HomeMy WebLinkAboutVAIL VILLAGE FILING 1 BLOCK 5D LOT M O VAIL VILLAGE INN PHASE 4 AKA VAIL PLAZA HOTEL SEBASTIAN 2004 MAJOR AMEND TO SDD #6ORDINANCE NO.6
Series of 2005
AN ORDINANCE ADOPTING A REVISED APPROVED DEVELOPMENT PLAN FOR SPECIAL
DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN, PHASE I, TO ALLOW FOR
MODIFICATIONS TO UNITS 16,17, AND 29, VAIL VILLAGE PLAZA CONDOMINIUMS, AND
SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, amendments to a Special Development District are permitted pursuant to
parameters set forth for such in Section 12-9A-10 of the Town Code of the Town of Vail: and
WHEREAS, the Planning and Environmental Commission of the Town of Vail held a
public hearing on January 24,2005, to consider the proposed amendment in accordance uith
the provisions of the Town Code of the Town of Vail and forwarded a unanimous
recommendation of approval to the Town Council of the Town of Vail based on the criteria and
findings presented in the staf memorandum: and
WHEREAS, the Vail Town Council finds that the proposed amendment to Special
Development District No. 6, Vail Village lnn, Phase 1, complies with the review criteria outlined in
Section 12-94-8 of the Vail Town Code and that the applicant has demonstrated that any
adverse effects of the requested deviations from lhe development standards of the underllng
zoning are outweighed by the public benefits provided; and
WHEREAS, the approval of the major amendment to Special Delelopment District No. 6,
Vail Village Inn, Phase 1, and the development standards in regard thereto shall not establish
precedence or entitlements elsewhere within the Town of Vail; and
WHEREAS, all notices as required by the Vail rown code have been sent to the
appropriate parties; and
WHEREAS, the Vail Town Council considers it in the best interest ofthe public health,
safety, and welfare to adopt the proposed amendments to Special Development District No. 6,
Vail Village Inn, Phase 1.
Ordinance No. 6, Series 2005
NOW, THEREFORE, BE ITORDAINED BYTHE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Purpose of the Ordinance
The purpose of Ordinance No. 6, Series of 2005, is to amend the Approved Development Plan for
Special Development District No. 6, Vail Village Inn, Phase 1, in accordance with the provisions of
Chapter 12-94-10 of the Vail Town Code. The "underlying" zone district for Special Development
District No. 6 shall remain as the Public Accommodation (PA) zone district.
Section 2. Establishment Procedures Fulfilled. Planninq Gommission Report
The procedural requirements described in Chapter 129A of the Vail Town Code have been
fulfilled and the Vail Town Council has received the recommendation of approval from the
Planning & Environmental Commission for the major amendment to Special Development
District No. 6, Vail Village lnn, Phase 1. Requests for the amendment of a special development
district follow the procedures outlined in Chapter 12-9A of the Vail Town Code.
Section 3. Special Development District No. 6
special Development District No. 6, Vail Village Inn, Phase 1, is hereby amended to assure
comprehensive development and use of the area in a manner that r,rould be harmonious with the
general character of the Town, proMde adequate open space and recreation amenities, and
promote the goals, objectires and policies of the Town of Vail Comprehensive Plan. Special
Development District No. 6, Vail Village Inn, Phase 1, is regarded as being complementaryto the
Town of Vail by the Vail Town Council and the Planning & Environmental Commission, and has
been amended because there are significant aspects of the Special Development District that
2Ordinance No. 6, Series 2005
cannot be satisfied through the imposition of the standard PublicAccommodation zone district
req uirements.
Section 4. Development Standards Special Development No. 6. Vail Village Inn
The amended Development Plan for Special Development District No. 6, Vail Village Inn, Phase 1,
shall include the following plans and materials prepared by FriElen Pierce Architects, dated December
13,2004, and stamped approved by the Town of Vail, dated March 1, 2005:
a. 4200. Level One Floor Plan
b. 4201. Level Two Floor Plan
c. 4202. Level Three Floor Plan
d. 4301 . North & South Elevations
e. 4302. East & West Elevations
Densitv-Number of Units Per Acre -
The number of dwelling units permitted in Special Development District No. 6, Vail Village Inn shall
not exceed the following:
Dwelling Units Per Acre - 13.25
Densitv - Gross Residential Floor Area -
The gross residential floor area (GRFA) units permitted in Special Development District No. 6, Vail
Village Inn, Phase 1, which accounts for residential square footage only, shall not exceed the
following:
GRFA - 186,561 Square Feet
Other Development Standards
No other development standards are amended bythis ordinance.
Ordinance No. 6, Series 2005
Section 5. lf any part, seclion, subsection, sentence, clause or phrase ofthis 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 inslid.
Section 6. The amendment of any provision of the Town Code as provided in this ordinance
shall not 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
commencedunderorbyvirtueoftheprovisionamended. Theamendmentofanyprovisionhereby
shall not revive any provision or any ordinance previously repealed or superseded unless expressly
stated herein.
Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent 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 theretofore repealed.
4Ordinance No. 6, Series 2005
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE lN FULL ON FIRST READING this 1Sth day of February 2005, and a public
hearing for second reading of this Ordinance set for the '1't day of March, 2005, in the Council
Chambers of the Vail Municipal Building, Vail, Colorado.
Rodney E. Slifer, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHEDl't day of
March.2005.
Rodney E. Slifer, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 6, Series 2005
ORIOINAL
IRREVOCABLE LETTER OF CREDIT FORMAT
Legal Description: Lot 14, rrl. D ,Block_
Subdivision; {r+it Vill*ae l{
Address:
Developer:
Project Number: '
lmp-rovement Co
Letter of Credit Expiration Date; M
DEVELOPER IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 22nd day of lCcQEI, 2004_-
by and among Davmer Corporation. N.V. (the , and the
Town of Vail (the .Town") and (the "Bank").
WHEREAS. the Develo a condition ry Certificate of
Occupancy for
description, and project
number)and
sufficient in the
judgement of the-Town improvements set
forth in the attached s) in plans and specifications
filed in the office of the unity Town of Vail: and
,
WHEREAS, the Developer
Agreement, including
the following:
to guarantee performance of this
to in this Agreement, by means of
The Developer ag establish an letter of credit #the amount
of $ 417.697.5p with
(name of bank in Eagle County, Colorado) as the securififoflIffif cf,mpletion of all
improvements referred to in this Agreement, in the event;lhEhBf,default under this
Agreement by the Developer. \ tfltl A .
NoW THEREFORE, in consideration of the roilods-forllovernnts iltrS1"r*nt",
reloner end lha Tnwn arlroa qc fnllmerc. 7Fl t I ^ -fth" D""J#:,';:Til;ff; :ir:Sl,:?:i:il,o"n"'o"Tlrua covef nts as*'eemen
1. The Developer agrees, at its sole cost and expense, to furniSlil equipment and
materials necessary to perform and complete all improvemen ts referred to in this Agreement. The
Developer agrees to complete all improvements referred to in this Agreement on or before the
30th day of Julv , 2005 . The Developer shall complete, in a good workmanlike manner, all
improvements referred to in this Agreement, in accordance with all approved plans and
specifications filed in the office of the Community Development Department of the Town of Vail,
and to do all work incidental thereto according to and in compliance with the following:
a. All said work shall be done under the inspection of, and to the satisfaction
of, the Town Planner, the Town Engineer, the Town Building Official, or other
PlDenveA0z Cunent Projects\1668 - Vail Plaza Hote{\ConespondencdGov Agencies\DlA credit format_112002.do€Page 1 of 5
official from the Town of Vail, as affected by special districts or service districts, as
their respective interest may appear, and shall not. be deemed complete until
approved and accepted as completed by the , Community Development
Department and Public Works Department of the Town of Vail.
2. To secure and guarantee performance of the obligations as set forth herein, the
Developer agrees to provide security as follows:
lrrevocable letter of credit #814 in the amount of $417,697.50 (125% of the total
costs of the attached estimated bid(s)) with WestStar Bank in Eagle County,
Colorado set to expire on the 18 day of October,2004 (not to expire less than 30
days after the date set forth in Paragraph 1 of this Agreement) as the security for
the-completion of all improvements referred to in this Agreement, in the event
there is a default under this Agreement by the Developer.
3. The Developer may at any time substitute tie security originally set forth above for
another form of security or collateral,.acceptable to the'Town to guarantee the faithful completion
of those improvements referred to in this Agreement and the performance of the terms of this
Agreement. Such acceptance by the Town of alternative security or collateral shall be at the
Town's sole discretion.
4. The Town shall not, nor shall any officer or employee.thereof, be liable or
responsible for any accident, loss or damage happening or occurring to the work specified in this
Agreement prior to the completion and acceptance of the same, nor shall the Town, nor any
officer or employee thereof, be liable for any persons or property injured by reason of the nature
of said work, but all of said liabilities shall and are hereby assumed by the Developer.
, The Developer hereby agrees to indemnify and hold harmless the Town, and any of its
officers, agents and employees against any losses, claims, damages, or liabilities to which the
Town or any of its officers, Sgents or employees may become suOlect to, insofar as any such
losses, claims, damages or liabilities (or actions in respect thereof) that arise oul of or are based
upon any performance by the Developer hereunder; and the Developer.shall reimburse the Town
for any and all legal or other expenses reasonably incurred by'the Towri
"ih
connection with
investigating or defending any such loss, claim, damage, liability or action. This indemnity
provision shall be in addition to any other liability which the Developer my have.
:
5. lt is mutually agreed that the Developer may apply for and the f,own mby "
authorize a partial release.of the security provided to the Town for each cate$ory of improvementat such time as such improvements are constructed in compliance with all plans and
specifications as referenced hereunder and accepted by the Town. Under no cdndition shall the
dollar amount of the security provided to the Town be reduced below the dollar amount necessarv
to complete all uncompleted improvements referred to in this Agreement.
6. lf the Town determines, at its sole discretion, that any of the improvements
referred to in this Agreement are not constructed in compliance with the approved plans and
specifications filed in the office of the Community Development Department of the Town of Vail or
C:\Documents and Settings\sfahrney\Local Settings\Temporary lnternet Files\OLKD\Oeveloper lmprovement Agreement.doc
not accepted by the Town as complete on or before the date set forth in Paragraph'1 of this
Agreement, the Town may, but shall not be required to, draw upon the security referred to in this
Agreement and complete the uncompleted improvements referred to in this Agreement. Pursuant
to Section 12-11-8, Vail Town Code, the Temporary Certificate of Occupancy referred to in this
Agreement may be revoked until all improvements referred to herein are completed by the
Developer or the Town in accordance with this Agreement.
lf the costs of completing the uncompleted improvements referred to in this Agreement
exceed the dollar amount of the security provided to the Town, the excess, together with interest
at twelve percent (12%) per annum, shall be a lien against the property and may be collected by
civil suit or may be certified to the treasurer of Eagle County to be collected in the same manner
as delinquent ad valorem taxes levied against such property. lf the Developer fails or refuses to
complete the improvements referred to in this Agreement, such failure or refusal shall be
considered a violation of Title 12 (Zoning Regulations), of the Vail Town Code, and the Developer
shall be subject to penalties pursuant to Section 12-3-10 (Violations: Penalties) and Chapter 1-4
(General Penalty), Vail Town Code.
7. The Developer shall warranty the work and materials of all improvements referred
to in this Agreement located on Town property or within a Town right-of-way, pursuant to Chapter
8-3, of the Vail Town Code, for a period of two years after the Town's acceptance of said
lmprovements.
8. The parties hereto mutually agree that this Agreement may be amended from time
to time, provided that such amendments be in writing and executed by all parties hereto.
Dated the day and year first above written.
crla{"(r; e-#*Ja
STATE OF COLOMDO
COUNTY OF EAGLE
The foregoing
--l , Dav ofl--
Witness my hand and official seal.
My commission expires
C:\Documents and Settings\sfahrney\Local Setings\Temporary Internet Files\OLKD\Developer lmprovemeni Agreement.doc
Page 3 of 5
ed before me this
STATE OF COLORADO
COUNTY OF EAGLE
STATEOFCOLORADO
)
)ss.
COUNTYOF EAGLE )
Town Planner
)
)ss
)
Theforegoing Developer lmprovement Agreement was acknowledged beJore me this,/\ Day of (J.c {-, L_:-t r- ,ZW:Lby 4p.p,.-rroV.-.-l L--e-.-
Witness my hand and official seal.
My commission expires:
.- . .* Th€ foregoing Developer lmprovement Agrepment.{ I -' day of oczoa=e , ZOot by &
Bank
ed before me thismz:z-A'
Witness my hand and official seal.
e,pa-n t, Vt
tt
My commission expies: blLt I Zaa b
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.-o---lllestStar Bank
15 Benchmark Rd
Avon, CO.81620'
(970) 94e-sees
IRREVOCABLE LNTTER OX' CREDIT
Effective Date: 10/18/04
Expiration Date: 10/18/05
To: Beneflciary Re: Customer
The Town of Vail Daymer Corporation N.V.
?5 South tr'rontage Road West 12 Vail Road Ste 200
Vail, CO.81657 Vail CO.81657
('Hereinafter referred to as: Beneficiary)(Hereinafter referred to as: Customer)
Dear Town of Vail
We hereby open our Irrevocable Letter of Credit No 814 in favor of Beneficiary. It is available by drafts at
sight drawn on Weststar Bank for any sum or sums not exceeded the lesser of "FOUR HIINDREII
SEVf,,NTENN THOUSANI' SD( EUNDRED AND NINNTY SEWN DOLLARS AIID F'IX'TY
CENTS'' ($417,697.50) or the total amount due under that specific Promissory Note Ilated February
25,20n4 from Dayner Corporation N.V., as hereinafter defined, and Beneficiary for the account of
Daymer Corporation N.V. f'Letter of Credif')
Drafts under Lener of Credit must be ac'companied by an affidavit, signed by Beneficiary stating that
I)aymer Corporation N.V. has failed to comply with the terms and conditions of the Developer
knprovement Agreement. Each draft must bear upon its face t}e clause, 'Drawn under Letter of Credit No.
814 dated October 18, 2004, WestStar Bank, Avon, Colorado".
Partial draws are not permitted.
Drafts under Letter of Credit must be presented to an officer of WestStar Ba4k at the following address of
WestStar Bank between the hours of 9:00 a.m. and 3:00 p.m. Monday through Friday excluding Holidays:
Avon
15 Benchmark Rd
Avon, C0.81620
The amount of the draft, which is negotiated pursuant to this Letter of Credit, togetha with the date of
negotiation, must be endorsed on the reverse side of the Letter of Credit.
We hereby agree that drafts drawn under this Letter of Credit and in compliance with its terms, shall be
promptly honored if presented at the counters of Weststar Bank as previously defined herein no later than
3:00 P.M. Mountain Tirne on October 18, 2005.
This Letter of Credit is not assignable and shall expire at 3:00 P.M. Mountain Time on October 18, 2005.
WestStar Bank represents and warrants to Beneficiary that full authority and power to issue this Letter of
Credit in the total amount and for the period of time stated herein: said authority being pu$uant to the laws
of the United States, or to the State or territory which governs the establishment and regulation of WestStar
Banlq and the WestStar Bank's Charter, bylaws, and other applicable rules and regulatiors adopted
pursuant thereto. This credit is subject to the "Uniform Custom and Practice for Documentary Credits
(1993 rw.), International Chamber of Commerce Publication No. 500".
Letter of Credit #814
October 18, 2004
Page2
(1993 rev.), International Chamber of Commerce publication No. 500".
Should ir be necessary for Beneficiary to file suit in an effort to enforce this Letter ofCredit. WestStar
Bank hereby waives all venue rights and submits to thejurisdiction ofthe District Court in and for the
County ofEagle, State ofColorado.
From:
To:
Date:
Subject:
Corey Swisher
Department Heads: Town Council
10122104 2:05:20 PM
Acting Town Manager
To All:
Pursuant to Section 6.2 of the Town of Vail Charter, Pam Brandmeyer will serve as the Acting Town
Manger from Friday, october 22, 2004, s:00 p.m. until wednesaay, october 27, 2004, g:00 a.m.
Pam can be reached at the following numbers:
479-2113 Work
471-3573 Mobile
926-1694 Home
Stan will be available via mobile: 390-7748
Thank you,
CS
Corey Swisher
Executive Assistant
Town of Vail, CO
p: 97 0.47 9.21 06, f : 97 0.47 9.21 37
e: cswisher@vailgov.com
w: http://www.vailgov.com
CC:Lorelei Donaldson
t
rHI s
"'lR.%".TffiiT3 fl " rHE
FOR THE
2AO4 MAJORAMENDMENT TO SPECIAL
DEVELOPMENT DISTRICT NO. 6,
VAIL PLAZAHOTEL
a>Qsotl - o I't 6.
PEC04-002s
DRB04-0179
/,\OtO8i.O3Oo3'
th.^-"^-g
a
r0ffiffi
al
Planning and Environmental Commission
ACTION FORM
__ Depafunent of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2139 fax: 970.479.2452
weD: www.Ci.vail.co.us
Project Name: DAyMER NEW CONSTRUCTION pEC Number: pEC040025
Project Description:
NEW CONSTRUCTION
participants:
OWNER DAYMER CoRp NV 05/10/2004 phone:
1OO E MEADOW DR
VAIL
co 81657
License:
AppLrcANT ZEHRE-N &ASSOCIATES, INC. 05/10/2004 phone: g7o-g4g-0257
P.O. BOX 1976
AVON, CO
81620
License: C000001625
ProjectAddress: 100 E MEADOW DR VAIL Location:lOO E MEADOW DRIVE
Legal Description: Lot: M-O Block 5D Subdivision: VILLAGE INN
'LAZAParcel Number: 210108203003
Comments: See conditions in the DIA
BOARD/STAFF ACTION
Motion By: Kjesbo
second Bi: tieb - A€tion! APPRovED
Vote: 5-0 DateofApproval: O6/28/2004
Conditions:
Cond: B
(PLAN): No changes to these plans mav be made without the written consent of rown ofVail staff and/or the appropriate review committee(s).
Cond: 300
PEC approvar shail not be not become varid for 20 days foflowing the date ofapproval.
Cond: CON0006756
see conditions outined in the approved Deveroper Improvement Agreement
Planner: George Ruther pEc Fee paid: g1,000.00
tr Rezoningtr Major SubdivisionE Minor Subdivisiontr Exemption PlatF Minor Amendment to an SDDtr New Special Development Disvicttr Major Amendment to an SDDE Major Amendment to an SDD
(n o exte rior m od i fica tions)
DescripUgn of the
Parcel No.:
Zoning:
Name(s) of Owner(s):
Mailing Address;
$1300
$1s00
$6s0
$6s0
$r000
$6000
$6000
$12s0
fli&1oa
tr Conditional Use Permit $550tr Floodplain Modlfication $400tr Minor Exterior Alteration 9650tr Major Exterior Alteration $800E Development Plan $1500tr Amendment to a Development Plan 9250tr Zoning Code Amendment $1300tr Variance $500tr Sign Variance $200
(Contact Eagle Co. Assessorat 970-328-8640 for parcel no.)
RECEIVEO
i!i ', .,
Application for Review by the
Planning andlnvironmental Commission
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
General Information:
ftt..qpjects requiring Planning and Environmental Commission review must receive approval prior to submitting abuilding permit applicatien. Please refer to the submittal requirements for the particular appro'uat that is requesfid.
An application for Planning and Environmental Commission review cannot be aicepted untiltafi required information
is received.by the Community Development Department, The project may also need to be reviewed by the Town
Council and/or the Design Review Board,
Type of Application and Fee:
fu..Location of the Proposal: LoHlfll0 Bl
Owner(s) Signature(s):
Name of Applicant:
Mailing Address:
E-mail Address:
For Office Use Olly:
Fee Paid: /bO'
Page lof7-01/18/02
f,ln-
I, (print name) . a joint owner of property located at (address/legal
description)
provide this letter as written approval of the plans dated
been submitted to the Town of Vail community Development Department for the proposed
improvements to be completed at the address noted above. I understand that the proposed
improvements include:
I further understand that minor modifications may be made to the plans over the course of the review
process to ensure compliance with the Town's applicable codes and regulations.
(Signature)(Date)
Page 2 of 7-01l l8/02
which have
TOI{,NI
Special Development District (SDD)
Submittal Requirements
Fi il our vhllr
Egrura*l I
GENEML INFORMATION
This application is required for any proposal involving the establishment of a new special development
district or an amendment to an existing special development district. The purpose of the Special
Development District is to encourage flexibility and creativity in the development of land in order to
promote its most appropriate use; to improve the design character and quality of the new development
with the Town; to facilitate the adequate and economicai provision of streets and utilities; to preserve the
natural and scenic features of open space areas; and to further the overall goals ofthe community as
stated in the Vail Comprehensive Plan. An approved development plan for a Special Development
Distrjct, in conjunction with the propeny's underlying zone district, shall establish the requirements for
guiding development and uses of property included in the Special Development District. The Special
Development District does not apply to and is not available in the following zone districls: Hillside
Residential, Single-Family, Duplex, Primary/Secondary.
Major Amendment (PEC and/or Town Council review): Any proposal to change uses; increase
gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or
expand any approved Special Development Districts.
Minor Amendment (Staff review): Modifications to building plans, site or landscape plans that do not
alter the basic intent and character of the approved special development district, and are consistent with
the design criteria for special development districts. Minor amendments may include, but not be limited
to, variations of not more than five feet to approved setbacks andior building footprinG; changes to
landscape or site plans that do not adversely impact pedestrian or vehicular circulation throughout the
Special Development DistricU or changes to gross floor area (excluding residential uses), of not more
than five percent (5olo) of the approved square footage of retail, office, common areas and other non-
residential floor area,
I. SUBMITTAL REOUIREMENTS
tr Feet $6000.00 - New SDD
$6000.00 - Major Amendment to an SDD
,-$ fitn Report, including Schedules Ae.B Ot,,j-|; -^- . - L"'r- ,ttto\ rW Written approval from a condominium association, landlord, and joint owner, if applicnbteOK*--,--It-f ).
_-";E A written statement addressing the following:a. Describe the nature of the project to include information on proposed uses, densities, nature
of the development proposed, contemplated ownership patterns and phasing plans.b. A statement outlining how and where the proposed development deviates from the
development standards prescribed in the property's underlying zone district.
Page 3 of7-01/18102
g A complete zoning analysis of existing and proposed development to include a square foomge
breakdown of all proposed uses, parking provided, and proposed densities.
o Stamped Topographic Survey (four complete sets of plans).
o Existing ano ri&dsedgit" "ni d'riding ptans (Four comptete sets of ptans).
tr A Vicinity Plan itt'e$ecdefrt less than 1"=50' to adequately show the project location in
relationship to the surrounding area (Four complete sets of plansi.
o A Landscape Plan (Four complete sets of plans).
a A Roof Height plan (Four complete sets of plans).
o Existing and Proposed Architectural Elevations (Four complete sets of ptans).
o Existing and Proposed Architectural Floor Plans (Four complete se6 of plans).
o Sun/shade analysis of the existing and proposed building for the spring/fall equinox and winter
solstice at 10:00 am and 2:00 pm (as determined by the Administrator). -
n All plans must also be submitted in 8,5" x 11" reduced format. These are required for the
Planning and Environmental Commission members, information packets.
a An Architectural or massing model depicting the proposed dwelopment in relationship to
development on adjacent parcels.
o Photo overlays and/or other graphic material to demonstrate the special relationship of the
proposed development to adjacent properties, public spaces, and adopted public view coryidors.
tr Parking needs assessment and vehicular circulation analysis prepared by a qualified
professional.
a An Environmental Impact Report (unless exempt according to Section IZ-LZ-3 of the Town
Code)
n Additional Material: The Administrator and/or PEC may require the submission of additional plans,
drawings, specifications, samples and other materials if deemed necessary to properly evaluate the
proposal
II. DETAILEDSUBMITTATREOUIREMENTS
Topographic survey:g Wet stamp and signature of a licensed surveyorA Date of surveytr North arrow and graphic bar scaletr Scale of 1"=10'or l"=Ze)E Legal description and physical addresstr Lot size and buildable area (buildable area excludes red hazard avalanche, slopes greater than 400/0,
and floodplain)tr Ties to existing benchmark, either USGS landmark or sewer invert. This information must be clearlv
stated on the surveya Property boundaries to the nearest hundredth (.01) of a foot accuracy. Distances and bearings and a
basis of bearing must be shown, Show existing pins or monuments found and their relationship to
the established corner.tr Show right of way and property lines; including bearings, distances and curve information.D Indicate all easements identified on the subdivision plat and recorded against the property as
indicated in the title repoft. List any easement restrictions.D Spot Elevations at the edge of asphal! along the street frontage of the property at twenty-five Foot
intervals (25'), and a minimum of one spol elevations on either side of the rot,! Topographic conditions at two foot contour intervals
Page 4 of 7-01/l 8/02
o Existing trees or groups of trees having trunks with diameters of 4" or more, as measured from apoint one foot above grade.a Rock outcroppings and other significant natural features (large boulders, intermittent streams, ek.).E All existing improvements (including foundation walls, roof overhangs, building overhangs, ek.).E Environmental Hazards (ie. rockfall, debris flow, avalanche, wetlands, floodplain, soils)o Watercourse setbacks, if applicable (show centerline and edge of stream oi creek in addition to the.
required stream or creak setback)a Show all utility meter locations, including any pedestals on site or in the right-of-way adjacent to thesite. Exact location of existing utility sources and proposed service linei from their source to the
struqture. Utilities to include:
Cable TV SewerTelephone Watero Size and type of drainage culverts, swales, etc.
\td 5
Electric
tr Adjacent roadways labeled and edge of asphalt foi both sides of the roadway shown for a minimum
of 250' in either direction from property.
Site and Grading plan:
o Scale of I"=20'or largero Property and setback lineso Existing and proposed easementso Existing and proposed gradesE Existing and proposed layout of buildings and other structures including decks, patios, fences and
walls. Indicate the foundation with a dashed line and the roof edge with Jsolid line.o All proposed roof ridge lines with proposed ridge elevations. Indicate existing and proposed grades
shown underneath all roof lines. This will be used to calculate building height.o Proposed driveways, including percent slope and spot elevations at the property line, qarage slab and
as necessary along the centerline of the driveway to accurately reflect grade,D A 4' wide unheated concrete pan at the edge of asphalt for driveways that exit the street in an uphill
direction.a Locations of all utilities including existing sources and proposed service lines from sources to the
structures.o Proposed surface drainage on and off-site.e Location of landscaped areas.u Location of limits of disturbance fencinoo Location of all required parking spaceso Snow storage areas.a Proposed dumpster location and detail of dumpster enclosure.o Retaining walls with proposed elevations at top and bottom of walls. A detailed cross-section and
elevation drawings shall be provided on the plan or separate sheet Stamped engineering drawings
are required for walls between 4' and 6'feet in height.o Delineate areas to be phased and appropriate timing, if applicable
Landscape Plan:o Scale of 1" = 20'or largero Landscape plan must be drawn at the same scale as the site plan.o Location of existing trees, 4" diameter or larger. Indicate trees to remain, to be relocated (including
new location), and to be removed. Large stands of trees may be shown (as bubble) if the strand ilnot being affected by the proposed improvements and grading.o Indicate all existing ground cover and shrubs.o Detailed legend, listing the type and size (caliper for deciduous trees, height for conifers, gallon sizefor shrubs and height for foundation shrubs) of all the existing and propoied plant material includinggrouno cover.o Delineate critical root zones for existing trees in close proximity to site grading and construction.o Indicate the location of all proposed plantings.
Page 5 of7-01/18/02
tr
n
0
The location and type of existing and proposed watering systems to be employed in caring for plant
material following its installation.
Existing and proposed contour lines. Retaining walls shall be included with the top of wall and the
bottom of wall elevations noted.
Architectural Floor Plans;D Scale of 1/8' = 1'or larger; 1/4" is preferredcl Floor plans of the proposed development drawn to scale and fully dimensioned. Floor plans and
building elevations must be drawn at the same scale.
Clearly indicate on the floor plans the inside face of the exterior structural walls of the building.
Label floor plans to indicate the proposed floor area use (i.e. bedroom, kitchen, etc,),
One set of floor plans must be "red-iined" indicating how the gross residential floor area (GRFA) was
calculated. see Title 12, chapter 15 - Gross Residential Floor Area for regulations.
Provide dimensions of all roof eaves and overhangs.
Architectural Elevations:
ct
o
o
Scale of 1/8" = 1'or larger; 1/4" is preferred
All elevations of the proposed development drawn to scale and fully dimensioned. The elevation
drawings must show both existing and finished grades. Floor plans and building elevations must be
drawn at the same scale.
If building faces are proposed at angles not represented well on the normal building elevations, show
these faces also.
Elevations shall show proposed finished elevation of floors and roofs on all levels.
All exterior materials and colors shali be specified on the elevations.
The following shall be shown graphically and fully dimensioned: fascia, trim, railings, chimney caps,
meter locations, and window details.
Show all proposed elterior lightlng fixtures on the building.
Illustrate all decks, porches and balconies.
Indicate the roof and building drainage system (i.e. gutters and downspouts).
Indicate all rooftop mechanical systems and all other roof structures, if applicable.
Illustrate proposed building height elevation on roof lines and ridges. These elevations should
coordinate with the finished floor elevations and the datum used for the suruey,
Exterior color and material samples shall be submitted to staff and presented at the Design Review
Board meeting
PRE.APPLICATION CONFERENCE
A pre-application conference with a planning staff member is strongly encouraged. No application will be
accepted unless it is complete. It is the applicanfs responsibility to make an appointment with the staff
to determine submittal requirements.
TIME REOUIREMENTS
The Planning and Environmental Commission meets on the 2nd and 4th Mondays of each month. A
complete application form and all accompanying material (as described above) must be accepted by the
Community Development Department by the appropriate submittal date, which is a minjmum of four (4)
weel€ prior to the date of the PEC public hearing.
Approval of a major or minor exterior alteration shall lapse and become void two (2) years following the
date of approval unless, prior to the expiration, a building permit is issued and construction is
commenced and diligently pursued to completion.
o
D
a
o
tr
o
Page 6 of?-01/18/02
ADDMONAL REVIEWA' Ifthis application requires separate review by any local, State or Federal agency other Lhan the Town
of Vail, the application fee shall be increased by g200.00. Examples of sujh review, may include, but
are not limited to: Colorado Department of Highway Access Permits, Army Corps of Engineers 404,
etc.
B. The applicant shall be responsible for paying any publishing fees.that are in excess of 50o/o of the
application fee. If, at the applicant's reques! any mattei is postponed for hearing, causing thematter to be re-published, then, the entire fee for such re-publication shall be paid by ttre applicint.
C. Applications deemed by the Community Development Department to have design, land use or other
issues which may have a significant impact on the community may require review by consultants in
addition to Town staff. Should a determination be made by the Town staff that an outside consultant
is needed, the Community Development Department may hire the consultant. The Department shall
estimate the amount of money necessary to pay the consultant and this amount shall be forwardedto the Town by the applicant at the time of filing an application. Expenses incurred by the Town in
excess of the amount fonirrarded by the applicant shall be paid to the Town by the applicant within 30
days of notification by the Town. Any excess funds will be returned to the applicant upon review
completion.
Please note that only complete opplications will be accepted. Atl of the required informution must be
submitted in order/br the applicatian to be deemed complete.
PageT of7-01/18/02
. .t..r
Land Titie (S9) Thu 06 May 2004 01:12:49 PM MDT
F
Page 1 of 14
-l-F
Land Tltle
Land Title Guarantee Company
CUSTO}TER DIS'IRrtsU-TION
a;:iar.'\Nrf.t couPnr{Y
Date : O5-06?)04
Property Addrs.rs:
VAIL VLI,AGE TNN
Orlr ()rder Number- \{i2fi1111.1
CS-{NIE DORSE!/
vAtL vu"t-A(;ti INN
12 lirll' ROAD, STT" 20O
vAtr, co tr657
Ptxnn 9111476-5622
Fut; 97041G'1661
Settt lta Fax
If Snru have ary iupirirs or rtquirc frutrer arsistance, please conbct o* of 0re mu*rers hkrw:
For fitJr Arsistsnce:
Vail Title DepL
Karcn Biggs
10tt s. FRONTAGE RD. lV. #203
P.O. BOX 3s7
vArL, CO 81657
Phune: 97ll-i176-2251
Ftxz 970-416.4732
DMail: kbiggs@ltgc,com
From Land Tit'le (S9) Thu 06 May 2004 01:12:49 PM MDT Page 2 of ).4oo
Land Title Guarantee Company
Drtr: 05-l)6-2{10.1
Orrr {}rder Numt}er: V(2777117-1
Itoperfy Addr*ris:
VAIL VLT,AG{ TNN
Btyer/Borrower:
IIAYMBR CORIORATION N.V.. A NI'I'HERLANIIS ANTll,l.I{:S CORPOTL{.flON
Sellerl( )rvner:
DAYMER COTTPO*.q,1'TON N.V.. A NIqT'HDRLANDS AN'IILLES CORIORAI]ON
Need a map or dircctions for your upcoming dosing? Chcck out Land l-i e's wcb sitc at www.ltgc.cortr
l'or directions to any of our 54 oflice l0crtions.
FSTTMATII OF TITI,II T.T,1]S
lfrrrmation Bir*r s750. oo
Tolnl-sTso .00
tos ct*ttact {B/2oc}} IIIANK yOU FOR YOUR ORDEB!
From Land Title (S9) Thu 06 Mav 2004 01112:49 pM MDT Page 3 of 14
ITND TITIECUqRANTE CI,PAIfY
I].I\OCE
tand Tltle
(hrnen DAYIVIERCORPORATION N.V., A NETHERLANDS ANTILLES CORI'ORATION
P$pcdy Ad&$s: vAIl, VILLA,Gfi INN
Yow Relbrence No.:
}lhm rcfenirg kr thi.s order, llease refersxe our Order No. VL27n87.7
- crt4R(;as -
Ir{ormatitn Birirr $1s0.00
-11rtel.-$1s0.00
Plerse rratrc cleckr poyalile trr:
Land 'fiUc Guaradcc Company
P.0, &x 5440
Den'er, CO {10217
From Land Ti t'l e (S9)Thu 05 Mav 2004 01:12:49 PM MDT Page 4 of 14
Chicago lillc lrouracc Corrpany
ALTA C{}NTNIITMENT
Schedule A
Our Ordcr No. VC277787.1
L\r.sL Ret'.:
Prrperty Address:
VAIL VLI,AT;E INN
1. Elfective Date: April f9, 20(H at5dn p.l\4
2. Policy to l:e llsmed, and Proposed Innrred:
l{omution l}idcr
Proposed Insur€d:
llAYMtsR CORITORA'ilON n-. V., A Nb-II{ERT,ANDS ANTtt.LF:S CORIORAI'ION
3. The sstate or inlersst iu the land dsscrib{:d or relbrred 1o in this Crmurihnent und covelt,it hrrein is:
A Fee SimSe
4. li{c lo thc c.s[a14 or inlcrcsf coyercd hcrcin is !! thc cffcctivc datt hcrcof vcslrd in:
DAI'IIER L:ORIIT}&4,TruN N.V.. A NETIIERLA,NDS ANTILLE.S C(}RR}RAI'ION
5. Thc land rclcrrcd to in this Commitmcnl is dcscribcd as follows:
.$EE ATTACEM PAGq$ F(}R LAGAL DNSLTIPII0N
From Land Tit.l e (S9)Thu 06 May 2004 01:12:49 PM MDT Page 5 of 14
Out Ordcr No- VC277?87.1
LGAl-tECRmq'l
PARCEL 1:
coNDoMrNluM uNtl' l, YTLLAGE t\N PLAZA-PHASE rV CONDOMINIUNIS, ACCORDING 10 l'HE,
c()l{D{NIINItiM MAP REC(}R.DED DE(ENIBER 17, Le92, IN B{X)K 596 AT pA(;E 910. AND A"S
DF,FINIID AND DF^SCRIRF-D IN TFIII CO|IIDOMII\'ru1!f DFCI RATION RF.CORDTT,I) DIICTCIiTBIIR 17, 1992
IN BOOK 596 AT PAGE 909. COUN1Y O}'EAGLS. S'T'A'TE OI'COT,ORADO,
PARCITI,2:
(}IIIITTED
PARCIIL 3:
ONTTITFJ)
PAR(IL 4:
I'HOSE IrORI'IONS Ol'r,ols 14 N, ANr) q BLOCK5-D, VAIL VLr,AGn! !'rRSl'I'rLrNG
ALCORDIN(; TT) TI{E IVI.A.P THERE(}F REC0RDED UNDER RELTII'IION N(), 96382 IN TIIE (XT'ILE
OF TFIIIF,/iGLE COLTNTY. COLORADO CLIIRKAND RJrCORDIIR (CLIIRI{S RrrCORrrSi DI,SCRIBED
AS I'OLLOWS:
BFCINNTNG AT A POTNT, ON TTIn NORTIInRTJ r,INn OF SAm r,OT O, \rymclr E TEII
NORTHEASI' CORNER O}'A PARCEL DTSCR]I}ED tN BOOK 230 A1I'PAGE 556 OI'TIII' CLERK'S
RELURI}S! VIIIIENCE TIIB, N(}RTIil{NST CORNER OF SAID L(}T N BEARS NORTH 79 DE(;REIIS 45
I\'fINUTF-S 00 SECONDS WIIST 175.00 niltT DIST NT; TI{IINCII AT,ONG S,iII) NORTIIIIRIJ LIIYE,
SOU'I'H 79 DEGREES 46 trilNull;S 00 SI;CONDS EAST 178.40 l''tsIlt, 10 THlt NOR'rHffilS'r'
coRNER OF VILI-A(;E INN rL{ZA, A C(}NDOM{IIJIVI, ACCORDIN(; TO TIIE NIAP TTIF.RE(IF
RF,CORDT,;D rN BOOK 349 AT PAGItr rl OF THlt CII,IRICS RFCORDS; THI,iI{CI{ AI,ONG TIfIr
WITS"IERLY LTNT] O}'SAID VILT,AGIJ INN I,{I,AZA, A CONDOIIINTUIA SOU'ftT 09 DI'GREES 30
NIINUTES IIO SE(X)NDS WEST 37.6I IEET T() TTIE N(}RTIIEASTENLY C\)R\TR ()F COND0MINru}I
I,TAP FOR VIIJ"{GIT INN PT,AZA . PHASTT ry CONDOIVTINIUI\m, ACCORDINC T0 TTilI MAP THERNOF
RUCORD.ED lN THII CLERK'S TUCORDS; 1'H-[)NCB, U;pARl'tttlc SAID WtS-lltRLY LlFiE, THIi
F0LITOWIN{] NINE COIJRSES AI,ON(; TIIE NORTHERLY, EASTERLY A}iD SoUTIIMLY LINRS OF
SAID CONDONfINIUI\' M P FOR VIIJAGE INN Yt-\7A - PIIASn Iv : tl ) NORTI1 79 DITCRIdFS 47
MINU'IES l)8 SItCONIIS WIr9'r'70.ft FBm'; (2) SOUUr 32 DEGREI:S 56 I\IINUI}]S 27 SECO\*DS
WILST 63.s1 FEEI; (3) NORTH 79 DEGREES 47 MINUTES l)lt SECOhIDS WE$T 61.46 FEET;
(4) SOUfiT l0 DITCRITJ'S 12 NIINUTF,S 52 SI,ICONDS WINST 6S.82 I,Ttr,.T, TOTIIII NORTTIItrRIJ
li{,CE O}'AN fixlsl'tNc IfUILDING; (5) SOUTll T9 DEGREIiS 58 l\.flNUl'tLS 51 SECONDS HAST
6.ss FEET, AI/)NG THE N()RTEERLY FACT OF SAID ffi$Tll.{(; BUILDIN(I; (6) SOUTE 10
DT4CRAjS 01 i\.flNUTttS 09 SFCONDS WtiST 6.4r nmT, ArO-FiC THE IIASTIRTJ F Clr OF SAII)
[,XLS'r'rNG BUILDING; (7) DXP.{,RI'ING'r'HIr'mS'fltRLY I'ACX Or SAID EX|SI'ING BUILDING,
SOUTE 79 DE(;RE[S {7 MINUTES {flt SFTONDS EAST tt3.93 IET; (tl) N{)RIII l{f DE(;R[D.S 12
NTINUTTIS s2 ST,]CONDS riAST 3460 lfrilft (9) SOUTH 79 DFCREES 4? n{rNUTr.S 0B SnCONDS
r"ASr 67.05 -F'Dlfl" 10 l'nH SAID WtrSTnRLy UNrJ OF- VTLI AGE tNN pt L'L^, A CONDOMTNTUM;
TIIENCE TIm FOLLOWING THRff COURSES AL{)N(; SAID WESTERLY LINE: {1) S(}UTH 09
Df,GREF^S 30 I\IINUTTS 00 SF.CONDS WIrST 50.91 r,TtllT; i2) SOUTH 80 DIdGRnES 30 ll,flfiunrs
00 sEcoNDs EAST56.60 r'lrrr: (3) sourll 09 Df,GRmlS 30 l\ilNul'r]S 00 $,cor!Ds WEsl'
7.46 TF-ET! TO TIIEN0RIHMLY LL{E OF VILLIX;E INN ITLAZA PTIASES I AND II.
ACCORT,III{G TO THI] NIAP TFMRI'OI' RIICORDED ]N BOOK 388 AT PACE 855 OF TIIN CITRK'S
From Land Title (S9)Thu 06 May 2004 01:12:49 PM MDT Page 5 of 14
Our Ordcr No. VC2?7787.1
L&ALtErHmoll
RECORDS; TEEI'{CE TIIE FOLLOVIIN{; FOUR COURSES AIONG TIIE NORTIIERLY AI\-D WASTERLY
LINIIS OF SAID YIIJ cn $iN PIiT-A PHASIiS I ANI) II; {1) NORTII S0 DIIcRItnS 22
eflNUTES 22 SETPNDS WEST 125.59 r,.EUr'; (2) SOUIII {2 DEGRI]ES 32 M|NUIIiS 2r SECONT}S
W]EST {6.1}1 FEET; (3) SOUTH tl2 DE{;REES ffi I!fi{UTES 46.SF,CONDS WEST 49.4{t FffiT;
(4) SOUTIT 10 DnCRnr4S 13 lltrNUTnS 02 SECONDS WnST 53.5r rflXrrrO Tr{n NORTI{EASTERTJ
CORI{IIR OI.-.}'ORTEITURE OR RI'VI'RITR CLAUSE AMSNDME}iT TO CONDOMINIUM I&A.P OI' VTLI-AGE
INN PIITZA - I|EA"SE V CT)NDT)I\,IINIUI!f,S. ALL'ORDNC TT} TIIE MAP TTIEREOF REC(}RDED IN THE
CLIRKS RF{ORDS; TEIlNCttr THE FOII,OWINC THRI{I{ COURSF.S AT,ONG THlt NORTHI{RLY LINE OF
SA|r} I.'IItgI'A*MENDMENT 1'O CONDOIilNIUM MAP OI' VILLAGE INN PL{.21A . PTIASU V
CONDOMINIUII'{S: (1) NORTII lll} DE(;RrjE.{i 02 M{UTES 44 SEC{)NDS w.EsT 1{m.72 FEET; {2)
NORTH 09 DttGRnr4S 57 MINUTI{S 16 SIDCONDS rnST 5.?5 FEET; (3) NORTIT 80 r}ncRl,jrS 02
MINUTES.|4 STICONDS lvl$r'52.23 l,'Bln'r 1'O'l'ftts wES'r'ERLy LrNs O1'SArD LOI Sg THENCE
N0RTE IN DE(;REES 23 MINUIES I}O SEC0NDS WAST 105.76 FET, ALON(; SAID WE\-TERLYIl|ilt, TO THll NORTHWITST CORNER OF SAID t,Or Mi TrmNCTl ALONG TIIn WnST LINI] Or
sAlD r.oT N, NOr{r}I 00 DL'GRfiES 23 lurNUTllS 00 SECONDS WEST 50.05 I'rrEr'. 10 'friE
SOUTIIWEST C{)RNER ()F SAID PARCEL DBSCRIBD IN BTX)K 23|} AT PA(;E 556 0F TI{E
CI,IIRKS RECORDS! TIIfflICT' TEII FOIT.OVI.INC TWO COTJRST'S AI,ONG TIilT SOUTH]'RIJ AND
EASIIIRLy LINES OI,'SAII) PARCEL: (1) SOU'ftI 79 DEcxItttS 46 lvilNUTES 00 SICI)NDS DAST
147.36 EffiT; (Z) NORTE 10 DE(;REES 14IIINUTH; lXf SFiIONDS F,AST 147.43 FET. To
TIIT' POINT OF B]'GINNINC, COUNTY OF IIAGI,I'. STATI' Or COI,ORADO.
PARCEL 5:
CONI}OMINIUM UNI1S 2 ANI} 3, VTLT,AGE INN PT,AZA - PHASE IV CONDOMNTUMS, ACTORI}ING
fi) TIIE COND0MINIU]VI I!v14,P REC0RDED DDLTIVIBER 17, IY)2,IN B{X}K 596 AT PA(E 91U AND
AS DI'I'IhIT'I} ANT} DTSCRIBFJD IN TFII' CONDO}IINruNI DICCIARATION RIqCORDIT} DECII,N{RI'R 17,
1992 IN SOOK 596 AT PAGO 909, COUN1Y OF'EAG{-II, STA'TU O}' COLORADO.
From Land Title (S9)Thu 06 May 2004 O1:12:49 PM MDT Page 7 of 14
A L'f A COMMITIVIEN T
Schedule B - Secfon 1
fRequiremcnts) Our {hder Nt. V(217787,7
fhc following arc thc rcquircmcnts to be complicd witb:
llcm (a) hytncnt lo or for l}c accouna of tbc granlors or nrorlg4ors of lhc tutl considcration for thc cslat4 or
interest tl lt insnrd.
llcm (b) Pmpcr inslnrrrc(s) crcalidg lbc cshlc or in{crert lo bc imurcd mrst bc cxccut{d atrd duly filcd for rccond
trrwit
Itcm (c) frymcal of all laxcs, chaigca or asscssrncnls lcvicd aod s$scssrd rgainsl thc sub.]cct premi*cs which are due
ard payahk.
Ilcm (d) Addilioml r*quinmcnlr, if any discloscd bclow:
l'HlS COMMITMEN'I IS r,-OR INI-ORI!{A1'|ON ONLY, AND NO IOLTCY Wtt.r. Bt: tSSUttt)
PUR.SUANT HERET{}.
From Land Title (S9)Thu 05 Mav 2004 01:12:49 PM MDT Page 8 of 14
ALI'A COMMIT[,IEN T
SchefuleR-Secfon2
fhcrptions) (hrr Order No. V(]777117.1
fbc polity or policics to bc issucd will contsin cxccptions 1o lhc following unltss lhc srmc arc dispos'cd
of to tlre sattdhctinn ol the Company:
1. Rigfrb or clak* of padics in posscssion nol $hown by lhc pubtic rtcortb.
2. ftase ents, or clairns of easernent* not shown by dre prHic rccords.
3. Discrcpancie,,r, curdlictr in hnrndarf, lirx*, slxntage in aerr errnrr:lInlenh, f,d uy frtr whicl a carrct snwey and
irtpection of dre premises would disclore and which arc mt shown by tlre pubtic rccods.
4. Any Iieg or right ltl a ficg lilr senicts, Iialxrr {)r mrttdat dlcrBtl{{rtB or bereal'er lirnrishc4 irprned by taw and
ml shorvn by the prblic records.
5. Defi:c8, licns, encrmhrnces, adversu dainr or olhrr nrrtlen, if roy, created, lirst appe:ring in fte pfilic records or
attachiry subsequent to Ere effeclire dab hermf tut prior io fte dab dre prposed insrrd acguires of record for
valuc lbc cslalc or inlcn*t or rmrlgagc thcr+on covcrcd by lhis Cbmmilnrnl
6. Tar.es or special Gsessrlrents which arc rnt shown as existirg liem by Ore public rccords. o the Tieasuef s oflice.
7. Liers firr rrrpqid water ard sewer charges, if any..
E. ln addilion' lhc owrt's policy r+i|| bc subiccl to lhc (Frlgagc., i.t any, mtcd in Sccfion 1 of lh.hcdulc B hcrcof.
9. RTGHI'OT'' PROPRIE.IOR O!'A VEIN OR LODI' 10 EX.r'RACr AND RIIMOvtr, HIS ORE
TIIEREF'R(}VI SH(XJLD THE SAME BE I\OUND TO PENETRAIE 0R INTERSEL'T TIIE PREMNES
AS RTS]'RVIID IN UNITED STATT'.S PATI1NT RTTORDI{D ruI,Y 12, 1899, IN ROOK 48 4T
PAGf, 475.
10. RIGHI- OI' WAY I.'OR DtlTTilIS OR C{.NALS CONS'r-RUCN'D I}Y I'HE AUI'HOR]IY OF- r'HB
UNNED STATBS A.S RESD,RYED IN UNITM STAIT.S PATENT RECORDM.ruLY 12. 1It99.
IN ROOK 48 AT PAG[' 475.
I I. RFSTRICTIVE CO1'ENANTS 1VHICH DO NOT CONTAtr\ A FORFT{ITURI' OR RN,'ITRTF..R CI,AUSII
BU',I O$ilrrrNc ANy COVENAN'r' OR RrSS'r'RtCtr.rON BAStst) ON rtACIr, CO[,o& RnLtGtON,
Sffi. HANDICAR FAIIIILIAL STATUS ORNATIoNAL 0RIGIN UNLESS AND (}NLY T() TI{E
f,XTtrNT THAT SAID COVIiNANT (A) IS tiXF,NfpT UNDtxR CHAPTIiR 42, STCTION -j607 OF
1'}Ig UNN'ED STAI'ES CODE OR (B) R"SJ-A'ITS 10 TIANDICA} SUT DOIIS NOl'
DF;LTININ\IATE A(;AINST IIANDIC},PIIER^SONS. A.S C(}NTAINED IF{ INSTRIJN'MAIT RE|CORDED
AUG'L'ST 70, 1962, IN BOOK 174 AT PAGS t?9.
1Z RIICIPROCAL F,ASENIIINT AGRIdI,XvtnNT Rtt'rwtltxN VAIL VII,I,AGII I1\N. A COLOR DO
CORPORAUON, JAMM LlD., A COI,ORAI}O LIMN'ED PARTNET{SHIP AND VAIL VII,I,AGE
INN ASSOCfATES, A C0LT)RAD(}(ENERALPARTNER.SEPREE{)RDED.IANUARY 3. 19I*t IN
RooK35r ATP Glt324.
From Land Titl e (S9)Thu 06 May 2004 01:12:49 PM MDT Page 9 of 14
ALTA COMMII'MEN T
ScheduleR-Section2
fkceptions)(hrr Order l{o, V(27nE7.1
'Ihc policy or policics to bc issucd will conloin cxccplions to tbc follcwing unlcss thc sams arc disposcd
of hr the satidaction rf the Company:
13. TERMS, CONDTTTONS ANrr, PR0VTSIONS OF AGRTCT{VmNT RnCORI}nn SF_pTEMRnR 09, 1983
IN BOOK367 AT PAGE 833.
T4. (DNVEYANCD OT'EASEMEN'TS BgT\trEE.N VAIL VILI,{,GE INN, INC., A COLORADO
L{}RPORATION AND F&L VAIL VILLAGE INN PARINER.SHIP. A COLORADO {;ENERAL
P^KTNNRSHIP RI'CORI}IdT} JUTJ IO, 1984 IN BOOK 3S8 AT PAGII861,
DIT{I,AR TION OF PARTTAI, VACATION OF I'ASITMENT II[ CONNFfITON WTITI SAII)
ICASI'MENT RECORDED JULY 25.1985 IN BOOK 420 AT PAGE 741.
15. I'ER}IS, CONDTTIONS AND PROVISIONS OI'DI'CI-ARAI'ION O},'IASEMEN1S ANI} RIGH1S
RECORDED FEBRUARY {I4. 19fI8 IN B(X)K 478 AT PA{M,377,
16. IERI\[S, C{)ND[m)NS ArrD PROVf,SI(}NS OF DELI-ARAII{)N L'ON(ERNIN(} PARKIN(; WTrril}i
SP]]CIAI. DEVff-OP}TFNT I}ETRICT 6 RNCORDND JT'IJ IO. 1984 IN BOOK 388 AT PAGI'
8s6.
17. IiASEMST\1S, COFIDTflONS, COVf,'NAN15, RES1.RISI.ONS, RtsSERVA1.IONS AND NO-IIS ON
TIIE COND0NMiIIUftI IVIAP RECORDED DELB,TBM fi. T992IN B{X)K 5!}6 AT PAT;E 910.
1T. TTI($E PR0V$I(bIS" C0VEI\TANTIi AND C{)NDITI(}NS, EAS]E]IIENTS AND RESTRIL-TI(}NS,
\ryHrcH Anft A RURDDN T0 THn CONDONINTUtr{ UNrr DI6CRIBFJ} IN SCHIDULL A, AS
CON'IANED IN ll'JS1'RUMIiltil' RECORDI:D DIICEMBER 17. 1992. IN BOOK 596 A1'P.{cE
909.
79. TERMI C{)NDInONS AlfD PR{}VffIONS (}F COVm'ANT RECORDBD DELEIIBER 17. 1992 IN
BOOK 596 AT PAGN 9I I.
(TFTll ABOl'tt ITnNfS ArTrrXT t)
20. TriRlvls, CONDrIIONS Al{D pRO\rySrONS OF DTCTiR TTON OF r]ASr,j}vfl1NTS RF,CORDIIr}
DUCIiIItsER 17, 1992 IJ't BIOOK 596 AT PAGH 908 AND AS SHOWN ON ALTWACS$.!
PREPA.RD JULY 26, 1996 BY EA(;LE VALI-ET SURIEYIN(;. INC. .IOB N0. II54-5.
From Land Title (S9)Thu 06 Mav 2004 01: 12: 49 PM ltilDT Page 10 of 14
ALTA COMMIl'NIgN T
ScbeduleR-Section2
fExceptions) (hu ()rder No. V{-2777n.1
fhc policy or policic't to bc issucd will contdn exccptions to lhc following unlcss the same arc disposed
of tr, fte satidactirm rf thr Conrpany:
(TIIE ABOI'E ITST ATIFELTS PAR(EL 1 AND PARLT,L {)
2I, RK;HT (}F WAY FORDITCERS 0R CANALS CONSTRUCTED BY THE AUTTI0RITY 0F TIIE
UNITIiD STATES AS RT4SNR\TED IN UNTITT' STATNS PATTTNT RIICORDT{D JTII,Y 12, 1899,
IN BOOK4S AT PAGE 475.
22- RIGHT Or. PROPRIETOR Ot" A vL'lN OR r-dlllE 10 EX'I'RACT AliD RIi\,IOVE HIS ORE
TIIEREF'RT)M SH(}T,JLD TIIE SAME BE FOUND TO TR\ETRAIE 0R INTERS]ELT 1IIE PRn!TKBS
AS RIqSERVIiD IN UNr T.x) STATTTS PATTiNT RFCORDT'D JUI,Y 12, 1899, IN BOOK 48 AT
PAGB 475.
23, RESTruCTrVE COVtrNAIVr$ WHICL IIO NOI'CONTATN A t'ORr{'L'l'fURE OR R};V}tR1'I{R CLAUSI{
BUT OMTIN(; ANy C()VENANT ()R RRSTRICTI(N BAS'ED ON RA(3, C.OLO& REfJ(;ION,
SI'X, H,'\NDICAR FAI\fII,hI, STATIJS O8 NATIONAI, ORIGIN UNII4SS AND ONIJ TO TTIT'
EXTIINT'[HAT SAID COVENAn*1'(A) IS D{I{l\il'r' UNDER CHAPI};R.t2, SECaTON 3607 Of-
TIIE UNITM .qTATF^S C(}DE (}R (B) REIATNS TO SANDICA-P BUT DT}ES NOT
DSCRII\fl {ATE AGAINST H.^NDrcAP prqRSONS, AS CONTAINIiD IN INSTRIINII'NT RIdCORDED
AUG{IST r0, t962, IN BOOK 174 A'r pAGtr 179.
24. EASEMEF,|:[S, CONDffIONS, COVENAN:IS, R.USTR|CnONS, RESERVATIONS AND Ngr-US ON
TTIE REL'ORDED PLAT ()F VAIL VILIS,T;E }IRST FILING.
25. RECtrR(TAL EASMTENT A(;REMIMIT BETWEEI'{ VAIL VILLA(;E INN, A C(}LORA,D(}
coRPoRATroN, Jk\]\,fM LTD., A COT.ORADO LIMTTID PARTNF,RSHTP, AND VAn, V-ILIiG[t
INN ASSOCIATT$, A COLOR{DO GiN}iRAL PAR1NERSHIP REC'ORI}HD JANUARY 3, 1983 IN
B(X}K 351 ATPA(;E 324.
26. UTILITY EA.SEIIIENTAS GRA.NTD TO SOLY CR($.S EI,EL-TRIC ASSOCL{fi0N, fNC. IN
INSTRIIITINT RIICORDTil }INUARY 21. 1983 IN BOOK 352 AT PAGT' 396.
27. TllRIvtS, CONDrIIONS AND PROVTSIONS OF AGRIcFJT{F.NT RIICORDnD SEPTn]VIHIR 09, lt83
IN BOOK 367 AT PAGE 833.
28. trNCROACHI.IDN1'O],'ItASEl\.tEN1'AREA OI" VILLAGE INN PI,.\ZA ANt] VILL{GE INN PtAl4A
PHASES I AND tr {)NTt) trLB.lECT PROPERTY AS SHOIVN ON ILIPROV$IET.{T LOCATION
CF.RTTI,'ICATII BY MGI,N VAI,I,NT SURYET'NG, INC., JOB NO. 854,5 DATNT) JUIJ 26
From Land Title (S9)Thu 06 May 2004 01:12:49 PM MDT Page 11 of 14
ALTA COl|MII'}TEN f
ScheduleR. Section 2
{&ceptions)()ur Onler No, V(377747.1
'fhc policy or policics 1o bc issucd will conlain cxccplions to lhc following unlc*s thc samc are disposcd
of l.rr thc satidaction r ' the Cornpany:
1996.
29. ENCROACHI\,1DN'f A.IiD ROO[' OVERIJANG OI.' VILLA.GE INN PLAZA PHAST]S I AND X ONTO
SUBIELTPROPERIY AS SHOWN ()N II\.TPR{)1'FI\,1ENTL()CATION CERTIFICATEBY EA(;LE
VAtr,tfr SURVDT-rNG n\ic., .PR NO. 85+5, I)^flil) JUIJ 26,7995.
NOTI': &ISEMTCNTAGRT{F,]!ffNTIN CONNFCTTON WTTH SAID ]INCROACHI\fiiFITlilAs RI'CORI}I{D
JULY 10, 1984 tN BOOK388 ATPAGE 861.
30. CONVEYANCX Or,'SASEMEN1S lUr-lWEllN VAIL vIu,AGFl INN, INC., A COLOILA.DO
L'{}RFORATI0N AND F&L VAIL V[I,A{;E INN PARTNER.IiHIP, A C0L{}RA.D() (,T,NERAL
PARTNNRSHIP RI}CORDIID JUIJ 10, 1984 IN{ BOOK 388 AT PAGIi 85I.
DF,CI,ARATION OF PARTIAI, VACATTON OF I'AflTMI'I$T IN CONNF{TION WTITI SAIT'
IiASEMIiNT RECORD}-]D JULY 25, 1985 IN BOOK 4A) AI'PAGF) 741.
31. IURMS, CONDnONS AND PROVISIONS O[- ENCROACH$rf,,NT AND Vrr]W AGRS!]lvftlttT
REC(}RDED Df,CEIIIBER 2?. I9tt9 IN B(X)K520 AT PA(;E 167.
32. TERM;, CONDITI{)NS AND PROVLSI(}NS ()F EAIiEIIE IT A(;RffNIEI.TT RECoRDtrD APRIL 1{,
1992 IN BOOK 577 AT PAGE 528,
33. TIiJRtr4S, CONI}ITIONS ANT} PROVISIONS OF RESTRISITV"II COI'TNANTS RI]CORDIID APRII-
23, 7992 rN BOOK 578 A1' PAGFI 368 AND RFjRBCORDED ApRrL 30, 1992 tN BOOK 578
AT PAGE 996.
34. TERMI C('NDnIONS AND pROvr{irONS OFDEm OFE4.SEMB.{TRE'|C(}RDED }rAy ltt, 19.14
IN ROOK 6{0 AT PAGlI62I.
(TTilI ABOVI' ITENTS ATIFFCT PARCFJ,4}
35, I4XISTING I.I4ASI]S ANT} TIINANCMS.
36. DI1TD OF TTUST DAT[, T{IBRUARY 25, 2(fr4 FROM DAYNIF,R CORPORATION N.V., A
From Land Title (S9)Thu 06 May 2004 01;12:49 PM MDT Page 12 of 14
r. I
ALTA COMUtTeIEN-r
Schednle R - Section 2
{Erceptions)(hrr Order lirx V(2777117.1
'fhc poliey or policics to lrc issued will contcin cxccptions to thc followirg unlcss thc samc are disposcd
of h tfie salidactiun rrl the Cornpany:
Nb-IHD,RI,ANDS ANTILL}S CORPORATTON 1'O'ftTE PUBLIC'T'RUS1'I]E OI'Id{GLB COUN1Y }'OR
TIIE U.SE (X'WESTSTARBANK fi) SECURE TgE STJ1VI 0F' $3,IX}O,UIO.IIO, AND ANY {}TIIER
AMOUNTS PAYABI,II UNIDICR TTI|I T'IIRIIIS THI'R&UT. HT4ORDFTD ]\'ARCH T5. 2004. UNDI1R
R!ru:P'r'roN NO.87069&
From Land Title (S9)Thu 06 May 2004 01:12:49 PM MDT Page 13 of 14
LAN D TIl'LE' G UARAN l'B14 C OMPAN Y
DISCLOSIT-RE STATEMENTS
Nrtte: Ilrsuard ttl CT,S 10-11-122, nrdee is heetry giyen ftat:
A) The subjtxl rcal Foperty may be located in a special taxirg disFict
It) A Ccdifrcal,c of Taxci Duc lisling cach laxirg jurisdiclion rnay bc obtaincd fmm lhc Counry
Tfsnrur:r' s anllxrrized agenl
C; Tle irtrorrution ngardir€ special districts and tlre bouDdariee of such dstricts nay be olrtained fmm
thc Boild ol Counly Cbmmlssioncn, trc Coudy Clcd< ard Rcrordcr, or thc County Asscssor.
Note: ltrffective September 1, 19t7. CR.S 31F10-405 ilquirrs that all docun€nts rcceived for recordirg or filirg
in lbc clc*. ad rccordcr's officc shalt coniain a lop rorgin of at lcasi on iah aod a lcft right ard botlom
nurgin uf at leart one half of an irrh. The cbrk arrl recorder rray rcfrre tl rtcord cr iile my drrcrurrcrd thxt
does not confonn, except tha! dre requiremefi for the top margin shatt ml apply to docmE|ta using fotms
oo which spacc is providcd for rccordfu€ or frli4 ioformofoo al thc lop Eargin oI llre docun*r*
Note; Colorado Division of Imurance Regutalions 3-5-1., Par4raph C of Articb Vn rcquircs tlnl 'ltvery
Ellc cnlity slntl bc rtspnsiblc for sll ruttcrt which appcar of rccord prior 10 0n tirrc of rccordi-ng
x'henever dn tille entis crrn&rc$ t}e closing ard is respmible lirr ntnrdirry or l'rlit€ ot legbl
docurrnts resultirg fiom llre t:nsaction which was ctosed'!. hovided dnt land fitle Guaraniee
Oompanl' conducls t}c closiqg of lhc iruurcd lransaclion t'{r is rtspoosiblc for rccording thc
legal drrununh lhm tbe bansaclior4 cxceplion mnrtrr 5 nill nrt appear on tbe {)wner's fide
Policy ard the l-enden Policy when issued,
Notu Alfinrralivr nrechanic's lirn puteclion lirr iln Owner may be availaHe (tyFc$ily try deletion
of lkcegion m. 4 of Schedrle R, Section 2 of the Comrnitnent from the Ownet's Policy |o bc
issmdl upon comdianec wilh llrc followirg condilions:
A) The lard describd in Scbedile A of this conmritsncr* nmst be a si4le frrnily rcsiden:e w}ich
inchdes a condominiurn or townhouse uniL
B) No lnbor or r|'icriats havc bccn furrishcd by nrcchanics or firlcrial-nmn for purToscs of
conshoctftrn on lhe lwd de.rcribed in Schedrle A of ftis Commihnt within lhe pa.st 6 nttnth;.
Q The Company must rcceive an apprrpriate alfidavit initemifyirg dre Company againsl un-liled
nrrchanic's and rmlcriai-mcn's licrrs.
D) Tlre Limpmy rrxxt receiye papn€nt of lhe applrpriate peminnr.
Ii] If there has been corrstlctioq improvercrls or major repain urdertalen on tr prperty iD be Frchased
*ilhin six nonlh prior lo thc Dotc of lhc Corrmitmcng lhc rtquircarcnls 10 oUain covcra*c
for uuecorded liem will irrhde: disclmrw of certain cru;trrlction informalio$ linancial idorrnalion
as tro the seller, {he buikbr and or dre confactrE pcyment of flrc appropriale premium fully
cxrcuM bdcmnily Agrrcrrnls s&dsfaclory lo thc company, an4 any addiuonal rcquircmcnls
:ri mlry be )os\ary al'ter an rxmrination rf tlrc afilnxaid irforrnrlion b1' lhe Otmpan'',
No covcragc will bc givcn urrlcr any circuns{arccs for lobor or malcrial for which thc inurcd
hai codncted l'rrr or qreed trr pay.
Noh- Pursuad lo CRS f 0-11-123, nol.icc ir hcrtiry givcn:
Thir n[ice apflies t] owDeds grlicy conunifuienG; containing a mircral severance inshrurrd
extepioq or excepliom, in Scledule R, Section 2.
A) ftet tbcle is rccodcd evidcnce llut e mineral csbtc has bccn scvcr4 leagc4 or olhcftyi$c
conveytd l'nrm tle s''udace estate ad that thert is a suhohntial lilelilxxrd lhat a tbfud party
holds som€ orall inbrsst in oil. gsr other minerals, or g€othenrd erreqy in the pmpert-v; ard
ts) lbal swh mincral cstatc muy ircIudc lhc dght !o mlcr and usc lftc propcrty wilhouL llrc
srtrfale owrrr' $ peunission
Nolhirg hcrcin corlairld *,il| bc dccmcd tro obligah tbc conparry to pmvidc any o[ llrc covcmgcs
rcferrtd to l*rcin rudcss the ahlve cordiliom gre I'rrllv satidied.
torm DlsqlgsultE O9,/07102
From Land Title (S9)Thu 06 May 2004 01:12:49 PM MDT Page 14 of 14o
.IOINT N0TICE ()F PRIVACY POLICY
Fiddity Nrtioml Ftnnncinl ()ronp <rf Cornpaniu9Chieago Tlllc Instuancr: Company and
Land 'fitlc Guaranlcc Company
.lulv 1' 20111
Wc rrcocnizc ard rtsmct llrc u-iracy cxmglatioru of lodav's corsurncn snd tbc $quircmcnls of apdicablc fcdcrol ad
:+t t' orivrcv luws. Wi. ns$cvc Uat durtifu: vou ar+an' of dow wr Bsc rour rxm-nrl ic pcrsonrl idirrrurtion ("I'csrtnal
lnforfueliorlL, "'vl lo whom it is discloscd'rvill fonn thc basis for a rc1sli6'xhid of lnit bclwccn us and tbc pruic
th$] wc scfti. lltis ltivlry Shbmrnr pn)iidrs lhrl cxplan$tinn Wr n:scrvc thc rigtri t0 chungc this ltivucy
Stat4rncnt fmm liII* b timc coGisknl-vilh Bpdimblc-privac-v laws.
ln lhc coursc of our busiacss, wc may collccl Personal ln-lormalioo about you from lhc following 6ourccs:
l'rorn aodicatioc; or olhcr fonrn wc rtcciyc lrom vou or vour oulhorizcd rtlxc*cnolivc;
Inrm yiir tramactirrm wilh. orfnm lh scniccs irciq; pirrfrrrru,'d hy. us, rir lffiliatrs, or olhcn;
.F'ruIn or.f,. intclmt wcb sitcs:
!'nrrn tbr. puhlic rtr{|rdr nainEdncd by govomtrrnu|l untiticx tfiirt wc cilhcr oHain dinictly fn}{ryl tb(lsc
cnlitics. oi fmm mr alfrliatcs or othcisl urd* !'nrm corriurrcr or otlcr rtplrting rge.nciui.
Our Policicn Regarding tbe Prolection of the Confidentialily and Security of Your Personal Infmmation
Wc nainlain nhvsicul. clcctrrnic ltrd DnKcdund safeuu:rd; &r Dn)t:ct your lDcniourl hformg$lm fnrm uruuthuiztd
mccss or inkisioo Wc limit acccss ti Urc gcrsoml lifomnlioir ody 6 lhosc cmplo-rccs who nccd such acccss in
crmmction willr providry Flduc[r or scrricc's !o you or f(]r otbcr lcgitimatc lxxitrcss puryxxrs.
Our Polir:iec and Praclice*; Regarding t}e Sharing of Your Personal Information
Wo rfidv sibani your lt'nionol Mornralion wilb our rffiIialcs, such u; insln:ur:r: corngrnict, agonhr urd ttlhtr rtal
<surc s"cUlcsrrit scn'icc pmvidcrs, Wc also rnly discJosc y<iur Pcrsonal lnfonnaliori:
* t0 agcDls, brokf,ft or rcpfficnlalivcs !o prrvidc you wilh ccnictt you bavc (qucslcd;* t<r tirird-pqriy cortactn* or-scnict pmi'iOcrs wbtr pnrvidc scwicrii ur prrf'rrrni marfir:lir4 or othcr
functiori ori our bcharlf: ard* kr r*hers with whrrn wc cnlcr inlo |rint uarlcling 4rtcnrcnts frrr pn)dlrch^ rlr scrvicct lhrt r#c h(-'[('Yc you
nny find of inlcrcsl
ln additioq wc will disdosc your Pc$onal Idormalion whcn vou dirccl or grvc rr prcrnrissior, wbcn wc art rcquired
bv llw kt do s{}. {}r whcD w0'seiDccl fntduloDt or criminat n:iivitir:s. }vt rrl"so nuldsdost vtrur I'cn;trnal
Iiformslion whbn olhcnryisc ocnfuiftd br apolicablc privmv laws strh as, lor cxa;ndc, rr hcir disclosurc is mcdcd
t> cnlorcc ow righls rrisi4 irut of an1 agrfiirx,d, tirn*rtion or rt'lationship rrith yiru
Onc of ltrc iuDortut nsp.rnsitrilitius of son of uur affiliatcd cornpmics is lo ncurd d(run'nN in tht' ptl ic
domain Such docuncnti na.v conlaia your Pcrsonal lnformalion -
Right !o Acccss Your Pcrsonal Information und Abilily to Corrcct Errors Or Rcqucsl Changcs Or Dclction
Ccrtaio slatcs afford .you th right to rcccss your Pcnooal Informa6on ard, urdcr ccrhin circumsaarrca, 10 frd o t
to wl )m vour l'a.noial hfirnruition bri Dc'ci discftrs(d, A[,io. ccrtain statL{r rfTtrrd rou iht' dghl tr rt$xst
corrcctio{ anrndmnl or dcletion of your Pcruooal Infonnation Wc rcscrvc ttrc .i-gtrt, whcrt pcrmiUid br law, 1o
cbugc a ntw[u]lc frc tl c{rv.T tl$ c(,sts incurrtd in n'iF}ndiry trr such rcquctJh.
A[ rc$rsls sulxrithd to thr ]idclity Nafional linnaiol Gmup of Compunics/Chicago litlc lrcurarrr Companl
shall ht in writirg, ard dclivrn d to thc firllowirry uddrcsx
Privacv Comdiame Offlcer
f.id(.lilv llaudml liirrnncial. lrtc.
4050 Ctlh Red, Suit€ 22O
Sarla ltarbara. CA 93 10
lllultiple Producls or Serviccs
lf wc prvidc you wilh morc lhan onc linurciat Erdrrct orscruiccr you may rtccivc rnorc thatr onc privucv ooticc
fn)m E; Wc apllogiz* filr arry irronvr:nirrr:r' lhis mry crur(. TorL
+:1.rt+**:f,F*****************xr*****rr****t,F****r<***{<i<x***trkt<r.**r!x!rt{.*t!,trir.**x.*,t**************<**.!F{.tx<
TOWN OF VAIL, COLORADO Statemsnt
********x******x*********************,t*+**,1.*++*,1.,1.******************** ***** *******r<*********1.
Statement Number: R040005795 Amount: $t-,000.00 05/L0/200403:20 PM
Pa)ment Method: Check Init : iIS
Notation: #2123IDAYMER
CORP
Permit No: P8C040025 Type: PEC -Minor SDD Amendment
Parce1 No: 2101082 03 0 03
Site Address: ]-OO E MEADOW DR VAII,
I,OCAIION: ]-OO E MEADOW DRIVE
Total Fees: $ 1-, 000.00
This Palment: $1,000.00 Total Ar,L Pmtss: $l-,000.00
Balance: 50.00
*:***********************************t ** * * * * * * * * 't:* * * * * * ** * * *1** * f**** * r. * * r. * {< 1< r. * *:1. * * * * * * * * * * * * 1.
ACCOUNT ITEM LIST:
Account Code Descriotion Current Pmls
PV OO1OOOO31125OO PEC APPL]CATION FTTS 1 ,000.00
THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission bf the Town of
Vail will hold a public hearing in accordance with Section 12-3-6, Vail Town Code, on June 14,
20Q4, at 2:00 PM in the Town of Vail Municipal Building, in consideration of:
A request for final review of a variance from Chapter 14-4, Residential Fire Department
Access Standards, Vail Town Code, to allow a structure not physically meeting the required
access standards to not be sprinklered, located at2735 Snowberry Drive/Lot 12,
Block 9, Vail lntermountain and setting forth details in regard thereto.
Applicant: Dantas Builders, Inc., represented by Mauriello Planning Group, LLCPlanner: George Ruther
A request for final review of a major amendment to a special development district (SDD)
pursuant to Section 12-94-10, Amendment Procedures, Vail Town Code, to allow for a major
amendment to Special Development District No. 21, Vail Plaza Hotel East, located at 100
East Meadow /Lot M, N, O, Block 5D, Vail Village Filing 1, and setting forth details in regard
thereto.
Applicant: Daymer Corporation, represented by Zehren and Associates, Inc.
Planner: George Ruther
A final review of a conditional use permit pursuant to Chapter 1 2-16, Conditional Use Permits,
Vail Town Code, to allow for a Type lll Employee Housing Unit (EHU), located at 4315 Spruce
Way/Lot 6, Block 3, Bighorn Subdivision, and setting forth details in regard thereto.
Applicant: Steve Fischer, represented by John G. Martin, Architect, LLC
Planner: Clare Sloan
A final review of a variance from Section 12-6H-6. Setbacks. Vail Town Code to allow for a
residential addition within the setbacks, located at 483 Gore Creek Drive, Unit 58 (Texas
Townhomes)/Lot 5, Vail Village Filing 4, and setting forth details in regard thereto.
Applicant: Hawkwood, lnc., represented by Gwathmey, Pratt, Schultz Architects
Planner: WarrenCampbell
A final review of a conditional use permit pursuant to Section 12-7H4B, Permitted And
Conditional Uses; Second Floor And Above, Vail Town Code, to allow for a temporary
business office within the Vail Marriott Mountain Resort on the second floor, located at 715
West Llonshead Circle/Lots 4 & 7, Block 1, Vail Lionshead Filing 3 and Lots C & D, Morcus
Subdivision, and setting forth details in regard thereto.
Applicant Vail Corp., represented by Mauriello Planning Group, LLC
Planner: WarrenCampbell
The applications and information about the proposals are available for public inspection during
regular office hours at the Town of Vail Community Development Department, 75 South 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 28, 2004, in the Vail Daily.
Jim Lamont
Vail VillageHOA
P.O. Box 73
Redclifi CO 81649
/Qrt c
Moellentine Land Co. LLC.
461 Fifth Ave.
New Yorlq NIY 10017
Jeff Moellentine, President
Alpine Standard
28 S. Frontage Road West
Vail, CO 81657
f"Jfu#*) A""4 Qa^rc'-' g"'-Tlg
AJ. Properties
C7O Dtyer, Edmonds & Associates
355 Grand Avenue # 4150
Los Angeles, CA 90071
Jay Huffard
I Maher Avenue
Greenwicb" CT 06830-5617
DHL Real Estate
Ted L€ach
P.O. Box 2809
Edwards, CO 811632
Panl & Bonnie Zoeger
AmericanDesigq LTD
70 S. Potomac
Auror4 CO 80012
AndrewPinland
Slifer Ivfanagement Co.
Suire 360
143 E. MeadowDr.
Vail, CO 81657
Kinney Johnson
1100 Homsilver Circle
Vaq CO 81657
Red Sands Corp (A Rojas)
Phase I&tr, Unit 330
100 E. Meadow Dr.
Vail, CO 81657
LucMeyer
Nico Vait Inc.
P.O. Box 176
Vail, CO 81658
Sally llanlon
Unh#4
385 Gore Creek Drive
VaL CO 81657
Cowperthwaite & Co
Vail Vrllage Inn Associates
P.O. Box 61349
Denver- CO 80206
Jlm Gustafson
220 Bridge Street
Vail, CO 81657
Patricia & Gerardo Scbroder
725 S.Bucr- St. APt. 603
Los Angeles, CA 90017
Jefery and Kayllanes
6420 We,nonga Terrace
Shawnee b&ssion KS 66208
Claggett-Rey Gallery
BinRqy
Unit l0
100 East Meadow Drive
Vail. CO 81657
' Eagle, CO 81631-1557
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
IvI/N{David Bruckmann' C/O Jarnes Newman
Helmsing & Leach
P.O.Box2767
Mobile. N-36652
lvl/lvf John Moores
P.O. Box 728
DelMar. CA92014
N{/M Claus Fricke
P.O. Box 1557
Javier Canales
P.O.Box7717
Avon. CO 81620
N{/M John Gabriel
P.O. Box 268
Paramus, NJ 07653
M/MHubert Wagner
I 405 BontonaAvenue
Ft. Lauderdale, FL 33301
Mr. Josef Staufer Town of Vail
Staufer commercial c/o Finance Dept ililTtiftTt|o,:.,100 East Meadow Drivg #31 75 S. Frontage Road West
Vail, Co 81657 Vail. Co 81657 lrowners urove' rL ourrr
PUI-''. f lo C6d-/,1"^/h 4*"^'-'
Mrs. Luis Romero
Priv. San Isadro 44
Col. Reforrna Social, del Mguel
1i650ME)ilCO, D.F.
MAd Cary Cordes
2'B' Trentino Road
Turramurra" NSW 2074
Australia
Judy Alexaader
Phase III, Unit 109
100 East Meadow Drive
Vail, CO 81657
M/Ir4MarvinFrank
2430 North Orchard
Chicago, f- 60614
Charles M. Ilarmo4 Jr.
Traditions L.P.
11380 Long Meadow Drive
'West Palm Be ach" W 33 4 1 4
M/]vI German Larrea
Baj4 California 200
60 Piso, 06760
ME)ilCO, D.F.
M/M Pedro Ramirez
Q-3 Petunia Street
Parque Santa Maria
San Juan, Puerto Rico 00927
Lisa Jane Scheller
751 Benner Rd.
AllentowrL PA 18104
M7IVI Tomas Zaragoza
5813 Diamond Point Cr.
ElPaso, TX79912
fl&* -/rp
Ir{lM Guseppe Cecchi
i209 Aldebaran Drive
Mcl-earl VA2210l
Aa+ /ne4?4d &,
- MA4Alfredo Chudraui
Priv de Antonio Chedraui S/l'[
Col Encinal 91180 Xaiapa
Veracruz, ME)ilCO
Lublan S.A. (Antooio del Valle)
CIO Banco de Internacional SA
437 Madison Avenue, l7t'Fl.
New York. NY 10022
lvf/lvl Michael Glinsky
3200 Cherry Creek South Drive
Suite 230
Denver, CO 80209
MiIvI William Johnson
375 IncaParkway
Boulder, CO 80303
MA{KirkLighthafl
5293 West Oberlin Drive
Denver, CO 80235
Geroca S.C. (Rojas,C)
C/O Peak Properties
1000 Lions Ridge Loop, Ste. 34'
Va[ CO 81657
MiI\{ Sylvan Tobin
101 Cheswold Lane
Unit 5-D
Haverford, PA 19041
Mr. Josef Staufer
Staufer Commercial
100 East Meadow Drive #31
Vail, CO 81657
WI IO4 LLC
100 East Meadow Dr.
Phase III, Unit 104,
Vail CO 81657
Enchanted Mesa Exempt Corp.
(Franco)
C/O Fred Otto
P.O. Box 3149
Vail CO 81657
Mr. DeaneHa[ Jr.
2000 East 12ft Avenue, Box 4
Denver, CO 80206
M[vI Robert Jones
268 Litchford Court
St. Louis, MO 63141
M/tr4 Kenneth Nordling
Mr. Edward Beadle
ClO 4603 Annaway Drive
Edina" MN 55436
Maefa S.A. de C.V.
Cerrada del Castillo No. 5
Huixquilucan
ME)ilCO
M/IVI Joseph Weinstein
78 Joyce Street
Plainview, NY 11803
Mr. WaldirPrado
Daymer Corporation
12 Vail Rd. Ste. 200
Vail, CO 81657
SugarNotch LP
Box479
2 Presfley Road
Bridgwille, PA 15017
Charles R. Lipcon
One Biscayne Tower
Suite 2480
Miami, FL 33131
Greenauer Design
P.O. Box 5963
Vail, CO 81657
Timberline Cornm Holdings
lzVulRoad, Ste.600
Vail, CO 81657
Central Rockies Specialists, LI.C
12Vail,Road, Ste.300
Vail, CO 81657
White River Acquisition Corp.
C/O Manual Martinez
905 Brickell Bay Dr. Ste. 230
I&ami BeachFL.3313l
John Breyo
18 Summerfield Lane
Saratoga Springs, NY 12866
Peter Knobel Vail, PBK LLC
392 M'Il Creek Circle
Vail. CO 81557
Patricia Pceples &.Anthony
Vangalis
12 Vail Road, Ste. 400
VaiL CO 81657
Vail Gateway, LLC
1,zYatlRoad, Ste.600
Vail. CO 81657
]G-'l*,? 6t4 ' ry^J4-u
David and Cynthia Sebold
7470 Tulip Court
Chanhasseq MN 55317
Palmos Development
2725lis Avenue
Boulder. CO 80304
Crreenauer Design
P.O. Box 2879
Avon, CO 81620
H,Sts Investment Partners. LLC
12 Vail Road Ste. 500
Vail, CO 8165?
KellyLikeq LLC
1351 Freeport Road
Pittsburgh, PA 15238
q /a,/ d; /J"hA? &'r--
Dean GosperFamily Trust
106 St. Georges Rd.
Toorak, Vtc/Lo'ia3l4?
AUSTRALIA
OynickFamily
8994 Wildlife l,oop
sarasot4 w34238-400A
VailFiveKLTD
303 Stratford Lane
Laredo, TX 78041
Red Avalanche LLC
C/O Vail Realty
302 Hanson Ranch Rd.
Vail, CO 81657
Vail Associates LTD
6711 Monroe St. btAg. 4 Ste. A
Svlvania^ OH43560
:
Allison F. Butts
4523 Dorset Ave.
Cherry Chase, MD 20815
Ruben Catan
Vinterra Exempt Corp.
c/o Elecom Supply Co.
3646 MdwayDr.
San Diego, CL 92110-5201
M.K.M. LLC
Paul Mourani
6091 Happy Canyon Dr.
Englewood CO 80111
ThomasP. Walsh
c/o Dakota King Inc.
3900 w. 53'o St.
Sioux Falls, SD 57 106-4223
VPP NO. 15 Corporation
C/O Daniel Aboumad
Bosque de Amates
148 Bosque de Las Lomas
ME)fiCO DF 77056
9 Vail Road
C/O Martin Brotzman
11508 E. Wesley Ave.
Auror4 CO 80014
Douglas & JoannaPolzin
7304 Inverway Dr.
Village oflakewood, IL
60014-6614
Richard & Gwendolyn Scalpello
P.O. Box 160
Vail, CO 81658
Pat Parrish
8642 GregoryWay
Los Angeles, CA 90035
Ptarmigan Management
Tom Saalfeld
62E. MeadowDr.
Vail. CO 81657
Stwen and Susan N4arton
12858 Lamar Ave.
Overland Parlq KS 66209
Jacqueline R Knepshield
'6201 Elmwood Rd.
Chevy Chase, MD 20815
Jan & Gary Scheimer
23,10 Oak Hills Dr.
Colorado Springs, CO 80919
Frontier Mjusters Inc.
7100 E. Pleasant Valley Rd.
Ste.260
Independence, ObI" 44131
An&es Banos
C/O Vail Realty
302 Hanson Ranch Rd.
Vail, CO 81657
Scott Bradshaw
4 13 0 La Jolla Village Dr.
PMB # 107-125
LaJolla, C4922037
Iun & Dorothy McKnight
203 Country Club Dr.
Sterling, CO 80751
Weiner, Paul Revocable Trust
c./o Rhoda Kaplan
20345. Moline Way
Auror4 CO 80014
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Community Development Department
June 28. 2004
A request for final review of a major amendment to a special development district
(SDD) pursuant to Section 12-9A-1 0, Amendment Procedures, Vail Town Code,
to allow for a major amendment to Special Development District No. 6, Vail Plaza
Hotel East, located at 100 East Meadow /Lot M, N, O, Block 5D, Vail Village Filing
1, and setting forth details in regard thereto.
Applicant: Daymer Corporation, represented by Zehren and Associates, Inc.Planner: George Ruther
il.
SUMMARY
The applicant, Waldir Prado, d.b.a. Daymer Corporation, represented by Zehren and
Associates, Inc., is requesting a final review of a major amendment to a special
development district (SDD), pursuant to Section 12-94-1 0, Amendment Procedures, Vail
Town Code, to allow for a major amendment to Special Development District No. 6, Vail
Plaza Hotel East. The major amendment is intended to facilitate the redevelopment of
Phase lV of the existing Vail Village lnn and allow for the construction of the Vail Plaza
Hotel. The current proposal amends only Phase lV of the Vail Village lnn Plaza. No
amendments are proposed to Phases l-lll or V of the Vail Village Inn. Staff believes that
the proposal is in general compliance with the nine design criteria, as identified in
Section Vl of this memorandum.
DESCRIPTION OF THE REQUEST
The applicant, Daymer Corporation, represented by Zehren and Associates, Inc., has
submitted a development review application to the Town of Vail Community
Development. The application is a request for a final review and recommendation of a
proposed a major amendment, pursuant to Chapter 9 of the Town of Vail Zoning
Regulation, to Special Development District No. 6, Vail Village Inn. The purpose of the
major amendment is to amend the approved development plan for the site that was
approved by the Vail Town Council on September 4,2001, pursuant to Ordinance No.
21, Series of 2001, allowing for the construction of the Vail Plaza Hotel in Phase lV of the
District. Ordinance No. 21, Series of 2001, prescribes the development standards and
adopted an approved development plan for the site, as required by Section 12-9A-6,
Development Plan, Vail Town Code. According to the applicant's proposal, the
development standards and approved development plan remain largely unchanged with
this major amendment application. With the exception of minor revisions and
refinements to the architecture of the building, the overall bulk, mass, height, scale,
character and layout of the hotel above grade are unchanged. The more significant
changes to the proposal are the reduction in the total number of parking spaces that will
be provided and the realignment of the proposed vehicular access points to the hotel off
of Vail Road and the South Frontage Road.
The approximate total gross square footage of the new hotel is 319,237 square
feet. The following is an approximate square footage breakdown of the various
uses within the hotel;
* 62,601 sq. ft. - fractional fee club units+ 5,150 sq. fL - condominium+ 36,173 sq. ft.- accommodation units* 6,733 sq. ft - employee housing units{. 5,965 sq. fL - restauranUretail+ 7,227 sq. ft - kitchen+ 12,821 sq. ft. - conference/meeting rooms+ 4,559 sq. ft. - spa/health club
.1. 178,008 sq. ft.- common area (mechanical, maid closets, stairs/hallways,
parking, office, lobby, etc.)
319,237 sq. ft. gross building square footage
The applicant has identified what are believed to be public benefits which will be realized
by the Town as a result of the Vail Plaza Hotel redevelopment. The public benefits
associated with the hotel proposal are:
r An increase in the annual occupancy rate through the redevelopment of an older,
existing hotel.. The creation of approximately 12,821 square feet of new conference and meeting
room facilities.. The implementation of the recommended Town of Vail Streetscape Master Plan
improvements along Vail Road, the South Frontage Road and a portion of East
Meadow Drive.. The re-investment and redevelopment of resort property in the Town of Vail.. The implementation of the development goals, objectives and policies adopted by the
Town for the Vail Village lnn property.. A significant increase in the Town's supply of short-term, overnight accommodation
to serve our guests and visitors.. The construction of a world-class "anchor'' hotel providing a highJevel of guest
services and amenities.. A potentially sizeable annual contribution to the Town's declining sales tax revenue.
A vicinity map illustrating the location of the proposed SDD amendment has been
attached for reference (attachment A).
A summary of the proposed amendments to the plans is outlined in a letter from Tim
Losa, Zehren and Associates, Inc., dated May 6, 2004 (attachment B).
ilt.
A complete set of reduced plans has been attached for reference (attachment C).
For comparative purposes, the Community Development Department has also completed
an analysis comparing the 2004 proposal and the 2001approval. The purpose ofthe
analysis is to provide a direct comparison of the 2004 proposal and the 2001approval.
A copy of the Vail Plaza Hotel Proposal Comparison has been attached for reference
(attachment D).
BACKGROUND
The following is a brief summary of the amendments to Special Development District No.
6 since the original adoption:
. In 1976, the Vail Town Council passed Ordinance No.7, Series 1976, establishing
Special Development Districts No. 6, Vail Village Inn, to ensure the unified and
coordinated development of a critical site to the Town of Vail, as a whole, and in a
manner suitable for the area in which it is situated.
. In 1985, the Vail Town Council passed Ordinance No. 1 , Serles 1 985, providing
certain amendments to the approved development plan for Special Development
District No. 6. The amendments included a requirement for a minimum of 175
accommodation units and72,4O0 square feet of GRFA devoted entirely to
accommodation units in Phase lV.
. In 1987, the Vail Town Council passed Ordinance No.14, Series 1987, which
amended and modified Section 8 relating to the allowed density of the development
plan for Special Development District No. 6. This amendment broke Phase lV into
two distinct phases, Phase lV and Phase V. This amendment established the
maximum allowable GRFA for the entire District at approximately 120,000 square
feet. Furthermore, the amendment reduced the minimum accommodation unit
requirement to 148 units and 67,367 square feet of GRFA.
. In 1989, the Vail Town Council passed Ordinance No. 24, Series of 1989, amending
the density controls of the District. This amendment increased the allowable GRFA
to 124,527 square feet and allowed Unit #30 to be created in a commercial space.
The amendment maintained the previous approval requiring a minimum 148
accommodation units and 67,367 square feet of GRFA devoted to units in Phases lV
and V.
r In 1991, the Vail Town Council passed Ordinance No.9, Series 1991, providing for
certain amendments to the approved development plan for Special Development
District No. 6, which relates specifically to Phase lV.
r 'ln 1992, the Vail Town Council passed Ordinance No. 2, Series 1992, allowing for
modifications and amendments to various sections of Special Development District
No. 6 which related directly to Phase lV, and which made certain changes to the
approved development plan for Special Development District No. 6 as they relate to
Phase lV.
In 2000, the Vail Town Council passed Ordinance No. 1, an ordinance adopting an
approved development plan for Special Development District No. 6, Vail Village Inn,
Phase lV, to allow the construction of the Vail Plaza Hotel. The hotel is a mixed-use
development including residential, commercial and recreational uses. According to
the approved development plan, the applicant is allowed to construct 99 new
accommodation units (hotel rooms) ranging in size from approximately 350 sq. ft. to
370 sq. ft. per unit, 50 parttime fractional fee club units, 18 employee housing units
(38 beds) and 1 free-market condominium. The fractional fee club units are
considered part-time units, since during the summer months the hotel will retain
ownership of the units to rent as shortterm accommodation units, and then during
the winter months (approximately 24 weeks per year) the units will be sold as
fractional fee club units. The Vail Plaza Hotel also includes two restaurants, 4,047
square feet of accessory retail located within the hotel and along the plaza, a 15,338
square foot conference facility, a 24,799 square foot full-service spa and health club
facility and approximately 249 new underground parking spaces.
Again, in 2000, the Vail Town Council passed Ordinance No. 4, Series of 2000, an
ordinance repealing Ordinance No. 1, Series of 2000, and enacting Ordinance No. 4,
Series of 2000, adopting a revised approved development plan for Special
Development District No. 6, Vail Village Inn, Phase lV, to allow the construction of the
Vail Plaza Hotel. The purpose of Ordinance No. 4 was to allow for one foot of
additional building height to permit the construction of housing for 38 employees on
the site.
In 2001, the Vail Town Council passed Ordinance No. 21, Series of 2001, an
ordinance adopting a revised approved development plan for Special Development
District No. 6, Vail Village lnn, Phase lV, to allow for the construction of the Vail Plaza
Hotel. Daymer Corporation submitted a 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. The adoption of Ordinance No. 21
resolved the alleged erors in public notification. Ordinance No. 21 and Ordinance
No. 4 were virtually identical in terms of the entitlements granted by each.
In 2003, the Vail Town Council passed Ordinance No. 7, Series of 2003, an
ordinance amending Ordinance No. 21, Series of 2001, Section 6, approval
expiration: time limitations, Special Development District No. 6, Vail Village Inn, to
allow for a three-year time limitation on the expiration of the approval of Ordinance
No. 21, Series of 2001. In passing Ordinance No. 7, Series of 2003, the Vail Town
Council extended the expiration date of the approved development plan for the Vail
Plaza Hotelto September 4,2004.
Pursuant to the entitlements granted by Ordinance No. 21, Series of 2001, the
existing hotel and restaurant are proposed to be demolished to allow for the new
construction of the Vail Plaza Hotel. The hotel is approved to be a mixed-use
development including residential, commercial and recreational uses. The applicant
is approved to construct 99 new accommodation units (hotel rooms) ranging in size
from approximately 350 sq. fi. to 370 sq. ft. per unit, 50 part-time fractional fee club
units, 18 employee housing units (38 beds) and 1 free-market condominium. The
fractional fee club units are considered part-time units, since during the summer
months the hotel will retain ownership of the units to rent as short-term
accommodation units, and then during the winter months (approximately 24 weeks
per year) the units will be sold as fractional fee club units. The Vail Plaza Hotel also
includes two restaurants, 4,O17 square feet of accessory retail located within the
hotel andalongtheplaza,,a l5,333squarefootconferencefacility, a24,799 square
foot full-service spa and health club facility and approximately 249 new underground
parking spaces. The approximate total gross square footage of the new hotel is
379,857 square feet.
The following is an approximate square footage breakdown of the various uses
approved within the hotel:
* 62,816 sq. ft. - fractional fee club units* 5,499 sq. ft. - condominium* 35,8'18 sq. ft. - accommodation units+ 6,332 sq. ft. - employee housing units.:' 8,375 sq. ft. - restauranVretail+ 15,130 sq.ft.- conference/meeting rooms* 24,817 sq.ft.- spa/health club+ 221,070 sq. ft. - common area (mechanical, maid closets, stairs/hallways,
parking, office, lobby, etc.)
379,857 sq. ft. gross building square footage
On June 14,2004, the Town of Vail Planning & Environmental Commission held a public
hearing to consider an application for a major amendment to Special Development
District #6, Vail Plaza Hotel. Upon consideration of the application, the Commission
voted unanimously to table the final review of a recommendation to the Town Council
until June 28,2004. In considering the application, the Commission raised the following
questions:
1) How many parking spaces are required for all of Special Development
District No. 6? (75 space deficit plus existing spaces)2) How many parking spaces are required for the Vail Plaza Hotel only?
(250 spaces)3) Can the Developer verify ownership of the parking spaces located within
the Special Development District but not within the development area of
Phase lV?4) Demonstrate how the loading delivery facility located in the Vail Plaza
Hotel can be physically connected to provide loading and delivery
capabilities for the entire Special Development District.
The following is a summary of the existing phases and development within the Vail
Village Inn Special Development District:
Phase | - This phase consists of the buildings located at the southeast corner of
the District. Phase I includes two residential dwelling unit approximately 6,059
square feet in size and nine commercial/retail spaces.
lv.
Phase ll - This phase consists of three residential dwelling units totaling
approximately 3,492 square feet in size and three commercial/retail spaces.
Phase ll is generally located in the center of the District.
Phase lll - This Phase consists of twenty-nine residential dwelling units totaling
approximately 44,830 square feet in size and six commercial/retail spaces.
Phase lll is located at the northeast comer of the District.
Phase lV - This is the original and oldest Phase in the District. This Phase
consists of one residential dwelling unit approximately 5,000 square feet in size
and seventy-two accommodation units comprising approximately 16,585 square
feet of floor area. Phase lV is generally located in the northwest corner of the
District.
Phase V - This Phase consists of eleven residential dwelling units and three
accommodation units totaling approximately 9,972 square feet of floor area and
four commercial/retail spaces. Phase V is located in the southwest comer of the
District at the intersection of Vail Road and East Meadow Drive.
APPLICABLE PLANNING DOCUMENTS
Zoning Regulations
According to the Official Town of Vail Zoning Map, the applicant's properg is zoned
Public Accommodation. Pursuant to the Town of Vail Municipal Code, the Public
Accommodation Zone district is intended,
" to provide sites for lodges and residential accommodations for visitors, together
with such public and semi-public facilities and limited professional offices, medical
facilities, private recreation, and related visitor oriented uses as may
appropiately be located in the same district. The Public Accommodation District
is intended to ensure adequate light, air, open space, and other amenities
commensurate with lodge uses, and to maintain the desirable resoft qualities of
the Distict by establishing appropriate site development standards. Additional
nonresidential uses are permitted as conditional uses which enhance the nature
of Vail as a winter and summer recreation and vacation community, and where
permitted are intended to function compatibly with the high density lodging
character of the District."
The Public Accommodation Zone District is intended to provide sites for lodging units
with densities not to exceed 25 dwelling units per acre. The Public Accommodation
Zone District, priorto January 21,1997, did not permit interval ownership. On January
21 , 1997 , the Town Council adopted regulations allowing interval ownership subject to
the issuance of a conditional use permit. Previously, interval ownership was only allowed
as a conditional use in the High Density Multi-family Zone District.
On October 5, 1999, the Vail Town Council approved Ordinance No. 23, Series of 1999,
amending the development standards prescribed in the Public Accommodation Zone
V-
District. The amendments included an increase in allowable GRFA up to 150%, an
increase in site coverage, the elimination of AU's and FFU's in the calculation of density,
revised setback requirements, and other various aspects in the development of
properties zoned Public Accommodation. The allowable building height, landscape area
and limitation on commercial square footage remained unchanged.
ZONING ANALYSIS
The development standards for a Special Development District shall be proposed by the
applicant. Development standards including lot area, site dimensions, setbacks, height,
density control, site coverage, landscaping and parking and loading shall be determined
by the Town Council as part of the approved development plan, with consideration of the
recommendations of the Planning and Environmental Commission. Before the Town
Council approves development standards that deviate from the underlying zone district, it
shall be determined that such deviations provide benefits to the Town that outweigh the
effects of such deviations. This determination is to be made based upon the evaluation
of the proposed Special Development District's compliance with the Review Criteria
outlined in the following section of this memorandum.
The Community Development Department staff has prepared a zoning analysis for the
proposed major amendment. The Vail Plaza Hotel Zoning Analysis compares the
development standards permitted in the Public Accommodation Zone District and the
2001 approved amendment to the 2004 major amendment proposal. lt is important to
note that the comparison is based on the entire area of the Special Development District.
A copy of the Vail Plaza Hotel Zoninq Analysis, dated June 14, 2004, has been attached
for reference (attachment E).
THE SPECIAL DEVELOPMENT DISTRICT MAJOR AMENDMENT PROCESS
Chapter 12-9 of the Town Code provides for the amendment of existing Special
Development Districts in the Town of Vail. According to Section 12-gA-1 , the purpose of
a Special Development District is,
"To encourage flexibility and creativity in the development of land, in order to
promote its most appropriate use; to improve the design character and quality of
the new development within the Town; to facilitate the adequate and economical
provision of sfreefs and utilities; to preserue the natural and scenic features of
open space areas; and to further the overall goals of the community as stated in
the Vail Comprehensive Plan. An approved development plan for a Special
Development Distict, in conjunction with the propefties undeflying zone district,
shall establish the requirements for guiding development and uses of property
included in the Special Development Distict."
According to Section 12-9A-2, a major amendment to a Special Development District is
defined as,
vt.
"Any proposal to change uses; increase gross residential floorarea;
A.
change the number of dwelling or accommodation units; modify, enlarge or
expand any approved special development district (other than "minor
amendments" as defined in this Section), except as provided under
Sections 12-154, "lnterior Conversions", or 1 2-15-5, "Gross Residential
Floor Area (250 Ordinance)" of this Title."
The Town Code provides a framework for the amendment of a Special Development
District. According to the Town Code, prior to site preparation, building construction, or
other improvements to land within a Special Development District, there shall be an
approved development plan for the Special Development District. The approved
development plan establishes requirements regulating development, uses and activity
within the Special Development District.
Upon final review of a proposed major amendment of an existing Special Development
District, a report from the Planning and Environmental Commission stating its findings
and recommendations and a staff report shall be forwarded to the Town Council, in
accordance with the provisions listed in Section 12-16-6 of the Town Code. The Town
Council's consideration of the Special Development District shall be in accordance with
the provisions of the Town Code and approved by two readings of an ordinance.
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, conditional, and accessory uses.
The determination of permitted, conditional and accessory uses shall be made by the
Planning and Environmental Commission and Town Council as part of the formal review
of the proposed development plan. Unless further restricted through the review of 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.
The Town Code provides nine design criteria, which shall be used as the principal
criteria in evaluating the merits of the proposed major amendment to a Special
Development District. lt shall be the burden of the applicant to demonstrate that
submittal material and the 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 consistent with the public interest has been achieved. The nine sDD review
criteria are listed below:
Design compatibility and sensitivity to the immediate environment, neighborhood
and adjacent properties relative to architectural design, scale, bulk, building
height, buffer zones, identity, character, visual integrity and orientation.
The architectural design, scale, bulk, building height, buffer zones, identity, character,
visual integrity and orientation of the hotel remain largely unchanged as a result of the
proposed major amendment. The greatest impact to the building's bulk and mass is a
net reduction of over 59,000 square feet of building area. The reduction in square
footage is a result of the elimination of surplus parking spaces on the lowest level of the
hotel and reductions in the restaurant and retail spaces, conference facilities and spa &
health club areas.
B.
The Vail Plaza Hotel exterior building materials remain a mixture of stone, stucco and
wood. The roof material is proposed to be a terra cotta colored concrete tile with copper
flashing. The applicant has proposed to incorporate irrigated flower boxes and copper
chimney caps into the design of the hotel to serve as attractive accent elements. A
grayish-brown granite stone will be used around the base of the building. The use of
non-reflective glazed windows all around the building reduces the potential of unwanted
glare. The applicant has proposed that the exterior stucco color be an off-white or cream
color to blend in with the exteriors of the buildings on the adjoining properties. Staff
believes that the combination of building materials proposed has been well incorporated
into the design of the Vail Plaza Hotel. The Town of Vail Design Review Board
conceptually reviewed the building's exterior design at a public hearing on June 2nd, and
with the exception of a few minor recommendations regarding window trim, transitions
between buildings, and roof top mechanical equipment screening, was supportive of the
revised proposal.
Uses, activity and density which provide a compatible, efficient and workable
relationship with surrounding uses and activity.
The Vail Plaza Hotel is approved to be a mixed-use type of development. The mixture of
uses includes commercial, lodging, recreational and residential. Staff believes the
proposed mixture of uses and its proximity to both Vail Village and Lionshead remains
consistent with the intended purpose of the underlying zoning of Public Accommodation
and in keeping with the intent of Vail Land Use Plan. Further, staff continues to believe
that the proposed uses within the Vail Plaza Hotel will compliment those existing uses
and activities on surrounding and adjacent properties. The proposed density of the hotel
and the presence of the conference facilities will improve and enhance the viability and
success of the existing restaurant and retail businesses in the immediate area. The
applicant is continuing to provide housing for 38 employees on the hotel site.
overall, staff believes that the density and uses proposed by the applicant for the Vail
Plaza Hotel do not conflict with the compatibility, efficiency or workability of the
surrounding uses and activities on adjacent properties. In fact, staff continues to feel that
the proposed Vail Plaza Hotel redevelopment will substantially enhance the existing uses
and activities in the community.
compliance with parking and loading requirements as outlined in chapter 12-10 of
the Vail Town Gode.
The Vail Plaza Hotel major amendment proposal has been reviewed for compliance with
the parking and loading requirements, as amended and prescribed in chapter 12-1e, of
the Vail rown code. The applicant is proposing to provide a total of 250 parking spaces.
Included in the number of spaces that the applicant is proposing to provide is 75 parking
spaces which are currently in deficit within the Special Development District.
The Vail Plaza Hotel has proposed a centralized loading facility for the hotel and
surrounding uses within the special development district. Pursuant to the prescribed
loading regulations, five loading berths are required to be provided. To insure
compliance with the applicable regulation the applicant is proposing to provide five ,
loading berths within an enclosed facility. Vehicular access to the facility is taken from
the South Frontage Road. The design of the access creates forward-in and fonivard-out
traffic flow and provides adequate maneuvering and turning space within the lot lines of
the development site. The flow of traffic on the South Frontage Road will not be impeded
by the maneuvering of delivery vehicles. Furthermore, pursuant to the prescribed
q
c.
regulations, the loading facility will not be located in the required setback, nor will it block
access to the parking spaces within the Phase lll Condominium Building. Lastly, the five
loading berths more than adequately meet the size requirements (12' x24'x 14') ouflined
in the regulations.
Upon review of the proposed parking and loading/delivery plan for the Vail Plaza Hotel,
the staff finds that the proposal may meet the intent of the Town's parking requirements
and exceeds the loading and delivery requirements. A final determination of the
proposed parking and loading/delivery adequacy can be made by the staff once the
applicant has addressed the issues outlined in the memorandum from the Public Works
Department, dated June 7,2004. We believe in the end that given the proposed and
existing uses within the district, the proximity of the development site to the Vail
Transportation Center, the immediate availability of public transportation and recent
trends in destination resort travel, the proposed parking spaces will adequately provide
for the needs of District. Additionally, in a recent parking study undertaken by the Town
of Vail, the consultant working with the Town recommended a significant reduction in the
required number of parking spaces for fractional fee club units. The reduction has been
recommended as the use of the club unit is more similar to the use of an accommodation
unit. The maximum parking space requirement for an accommodation units is one
space, regardless of size.
Conformity with the applicable elements of the Vail Comprehensive Plan, Town
policies and Urban Design Plan.
Vail Land Use Plan (in part)
The Vail Land Use Plan map and the goal statements are intended to serve as the
primary focus for the review of development proposals, along with rown ordinances and
regulations. Any project should be reviewed within the context of the intent of the overall
Plan Document. The Land Use Plan is intended to provide a general framework to guide
decision making but is not intended to be regulatory in nature.
The goals contained in the Vail Land Use Plan are to be used as the Town's policy
guidelines during the review process for a major amendment to an existing special
development district. According to the Vail Land Use Plan, the proposed hotel
redevelopment site is located within the Vail Village Area.
According to the prescribed key goals of the Vail Land Use Plan for the Vail Village Area,
in part,
Commercial grovvth should be concentrated primarity in existing commercia! areas to
accommodate both local and visitor needs, and
New hotels should continue to be located pimarily in the Viltage and Lionshead areas,
and
Increased density for commercial, residential and todging uses in the Core areas would
be acceptable so long as the existing character of each area is being preserved.
staff has reviewed the Vail Land Use Plan and believes the following policies are
relevant to the review of this proposal:
10
1. GeneralGrowth/Development
1.1 Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve
both the visitor and the permanent resident.
1.2 The quality of the environment including air, water, and other natural
resources should be protected as the Town grows.
1.3 The quality of development should be maintained and upgrade whenever
possible.
1.4 The original theme of the old Village Core should be carried into new
development in the Village Core through continued implementation of the
Urban Design Guide Plan.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill).
3. Gommercial
3.1 The hotel bed base should be preserved and used more efficiently.
3.2 The Village and Lionshead are the best location for hotels to serve the
future needs of the destination skier.
3.3 Hotels are important to the continued success of the Town of Vail,
therefore conversion to condominiums should be discouraged.
3.4 Commercial growth should be concentrated in existing commercial areas
to accommodate both local and visitor needs.
4. Villaqe Core/Lionshead
4.1 Future commercial development should continue to occur primarily in
existing commercial areas. Future commercial development in the Core
areas needs to be carefully controlled to facilitate access and delivery.
4.2 Increased density in the Core areas is acceptable so long as the existing
character of each area is preserved through the implementation of the
Urban Design Guide Plan and the Vail Village Master Plan.
5. Residential
5.1 Quality timeshare units should be accommodated to help keep occupancy
rates up.
5.2 Affordable employee housing should be made available through private
efforts, assisted by limited incentives, provided by the Town of Vail, with
appropriate restrictions.
11
The Vail Land Use Plan projects a need for additional lodging units in the Town of Vail.
While the statistical information used to prcject need is most likely outdated, staff
believes there continues to be a need for additional lodging units in the Town of Vail.
The Plan projected a need for a total of 395 additional lodging units by the year 2000.
Staff believes the proposed major amendment of Special Development District No. 6
meets the intent, goals, and policies of the Vail Land Use Plan as outlined above.
Vail Villaqe Master Plan
According to the Vail Village Master Plan, the Plan is intended to serve as a guide to the
staff, review boards and the Town Council in analyzing future proposals for development
in Vail Village and in legislating effective ordinances to deal with the development. The
most significant elements of the Master Plan are the goals, objectives, policies and
action steps. They are the working tools of the Master Plan. They establish the broad
framework and vision, but also layout the specific policies and action steps that will be
used to implement the Plan.
As noted on page 35 of the Master Plan,
"ft is impoftant to note that the likelihood of project approval will be greatest for
those proposals that can fullycomply with the Vail Village Master Plan.,,
Staff believes this statement re-emphasizes that the Master Plan is a general document
providing advisory guidelines to aid the Town in analyzing development proposals and
that 100% compliance is not required in order for a project to be approved.
The staff has identified the following goals, objectives and policies as being relevant to
this proposal:
Goal #l Encourage high quality redevelopment while preserving the unique
architectural scale of the Village in order to sustain its sense of
communitlr and identity,
1.1 Obiective: lmplement a consistent Development Review Process to
reinforce the character of the Village.
1 .1 . 1 Policv: Development and improvement projects approved
in the Village shall be consistent with the goals,
objectives, policies and design considerations as
outlined in the Vail Village Master Plan and Urban
Design Guide Plan.
1.2 Obiective: Encourage the upgrading and redevelopment of residential
and commercial facilities.
1.2.1 Policv: Additional development may be allowed as
identified by the action plan as is consistent with the
Vail Village Master Plan and Urban Design Guide
plan.
L2
1.3 Obiective: Enhance new development and redevelopment through
public improvements done by private developers working in
cooperation with the Town.
1.3.1 Policv: Public improvements shall be developed with the
participation of the private sector working with the
Town.
Goal#2 To foster a strong tourist industry and promote year-round economic
health and viability for the Vitlage and for the community as a whole.
2.1 Obiective:Recognize the varieg of land uses found in the 10 sub-
areas throughout the Village and allow for development
that is compatible with these established land use patterns.
2.3 Obiective: Increase the number of residential units available for short-
term, ovemight accommodations.
2.3.1 Policv: The development of short-term accommodation
units is strongly encouraged. Residential units that
are developed above existing density levels are
required to be designed or managed in a manner
that makes them available for short-term overnight
rental.
2.4 Obiective:Encourage the development of a variety of new commercial
activities where compatible with existing land uses.
2.5 Obiective: Encourage the continued upgrading, renovation and
maintenance of existing lodging and commercial facilities
to better serve the needs of our guests.
2 5 1 Po| icv:
fiff i,", :: :ffi ffi:T'ffi#llH""H,',"rX' b[::l]Jj.
and enhanced as a part ofany redevelopment of
lodging properties.
2.6 Obiective: Encourage the development of affordable housing units
through the efforts of the private sector.
2.6.1 Policv: Employee housing units may be required as part of
il:,H:,:1:"J:J?;::X,fl ??:'"fi Suestinodensitv
Goal #3 To recognize as a top priority the enhancement of the walking
experience throughout the Village.
Physically improve the existing pedestrian ways by
landscaping and other improvements.
3.1 Obiective:
-LJ
3.'l .1 Policv: Private development projects shall incorporate
streetscape improvements (such as paver
treatments, landscaping, lighting and seating
areas), along adjacent pedestrian ways.
3.1.3 Policy: Flowers, trees, water features and other
landscaping shall be encouraged throughout the
Town in locations adjacent to, or visible from, public
areas.
3.2 Obiective: Minimize the amount of vehicular traffic in the Village to the
greatest extent possible.
3.2.1 Policv: Vehicular traffic will be eliminated or reduced to
absolutely minimal necessary levels in the
pedestrianized areas of the Village.
3.4Obiective: Developadditionalsidewalks,pedestrian-onlywalkways
and accessible green space areas, including pocket parks
and stream access.
3.4.2 Policv: Private development projects shall be required to
incorporate new sidewalks along streets adjacent to
the project as designated in the VailVillage Master
Plan and/or Recreation Trails Master Plan.
Goal #4 To preserue existing open space areas and expand green space
opportunities.
4.1 Obiective: lmprove existing open space areas and create new plazas
with green space and pocket parks. Recognize the
different roles of each type of open space in forming the
overall fabric of the Village.
4.1.4 Policv: Open space improvements, including the addition
ofaccessible green space as described or
graphically shown in the Vail Village Master Plan
and/or Urban Design Guide Plan, will be required in
conjunction with private infill or redevelopment
projects.
Goal #5 Increase and improve the capacity, efficiency and aesthetics of the
transportation and circulation system throughout the Village.
5.1 Obiective: Meet parking demands with public and private parking
facilities.
5 1 1 Po'|icv:
5:ffi5'.:ff"J:iJi2:'ff'J;"ffi?::i.::i5ffi,'".J"
shall be provided (rather than paying into the
parking fund) to meet any additional parking
1i
demand as required by the Zoning Code.
5.1.5 Policv: Redevelopment projects shall be strongly
:ff :::?"Ti".i'[vide
unde rsrou nd or visuar rv
Goal #6 To insure the continued improvement of the vital operational
elements of the Village.
6.1 Obiective: Provide service and delivery facilities for existing and new
development.
1. URBAN DESIGN GONSIDEMTIONS {in partl
These considerations relate to general, large-scale land use planning issues, as well as
form considerations which affect more than one property or even whole areas. These
considerations are primarily the purview of the Planning and Environmental Commission.
B. VEHICLE PENETMTION
To minimize congestion to the extent possible, all non-resident traffic should be routed
along the Frontage Road to Vail Village/Lionshead parking Structures.
In conjunction with pedestrianization objectives, major emphasis is focused upon
reducing auto penetration into the center of the Village. Vail Road and Vail Valley Drive
will continue to serve as major routes for service and resident access to the Village.
Road constrictions, traffic circles, signage, and other measures are indicated in the
Guide Plans to visually and physically discourage all but essential vehicle penetration
upon the Frontage Road. Alternative access points and private parking relocation, where
feasible, should be considered to further reduce traffic conflicts in the Village.
. StaffResponse;
The redevelopment of the Vail Plaza Hotel will increase vehiculartraffic in the Main Vail
Roundabout and on Vail Road. As a condition of approval pursuant to Ordinance No. 21 ,
Series of 2001 , the applicant is obligated to construct improvements to the South
Frontage Road and Vail Road. Due to the net reduction in the various uses on the
development staff anticipates a minimal reduction in vehicte tips. The minimal reduction
in trips does not alter the traffic improvements required of the developer. Staff feels the
applicant has addressed traffrb rssues to the extent posslb/e.
F. BUILDING HEIGHT
Vail Village is perceived as a mix of two and three story facades, although there are also
four and five story buildings. The mix of building heights gives variety to the street, which
is desirable. The height criteria are intended to encourage height in massing variety and
to discourage uniform building heights along the street.
r SlaffResponse:
15
F.
No changes to the allowable building height are proposed, nor should any be
approved.
H. SERVICE AND DELIVERY
Any building expansion should preserve the functions of existing service alleys. The few
service alleys that exist in the village are extremely important to minimizing vehicle
congestion on pedestrian ways. The use of, and vehicular access to, those alleys should
not be eliminated except where functional alternatives are not provided.
In all new and remodeled construction, delivery which avoids or reduces impacts on
pedestrian ways should be explored; and adopted whenever practical, for immediate or
future use. Rear access, basement and below ground delivery corridors reduce
congestion. Weather protection increases delivery efficiency substantially.
Below grade delivery corridors are found in a few buildings in Vail Village (SitzmarUGore
Creek Plaza, Village Center, Vail Village Inn). Consideration should be given to
extending these corridors, where feasible, and the creation of new ones. As buildings
are constructed or remodeled, the opportunity may exist to develop segments of a future
system.
. SfaffResponse:
Through the course of sfaffs oiginal review of the vail Plaza Hotel redevelopment
proposal, several loading and delivery options were explored.
The applicant had oiginally proposed to provide far fewer befths than whatthe cunent
approval requires. The current approval requires fue berths. The five berths witt be able
to be utilized by the entire vail village lnn Plaza and are connected via a series of
elevators and below grade service areas. The service areas are tocated away from
areas of major pedestrian activity. The main service area is adjacent to the south
Frontage Road in an enclosed facility. The centralized approach to this facility is
unprecedented in vail. The applicant has redesigned and reconfigured the entry to the
loading and delivery area of the building. While there appears to be several advantages
to the new design, staff recommends that the developer addresses fhe i3 issues
identified in the memorandum from The Town of vail public works Depaftment, dated
Jltne 7, 2004, prior to receiving a final recommendation from the ptanning and
Environmental Commission for this major amendment application.
ldentification and mitigation of natural and/or geologic hazards that affect the
property on which the special development district is proposed_
According to the Official Town of Vail Hazard maps the Vail Plaza Hotel development site
is not located in any geologically sensitive areas or the 100-year floodplain.
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.
The.site plan, building design and location, and the open space provisions designed to
produce a functional development responsive and sensitive to natural features,
16
G.
vegetation and overall aesthetic quality of the community remain largely unchanged with
this major amendment. The most significant changes to the site plan includes the
following two aspects; 1) vehicular access to the site from Vail Road, and 2) the design
and layout of the outdoor pool area. Vehicular access is now limited to one point of
ingress/egress with the resulting necessary vehicular circulation occurring within the
property lines. As approved, two curb cut were to be provided on Vail; one for ingress to
the porte cochere and underground parking structure and a second for exiting the
property. overall, staff believes that the proposed major amendment complies with the
criteria as outlined above.
A circulation system designed for both vehicles and pedestrians addressing on
and off-site traffic circulation.
The redesigned on-site/off-site vehicular and pedestrian circulation system design has
been discussed in great detail. The Board and Commission centered their discussions
on providing adequate pedestrian and vehicular access to & from and within the
development site. In response to the concerns, the applicant has redesigned many
areas of the plan. The pedestrian areas include the pedestrian connection through the
hotel to the Gateway Building, the alleyway spaces between the hotel and phases lll & V,
the plaza area south of the hotel, and the pedestrian link from the hotel entrances to the
new bus stop on East Meadow Drive. The vehicular areas included providing adequate
turning and maneuvering area at the porte cochere, the entrance only and exit only
driveway locations on Vail Road and the entering and exiting design of the loading/
delivery facility.
Pursuant to the submittal requirements for the previous major amendment request, the
applicant was required to submit a Traffic Report. A Traffic Report was prepared by the
traffic consulting firm of Felsburg, Holt & Ullevig. The purpose of the report was to
evaluate the impacts of the hotel development and the proposed traffic pattern circulation
on the Town's street system. This report was used by staff to analyze traffic impacts of
this project. ln summary the transportation engineers found that the proposed vehicular
circulation system is reasonable and appropriate. lt is believed that through minor
mitigation measures such as signage and an "enter only/exit only" design the traffic
impacts and safety concerns of the Town can be resolved.
overall, staff believes that with several minor changes and revisions to the plans, the
proposal meets the criteria of providing adequate on-site and off-site vehicular and
pedestrian circulation systems. Again, however, staff recommends that the developer
addresses the 13 issues identified in the memorandum from The Town of Vail pubiic
works Department, dated June 7, 2004, prior to receiving a final recommendation from
the Planning and Environmental commission for this major amendment application.
Functional and aesthetic landscaping and open space in order to optimize and
preserye natural features, recreation, views and functions.
Since the adoption of the approved development plan the applicant has submitted a final
landscape plan to the Town of Vail Community Development Department for review and
approval of the plan by the Design Review Board.
H.
r'7
vt1.
Staff believes that the landscape improvements proposed will be beneficial to the quality
of the landscaping in both the public and private spaces in the vicinity of the hotel.
Through the implementation of the Town of Vail streetscape Master plan, a portion of
East Meadow Drive will be enhanced aesthetically. The improvements will include new
heated brick paver walkways, the completion of the bus stop, updated streetscape
lighting, and wider pedestrian walkways and stairs.
The landscape elements of the proposal have been reviewed on a conceptual basis by
the Town of Vail Design Review Board. Upon review of the proposal the Board has
voiced a favorable response to the applicant. A final landscape plan shall be reviewed
and approved by the Design Review Board prior to the issuance of a building permit. The
design of the plaza area south of the hotel is consistent the previous direction and intent
of the overall development of the District. The creation of the plaza, with the associated
pool area, landscaping, outdoor caf6, pedestrian walkways and retail store fronts
complies with the guidelines of the open Space Plan, an element of the Vail Village
Master Plan. Pursuant to the Open Space Plan, the area south of the hotel and interior
to the development is intended to be a public plaza with greenspace opportunities. Staff
believes that based upon the sun/shade analysis prepared by the applicant, the plaza
area will receive adequate amounts of sun light throughout the year. The access to sun
light will insure a pleasant, useable plaza area in the Town.
The proposed pool and hot tub deck area is intended to address the recreational needs
of the District. The use of these recreational amenities will be made available to the
owners of property within the District. The new pool will replace the existing pool on the
Phase lV development site and will insure consistency with the general direction of the
Open space Plan.
Overall, staff believes that the proposal complies with this criteria.
Phasing plan or subdivision plan that will maintain a workable, functional and
efficient relationship throughout the development of the special devetopment
district.
f n accordance with ordinance No. 21, series of 2001, section s, in part, '...the phasing
of the construction of the hotel shall not be permitted.", the applicant is not requesting -
approval to phase the construction project. A construction staging plan will be required
at the time of building permit issuance. The plan will be reviewed to maximize the
workable and functional relationship between the redevelopment of the hotel and the
existing uses, structures and traffic systems in the vicinity of the development site. The
goal of the plan will be maximize the efficiency of the construction process and to
minimize the negative impacts inherent to major construction projects.
OUTSTANDING TSSUES
on June 14,2004, staff identified a number of outstanding issues that needed to be
addressed by the applicant. Staff was recommending that each of the issues identified in
this section of the memorandum be addressed by the applicant prior to the Planning and
Environmental Commission forwarding a recommendation to the Vail Town Councifon
the proposed major amendment. Included in the list of issues were several of the
existing conditions of approval, as ouflined in section 5, ordinance No. 21, series of
18
2001 . Since June 14th the applicant has addressed a number of the outstanding issues
to the satisfaction of the staff. Those issues are identified in rtalrcs below.
. That the Developer submits a detailed final landscape plan and final architectural
etevations for review and approval of the Town of Vail Design Review Board, prior to
application for a building permit.
c That the Developer submits a complete set of plans to the Colorado Depaftment of
Transpoftation for review and approvalof an access permit.
t That the Developer submits a final exterior buitding materials tist, a typicat wall
secfions, architectural details and a complete color rendering for review and approvat
of the Design Review Board.
: That the Developer submits a roof-top mechanical equipment plan for review and
approval of the Design Review Board. All roof-top mechanical equipment shall be
incorporated into the overall design of the hotel and enclosed and screened from
publicview.
. That the Developer studies and redesigns the entrance on the nofth side of the hotet
across fram the entrance to the Gateway Building to create a more inviting entrance
or a design that redirects pedestrians to another entrance. The finat design shall be
reviewed and approved by the Design Review Board.
. That the Developer revises the proposed floor ptans for the Vait Ptaza Hotel to
provide freight elevatoraccess to the lowest level of the parking structure. The
revised plans shall be submitted to the Town of Vail Community Development
Depaftment for review and approval pior to the issuance of a buitding permit.
t That the Developer redesigns the proposed elevator tower to create an architectural
feature atop the tower and revises the proposed buitding elevations and roof plan,
prior to final review of the proposal by the Design Review Board. The Board shall
review and approve the revised desrgrn.
. That the Developer submits a witten lefter of approval from adjacent propefties
whose property is being encroached upon by ceftain improvements resutting from the
construction of the hotel, pior to the issuance of a building permit.
c That the Developer addresses fhe rssues identified by the Community Development
Department as red-lined revlsrbns on the proposed major amendment apptication
submiftal plans.
VIII. STAFFRECOMMENDATION
The Community Development Department is recommending that the Planning and
Environmental Commission fonruards a recommendation of approval of the request for
a major amendment to Special Development District li6 to allow for redevelopment of
Phase lV of the Vail Village Inn to the Vail Town Counci. Staffs recommendation is
based upon the review of the criteria outlined in Sections V & Vl of this memorandum
and the completed list of outstanding issues outlined in Section Vll of this memorandum.
I9
Staff believes that the proposal is in general compliance with the nine design criteria, as
identified in this memorandum.
ln reviewing the proposal, staff identified a number of pros and cons that we believe are
associated with the amended hotel proposal. The list includes, but is not limited to, the
following:
PROS
. The presence of economic redevelopment in Vail.r An increase to the Town's supply of hotel beds and an increased level of quality.. The implementation of the Town's development goals, objectives, and policies.. The creation of new, deed restricted employee housing to offset the housing impacts
associated with the hotel.. The elimination of an unsightly surface parking lot.. The completion of the final phase of the Vail Village Inn Special Development District.r The construction of new conference and meeting room facilities within the Town.. The construction of public improvements funded with private dollars.r The potential increases in sales tax revenue.. An increased amount of public open space.. An improved and updated loading/delivery facility which is relocated from Vail Road.r The provision of 18 on-site employee housing units.
CONS
. Increased vehicular traffic on Vail Road.. Deviations from the underlying zoning development standards are required.. The bulk and mass of the new hotel is significantly greater than the sizes of buildings
presently on the development site.r There are increased impacts of shading on public areas.. The conference and meeting room facilities are potentially under-sized.. Additional views of Vail Mountain from public areas will be negatively impacted.. Only a portion of the dilapidated plaza paver surface is being replaced and improved.r Increased loading/delivery truck traffic on Town streets.. There is only a marginal net increase of true accommodation units over what exists
today.o An eighteen to twenty-four month construction process (noise, construction traffic,
etc).
Should the Planning & Environmental Commission choose to forward a recommendation
of approval of the requested major amendment to the Vail rown council, staff would
recommend that the Commission make the following finding:
"Thatthe proposed major amendment to Special Development Distict#6, Vail
Village lnn, complies with the nine design criteia outlined in Secfion 12-94-8 of
the Town of vail Municipal code. The applicant, as required, has demonstrated
to the satisfaction of the Commission that any adverse effecfs of the requested
deviations from the development standards of the undeflying zoning are
outweighed by the public benefits provided or has demonstrated that one or more
of the development standards is not applicabte, or that a practical solution
20
consislenf with the public interest has been achieved. Fufther, the Commission
finds that the requested conditional use permit to allow for the operation of a
fractional fee club complies with the applicable criteria and rs consisfent with the
development goals and objectives of the Town. Lastly, public notice of this public
heaing has been sent fo adjacent property owners and published in a local
newspaper of record in accordance with Section 12-3-6C of the Town Code."
Should the Planning & Environmental Commission choose to recommend approval of the
requested major amendment, staff would recommend that the approval carry with it the
following conditions:
1. That the Developer provides a centralized loading/delivery facility for the use of all
owners and tenants within Special Development District No. 6. Access or use of the
facility shall not be unduly restricted for Special Development District No. 6. The
loading/delivery facility, including docks, berths, freight elevators, service corridors,
etc., may be made available for public and/or private loadingidelivery programs,
sanctioned by the Town of Vail, to mitigate loading/delivery impacts upon the Vail
Village loading/delivery system. The use of the facility shall only be permitted upon a
finding by the Town of Vail and the Developer that excess capacity exists. The
Developer will be compensated by the Town of Vail and/or others for the common
use of the facility" The final determination of the use of the facility shall be mutually
agreed upon by the Developer and the Town of Vail.
2. That the Developer subrnits detailed civil engineering drawings of the required off-site
improvements (street lights, drainage, curb and gutter, sidewalks, grading, road
improvements, etc.) as identified on the off-site improvements plan to the Town of
Vail Public Works Department for review and approval, prior to application for a
building permit.
3. The sdd approval time requirements and limitations of Section 12-94-12 shall
continue to apply to Ordinance No. 7, Series of 2003 (September 4, 2004). In
addition, the phasing of the construction of the hotel shall not be permitted.
4. That the Developer submits the following plans to the Depadment of Community
Development, for review and approval, as a part of the building permit application for
the hotel:
An Erosion Control and Sedimentation Plan;
A Construction Staging and Phasing Plan;
A Stormwater Management Plan;
A Site Dewatering Plan; and
A Traffic Control Plan.
5. That the Developer records public pedestrian easements between the hotel and the
Phase lll condominiums, between the hotel and the phase V Building, and along the
Vail Road frontage. The easements shall be prepared by the Developer and
submitted for review and approval of the Town Attorney. The easements shall be
recorded with the Eagle County Clerk & Recorder's Office prior to the issuance of a
Temporary Certificate of Occupancy.
6. That the Developer records a deed-restriction, which the Town is a party to, on the
Phase lv property prohibiting the public use of the spa facility in the hotel. said
a.
b.
d.
e.
2L
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.
7. 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 Certificate of Occupancy.
8. That the Developer posts a bond with the Town of Vail to provide financial security for
the 125% 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.
9. That the Developer installs bollards or similar safety devices at the intersection of the
delivery access driveway and the sidewalk along the South Frontage Road to prevent
conflicts between pedestrians and vehicles, prior to the issuance of a Temporary
Certifi cate of Occupancy.
10. That the Developer coordinate efforts with the owners of the Gateway Building,
Phase ll, Phase lll and Phase V to create a below ground access for loading and
delivery to the Gateway from the VailPlaza Hotel to resolve potential loading and
delivery concems 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.
1 1. 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.
12. That the Developer submits a complete set of plans responding to the design
concerns expressed by Greg Hall, Director of Public Works & Transportation, in his
memorandum to George Ruther, dated 12113199. The drawings shall be submitted,
reviewed and approved by the Town Engineer, prior to first reading of an amending
ordinance by the Vail Town Council.
13. Submit revised plans to the Town of Vail Community Development Department for
review and approval of the thirteen (13) issues identified in the letter from the Public
Works Department, dated June 7, 2004, prior to first reading of an amending
ordinance by the Vail Town Council.
ATTACHMENTS
Attachment A - Vicinity map illustrating the location of the proposed amendment.
Attachment B - Summary of the proposed amendments to the plans from Tim Losa,
Zehren and Associates, Inc., dated May 6, 2004.
Attachment C - A complete set of reduced plans.
Attachment D - A copy of the Vail Plaza Hotel Proposal Comparison, dated June 14,. 2004.
Attachment E - A copy of the Vail Plaza Hotel Zoninq Analvsis, dated June 14,2004.
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Attachment B
Z E H R E N
AND ASSOCIATES, INC.
May 6, 2004
Mr. George Ruther
Senior Special Projects Planner
Town of Vail
Department of Community Development
75 South Frontage Road
Y alt. uoloraoo d I o) /
Re: Vail Plaza Hotel
Minor Amendment to Special Development Distnct
George:
Below is a sunxnary of the proposed amendments to the Vail Pluza Hotel Special Development District as
adopted in Ordinance 21, Series of2001 dated September 4,2001.
In summary, through design and engineering of specific below grade and back of house areas of the
project, we have reduced the overall area of the project by approximately 59,000 square feet while
maintaining the exterior, above grade, residential portions of the project essentially as they were approved
in 2001. We have accomplished this through the design and coordination of the required service,
mechanical, and "back of house spaces" as well as reducing the size of the spa, health club, pool, the bar
and restaurant outlets, the size of the conference facilities.
The overall number of parking spaces required has also been reduced through a reduction in the areas that
require parking as well as through the application of Schedule A of section i2.10.10 of the town's zoning
ordinance. In addition, with further engineering, the alignment of roadways and access points has been re-
aligned to reduce the number of access points and keeping the access points and required easements as
they exist today.
A floor-by-floor analysis is as follows:
Survey The survey has been updated indicating adjacent areas impacted by the
redeveiopment of the project.
The datum has increased by approximately 5'-0" from the previous survey to
match the East Meadow Streetscape improvements.
Site Vignettes these sheets have been replaced with a landscape plan.
Level 127 (Level -3) This level has been relocated to 1eve1 138.
Level 138 (Levei-2) This level has been eliminated in its enfirety. Level -3 (parking) has been
relocated to this level.
Level 149 (Level -i) The ballroom size has been decreased in size.
The breakout space has been decreased in size and relocated from 1eve1-2.
Al1 spa and health club functions have been removed from this level.
ARCHITECTURE . PTANNINC . INTIRIORS . LANDSCAPE ARCHITECTURE
PO. Box 1976 ' Avon, Colorado 81620 . (970i g4g-0257 . F,A"\ 1970) 949-1080 . e-mail: vailoffc@zcnren.( r)m ' www.zenren..onr
Vail Plaza Hotel
20041590.00
Level 160 (Level 0)
Level 170 (Level 1)
Level 180 (Level 1.5)
Level 190 (Level 2)
Level 200 (Level 3)
Level 210 (Level 4)
Level220 (Level 5)
Levei 230 (Level 6)
RoofPlan
Street Sections
Plaza Sections
Building A Elevations
Building A Sections
Building B Elevations
Building B Sectrons
Building Height Plan I
. Zehren and Associates, Inc.
51612004
Parking spaces have no change.
Spa and health club areas have been reduced in area or relocated from this
level.
Laundry, housekeeping and personnel areas have been relocated to this floor.
Retail has been slightly increased on this level.
The guest entry has been re-aligned to the center of the porte-cochere.
The Lounge was reduced by 3 15 square feet.
The Specialty Restaurant was reduced by 880 square feet.
The Main Restaurant was reduced by 172 square feet.
The outdoor pool deck was relocated to the plaza 1eve1 from two levels below.
A reduced exercise ftea1th club) area was relocated to the retaiVstair area.
The ma'in conference stair was relocated to the restaurant lobby area.
The service entry has been re-aligned to its existing entry point.
The addition of one accommodation unit.
No significant change.
No significant change.
The loss of one key or lock-off from a fractional fee unit.
No significant change.
No significant change.
The loss oftwo keys or lock-offs from fractional fee units.
No significant change.
The upper level dwelling unit has been slightly reduced in area.
No signifrcant change.
No significant change.
No significant change.
No significant change.
Ihe Pool Area is relocated up two levels.
No significant change.
No significant change.
The Pool Area is relocated up two levels.
No significant change.
No significant change.
Datum increased by 5'-0" to match survey.
2
Vail Plaza Hotel
20041590.00
Building Fleight Plan 2 No significant change.
Pool Study Sheet deleted.
Vail Road Setback Study No significant change.
Loading and Delivery No significant change in bay location.
Plan Entry point has been revised.
Sheet deleted.
Street Entry Study Entry points have been revised.
Sheet deleted.
Zehren and Associates, Inc.
5t6t2004
Sun Study
Landscape
Improvements Plan
No significant change.
These sheets have been replaced with a landscape plan.
Off-Site Improvements No significant change.
Pian Updated East Meadow Streetscape.
Crossroads sidewalk delegated to Crossroads redevelopment.
Also enclosed is a program summary for comparison to the 2001 approved surnmary.
Please do not hesitate to contact me with any questions or concems conceming the submittal.
Sincerelv.
Tim Losa
Project Manager
Zehren and Associates, Inc.
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Attachment: F
Department of Community Development
75 South Frontage Road
Vail, Colorado 81657
970-479-2138
F,lx 970-479-2452
www.vailgov.com
From: Chad Salli
Date: June 7, 2004
Subject: Vail Plaza Hotel
After reviewing the submitted plans for the Vail Plaza Hotel site, Public Works conrnents are as follows:
l. Double check survey infornntion to make sure they are all on the same datum2. Provide centerline profile of all access points3. S. Frontage Rd: C-DOT access permit is required for access, concern (left out accident history)
exists in maintaining this access as full movement with the close proximately to the main Vail
roundabout, right in/right out only movement may be required, landscaped median required, 6'
heated brick paver walk with curb & gutter required from Vail Rd to east side ofbuilding to the
east (Village Inn Plaza), 6' concrete walk with curb & gutter from Village Inn Plaza to Village
Center intersection. Plan and profiles will be required4. Vail Rd: left turn is only to serve the Vail Plaza Hotel access, no median on Vail Rd required, 6'
heated brick paver walk required from S. Frontage Rd to Meadow Dr. Plan and profiles will be
required
5. Meadow Dr: Streetscape improvements required per East Meadow Dr plans6. Is access to building to the east still going to be provided thm the loading/delivery area? Ifnot,
how is access going to be maintained and is access easement going to be vacated?
7 ' Loading/delivery area is to serve the buildings to the south via a tunnel, please show how this is to
function.
8. Loading/delivery area is to serve the building to the west, please show how this is to function.9. Please show circulation and tuming movements for the loading/delivery area, all tuming
movements must be done entirely on site.
10. Grading and drainage plan needed.
I I . Sediment and erosion control plan needed,
12. vehicular circulation in the porte-cochere should be counter-clockwise for driver expectancy
13. Incorporate public art into development work with AIPP Board and Coordinator
Should you have any questions, feel free to give me a call 926-2169.
{p *""".uo ^r"^
Memorandum
To: George Ruther, Senior Special Projects planner
From: Greg Hall, Director of Public Works and Transportation
Subject: Vail Plaza Hotel - Review ofthe November 23. 1999 plans
Date: December 13, 1999
I have completed my review of the Vail Plaza Hotel and have the following comments and concerns. Some
ofthese are truly comments, which should be corrected as the project progresses through the development
process, and others are concerns or conditions, which shall be taken care ofat the appropriate tirnes in the
process.
The following corrections to the plans are required:
q The scale stated on the site illustrative plan is incorrect, please label correctly.o Sheet-Level Minus Two, the elevation of the ramp from above proceeding to the 6 o/o grade at the
lowest level is not 145' as indicated.tr Provide the slope (%) ofthe parking area in the lowest valet area and the location where the grades
change from 128' to 130'.Q Please show all access points and doorways to elevators and hallways. Specifically, access to the
elevators in the Level Minus Two, this may cause valet spaces to be eliminated. Access to the small
elevator lobby from the loading berth, and access from the loading berth to the freight elevators. The
exact location ofthe garage door into the Phase III parking structure. Show the staging area in front of
the freight elevator and how this may impact access to Phase III and the safety ofthose using the
elevator. Show the location of the trash pickup.tr The eastside curb alignment of Vail Road is shown per the survey. However, there appears to be one
shot out of line, t}lis causes ajog right at the hotel entry, which doesn't exist. The curb moves one foot
at this location.
o The widths of Vail Road, the South Frontage Road and East Meadow Drive along with the exact
locations ofthe curbs of the roundabout and median islands and opposite side ofthe street wiil need to
be shown accurately prior to first reading before the Town Councii.
Issues for Discussion
There has been significant discussion with regards to whether a left-tum lane is required on Vail Road. The
hotel location as it is presently designed would not have to move if the desire for a left-turn is there. A
pedestrian easement would be required to push the walk east to make room for the additional 12' lane.
Virtually all ofthe landscaping on the east side ofthe road would be lost. A space of3' to 11' wide as you
go north would exist on the south building and the space would be 8' to 15' along the north building.
The need for a left-tum lane was specifically reviewed and evaluated by the traffic consulting {irm of
Felsburg, Holt & Ullevig. In the Traffrc Report prepared by the consulting engineer, the engineer has
stated that based upon traffic projections, vehicles "backing up" into the roundabout traffic would not
occur.
A review ofthe roundabout design with regards to Vail Road traffrc detennined that at current volumes,
there is a flow of 321 vehicles in the AM peak hour with a capacity to take 1501 vehicles and a maximum
queue of I Yehicle, in the PM peak flow was 484 vehicles with a capacity to take 1423 vehicles and a
marimum queue of 2 vehicles.
The roundabout design allows for a 50% increase in peak flows with the AM having a peak hour flow of,' 481 vehicles with capacity of I172 vehicles with a maximum queue of2 vehicles. The PM peak flow
would be 735 vehicles with a capacity of 1055 vehicles and a maximum queue of7 vehicles. This queue
does not impact the entry into this site.
The Vail Plaza Hotel Traffic Report states the current northbound traffic volume of Vail Road is 695
vehicles. The added trips to Vail Road will be approximately 57 trips in and 40 trips out, during the peak
PM period. They also analyzed that the trips were turning in against 900 vehicles verses the 735 trips. As
estimated in the future roundabout calculations.
The second issue is that the loading bay requirements for the site were to accommodate the tuming
maneuvers ofa 30' single axle truck, a 45' over the road coach and a 50-foot scmi tractor trailer on-site,
and to additionally to allow a 65' semi tractor trailer to maneuver without impeding the flow of kaffic on
the South Frontage Road. The applicant has provided an access and maneuverability plan, which illustrates
that the maneuvering ofthe vehicles takes place partially off-site, in the right-of-way. However, no
backing motions occur across any sidewalks and the traffic flow on the South Frontage Road is not
impeded. Extending the proposed South Frontage Road median through this access point could solve the
question ofthe left turn out for the frontage road access. It would be desirable to at least provide a left tum
pocket east bound somewhere in the frontage road to allow U-tums ofpassenger cars at a point that is
determined appropriate. This is most likely at Village Center Chute. The landscape median would need to
be extended the entire length to ensure this takes place where determined.
This entire access plan on the frontage road will require a Colorado Departrnent of Transportation revised
access permit. The transportation engineers at CDOT have the authority to decide how tlle access functions.
Improvements and Conditions
. The required improvements for this development are a 6' heated paver walkway from the east property
line ofthe SDD to the Gateway Building. In addition any revisions to the curb will require new curb
and gutter and modifications or additions to the storm sewer system. The extension of Village-style
street lights is also required. Any necessary modifications to utilities, landscaping, irrigation systems
and required retaining walls shall be the responsibility of the developer. The walkway will be
delineated in pavers across the driveways behind the cross pans.
o Frontage Road landscape medians to include curb and gutter, concrete unit paver aprons, any masonary
rock walls, plant material, bedding mix to TOV specifications, and irrigation system and water
connections and sleeves.
Improvements to Vail Road include a heated 8' paver walkway from the Gateway Building property to
East Meadow Drive. All additional improvements to allow for this to take place as similarly as stated
above for the frontage road are also the responsibility of the developer.
In addition, adding curb, gutter and a 6'concrete walk from the east property line ofthe SSD to and
around the curb return of Village Center Chute on the South Frontage Road. Any modifications to the
drainage system to accomplish this work are considered the requirement ofthe curb. Work such as
retaining walls and utility modifications are the responsibility of the Town of Vail.
Details of the improvements from Vail Road to the west edge of the Phase I building (Base Mountain
Sports) along with the improvements of the bus stop along East Meadow Drive are as follows a heated
paver walkway attached to the street and bus stop 4long with all modifications to drainage, utilities,
retaining walls, drainage systems, inigation, landscape modifications sheet lighting and any adjacent
property impovements impacted.
. The orange street lights existing along the entire length ofEast Meadow Drive shall be changed to the
Village-style street light fixture. This installation shail be completed by the developer.
. A frnal grading and drainage plan be prepared and all drainage systems carrying runoff from public
right of ways require drainage easements. The final grading plan will have ail grades to the tenth of a
foot .
r A final landscape plan showing sight distances, snow storage areas, and all existing vegetation
impacted.
. The entire building will require a guttering system , heat tape and piping to the stonn sewer to be
provided.
r That snow shedding is addressed for the entire building.
. The pedestrian walks along Vail Road and the other pedestrian mews are established as public
pedestrian easements.
r Complete civil-engineered plans are approved prior to submitting for the building permit.
o
PLANNING
MEMBERS ABSENT
Doug Cahill
AND ENVIRONMENTAL
PUBLIC MEETING
Monday, June 28, 2004
PRoJEcr ORIENTATION - Gommunity Devetopment Dept. PUBLtc wELcoME 12:00 pm
o
COMMISSION
MEMBERS PRESENT
David Viele
Anne Gunion
BillJewitt
Chas Bernhardt
George Lamb
Rollie Kjesbo
Site Visits :1. Lionshead Core Site - 675 Lionshead Place2. Gore Creek Place - 730,724,714 West Lionshead Circle3. Eagle River Water and Sanitation - 646 West Forest Road
Driver: George
NOTE: lf the PEC hearing extends until 6:00 p.m., the Commission may break for dinner from 6.00
- 6:30 o.m.
Public Hearinq - Town Council Chambers 2:00 pm
1. A recommendation to the Vail Town Council of a major amendment to a Special Development
District (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to
allow for an amendment to the recorded conditions of approval prohibiting the operation of
restaurants within Special Development District No. 35, Austria Haus, located al242East
Meadow Drive/Part of Tract B, Block 58, Vail Village Filing 1, and setting forth details in regard
thereto.
Applicant: Sonnenalp Properties, Inc., represented by Johannes Faessler
Planner: George Ruther
MOTION: KJESBO SEGOND: VIELE VOTE:5-1 (JEWITT
OPPOSED) APPROVEDW|THCOND|T|ONS:
1. That no rooftop or other exterior ventilation or exhausting equipment (hoods) be
installed on the building for the expressed purpose of ventilating the kitchen or
restaurant arlea of the tenant space (Starbucks),
2. That any future proposal to expand the area of the restaurant be reviewed and
approved by the Town of Vail pursuant to the applicable development review
process.
3. That all loading and delivery activity for the Austria Haus be conducted on the Austria
Haus property in the loading dock area provided on the east side of the property.
Loading and delivery for the Austria Haus shall not be conducted from the
designated loading and delivery spaces in front of the Mountain Haus.
4. The applicant, Johannes Faessler, or his authorized agent, shall cause the
agreement which outlines the Town's conditions of approval to be recorded with
the Eagle Gounty Glerk & Recorde/s office within 30 days of approval on second
1
'-'
rguage shall be in?uaea in allfuture lease orreading. Additidnally, this same lan
rental agreements made by and between Johannes Faessler, or his authorized
agent and any future tenant of the space. Failure to comply with this condition
shall cause this approval to become null and void.
George Ruther made a presentation per the staff memorandum. Mr. Faessler was present and
spoke on behalf of the application. He stated that the subject area is currently a bar and is
proposed to be a cotfee shop, which is a low impact use. Mr. Jim Lamont, Vail Village
Homeowners, spoke on behalf of the homeowners concerned about odors from food
preparation, trash removal and noise, and type of delivery trucks. Staff stated that the proposed
use will not impact the adjacent neighbors more than the existing bar. Commissioner Jewitt
opposed the proposal because the development needs to respectthe land use rights ofthe
adjacent neighbors.
2. A final review of a conditional use permit, pursuant to Section 12-98-3, Private Or Public Off-
Street Vehicle Parking Structures, to allow for an amendment to an existing conditional use
permit for private parking, located at 364 Gore Creek Drive/Lot P-3, Block 5A, Vail Village Filing
5, and setting forth details in regard thereto.
Applicant Vail Resorts
Planner: ElisabethEckel
MOTION: KJESBO SECOND: LAMB
APPROVED WITH CONDITIONS
VOTE:5-0
1. That the applicant, VRDC, submits a revised set of building plans to the Building
Department of the Town of Vail Community Development Department prior to August
1,2004, illustrating the changes in improvements, as required by the Planning and
Environmental Commission.
Commissioner Kjesbo stated that he is under contract to purchase one of the subject parking
spaces but did not feel it was a conflict of interest. Neither the public nor the Commission hid
comments.
3. A request for a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town
Code, to allow for snowmaking system improvements within the Gore Creek floodplain, located
at an unplatted parcel (adjacent to the Eagle River Water and Sanitation facilities,'646 West
Forest Road), a complete metes and bounds legal description is available for review at the
Town of Vail Community Development Departm-ent, and setting for details in regard thereto.
Applicant Vail Resorts, represented by Braun Associates, Inc.Planner: Bill Gibson
MOTION: JEWITT SECOND: VIELE VOTE:6-0
APPROVED WITH CONDITIONS:
1. The applicant shall submit verification of US Army Corp of Engineers approval of all
applicable permits to the Town of Vail Community Development Department prior to
the issuance of building and grading permits.
2. The applicant shall submit a stamped lmprovement Location Certificate and "as-builf' topographic survey to the Town of Vail Community Development Department
for review and approval, prior to Town of vail final construction inspection.
3. The applicant shall comply with all requirements of all necessary state and federalpermits and approvals,
Neither the public nor the Commission had comments.
4. A final review of a condlttbnal use permit, pursuant to Section lt-S,Conditional Uses;
Generally (On All Levels of a Building or Outside of a Building), Vail Town Code, to allow for
eight two-family residential structures (Gore Creek Place), located at 730, 724, and 714 West
Lionshead Circle/Tracts A, B, C, & D, Morcus Subdivision, and Lot 7, Marriott Subdivision, and
setting forth details in regard thereto.
Applicant Vail Resorts, represented by Braun Associates, Inc.
Planner: WarrenCampbell
MOTION: KJESBO SEGOND: JEWITT VOTE: 6-0
APPROVED WITH CONDITIONS
1. That the Developer shall not sell, rent, lease, or othenvise transfer any of the sixteen (16)
additional parking spaces located within the below grade parking structure. The
additional parking spaces shall only be used by those permitted, conditional, or
accessory uses allowed on the West Day Lot Development Site.
2. That the applicant shall complete the West Day Lot Approved Development Plan
spreadsheet (Attachment F) which will identifu all remaining development potential for
each of the three parcels within the West Day Lot Development Site, prior to submitting
forbuildingpermits. Thecompletionofthespreadsheetwill allowfuturedevelopmentto
occur without the need for joint property owners sign off as all future development
potential will already have been established,
3. That the approval of this conditional use permit constitutes approval of an Approved
Development Plan for Parcel 2 of the West Day Lot Development Site and any change to
the Approved Development Plan for Parcel 2 shall require a new conditional use permit
approval,
4. That bed and breakfast operations shall be prohibited in Parcel 2 of the West Day Lot
Development Site.
5. That two-family residential structures shall be the only permitted or conditional uses
allowed in Parcel 2 of the West Day Lot Development Site. Accessory uses shalt be
permitted useless othenrise specifi cally prohibited.
6. The applicant shall record the new West Day Lot Development Site plat and easements
prior to requesting either a Temporary Certificate of Occupancy or a Gertificate of
Occupancy inspection.
7. That the applicant records private access easements for the pathways leading from West
Lionshead Circle to the emergency vehicle/public pedestrian path and from the
emergency vehicle/public pedestrian path to the Town bike path which pennits access to
Vail Spa and all parcels within the West Day Lot Development Site. The pathways with
the above easements shall not be gated orsigned to restrictordiscourage public access
and the easements shall not be permitted to be removed in the future by the owners of
parcels within the West Day Lot Development Site.
Staff and the applicant discussed the public access easements through the site and their
compliance with ADA regulations and the Lionshead Redevelopment Master Plan. Mr. Jim
Lamont, Vail Village Homeowners, questioned the closest sidewalks and pedestrian
connections through the project. staffs recommendation for the provision of access
easements is based on the Lionshead Redevelopment Master Plan for pedestrian connections.
Without the connections as recommended by staff, future connections could not be made for
other adjacent sites. The applicant stated that the paths will be provided, but was hesitant to
make it public access which would require ADA compliance. An amended condition would be
to have a private pedestrian access easement that will never be obstructed or removed.
5. A request for final review of a major amendment to a special development district (SDD),
pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for a major
amendment to Special Development District No. 6, Vail Plaza Hotel East, located at 100
East Meadow /Lot M, N, O, Block 5D, Vail Village Filing 1, and setting forth details in regard
thereto.
Applicant Daymer Corporation, represented by Zehren and Associates, Inc.
Planner: George Ruther
MOTION: KJESBO SEGOND: VIELE VOTE:6-0
APPROVED WITH AMENDED CONDITIONS
1. That the Developer provides a centralized loading/delivery facility for the use of all
owners and tenants within Special Development District No. 6. Access or use of
the facility shall not be unduly restricted for Special Development District No. 6.
The loading/delivery facility, including docks, berths, freight elevators, service
corridors, etc., may be made available for public and/or private loading/delivery
programs, sanctioned by the Town of Vail, to mitigate loading/delivery impacts
upon the Vail Village loading/delivery system. The use of the facility shall only be
permitted upon a finding by the Town of Vail and the Developer that excess
capacity exists. The Developer will be compensated by the Town of Vail and/or
others for the common use of the facility. The final determination of the use of the
facility shall be mutually agreed upon by the Developer and the Town of Vail.
2. That the Developer submits detailed civil engineering drawings of the required
off-site improvements (street lights, drainage, curb and gutter, sidewalks, grading,
road improvements, etc.) as identified on the off-site improvements plan to the
Town of Vail Public Works Department for review and approval, prior to
application for a building permit.
s.
Ihat
the Developer shall suhmit a complete building permit application to the Town of
Vail Community Development Depafimentforthe construction of the Vail Plaza
Hotel by no later than 5:00 pm, Friday, September 3, 2004. The Chief Buitding
Official shall determine the completeness of the application. The Developer shall
diligently pursue the rbsuance of a building permit hy no later than October 15,
2004. Failure to comply with this condition shall cause this sdd approval to
become null and void on september 4, 2004, pursuant to the time requirements
and limitations of Secfion 12-9A-12,Vail Town Code, and Ordinance lVo. 21, Series
of 2001, or on October 16, 20(M, depending on whether a buitding permit
application has heen submitted, The phasing of the construction of the hotel
shall not be permitted-
4. That the Developer submits the following plans to the Department of Community
Development, for review and approval, as a paft of the building permit application
for the hotel:
An Erosion Control and Sedimentation Plan;
A Construction Staging and Phasing Plan;
A Stormwater Management Plan;
A Site Dewatering Plan; and
A Traffic Gontrol Plan.
5' That the Developer records public pedestrian easements between the hotel and
the Phase lll Condominiums, between the hotel and the phase V Building, and
a.
b.
c.
d.
e,
along the Vall to frontage. The easements shatt O?r"0"."0 by the Devetoper
and submitted for review and approval of the Town Aftorney. The easements
shall be recorded with the Eagle County Clerk & Recorder's Office prior to the
issuance of a Temporary Gertificate of Occupancy.
6. That the Developer records a deed-restriction, which the Town is a pafi to, on the
Phase lV property prohibiting the public use of the spa facility in the hotel. Said
restriction may be revoked if the Developer is able to demonstrate to the
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
7. 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 Certificate of Occupancy.
8. That the Developer posts a bond with the Town of Vail to provide financial
security for the 125% 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.
9. That the Developer installs boltards or similar safety devices at the intersection of
the delivery access driveway and the sidewalk along the South Frontage Road to
prevent conflicts between pedestrians and vehicles, prior to the issuance of a
Temporary Certificate of Occupancy_
10. That the Developer coordinate efforts with the ownens of the Gateway Building,
Phase ll, Phase lll and Phase V to create a below ground access for loading and
delivery to the Gateway from the Vail Plaza Hotel to resolve potential loading and
delivery concerns at the Gateway. lf a coordinated effort can be reached the
Developershall submit revised plans to the Town of Vail Community Development
Department for review and approval, prior to the issuance of a building permit.
The intent of this condition is to create an interconnected underground loading
and delivery sysfern accessrble to all of Special Development District No, 6, Vail
Village Inn.
11. That the Developer, in cooperation with the Town of Vail Public Works
Department, designs and eonstructs a left-turn lane on Vail Road and reconfigure
the landscape island in the South Frontage Road median to eliminate teft-turns
from the loading/delivery. The construction shall be completed prior to the
issuance of a Temporary Gertificate of Occupancy.
12. That the Developer submits a complete set of plans responding to the design
concerns expressed by Greg Hall, Director of Public Works & Transportation, in
his memorandum to George Ruther, dated 12l13/9g. The drawings shall be
submitted, reviewed and approved by the Town Engineer, prior to first reading of
an amending ordinance by the Vail Town Council.
13. That the Developer submits revised plans to the Town of Vail Community
Development Department for review and approval of the thirteen (13) issues I
identified in the letter from the Public works Department, dated June 7,20o4, prior
to first reading of an amending ordinance by the Vail Town Gouncit.
14' That the Developer provides 75 on-site parking spaces within the area of phase
lV, Vail Village Inn, and as indicated on the Approved Development plan, to
c
o.
address tne lQace parking deficit currenfuy .*i"ting'*inin Special
Development District No.6, Vail Wllage Inn. Said pa*ing spaces shall be made
available to meet the pa*ing demand of those uses permitted within the Special
Development District. The 75 parking spaces shall not be sold, transferred,
traded, or othenaise conveyed for ownership fo users located outside of Specrat
Development District No. 6, Vail Village Inn.
George Ruther made a presentation per the staff memorandum. Staff addressed PEC
comments from previous meetings and addressed the issues in the memorandum. The only
new condition was number 13 regarding the Department of Public works. The applicant
addressed the list of conditions, such as CDOT approval off of Frontage Road, and requested a
time extension of an additional 90 days to obtain a building permit. The Commissioner were not
in favor of a 90 day extension but instead suggested an amended condition which might afford
the applicant slightly more time to obtain a buiiding permit.
Commissioner Kjesbo questioned the parking and whether or not the spaces will be sold
outside of the shareholders in the development. Mr. Losa stated that four spaces have been
sold within the SDD. The Commission and the applicant agreed that the ownership of parking
spaces would be restricted to parties involved in the SDD.
The Commission and staff proposed several revised conditions of approval.
A request for a final review of a major exterior alteration or modification, pursuant to Section 12-
7-H-7,Vat Town Code, and a request for a final review of a conditional use permit, pursuant to
Chapter 12-16, Vail Town Code, to allow for the construction of the Lionshead Cor6 Site Hotel
and the operation on a new private skier club, new lodge dwelling units and conference facilities
and meeting rooms on the first floor or street level floor of a structure, located at 675 Lionshead
Place/(a complete legal description is available for inspection at the Town of Vail Community
Development Department upon request).
Applicant: Vail Corporation
Planner: George Ruther
MOTION: BERNHARDT SECOND: LAMB VOTE:6-0
TABLED TO JULY 12,2004
A request for a recommendation to the Vail Town Council for the establishment of Special
Development District No. 38, Manor Vail Lodge, to allow for the redevelopment of the Manor Vail
Lodge, and a requestfora conditional use permitto allowforthe construction of Type lll Employee
Housing Units, pursuant to section 12-6H-3, Vail rown code, located at 595 vail Valley
Drive/Lots A, B, & c, Vail Village 7th Filing, and setting forth details in regard thereto.
Applicant Manor Vail, represented by Melick and Associates
Plannen WarrenCamobell
MOTION: BERNHARDT SECOND: LAMB
TABLED TO JULY 12,2004
VOTE:6-0
8. A request for a variance from Section 12-21-14, Restrictions In Specific Zones On Excessive
Slopes, Vail Town Code, to allow for the construction of driveways and surface parking in
excess of 10o/o of the total site area, located at 2388 Garmisch Drive/Lot 9, Block G, Vail das
Schone Filing 2, and setting forth details in regard thereto.
Applicant: Snow Now, LLC
Planner: WanenCampbell
MOTION: BERNHARDTSECOND: LAMB
TABLED TO JULY 12.2004
7.
VOTE:6-0
9. A request for a conditional use permit pursuant to Section 12-71-5, Conditional Uses, Generally
(on All Levels of " euitg or outside of a Building), vait fownte, and a variance from Title
14, Chapter 5, Parking Lot and Parking Structure Design Standards forAll Uses, Vail Town
Code, to allow for the construction of an unpaved private parking lot, located at 923 South
Frontage Road West/unplatted. (A complete metes and bounds legal description is available for
review at the Town of Vail Community Development Department).
Applicant Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Matt Gennett
MOTION: BERNHARDT SECOND: LAMB
TABLED TO JULY 12,2004
SECOND: LAMB
VOTE:6-0
VOTE:6-{l
10. A request for a conditional use permit, pursuant to Section 1 2-6H-3, Conditional Uses; High
Density Multiple Family, Vail Town Code, to allow for a public utility and public services use,
located at 501 North Frontage Road (Solar Vail Condominiums)/ Lot 8, Block 2, Vail Potato
Patch Filing 1, and setting forth details in regard to.
Applicant Verizon Wireless, represented by Kelley Harrison, Closser ConsultingPlannen Clare Sloan
MOTION: BERNHARDT
TABLED TO JULY 12,2004
9. Approval of minutes
MOTION: VIELE
TABLED TO JULY 12,2004
10. Information Update
11. Adjournment
MOTION: BERNHARDT
SECOND: LAMB VOTE:6-0
SECOND: LAMB VOTE:6{l
The applications and information about the proposals are available for public inspection during regular
office hours at the Town of Vail Community Development Department, 75 South Frontage noiO. tne
public is invited to attend the project orientation and the site visits that precede the public hearing in the
Town of Vail Community Development Department. Please call (970) 479-2138 foi additional
information.
[0_n-!19u19e inlerpretation is available upon request with 24-hour notification. Please call (970)
479-2356, Telephone for the Hearing lmpaired, for information.
Community Development Department
Pubf ished, June 25, 2004 in the Vail Daily.
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Community Development Department
June 14,2004
A request for final review of a major amendment to a special development district
(SDD) pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code,
to allow for a major amendment to Special Development District No. 6, Vail Plaza
Hotel East, located at 100 East Meadow /Lot M, N, O, Block 5D, Vail Village Filing
1, and setting forth details in regard thereto.
Applicant: Daymer Corporation, represented by Zehren and Associates, Inc.Planner: George Ruther
lt.
SUMMARY
The applicant, Waldir Prado, d.b.a. Daymer Corporation, represented by Zehren and
Associates, Inc., is requesting a final review of a major amendment to a special
development district (SDD), pursuant to Section 12-9A-1 0, Amendment Procedures, Vail
Town code, to allow for a major amendment to special Development District No. 6, Vail
Plaza Hotel East. The major amendment is intended to facilitate the redevelopment of
Phase lV of the existing Vail Village Inn and allow for the construction of the Vail Plaza
Hotel. The cunent proposal amends only Phase lV of the Vail Village Inn Plaza. No
amendments are proposed to Phases l-lll or V of the Vail Village Inn. While staff
believes that the proposal is in general compliance with the nine design criteria, as
identified in Section Vl of this memorandum, we believe that several outstanding issues
must be addressed by the applicant prior to the Planning and Environmental Commission
making a recommendation on this application to the Vail Town Council. Staff
recommends that this application be tabled to the June 28,2004, public hearing of the
Planning and Environmental commission, to allow the applicant time to address the
outstanding issues.
DESCRIPTION OF THE REQUEST
The applicant, Daymer Corporation, represented by Zehren and Associates, lnc., has
submitted a development review application to the Town of Vail Community
Development. The application is a request for a final review and recommendation of a
proposed a major amendment, pursuant to Chapter g of the Town of Vail Zoning
Regulation, to special Development District No. 6, Vail Village Inn. The purpose of the
major amendment is to amend the approved development plan for the site that was
approved by the Vail Town Council on September 4,2001 , pursuant to Ordinance No.
21, Series of 2001, allowing for the construction of the Vail Plaza Hotel in Phase lV of the
District. ordinance No. 21, series of 2001, prescribes the development standards and
adopted an approved development plan for the site, as required by Section 12-9A-6,
1
Development Plan, Vail Town Code. According to the applicant's proposal, the
development standards and approved development plan remain largely unchanged with
this major amendment application. With the exception of minor revisions and
refinements to the architecture of the building, the overall bulk, mass, height, scale,
character and layout of the hotel above grade are unchanged. The more significant
changes to the proposal are the reduction in the total number of parking spaces that will
be provided and the realignment of the proposed vehicular access points to the hotel off
of Vail Road and the South Frontage Road.
The approximate total gross square footage of the new hotel is 319,237 square
feet. The following is an approximate square footage breakdown of the various
uses within the hotel:
+ 62,601 sq. ft - fractional fee club units* 5,150 sq. ft. - condominium{. 36,173 sq. ft.- accommodation units{. 6,733 sq. ft. - employee housing units+ 5,965 sq. ft, - restauranUretail+ 7,227 sq. ft. - kitchen* 12,821 sq. ft. - conference/meeting rooms* 4,559 sq. ft. - spa/health club* 178,008 sq.ft.- common area (mechanical, maid ctosets, stairs/hallways,
parking, oftrce, lobby, etc.)
319,237 sq. ft- gross building squane footage
The applicant has identified what are believed to be public benefits which will be realized
by the Town as a result of the Vail Plaza Hotel redevelopment. The public benefits
associated with the hotel proposal are:
. An increase in the annual occupancy rate through the redevelopment of an older,
existing hotel.. The creation of approximately 12,821 square feet of new conference and meeting
room facilities.o The implementation of the recommended rown of Vail streetscape Master plan
improvements along Vail Road, the South Frontage Road and a portion of East
Meadow Drive,. The re-investment and redevelopment of resort property in the Town of Vail.r The implementation of the development goals, objectives and policies adopted by the
Town for the Vail Village Inn property.. A significant increase in the Town's supply of short-term, overnight accommodation
to serve our guests and visitors.. The construction of a world-class "ancho/' hotel providing a highJevel of guest
servlces and amenities.. A potentially sizeable annual contribution to the Town's declining sales tax revenue.
il.
A vicinity map illustrating the location of the proposed sDD amendment has been
attached for reference (attachment A).
A summary of the proposed amendments to the plans is ouilined in a letter from Tim
Losa, Zehren and Associates, Inc., dated May 6, 2004 (attachment B).
A complete set of reduced plans has been attached for reference (attachment c).
For comparative purposes, the community Development Department has also completed
an analysis comparing the 2004 proposal and the 2001approval. The purpose ofthe
analysis is to provide a direct comparison of the 2004 proposal and the 2001approval.
A copy of the Vail Plaza Hotel Proposal Comparison has been attached for reference
(attachment D).
BACKGROUND
The following is a brief summary of the amendments to Special Development District No.
6 since the original adoption:
. In 1976, the Vail rown council passed ordinance No. 7, Series 1976, establishing
Special Development Districts No. 6, Vail Village Inn, to ensure the unified and
coordinated development of a critical site to the Town of Vail, as a whole, and in a
manner suitable for the area in which it is situated.
. In 1985, the Vail Town Council passed Ordinance No. 1, Series 1985, providing
certain amendments to the approved development plan for special Development
District No. 6. The amendments included a requirement for a minimum of 175
accommodation units and72,400 square feet of GRFA devoted entirely to
accommodation units in Phase lV.
. ln 1987, the Vail Town Council passed Ordinance No.14, Series 1gg7, which
amended and modified Section 8 relating to the allowed density of the development
plan for special Development District No. 6. This amendment broke phase lV into
two distinct phases; Phase lV and Phase V. This amendment established the
maximum allowable GRFA for the entire District at approximately 120,000 sguare
feet. Furthermore, the amendment reduced the minimum accommodation unit
requirement to 148 units and 67,367 square feet of GRFA.
o In 1989, the Vail rown council passed ordinance No. 24, Series of 1 9g9, amending
the density controls of the District. This amendment increased the allowable GRFA
to 124,527 square feet and allowed unit #30 to be created in a commercial space.
The amendment maintained the previous approval requiring a minimum 14g
accommodation units and 67,367 square feet of GRFA devoted to units in Phases lV
and V.
r ln 1991 , the vail rown council passed ordinance No. 9, series 1 9g1 , providing for
certain amendments to the approved development plan for special Development
District No. 6, which relates specifically to phase lV.
ln 1 992, the Vail Town Council passed Ordinance No. 2, Series 1992, allowing for
modifications and amendments to various sections of Special Development District
No. 6 which related directly to Phase lV, and which made certain changes to the
?pproved development plan for Special Development District No. 6 as they relate to
Phase lV.
In 2000, the Vail Town Council passed Ordinance No. 1, an ordinance adopting an
?pproved development plan for Special Development District No. 6, Vail Village Inn,
Phase lV, to allow the construction of the Vail Plaza Hotel. The hotel is a mixed-use
development including residential, commercial and recreational uses. According to
the approved development plan, the applicant is allowed to construct gg new
accommodation units (hotel rooms) ranging in size from approximately 350 sq. ft. to
3]O sq. ft. per unit, 50 part-time fractional fee club units, 18 employee housing units
(38 beds) and 1 free-market condominium. The fractional fee club units are
considered part-time units, since during the summer months the hotel will retain
ownership of the units to rent as short-term accommodation units, and then during
the winter months (approximately 24 weeks per year) the units will be sold as
fractional fee club units. The vail Plaza Hotel also includes two restaurants,4,o4T
square feet of accessory retail located within the hotel and along the plaza, a 15,339
square foot conference facility, a 24,799 square foot full-service spa and health club
facility and approximately 249 new underground parking spaces.
Again, in 2000, the Vail Town Council passed Ordinance No. 4, Series of 2000, an
ordinance repealing ordinance No. 1, series of 2000, and enacting ordinance No. 4,
Series of 2000, adopting a revised approved development plan forspecial
Development District No. 6, Vail Village Inn, phase lV, to allow the construction of the
Vail Plaza Hotel. The purpose of ordinance No. 4 was to allow for one foot of
additional building height to permit the construction of housing for 38 employees on
the site.
In 2001, the Vail Town Council passed Ordinance No. 21, Series of ZO01 , an
ordinance adopting a revised approved development plan for special Development
District No. 6, Vail Village Inn, Phase lV, to allow for the construction of the Vail plaza
Hotel. Daymer corporation submitted a new application for a major amendment to
spe_cial Development District No. 6 in response to an alleged error in the public
notification of a previously held public hearing. The adoption of ordinance No. 21
resolved the alleged errors in public notification. ordinance No. 21 and ordinance
No. 4 were virtually identical in terms of the entitlements granted by each.
In 2003, the Vail Town Council passed Ordinance No. 7, Series of 2003, an
ordinance amending Ordinance No. 21, Series of 2001, Section 6, approval
expir4ion:time limitations, special Development District No. 6, VaiiVillage lnn, to
allow for a three-year time limitation on the expiration of the approval of ordinance
No. 21, Series of 2001 . ln passing Ordinance No. 7, Series of 2003, the Vail Town
councjl extended the expiration date of the approved development plan for the Vail
Plaza Hotel to September 4,2004.
Pursuant to the entitlements granted by Ordinance No. 21, Series of 2001, the
existing hotel and restaurant are proposed to be demolished tq allow for the new
construction of the Vail Plaza Hotel. The hotel is approved to be a mixed-use
development including residential, commercial and recreational uses. The applicant
is approved to construct 99 new accommodation units (hotel rooms) ranging in size
from approximately 350 sq. ft. to 370 sq. ft. per unit, 50 parttime fractional fee club
units, 18 employee housing units (38 beds) and 1 free-market condominium. The
fractional fee club units are considered part-time units, since during the summer
months the hotel will retain ownership of the units to rent as short-term
accommodation units, and then during the winter months (approximately 24 weeks
per year) the units will be sold as fractional fee club units. The Vail Plaza Hotel also
includes two restaurants,4,O4T square feet of accessory retail located within the
hotel and along the plaza, a 1 5,338 square foot conference facility, a 24,799 square
foot full-service spa and health club facility and approximately 249 new underground
parking spaces. The approximate total gross square footage of the new hotel is
379,857 square feet.
The following is an approximate square footage breakdown of the various uses
approved within the hotel:
+ 62,816 sq.ft. - fractional fee club units* 5,499 sq. ft. - condominium* 35,818 sq.ft.- accommodation units* 6,332 sq. ft. - employee housing units+ 8,375 sq. ft. - restauranUretail* 15,130 sq.ft.- conference/meeting rooms+ 24,817 sq. ft. - spa/health clubt 221 ,070 sq. ft. - common area (mechanical, maid closets, stairs/hallways,
parking, office, lobby, etc.)
379,857 sq. ft. gross building square footage
The following is a summary of the existing phases and development within the Vail
Village Inn Special Development District:
Phase I - This phase consists of the buildings located at the southeast corner of
the District. Phase I includes two residential dwelling unit approximately 6,059
square feet in size and nine commercial/retail spaces.
Phase ll - This phase consists of three residential dwelling units totaling
approximately 3,492 square feet in size and three commercial/retail spaces.
Phase ll is generally located in the center of the District.
Phase lll - This Phase consists of twenty-nine residential dwelling units totaling
approximately 44,830 square feet in size and six commercial/retail spaces.
Phase lll is located at the northeast comer of the District.
Phase lV - This is the original and oldest Phase in the District. This phase
consists of one residential dwelling unit approximately 5,000 square feet in size
and seventy-two accommodation units comprising approximately 16,5g5 square
feet of floor area. Phase lV is generally located in the northwest corner of the
tv.
District.
Phase V - This Phase consists of eleven residential dwelling units and three
accommodation units totaling approximately 9,972 square feet of floor area and
four commercial/retail spaces. Phase V is located in the southwest corner of the
District at the intersection of Vail Road and East Meadow Drive.
APPLICABLE PLANNING DOCUMENTS
Zoning Regulations
According to the Official Town of Vail Zoning Map, the applicant's property is zoned
Public Accommodation. Pursuant to the Town of Vail Municioal code. the public
Accommodation Zone district is intended,
" to provide sites for lodges and residential accommodations for visitors, together
with such public and semi-public facilities and limited professional offices, medical
facilities, pivate recreation, and related visitor oiented uses as may
appropiately be located in the same district. The Public Accommodatian District
is intended to ensure adequate light, air, open space, and other amenities
commensurate with lodge uses, and to maintain the desirable resort qualities of
the District by establishing appropriate site development standards. Actditional
nonresidential uses are permitted as conditional uses which enhance the nature
of Vail as a winter and summer recreation and vacation community, and where
permifted are intended to function compatibly with the high density lodging
character of the District;'
The Public Accommodation Zone District is intended to provide sites for lodging units
with densities not to exceed 25 dwelling units per acre. The public Accommodition
Zone District, prior to January 21 , 1997, did not permit interval ownership. on January
21,1997, the Town Council adopted regulations allowing interval ownership subject to
the issuance of a conditional use permit. Previously, interval ownership was only allowed
as a conditional use in the High Density Multi-family Zone District.
on october 5, 1999, the Vail rown council approved ordinance No. 23, series of 1 ggg,
amending the development standards prescribed in the public Accommodation Zone
District. The amendments included an increase in allowable GRFA up to 1b0%, an
increase in site coverage, the elimination of AU's and FFU's in the caiculation of density,
revised setback requirements, and other various aspects in the development of
properties zoned Public Accommodation. The allowable building height, landscape area
and limitation on commercial square footage remained unchanged.
ZONING ANALYSIS
The development standards for a Special Development District shall be proposed by the
applicant. Development standards including lot area, site dimensions, setbacks, height,
lensity control, site coverage, landscaping and parking and loading shall be determined
by the Town Council as part of the approved development plan, with consideration of the
recommendations of the Planning and Environmental commission. Before the Town
V.
Council approves development standards that deviate from the underlying zone district, it
shall be determined that such deviations provide benefits to the Town that outweigh the
effects of such deviations. This determination is to be made based upon the evaluation
of the proposed special Development District's compliance with the Review criteria
outlined in the following section of this memorandum.
The community Development Department staff has prepared a zoning analysis for the
proposed major amendment. The Vail Plaza Hotel Zoning Analysis compares the
development standards permitted in the Public Accommodation Zone District and the
2001 approved amendment to the 2004 major amendment proposal. lt is important to
note that the comparison is based on the entire area of the Special Development District.
A copy of the vail Plaza Hotel Zonino Analvsis, dated June 14, 2004, has been attached
for reference (attachment E).
THE SPECIAL DEVELOPMENT DISTRICT MAJOR AMENDMENT PROCESS
Chapter 12-9 of the Town Code provides for the amendment of existing Special
Development Districts in the Town of Vail. According to section 12-9A-1, the purpose of
a Special Development District is,
"To encourage flexibility and creativity in the devetopment of land, in order to
promote rts mosf appropriate use; to improve the design character and quality of
the new development within the Town; to facilitate the adequate and economical
provision of sfreels and utilities; to preserue the natural and scenic features of
open space areas; and to fufther the overall goals of the community as stated in
the Vail Comprehensive Plan. An approved development plan for a Speciat
Development District, in conjunction with the properties underlying zone distict,
shall establish the requirements for guiding development and uses of property
included in the Special Development Distict.'
According to Section 12-gA-2, a major amendment to a Special Development District is
defined as,
"Any proposal to change uses; increase gross residential floor area;
change the number of dwelling or accommodation units; modifi, enlarge or
expand any approved special development district (other than .,minor
amendments" as defined in this Section), except as provided under
Sections 12-154, "lnterior Gonversions", or 12-1S-S, "Gross Residential
Floor Area (250 Ordinance)" of this Title."
The Town code provides a framework for the amendment of a Special Development
Districl. According to the Town code, prior to site preparation, building construction, or
other improvements to land within a special Development District, there shall be an
approved development plan for the Special Development District. The approved
development plan establishes requirements regulating development, uses and activity
within the Special Development District.
Upon final review of a proposed major amendment of an existing special Development
District, a report from the Planning and Environmental Commission stating its findings
and recommendations and a staff report shall be forwarded to the Town council, in
accordance with the provisions listed in section 12-16-6 of the Town code. The Town
Council's consideration of the Special Development District shall be in accordance with
the provisions of the Town Code and approved by two readings of an ordinance.
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, conditional, and accessory uses.
The determination of permitted, conditional and accessory uses shall be made by the
Planning and Environmental Commission and Town Council as part of the formal review
of the proposed development plan. Unless further restricted through the review of 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.
The Town Code provides nine design criteria, which shall be used as the principal
criteria in evaluating the merits of the proposed major amendment to a Special
Development District. lt shall be the burden of the applicant to demonstrate that
submittal material and the 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 consistent with the public interest has been achieved. The nine sDD review
criteria are listed below:
Design compatibility and sensitivity to the immediate environmenf, neighborhood
and adjacent properties relative to architectural design, scale, butk, building
height, buffer zones, identity, character, visual integrity and orientation.
The architectural design, scale, bulk, building height, buffer zones, identity, character,
visual integrity and orientation of the hotel remain largely unchanged as a result of the
proposed major amendment. The greatest impact to the building's bulk and mass is a
net reduction of over 59,000 square feet of building area. The reduction in square
footage is a result of the elimination of surplus parking spaces on the lowest level of the
hotel and reductions in the restaurant and retail spaces, conference facilities and spa &
health club areas.
The Vail Plaza Hotel exterior building materials remain a mixture of stone, stucco and
wood. The roof material is proposed to be a tena cotta colored concrete tile with copper
flashing. The applicant has proposed to incorporate irrigated flower boxes and copper
chimney caps into the design of the hotel to serve as attractive accent elements. A'
grayish-brown granite stone will be used around the base of the building. The use of
non-reflective glazed windows all around the building reduces the potential of unwanted
glare. The applicant has proposed that the exterior stgcco color be an off-white or cream
color to blend in with the exteriors of the buildings on the adjoining properties. staff
believes that the combination of building materials proposed has been'well incorporated
into the design of the Vail Plaza Hotel. The Town of Vail Design Review Board
conceptually reviewed the building's exterior design at a public hearing on June 2nd, and
with the exception of a few minor recommendations regarding windowtrim, transitions
c.
between buildings, and roof top mechanical equipment screening, was supportive of the
revised proposal.
Uses, activity and density which provide a compatible, efficient and workable
relationship with surrounding uses and activity.
The Vail Plaza Hotel is approved to be a mixed-use type of development. The mixture of
uses includes commercial, lodging, recreational and residential. staff believes the
proposed mixture of uses and its proximity to both Vail Mllage and Lionshead remains
consistent with the intended purpose of the underlying zoning of Public Accommodation
and in keeping with the intent of Vail Land Use Plan. Further, staff continues to believe
that the proposed uses within the Vail Plaza Hotel will compliment those existing uses
and activities on surrounding and adjacent properties. The proposed density of the hotel
and the presence of the conference facilities will improve and enhance the viability and
success of the existing restaurant and retail businesses in the immediate area. The
applicant is continuing to provide housing for 38 employees on the hotel site.
overall, staff believes that the density and uses proposed bylhe applicant for the Vail
Plaza Hotel do not conflict with the compatibility, efficiency or workability of the
sunounding uses and activities on adjacent properties. In fact, staff continues to feel that
the proposed Vail Plaza Hotel redevelopment will substantially enhance the existing uses
and activities in the community.
compliance with parking and loading requirements as ouflined in Ghapter 12-1o ot
the Vail Town Code.
The Vail Plaza Hotel major amendment proposal has been reviewed for compliance with
the parking and loading requirements, as amended and prescribed in chapter 12-10, ol
the Vail rown code. The applicant is proposing to provide a total of 250 parking spaces.
Included in the number of spaces that the applicant is proposing to provide is 75 parking
spaces which are currently in deficit within the Special Development District.
The vail Plaza Hotel has proposed a centralized loading facility for the hotel and
surrounding uses within the special development district. Pursuant to the prescribed
loading regulations, five loading berths are required to be provided. To insure
compliance with the applicable regulation the applicant is proposing to provide five
loading berths within an enclosed facility. Vehicular access to the facility is taken from
the South Frontage Road. The design of the access creates forward-in and fonryard-out
traffic flow and provides adequate maneuvering and tuming space within the lot lines of
the development site. The flow of traffic on the South Frontage Road will not be impeded
by the maneuvering of delivery vehicles. Furthermore, pursuant to the prescribed
regulations, the loading facility will not be located in the required setback, nor will it block
access to the parking spaces within the Phase lll Condominium Building. Lastly, the five
loading berths more than adequately meet the size requirements (12' x24'x 14;) outlined
in the regulations.
Upon review of the proposed parking and loading/delivery plan for the Vail Plaza Hotel,
the staff finds that the proposal may meet the intent of the Town's parking requirements
and, exceeds the loading and delivery requirements. A final determination of the
proposed parking and loading/delivery adequacy can be made by the staff once the
applicant has addressed the issues outlined in the memorandum from the Public Works
Department, dated June 7,2004. we believe in the end that given the proposed and
existing uses within the district, the proximity of the development site to the vail
Transportation Center, the immediate availability of public transportation and recent
q
trends in destination resort travel, the proposed parking spaces will adequately provide
for the needs of District. Additionally, in a recent parking study undertaken by the Town
of Vail, the consultant working with the Town recommended a significant reduction in the
required number of parking spaces for fractional fee club units. The reduction has been
recommended as the use of the club unit is more similar to the use of an accommodation
unit. The maximum parking space requirement for an accommodation units is one
space, regardless of size.
D. Gonformity with the applicable elements of the Vail Comprehensive Plan, Town
policies and Urban Design plan.
VailLand Use Plan (in part)
The Vail Land Use Plan map and the goal statements are intended to serve as the
primary focus for the review of development proposals, along with Town ordinances and
regulations. Any project should be reviewed within the context of the intent of the overall
Plan Document. The Land Use Plan is intended to provide a general framework to guide
decision making but is not intended to be regulatory in nature.
The goals contained in the Vail Land Use Plan are to be used as the Town's policy
guidelines during the review process for a major amendment to an existing special
development district. According to the Vail Land Use plan, the proposed hotel
redevelopment site is located within the Vail Village Area.
According to the prescribed key goals of the Vail Land Use Plan for the Vail Village Area,
in part,
Commercial grovvth should be concentrated pimarily in existing commercial areas to
accommodate both local and visitor needs, and
New hotels should continue to be located pimaity in the Village and Lionshead areas,
and
lncreased density for commercial, residential and todging uses in the Core areas would
be acceptable so long as the existing character of each area is being preserved.
Staff has reviewed the Vail Land Use Plan and believes the following policies are
relevant to the review of this proposal:
1. GeneralGrowth/Development
1.1 Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve
both the visitor and the permanent resident.
1.2 The quality of the environment including air, water, and other natural
resources should be protected as the Town grows.
1.3 The quality of development should be maintained and upgrade whenever
possible.
10
1.4 The original theme of the old Village Core should be carried into new
development in the Village Core through continued implementation of the
Urban Design Guide Plan.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infi ll).
3. Commercial
3.1 The hotel bed base should be preserved and used more efficienfly.
3.2 The Village and Lionshead are the best location for hotels to serve the
future needs of the destination skier.
3.3 Hotels are important to the continued success of the Town of Vail,
therefore conversion to condominiums should be discouraged.
3.4 Commercial growth should be concentrated in existing commercial areas
to accommodate both local and visitor needs.
4. Villaqe Core/Lionshead
4.1 Future commercial development should continue to occur primarily in
existing commercial areas. Future commercial development in the Core
areas needs to be carefully controlled to facilitate access and delivery.
4.2 lncreased density in the Core areas is acceptable so long as the existing
character of each area is preserved through the implementation of the
Urban Design Guide Plan and the Vail Village Master plan.
5. Residential
5.1 Quality timeshare units should be accommodated to help keep occupancy
rates up.
5.2 Affordable employee housing should be made available through private
efforts, assisted by limited incentives, provided by the Town of Vail, with
appropriate restrictions.
The Vail Land Use Plan projects a need for additional lodging units in the Town of Vail.
while the statistical information used to project need is mostiikely outdated, staff
believes there continues to be a need for additional lodging units in the Town of vail.
The Plan projected a need for a total of 395 additional lodging units by the year 2000.
staff believes the proposed major amendment of Special Development District No. 6
meets the intent, goals, and policies of the Vail Land Use plan as ouflined above.
Vail Villaqe Master Plan
According to the Vail Village Master Plan, the Plan is intended to serve as a guide to the '
staff, review boards and the Town Council in analyzing future proposals for dLvelopment
11
in Vail Village and in legislating effective ordinances to deal with the development. The
most significant elements of the Master Plan are the goals, objectives, policies and
action steps. They are the working tools of the Master Plan. They establish the broad
framework and vision, but also layout the specific policies and action steps that will be
used to implement the Plan.
As noted on page 35 of the Master Plan,
"lt is impoftant to note that the likelihood of project approval will be greatest for
ffiose proposa/s that can [g!!y comply with the Vail Village Master PIan."
Staff believes this statement re-emphasizes that the Master Plan is a general document
providing advisory guidelines to aid the Town in analyzing development proposals and
that 100% compliance is not required in order for a project to be approved.
The staff has identified the following goals, objectives and policies as being relevant to
this proposal:
Goal #1 Encourage high quality redevelopment while preserving the unique
architectural scale of the Village in order to sustain its sense of
community and identity.
1.1 Obiective: lmplement a consistent Development Review Process to
reinforce the character of the Village.
1.1.1 Policv: Development and improvement projects approved
in the Village shall be consistent with the goals,
objectives, policies and design considerations as
outlined in the Vail Village Master Plan and Urlcan
Design Guide Plan.
1.2 Obiective: Encourage the upgrading and redevelopment of residential
and commercial facilities.
1 .2.1 Policv:. Additional development may be allowed as
identified by the action plan as is consistent with the
Vail Village Master Plan and Urban Design Guide
Plan.
1.3 Obiective: Enhance new development and redevelopment through
public improvements done by private developers working in
cooperation with the Town.
1.3.1 Policv: Public improvements shall be developed with the
participation of the private sector working with the
Town.
Goal #2 To foster a strong tourist industry and promote year-round economic
health and viability for the Village and for the community as a whole.
2.1 Obiective: Recognize the variety of land uses found in the 10 sub-
12
areas throughout the Village and allow for development
that is compatible with these established land use patterns.
2.3 Obiective: Increase the number of residential units available for short-
term, overnight accommodations.
2.3.1 Policv: The development of short-term accommodation
units is strongly encouraged. Residential units that
are developed above existing density levels are
required to be designed or managed in a manner
that makes them available for short-term overnight
rental.
2.4 Obiective:Encourage the development of a variety of new commercial
activities where compatible with existing land uses.
2.5 Obiective: Encourage the continued upgrading, renovation and
maintenance of existing lodging and commercial facilities
to better serve the needs of our guests.
2.5.1 Policv: Recreation amenities, common areas, meeting
facilities and other amenities shall be preserved
and enhanced as a part of any redevelopment of
lodging properties.
2.6 Obiective: Encourage the development of affordable housing units
through the efforts of the private sector.
2.6.1 Policv: Employee housing units may be required as part of
any new or redeveloped project requesting density
over that allowed by existing zoning.
Goal #3 To recognize as a top priority the enhancement of the walking
experience throughout the Village.
3.1 Obiective: Physically improve the existing pedestrian ways by
landscaping and other improvements.
3.1.1 Policv: Private development projects shall incorporate
streetscape improvements (such as paver
treatments, landscaping, lighting and seating
areas), along adjacent pedestrian ways.
3.1.3 Policv: Flowers, trees, water features and other
landscaping shall be encouraged throughout the
Town in locations adiacent to. or visible from. public
areas.
Minimize the amount of vehicular traffic in the Village to the
greatest extent possible.
3.2 Obiective:
13
3.2.1 Policv: Vehicular traffic will be eliminated or reduced to
absolutely minimal necessary levels in the
pedestrianized areas of the Village.
3.4Obiective: Developadditionalsidewalks,pedestrian-onlywalkways
and accessible green space areas, including pocket parks
and stream access.
3.4.2 Policv: Private development projects shall be required to
incorporate new sidewalks along streets adjacent to
the project as designated in the Vail Village Master
Plan and/or Recreation Trails Master Plan.
Goal #4 To preserve existing open space areas and expand green space
opportunities.
4.1 Obiective: lmprove existing open space areas and create new plazas
with green space and pocket parks. Recognize the
different roles of each type of open space in forming the
overall fabric of the Village.
4.1.4 Policv: Open space improvements, including the addition
of accessible green space as described or
graphically shown in the Vail Village Master Plan
and/or Urban Design Guide Plan, will be required in
conjunction with private infill or redevelopment
projects.
Goal #5 Increase and improve the capacity, efficiency and aesthetics of the
transportation and circulation system throughout the Village.
5.1 Obiective: Meet parking demands with public and private parking
facilities.
5.1 . 1 Policv: For new development that is located outside of the
Commercial Core 1 Zone District, on-site parking
shall be provided (rather than paying into the
parking fund) to meet any additional parking
demand as required by the Zoning Code.
5.1.5 Policv: Redevelopment projects shall be strongly
encouraged to provide underground or visually
concealed parking.
Goal #6 To insure the continued improvement of the vital operational
elements of the Village.
6.1 Obiective:Provide service and delivery facilities for existing and new
development.
1.URBAN DESIGN CONSTDERATTONS (in part)
74
These considerations relate to general, large-scale land use planning issues, as well as
form considerations which affect more than one property or even whole areas. These
considerations are primarily the purview of the Planning and Environmental Commission.
B. VEHICLE PENETRATION
To minimize congestion to the extent possible, all non-resident traffic should be routed
along the Frontage Road to Vail Village/Lionshead parking Structures.
ln conjunction with pedestrianization objectives, major emphasis is focused upon
reducing auto penetration into the center of the Village. Vail Road and Vail Valley Drive
will continue to serve as major routes for service and resident access to the Village.
Road constrictions, traffic circles, signage, and other measures are indicated in the
Guide Plans to visually and physically discourage all but essential vehicle penetration
upon the Frontage Road. Alternative access points and private parking relocation, where
feasible, should be considered to further reduce traffic conflicts in the Village.
o Sfar7Response:
The redevelopment of the Vail Plaza Hotet witt increase vehicular traffic in the Main Vait
RoundaboutandonVail Road. Asaconditionofapproval pursuanttoOrdinanceNo.2l ,
series of 2001 , the applicant is obligated to construct improvements to the south
Frontage Road and vail Road. Due to the net reduction in the various uses on the
development staff anticipates a minimal reduction in vehicte trips. The minimal reduction
in trips does nof alter the traffic improvements required of the developer. Staff feels the
applicant has addressed frarTic issues to the extent posslb/e.
F. BUILDING HEIGHT
Vail Village is perceived as a mix of two and three story facades, although there are also
four and five story buildings. The mix of building heights gives variety to the street, which
is desirable. The height criteria are intended to encourage height in massing variety and
to discourage uniform building heights along the street.
r SfaffResponse:
No changes to the allowable building height are proposed, nor should any be
approved.
H. SERVICE AND DELIVERY
Any building expansion should preserve the functions of existing service alleys. The few
service alleys that exist in the village are extremely important tominimizing vehicle
congestion on pedestrian ways. The use of, and vehicular access to, those alleys should
not be eliminated except where functional alternatives are not provided.
In all new and remodeled construction, delivery which avoids or reduces impacts on
pedestrian ways should be explored; and adopted whenever practical, for immediate or
future use. Rear access, basement and below ground delivery corridors reduce
15
E.
F.
congestion. Weather protection increases delivery efficiency substantially.
Below grade delivery corridors are found in a few buildings in Vail Village (SitsmarUGore
Creek Plaza, Village Center, Vail Village Inn). Consideration should be given to
extending these corridors, where feasible, and the creation of new ones. As buildings
are constructed or remodeled, the opportunity may exist to develop segments of a future
system.
. Starf Response;
Through the course of sfaffs oiginal review of the vait Plaza Hotel redevelopment
proposal, several loading and delivery options were explored.
The applicant had originally proposed to provide far fewer berths than what the cunent
approval requires. Ihe current approval requires five berths. The five befths will be able
to be utilized by the entire vail village lnn Plaza and are connected vra a senbs of
elevators and below grade service areas. The seruice areas are located away from
areas of major pedestian activity. The main service area is adjacent to the south
Frontage Road in an enclosed facility. The centralized appraach to this facility is
unprecedented in Vail. The applicant has redesigned and reconfigured the entry to the
Ioading and delivery area of the building. While there appears to be several advantages
to the new design, staff recommends that the developer addresses the 73 rssues
identified in the memorandum from The Town of vail Public works Depaftment, dated
June 7, 2004, prior ta receiving a final recommendation from the Planning and
Environmental Commission for this major amendment application.
ldentification and mitigation of natural and/or geologic hazards that affect the
property on which the special development district is proposed.
According to the Official Town of Vail Hazard maps the Vail Plaza Hotel development site
is not located in any geologically sensitive areas or the 100-year floodplain.
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.
The site plan, building design and location, and the open space provisions designed to
produce a functional development responsive and sensitive to natural features,
vegetation and overall aesthetic quality of the community remain largely unchanged with
this major amendment. The most significant changes to the site plan includes the
following two aspects; 1) vehicular access to the site from Vail Road, and 2) the design
and layout of the outdoor pool area. Vehicular access is now limited to one point of
ingress/egress with the resulting necessary vehicular circulation occurring within the
property lines. As approved, two curb cut were to be provided on Vail; one for ingress to
the porte cochere and underground parking structure and a second forexiting the
property. overall, staff believes that the proposed major amendment complies with the
criteria as outlined above.
t6
G.A circulation system designed for both vehicles and pedestrians addressing on
and off-site traffic circulation.
The redesigned on-site/off-site vehicular and pedestrian circulation system design has
been discussed in great detail. The Board and Commission centered their discussions
on providing adequate pedestrian and vehicular access to & from and within the
development site. ln response to the concems, the applicant has redesigned many
areas of the plan. The pedestrian areas include the pedestrian connection through the
hotel to the Gateway Building, the alleyway spaces between the hotel and Phases lll & V,
the plaza area south of the hotel, and the pedestrian link from the hotel entrances to the
new bus stop on East Meadow Drive. The vehicular areas included providing adequate
turning and maneuvering area at the porte cochere, the entrance only and exit only
driveway locations on Vail Road and the entering and exiting design of the loading/
delivery facility.
Pursuant to the submittal requirements for the previous major amendment request, the
applicant was required to submit a Traffic Report. A Traffic Report was prepared by the
traffic consulting firm of Felsburg, Holt & Ullevig. The purpose of the report was to
evaluate the impacts of the hotel development and the proposed trafiic pattern circulation
on the Town's street system. This report was used by staff to analyze traffic impacts of
this project. In summary the transportation engineers found that the proposed vehicular
circulation system is reasonable and appropriate. lt is believed that through minor
mitigation measures such as signage and an "enter only/exit only''design the traffic
impacts and safety concerns of the Town can be resolved.
overall, staff believes that with several minor changes and revisions to the plans, the
proposal meets the criteria of providing adequate on-site and off-site vehicular and
pedestrian circulation systems. Again, however, staff recommends that the developer
addresses the 13 issues identified in the memorandum from The Town of vail public
works Department, dated June 7, 2004, prior to receiving a final recommendation from
the Planning and Environmental commission for this major amendment application.
Functional and aesthetic landscaping and open space in order to optimize and
preserve natural features, recreation, views and functions.
Since the adoption of the approved development plan the applicant has submitted a final
landscape plan to the Town of Vail Community Development Department for review and
approval of the plan by the Design Review Board.
Staff believes that the landscape improvements proposed will be beneficial to the quality
of the landscaping in both the public and private spaces in the vicinity of the hotel.
Through the implementation of the Town of Vail streetscape Master plan, a portion of
East Meadow Drive will be enhanced aesthetically. The improvements will include new
lleated brick paver walkways, the completion of the bus stop, updated streetscape
lighting, and wider pedestrian walkways and stairs.
The landscape elements of the proposal have been reviewed on a conceptual basis by
the Town of Vail Design Review Board. upon review of the proposal the Board has
voiced a favorable response to the applicant. A final landscape plan shall be reviewed
and approved by the Design Review Board prior to the issuance of a building permit. The
design of the plaza area south of the hotel is consistent the previous direction and intent
H.
-1 1
vil.
of the overall development of the District. The creation of the plaza, with the associated
pool area, landscaping, outdoor caf6, pedestrian walkways and retail store fronts
complies with the guidelines of the Open Space Plan, an element of the Vail Village
Master Plan. Pursuant to the Open Space Plan, the area south of the hotel and interior
to the development is intended to be a public plaza with greenspace opportunities. Staff
believes that based upon the sun/shade analysis prepared by the applicant, the plaza
area will receive adequate amounts of sun light throughout the year. The access to sun
light wif l insure a pleasant, useable plaza area in the Town.
The proposed pool and hot tub deck area is intended to address the recreational needs
of the District. The use of these recreational amenities will be made available to the
owners of property within the District. The new pool will replace the existing pool on the
Phase lV development site and will insure consistency with the general direction of the
Open space Plan.
Overall, staff believes that the proposal complies with this criteria.
Phasing plan or subdivision plan that will maintain a workable, functional and
efficient relationship throughout the development of the special development
district.
ln accordance with Ordinance No. 21 , Series of 2001 , Section 5, in part, " . ..the phasing
of the construction of the hotel shall not be permitted.'l the applicant is not requesting
approval to phase the construction project. A construction staging plan will be required
at the time of building permit issuance. The plan will be reviewed to maximize the
workable and functional relationship between the redevelopment of the hotel and the
existing uses, structures and traffic systems in the vicinity of the development site. The
goal of the plan will be maximize the efficiency of the construction process and to
minimize the negative impacts inherent to major construction projects.
OUTSTANDING ISSUES
staff has identified a number of outstanding issues that need to be addressed by the
applicant. Staff is recommending that each of the issues identified in this section of the
memorandum be addressed by the applicant prior to the Planning and Environmental
commission fonrvarding a recommendation to the Vail rown council on the proposed
major amendment. Included in the list of issues are several of the existing conditions of
approval, as outlined in Section 5, Ordinance No. 21, Series of 2001.
. submit revised plans to the Town of Vail community Development Department for
review and approval of the thirteen (13) issues identified in the letter from the Public
Works Department, dated June 7, 2004.
r 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.
. That the Developer submits a complete set of plans to the colorado Department of
Transportation for review and approval of an access permit.
r That the Developer submits a complete set of plans responding to the design
18
concerns expressed by Greg Hall, Director of Public Works & Transportation, in his
memorandum to George Ruther, dated 12113199. The drawings shall be submitted,
reviewed and approved by the Town Engineer, prior to final Design Review Board
approval.
. That the Developer submits a final exterior building materials list, a typical wall
sections, architectural details and a complete color rendering for review and approval
of the Design Review Board.
r That the Developer submits a roof-top mechanical equipment plan for review and
approval of the Design Review Board. 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 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.
r 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.
o That the Developer redesigns the proposed elevator tower to create an architectural
feature atop the tower and revises the proposed building elevations and roof plan,
prior to final review of the proposal by the Design Review Board. The Board shall
review and approve the revised design.
r 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 addresses the issues identified by the Community Development
Department as rediined revisions on the proposed major amendment application
submittal plans.
VIII. STAFFRECOMMENDATION
The Community Development Department is recommending that the Planning and
Environmental Commission tables the request for a major amendment to Special
Development District #6 to allow for redevelopment of Phase lV of the Vail Village Inn.
Staff's recommendation for tabling is based upon the review of the criteria outlined in
Sections V & Vl of this memorandum and the list of outstanding issues outlined in
Section Vll of this memorandum. While staff believes that the proposal is in general
compliance with the nine design criteria, as identified in this memorandum, we believe
that the outstanding issues must be addressed by the applicant prior to the Planning and
Environmental Commission making a recommendation on this application to the Vail
Town Council. r.
In reviewing the proposal, staff identified a number of pros and cons that we believe are
79
associated with the amended hotel proposal. The list includes, but is not limited to, the
following:
PROS
o The presence of economic redevelopment in Vail.. An increase to the Town's supply of hotel beds and an increased level of quality.. The implementation of the Town's development goals, objectives, and policies.. The creation of new, deed restricted employee housing to offset the housing impacts
associated with the hotel.r The elimination of an unsightly surface parking lot.. The completion of the final phase of the Vail Village Inn Special Development District.r The construction of new conference and meeting room facilities within the Town.. The construction of public improvements funded with private dollars.. The potential increases in sales tax revenue.r An increased amount of public open space.. An improved and updated loading/delivery facility which is relocated from Vail Road.. The provision of 18 on-site employee housing units.
CONS
r Increased vehicular traffic on Vail Road.. Deviations from the underlying zoning development standards are required.r The bulk and mass of the new hotel is significantly greater than the sizes of buildings
presently on the development site.. There are increased impacts of shading on public areas.o The conference and meeting room facilities are potentially under-sized.. Additional views of Vail Mountain from public areas will be negatively impacted.. Only a poftion of the dilapidated plaza paver surface is being replaced and improved.r Increased loading/delivery truck traffic on Town streets.. There is only a marginal net increase of true accommodation units over what exists
today.r An eighteen to twenty-four month construction process (noise, construction traffic,
etc).
Should the Planning & Environmental Commission choose to recommend approval of the
requested major amendment to the Vail Town Council, staff would recommend that the
Commission make the following finding:
"That the proposed major amendment to Special Development District #6, Vait
Village lnn, complies with the nine design citeia ouilined in Section 12-9A-B of
the Town of Vail Municipal Code. The applicant, as required, has demonstrated
to the satisfaction of the Commission that any adverse effects of the requested
deviations from the development sfandards of the undertying zoning are
outweighed by the public benefits provided or has demonstrated that one or more
of the development standards is not applicable, or that a practical solution
consislenf with the public interest has been achieved. Fufther, the Commission
finds that the requested conditional use permit to altow for the operation of a
fractional fee club complies with the appticable citeria and is consistent with the
development goals and objectives of the Town. Lastly, public notice of this public
20
heaing has been sent fo adjacent propefi owners and pubtished in a local
newspaper of record in accordance with Section 12-J-6C of the Town Code."
Should the Planning & Environmental Commission choose to recommend approval of the
requested major amendment, staff would recommend that the approval carry with it the
following conditions:
1. That the Developer provides a centralized loading/delivery facility for the use of all
owneG 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, service corridors,
etc., may be made available for public and/or private loading/delivery programs,
sanctioned by the Town of Vail, to mitigate loading/delivery impacts upon the Vail
Village loadingldelivery system. The use of the facility shall only be permitted upon a
finding by the Town of Vail and the Developer that excess capacity exists. The
Developer will be compensated by the Town of Vail and/or others for the common
use of the facility. The final determination of the use of the facility shall be mutually
agreed upon by the Developer and the Town of Vail.
1. That the Developer submits detailed civil engineering drawings of the required off-site
improvements (street lights, drainage, curb and gutter, sidewalks, grading, road
improvements, etc.) as identified on the off-site improvements plan to the Town of
Vail Public Works Department for review and approval, prior to application for a
building permit.
2. The sdd approval time requirements and limitations of Section 12-gA-12 shall
continue to apply to Ordinance No. 7, Series of 2003 (September 4, 2004). ln
addition, the phasing of the construction of the hotel shall not be permitted.
3. 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 hotel:a. An Erosion Control and Sedimentation Plan;b. A Construction Staging and Phasing plan;
c. A Stormwater Management Plan;d. A Site Dewatering Plan; ande. A Traffic Control Plan.
4. That the Developer records public pedestrian easements between the hotel and the
Phase lll condominiums, between the hotel and the phase V Building, and along the
Vail Road frontage. The easements shall be prepared by the Developer and
submitted for review and approval of the Town Attorney. The easements shall be
recorded with the Eagle County Clerk & Recorder's Office prior to the issuance of a
Temporary Certificate of Occupancy.
5. That the Developer records a deed-restriction, which the Town is a party to, on the
Phase lV property prohibiting the public use of the spa facility in the hotel. said
restriction may be revoked if the Developer is able to demonstrate to the 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.
27
6. 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 Certificate of Occupancy.
7. That the Developer posts a bond with the Town of Vail to provide financial security for
the 125o/o of the total cost of the required off-site public improvements. The bond
shall be in place with the Town prior to the issuance of a building permit.
8. 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.
9. 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
Plaza Hotel to resolve potential loading and delivery concerns at the Gateway. lf a
coordinated effort can be reached the Developer shall submit revised plans to the
Town of Vail Community Development Department for review and approval, prior to
the issuance of a building permit.
10. 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.
IX. ATTACHMENTS
Attachment A - Vicinity map illustrating the location of the proposed amendment.
Attachment B - summary of the proposed amendments to the plans from Tim Losa,
Zehren and Associates, Inc., dated May 6, 2004.
Attachment C - A complete set of reduced plans.
Attachment D - A copy of the Vail Plaza Hotel Proposal Comparison. dated June 14,
2004.
Attachment E - A copy of the Vail Plaza Hotel Zoninq Analvsis, dated June 14, 2004.
Attachment F - Letters from Public Works dated June, 7 2004, and December 1 3. 1999.
ZZ
From: Chad Salli
Date: June 7,2004
Subject Vail Plaza Hotel
After reviewing the submitted plans for the Vail Plaza Hotel site, Public Works comments are as
follows:
1. Double check survey information to make sure they are all on the same datum2. Provide centerline profile of all access points
3. S. Frontage Rd: C-DOT access permit is required for access, concern (left out accident
history) exists in maintaining this access as full movement with the close proximately to
the main Vail roundabout, right in/right out only movement may be required, landscaped
median required, 6' heated brick paver walk with curb & gutter required from Vail Rd to
east side of building to the east (Village Inn Plaza), 6' concrete walk with curb & gutter
from Village Inn Plaza to Village Center intersection. Plan and profiles will be required4. Vail Rd: left tum is only to serve the Vail Plaza Hotel access, no median on Vail Rd
required, 6' heated brick paver walk required from S. Frontage Rd to Meadow Dr. Plan
and profiles will be required
5. Meadow Dr: Streetscape improvements required per East Meadow Dr plans
6. ls access to building to the east still going to be provided thru the loading/delivery area?
lf not, how is access going to be maintained and is access easement going to be
vacated?
7. Loading/delivery area is to serve the buildings to the south via a tunnel, please show how
this is to function.
8. Loading/delivery area is to serve the building to the west, please show how this is to
function.
9. Please show circulation and turning movements for the loading/delivery area, all turning
movements must be done entirely on site.
10. Grading and drainage plan needed.
1 1. Sediment and erosion control plan needed.
12. vehicular circulation in the porte-cochere should be counter-clockwise for driver
expectancy
13. Incorporate public art into development work with AIPP Board and Coordinator
Should you have any questions, feel free to give me a call 926-216g.
a2
Memorandum
To: George Ruther, Senior Special Projects planner
From: Greg Hall, Director of Public Works and Transportation
Subject Vail Plaza Hotel - Review of the November 23. 1999 plans
Date: December 13. 1999
I have completed my review of the Vail Plaza Hotel and have the following comments and
concerns. some of these are truly comments, which should be corrected as the project
progresses through the development process, and others are concems or conditions, which
shall be taken care of at the appropriate times in the process.
The following corrections to the plans are required:
o The scale stated on the site illustrative plan is inconect, please label conectly.o Sheet-Level Minus Two, the elevation of the ramp from above proceeding to the 6 o/o erade
at the lowest level is not 145' as indicated.n Provide the slope (%) of the parking area in the lowest valet area and the location where the
grades change from 128' to 1 30'.o Please show all access points and doorways to elevators and hallways. Specifically, access
to the elevators in the Level Minus Two, this may cause valet spaces to be eliminated.
Access to the small elevator lobby from the loading berth, and access from the loading berth
to the freight elevators. The exact location of the garage door into the Phase lll parking
structure. Show the staging area in front of the freight elevator and how this may impact
access to Phase lll and the safety of those using the elevator. Show the location of the trash
pickup.a The eastside curb alignment of Vail Road is shown per the survey. However, there appears
to be one shot out of line, this causes a jog right at the hotel entry, which doesn't exist.'The
curb moves one foot at this location.s The widths of Vail Road, the South Frontage Road and East Meadow Drive along with the
exact locations of the curbs of the roundabout and median islands and opposite side of the
street will need to be shown accurately prior to first reading before the Town Council.
lssues for Discussion
There has been significant discussion with regards to whether a left-turn lane is required on Vail
Road. The hotel location as it is presently designed would not have to move if the desire for a
left-tum is there. A pedestrian easement would be required to push the walk east to make room
for the additional 12' lane. Virtually all of the landscaping on the east side of the road would be
lost. A space of 3' to 1 1' wide as you go north would exist on the south building and the space
would be 8' to 15' along the north building.
The need for a left-turn lane was specifically reviewed and evaluated by the traffic consulting
firm of Felsburg, Holt & Ullevig. In the Traffic Report prepared by the cbnsulting engineer, i-he
.A
engineer has stated that based upon traffic projections, vehicles "backing up" into the
roundabout traffic would not occur.
A review of the roundabout design with regards to Vail Road trafiic determined that at current
volumes, there is a flow of 321 vehicles in the AM peak hour with a capacity to take 1501
vehicles and a maximum queue of 1 vehicle, in the PM peak flow was 484 vehicles with a
capacity to take 1423 vehicles and a maximum queue of 2 vehicles.
The roundabout design allows for a 50% increase in peak flows with the AM having a peak hour
flow of 481 vehicles with capacity of 1172 vehicles with a maximum queue of 2 vehicles. The
PM peak flow would be 735 vehicles with a capacity of 1055 vehicles and a maximum queue of
7 vehicles. This queue does not impact the entry into this site.
The Vail Plaza Hotel Traffic Report states the current northbound traffic volume of Vail Road is
695 vehicles. The added trips to Vail Road will be approximately 57 trips in and 40 trips out,
during the peak PM period. They also analyzed that the trips were turning in against g00
vehicles verses the 735 trips. As estimated in the future roundabout calculations.
The second issue is that the loading bay requirements for the site were to accommodate the
turning maneuvers of a 30' single axle truck, a 45' over the road coach and a S0-foot semi
tractor trailer on-site, and to additionally to allow a 65' semi tractor trailer to maneuver without
impeding the flow of traffic on the South Frontage Road. The applicant has provided an access
and maneuverability plan, which illustrates that the maneuvering of the vehicles takes place
partially off-site, in the right-of-way. However, no backing motions occur across any sidewalks
and the traffic flow on the South Frontage Road is not impeded. Extending the proposed South
Frontage Road median through this access point could solve the question of the left turn out for
the frontage road access. lt would be desirable to at least provide a left tum pocket east bound
somewhere in the frontage road to allow U-turns of passenger cars at a point that is determined
appropriate. This is most likely at Village Center Chute. The landscape median would need to be
extended the entire length to ensure this takes place where determined.
This entire access plan on the frontage road will require a colorado Department of
Transportation revised access permit. The transportation engineers at CDOT have the authority
to decide howthe access functions.
lmprovements and Gonditions
. The required improvements for this development are a 6' heated paver walkway from the
east property line of the SDD to the Gateway Building. In addition any revisions to the curb
will require new curb and gutter and modifications or additions to the storm sewer system.
The extension of Village-style street lights is also required. Any necessary modificjtions to
utilities, landscaping, irrigation systems and required retaining walls shall be the
responsibility of the developer. The walkway will be delineated in pavers across the
driveways behind the cross pans.
' Frontage Road landscape medians to include curb and gutter, concrete unit paver aprons,
any masonary rock walls, plant material, bedding mix to TOV specifications, and irrigation
system and water connections and sleeves.
25
lmprovements to Vail Road include a heated 8' paver walkway from the Gateway Building
property to East Meadow Drive. All additional improvements to allow for this to take place as
similarly as stated above for the frontage road are also the responsibility of the developer.
In addition, adding curb, gutter and a 6' concrete walk from the east property line of the SSD
to and around the curb return of Village center chute on the south Frontage Road. Any
modifications to the drainage system to accomplish this work are considered the requirement
of the curb. Work such as retaining walls and utility modifications are the responsibility of the
Town of Vail.
Details of the improvements from Vail Road to the west edge of the Phase I building (Base
Mountain Sports) along with the improvements of the bus stop along East Meadow Drive are
as follows a heated paver walkway attached to the street and bus stop along with all
modifications to drainage, utilities, retaining walls, drainage systems, irrigation, landscape
modifications street lighting and any adjacent property improvements impacted.
The orange street lights existing along the entire length of East Meadow Drive shall be
changed to the Village-style street light fixture. This installation shall be completed by the
developer.
A final grading and drainage plan be prepared and alt drainage systems carrying runoff from
public right of ways require drainage easements. The final grading plan will have all grades
to the tenth of a foot .
A final landscape plan showing sight distances, snow storage areas, and all existing
vegetation impacted.
The entire building will require a guttering system , heat tape and piping to the storm sewer
to be provided.
That snow shedding is addressed for the entire building.
The pedestrian walks along Vail Road and the other pedestrian mews are established as
public pedestrian easements.
Complete civil-engineered plans are approved prior to submitting for the building permit.
25
Lot Size:1.467 acres or 63,902.5 sq. ft.
(Phase lV and lV-A only)
3.45 acres or 150,282 sq. ft. (All
Phases)
Development
Standard
Underlying Zoning
Public Accommodation
Ex
VailVillaE
Lot Area:10,000 sq. ft. min.150,282
GRFA:up to 150% or 225,423 sq. ft.84o/o or 126,659 s
(90,021 sq. ft. to remain ol
(36,638 sq. ft. to be demoli
Dwelling Units
per acre:
25 dulacre or 86 units
(AUIFFU/EHU unlimited)
13.3 du/acre or 4€
Site Coverage:65% or 97,683 sq. ft.37o/o or 56,188
Setbacks:
front:20'
sides:20'
rear:20'
Height:48'sloping 68'sloping (Pha
2"t
o
Parking:per TOV Code Section (373 required at bui
per
Loading:per TOV Code Section 3l
Commercial
sq. footage:
10% of allowable GRFA
or 22,542 sq.ft.
30% of t
or 38,261 sr
Notes:
* Includes GRFA
added (2,132 sq.ft.)
for Alpenrose
amendment in June
2003** Reflects 700 sq. ft.
of restaurant area
removed with
Alpenrose
amendment in June
2003 and 4,500 sq. ft.
in Craig's Market
being demolished.
2B
o
Development
Standard
Approved 2001 SDD
Major Amendment
Proposed 2004 SDD
Major Amendment
Lot Area:150,282 sq. ft.150,282 sq. ft.
GRFA:122% or 183,851 sq.ft."125o/o ot 188,795 sq. ft.*
Dwelling Units
per acre:
13.3 du/acre or 46 units 13.33 du/acre or 46 units
Site Coverage:610/o or 92,036 sq. ft.610/o ot 92,036 sq. ft.
Setbacks:
front:16',16'
sides:5"2"&0'5"2"&0'
rear:5'5'
Height:77.25'sloping
99.75'(tower)
77.25'sloping
99.75'(tower)
Parking:287 parking spaces
(249 new parking spaces)
(38 existing @ Phase lll)
249 parking spaces
(211 new parking spaces)
(38 existing @ Phase lll)
29
Loading:
Commercial
sq. footage:
24% of GRFA
or 44,528 sq.ft.**
21o/o of GRFA
or 39,726 sq. ft."*
Conference Space:15,130 sq. ft.12,821 sq. ft.
Common Areas:221,070 sq. ft.178,008 sq. ft.
TotalGross
Floor Area:
379,857 sq. ft.319,237 sq. ft.
Notes:
* Includes GRFA
added (2,132 sq.ft.)
for Alpenrose
amendment in June
2003** Reflects 700 sq. ft.
of restaurant area
removed with
Alpenrose
amendment in June
2003
and 4,500 sq. ft. in
Craig's Market being
demolished.
30
T
T IIOdKil T'APII.[A, AIDPICTT TrutPN
Professional Corporatior
ATTORNEYS ATLAW
200 Crand Avenue, Suitc 400
Post Olfice Box 40
Grand Junction, Colorado 81502
Teiephone (9?0) 2424903
Facsimne (970) 241-3760
Gregory K. Hoskin
Terance L. Farina
Fredcrick G Aldrich
Gregg K. Kampf
David A. Young€r
. David M. Scalrga
Michael J. Russell
John T. Howe
John A Srddeek
Laurie A. Crihill
Bnrdin Hay
David M. Dodero
Antirony F. Prinster
OfCoursel
William H. Nelson
(1926-1992)
G@PV
Lorelei Donaldson, Town Clerk
Town of Vail
75 South Frontage Road
Vail, Colorado 81657
Depar"tment of Community Development
Attn: Planning and Environmental Services
Town of Vail
75 South Frontage Road
Vail, Colorado 81657
Department of Community Development
Athr: Charlie Davis, Chief Building Offrcial
Building, Safety and Inspection Services
Town of Vail
75 South Frontage Road
Vaii, Colorado 81657
Major Amendment to SDD No. 6, Vail Village Inn, Phase IV
Vail Plaza Hotel - Developer Dalrner Corporation, N.V.
Dear Sir/lVladam:
Please note for your records that this law firm has been asked to represent the interests
of Village Inn Plaza Condominiums, Phase I, Phase II, Phase III, and Phase V, in regard to the
abov e-referenced proj ect.
We have recently received correspondence frorr Dayrner Corporation, N.V., advising us
that it intends to start construction of the Vail Plaza Hotei on the Vaii Village Inn site. Da)'mer
is also requesting a "Lateral Shoring" agreement prior to the commencement of construction.
We believe, but are not certain, that the "LateraT Shoring" agreement requested by Dalmer is
intended to address issues'arising from excavation at the site of the new hotel. I{owever, the
parties have not yet reached a mutually acceptable Lateral Shoring agl eelnent as of the date of
witins this letter.
August 18,
Re:
't
I,l
PageZ
August 18,2004
We are writingthis letter to request that no buildingpermit be issued for any construction
that would entail the excavation of the Vaii Village Inn site until the Village Inn Plaza
Condominiums Phases I, II, III and V have reached an acceptable agreement regarding "Lateral
Shoring" and lateral support in connection with all excavation activities. We are sure you can
appreciate the potentialiy catastrophic risks that result from a failure of lateral suppofi. Hence,
the Condominium Association will need to carefully review Dalnner's engineering and secure
adequate protection for the proposed development.
Very truly yours,
HOSKIN, FARINA, ALDRICH & KAMPF
Professional Corporation
-tt'--\\:'-':'-'u - ec- <=)
FnrnezucgG. ALDRTcH
FGAjhc
cc: Joe Weinstein (Village Inn Plaza Condominiums Phase IIi)
Joe Stauffer (Village Inn Plaza Condominiums Phases I, II and V)
Da5'rner Corporation
ORDINANCE NO.l6
SERIES OF 2OO4
AN ORDINANGE REPEALING ORDINANCE NO. 21, SERIES OF 2001, ADOPTING A
REVISED APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT
NO. 6, VAIL VILLAGE INN, PHASE IV, TO ALLOW FOR THE CONSTRUCTION OF THE
VAIL PLAZA HOTEL; AMENDING ORDINANCE NO.7, SERIES OF 2003, EXTENDING
THE EXPIRATION DATE OF THIS APPROVAL FROM SEPTEMBER 4,2OO4,TO
NOVEMBER 15,2004;AND SETTING FORTH DETAILS lN REGARD THERETO.
WHEREAS, ln 1976, the Vail Town Counciladopted Ordinance No. 7, Series of 1976,
establishing Special Development District No. 6, Vail Village Inn; and
WHEREAS, Section 12-94-1 0 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 submitted an
application for a revised major amendment to Special Development District No. 6, Vail Village Inn,
Phase lV: 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 to amend the expiration date of this major amendment approval; and
WHEREAS, 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 with the provisions outlined in the Zoning Regulations, the
Planning & Environmental Commission held a public hearing on the major amendment application;
and
Ordinance No. 16, Series of 2004
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 Vail
Town Council; and
WHEREAS, all public notices as required by the Town of Vail Code have been published and
sent to the appropriate parties; and
WHEREAS, the Vail Town 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, Vail Plaza Hotel; and
WHEREAS, the approval of the major amendment to Special Development District No. 6,
Vail Village 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 TOWN COUNCIL OF THE TOWN OF
VAIL, COLOMDO, THAT:
Section 1. Purpose of the Ordinance
The purpose of Ordinance No. 16, Series of 2004, is to repeal Ordinance No. 21, Series of 2001 and
adopt a revised Approved Development Plan for Special Development District No. 6, Vail Village lnn,
Phase lV, Vail Plaza Hotel and to amend Ordinance No. 7, Series of 2003. 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 othenrise expired.
Only the Approved Development Plan for Phase lV, the Vail Plaza Hotel is hereby amended and
adopted.
Section 2. Amendment Procedures Fulfilled. Planninq Gommission Report
The approval procedures described in Section 12-9A of the Vail Municipal Code have been fulfilled,
Ordinance No. 16, Series of 2004
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, Vail Village 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 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 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, Vail Village Inn, Phase lV,
Vail Plaza Hotel shall include the following plans and materials prepared by Zehren and Associates,
f nc., dated July 6, 2004 and stamped approved by the Town of Vail, dated July 2O,2004:
(as may be further revised by the Town of Vail Design Review Board)
A. Site lllustrative Plan
B. Site Vignettes Key Plan (noted "forl/ustration purposes only')
C. Site Mgnettes
Ordinance No. 16, Series 0f2004
D. Site Plan (revised)
E. Level Minus Two
F. Level Minus One
G. Level Zero
H. Level One
l. Level One & 1/2
J. Level Two
K. Level Three
L. Level Four
M. Level Five
N. Level Six
O. Roof Plan
P. Roof Plan (Mechanical Equipment)
O. Street Sections (Vail Road Elevation/North Frontage Road Elevation)
R. Plaza Sections (South Plaza Elevation/East Plaza Elevation)
S. Building A Elevations
T. Building A Sections
U. Building B Elevations
V. Building B Sections
W. Building Height Plan 1 (Absolute Heights/lnterpolated Contours)
X. Building Height Plan 2 (Maximum Height Above Grade/lnterpolated Contours)
Y. Pool Study (Pool Sections)
Z. Vail Road Setback Study
Ordinance No. 16, Series of 2004
AA. Loading and Delivery plan
BB. Street Entry Studies (Vail Road/South Frontage Road)
CC. Sun Study
DD. Landscape lmprovements Plan
EE. 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 of the 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.
Density* Uni/s per Acre - Dwelling Units, Accommodation Units, & Fractional Fee CIuh Units
The number of units permitted in Phase lV shall not exceed the following:
Dwelling Units - 1
Accommodation Units - 100
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 foolage permitted for
Phase lV shall be as set forth in the Approved Development Plans referenced in Section 4 of this
ordinance.
Ordinance No. '16, Series of 2004
Setbacks-
Required setbacks for Phase lV shall be as set forth in the Approved Development Plans 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-street 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.
In no instance shall Vail Road or the South Frontage Road be used for loading/delivery or guest
drop-off/pick-up without the prior written approval of the Town of Vail. The required parking spaces
shall not be individually sold, transferred, 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
Ordinance No. 16, Series of 2004
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 Aqreements for Special Development District No. 6. Phase lV. Vail
Plaza Hotel
1. That the Developer coordinates efforts with the owners of the Gateway Building, Phase ll,
Phase lll and Phase V to create a below ground accessway for loading and delivery to
the adjoining properties within the District from the Vail Plaza Hotel to resolve potential
loading and delivery concerns. 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. The intent of this condition is to
create an interconnected underground loading and delivery system accessible to all of
Special Development District No. 6, Vail Village Inn.
2. That the Developer submits detailed civil engineering drawings of the required off-site
improvements (street lights, drainage, curb and gutter, sidewalks, grading, road
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.
3. 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
hotel:
a. An Erosion Control and Sedimentation Plan;
b. A Construction Staging and Phasing Plan;
Ordinance No. 16, Series of 2004
c. A Stormwater Management Plan;
d. A Site Dewatering Plan; and
e. A Traffic Control Plan.
4. 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.
5. That the Developer records a deed-restriction, which the Town is a party to, on the Phase
lV property prohibiting the public use of the spa facility in the hotel. Said restriction may
be revoked if the Developer is able to demonstrate to the 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.
6. 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 Certificate of Occupancy.
7. That the Developer posts a bond with the Town of Vail to provide financial security for the
125% 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.
8. That the Developer, in cooperation with the Town of Vail Public Works Department to
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
Ordinance No. 16. Series of 2004
I
construction shall be completed prior to the issuance of a Temporary Certificate of
Occupancy.
9. 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, service corridors, etc.,
may be made available for public and/or private loading/delivery programs, sanctioned by
the Town of Vail, to mitigate loading/delivery impacts upon the Vail Village
loading/delivery system. The use of the facility shall only be permitted upon a finding by
the Town of Vail and the Developer that excess capacity exists. The Developer will be
compensated by the Town of Vail and/or others for the common use of the facility. The
final determination of the use of the facility shall be mutually agreed upon by the
Developer and the Town of Vail.
10. 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.
11. That the Developer records 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.
12. That the required Type lll deed-restricted employee housing units not be eligible for
resale and that the units be owned and operated by the hotel and that said ownership
shall transfer with the deed to the hotel property.
Ordinance No. 16, Series of 2004
13. That the Developer submits a copy of an approved access permit form the Colorado
Department of Transportaiion verifying acceptance of the access points illustrated, as
designed, on the Approved Development Plan, dated July 6,2004.
14. That the Developer shall contribute a one time payment to the Town of Vail in the amount
of $35,000 for the East Meadow Drive Art in Public Places archway project as a means of
mitigating development impacts associated with the construction of the Vail Plaza Hotel.
Said payment shall be submitted to the Town of Vail Public Works Department, prior to
the issuance of a building pennit for the Vail Plaza Hotel. Should the Town fail to
commence with the design and construction of the East Meadow Drive Art in Public Place
project by August 1, 2006, the one-time payment of $35,000 shall be refunded to the
Developer.
Section 6. Approval Expiration: Time Limitations
The SDD approval time requirements and limitations of Ordinance No. 7, Series of 2003, shall be
amended to cause this major amendment to become null and void should the Developer fail to obtain
a building permit from the Town of Vail Community Development Department by November 15, 2004.
The phasing of the construction of the hotel shall not be permitted.
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 affect the validity of the remaining portions of this ordinance;
and the Town Council hereby declares it would have passed this ordlnance, 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.
Ordinance No. 16. Series of 2004
10
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 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 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 READING this 6'h day of July, 2004, and a public hearing for second
reading of this Ordinance set for the 20th day of July, 2004, in the Council Chambers of the Vail
Municipal Building, Vail, Colorado.
Rodney E. Slifer, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20th day of
July,2004.
Ordinance No. 16. Series of2004
11
Rodney E. Slifer, Mayor
ATTEST:
Lorelei Donaldson. Town Clerk
Ordinance No. 16. Series of2004
12
\;
ORDINANCE NO.1
SERIES OF 2OOO
AN. ORDINANCE ADOPTING AN APPROVED DEVELCDEVELopMENT DrsrRrcr No. s, vnrr_ vri_a-oe rrvr,r,CoNSTRUCTION OF THE VAIL puzl Hor - - - -
REGARD THERETO.
WHEREAS, In 1976, lhe Vail Town Council adopted
establishing Special Devetopment District No. 6, Vait Village Inn;
WHEREAS, Section 12-9A-10 of the Zoning Regulations
previously Approved Development plans for Soecial
WHEREAS, Waldir prado, dba Daymer Corporation. as
submitted an application for a major amendment to Soecial
Inn, Phase lV: and
WHEREAS, the purpose of this ordinance is to adopt an
Vail Village Inn Special Development Dislrict, phase lV to allow
Hotel; and
WHEREAS, the proposed major amendment to the Special
best interest of lhe town as it meets the Town,s development
Vail Comprehensive plan: and
WHEREAS, in accordance with the provisions ouflined in
Planning & Environmental Commission held a public hearing on
and
WHEREAS, the planning & Environmental Commission
for a major amendment and has submitted its unanimous
Town Council; and
WHEREAS, all notices as required by the Town of Vail M
the appropriate parties; and
WHEREAS, the Vail Town Council considers it in the best
safety, and welfare lo adopt and re_establish the Approved
Development District No. 6, Vail Vi age Inn, phase tV, Vail plaza
Ordlnanc. 1, Seri€s ot 2OOO
ano
ENT PLAN FOR SPECIAL
E IV, TO ALLOW FOR THE
FORTH DETAILS IN
No. 7, Series of 1976,
major amendments to
Districts; and
of the Phase lV property, has
District No. 6, Vail Mllage
Development Plan for the
the construction of the Vail plaza
Development District is in the
as identified in the Town of
Zoning Regulations, the
major amendment application;
reviewed the prescribed criteria
of approval to the Vail
Code have been sent to
of the public heatth,
Plan for Special
adopted.
Section 2.
O.dinanco 1, S€ri€s of 2OOO
No. 6, Vail Village Inn, phase lV.
o
\Mereas, lhe approval of the major amendment to Development District No. 6, Vail
Village Inn, Phase lV, Vail plaza Hotel and the development in regard thereto shall not
establish precedence or entiflements elsewhere within the Town Vail.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN
VAIL, COLORADO, THAT:
Section 1. Purnose ofthe Ordinance
The purpose of Ordinance No. 1, Series of 2000, is to adopr
Special Development Distriot No.6, Vail Village lnn, phase
Development Plans for phases l, lll & V remain approved ano for the development of
Special Development District No. 6 within the Town of Vail,
Only the Approved Development plan for phase lV. the Vail
The approval procedures described in Section 12_gA of the Vail
and the Vail Town Council has received the recommendation
IL OF THE TOWN OF
Approved Development plan for
Vail Plaza Hotel. The Approved
they have otherw,ise expired.
Hotel is hereby amended and
Code have been fulfilled.
of the Planning & Environmental
-9,A of the Vail Municipal Code.
Approved Development plan for
use of the area in a manner that
adequate open space and
Commission for a major amendment to the Approved Plan for Special Development
District No. 6, Vail Village Inn, phase tV, Vail plaza Hotel.for amendments to the Approved
Development Plan shall follow the procedures outlined in Section j
Section 3. SEecial Development District No. 5
The Special Development District and the Major Amendment to
Phase lV are established to assure comprehensive development
would be harmonious with the general character of the Town.
District No.6, Vail Village Inn,
recreation amenities, and promote the goals, objectives and policies of the Town of Vaii
Comprehensive plan. Special Development District No. 6 is as being complementary to the
Town of Vail by ihe Vail Town Council and the plannino &Commission, and has been
established since there are significant aspects of the Special District that cannot be
satisfied through the imposition of the standard pubtic zone dislrict requirements.
Section 4. Development Siandards _ Special Development
Phase lV, Vail ptaza Hbtel
Development Plan-
The Approved Development plan for Speciat Development District
Vail Plaza Hotel shall include the following plans and materials
Inc., dated November 23, 1999 and stamped approved by the T
A. Site lllustrative plan
B. Site Vignettes Key plan (noted .for
C. Site Mgnettes
D. Site Plan (revised)
E. Level Minus Two
F. Level Minus One
G. Level Zero
H. Level One
l. Level Two
J. Level Three
K. Level Four
L. Level Five
M. Level Six
N. Roof Plan
O. Roof Plan (Mechanical Equipment)
P. Street Seclions (Vail Road Elevation/North
O. Plaza Sections (South plaza Elevation/East
R. Building A Elevations
S. Building A Sections
T. Building B Elevations
U. Building B Sections
V. Building Height plan 1 (Absotute
W. Building Height plan 2 (Maximum Height
X. Pool Study (poot Sections)
Y. Vail Road Setback Study
Z. Loading and Delivery plan
AA. Slreet Entry Studies (Vail Road/South F
BB. Sun Study
CC. Landscape lmprovements plan
Ordinanco l, Series of 2OOO
bV Zehren and Associates,
of Vail, dated January 18,2000:
puryoses only')
Road Elevation)
Elevation)
Contours)
Grade/l nterpolated Contours)
DD. Off-site lmprovements plan
Permitted Uses-
The permitted uses in Phase lV of Special Development District
development plans referenced in Section 4 of this ordinance_
Conditional Uses-
Conditional uses for phase lV shall be set forlh in Secfion 1
Regulations. All conditional uses shall be reviewed per the
the Town of Vail Zoning Regulattons.
Density- Unr'fs per Acre . Dwelllng lJnits, Accommodation
The number of units permiited in phase lV shall not exceed the
Dwelling Units - 1
Accommodation Unils - 96
Fractional Fee Club Units - 48
Density- Floor Area
The gross residential floor area
Phase lV shall be as set forth
(GRFA), common area and
in the Approved Development
ordinance.
Setbacks--
Required setbacks for Phase lV shall be as set forth in the
in Section 4 of this ordinance. The front setback along Vail Road
Height-
The maximum building height for phase lV shall be as set forth in
?eferenced in Section 4 of this ordinance. For lhe purposes of
height, height shall mean the distance measured vertically from
(whichever is more restrictive), at any given point to the top of a
highest ridge line of sloping roof unless otherwise sDecifiecj in
Site Coverage-
The maximum allowable site coverage for phase lV shall be as set
Development Plans referenced in Section 4 of this ordinance.
Landscaping-.
The minimum landscape area requirement for phase lV shall be
Ordinance 1, Series of 2OOO
set forth in the Approved
o
6 shall be as set forth in the
A-3 of the Town of Vail Zonino
as outlined in Chapter'12-16 of
& Fractional Fee CIub Units
square footage permitted for
referenced in Section 4 of this
Development Plans referenced
be 20'.
Approved Development Plans
No. 6, Phase lV, calculations of
existing grade or finished grade
roof, or mansard roof, or to the
Development Plans.
in the Approved
Section 5.
Ordlnance 1, 56rl.! of 2OOO
Employee Housing Plan.
Development Plans referenced in Section 4 of this ordinance.
Parking and Loading-
The required number of off-street parking spaces and
provided as sei forth in the Approved Development plans
In no instance shall Vail Road or the South Frontage Road be for loading/delivery or guest
drop-off/pick-up without the prior written approval of the Town of The required parking spaces
shall not be individually sold, transferred, leased, conveyed,
than a lenant, occupant or user of the building for which the
be provided by the Zoning Regulations or ordinances of lhe T
prohibit the temporary use of the parking spaces for events or
to the approval of lhe Town of Vail.
Plaza Hotel
That the Developer submits an Employee Housing plan to
Development, within 30 days of the approval of Ordinance
berths for Phase lV shall be
in Section 4 of this ordinance.
or restricted to any person other
spaces or area are required to
The foregoing language shall not
outside of the building, subject
Town of Vail Community
. 1, Series of 2000, for the
a minimum, the proposed Plan
at least one alternative showing
review and approval of the plan by the Vail Town Council reviewing Boards and
Commissions, prior to the issuance of a building permit.
shall include, but not be limited to, housing alternatives,
uommuntty uevetopment
38 beds and at least one additional ptan showing 19 beds and within the Special
Development District for the consideration of the Town.required employee housing
units shall be located within the Town of Vail and comply the Town of Vail Employee
Housing Requirements (Iiile .t2, Chapter 13, of the Town Vail Municipal Code). The
Oeveloper shall provide deed-restricted housing for a of 38 employees, and said
deed-restricted housing shall be made available for , and the deed restrictions be
recorded at the Ofiice of the Eagle County Clerk &, prior to requesting a
Temporary Certificate of Occupancy for the Vail plaza Nothing contained herein shall
obligate the Town to approve such a plan, nor shall the be required to remove
existing proposed uses or density in order to construct the
The Developer agrees, at the determination of the Town of
housing units on site.
Department, to mako all necessary applications and through all reguired
development review processes resulting from the
That the Developer submits detailed civil engineering
improvements (street lights, drainage, curb and gutter,
rmprovements, etc.) as identified on the off-site im
Works Department for review and approval, prior to
That the Developer submiis a detailed final landscape plan
for review and approval of the Town of Vail Design Review
buiiding permit.
The sdd approval time requirements and limitations of
Ordinance No. 1 , Series of 2000. In addition, the phasing
shall not be permitted.
That the Developer submits lhe following plans to the
Development, for review and approval, as a part ofthe
hotel:
An Erosion Control and Sedimentation plan;
A Construction Staging and phasing plan;
c. A Stormwater Management plan;
d. A Site Dewatering plan; and
e. A Traffic Control plan.
6.That the Developer receives a conditional use permit to
Employee Housing Units in phase lV of the District. in
to the issuance of a building permit, to provide housing
Special Development District No. 6, pursuant to Condition
by the Town of Vail.
That the Developer submits a complete set of plans to the
Transportation for review and approval of a revised access
building permil.
8.That the Developer meets with the Town staff to prepare a
outlining the responsibilities and requirements of the
second reading of an ordinance approving the major
That the Developer revises the plans to comply with the
pursuant to the zoning Regulations of lhe Town of vail.
Ordinance 1, Series of 2OOO
revised plans shall be reviewed
of the reouired off-site
grading, road
plan to the Town of Vail Public
for a building permit.
fi nal architectural elevations
, prior to application for a
12-94-12 shall apply to
the construction of the hotel
of Community
permit application for the
for the construction of Type lll
with Chapter '12-16, prior
, if the application to amend
Approval #1 above, is approved
Department of
prior to application for a
of understanding
off-site improvements, prior to
Zo-foot along Vail Road
11.
and approved by the Town of Vail Design Review Board
permit.
10.That the Developer submits a complete sel of plans
expressed by Greg Hall, Director of public Works & T
George Ruther, dated 12:/.13/99. The drawings shall be
by the Town Engineer, prior to linal Design Review Board
That the developer records a public pedestrian easement
lll Condominiums and between the phase V Buildino
prepared by the developer and submitted for review and
easement shall be recorded with the Eagle County Clerk &
issuance of a Temporary Certificate of Occupancy.
12.That the Developer record a deed-restriction, which the T
property prohibiting the public use of the spa facilitv in the
revoked if the Developer is able to demonstrate to the
provisions for vehicle parking have been made to accom
The restriction shall be recorded prior to the issuance of a
13.That the Developer submits a flnal exterior buildino
complete color rendering for review and approval of the
making an application for a building permit.
14.That lhe Developer submits a comprehensive sign program
for review and approval of the Design Review Board, prior
Certificate of Occupancy
That the Developer submits a roof-top mechanical
the Design Review Board prior to the issuance of a buildino
equipment shall be incorporated into the overall design of
screened from public view.
16.That the Developer posts a bond with the Town of Vail to
125olo of the total cost of the required off-site public
place with the Town prior to the issuance of a buildino
't7.That the Developer installs bollards or similar safelv
delivery access driveway and the sidewalk along the South
15.
O.dinancg 1, Ssries of 2OOO
Road to prevent
to the issuance of a buildino
to the design concerns
in his memorandum to
reviewed and approved
the hotel and the Phase
lines. The easement shall be
of the Town Attorney. The
s Office prior to the
is a party to, on the Phase lV
. Said restriction may be
of the Town that adeouate
the public use of the spa.
permil.
Iist, a typical wall section and
Review Board, prior to
for the Vail Plaza Hotel
the issuance of a Temporary
plan for review and approval of
All roof-top mechanical
hotel and enclosed and
financial security for the
The bond shall be in
at the intersection of the
20.
conflicts between pedestrians and vehicles, prior to the
of Occupancy.
18.That the Developer studies and redesigns the entrance on
from the entrance to lhe Gateway Building to create a
redirects pedestrians to another entrance. The final desion
by the Design Review Board prior to the issuance of a
That the Developer coordinate efiorts with the owners of
below ground access for loading and delivery to the
resolve potential loading and delivery concems at the
be reached the Developer shall submit revised plans to the
Development Department for review and approval, prior to
That the Developer revises the proposed floor plans for the
freight elevator access to the lowest level of the parking
submitted to the Town of Vail Community Development
prior to the issuance of a building permit.
21. That the developer redesigns the proposed elevator tower
atop the tower and revises the proposed building
review of the proposal by the Design Review Board. The
the revised design.
That the Developer, in cooperation with the Town of Vail
and construcl a left-turn lane on Vail Road and reconfigure
Frontage Road median to eliminate left-turns from the
shall be completed prior to the issuance of a Temporarv
23.That the Developer provides a centralized loading/delivery
and tenants within Special Development District No. 6.
be unduly restricted for Special Development District No_ 6.
including docks, berths, freight elevators, service coridors,
public andior private loading/delivery programs, sanctioned
loading/delivery impacls upon the Vail Village
shall only be permitted upon a finding by the Town of Vait
capacity exists. The Developer will be compensated by the
Ordinance 1. Series of 2OOO
own of Vail and/or others for
of a Temporary Certiflca{e
north side of the hotel across
inviting entrance or a design that
be reviewed and approved
permit.
Gateway Building to create a
from the Vail Plaza Hotel to
. lf a coordinated effort can
own of Vail Communitv
issuance of a building permit.
ail Plaza Hotel to Drovide
The revised plans shall be
for review and approval
create an architectural feature
and roof plan prior to final
shall review and approve
Works Department design
Iandscape island in the South
. The construction
of Occupancy.
for the use of all owners
or use of the facility shall not
The loading/delivery facility,
, may be made available for
the Town of Vail, to mitigate
system. The use of the facility
the Developer that excess
the common use of the facility. The final determination of
mutually agreed upon by the Developer and the Town of
24.That the Developer submits a written letter of approval
property is being encroached upon by certain im
of the hotel, prior to the issuance of a building permit.
That the Developer executes a Developer lmprovement
of the required off-site improvements, prior to the issuance
Section 6.
lf any part, section, subsection, sentence, clause or phrase of this
to be invalid, such decision shall not affect the validitv ofthe
and the Town Council hereby declares it would have oassed thts
subsection, sentence, clause or phrase thereof, regardless of the
sections, subsections, senlences, clauses or phrases be declared
Section 7.
The repeal or the repeal and re-enactment of any provisions of
in this ordinance shall not affect any right which has accrued, anv
occurred prior to the effective date hereof, any prosecution
proceeding as cornmenced under or by virtue of the provision
The repeal of any provision hereby shall not revive any provision
repealed or superseded unless expressly stated herein.
Section 8.
All bylaws, orders, resolulions and ordinances, or parts thereof,
inconsistent herewith are hereby repealed to the extent only of
shall not be construed to revise any bylaw, order, resolution or
reoealed.
INTRODUCED, READ ON FIRST READING, APPROVED.
ONCE lN FULL ON FIRST READING this 46 day of January,
reading of this Ordinance set for the l gih day of January, 2000, in
Municipal Building, Vait, Colorado.
/.4.
Ordinanc€'1, Serles of Z00O
use of the facility shall be
adjacent properties whose
resulting from the construction
to cover the completion
a building permit.
is for any reason held
portions of this ordinance;
and each part, section,
that any one or more parts,
ail Municipal Code as provided
imposed, any violation that
nor any other action or
or repealed and reenacted.
any ordinance previously
inconsisiency. Therepealer
or part thereof, heretofore
ORDERED PUBLISHED
and a public hearing for second
Council Chambers of the Vail
ffivd'^
Ludwig Kurz, Mayor
READ AND APPROVED ON sEcoND READING AND oRDERED PUBLISHED this ,18Ih dav of
January, 2000.
Lorelei Donaldson, Town Clerk
Ludwig Kuz, Mayor
Ordinance J, S€ries of 20OO
10
.'-.-,
ORDINANCE NO.4
SERIES OF 2OOO
AN ORDINANCE REPETLING ORDINANCE NO. 1, SERIES OF 2OOO AND TO ENACTOR.DTNANCE No. 4, SERTES oF 2000, aoopriHe e REVTSED AppRovEDDEVELOPMENT PLAN FOR SPECIAL DEVELOPT.,'CT.TT DISTRICT r.rO. 6, VI'I Vrr.r-ECEINN' PHASE IV, TO ALLOW FOR THE CONSTRUCTION OF THE VAIL PLAZA HOTEL;AND SETTING FORTH DETAILS Iru RCCARO rHrRErO.
WHEREAS, In 1976, the Vail Town Council adopted Ordinance No. 7, Series of 1976,
establishing Special Developmenl Disirict No. 6, Vail Village lnn; and
WHEREAS, Section 12-9A-10 0f the Zoning Regurations permils major amendments ro
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 Inn, Phase lV; and
WHEREAS, the purpose of lhis ordinance is to repeal ordinance No. 1, series of 2000 and
to enact ordinance No. 4, series of 2000, to adopt a revised Approved Deveropment pran for the
Vail Village Inn special Development District, Phase lV to allow for the construction of the vait plaza
Hotel; and
wHEREAS, the revised major amendment to the speciar Deveropment District, incruding the
provision of deed-restricted housing for 38 employees and the resulting 1 feet of additional buitding
height' is in the best interest of the town as il meets lhe Town's developmenl objectives as identified
in the Town of Vail Comprehensive plan; and
WHEREAS, in accordance with the provisions ouflined in the Zoning Regulations, the
Planning & Environmenrar commission herd a pubric hearing on the major amendment apprication;
and
wHEREAS' the Planning & Environmental commission has reviewed the prescribed criteria
for a major amendment and has submitted its recommendation of approvar and findings to the Vail
Town Council; and
WHEREAS, a[ pubric norices as required by the Town of vair Municipar code have been
sent to the appropriate parties; and
*HEREAS, the vair rown councir considers it in the best interest of the pubrio hearth.
safety, and werfare to adopt the revised Approved Deveropmenl pran for speciar Deveropment
District No. 6, Vail Mllage Inn, phase lV, Vail plaza Hotel; and
Ordin€nce No. 4, Serieg ol2OOO
whereas, the approvar of the major amendment to speciar Deveropment District No. 6, vail
Village Inn, Phase lV, Vail Plaza Hotel and the development standards in regard thereto shall not
eslablish precedence or entiflements elsewhere within the Town of Vail.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Purpose ofthe Ordinance
The purpose of ordinance No. 4, series of 2000, is to adopt a revised Approved Development plan for
special Development Districl No.6, Vail Village Inn, phase lV, va plaza Hotel. The Approveo
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 herebv amended and
adopted.
Section 2. Amendment procedures Fulfilled. planninq Commission Report
The approval procedures described in Section 12-9A of the Vail Municipal Code have been futfi ed,
and the Vail Town Council has received the recommendation of the Planning & Environmenlal
Commission for a major amendment to lhe Approved Development Plan for Special Development
District No. 6' Vail Village lnn, Phase lV, Vail Plaza Hotel. Requests for amendments to the Approved
Development Plan shall iollow the procedures outlined in Seclion 12-9A of the Vail Municioal Cooe.
Section 3, Special Development District No. G
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 characrer of the Town, provide adequate open space ano
recrealion amenilies, and promore the goars, objectives and poricies of the Town of vail
comprehensive Plan. special Deveropment District No. 6 is regarded as being complemenlary to the
Town of Vail by the Vail Town Council and the Planning & Environmental Commission, and has been
established since there are significant aspecls of the Special Development District that cannol be
satisfied through the imposition of the standard Public Accommodalion zone district requirements.
section 4. Development standards - speciar Deveropment District No, 6, vair vilage tnn,
Phase lV, Vail plaza Hotel
Development Plan-
The Approved Development Plan for Special Development District No. 6, Vail Village Inn, phase tV,
Ordinsnc6 No. 4, Seri€s gf 2O0O
J.-,,
Vail Plaza Hotel shall include the following plans and materials prepared by Zehren and Assocrares.
Inc., dated April 4, 2000 and stamped approved by the Town of Vail, dated Aprit 18, 2000:
(as may be further revised by the Town of Vail Design Review Board)
A. Site lllustrative plan
B. Site Vignettes Key plan (noted "for iltustntion purposes on!y')
C. Site Vignettes
D. Site Plan (evised)
E. Level Minus Two
F. Level Minus One
G. Level Zero
H. Level One
l. Level One & 1/2
J. Level Two
K. Level Three
L. Level Four
M. Level Five
N. Level Six
O. Roof Plan
P. Roof Plan (Mechanical Equipment)
O. Street Sections (Vail Road Elevalion/North Frontage Road Elevation)
R. Plaza Seclions (South plaza Elevation/Easl plaza Elevation)
S. Building A Elevations
T. Building A Sections
U. Building B Elevations
V. Building B Sections
W. Buildlng Height Plan .l (Absolute Heightsilnterpolated Contours)
x. Building Height pran 2 (Maximum Height Above Grade/rnterporated contours)
Y. Pool Study (pool Sections)
Z. Vail Road Setback Study
AA. Loading and Delivery plan
BB. Street Entry Studies (Vail Road/South Frontage Road)
Odlna.ce No. 4, Seri6s ot AOOO
\_
CC. Sun Study
DD. Landscape lmprovements plan
EE. Otf-sile lmprovements plan
Permitted Uses-
The permitted uses in Phase lV of Special Development Distnct No. 6 shall be as set forth in section
12-7 of the Vail Town Code.
Conditional Uses-
conditional uses for Phase lv shall be set forth in section 12-7 A-l af the Town of Vail Zoning
Regulations. All condilional uses shall be reviewed per the procedures as outlined in Chapter 12-16 of
the Town of Vail Zoning Regulations.
Density- Units per Acre - Dwelling ltnits, Accommodation llnits, & Fnctiona! Fee CIub lJnits
The number of units permitted in phase lV shall nol exceed the fo owino:
Dwelling Units - 1
Accommodation Units - gg
Fractional Fee Club Units - S0
Type lll Employee Housing Units - 18
(38 emptoyee beds totaling g,618 square feet of GRFA)
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--
Required selbacks for Phase lV shall be as set forth in the Approved Development plans referenceq
in section 4 of this ordinance. The front setback arong Vair Road shafi 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. Forlhe purposes of SDD No. 6, phase lV. calculations of
height, height shall mean the distance measured vertically from the existing grade or finished grade
(whiohever 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 unress otherwise specified in Approved Deveropment prans.
Site Coverage-
Ordinanco No. 4, Series ot 20OO
o
The maximum allowabre site coverage for phase rV shal be as set forth in the Approved
Development Plans referenced in Section 4 of this ordinance.
Landscaping-
The minimum landscape area requirement for phase rv shafl be as set forth in the Approved
Developmenl Plans referenced in Section 4 of this ordinance.
Parking and Loading-
The required number of off-street 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.
In no instance shall Vair Road or the south Frontage Road be used for roading/derivery or guesr
drop-off/pick-up without the prior written approvar of the Town of vair. The required parking spaces
shall not be individuarry sord, transferred, reased, conveyed, rented or restricted to any person other
lhan a tenant, occupant or user of the buirding for which the space, spaces or area are requrred to
be provided by the Zoning Regurations or ordinances of the Town. The foregoing ranguage sharl
not prohibit the temporary use of the parking spaces for evenls or uses outside of the buildino.
subject to the approval of the Town of Vail.
section 5. Aoorou"r Aoruur*nt" fo. so""i"r o.u"roo-"nt Di"tri"t No. 6. ph""" rv, v"it
1.
Plaza Hotel
That the Developer submits detailed civil engineering drawings of the required off_site
rmprovements (street lights, drainage, curb and gutter, sidewalks, grading, road
improvements, vail Road randscape median improvements, erc.) as identified on the off-site
rmprovements pran to the Town of vair pubric works Department for review and approvar,
prior to application for a building permit.
That the Developer submits a detailed linal landscape plan and final archilectural elevations
for review and approvar of lhe Town of Vair Design Review Board, prior to appricarion for a
building permit.
The SDD approval time requiremenls and limitations of Section 12_gA_12 shall apply to
ordinance No. 4, series of 2000. In addition, the phasing ofthe construction ofthe hotel
shall not be permitted.
That the Developer submits the following ptans to the Department of Community
Development, for review and approvar, as a part of the buirding permit apprication for the
hotel:
4.
Ordrnance No. 4, S6.i6s ol2O0O
A
An Erosion Conlrol and Sedimentation plan;
A Construction Staging and phasing plan;
A Stormwater Management plan;
A Site Dewatering Plan; and
e. A Traffic Control plan.
That the Developer receives a conditionar use permit to aflow for the construclion of 1g,
Type lll Employee Housing units in phase rV of the District, in accordance with chaDter 12-
16, prior to the issuance of a building permit.
That the Developer submits a complete set of plans to the Colorado Department of
Transportation for review and approvar of a revised access permit, prior to application for a
building permit.
That the Developer meets with the Town slaff to prepare a memorandum of underslanding
outlining the responsibirities and requirements of the required off-site improvements, prior to
second reading of an ordinance approving the major amendment.
That the Developer submits a comprete set of prans responding to the design concerns
expressed by Greg Hall, Director of public works & Transportation, in his memorandum to
George Ruther, dated 12113/99. The drawings shall be submitted, reviewed and approved
by lhe Town Engineer, prior to final Design Review Board approvat.
That the developer records a public pedestrian easement between the hotel and the phase
lll condominiums and between the phase v Buirding property rines. The easement shal be
prepared by the developer and submitted for review and approvar of the Town Attorney. The
easement shall be recorded with the Eagre county crerk & Recorder's office prior to the
issuance of a Temporary Certificate of Occupancy.
That lhe Developer record a deed-restriction, which the Town is a party ro, on the phase rV
property prohibiting the public use of the spa facility in the hotel. said restriction may be
revoked if lhe Developer is abre to demonstrate to the satisfaction of the Town that adequate
provisions for vehicre parking have been made to accommodare the pubric use of the spa.
The restriction shall be recorded prior to the issuance of a building permit.
That the Developer submits a finar exterior buirding materiars rist, a typicar wal-section and
complele color rendering for review and approval of the Design Review Board, prior to
making an application for a building permit.
-7
o
10.
11.
Ordinanc€ No. 4, Seri$ of 2OO0
13.
14.
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 lhe issuance of a Temporary
Certificate of Occupancy.
That the Developer submits a roof-top mechanical equipment plan for review and approval of
the Design Review Board prior lo the issuance of a building permit. All roof{op mechanical
equipment shall be incorporated into the overal 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
125% ofthetotal cost of the required off-site public improvements. The bond shall be in
place with lhe Town prior to the issuance of a building permit.
That the Developer inslalls bollards or similar safety devices al the intersection of the
delivery access driveway and the sidewalk along the south Frontage Road lo prevent
conflicls between pedestrians and vehicles, prior to lhe issuance of a Temporary certificate
of Occupancy.
That the Developer studies and redesigns the entrance on the north side of the holel across
from the entrance to the Gateway Building to create a more inviting entrance or a design that
redirecls 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.
That the Developer coordinate efforts with the owners of the Gateway Building to creale a
below ground access for loading and delivery to the cateway from the vail plaza Hotel to
resolve potential loading and delivery concerns at the Gateway. lf a coordinated effort can
be reached the Developer shall submit revised plans to the Town of vair 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 ofthe parking structure. The revised plans shall be
submitted to the Town of Vail community Development Department for review and approval
prior to lhe issuance of a building permit.
That the Developer, in cooperation with the Town of vair pubric 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 lhe loading/delivery. The construction
shall be completed prior to the issuance of a Temporary Certificate of Occupancy.
16.
17.
+&
10
Odlnanc€ No. {, Serie3 of 2OO0
20. That the Developer provides a centralized loading/delivery facility for the use of all owners
and tenants within Special Developmenl Dishict 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 erevators, service coridors, etc., may be made avairabre for
public and/or private loading/delivery programs! sanctioned by the Town of vail, to mitigaie
loadingldelivery 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 Develooer that excess
capacity exists. The Developer will be compensaled by the Town of Vail and/or others for
the common use of the facility. The final determination of the use of the facility shall be
mutually agreed upon by lhe Developer and the Town of Vail_
21. That the Developer submits a written retter of approval from adiacent properties whose
- property is being encroached upon by certain improvements resulting from the construclion
of the hotel, prior to the issuance of a buitding permit.
22' Thal the Developer executes a Developer lmprovement Agreement to cover the completion
of the required off-site improvements, prior to the issuance of a buirding permit.
23- That the Developer record rype Ir deed-restrictions of each of the required emproyee
housing units, with the Eagre county crerk & Recorder's office, prior to the issuance of a
Temporary Certificate of Occupancy.
24' That the required Type lll deed-restricted employee housing units not be eligible for resale
and that the units be owned and operated by the hotel and that said ownership transfer with
the deed to the property.
Section 6.
lf any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held
to be invalid, such decision shall not affect 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 lhereof, regardless ofthe facl that any one or more parts,
sections, subseclions, sentences, clauses or phrases be declared invalid.
Section 7.
The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as provided
in this ordinance shall not affect any right which has accrued, any duty imposed, any vioration that
occuned prior to the effective date hereof, any prosecution commenced, nor anv other aclion or
Ordlnanc€ No. 4. So.ies of2OO0
v
proceeding as commenced under or bV virlue
la
of the provision repealed or repealed and reenacted.
The repeal of any provision hereby shafl not revive any provision or any ordinance previousry
repealed or superseded unless expressly slated herein.
Section 8. )
All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repearer
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 46d day of Aprir, 2000, and a pubric hearing for second
reading of this ordinance set for the 2d day of May, 2000, in the council chambers of the vail
READ AND APPROVED ON SEcoND READING AND oRDERED PUBLISHED this 2"d day of
May, 2000.
A^t-___
Ordinance No. 4, Series of 2OOO
il*Ludwig Kuft, Mayor
Jul, 15,2004 2:59P}{ ZUN AND Ass0clA
July 15,2004
Mr. Russell Forest
Director of Community Developmcnt
Town of VEil
ZIHI{EN
AND ASSOCIATFS, IN(..
Departrnont of Community Dove.lopmutt
75 South Frontage Road
Vail, Colorado 81657
Re: Vail Ptaza Hotel, AIPP commitrnent
Russell:
This letter is in response to staff and the town council's inquiry as to the agreed upon public improvements
as outlined in thc ordinance, specifically with regard to compliance with Oe Art ia Fublic Places Master
Plan.
Ir is fte developa's imention to providc publio art as defined iD Part II of lhe Art in Public Places Stategic
Plffi. At this point in timc howevo, the developer is unwilling to oommit to providing or findirg any
specific piece ofan in any location aittrough it is scknowledged specific opportunities do elds! both on
public and private properties surrounding the proposed project-
As put oftbe existing approvcd ordinance, thc developer has aEecd rc provide a six-foot wide, csnorete
sidewalh along \vith an anached curb and gutter fiom the Vail Village hn Phase III entry €3stward along
the Frontage Road to Villagc Center R.oad (Crossroads Dcvelopment) t0 mitigale anticipatcd Pedestrian
impacts associated with redevelopment of the project. With the anticipated Crossroads redevclopment, tho
rlevetoper has ageed to provide i aeposr too ttt" fulI value of those imptovements to the iown, should the
town decide to proceed with those improvements in a mgnner that would coincide with the Crossroads
ootrstltction sghedule. Oru confiactor has valued those irnprovements including design fees to $24,800 and
the developer has executed an agrcement sating as such.
If the town council believes that the anricipatcd pcdeshian impacts would not bc realized along the
Frontagc Road because of the adjacency of new and improved pedestrian acccss along East Meadow
Drive, the developer would be willing to provide for improvernents in an emount not to exceed S24,E00 for
addjtional impro\remen$ along East Meadow Drive *'hich could include participation in publicly funded
artworls, It would be the developer's preference, howevef,, that the artwork be placcd or dcsigned in a such
a nray that it dircctlybenefits the proposed redevelopment through its adjacency to thc project. One such
location uould be east ofthe existing phase live project.
Please do not hesitate to contact me with any questions or conccnu regarding the inforrnarion prescnted
Addirionally, if you need any additionat information, please do not hesitate to conlaot nre.
Sincerely,
No, 1174 P, 2/2
Fron:1590
t-T-. I -.----------|--l
TimothyR. Los4 A.LA.
Senior Associate
Zehren and Associatcs, Inc.
.r,r r lll.|',"'rl Itr - l)l .l\'\ll|r.rr' - l\'tt -rlflO{ | i \'ll\it',1lrg AlJa'l.llltf'll lltl
Meeting Agenda
Vail Plaza Hotel
Town of Vail Reviewing Agencies
September 16,2004
1.Building Permit - Ordinance No. 16, 2004
a.. Timetabie
i. Documents Submitted by 9/4/04ii. Permit Issued by 11/15104
b. Reviewing Agencies -status for written and dated comments
\lh6'l vJitl-
U6 # ftar{-
(arltgf oet+
lv.
vi.
Degpt' D63o. :Yii
_F yi;;.
ix.
i. Fire Deoartment
@Ptanning andZoningiii. Public Works
1. Civil Documents
2. Staging plans
iv. Building Code
1. Structural
2. Mechanical
3. Architectural
?
ZO vlaeblrrq o*1s
1|fu 0o>-rt'..g,rttb
lOlr ?evtse-o plara.
tolet Z* (o*n+.r-',te.
c. ConditionsoU- i. Loading and Delivery Coordination. (post Occupancy).
I>q*irrr4q€ .^-- ii. Submit civil drawings of off-site improvements (as identified on' the off-site improvements plan). (permit).iii. Submitted Documents. (Permit).
Iu PaalaT -=1. Erosion and sedimentation plan.
2. Construction staging and phasing plan.
3. Storm water management plan.
4. Site dewatering plan.
5. Traffic Control Plan.
Pedestrian Easement (TCO).
Decd restriction on Spa. (TCO).
Sign program (TCO).
Bond l25o/o off-site public improvements. (permit).
L Estimate by Shaw Construction.
Frontage and Vail Road improvements. (TCO).
Loading and Delivery - public use. (post Occupancy).
Developer Improvement Agreement. (Permit).
1. Draft -ToV or ZA
2. Estimate for bondine TL6.A.Z--- 3. Mectingdare ffz<.ro Zeh&t!.(saxi. Deed Restriction of EHU's. (TCO).
xii. EHU's operated by Hotel. (post Occupancy).xiii. CIDOT access permit. (TCO).
xiv. AIPP $35.000 contribution. (permit).
Demolition Permit Appl ication
Timetable
Application
120% Bond
Existing Site Plan
Revegitation plan
i. DRB approval
Staging plan
i. Architect's Titleblock?
Letter of Abatement
Traflic Control Plan
Stormwater discharge permit
3. ERSW agreement (GR) -1976i1988 entitlements
a.
b.
A
g
h.
i
lq r.*. /! f-r-
!r '- i
TEHREi.I
A'lD 45:'CCli\Tf 5, I lf .t0l06
October 6,2004
Mr. George Ruther
Senior Special Proj ects Planner
Tonn of Vail
Department of Community Dcvelopment
75 South Frontage Road
Vail. Colorado 81657
Re: Vail Plaza Hotel - Developer Improvement Agreement
George:
Listed below are the developer provided public improvements as indicated in No. 16, Series of 2004 and
the Off Site Improvements Plans dated July 20, 2004.
1. East Meadow Drive Light Standards. The Developer will provide 6, (six), new light standards
along East Meadow Drive. The light standards shall be those specified within the East Meadow
Streetscape Plan with "normal" or "typical" accessories and features necessary for normal
functioning of the fixture. The standards shall be delivered to a mutually agreeable location within
the town in the manufacturer's original packaging. Installation, structural bases and connections,
lamps, and electrical infrastructure including but not limited to power, switching, and finalconnectjonssha1lbeprovidedbythe@,Maintenanceand/or
reJamping of the standards shallel€o be the repfonsibility of the Town of Vail.
Value of Improvement Esrimarro ., ri"RiloPge
2. Crossroads (South Frontage Road) Sidewalk The Deve agrees to fumish all materials and
labor for installation of a new, six foot wide,
gray, concrele curb and gutter as indicated in
gray, concrete sidewalk with attached
Cl2 and details A and E, drawing Cl5
daled 9/l /04 including associated dcmolirion of areas and subgrade preparation. The Town
of Vail ^r the te\',T'5 ^^hrracter shall provide 4elocation of infrastructure, utilities, landscaping
features andTor signage in a timely fiuulner to allow for installation of the sidewalk no later than
,[qne l, 2006. Drainage studies and/or structures, curbcuts with associated drainage pans, C p".l).
@ilgineered support or retaining structures, and,/or guardrails shall be provi<letl by the Town of Vail
or the town's contractor. The Developer shall h( be responsible for repair or replacement of
existing landscape features or irrigation systems removed or damaged within the right of way for
constluction of this improvement.
a. Value of Improvement Estimated at $ XX,X)LX.
3' Vail Village Inn Phase III (South Frontage Road) Sidewalk. The Developer agrees to fuinish
all materials and labor for installation of a new, six foot wide, heated, concrete paver sidewalk as
indicated in dtawing C9 and detarl D, drawing C15 dated 9i 1/04 including assocrated demolition
of landscape areas and sub-grade preparation. The snowmelt system shall be provided with a
separate manifold for zones localed within the nght of way in accordance with drawing M6.1. The
Developer shall excrcrse care in the construction of this improvement ff shall ffie responsible
ARCFIITECTI]RE , PLAIININC , INTERIC-}RS , IA.IL]SCAPE ARCN''.tHF'
PO Box 1975 ' Avon, Colorado u162u " \970)!r49 0257 ' FAX (9/0t 9'19-1080 ' e lrrail: r'aiiotfc@rzehren.corrr r,vrvl.zeh ren.co rr'1
Vail Plaza Hotel
20041590.00
Zehrcn and Associales, Inc.
t0t6t2004
for repair or replacemenl of existing landscape features and/or irrigation systems removed or
damaged within the right of way for construction of this improvement.
a. Value of improvement Estimated at $ XX,XXX.
Gateway (South Frontage Road) Sidewalk. The Deveioper agrees to fumish a1l materials and
labor for installation of a new, six foot wide, heated, concrete paver sidewalk as indicated in
drawing Cl1 and detail D, drawing Cl5 dated 9/l/04 including associated demolition of landscape
areas and sub-grade preparation. The snowmelt system shall be provided with a separate manifold
for zones located within the right of u,ay in accordance with drawing M6.1. The Developer
reseryes the right to modify the alignment of the sidewalk to avoid sigaificant natural features,
utilities or infrastructure. The Developer shall rFt be responsible for repair or replacement of
;jl:l:::#:1,:'::?f,1':::.T:::imgation lzl5pl'-""ed or damaged within the right of wav
+.
for construction of this improvement. gdeK
6.6
a. Value of
South Frontage Road M The Developer
-l,.:P*ry tvrw
materials and labor for
installation of a new. thi (approximate)dscaped median as indicated in
drawings Cl1, detail D,C11 and 1/04 includine associated demolition of
existing paved and median areas.provided to landscape areas in accordance with
drawing I-Z
ar the tourn'c nontlagtef. COnCrete details and materials shall rnatch
exrstlng.
a. Value of Improvement Estimated at g XX,XXX.
1 { South Frontage Road (Vail Plaza Hotel) Sidewalk/Landscaping. The Developer agrees to
O ' fumish all *ut.tiul, and labor for installation of a new, six foot wide, heated, concrete paver
sidewalk, detached curb and gutter, heated drive including ncw drainage pan and apron and
landscape improvements and irrigation system as indicated in drawings C11, L-4 and I-2 as well as
details as indicated in drawing C15 dated 9/1/04 including associated demolition of landscape
areas and sub-grade preparation. The snowmelt and rrrigation system shall be provided with a
separate manifolds or valves for zones located within the nght of way. The Developer reserves the
nght to modify the alignment of the srdewalk to avoid significant natural features, utilities or
infrastructure. Additionally, the developer Si{l landscaping improvements including irrigation as
indicated in drawings L4 andl-2. 5l.1*rt-
"gputoera. Value of Improvement Estimated at $ XX,XXX.gL?
apron
eo
\tAo*'
Vail Plaza Hotel
20041590.00
Zehren and Associates, Inc.
10/612004
0{
ramp at the north side of the South Frontage Road.
a. Value of Improvement Estimated at $ XX,XXX.
Vail Road Sidewalk/Landscaping Improvements. The Developer agrees to fumish all materiais
and labor for installation of a new, heated, concrete paver sidewalk, detached curb and guttff, new
asphalt tum lane and striping, heated drive including new drainage pan and apron and landscape
rmprovements and imgation system as indicated in drawings C9, L-3 and I-1 as well as details as
indicated in drawing C15 dated 9/1/04 including associated demohtion of existing lantlscape,
asphalt areas and sub-grade preparation. The snowmelt and irrigation system shall be provided
with a separate manifolds or valves for zones located within the nght of way. In addition, the
developer agrees to furnish all materials and labor for installation ofa new pan and concrete sutter
adjacent to the Gateway entry.
a. Value of Improvement Estimated at $ XX,XXX.
Vail Road Storm Drainage Improvements. The Developer agrees to fumish all materials and
labor for installation of storm drainage improvements located on Vail Road limited to relocation
and connection wlj.h a 24" CCP to the existins storm sewer svstem at East Meadow Drive of one
new curb inlet located to the north of the proposed driveway as indicared on sheet C9 and detailed
on sheet Cl6 dated9ll/04.
\s'
9/l/04 including associated demolition of existing landscape, asphalt areas and sub-grade
preparation. The snowmelt systcm shall be provided with a separate manifolds or valves for zones
located within this area. In addition, the Developer agrees to fumish all materials and labor for
installation of4, (four), new light standards along East Meadow Drive. The light standards shalt be
those specified within the East Meadow Streetscape Plan with 'hormal" or "typical" accessones
and features necessary for normal functioning of the fixture. The developer agrees to provide
installation, structural bases and connections, lamps,. and connection to the town's electncalinltastructure. . Maintenance and/or re_
lamping of the standards shall also be the responsibility of the Town of Vail. Storm Drainage
Improvements including qIFh inlcts and/or drainage pipmg shall rr* be the responsibilrty of the
developer. The Developer shall exercisc sare in the construction of this improvement fil shall rytr
be responslble for repair or replacement of existing landscape features or irrigatiy'n systems
removed or damaged within the right of way for construction of this improvement. I .tflsl0
a. Value of Improvement Estimated at $XX,XXX.
,1.t4. Eu.t lVleadow Drive Art in Public Places. The Devcloper agrees ro conrribute a one-time\\ payment of $35,000 to the East Meadow Drive Art in Public Places Archway Projecr or another
approved project. Should the Town fail to commence with the design and construotion of the
project within one year of the date of a Temporary Certificate of Occupancy for the Varl Plaza
Hotel, the one time palrnent of$35,000 shall be refunded [o the develooer.
6t..)6
on sheet Cl6 datedg/1/} .
^ .,. nn&
a. Value of Improvemenr Esrimared at $XX,X)o( .ry*ru€
\uy?olen'
I East Meadow Drive Sidewalk Improvements. The Dgleloper agrees to furnish all materials and
labor for installat.ion off new, heated
including as indicated in drawings C9 an-FFj-5SfrEn-as'Ae-fai-Il7iindicared in drawins Cl5 dated
Vail Plaza Hotel
20041590.00
Sincerely,
Tim Losa
Project Manager
Zehren and Associates, Inc.
Zehren and Associates, Inc.
10/612004
a. Vaiue of Improvement Estimated at 935.000.
It is the developer's understanding that a bond or lefter of credit must be posted for 125% ofthe totalestimated amount for each of these improvements with the exception of the one-time contribution to theArt in Public Places fund which will be full funded prior to building permit.
Please do not hesitate to contact. me with any questions or concems regarding the information presented.Additionally, if you need any additional information, please do not hesita'te to c"ontact me.
o
Design Review Board
ACTION FORM
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2L39 fax: 970.479.2452
web: www.ci.vail.co.us
Project Name: DAYMER NEW CONSTRUCTION
Project Description:
NEW CONSTRUCTION
Participantsr
OWNER DAYMERCORP NV
lOO E MEADOW DR
VAIL
co 815s7
License:
05/10/2004 Phone:
AppucANT ZEHREN & ASSOCIATES, INC. 05/10/2004
P.O. BOX 1976
AVON, CO
81620
License: C000001626
ProjectAddress: 100 E MEADOW DRVAIL
1OO E MEADOW DRIVE
DRB Number: DR8040179
Phone: 970-949-0257
Location:
Legal Description: Lot: M-O Block 5D Subdivisionl VILLAGE INN PLAZA
Parcel Number: 210108203003
Comments:
BOARD/STAFF ACTION
Motion By: Rogers
Second By: Hanlon
Vote: 5-0
Conditions:
Action: APPROVED
Date of Approval= 0610212004
Cond:8
(P[AN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond: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.
one year of the aPProval.
of
Location ofthe Proposal: Lot:dock:O'D
Physical Address:
Parcel No.:
Name(s) of Owner(s):
Mailing Address:
Owner(s) Signature(s):
Name of APPlicant:
Mailing Address:
Type of Review and Feel
tr Signs
E Conceptual Review
B New Construction
tr Addition
E Minor Alteration
(m ulti-familY/commercial)
I Minor Alteration
(singlefamilY/duPlex)
D Changes to Approved Plans
tr Separation Request
Application for Design Review
DeDartment of Community Dwelopment
75 South Frontage Road, Vail, Colorado 81657
teli g7O.47g'2L39 fax 97A'479'2452
web: www'ci.vail'co.us
General Informationl
All projects requiring design review mu* receive approval prior to submitting a building permit application' Please
refer to the submittal requirements for the particular upp.uui tnut is requeied. An application for Design Review
cannot be accepted untit att required information is receivl-J iiV-ir'" !t;1,rn1,r1'.iq,-
Devetopment Department' The
project may also need to o"'r"lri"*.6' ny gt" ro*n Council'and/or the Planning and Environmental commission'
Design review approval lapses unless a building p"..ii'is'is"utA and construction commences within
(Contact Eagle Co. Assessor at 970-for parcel no.)
RECEIt/ED
bv
Phone:
$50 Plus $1.00 per square foot of total sign area'
No Fee
$650 For construction of a new building or demo/rebuild'
{1nn For an addition *nu," ,q,u'" footage is added to any residentia| or+Juv
t"i-,.,i,.lrr.,"iJiiiiiOi.s iriti.d.. zs. aiditions & interior conversions).
$250 For minor changes to buildings and site improvem,ents' such as'
reroofing, painting, window additions' landscaping' fences ano
retaining walls, etc.
$20 foi min6r changes to buildings and site improvements' such as'
reroofing, painting' *inOoti uAaimns' landscaping' fences and
retaining walls, etc'
$20 For revisions to plans already approved by Planning Staff or the
Design Review Board.
No Fee
r*plti L&1-- 66..111e.; 4(cY BY:W?R9Ng::
@ *'f,:+iffiH'-w^l*Jlit1,,,
,c; , t:I0l1,,Ir0Fmilry
a joint owner of property located at (address/legal
description)
I, (print name)
provide this letter as written approval of the plans dated which have
been submitted to the Town of Vail Community Development Department for the proposed improvements
to be completed at the address noted above. I understand that the proposed improvements include:
I fufther understand that minor modifications may be made to the plans over the course of the review
process to ensure compliance with the Town's applicable codes and regulations.
(Signature)(Date)
Page 2 of 72102107loz
TCII4AI NEW CONSTRUCTION
SUBMITTAL REQUIREM ENTS
General Information:
The review process for new construction normally requires two separate meetings of the Design Review
Board: a conceptual review and a final review. Applicants should plan on presenting their development
proposal at a minimum of two meetings before obtaining final approval.
I. SUBMITTAL REOUIREMENTS
o Stamped Topographic Survey*o Site and Grading Plan*a Landscape Plan*a Architectural ElevationsxE Exterior color and material samples and specifications. zo,otr Architectural Floor Plans* , L u,"
o ,.Lighting Plan* and Cut-sheet(s) for proposed fixtures *bw'^,
^gr Title report, including Schedules A & B to veriff ownerships and easements* .;,ryo Photos ofthe existing site and adjacent structures, where applicable.n Written approval from a condominium association, landlord, and joint owner, if applicable.o Site-specific Geological Hazard Report, if applicable*o The Administrator and/or DRB may require tfre submission of additional plans, drawings,
specifications, samples and other materials (including a model) if deemed necessary to
determine whether a project will comply with Design Guidelines or if the intent of the
proposal is not clearly indicated.
Please submit three (3) copies of tlre materials noted with an asterisk (*).
Topographic survey:n Wet stamp and signature of a licensed surveyoro Date of surveytr North arrow and graphic bar scaleo Scale of 1"=10'or I"=20')a Legal description and physical addresso Lot size and buildable area (buildable area excludes red hazard avalanche, slopes greater than 40olo,
and floodplain)
D Ties to existing benchmark, either USGS landmark or sewer invert. This information must be clearly
stated on the surveya Property boundaries to the nearest hundredth (.01) of a foot accuracy. Distances and bearings and a
basis of bearing must be shown. Show existing pins or monuments found and their relationship to
the established corner.I Show right of way and property lines; including bearings, distances and curve information.D Indicate all easements identified on the subdivision plat and recorded against the property as
indicated in the title report. List any easement restrictions.o Spot Elevations at the edge of asphalt along the street frontage of the property at twenty-five foot
intervals (25'), and a minimum of one spot elevations on either side of the lot.tr Topographic conditions at two foot contour intervalso Existing trees or groups of trees having trunks with diameters of 4" or more, as measured from a
point one foot above grade.o Rock outcroppings and other significant natural features (large boulders, intermittent streams, etc.).
Page 3 of tZl0Zl07/02
tr All existing improvements (including foundation walls, roof overhangs, building overhangs, etc.).q Environmental Hazards (ie. rockfall, debris flow, avalanche, wetlands, floodplain, soils)o Watercourse setbacK, if applicable (show centerline and edge of stream or creek in addition to the
required stream or creak setback)o Show all utility meter locations, including any pedestals on site or in the right-of-way adjacent to the
site. Exact location of existing utility sources and proposed service lines from their source to the
structure. Utilities to include:
Cable TV Sewer GasTelephone Water Electricn Size and type of drainage culverts, swales, etc.a Adjacent roadways labeled and edge of asphalt for both sides of the roadway shown for a minimum
of 250' in either direction from property.
Site and Grading Plan:o Scale of I"=20'or largertr Property and setback lineso Existing and proposed easementsa Existing and proposed grades
a Existing and proposed layout of buildings and other structures including decks, patios, fences and
walls. indicate the foundation with a dashed line and the roof edge with a solid line.o All proposed roof ridge lines with proposed ridge elevations. Indicate existing and proposed grades
shown underneath all roof lines. This will be used to calculate building height.n Proposed driveways, including percent slople and spot elevations at the propefi line, garage slab and
as necessary along the centerline of the driveway to accurately reflect grade.
tr A 4' wide unheated concrete pan at the edge of asphalt for driveways that exit the street in an uphill
direction.
o Locations of all utilities including existing sources and proposed service lines from sources to the
structures.r Proposed surface drainage on and off-site.tr Location of landscaped areas.u Location of limits of disturbance fencingo Location of all required parking spacesD Snow storage areas.n Proposed dumpster location and detail of dumpster enclosure.D Retaining walls with proposed elevations at top and bottom oF walls. A detailed cross-section and
elevation drawings shall be provided on the plan or separate sheet. Stamped engineering drawings
are required for walls between 4' and 6'feet in height. .tr Delineate areas to be phased and appropriate timing, if applicable
Landscape Plan:D Scale of 1" = 20' or larger
a Landscape plan must be drawn at the same scale as the site plan,
tr Location of existing trees, 4" diameter or larger. Indicate trees to remain, to be relocated (including
new location), and to be removed. Large stands of trees may be shown (as bubble) if the strand is
not being affected by the proposed improvemenG and grading.tr Indicate all existing ground cover and shrubs.D Detailed legend, listing the type and size (caliper for deciduous trees, height for conifers, gallon size
for shrubs and height for foundation shrubs) of all the existing and proposed plant material including
ground cover.tr Delineate critical root zones for existing trees in close proximity to site grading and construction.a Indicate the location of all proposed plantings.
o The location and type of existing and proposed watering systems to be employed in caring for plant
material following its installation.
Page 4 of IZl02/07102
a Existing and proposed contour lines. Retaining walls shall be included with the top of wall and the
bottom of wall elevations noted.
Floor plans and
oseo at angles not rd
railings, chimney caps,
elevations should
at the Design Review
Lightang Plan:
u Indicate type, location and number of fixtures.o IncluQe height abcive grade, lumens output, luminoqs areao Attach a cut shEet for each proposed fixture. .
,,
.':
II. IMPROVEMENT LOCATION CERTIFICATE (ILC)
Once a building permit has been issued, and construction is.llnderway, and before the Building
Depaftment will schedule a framing inspection,. twg' gopigs of an Improvement Location
Certificate survey (ILC) stamped-hy a registered professional bngineer must be submitted. The
following inFormation must be provided on the ILQ;. .. , . l .
. o Basis of bearinq and tie to section corner. o' ntt propert! pins tound'or sei ::o Building *location(s) wi$l ties to property corners (ie. distances and angles)' .: . . E $ujlding.dimensions, inciudilrg {Fck and balconies,.to the nearest tenth of a footo Building and galdge floor elevations.and all roof ridge and eave line elevationso All drainage and utility service line as-builts, showing type of material, size and exact locationu All easements
Page 5 of I2l02l07lO2
PROPOSED MATERIALS
Tvpe of Material ColorBuildino Materials
Roof
Siding
Other Wall Materials
Fascia
Soffits
Windows
Window Trim
Doors
Door Trim
Hand or Deck Rails
Flues
Flashing
Chimneys
Trash Enclosures
Greenhouses
Retaining Walls
Exterior Lighting
other - +bfO
Notes: hWW
Please specify the manufacLurer's name, the color name a
Pase 6 of rZl02l07l02
nd number and attach a color chip.
PROPOSED I.ANDSCAPING
Botanical Name Common Name Ouantity Size
PRoPosED r.rn M rnltrthd
AND SHRUBS
EXISTING TREES
TO BE REMOVED
Minimum Requirements for Landscaping:Deciduous Trees - 2" Caliper
Coniferous Trees - 6'in height
Shrubs - 5 Gal.
Tvpe Square Footaqe
GROUND COVER
SOD
SEED
IRRIGATION
TYPE OF EROSION CONTROL
Please specify other landscape features (i.e. retaining walls, fences, swimming pools, etc.)
Page 7 of 12/02/07102
APPROVAL & VERIFI
o
UTILITY
o
CATION
This.form serves to verify that the proposed improvements will not impact any existing or proposed utility
services, and also to verify service availability and location for new construction and should be used in
conjunction with preparing your utility plan and scheduling installations. A site plan, including grading plan, floorplan, and elevations, shall be submitted to the following utilities for approval and verification.
Authorized
Siqnature
Date
QWEST
970.384.0257(fax)
Contacts:
Scott Carrington 970.468.6860
Jason Sharp 970.384.0238
EXCEL HIGH PRESSURE GAS
970.262.4076 (tel)
Contact: Rich Sisneros
HOLY CROSS ELECTRIC
970.949.5892 (tel)
970.949.4566 (fax)
Contact: Ted Husky
EXCEL ENERGY
970.262.4038 (fax)
Contacb:
Kit Bogart 97 0.262.40?4
Jim O'neal 97 0.262.4003
EAGLE RIVER WATER &
SANITATION DISTRICT
970,476.7480 (tel)
970.476.4089 (fax)
Contact: Fred Haslee
COMCAST CABLE
970.949.L224 x 112 (tel)
970,949,9138 (fax)
Contact Floyd Salazar
NOTES:
1. If the utility approval & verification form has signatures from each of the utility companies, and no comments
are made directly on the form, the Town will presume that there are no problems and the development can
proceed,
2. If a utility company has concerns with the proposed construction, the utility representative shall note directly
on the utility verification form that there is a problem which needs to be resolved. The issue should then be
detailed in an attached letter to the Town of Vail. However, please keep in mind that it is the responsibility of the
utility company and the applicant to resolve identified problems.
3. These verifications do not relieve the contractor of the responsibility to obtain a Public Way Permit from the
Department of Public Works at the Town of Vail. Utilitv locations must be obtained before dhging in any public
right-of-way.or easement within the To$& of.Vail. A buildirJg
obtained sesaiibtelv.' ''"' i , '..,
ermit is not a Publiel0/a
Developer's Signature Date
ermit and must be
NOTES TO ALL APPLICANTS
Pre-apolication Meetino
A pre-application meeting with Town of Vail staff is encouraged. The purpose of a pre-application
meeting is to identify any critical issues pertaining to the applicant's proposal and to determine the
appropriate development review process for an application. In many cases, the pre-application meeting
helps to expedite the development review process as critical issues are identified and dealt with in the
preliminary stages. A pre-application meeting may be scheduled by contacting Judy Rodriguez at
970.479.2128 or irodriquez@ci.vail.co.us
Time Requirements
The Design Review Board meets on the lst and 3rd Wednesdays of each month. A complete application
form and all accompanying material must be accepted by the Community Development Department prior
to application deadlines. A schedule of DRB meetings and associated application deadlines may be found
on the World Wide Web at http://ci.vail.co.us/commdev/planninq/drb/meetings/default.htm For a hew
residential development, the application deadline is typically 3.5 weeks prior to a Design Review Board
hearing.
Review Criteria
The proposal will be reviewed for compliance with the Design Guidelines as set forth in Title 12, (Zoning
Regulations) and Title 14 (Development Standards) of the Town of Vail Municipal Code.
Requirements for prooerties located in hazard areas
If a property is located in or adjacent to a mapped hazard area (i.e. snow avalanche, rockfall, debris flow,
floodplain, wetland, poor soils, etc.), the Community Development Department may require a site-specific
geological investigation, If a site-specific Aeological investigation determines that the subject property is
located in a geologically sensitive area, the property owner(s) must sign an affidavit recognizing the
hazard report prior to the issuance of a building permit. Applicants are strongly encouraged to consult
with Community Development staff prior to submitting a DRB application to determine the relationship of
the property to all mapped hazards.
Reouired Plan Sheet Format
For all surveys, site plans, landscape plans and other site improvement plans, all of the following must be
shown.
1. Plan sheet size must be24"x 36". For large projects, larger plan size may be allowed.2. Scale. The minimum scale is 1"=20'. All plans must be at the same scale,3. Graphic bar scale.4. Nofth arrow.
5. Title block, project name, project address and legal description.6. Indication of plan preparer, address and phone number.
7 . Dates of original plan preparation and all revision dates.B. Vicinity map or location map at a scale of 1"=1,000'or larger.9. Sheet labels and numbers.
10. A border with a minimum left side margin of 1.5",
11. Names of all adjacent roadways.
12. Plan legend.
Page 9 of 12102107l1z
Desion Review Board Meetinq Requirements
For new construction and additions, the applicant must stake and tape the project
property lines, proposed buildings and building corners. All trees to be removed must
applicant must ensure that staking done during the winter is not buried by snow. All
staking must be completed prior to the day of the DRB meeting.
site to indicate
be taped. The
site tapings and
The applicant, or their representative shall be present at the Design Review Board Hearing. Applicants
who fail to appear before the Design Review Board on their scheduled meeting date and who have not
asked in advance that discussion on their item be postponed, will have their items removed from the DRB
agenda until such time as the item has been republished.
If the DRB approves the application with conditions or modifications, all conditions of approval must be
resolved prior to the issuance of a building permit.
Staff Aoproval
The Administrator (a member of the planning staff) may review and approve Design Review applications,
approve with cetain modifications, deny the application, or refer the application to the Design Review
Board for a decision. All staff approvals are reviewed by the Design Review Board and any staff decision
is subject to final approval by the DRB.
Additional Review and Fees
If this application requires a separate review by any local, state or Federal agency other than the Town of
Vail, the application fee shall be increased by $200.00. Examples of such review, may include, but are
not limited to: Colorado Department of Highway Access Permits, Army Corps of Engineers 404, etc.
The applicant shall be responsible for paying any publishing fees in excess of 50% of the application fee.
If, at the applicant's request, any matter is postponed for hearing, causing the matter to be re-published,
then the entire fee for such re-publication shall be paid by the applicant.
Applications deemed by the Community Development Department to have design, land use or other
issues, which may have a significant impact on the community, may require review by external
consultants in addition to Town staff. Should a determination be made by Town staff that an external
consultant is needed, the Community Development Department may hire the consultant. The
Depaftment shall estimate the amount of money necessary to pay the consultant and this amount shall
be forwarded to the Town by the applicant at the time of filing an application. The applicant shall pay
expenses incurred by the Town in excess of the amount fonvarded by the application to the Town within
30 days of notification by the Town, Any excess funds will be returned to the applicant upon review
completion.
Page 10 or 12102/07/02
Suruey/Site Plan Review Checklist
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.47 9.2L39 faxi 970.479.2452
Submittala Stamped survey of property
o Civil/Site plans
Suruev Reouirements:
Surveyor's wet stamp and signature
Date of survey
North arrow
Proper scale (1"=10' or I"-20')
Legal description
Basis of bearings / Benchmark
Spot Elevations
Labeled right of way and property lines;
including bearings, distances and curve
information.
Lot Size
Buildable Area (excludes red hazard
avalanche, slopes greater than 40ol0, and
floodplain)
D Landscape plan
o Title Report (Section B)
o Environmental Hazards (ie. rockfall, debris
flow, avalanche, wetlands, floodplain, soils)D Watercourse setbacks (if applicable)o Trees
o Labeled easements (i.e. drainage, utility,
pedestrian, etc...)o Topography
o Utility locations
o Adjacent roadways labeled and edge of
asphalt for both sides of the roadway shown
for a minimum of 250' in either direction
from property.
D
tr
tr
D
tr
tr
u
B
tr
Site Plan ReEuirementsl
I. Access (check all)a Driveway type and finished surface are shown on the site plan.u Unheated o Heated (portion in ROW in a separate zone)
o
a
tr
Snow storage areas are shown on the site plan within propefi boundaries (30% of driveway area if
unheated; 10o/o of driveway area if heated)
All driveway grades, dimensions, radii are clearly noted on the site plan and conform to Development
Standards, p, 11. Steepest Section Driveway Grade (not the average grade):_
Parking spaces and turning radii are noted on site plan and conform to Development Standards,
pp.12&14
Construction Site (check all)
Location of all utilities and meter pits are shown on the site plan.
Limits of disturbance construction fencing is shown on the site plan.
I am aware that approved Staging and Construction Traffic Control Plans, as per the Manual of
Uniform Traffic Control Devices, will be necessary prior to construction.
I am aware that a Revocable Right of Way Permit will be required prior to construction.
TO1IAI
web: www.ci.vail,co.us
*This checklist must be submitted priorto Public Works review of a proposed development
Owners/Project Name:
Project Address:
Applicant:Phone Number:
Page 11 of I7lA2/07lOZ
ffi, Drainage (check all that apply)u The required Valley Pan is shown on the site plan as per Development Standards, p. 12.o (Note: Valley pan must not be heated)o 4 Foot Concrete Pan D I Foot Concrete Pano Positive and adequate drainage is maintained at all times within the proposed site.o Culverts have been provided and are labeled and dimensioned on the site plan.
r A Hydraulic repoft has been provided. (As requested by Town Engineer)
ry. Erosion Control (Check all that apply)tr Disturbance area is greater than one half acre.n A separate Erosion Control Plan has been professionally engineered and PE stamped.o Less than one half acre has been disturbed, and proper erosion control devices are shown on the site
plan.
V. Floodplain (check all that apply)tr The project lies within or adjacent to a 100 year Floodplain.tr 100 year Floodplain is shown on the site plan,
o A Floodplain study has been provided. (Required if floodplain is within construction limits or as
requested by Town Engineer)o The project does not lie within or adjacent to a 100 year Floodplain
VL Geological/Environmental Hazards (check all that apply)tr The project lies within a Geologic/Environmental Hazard area. (See Development Standards, p. 20)a A Hazard Report has been provided
o The project does not lie within a Geologic/Environmental Hazard area,
VII. Grading (check all that apply)tr Existing and proposed grades/contours are provided on the site plan.
I AII disturbed areas have been returned to a 2:1 grade.
a All disturbed areas not returned to 2:1 grade have been Professionally Engineered with slope
protection and/or stable soils. PE stamped details are provided within plans.
o Only existing contours are shown on the site plan, there is no proposed grading.
VIII. Parking (check all)o All residential and commercial parking spaces conform to the Development Standards, pp. 12&15.
H. Retaining Walls (check all that apply)u All retaining walls conform to the standards in the Development Standards, p. 19.D All retaining walls and combination walls over 4 feet have been Professionally Engineered and a PE
stamped detail has been provided within the plans.
a All retaining walls are shown on the site plan, with labeled top and bottom of wall elevations and type
of wall construction.o No retaining walls are required for this project.
X. Sight Distance (check all that apply)o Proper sight distance has been attained and shown on site plan as per Development Standards, p.12.
aPropersightdistancehasnotbeenattained.Exp|anationWhy;-
Additional Comments
Please provide any additional comments that peftain to Public Works Review.
Page 12 of 12102/07l1z
Applicants Signature_
,From
Land Tit'le (S9) Thu 06 May 2004 01:12:49 PM MDT Paqe 1 of 14oaF
land Tltle
Land Title Guarantee Company
CUS'f O}TER I}TS'I'RIBUI-ION
Daie: {15-lX-2lltl4 (hrr (}rder Number: V(3771111.1
Property Addrms:
VAIL VTLIJ,GS TNN
If grn have any irquirics or rcqnirc ftudrer rrssistrnce, please conhct one trf tlle mm$ers below:
For Title .4..slistnnce:
Vail Title DepL
Karcn Biggs
10ri s. FRoNTA(;E RD. W. #203
P.O. BOX 35?
vArL, co 816s7
Phone: 971]-476-2251
Faxt 970-476.4732
D,MaiI: kbiggs@llgc.com
CON'i\{IE DORSEY
!Alt. Vll-l.A(llt $'iN
t2 r',ul. ROJ\D, STf" 2m
vAtr4 co E1657
Phrrncr f/ll4?6-56?,2
Fut:. 9704764561
Setrt Yia Fax
From Land Title (S9) Thu 06 May 2004 01;12:49 PM MDT Page 2 of 14oo_
m Land Title Guarantee Company
Da&: {}5-06-2t}0,1
Our ()rder Numlrcn V{277781,1
Itropcriy Addrrrrs:
VAIL VILLAG{ INN
Buyer/Boron'er:
I}AYMER CORPORATION N.V.. A NL'T'HT]RL4.NDS AN'I'ILLES CORFORATION
lieller/{}rloer:
DATMER CORIORA'T-ION N. V.. A NTfI'H}:ITLANI}S AN'IILLES CORFORA'T'TON
Nccd a sap or direclioos -for -your upcoming closing? Ctcck oul Land fitlc'r wcb sil,c al www.ltgc.conr
lbr directions to any of onr 54 ot'lice locations.
I';STTMATL OF TTTLIt I.'nES
Idormalion Birder s7so. oo
'fol)ll-91s0. O0
For sei?lrr rEl?ccr' TIIAIIK l'OU fOR YOTTR ORDnR!
From Land Title (S9) Thu 05 May 2004 01:12:49 PM MDT Page 3 of 14
-lLand lifle
LIN) TIT1ECUAHANIE @'1PRNY
lhl\rUCE
fi,rnsn DAYMER CORFORATION N.V., A NETflERLANDS ANTILLES CORI'()RATION
Prupcrly Addcss: VAIL VLt AGlt INN
Yorr Refererrce No.:
l41hen refenirg tn this order, plese n:fen:rce our (hder No. V(2777117,7
- cE{R(;E.i -
Irform:rti{}n Birdrr $150.r)0
-'fola|.-$150.00
Plsd;e rrr*ke cl*ck; payable trr:
t .arrl 'lillc Guer+dar Comlany
P.(I Brx 5440
Dmver, CO ft0217
From Land Ti t'l e (S9)Thu 06 May 2004 01:12:49 PM MDT Page 4 of 14
Chicago li0c losurare Cornpany
ALTA C(}MIlIITI}IENT
Schedule A
Our Ordcr No. VCfi7787.1
C\r.st Rel'.:
Property Adrcr*s:
VAILVLI,A(;EINN
l. Effertive Date: April lt, 2004 at5dXl F,[tI'
2. Policy to be Lssned, and Pnrprned Inmred:
Idodnation Bidcr
Pruposed Imund;
DAYMSR CORT'ORA'T'|ON N.V.. A NIfI'HI4RI,ANDS ANTII,I .FS CORPORA'T'rcN
3. The astate rr intenx;t in the land ale$crilttd or rel'errcd |,tr in this Crunmitment and covered herein is:
A Fec Sirnde
4. fiUc to Urc cstatc or inlcrcst covcrcd hcrcin is at lhc cffcctivc datc hcrtof vcs{cd in:
DAYMER C(}RP(}R4,TION N.V.. A NDTTIERLA,ND$ ANTILLEIJ CORfi)RATION
5. Thc land rclcrrcd lo in this Commilrnenl is dcecribcd as followdi
IIXE ATTALEED PAGE($ F(}R I,E(;AL DESCTIPTI(}N
From Land Ti t'l e (S9)Thu 06 Mav 2004 01;12:49 PM MDT Page 5 of 14
Our Ordcr No- V(277787.1
tGALtECf,mct\l
PARCF,I, 1:
CONDONIINIUM UNII'1, VIrIAGE INN PI.AZA.PHASIC IV CONDOMINIUNIS, ACCORDING TO I'TIE
coNDotIINIUM MAP REC()nDED DE(A\IBER 17, 1992, IN B(X)K 5% AT PA(;E 9r.0, AND A"S
DFJINF,D AND DIISCRIRT'T, TN TFTN CS{DOM]NIUIII DFCIARATIOi{ RFCORI}T'D IT'CT',\ffiER I7, 1992
]N tsOOK 596 A'I PAG-E 9O', COUN1Y O}' EAGLE, S1ATD OT'COTORAI}O.
PARCIIT,2:
O*IITTTD
PARCIIIL 3:
ON{ITIT.JI)
PARCEL 4:
I'HOSD POR'|'rONS Or t{)ls l\4 N, ANI) o. BLOCK5-D, VAIL V|LI,AGE, !'rRSl'l'rLING
ACTT)RDIN(; T() TIIE IVIAP IITEREOF RECORDED UNDER RELT,PUON N0. 963It2 I|i THE OF]FILT-
oF TrffEAGIlt COUNTI" COT,OR DO, Cr.rlRK ANr) RFCORD|]R (CLTdRICS RTrcORDS) DTiSCRBEI)
ASIOLLOWS:
nncINNINc AT.^ pOrNT, ON THn NORTHnRIJ LINn OF SAID r,OT O, WHrCrr IS THrt
NORI'TIEAST CORNT'R OT,'A PARCtsL DISCRIBDD IN ITOOK 230 AT PAGE 556 OI' TTIE CLERK'S
RECORDIi, WHEN(E TIIE IiORTTIIVEST CORNER ()F SAID Il)T N BE{.R.i NORTH 79 DB(;REES 46
]!flNUTBS 00 STCONDS WITST 175.00 I,TlltT DISTANT; TriltNCIt Ar,olic SAID NORTIIIIRIJ r,INq
sou.ru 79 DEGRETF 46 l|.ilNur.ls 00 SECONDS EAST 178.ir0 r'Esl; 10lHn NoR'r-Hwr]s'r
C(}RNER OF VILLA.(;E INN PLAZA, A C()\DOIVINIIIIVI, ACCoRDIN(} T0 TIIE [,IAP TTIEREOF
RIr{ORDriD IN BOOK 349 AT PAGII r I OF THR CLERKS RIiCORDS; THI{INCB, ALONG TIIE
WIISTHRLY LINI; Or.'SAID VILr,AGll INN Pl,l{L , A CONDO[ilNlUl\4 SOUl]l 09 DEGRI-ES 30
DTINUTEIi IX}.SECONDS TryAST 37.51 trET TO TIIE N(}RTTIEA$TERLY C0RNER 0F C0ND{)MINruhI
NIAP FOR V[,I"{GE INN PL/IZA - PHASn Iv CONDONIINIUI\IS, ACCORITTNC TO TTItd M P THF.RF,OF
RJTCORDITD lN THts CLERI('S IIECORDST l'flrNCE IIIIPARI'INGSAID WI:S'I'ERLY LINE THE,
F'(}LLOWING NINE C(}I}RSES ALON(; TIIE NORTHF,RLY, EASTERLY AND SOUTHMLY LINES 0F
SAID CONDONINIUI\I MAP FOR VII-I,AGIi INN YI-\ZL - PIIASIT W : (t) NORm 79 rTECRTCF,S 4?
NilNU'IES ll8 SBCONDS Wt)S'r'70.07 l'Eltr'; (2) SOUTL 32 Db'GREBS 56 IltNUl'ES 27 SECONDS
WEST 63.51. FEET; (3) N(}RTH 79 DE(;RERS 47 IITINUTES I}II SEC(}I\'DS WBST 6I.4'6 FEET;
(4) SOUTH l0 DIIGR]'IIS 12 N.IINUTT{S s2 SITCONDS W[,;ST 69.82 Fr{nT, TOTIIII NORTITIIRLY
IACE Ol'AN EXI,STING BUILDIT^G; {5) SOUTH 79 DEGREES 58 IvllNUlIiS 51 SECONDS ri{ST
6.35 F3ET, AII)N(; TIIE NORTHRLY FALT OF SAID EX[\'TIN(; BUILD]N(;; (6) SOUTE 10
DTqGRI{I?$ 01 N,ITNUTTIS 09 STCONDS WI]ST 6,41 lrfiITT, AI,oNG THE IIASTI'RI.Y FACI} ON SAII)
lxIS'r'rNG BUILDING; (n DUPARIING'rlrE rt{S'tuRLY llA.CE Or SAID EXISI'ING BUI,DING'
S(IUTE 79 DE(;REES 47 IVilIIUTES Olt SECONDS EAST tt3.93 FET; ({l) N(}RIII 10 DE{nfnS 12
NIL\ruTTS 52 SIiCONDS EAST.il60 FnrcT; (9) SOUTTI 79 DF,CRIIES 47 l\{INUrr{S 08 SnCONDS
-uAsr 67.05 .b.Erfl" 10 l'ItE sA-u) WESl-rJRLy LrNrJ Or- VILI,AGF; INN PI,A'L{, A CONDOMNTUM;
IIIENLE TIm F{)LI.{)1VIN{; THREE C{)URSES AL{)N(: SAID }IIRSTERLy Lf,\E: (li SOUTII (19
DEGRIIF,S 3ll ll{IhIUTTS 00 SLCONDS WIET 50.91 FllIdT; (2) SOUTfl 80 DIeGRItf{S 30 I\'IINUTLS
00 SIICONDS IIAST 56.60 l,'Etr-I-r {3) SOUlll 09 D-E:GRIIES 3{} I'UNUTES 00 SECOI{DS wI]Sl'
7.46FEEI, T{) THE NORTHERLY LINE ()F VILLA(;E INN PT-AZA PHASES I AND IL
ACCORDING TO T}IE NTAP TFIIIRI1OF RITCORT,ED IN NOOK 388 AT PAGII 855 OF TIIN CT,IIRK'S
From Land Title (S9)Thu 06 Mav 2004 01:12:49 PM MDT Page 6 of 14
Our Order No VQ77787.1
I..EAI-DECRPnCN
RECORDS; THENLE TTIE F()LLOWIN(; FOUR LI)URSES AL{}NG Tm N(}RTIIRLY AND IIIESTERLY
LINIIS OF SAID \rIIInGIi INN PI"\7,A PHTLSI{S I AND II; (l) NORfiI 80 DItGRFJtiS 22
ItttNUTES 22 SECONDS Wts^ST 125.s9 r'rllft; (2) SOUTH 42 DEGRHES 32 MINUTHS 21 SE'CONDS
WEST {6.U1 FEET: (3) SOUI3 lt2 DE(;REES lt6 IIIINUTES 46 S:ECONDS 1{IBST 49.41t FET:
(4) SOUTH 10 Df'jGREIIS 13 NIINUTIIS 02 SIiICONDS WINS'r 53.51 I.T,lItT TO THn NOKIIFiSil]RIJ
COR},iIR OF T.-ORII:II.ITURE OR REVERIUR CLAUS$ AMENDNTENT.TU CONI}OMTNruM MAP OI. VILLAGE
INN PL{ZA . IIIA"SE V L$NDT)I\{II{IUNI.\ ACL'(}RDIN{; T() TIIE MAP IIITREi0F RECORDED IN THE
CIJRKS RIiCORI}S; TIIII,NCI' THI{ FOIfi}WING THRI{I{ COURSF.S
^TONG
THII NORTTIEPJ,Y I,INE OT
SAID FIRSI AMlNlltu-r.rr*1'1'O CONDOfiilNTUM MAP Of,' VILLAGf, tNN Pt AZ4 - PHASE V
COND{)MINIUMS: (1} NORTII ttl} DDCnm.s 02 IVIINLTTES 44 SEC(}NDS wEsT 106.72 FEET; (2)
NORTH 09 DIICRItI{S 57 NflNUTnS 16 SliCOhlDS IDAST 6.75 r,T{liT; (3} NORTH 8{f r}llGRFJtS 02
MrNU'r'Es 44 SECONDS WESr'5a23 r'tsgt', TO'frrE wES'r'u,RLy L|NE Ol. SAID r,gr'[.q 'THENCE
N()RTIIIXI DEGREBS23MINUIES lxl SEC{)ND:r- WBST 10s.76 FET, ALONG SAID TryASTERLY
LINE TO TtIIt NORTHVVIIST CORNER OF SAID LOT ltf; TFIIINCI{ ALONG Tmt WITST LINL OF
sArD LoT N, NORII{ 00 I}EGREES 23 ltrrNUTBS 00 SEC0NT}S WEST50.05 r'En'r. 10 'rH}l
S0UTHWE(iT CORNER ()F SAID PARCT,L DESCRIBU) IN B(X)K 23|) AT PA(;E 556 OF TIM
CIIIRKS RF]CORDSi TI{nhlCn THE FOIJ.OWINC TWO COLTRSIiS ALONG TIilSOUTIIIIRIJ ANI)
DAS'IERLY LIN-US Ol'SA1l) PARCEL: (r) SOU'ftI 79 DEGRUES 16 MlNU'r'gS 00 SECONIIS EAST
147.it6 EEET; (2) NORIE 10 DEGREEI| 14lvfr'{UTES Olf SECONDS EAST 147.43 FET, T()
THN POINT OF BI]GINN]NG. COUNTY OT EAGII'. STATI' OF COI,ORADO.
PARCEL 5:
coNDoMrNrUM UNIIS 2 AND 3, VILI,AGE tNN pLAZA - PHASE tV CONrlONilNlUM,S, ACCORTITNG
fi) TIIE C{INDOMNIIJIII lvf{P REL-ORDED DE{jE}IBER 17, ry)2, IN B{X)K 596 AT PA(E 910, AND
AS Dnr,T\WD AND IIT,SCRIRI'D lN Tlltt CONDONIINruNI DECLARATION RITCORI]I'D DECInfRER 17,
1992 IN BOOK 596 AT PACI 909, COUN1Y OI' EAGLE. STA'IU O}' COLORADO.
From Land Title (S9)Thu 06 Mav 2004 01:12:49 Pli MDT Page 7 of i4
A L1I-A COMMITI\II'N T
ScheduleR. Seclion I
{Requiremenh) (hu (}rder No. V(277787.\
Thc following arc lhc rcquircmcnts lo tlc complicd with:
llcm (a) Pqymcnt lo or for lhc sccolmt of lIrc granlor6 or morlg*ors of thc full considcratiotr for ltrc csltrac or
intenst b lx insrued.
llcm (b) Propc. irBtrumn(s) crcalirg Lbc cslalc or inlccrt lo bc insrmd mrot bc cxccutcd a{d duly filcd for ffcor4
1o-wit
Itlm (c) fbyficnt of all tm.ca, chargcs or asses$rncols lcvicd aod asscsscd Bgaiml lbc sublcl prcmisct which arc duc
ard pryatle.
Ilcm (d) Addiliosl rcquiremcnls, if any dscloscd bclow:
THls COMMNMI]N'f ]S T.'OR INF'OR}.TATION ONLY. AND NO TSLICY WIII I}E ISSUEI}
PURSUANTHERETO.
From Land Ti t'l e (S9)Thu 06 May 2004 01;12:49 PM MDT Page 8 of 14
ALTA COMA,IIl'N,I ENT
Sc}eihrle R - Section 2
(Exccptions) {}ur Order No. V(2777t17,1
'fhe policy or policies to bc issucd will contain cxccptions lo thr following unlcss thc samc arc disposcd
of trr the satidhction uf the Conpany:
1. Rignk or ctairrr of parlie$ in posscssion nol shown by lhc puUic ncords.
2. Iiaselncntg, or claims of easements, not sholrat by fte trrblic rccords-
3. Discrcpanci*xr, crnllictr in lxurdary lirrs, slxrfage in aret4 encnmclunenh, and au1' lati whicb a contd snrey ard
inspection of 0re prcmises would disclose and which art mt shoryn by tlre public rucords.
4, Auy lien, or right tr a lieq for servic*s, latxr or mderial trerelnforc or lxreal&r fumi^$hcq irrposed by hw ald
ml sho* r by tlrc prHic records.
5. Defmts, lirns, emunbnrces, advene claini or othcr mrtlen, if ary, crcafed, finl appearing in &e ptblic recordr or
attachir€ $fi6e$Erf to fte effeclive dab hereof h|t prior to fte date tlE Frposed insErd acguircs of ncord for
valrrc lbc es|:lh or inlcrrsl or rnrdgagc lhcrcon covcrcd by lhis CommilrrnL
6. Taxes or special assessmen8 yhich art rbt shown as exisling liern by Ore piblic rccords. o ffle TramrtrJs office.
7 . Liem frrr ru:puid water ud sewer chager; if any. .
E. ln addilion, lhc owrds policy will bc suhiccl lo thc nrorlgagc, iI any, ml,cd in Scclion I of Schcdulc B hcrcof.
9. RTGHT OI'PROPRIETOR OI'' A VEIN OR I,ODE 10 EX'T'lL{gf A-!{D Rf,MOVts HIS ORE
TIIENEFR'O]VI SHOULD TTIE SAME BE FOUND T0 PENIETRATE ()R INTER.SEL'T TTIE PREM$ES
AS ftINT'RV]]D IN UNITFjI) STATfC.S PATITNT RNCORDITI} JUI,Y 12, 1899, IN ROOK 48 AT
PAGtt 475.
10. RIGHI- Or1' WAY r{OR Dn{]HES OR CA\AIS CONS'TRUCIED BY l'HD AU1}IORI'rY Ol'l'Hts
UNITED I!^TAT-BS AS RESR\TD IN UNITED STATES PATENT REC()RDED.ruLY 12, 1t199,
IN ROOK 48,TT PAGTr; 475.
11. RI'SIRICTIVE COVIINANTS WHICE I}O NOT CONTAIN A FORTTJITURN OR RNVDRTER CI,AUSq
BU'f OnrIftfNG ANY COVTiNANT OR RES'r'r|JCIION BASnD ON rL{C& CO[,O& R_BLIGION,
SDC IIANDICAP. I'AMtr IAL STATUS (]R NATIONAL ORI(;IN UNLESs- AI\iD ONLY TO TI{E
rlxTriNT TRAT SAID COVINANT ( ) Is tilmMpT UNDER CHAprrlR 42, S"FCTION 3507 OF
llllE UNII'IjD S1'41'ES COD_E OR (B) Rtrr-ATES 10 H,LNDICAP BUT DOES NOt'
DFi(]RrlmiATEA{;.q.An$T Ii]A,NDIL},PIERSONS, AS CONTAINED IN INSTRUnIEf{T RECORDED
AUGUST 10, 1952, IN BOOK 174 ATp^cti, l?9.
12. RTTCIPROCAI, F,\SAVIENT AGRICT'IVTFNT RETWT{IiN VAII, VII,I,AC]' INN. A COT,ORADO
C10RPORATIOI{, JAMM Ll'D., A COLORAI}O LIMITED PARTNERSHIPAND VAIL VILLAGg
INN ASSoCIATE.S, A CT)LORAD(} (;ENERAL PARTNRSEIP RET]0RDED .IANUARY 3, 19$I IN
BOOK-jsr TP Gti324.
From Land Title (S9)Thu 06 May 2004 01:12:49 PM MDT Page 9 of 14
ALTA COMMITNIEN'f
Schedule R -Secfon2
(Erceptions) (hrr Order No. \(277781.7
'fhc poliey or policics 1o bc issucd will contain cxeeplions to thc following unlcss thc samc arc disposcd
of kr the satisiaction of the Conpanv:
13. TIiRIVIS! CONDTflONS ANr, PROVISIONS OF AGruIr,fi4FJ.[T RECORDnD SrPTT,MBER 09, 1983
IN BOOK367 ATPAGE,&}3.
-I.4. CONVtrYANCE OFEASEMEN'TS Brfr}YEEN VAIL VII,AGE INN, INC., A COI-ORAI}O
C{)RP(}RATI(}N A}r-D F&L VAIL VILLAGE f,{N PARTNER.SEIP, A COLORADO {iENERAL
PARII\-ERSHIP RIICORI'FiD ruIJ 10, 1984 tN BOOI{ 388 AT PAGE 861.
DECI,ARAT|ON OF PARTIAI, VACATION OF EASNMT'NTT IN CONNIECTION WTITI SAII)
EASEMTNT RHCORDI]I) JULY 25, 1985 IN BOOK 4A) AT PAGE 741.
15. l'ERl!I,S, CONDIIIONS AND TROVISIONS OI.'DIICI-ARAUON O}'SASEMEN?5 AND RIGH1S
REC(}RDf,,D FTBRUARY {I4. I9II8 IN B(X)K 478 AT PA(;E 377.
76. TER]Vf,\, (}I{DITI(}NS AND PROYf,SIONS (}F DELI-ARAII0N C'(}N(ERNING PARKING TryTTHIN
SPNCIAI, DE\4il.OP'I}IFNT DISTRICT 6 RIiCORDFjI) JIJI,Y IO. T984 IN BOOK 38TI AT PAGII
Es6.
L7- IlASUMtrNlTj, COFIDT'IIONS, COVENANIS, RtsSTHgnONS, RESERVAI'IOI\iS AND NgrSS ON
TI{E COND(N,IINIUIVI IVIAP REC{}RDED DELU\,IBM.17. 1992 IN B(X)K 596 AT PA(;E 910.
1$. TInXiE PROVISr(]NS, COVEhiANTS AND C()NDmONS, EASWIENTTi AND RESTRIL'TIONS,
1VHICII ARI' A RURDEN TO TIil] CONDO}'fi\IIUN| UNIT DISCRIBIil' IN SCHIDUI,II A, AS
CON'IAINED IN INST'RUMIiNT RSCORDED DECEMBER 1?. T99A N BOOK 596 A1'PAGE
9119.
19. TERtr i, CONDtrr()N.S AND PROV$IONS OF CUVENANT REC{)RDED DECB,IBER 17, 1992 IN
BOOK 59d ATPAGR 9II.
(TFIII AROllt ruFiIltS AI'T'IrcT 1)
20. TERrvtS, CONDTTTONS AND PROYTSTONS OF rlrCCr"{RATTON Orr F,,{SEDflrN'rS RF{ORDrln
DECttMBnR 17, r992IN _BOOK 596 AT pAcE 908 AND AS SHOWN ON ALI'A/ACSI\{
PREFARM iIJLY 26,1ry6 BY AA{;L'E VAI,IT"T SURI'EYIN(;, IN(; JT)B NO. It54-5.
From Land T.itle (S9)Thu 05 May 2004 01:12:49 PM MDT Paqe 10 of 14
ALTA COMMIl'&IIN T
ScheddeR-Section2
@xceptions) (hu Order No' \{277787 '1'
fhc poticy or policics to bc issucd will contain cxccptions to lhc folowing unlcss lhc samc arc disposed
rrf trr the satidaction of the Companv:
(TIIE ABOVE ITMI AFTELTS PARCEL 1 AND PARCTL 4)
2I. R(;HT 0F WAY FOR DIT(EF^S ()R CANALS L'0NSTRUC'TED BY THE AUTHORITY {)F TIIE
UNffED STATIiS AS RTiqER\{TD IN UNTITJD STAflLq PATIINT RT'CORDTD JUT,Y 12. 1899,
IN BOOK4E A'I PAGE 475.
2L RIGHT O}'PROPRIE.TOR OT'' A VE.IN OR LODE lO HX.I'RACT AND RJIMOVE HIq ORE
THEREFROITyI SIIOLJLD IEE SAME BE II)UND TI) FETIETRATE OR INTERSELT IIIE PREMI;\IES
AS RT,SERVND IN UNITFD STATIiS PATIINT RTNCORDID ruI,Y 12, 1899, IN ROOK 48 AT
PAGE 475.
23, HIST]RIC1]TV},; COVENAN'ffi WHICH I}O NOT CONTAIN A T'OR}'ETT'URE OR RI'VT;I{I'ER CLdUSE,
BUT OIVIIfIING ANY CO\'EFTANT ()R RNSTRICTION BAS'ED ON RA(E COI]O& REIJ(;ION,
SI'X. HANDICAP. FAI\IIT,IAI, STATUS OR I'{ATIONAI, ORIGIN UNT,TSS ANT' ONIJ TO TfM
IEXI}]F|'[ THA'I'SAID COVEN.ANT(A) IS ID(EI\,IIII UNDER CHAPTBR 42, SEgr'loN 3607 OI,-
TIIE UNITM STATES CODE OR (B) RELAIE$ T() HANDICAP BUT DOES NOT
DrscRrr\[NATE AGAINST HANDrC,\P ptlRSONS, AS CONTAINUD rN INSTRT]TVIrNT RlllCORDED
AUGUST r0, 1962, rN -BOOK 174 AT PAGil 179.
24. EASEMENII;. CONDInONS, COVENAN'IE, RtrSTRrgnONS, RtSgRVAl'tONS AND N(n'ES ON
TItr RECORDED PLAT (}F YAIL VLI.A(;E FIRST FILIN(;.
25. RECIPR(TAL EASENIE}IT A(;RE&IENT BETWMN VAIL VILLAGE f,\N, A C()L()RA.D0
CORPORATTON, J{IVIM I,TD., A COI,ORAI}O I,]MIT]'D PARTNF,RSHIP, AND VAII,ITI,INGTi
INN ASSOCIAI'ES, A COLORADO G'iNEI{{L PARI\E,RSHIP RIJCORDED JANUARY 3, T9B3 IN
B(X}K 351 AT PA(;E 324.
26. UTILITY Efu$EIIIENTAS (;RANTD T{) HOLY CR(\CS EMC'TRIC ASSOCf,{TI(}N, INC, IN
INSITT]]IIIff]T RI'CORDf'D JANUARY 2I. I9B3 IN BOOK 352 AT PAGI] 396.
27- TTRMS, CONDTTIONS AI{D PROVISIONS OF AGRrCr,$.|FNT RITCORI}rD SFlPrTr.MBllR 09, I9B3
lN B()oK 367 A'I PAGE 833.
2E. ENCROACITI\{EN1'O}'BAStrMENT ARE.A OT- VILLAGI] INN PI,AZ{ AND VIIT{GE INN PI,AZA
PHASES I AND tr (}NTt} S'UB.IECT PR0PI.RTY A.Ii SHOWN ()N IIIIPR0VMIENT L(XJATION
CT'RTII'ICATI' BY F,/\GI,II, YAT,I.EY SLTRVIIYING, INC., JOB NO. 854-5 I}ATfiI} JUIJ 26
From Land Title (S9)Thu 06 Mav 2004 01:12:49 PM MDT Page 11 of 14
rTMEN'T
j
()ur Order No. Vl2lT|tl7,l
following unlcs$ thc samc arc disposcd
GF] INN PLA.ZA PHASES TAND II ONTO
LfiJAIA}N CERTtrICATT BY EAT;LE
ruLY 26, 1996.
SA[} I]NCTOAC}IMI.NT WAS RI'CORDI{I}
CEI|iN. tNC,, A CSIORADO
! A COLORADOGENERAL
AT PAGIT 86I.
IN CONNFCTION WTIH SAII)
A1'PAGE 74I.
AND VTEW AGRJ'SMUNT
(;E 167.
A(;REMEtr{T RECORDM AIDRIL lil,
: COVT'NANTS RF{ORI}ET' APRII.
ED APRIL A). T992 IN BOOK578
FJ.SEIIIEI{T REL'{)RDED D'AY 1II, 1Y}4
DAI'r\fi;n CORPORAfiON N.V., A
ALl'A COM
Schedule R .
(Exceptions
fhc policy or policics lo bc issucd will conlain cxccplions to
of to the satidaction uf the Cornpany:
1996-
29.trNCROACHMEI\1'ANI} ROOI. OVERHANG OT.' V
s'UBIELTPR0PERTY AS SHOrIT.I ON
vAIJ,ftY SURVEYTNG. tNC-, JOB NO- 854-5, DA
NOTtl: IiASnnmNT AGRI'XUIII.NT IN CONNnCTION
JULY 10, 1984tN BOOK3SSATPAGE$6r.
CONYEYAIICf, OTEASEMITN'rS BIr'TWEEN vArL v30.
C{}RIII)RATI(}N AND F&L VAIL VILI,A(;E f,{N E
PARTNTIJRSHIP RI{OORI}]]D JUIJ IU 1984 IN BOOK
DT'CI,ARATION OF PARTTAI, VACATION OF
EASEMtsNTRECORDE,D JULY 25, T985 |li BOOK
31.1IRM5, CONDIlIONS ANI} PROV$TONS OI.'EN
RECORDED DEC&IBER 22! 1989 IN B(X)K 520 AT
32.TERNf,S, C0AIDNIONS AND PROVLSIONS ()F
1992 rN BOOK 577 AT PAGE 628.
TnRMs, coNrlnroNs AND pRovtsroNs or33.
23, 7992 rN BOOK 578 AT PAGE 368 AND
AT PAGE 996.
IERIV|S; CONDTIIONS AND FROVHI{)NS OFDm
rFIBOOK640ATP Glt62t.
(TTIMBOVIt ITEIVIS AIIFF.CT P RC[,X,4)
35. EXISTTNG II1ASES AND TII,IANCIIIS.
36 DI{IU) OF TRUST DATT{D FITBRUARY 25. AXH
From Land Title (S9)Thu 06 May 01:12:49 PM MDT Page 12 of 14
ALTA COM
Schedule R -
fhc poliey or policics to bc issucd will contsin cxccFtions to
of kr the satidhction d the Cornpany:
NL-IHD.RLANDS A]\T]I.I,ft:S CORTTRA'IION 1'O
THE USE OF WES'rs-TAR BANK T() SDL'URE THE
AMOUNTS PAYARI,IT. UNDER T}IN TERIVfS
RS(EmION NO.87069&
ITMEN'f
2
()ur 0rder No. V(J77Jlfl '1
following unlcss thc samc arc disposcd
PUBLIC'T'RUSIUE OI' EAGLE COUN1Y I-OR
oF $3,rxf0,rxxr.00, AND AIIY {}IHER
, RF,CORDI'I} IIIARCH 15, 2004, UNDT'R
From Land Ti t'l e (S9)Thu 06 May 01:12:49 Pitr MDT Page 13 of 14
ANTEE COVIPANY
ATEIVIEI{Ts-
&af:
taxir€ district
rnay bc oblaird fmm thc Counly
of such districts rnay be obtained fmm
ard Rrcordcr, or thc Counly .{sscsscr.
0ut all documnts received for recordilg or filirg
of at lcast om ich aad a lcll, right ad bolrom
nray refrne tr mcord or lile any d<rcturrnt that
margin sha|I mt apply to docunenb usirg fotms
al thc 10p dargin oI thc docufired.
Paragraph C of Artcle VII requircs fital "ltYery
of n:cord prior lo thc tirnc of rectrdiug
lin mcurdi4 or l-rliIg of legal
! Pnovided trai Iand fille Guaarne
is responsiblc for rccording lhc
will rrrt a14rar on tbe {}wneCs fille
may l* availaHe {tyFc:lly b1' deletittn
fmm the or,vner's Policy to be
must be a single l'amily rcsiderre which
Ore Cornpany agairsl un-liled
Prclrlnrm.
repain urdertalen on tIrc propedl to be pnchased
thc ltqurrcrEnls lo oblain covcrage
qlrrtrrction infirrrnalion; lirurcial id.rnbation
of tlre apprupriate premiurn fully
, an4 aqv addilional rcquircrrcnls
inl'trnmtion by lbe Oompanr.
or matcdal lor which llrc imurcd
or molcrial-mcn lor purposcs ol
Cornmibrnt within lbe ;nst 6 rnmfis.
brcn sevcrt4 leasc4 or olhcrwisc
lil{tlih{x}d that a lbfud party
geodrernal errcrgy in ahe property; ard
ad usc lhc prnpcrty wilhout lhc
to providc uny of lbc covcragcs
a rnircnrl severance i[ifiruned
Nrltr: Itniu$ttr to LT.S 10-11-122. nrtice is hcrdr
LAND 1'ITLE GUA
DISCLOSURE
A) The ,gubi*t real property may be located in a
ts) A Ccdifrcalc of Taxcs Duc lrsliqg cach laxirlg
Ihxlnrtds andxrized agenl
C) Tlle infsnnation rtgadirg specid dishicts ard Orc
aIrc Board ol County Commissioncrs, thc Coucy
Note: nffective Seplffi{rer l, 197, CR.S 3{Ll0-406
in Lhc clcr*. ard ecordcCs olIcc shall conlain a lop
nurgin of atlest orrc hdf cf m irh. lhe clcrk o"l
does not corforYn, except {tat fte rcquircn*trt for flre
on wlich spae is providcd for rccordiqg or ffing
Nots Colorado Division of Imurance Resulationg 3-5-
tillc cnlity sbll bc cspoxiblc firr dl qqtl,crs which
n'henever thc dfle endty conahrctr tle ckrsirry and is
tbfiarEnts nsultirB fmm lfte trarsrtion which was
Nott: Allirmalivc nrchuric's lien putcction firr lhe
of l{xception no. 4 of Schedie R, Seclion 2 of fte
issmd) upon comdirc wilb lhc followirg eo'rli6om:
A) Tbe lad described in S&e&le A of dris
inchdes a condorrinium or bwnhouse |ndL
ts) No labor or rulcrials havc bctn furrislrcd by
cohiur(tion on llte lard dercdhed in Schedr e A of
Corrpony conducl$ lic closi4 of thc insurcd tranraclion
legal dournenh; fnrm the Fansrlirnr, excepion rnunher
Policy and the Lerden Policy when issued.
Q The Cornparry nrust rcceive an 4propriate aflidavit
n[\chanicrs and rmlcrial-rncn's liem.
D) The Campany rnu* ftceive payn$Dt (f the
E) R therc has been consurrclion, imFovenErtg or
wilhin six nnnths prior lo lhc Dsh of lhc
for uresrr*d lieru will ircIrde: discftrsrw of
ai to the seller, {lrc lruilder ard or llre contnacbt
cxrculcd kdcmnity Agrccnrcnls salistactory l,o thc
a; rnav be neoessarv af'tcr an examination of tlrc
No covcmgc will bc givcn urrlcr any crrcrrnshrrcs for
hx; comncted for or qrced b pay.
Nolc: Pursuanl to Cl{S 10-11-123, mlicc is hcrtby giv
ThLs nltice apllie$ trl ownef s Frlicy comnihrents
exceptioq or excepliom. in Schedule R, Seclion 2.
A) mDf thclt is recordcd cvidcncc lllat a miner8l cstatrc
conveyed fnrm lhe $ul'ace ssl|te fld fhat therc is a
hold.s sone or all inbrgst in oil. gas, olher minerals,
-B) llal sucb mierll cslab may iclndc tbc right !o
snrfatr owneds pcrmissin
No{hirg hcruin codaincd will bc &cmd lo ohliga|t lbc
relbrwd to l:n:in rurless thc alxrve cordiliom arr lullv
torm DrsctoslrlE 09/01/02
From Land Title (S9)Thu 06 May 2004 01:12:49 PM MDT Page 14 of 14II
.TOINT NOTICE T)F PRIVACY POLICY
FidcHty Notional Financial {}roup d Cornpanir^s/Cbicago Titlc Insruancr Company and
Land f itlc Guaranl,ec Compan-v
.IUIY 1' 2ll{}l
Wc rrcognizc aDd resoccl lhc orivacy cxocctatioru of bdsl's cor\untru and tbc ftquirclrrcnls of ap{ icablc fcdcml and
litatr Drivev laws. tti' hclicryri tbal rirakiiu vou lware of lirw wc nsc vonr urn-mbfic pc'sonal idriimntion ('I'ersonrl
Inforin^diorf), ard to whom it is discloscd will fonn lhc bmis for o ri:lationhif of lnit bclwccn us urd thc puUic
lb[t wc scrrc. l}is ltivacv Strtrflinl pn)vidL\ lhal cxplarution Wc rrscrvc thl right tl chtqt this l]ivat'y
Stahrncnf fmm li.crc 10 6;c comislant'wilh apflicaHe priracy laws
In thc coursc oI our business, wc may collcct Pcrronll lnformalion about you from lhc following sources:
+ l'mrn apdicatiom or olhcr fordB wc mccivc from vou or your oulbotizcd rcpftf crtllivc;x inrrn yifrr haxuctions wifl4 rrr fnm Lhc scn'icrrs fuirg gi.r{irnmd hy, us. dur rdliliatcs, or (}lhcni;* -]'mnr bur idcrlret wcb silrs:* lnrnr t xi prblic rucotd; nE|imrin d lry govr:mrnntal cntiliLs that wr t'ithrr ohtain dirccuy fnxr thrnc
cntilics, o'r from our alf ialcs or othcisinnd* lnlrm conurrcr or olhtr rtpodirg agcrrirs.
Our Policies Regarding the Prolection of the Confidentialily and Security of You. Pensonal Informalion
Wc nr:rinhin phtsical. r:lcchrrnic ard pnrcdurul s:rfirruards lo Dmbcl vour ltrrsourl hfirrnrsEtrn fnrm uruuthlrircd
*ccss or inlri6ioo. Wc limit artrs tri lhc Pcaoml lifomralion ody lo lhosc cmolovccs rlro nccd such acc*ss io
cunmction wilh pnrvidirg prrdrrts or scrvices ttr yrxr or fir oltcr Fgitintatc tuSx:is prrprsrs.
Our Policies and Praclicer Regarding the Sharing o[ Your Perlonal Information
Wc ruy slnru your ltnonnl Idorrnalion with our dfliat:x, suc:h ur irsuramr cr)mpatri(ri, agcnts, txtd ttllrcr rt'al
cstatc aitflcrrrcit scn'icc pmvidcn. Wc also nray disclosc y6ur Pcrsond lnforrnaliori:
+ l,o agcnld, b|olcrs or rcpif,$cnlalivcs lo providc you wilh scrviccs you bavc rcqucslcdiI trr thid-Jrarty conh:rc&rx cr scrvicr pnri'i&rs w-hrr pnrvidr scrvitis or p,rfirnn lrurk:lir4 or tttlu:r
tuncliori ori our bchalt: arxle to othrs with wbon wi tntcr into jrfnt mda{itrg ryrtcr }nts frrr pnrducb or sc'ryiccrs th:rt u't hcfi(xc you
may frnd of inlccsl
ln addilion, wc will disclosc your Pcnonal ldormalion whcn you dirccl or givc us pcrmissioq wbcn wc arc ftquired
by law tt d<r so. rlr whcn r,r't su;n:cl fizudultnt or criminnl zr:tivitir:s. Wr ulso rnav dildrrsc vrtur I'r:nlrul
lnformalion whcn olhcrwisr ocnililhd bv aodicsblc nrivscv laws such ur for cxairuJc, wheh disclosurt is nccdcd
to c'dtrrcc rrur rights urising riut of anl dgntnu:n, Eirnsuc'don or rtlatiorx;hip nith yilu
ftru rf thc impor&Dl narptrsiti[tici of som' rf our uffiIiat-d c{rmFrNrics is tr n'rrxd drxrrnrnts in thc prHic
donrain Sm}l-docunndi nny conlni-o your Pcrsonal lnfurmalion '
Right to Acccss Your Pcrsenel lnforrnation and Ability to Corrcct Errors Or Rcquest Changcs Or Ddction
Ccrlaia stalcs *Ilord you lbc right 10 acc4ss your Pc$onnl lnfornntion and, rudcr crrlain qi6rrrnshrl'4sb lo fird oul.
tr wlxtm ronr ltnorial ldrrrirition h:l; hr'rit discftrsrd. Also. cc.rtain statti rdford vru thc ritrht lo rt$r:sl
corrccaioq arrcndnrnt or dclclion of your fbrtooal Infonrstion Wc rcscnc ilrc ri'ghl. whcrt pcnniUid by lalr, lo
chrrgc a ni*soruHc fcc to covcr lJrc c<xls irxrun".d iu rtsplndiry tt) liuch rc$rtlits.
All rcqr*sls submillcd lo ihc lidclily Nalioral l.lnotrid Group of CbmpanicdChicqo litlc lnsuftrct Compony
shall tr. in wriring, ard drlivcrcd lo lhc frrllowing addrcss:
hivacv Conroliance Olfi cer
Fidcliti Naddnd lri rnrz'ial. Ia.
4050 Calle Real. Suile 22O
S!nr! Barttara" eA 93110
lllultiplc Producls or Serviccs
lf wc Fovidc .you wilh rnort lhan onc tinanciat prodncr or scrvicc, you rray rcccivc rnorc lhan onc privacl norticc
fnrm ris" Wc upilrryiz,c for arry inconvcricrcc ri\ m$t ctffio votl.
5'orn PRIV- POtr.C!Jf
**************t * * * * * + * * ** * * * * * * * * * ** * * * * * * * *** * * * * * * * * * * *,f i. *,F * * * * * * x * * * * * * {.,* * * * * * * r. * 1. * * * * *. * *
TOWN OF VAIL, COLORADO Statement
,1.**** ********1.**+********X*************t !F**x'r<'t****r<t ****x'r.****8,k**)t<:r<'t t<*{<*<r.r.*{<r.1.r.**rr1.r.**r<**{<*
Statement Number: R040005796 Amount: $650.00 05/IO/2OO4O3:23 PM
Payment Method: check Init: ,IS
Notation: #2124IDAYMER
CORP
Permit No: DR8040179 T)4)e: DRB - New Construction
ParceL No: 2101082 03 003
Site Address: 100 E MEADOW DR VAIL
. IJocat.ion: 100 E MEADOW DRM
Total Fees: $550.00
This Payment: $650.00 Total ALL pmts: $650.00
Balance: S0.00
*)kr.*******4t*t{r'F******+**{.***{.*{.***{.!F****rr*******.**:t * r. * * * * rr * * * * ri. X< X< * * X. * * * * {. *:1. * * {. {. ** + {. * * + *:1. * {. * *
ACCOLTNT ITEM LIST:
Account Code Description Cur"r"ent Prnts
DR 00100003112200 DESIGN RtVIEl4/ FEES 650.00
O-
Vaii Plaza Hotel
Building Materials List
May 6,20A4
Building Element Material -Pattern Color
Roof Concrete Tile - Staggered Pattern Brown-Charcoal Seouence
Roof Copper Shingle Natural - Brown/Green
Patina
Flashing Copper Natural - Brown/Green
Patina
Gutters/Downspouts Copper Natural - Brown/Green
Patina
Walls - Upper Stucco - Slight Troweled Textwe Off-White/Tan Tint
Walls - Lower Aspen Granite - Roughly Squared
Ashlar Drystack - random widths
and heights
Natural
Walls - Base/Cap Colorado Rose Sandstone -
Rectangular Ashlar * (cut against
clefting bed)
Natural
Windows and Doors Meral Clad Brown Powder Coat
Windows Q.{orth
Elevation -Center
Portions)
Copper Ciad Natural - Brown/Green
Patina
Window and Door
Trim
2 x 4, Red Cedar Porter Paints 33029-l
Semi-Transparent Stain (or
equal)
Soffits I x 6, V-groove, Tongue and
Groove, Red Cedar
Porter Paints 33029-l
Semi-Transparent Stain (or
equal)
Railings Steel Tube and Bar Black Enamel or Powder
Coat
ChimneyRoof Copper Natural - Brown/Green
Patina
rt oo
Chimney Stucco - Slieht Troweled Texture Off-White/Tan Tint
Chimney Flue Steel Brown Enamel
Retainine Walls Aspen Granite - Roughly Squared
Ashlar Drystack - random widths
and heishts
Nafural
Paving Borders
(Driveway)
Rolled River Stones Natural - (Winter Mix)
Paving (Driveway)Pavestone Carriaee Stone Winter Mix
Main Paving
Borders @edestrian
Areas)
Colorado Rose Sandstone Natural
Intermediate Paving
Borders @edestrian
Areas)
Pavestone Villa Stone - Medium
Rectangle
Single Color from Winter
Mix
Paving (Pedestrian
Areas)
Pavestone-Villa Stone I - Random
and PathwayPattems
WinterMix
Exterior Lighting As Indicated
Trash Enclosures N/A
Greenhouses N/A
Vail Plaza Hotel
REVISIONS:
Job Number:
DV 4005
lssue Descrlptlon:
DRC Review
APPENDIX A
Fixture Guts
lssue Oate:
4t23t2004
oo
FLUORESGENT
Fixtures
oo
QUARTZ
Fixtures
Jllllo'lighting 4'' LOW VOTTACE ADJUSTABTE
I lsier!4'UNIVERSAL
5OW MR]6
Tc9trt400 sEruES
Fixtue Type:
locotion:
Contod/?hone:
ttoDUcI SPIc|nCAllONS DNTENSIONS
Lonp Ona 5O\{ lvlRl6lomp.
se.Lt| C€.omi bhio 'odd wiri olumin','n h€or lhield,
fim l}rS Whiie bokcd o.lomcl on sul, sotin throme a pclishad tross.
Trirn S.L.ti.n Rckr to poA* coda; bclc*{ ood dccsirions oo
f.dEt on r I ?V 5oVA *€B'olly p.obd.d mognak roorlonncr
'norrnbd lo irnctbn bax.
rrbc|r U.L. &ied k ilrroug$.ond, wi'in€, don'p bcodoiB, ond lP. ProduO tlsnolly prot*ted ogo'nir rmp.op€r ur€ o[ lofip3 ct
in.dd;on . Un;on 'nod! AfL4O . CSA certiffod.
ronilp All re6onr ore bosed on published indu*y proceduras; {ield
p€rio.nonco moy difit Forn lobo.obry p.rfomo{tc!.
Prodxt ryeci$cotions srSic(rlo choag€ wi*olrr trotice.
INIIAUANON
r*..rti|l rr.d6r Rolghin r€dion equippod wirir \,.rticolly odiu|tlblc
m€iJnling brodarr ilrot occept 'i. csdUit or 'C' chorm.l. iH&26 or
H8501 o' linsr ffor bofs [t827).
Jon.rk'r lor Pm+rimd iuution borr U.L lisird/CSA c€di$€d for
drolgh+ror.h wi.ing, ntdxinun I no- I2 AWG 9fC bronch circuit
aondudors i4 io, 4 out) . .brrlioo box proddod with rcrnoroble o.cs6.
plahs. {q|,' ond {l)'y'' kuckoot oad groad wiro. Knocl(ods
squippcd witft pryou :lorr.
lralrirg 22gouge dielonnrd gohddzrd arc| nourfing,n€ . 22-
gpcgp ;toel hoosing r fully osrenSl€d tcr ros. ol irunlkrion,
troxrcr coors
50JHl6
4 l./2" CSUN6 CUTOUT
A€€ISSO ESlalla.,alW.Ull t@Cffr!|50f ,fl6
xtt+afltFs ,4rdalhrfh IwStI lX nt6 ftfibrlh DGc|d{t'l+tflt.Ua tf'tt h!2f (doodbh{qt
trtlt-att-xfi
tl-to iio 5{f tdprd h [0{rt
&tt fftlf frdlrfnsB
L .d.., |'.* !*r s*..
E l+'al6.Yfi bo 1lrft t lna
tr'la-ttt|.rn|h,6l&tp lgrut6
l$lt-aat(4l||ur s{5gdfrt6
E lr.ta76{n tfir
!ir'
ua
t2!tllil gxlffitd
in stl
'
]n 50{m ql|}llt
R9lr-al+t Hr/frdm ItrnB
t*!fiJffit
rll'l&t*t(5&0'E lXY5{ll JOi' tltd
I('l+ta{l{ll 0dFdr/fl'tt& Nh lllllM 5t[ffitd
REV€nO
11t7t
l.tttrr
9A
lr16A
IN
lzr s 5lx
re 50drM
50t iIt6
git dn6
Vail Plaza Hotel
lssue Description: DRC Review
lssue Dale: 23-Apr{t4
fi*f Xo! I(911
l.Eidr tle6std lfl W@ r4ddb 4'' LOW VO$AGT ADJUSTABLE
4'UNIVFRSAL
5OW MRI6
TC9t4400 SER|ES
tinr l.h.rim
. 140 - flulh Gmbd Rnrg, odiudobh, 40! \,erticoi odi',.}'ned,
360' ra{otior
. 441 .Lnssd Sllow!, Trin, odtu.tol,l€, 3,4" opdtur6,
30' waicol 66;gs;46, 3661" rolot;*
. 442 . D..p Cnc, ddwnfigt*, 3',/.' cportrns
. !{3 " plihole. do'"light I %" opcrrul.
r 444 .loflc, down$ghtlodio obL, 33,/f oporturs, 3S'vsrtr-ool
odir8ltncnt 358'.otodon
r 445 - Sltf Ap.rtur., I 7L' x 2'1" op€rhrE, 50" ve'ticol
odiu.lncnr, 358" rctotion
. !.16 - S.oop, qdiusbbl6. 50" verd.ol odiu3rnlnt, 358' roiqtion
. 447 - Coo€, do.aljghl/odiuduHc. 3ir'op€rirre, 3.5" varikol
edi'r*mcif, 358" rotdtion, Abd'ffoislr-
. d48 " h/*oll wi$ Blo* Sofll€. ddiuibbL, 35" !*tool
ddiu:lrnenf , 358' r.rotio{r
. d49 - Ainring Ebory, odiui|*le. 75" \/!rti.6l odi!.tncrt,
358" rbtslion
. 9OraW ' Ocrosond widr wlib 8dfre. 35e yedicol odiu3Fneit,
358" mrotioi
@
{0{r . nd' 6iad !{, nd
{&t( ' f,d f id bc Sd' Onff
G@
fd!-had.,ialuN!: l{l.lds,!dMidl
1126 - 14 {G, fu{& 0.I IdG(D
ll!.lbllr* $r.*d0l+df
f a{ l^r\ 'lv@
alt4lB"r'fu Sor,tftia toal- oqq'dr/x9.A'k{Ss.&d l,&glh
|lg.!a.hiq tu,Sd
{tm.
{+r .Rdfiridh,llh 4llw.l4lrdh5lo[.li| .'|28-0t4t!'q9.otuftd$*,dL6!*0st8 ltx-0.q t*e- lenl tX rA*
tOlYtIr aA{SCti(a ./
q/l
-.rlltl
Ir sfr-:: iffi-i
[-**:---::1ro gEHj:;;:
l:'*:Lflfffi
@'
&,ddrofirr!&tr,
{!raw .ldr,
'fflE rd' r.ll tin ir,,.,:.\
l(,.'t])
.\@
||n.t!!,Wg*r}* ||}|ffi .irrHr/lfl!,lS
{tt-(qt,$aidd$ {}t{"Hdr/r*,Sd'
l17C - &€,sgcrh 6.1rd 6'dn
{r?n-a4r,tldbtri|}l* {a}||.!rhdt/!ft h|filE
Oll ' Cslbrtfl!.l'1&!(hef
K . fo.loadb ot hnn stb gtm gCnrl
Tie bcon qeod in furecs ond {p bor 'L' ond -\l\P in ilro toilowlng robJeo orc ccrnped or 50% ol trdarb€om condepo-er od ,epo-a oreos ol'&c|i!e itr'rt nclio.r.'-
"Dt o r, d6.p oiltir'g or'ob, bd' .I b€di extqdt b) ond 251
Jlf iloo'rishnrq
llt\ l30O 5. Wdt Rcod, eO- 8ox 5065. De. Plornes, ri 6@tZ5O65 phorr B4l.g!2.988O fN, AA7.A27.2925I ILr" 22O Chrylbr Dr, B'ompron, Onbdo, Co.odo, t6S 6 phone 9O5.29t.2335 tAX 905.292-0064
Vtsil
')3
ol \avqilnoiigiting,com rrinr.d nr U.Sr. Otooo.hiio ligl*q
'&
&on leon Rdd
lonp lyls St'."d tile CECP
60'4t'0'30'30'
A4r fc t !r FC IW DFC X ! Yi FC T LW DK X M
gownr w
ffi
'{fr.
n
/\
n000 t0200
t0?00
l0?00
t0?00
t0?Q0
I 638 10 t.0
6 283 1.5 t5I 159 ?.0 2.0r0 r02 2J 2.5t2 7., 2.9 2.9
dr4 r,3 t.l
r84 2.C i.7lM 26 2.3
66 3.3 2.84d 3.C 3.4
? 3r9 3.5 ?.t 1.0
3 r42 i.? 3.t r.54 60 6.9 l.t 2.05 5t 5.7 5.t 2.56 35 10.! 62 ?S
902 20 1,0 0.r
,401 3.0 tJ r.0
??5 {.0 2.0 13
ta4 50 25 1.7
i00 60 30 21
6 lC{ 4.0 ?3 ?.3t0 65 5.8 3.3 ?.it: 4d dp 39 3.ill 34 8.i t3 40t, 2d 9.2 5.3 4.J
4000 3d00
3400
3{tr
34m
34S
4 213 t.C I.96 94 2.4 2.!)8 53 t.8 3.3r0 34 n.8 ,t.8
12 21 5.8 5.8
138 2.6 1.2
61 3.9 3.3
35 5.2 4.4
t5 78 6.7
2106 3.5 46 i.g
3 47 5.2 7n ?.94 27 6,9 9.3 3.85 l/ 8l il3 d.s6 l? ln1 tia te
30r !.0 ?.0 t.4t3i 3.0 3.1 ?.c
75 4.0 1.t 2J
18 50 5.t 3.4
4 138 2.3 2.6 2.26 61 3J 3.9 3.3I 35 .1.d 5.2 4.4r0 22 5.8 6.i 5.5l? t5 Aq 7i A7
r{$0 1850
I850
I850
18J0
I850
2.9 2.9
4.4 4.1
5.8 5.8
7.3 7.3
8.7 9"7
4 66 5l829l0 19t2 i3
75 A1 3.A
33 6.1 5.Cla 8.1 6.1
t2 tc.? s.4I r2.? l0.l
258359629
3 2b 5.? \A.5 1.44 14 6.S JC.l) 5.85 9 8.7 21.t 7.3b 61CA .' 8.7
t6a 20 3.4 2.i/3 3.0 J0 3.14i 4.0 6.7 4.1
26 5.0 8.{ 5.1
t8 d.0 to.t 6.2
.\ 75 2.3 4.6 33 3-5 6.8 r9 a.d 6.t0 12 5.8 t0.12 8 6912.
5.0
6.,7
4.4iol
Vail Plaza Hotel
lssue Description: DRC Review
fssua Date: z3-Ap?q4
JUfIO'lighting 4'' LOW VOLTAGE ADJUSTABLE
Proiect:4'UNIVERSAL
5OW MRI6
TC9Irt-400 5ER|E5
qxtu.c Typ!:
Locofion:
Conloct/Phone:
PnoDUCt SPtCtflCAnONS Dlf/t[NsloN5
|'r:rp Ono sen/V MA 16 bip.
*'t C€ro.nic li'Pin so*d wfi$ obmi"om h€ot shi.ld.
Tdm f&r3 Whitr boked €nomelofl {6€1, sfin chrorn€ or pdiilud l|.osr.
trirn SeLdi.n Rab, ic pro&Jct codcr bclovr ond dc*riprtions oo
| 2V 5OVA dtsnto$y prot dld mogndi. rqn3l.*ft.t
mounl€d b iwidid1 bor'
r-holr tJ.L ht€d b Aro'€hlfoncl wiriqg. &r'p locdrions, orrd lPr Produa fiornrolh potcted ogoinrt irnpcopcr Use ol hnpr or
inrukrrion . Urio,r nod€ Aft-qo . CSA c.+iff.d.
tfrtir's An icpo.h ce bo.sd oi pubhlhd iidusty pro.€due: lield
perfornoncr moy differ lron hborotory perform<xrca
Prod*r speriffcotionr qrbkld to .honge ,,vittlod nolbe.
INSTAIIATION
rbs||rinr 3..rd(.r RougLin r.cnon €quipp.d widr vsri.olv odiBicbh
mounling bro*€h $or 6c€p 7?. co.d'r;f or 'C- d'off€h [HS26 or
HB-SO) or lineo, flol bors lt&221.
ll,rtlirr lox *c.rkad lrnlaio|t box, U.L lisledlcsA c.dili.d h
ivdlghl*orrch \ririn& rrrafrrruro I no. I ? AWG gtrC brorcl cirdrn
cottdscbr 14 in. I ooi . Judioa box p.ovided w*d remo,,qble ocesspks, {qf' ond 1l }r/.' li.ckoob ond grovnd wi.e . Knoclodr
cquif4ed wih p.).o, Jats.
lbo*|g 22€109. dlr.fo.tn d golwniz.d rtEC rnot,nlirg dng . 22"
gouge rtrel hq'3ing . t&/ o:sen6led fof .os. d inctolkgioo.
Prooucl(pDEg
xr a4l|!ta
/ t/2' CEUNG cuTow
acclssonr$l(tla.aaltlrnil &l lloit rhr
t$14-{|l||.t(,{dhSlrIn l?1t0ll ftl*! lte Hft.
!(ttHt4!fi
l&2t h!?li({odhlnwr
tFl0 .i.!m't*rnlblc*,r
lllT ]ro2f hdhluE!{J
rar*, Fdr<!i*e f*
I[nr-at5-*tl t2v 50h
!('t{-{46.1$l t?v 50fi
Eddr/ftdd! to&d&6 l?]tolt
!Stl+{{t$l HISo.]w 50A 5Cf#tia
r(9t44*9.{.!2r 5SA
rctI.att t(56{li'r lw$A
m|!ir.|{|l 0dddr/ltrt& Ntlr lw50A 50r1{ia
REV€S
alr
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Vaif Plaza Hotel
lssue Description: DRC Review
lssue Date: 23-Apr{t4 Fixture Type: QIA
&ldQ lk! rci{
l.rir.irl k6dl4N @&,ido 4'' LOW VOLTAGE ADJUSTABLE
4'UNIVERSAL ."--
sOW MRi6
TC9r4400 SERIES
trfun sohctbn
. ,440 - Fbrh cimbsl Riig, odius,obL, 40p vodicol o{usaberrt,
36€f robtion
. 441 . t nsld Shol,ff tim, odil,$ofrb, 37"' eo.tu'e,30' verti€ol odhrlriq*, 36f fototion
. 442 - D.€pCone, do,rnfgfrt, 3'/,' ca€rhre
. dt3 - Pinfiol€, downlishr, 17," op;rurc
I a44. Boffc, downlight/ddi'r3iobla. 37f op€rtuo, 35'\er!i.ol
odiultrneot, 358' roiqtion
. 4{5. SloiAp€rturu, l'lB' x 2'll" opdfu.q 50'v€.licti
odiu!ftEnt, 35E" r<tolion
. 146 - Scoop, odi'abble, 50. €r$.ol odiurrn nt, 356. rorotion
r ,!47 - Cooe, domlight/cdirrtoUe. 3rl' opertrre, 35" r,erticol
qdistmcr*, 358" roto$on, ALak' ftnish-
. 148 - EFboll lvi* 816* go{l€. ddi$bbb. 35" v..tcol
odi{'3h6nt, 358" r. ctio{t
. 4d9- Ai.ning Ebow, odiu$*|., 25" Yedicll ddl.,!tn.nt,358'rclclio
. 90,14W " Octd€br|ol wt1h Wl'iF BdSe, 35P !€rticol odiurtheflt
358'r5falioo
@ .,4\\:l
alo.l(. f,d €irtd F 0 gon 0!*
@@
lr0{l - n* ftd E{, itl lllll.!4r&5lF liq, r|t'0it(4lFkNldlid
L0{1. ftd 6i'nd a!, lhd hdLtr*1'dlc{rf alK.0.r0([p.t"&tlrdrlal
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llrl' br, $.o&ddt!* n*Nfll. hidr/efir|frr. rtFtit"r'tu e1 *
l4t(.(!o,Sr.0!{ktd ra}&-q'dd|//R,Sfi n*|[.kir$.r.ed
lltC - tu, S0!qf 6d lra 6dE {4t{4.trtu6n,9*
atrr.n'q b& ?!e lil fiH.g'*d VM.' hl$d Ib
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OC' , C.r*ft.oD.ct&lihcr
iC . toorodk 01 heoni .attb {d'"r pdr{
nlr bcon $nod in &gr: s ond tle beom t' od 1M in *ra foSoring tobhs ct cornprrd ot 5{)% of c6r'ts hffin con&pov,er ord rrgenr oreor d
'Jfodive iluninaixr'
"Dv. b $€€p oimi€ o"gh, lengh ol bean e*n* Sond 25:
Jlf t{to-rsniing
ncl#f d,YYJ;H%# j*#iAtff [.'"H,Hifi ?827e88o7raxu78272e25
Msil tr3 d viww. iunolight*tg. coln
Eedn 8€orn Fdd
L"e ]yF Sg€od tjb CBCP
60"45'30'0'30'
A,}t fc l !r rc rw Dfc x I w
or*nr N
'.Ti41\1j
Ft
l{
r'ffo r c100
l0tc0
l0?s
l0?00
t0?00
4 d38 1.0 i.0
d 283 1.5 LJ
5 159 2.0 ?.0t0 t02 25 ?5t2 7': 2.? 2,9
4r4 r.3 t.]
184 2.0 t.7
r04 2.6 2 3
66 3.3 2.846 3.q 3.4
? 3rq 3.5 2.
3 r42 J.2 3.4 60 6_9 4,'55t 87 5.6 35 lO{ 6:
10
t.5
25
902 2.0 r.0 0.7
,rot 3.0 1.5 tn
22J 1.0 ?,0 1.4
144 5.0 2J r./
t00 6.0 3-0 2.:
E t0( 1.6 2,0 ?.1l0 66 5.8 3.:l 2.8lt & 6.9 3.9 3.4
1,.: 34 8 t .1.6 40ro 25 9,? 5.3 4.5
,1040 3400
3t&
3{S
34{0
34m
-4 213 1,9 i.96942429I 53 38 3.8t0 34 t.e 4.8
12 . 21 5.& 5.3
139 2.6 2.2
61 3' 3.3
35 5.? 4.4
?? a.5 5.5
15 i.8 6.7
2 106 1.5 43 !.9
3 41 5.2 7fr 294 27 6.4 93 3.85 17 8.7 L6 !8A t? torr?o 5n
30t ?.0 2.0 t.,+
t34 3.0 t.t ?c
75 43 4"1 2J!8 50 5.i 3l
33 611 a,t ,l;
4 138 2.3 2.16 6t 3J l.ir 35 d.6 5.:t0 2? J,8 d.l
12 t5 6.9 7.r
2.1
5.5
6.7
i000 850
850
850
t50
850
4 a ?.9 2.06 51 d.4 4.,1I 29 5.8 5.8r0 t9 7.3 7.3t2 13 8.7 8.7
75 t.1 3.4
33 6.1 5.0
19 8.) 6?
t2 10.? 8.4
8 r2.? t0. I
? 58 3.1 Ld 2.9
3 26 5.2 ]4,5 4A4 t.6 6.9 19.3 5.85 9 8.7 U.1 7.t6 6toa - 1.7
16n 2.4 3.4 2.i
71 3,0 5.0 3.r4l 4'0 6J 4-l
?6 5.0 B-4 5-i
t8 6.0 tot 6.2
4 ;5 2.3 4.6 33 3.5 6.8 19 d,6 a.rc r2 5,8 r0.:ll 8 d.9]2.1
5.0
6.7
r0.l
Vail Plaza Hotel
lssue Description: DRC Review
JUIIO'lighting 4" LOW VOTTAGE ADJUSTABLE
Proiect:4" UNIVERSAL
sOW MRI6
T(9r4400 5E$E5
Fixture Typo:
Locqtion:
Contod/Phone:
PTODUCT SPICIFTCANOHs D AtNStONt
r.Fp O'l€ 5(|\, MR 16 lomp.
5o.k r C6rodc bi?in $cld wi6 ohrminrrm h.ai.li.ld.
lrtrn $rg wlitr bokod €non|6l on !b€1, rotin chromo d pdLl€d hq56.
trirn $.l..li.r Re{er U pro&a cod* bCo"r ond dcr<ripionr oo
Lorrfoni.. I 2V 50VA ltErnolt p.atrdrd mogn66c llidonrrr
lno{,nlEd lo iundio.r bor.
lobdr U.L listed for tbrotrghbron l wirlng, domp hcotintu dnd lP. Prodrrd tlFrlnolly prot|€bd ogolnc imp6pe. ure of lomF o.
in:vhon r union mods Aft,cp . CSA c.*iff.d.
r.rrnrg All r6po.t! o'€ bored o" publish€d ,nd"shy po@&'6'; 6€ld
periormonce moy d;ller hom bboronry petormonca.
Prodoa speciftcot;ors *biect to d|ong€ wi*brrt notic€.
IH5IALIA'ION
*rou{hg t .dcr RolgHn .rction .quipp.d wlth twticdly odiurtobb
nrouning brodcb thot 6cccp '/:' cmduif or 'C' clronnoli {H&26 ar
HC50l o.lbrrd nat bors [.]24.
J|xr.|ld| f.:( Pre+rircd function boa U.L li.tcd/CsAc.rtiff.d ld
tvo€hltorlcl wlring, .mxim{rm I rro. L AWG 9fC lrcncA circuit
condrdo.t {4 in, 4 orrtl . Jundion box proa,iddd wilh removoble occe63ph*, lsl%" ond {tl%i loockodr ond g.o.rnd wire. }Qrcdrorrs
squipp.d wilh F!,o', .r!.
Xoo*|r U€o!96 di6lor'ned esl,stzsd ltrel rno{,niro.tl€ . 22-
goug€ shol hooiing . tully orsenrbled for core d in*lkdon-
PRODT'CT CODIS
aarlrd-r|h Vld!.1h / I /2', CfrlNG CUIOUT
AC€ESIOr|E
ml+taa-fr nd6-firI tzv sofl 50ftit6
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f,a!+aat*tt ffi$rffilin S.|lof,* l2ll50fi tflittl6 &16! lh. D.rdth
tOll"Lt]Xil sie.bt*t&da gli rzY 50f,xHtttt l&1f t lft+lndhhw'
l0-r0 Id ff (.dnrd b h{.tt
l!27 i$2f h.rtrlnw
6 <rr., .Fdt .oi.rq d'*i
l.'1t-rd(.ul 0r'tu,h&Ca tff?rzv 5[i1 9t,r!t6tfit{ltf,{rl h+t .6dtf Y'b l:r 504 tcrv 1116
tcfi{{ -.s|t?v 50n ttv tlti
rrlt"qtl.uit t?r y)rl
rc'|{-{a}t(9m{h.! l2Y50A lf{ N$6
I$t14r.*dldr ft&d&o!! lly 9dA 5[yt rrt
t(lt+t{l|t{{ ld}m t? 504 !o*;fl[
It9l{-at {tl t*l Htd
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t2v30a Jffm6
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HEV4,00
11tt
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Vail Plaza Hotel
lssue Description: DRC Review
Fixture Type: QIB
Gddol llo! I(91 ,
td&G gcssrd lfl Wito0r&ddlr 4" LOW VOLTAGE ADJUSTABTE
4'UNIVERSAL
sOW MRI6
TC9l,'t400 SERIES
lrift t h.rion
. 440. FiJlt' Gimtol Ring, odi{dobl€, ,10" v$iicolodi'ritrn r$,
360' tlaslion
. 441 . tpnsad Slswar lrim, odi',sbbl€. 3il' dp€.tu'€,
3o"rsni.ol odiugr.{*, 360P rcbrion
. 442 - D..p Coi€, d.irnfiglr, 3,,/.' <rp€rhrs
. /4 - ffnlEl€, doi'nlidtl, 1t// qa1f|/.6
. 44a .8ds, domliSlt/odi',rtdbb, 37f ap{ture, 35' v€.ticol
odiidruol, 358" rolc'don
i 445.si.tAF.nr!, l7B' x 2'l!, q€.turq 50" wdicd
odirdrunt, 358" rcfoton
. 446 ' Sco<O, odiurbH., 50' v6rticol odi'itna{, 358'rc*ofion
| 4!7 - Coo€, do\rnliSht/odl'5bble, 3r/,' opertr-r€, 35" v€rhcd
qdi'rfrncnL 358' robti€n, Al2oL' finrlh.
. r'r8 - EFbollw*{r 8ld gom6, odiulrcbl., 35" vEdicol
odirrrlincht, 358" rc,totioo
. 449-- AinioS EboN, odio.t6le, 25" v€.licol odlsltrn.dt
3580 ?.rnli6n
' 9OaaW - 0.r090r|0lx,ih Wliie 8omc, 35" !6rticol cdturihenr,
358' dshon
@
l{011. ftdr 6dd r!, nd
a{Si(' nd' (i'{d b0 h lts
ticd Lc|!6dta(s llx'ldrktr srd*dl!*
llrG-*r! Og So.olt lffi
ar0.|tl|.nd'ftdtu,m. |.ll'-r4!db$F.h4 ||t-&4Gq!r4eBd&d
@ @) tG'ffi,
g3l-li*ri.&dlt a{l-ed.,&lin&'$ {5.!dt*! ||a-rle,rfid5
{i.!i'd: rdM!ch,e*X'***@ @.'Zf -R lI /1rt )\tt___Jr,- \g
lltt. tur S?It g.d,&* *l+tt.qldr/A&,tfn ..94n-I'irn!.,n* t0rr.oq.xd/
alta.(.8, $!&0lg&d aal6(-6dr/ldr.sd' rlt{t.rripk && }ilirrdr
d{t6't |',bdh&llt* h! {+l(.JkftSor,S0a
lrtrl.&l., t{!'&tirr!r aa}f|.b{dv&* iitad qe
ct{'. Crnkb.on.edbroar
L . f.(bd.. !t b.o'n cdk F'n Fdi4
lhc bcor rpnod in degrcG qnd rll bom 'l' 6td "W. in he 6llo*ing roblc,r ore canped ol 50" d ca{6.tnan 6oid6Fowe. ord lepese* orec ol
'cftcfve i{uninotin.'
'rAt€ b ib6p dm;ng dpl€, Lrdl of loctr 6dd* b.y€dd 251
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414 t.3 t.l
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31d2 5.t 3.t r.54 80 6.q t,t 20
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35 5.2 4.{
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15 78 6.7
2106 3.5 46 t"9
3 A 5.2 7"0 294 27 6.4 9.3 3.85 l/ 8.7 6 4.86 l) 10r' lta lfi
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r2 rc.? 8.4I 12.2 t0.l
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t6d 2.0 :l.d 2 l
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Vail Plaza Hotel
lssue Descriplion: DRG Revlew
lssue Date: 23-Apr-04
ao
METAL HALIDE
Fixtures
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Pdsn &''ln.ody {do60d l0p)
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Vail Plaza Hotel Project number: DV 4005
Revisions:NO. DATE REVISION
lssue Description: DRG Revlew
lssue Date: 23-Apr.04 Fixture Type: MHI
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IRREVOCABLE LETTER OF CREDIT FORMAT
Address:
Developer:
Project Number:
lmprovement Completion Date:
Letter of Credit Expiration Date:
DEVELOPER IMPROVEM ENT AGREEMENT
THIS AGREEMENT, made and entered into this 22nd day of .1oc!9!91, 20M-__-
by and among Davmer Corporation. N.V. (the "Developer''), and the
Town of Vail (the "Town") and (the "Bank").
WHEREAS, the Developer, as a condition of approval of the Temporary Certificate of
Occupancy for Demolition of Vail Villaoe Inn in oreoaiation for construction of VailPlaza
Hotel. 100 E. Meadow Drive
(address, legal description, and project
number) wishes to enter into a Developer lmprovement Agreement; and
WHEREAS, the Developer is obligated to provide security or collateral sufficient in the
judgement of the Town to make reasonable provisions for completion of certain improvements set
forth in the attached estimated bid(s) in accordance with the approved plans and specifications
filed in the office of the Community Development Department of the Town of Vail; and
WHEREAS, the Developer wishes to provide security to guarantee performance of this
Agreement, including completion of all improvements referred to in this Agreement, by means of
the following:
The Developer agrees to establish an irrevocable letter of credit#ftltl .in the amountof$ 417.697.50 with \rle.-rsrrn4. B*.-rla
(name of bank in Eagle County, Colorado) as the security for the completion of all
improvements refened to in this Agreement, in the event there is a default under this
Agreement by the Developer.
NOW THEREFORE, in consideration of the following mutual covenants and agreements,
the Developer and the Town agree as follows:
1. The Developer agrees, at its sole cost and expense, to furnish all equipment and
materials necessary to perform and complete all improvemen ts refened to in this Agreement. The
Developer agrees to complete all improvements referred to in this Agreement on or before the
30th day of Julv , 2005 . The Developer shall complete, in a good workmanlike manner, all
improvements refened to in this Agreement, in accordance with all approved plans and
specifications filed in the office of the Community Development Department of the Town of Vail,
and to do all work incidental thereto according to and in compliance with the following:
a. All said work shall be done under the inspection of, and to the satisfaction
of, the Town Planner, the Town Engineer, the Town Building Official, or other
P:\DenveA02 Cunent Proiects\1668 - Vail Plaza Hotol\Conespondencdcov Agencies\DlA credit format_112002.docPage 1 of 5
Legal Description: Lot M,
'\f . D ,Block
Subdivision: {*it \tirlAoe l€
official from the Town of Vail, as affected by special districts or service districts, as
their respective interest may appear, and shall not be deemed complete until
approved and accepted as completed by the Community Development
Department and Public Works Department of the Town qf Vail.
2. To secure and guarantee performance of the obligations as set forth herein, the
Developer agrees to provide security as follows:
lrrevocable letter of credit #814 in the amount of $417,697.5O (125o/o of the total
costs of the attached estimated bid(s)) with WestStar Bank in Eagle County,
Colorado set to expire on the 18 day of Octobet, 2004 (not to expire less than 30
days after the date set forth in Paragraph 1 of this Agreement) as the security for
the-completion of all improvements referred to in this Agreement, in the event
there is a default under this Agreement by the Developer.
3. The Developer may at any time substitute the security originally set forth above for
another form of security or collateral acceptable to the Town to guarantee the faithful completion
of those improvements referred to in this Agreement and the performance of the terms of this
Agreement. Such acceptance by the Town of alternative security or collateral shall be at the
Town's sole discretion.
4. The Town shall not, nor shall any officer or employee thereof, be liable or
responsible for any accident, loss or damage happening or occurring to the work specified in this
Agreement prior to the completion and acceptance of the same, nor shall the Town, nor any
officer or employee thereof, be liable for any persons or property injured by reason of the nature
of said work, but all of said liabilities shall and are hereby assumed by the Developer.
The Developer hereby agrees to indemnify and hold harmless the Town, and any of its
officers, agents and employees against any losses, claims, damages, or liabilities to which the
Town or any of its officers, agents or employees may become subject to, insofar as any such
losses, claims, damages or liabilities (or actions in respect thereof) that arise out of or are based
upon any performance by the Developer hereunder; and the Developer.shall reimburse the Town
for any and all legal or other expenses reasonably incurred by'the Towri-ih connection with
investigating or defending any such loss, claim, damage, liability or action. This indemnity
provision shall be in addition to any other liability which the Developer my have.
5. lt is mutually agreed that the Developer may apply for and the Town may
authorize a partial release of the security provided to the Town for each category of improvement
at such time as such improvements are constructed in compliance with all plans and
specifications as referenced hereunder and accepted by the Town. Under no condition shall the
dollar amount of the security provided to the Town be reduced below the dollar amount necessary
to complete all uncompleted improvements referred to in this Agreement.
6. lf the Town determines, at its sole discretion, that any of the improvements
referred to in this Agreement are not constructed in compliance with the approved plans and
specifications filed in the office of the Community Development Department of the Town of Vail or
C:\Documents and Settings\sfahrney\Local Settingstt"F:::"y#l*"et Files\OLKD\Developer lmprovement Agreemenl.doc
not accepted by the Town as complete on or before the date set forth in Paragraphl of thisAgreement, the Town may, but shall not be required to, draw upon the security ref6red to in thisAgreement and complete the uncompleted improvements referred to in this Agreement. pursuant
to Section 12-11'8, Vail Town Code, the Temporary Certificate of Occupancy refered to in thisAgreement may be revoked until all improvements referred to herein are completed by the
Developer or the Town in accordance with this Agreement.
lf the costs of completing the uncompleted improvements referred to in this Agreement
exceed the dollar amount of the security provided to the Town, the excess, together witi interest
at twelve percent (12o/o) per annum, shall be a lien against the property anO miay be collected bycivil suit or may be certified to the treasurer of Eaglebounty to be collbcted in tire same manner
as delinquent ad valorem taxes levied against sucn property. lf the Developer fails or refuses tocomplete the improvements referred to in this Agreement, such failure or refusal shall be
considered a violation of Title 12 (Zoning Regulationi), of the Vail Town Code, and the Developer
shall be slbject to penalties pursuant to Section 12-g-10 (Violations: Penalties) and Chapter i-4(General Penalty), Vail Town Code.
7. The Developer shall warranty the work and materials of all improvements referred
to in this Agreement located on-Town property or within a Town righfof-way, pursuant to Chapter8-3, of the Vail Town Code, for a period of two years after tie Townb acceptance of saidimprovements.
8. The parties hereto mutually agree that this Agreement may be amended from time
to time, provided that such amendments be in writing and eiecuted by aliparties hereto.
Dated the day and year first above written.
rr;al,[,; R-fr"e
STATE OF COLORADO
COUNTY OF EAGLE
The foregoing
."+ , Dav of\.:7'"""r--
Witness my hand and official seal.
My commission expires
c:\Documents and Settings\sfahrney\Local Setiings\Temporary Internet Files\oLKD\Developer lmprovement Agreement.doc
Page 3 of 5
ed before me this
STATEOFCOLORADO )
)ss.coUNTYoFEAGLE )
The fgregoing Developer lmprovement Agreement was acknowledged ,before me this
S oay of Oclrolc-rr-, 2Wgby 4e-\rrua-W^); L-e.'
Witness my hand and official seal.
My commission expires:
^, The foregoing Developer lmprovement AgrepmentZlo dayof oczoet'e ,209!by S;
II
My commission expies: (olLt I Z'oo b
I
Bank
srATE OF COLORADO )
)SS.
couNTYoF EAGLE )
Witness my hand and official seal.
this4'
C:\Documents and Settings\sfahrney\Local Settings\Temporary Internet Files\OLKD\Developer lmprovement Agreement.doc
Page 4 of 5
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15 Benchmark Rd
Avon' CO. 81620
(970) 94e-s99s
IRREVOCABLE LETITN OF CRTDIT
Efuive Date: 10/18/04
Erpiration Date: 10/18/05
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To: Beneficiary
The Town of Vail
75 South Frontage Road West
Vait, CO.81657
('Hereinafter refened to as: Benefrciary)
Re: Customer
Ilaymer CorPoration N.V.
12 Vail Road Ste 200
Vail CO.81657
(tlereinafter refened to as: Customer)
Dear Town of Vail
We hereby open our lrrevocable lJtter of Credit No 814 in favor of Beneficiary. It is available by drafts at
sight dra;n on Wessrar Bank for any sun or sums not exceeded the lesser of "FOUR IIIINDREI)
SEVENTEEN TEOUSANI' SD(HIJNDREII AND NINETY SEVEN DOLLARSAND FTITT
CENTST ($417,69?.50) or the total amount due under tbat sp€cific Promlssora Note llated February
25, 2004 ircm Daymer Corporation N.V., as hereinafter defined" and Beneficiary for the account of
Daymer Corporation N.V. C'l,etter of Credif)
Drafts under letter of Crcdit must be accompanied by an affidavit signed by Beneficiary stating that
Daymer Corporation N.V. has friled to comply with tlre ters$ and condrtions of the Developer
ImirovementAgreement. Each draft must bjar upon its fuce the clause, *Drawn under letter of Credit No.
814 datd fuober 18, 20O4, Weststar Bafllq Avon, Colorado".
Partial draws art not pemitted.
Drafts under tetter of Credit must b€ presented to an officer of WestStar Bank at the following address of
Wes{Star Bank between the houn of 9:00 a.m- and 3:00 p.m. Monday rhrough Friday excluding Holidale :
AYon
15 Benchmark Rd
Avon' CO. E1620
The amount of the draft, which is negotiated pursuant to this Lefter of Credit, together with the date of
negotiatiorq must be endorsed on the reverse side of the lrtter of Credit.
We hereby agree that drafts drawn under this Letter of Crcdit and in compliance with its terms, shall be
promptly ioiored if presented at the counters of WestStar Bank as previously defined herein no later than
3:00 P.M. Mountain Time on October 18,2005.
This Letter of Credit is not assignable and shall expire at 3:00 P.IIL Mountain Time on October 18' 2{X)5'
Weststar Bank repr€sents and warrants to Beneliciary that fulI authority and power to issue this Lefter of
Credit in the total amou$t and for the period of time stated herein: said authority being pursrant to the lana
of the United States, or to the State orierritory which governs the establishment and regulation of WestSw
Banlq a114 the WestStar Bank's Charter, bylaun, and other applicable nrles and regulations adoptd
p*r*ot th"r.to. This credit is subiect to
-ttre "Uniform Custom and Practice for Documentary Credits
(tSSf rev.), International Charnber of Commerce Publication No. 500".
Letter of Credit #814
October 18,2004
Page2
(1993 rev.), International Chamber of Commerce Publication No. 500".
Should it be necessary for Beneficiary to file suit in an effort to enforce this Letter of Credit, Weststar
Bank hereby waives all venue rights and submits to the jurisdiction of the District Court in and for the
County of Eagle, State ofColorado.
From:
To:
Date:
Subject:
Corey Swisher
Department Heads: Town Council
10122104 2:05:20 PM
Acting Town Manager
To All:
Pursuant to Section 6.2 of the Town of Vail Charter, Pam Brandmeyer will serve as the Acting Town
Mangerfrom Friday, October22,2O04,5:00 p.m. until Wednesday, October2T, 2004, 8:00 a.m.
Pam can be reached at the following numbers:
479-21 13 Work
471-3573 Mobile
926-1694 Home
Stan will be available via mobile: 390-7748
Thank you,
CS
Corey Swisher
Executive Assistant
Town of Vail, CO
p: 97 0.47 9.21 06, t: 97 0.47 9.21 57
e: cswisher@vailgov.com
w: http://www.vailgov.com
GG:Lorelei Donaldson
Loan Policy
American Land litle Association -1970 Bev.
PotiryNumber B 3026616
MINNESOTA
TITLEA
SUBJECT TO THE EXCTUSIONS FROM COVERAGL THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE
PROVISIONS OFTHE CONDITIONS AND STIPULATIONS HEBEOi
TITLE INSURANCE C0MPANY 0F MINNESOTA, herein called the Company, insures, as of Date of Policy
shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs. attorneys' {ees and expenses which
the company may become obligated to pay hereundet sustained 0r incurred by the insured by reason ot:
1 lltle t0 the estate or interest described in Schedule A being vested otherwise than as srated therein;
2. Any defect in or lien or encumlrance on such title;
3. Lack of a right of access to anij from the land;
4. Unmarketability of such title;
5. The invalidity or unenforceabi{ity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity or
unentorceability, or claim thereof, arises out of the transaction widenced by the insured mortgage and is based upon
a. usury 0r
l
b. any consumer credit proteirion or truth in lending law;
6 The priority of any lien or enc0mbrance over the lien of the insufed mortgage;
7 Any statutory lien for labor or inaterial which now has gained or hereafter may gain priority over the lien of the rnsured mortgage, except any such lien
arising {rom an improvement dn the land contmcted for and commenced subsequent to Date of Policy not financed in whole or in part by proceeds of
the indebtedness secured by ihe insured mortgage which at Date oi Policy the insured has advanced or is obligated to advance; or
8. The invalidity or unenforceability ol any assignment. shown in Schedule A, of tre insured mortgage or the lailure 01 sard assignment t0 vest title to the
insured mortgage in the nam{d insured assignee free and clear o{ all liens.
lN WITNESS WHEREOI tre said l'itle lnsurance Companv of Minnesota has caused its coroorate name and
seal t0 be hereunto affixed by is duly authorized officen as of the date shov'rn in Schedule A, the policy to be valrd when countersiqned bv an authorized
officer or agent of the Company.
TITLE INSURANCE COMPANY OF MINNESOTA
A Stock Comoanv
400 Secmd Avenue South,
.mtantag-8y
TIM Mortg aqe 2/73 Uo"r ,a-l
r File No.
SCHEDUI.,,E
1.Policy Date:
Name of fnsured:
Novenber 05, L990 at 8:00 A.M.
FIRSTBANK OF VAIL
The estate or int,erest in the land descrj-bed inand which is encumbered by the insured rnortgage
A Fee Sirnple
The estate or inferest, referred to herein is atvested in:
vL5397
A
""-Qy No. 83026616
Anount $L, 188,1"45.50
Loan #
Address
VILI,AGE INN
2.
3.this Scheduleis:
Date of Policvr',
VAIL VTLLAGE INN, INC., A COLORADO CORPORATION
5. The nortgage, herein referred to as the insured nortgage, andthe assignments:thereof, if any, are described as follows:
DEED OF TRUST DATED October 29, 1990r FROM VAIL VILLAGE INN, INC., A
COLORADO CORPORATION TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OFFTRSTBANK oF VAIL To SECURE TIIE sUM or $r,Lg8rL46.50 REcoRDED Novenber 05,1990, IN BOOK 54L AT PAGE 516.
6. The land referred to in this policy is situated in EAGLE county, Colorado,and is described as fol_lows:
PARCEL ]-:
THosE PoRTroNs__9r_ LoTs M, N, AND o, BrJocK s-D, VAIL vILr,AcE, FrRsT FrLrNG,ACCORDING TO THF MAP THEREOA RECORDED UNDER RECEPTTON NO. 96382 rN THEOFFICE OF THE-E4'GLE COUNTY, COLORADO, CLERK AND RECORDER (CLERKS RECORDS)DSSCRTBED AS FOtrLOWS:
BEGINNING AT A POTNT ON THE NORTHERLY LINE OI' SATD LOT O WHICH IS THENORTHEAST CO OF A PARCEL DESCRIBED IN BOOK 230 AT PAGE 556 OF' THECLERKIS RECORDSI WHENCE THE NORTHWEST CORNER OT SAID LOT N BEARS N 79
DEGREES 46 OO SECONDS IV 175.00 FEET DISTANT; THENCE ALoNG SAIDNORTHERLY LrNE S 79 DEGREES 46 MTNUTES OO SECONDS E l_78.40 FEET TO THENORTHWEST CO oF VIIJLAGE rNN PIAZA, A CONDOMINIUM, ACCORDING TO THE MAp
THIRIoF RECORDEP UNDER RECEPTION No. 24535L oF THE cLERKrs REcoRDsr THENSETHE FOLLOWING COURSES AIJONG THE WESTERLY BOUNDARY OF SAID VILLAGEINN: (1.) S 09 PEGREES 30 MTNUTES oo sEcoNDS W 190.44 FEET (190.73 FEETCALCUL,ATED) t (2\ s 80 DEGREES 30 !,trNUTEs 00 sEcoNDs E 56.60 FEET; (3) s 09DEGREES 30 S OO SECONDS W 7.46 FEET TO THE NORTHERLY LINE OF VILLAGEINN PLAZA PHASE$ I AND II ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 388
Page l" This policy valid only if Schedule B is attached.
?IM Mortg age Z/73 ror* ,.!""1',File No. V15397
SCHEDULE A
No.8302661-6
Amount $1, 188 , 146. 50
Loan #
Address
VILI,AGE INN
AT PAGE 855 oF irnn crcnx's REcoRDsr THENCE THE FoLLowrNc FrvE couRsEs AroNGTHE NoRTHERT,Y AND ttEsrERLy BoUNDARy or sArD vrLr.AGE rNN pLAzA pHAsEs r ANDII: (1) N 80 DEGREES 22 MINUTES 22 SECONDS W 1.25.59 FEET' (2) S 42 DEGREES32 MINUTES 2L $ECONDS W 46.01 FEET; (3) S 82 DEGREES 06 MINUTES 4d sECONDS
I-1?:19 I!EIi (1) s L0 DEGREES t3 MTNUTES 02 sEcoNDs.vJ 81..63 FEET; (s) s ooDEGREES 23 MINqIES OO SECONDS W ].5.83 FEET TO THE SOUTHEAST CORNER OF SAIDLor Mt THENCE llHE FoLrowrNG FouR couRsEs Ar,oNc rHE sourHERLy AND lrEsrERLyBOUNDARY oF sArD ror M: (1) 5t.03 FEET ALONG THE ARc or A cuRvE To THELEFT HAVING A RADIUS OT 545.88 FEET, A CENTRAL ANGLE OF 05 DEGREES 20MINUTES 2L SECONDS, AND A CHORD WHICH BEARS s 78 DEGREES 33 MINuTES 42sEcoNDS w sj..01 FEET (CALCuL,ATED), (z) s 7F DEGREES g3 MTNUTES 0o sEcONDs vI
77:?9 FEETT (3) 36.2t FEET AIoNe THE ARc oF A cURvE To THE RrcHT HAVTNG ARADIUS OF 2O.OO FEET A CENTRAL ANGLE OF ].03 DEGREES 44 MINUTES OO SECONDS,AND A CHORD WHICH BEARS N 52 DEGREES 15 MINUTES OO SECONDS W 3]..46FEET' (4' N OO DEGREES 23 MTNUTES OO SECONDS W ].93.2], I'EET (193.].5 FEETCALCULATED) TO THE NoRTHWEST CORNER oF SAID LoT Mr THENcE ALoNG THE rvESTLINE oF SAID LoT N, N 00 DEGREES 23 MINUTES 0o sEcoNDs I^I 5o.oo FEET (50.05FEET CALCUI,ATED) TO THE SOUTHWESS CORNER OF THE PARCEL DESCRIBED TN BOOK230 AT PAGE 556 oF THE CLERKTS RECORDST THENCE THE ForJLowrNG TwO COURSEsALoNG THE SOUTHERLY AND EASTERLY BOUNDARY oF SAID PAReEL: (1) s 29 DEGREES46 MTNUTES 00 SEcoNDs E L47.36 FEET; (2) N Lo DEGREEs 14 MTNUTEs 0o sEcoNDsE L47.43 FEET lIO THE POINT OF BEGINNING.
LEss rHAT PRoP4RTV cowEyED ro 'IAMM LTD., A coLoRADo LrMrrED pARTNERsHTp rNDEED RECORDED qEcEtrBER 20, 1979 IN BOOK 296 AT PAGE 301.
EXCEPTING THEREFROI,I
THE CO II,IAP379 AND TTRST ENDMENT THBRETO RECoRDED SEPTEMBER 19, 1988 rN BooK 491 ATDESCRIBED IN THE CONDOMINII'M DECLARATION THEREOF RECORDEDPAGE 4OO AND
FEBRUARY 4, t9 IN BOOK 478 AT PAGE 378 AND FTRST AMENDMENT THERSTORECORDED S 19, i.988 IN BOOK 491 AT PAGE 399, COUNTy OF EAGIE, STATEOF COLORADO.
PARCEL 2:
CONDOMINIIJM UNTTS 5O1, 602 AND 503, VILIAGE TNN PI,AZA, ACCORDTNG EO THEcoNDoMrNruM MA! THEREoF RECoRDED NoVEI'{BER r.9, 19s2 rN BooK 349 AT pAcE lL,lIl--A:.?EIINIP jIN THE coNDoMrNiw oacr,anerroN REcoRDED NovEtvrBER l-e, j.e82 rNBOOK 349 AT pAqE 12, couNTy oF EAGLE, STATE OF COLORADO.
VILI,AGE INN PI,AZA-PHASE V CONDOMINIWS, ACCORDINC TO
THEREOF RECORDED FEBRUARY 41 1_988 IN BOOK 478 AT PAGE
2 ThiEPage PoLicy valid only if Schedule B j.s attached.
SCHEDULE
v]5397
B.I
This policy Ioss or damage by reason of
1. Rights or c1a f partles in possession not shown by ttre
2. Easements, or ctraims of easenents, not shohm by the public
T'IM Mortgage F'om 233L CrC
i rile No.
n.-?ry *o. 83o?66i.6
the following:
public records.
records.
AS GRANTED TO HOLY CROSS ELECTRIC ASSOCTATION, INC. INED JANUARY 2L, 1983, IN BOOK 352 AT PAGE 396.
S AND PROVISIONS OF AGREEMENT RECORDED Septenber 09, j.983
AGE 833.
3. Discrepancies, confli.cts in boundary lines, shortage in area,encroachments, and any facts which a correct survey and inspection of thepremises would discl-ose and which are not slrown by the public records.
4. Any lien, or right to a lien, for services, Iabor, or material theretoforeor hereaf,ter fu5nished, imposed by law and not shown by the public records.
s. TAXES FOR THE YEAR L989 AND SUBSEQUENT YEARS AND ANy AND ALL ASSESSMENTS.
6. RIGHT OT PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SA},IE BE FOUND TO PENETRATE OR INTERSECT THE PREMISESAs RESERVED IN UNITED STATES PATENT RECORDED July 1-2, l-899 | IN BOOK 48 ATPAGE 475.
7. RIGHT OF WAY F'OR DITCHES OR CANALS CONS?RUCTED BY THE AUTHORITY OF THEUNITED STATES AS RESERVED IN UNITED STATES PATENT RECoRDED JuIy l-2, 1899,IN BOOK 48 AT PAGE 475.
8. RESTRTCTTVE COVENANTS WHrCH DO NOT CONTATN A TORFETTURE OR REVERTER CrSUSE,BUT OMITTING REFTRICTIoNS, IF ANY, BASED oN RACE, col.,oR, RELIGION, oRNATIONAL ORIGIN; AS CONTAINED IN INSTRI]MENT RECORDED AUgUSt 10, 1962, TN. BOOK L74 AT pAcrll 179.
9. EASEMENT TEN FEFT IN WIDTH AIONG THE NORTHERLY PORTTON OF LOTS O AND P,BLocK 5-D As sHowN oN THE Pr,Ar oF vArL vrLr,AGE, FrRsr rrLrNG.
10' RECIPROCAL EASETIENT AGREEI'{ENT BETWEEN vAIL VILLAGE INN, A coLoRADoCORPORATION' JAI'IM LTD. ' A COLORADO LIMITED PARTNERSHIP AND VAIL VILLAGE INNASSOCIATES' A COLORADO GENERAL PARTNERSHIP RECORDED JANUARY 3, 1983 IN BooK351 Ar PAGE 324,.
i1. UTILITY EAS
TNSTRUMENT
12. TERMS, CONDITTIN BOOK 367 AT
Pnaia
TIM Mortgage Form ,ra:- "r*Q
File No. V15397
SCI{EDUL8 B-I
13. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED SEPTEMBER 9, ]"983 IN
BOOK 367 AT PAGE 833.
14. ENCROACHMENT OF BASEMENT AREA OF VIIJI'AGE INN PLAZA PHASES T AND II ONTOSUB]ECT PROPERTY AS SHOWN ON II.IPROVEMENT LOCATION CERTIFICATE BY EAGLEVAI,LEY ENGINEERING & SURVBYING, INC. JOB NO. 854.2 DATED AUGUST 6, 1984.
15. ENCROACHMENT AND ROOF OVERTIANG OF VILI,AGE INN PI.,,AZA PHASES I AND TT ONTO
SUBJECT PROPERTY AS SHOWN ON IMPROVEMENT LOCATION CERTIFICATE BY EAGLE
VALLEY ENGINEERING & SURVEVING, rNc., JoB. NO. 854.2 DATED AUGUST 6, 1984.
NOTE: EASEMENT AGREEMENT IN CONNECTION WITH SAID ENCROACHMENT WAS RECORDEDJULY 10, 1984 rN BOOK 388 AT PAGE 861.
16. TERMS' CONDITIONS AND PROVISIONS OF LEASE BETWEEN VAIL VILI,AGE INN, INC., ACOLORADO CORPORIA'TION AND VII-,,I-,AGE INN PANCAKE HOUSE, INC. RECORDED June 20,1986 rN BooK 443 AT PAGE 786 AND SETTLEMENT ACREEMENT RnCORDED AUGUST 6,1986 IN BOOK 446 AT PAGE 347.
17. TERMS' CONDTTIONS AND PROVISIONS OF ASSIGNMENT OF LEASES BETWEEN VAILVILLAGE INN' INp., AND CHARTERIIOUSE I'INANCTAL LTD., rNC. RECORDED July 01.,]"986 IN BOOK 444 AT PAGE 504.
18. CONVEYANCE OF EASEMENTS BETWEEN VAIL VILI,AGE INN, INC., A COLORADOcoRPoRATroN ANDI F&L VArL VTLT.AGE rNN PARTNERSHIP, A COLORADO GENERAL
PARTNERSHTP REC9RDED JULY Lo, L984 rN BooK 3ss AT PAGE B6t.
DECI,ARATION OF PARTIAL VACATTON OF EASEMENT IN CONNECTION WITH SAID' EASEMENT RECoRDED JULY 25, 1985 rN BooK 420 AT PAGE 74i-.
19. EXTSTING LEASESI AND TENANCIES AND ANY AMENDMENTS THERETO.
20. ANY LOSS OR DAII{SGE THE INSURED SHALL SUSTAIN IF CHARTERHOUSE VAIL HOTELASSOCIATES LTD., A TEXAS LTMITED PARTNERSHIP WAS NOT CAPABLE OF HOLDINGTITLE TO SU&7ECN PROPERTY.
2L. LEASE AGREEMENTi DATED OCTOBER 1979 BV AND BETWEEN ERNEST I,ARESE AND SWISSHOT DOG COMPANY AND VAIIJ VII,I.AGE rNN, A COLORADO CORPORATION AND LISPENDENS FILED IN CONNECTION WITH SAME IN DISTRICT COURT IN AND FOR THECOUNTY OF EAGLEI CIVIL ACTION NO. 84 CV 5].2 ENTITLED ERNEST I.ARESE AND SWISSHor Doc COMPANY, Pr,ArNTrFr(s), vs. vArL vrLr,AcE rNN, rNc., A coLoRADocoRPoRATroN AND ANTHONY GENTII, DEFENDANT(S) NOTTCE oF LrS PENDENS RECoRDEDFEBRUARY i-9, L985 rN BooK 406 AT PAGE zej irno Lrs pENDENs FrLED rN corJoRADocouRT oF APPEALS CrVrL ACTION NO. 86 CA 1303 RECORDED SEPTEMBER 9, 1986 rNBOOK 448 AT PAGE 339.
n"Qv No. 83026616
Page
TIM Mortgage Fortt 2 3 31-".1"y "o. 83026616
22.
23.
File No. V15397
SCHEDULE B-I
FINANCING STA T WfTH I4ETRO NATIONAL BANK, THE SECURED PARTY, RECORDED
BOOK 456 AT PAGE 543.July 22 | !987,
A DEED OF TRU DATED June 18, 1987 FROM FAl,tILy RESTAURANTS, INC., A
COLORADO CO ON TO THE PUBIJIC TRUSTEE OI'XXX COUNTY rOR THE USE OFMETRO NATIONAL , N.A. TO SECURE THE SI'II{ OF $454,000.00, AND ANy OTHERAMOUNTS PA UNDER THE TERMS TIIEREOFT RSCORDED JuLy 22, Lgg7, rN BOOK466 AT PAGE 544.
SAID DEED OF TRUST WAS FI'RTHER SECIIRED BY ASSIGNMENT OT LEASES RECORDEDJULy 22t L987, IN BOOK 466 AT PAGE 545.
(ITEMS 22 AND 23 AFFECT TITE LEASE REFERRED TO TN ITEM 1.9 HEREIN)
24. TERMS, CONDITIONS AND PROVTSIONS OF ENCROACHMENT AND VTEW AGREEMENTRECORDED December 22, j.989 IN BOOK 5AO AT pAcE 167.
(ITEMS 6 THROUGH 24 AFFECT PARCEL 1,)
(ITEMS 6 THROUGH ].0 AFFECT PARCEL 2)
2s. EASEMENT AND.II_1G-IT_OI-WAY AS GRANTED TO HOLY CROSS ELECTRTC ASSocrATrON,rNc' ' rN rNsrRul4IIT-lIgglDID NoVEMBER 19, Le71 rN BoaK 222 AT PAGE 32r-, ANDAs sHowN oN THEI coNDourNrutt I'tAp REcoRDED NoVEMBER j-9, 1982 rN BooK 349 ATPAGE ].]-.
26. EASEMENT GRANTED TO HOLy cRoss ELECTRTC ASSOCTATTON, rNC., rN TNSTRWENTRECORDED JANUARIy 2l_, L983 rN BOOK 352 AT pAcE 3e7.
27' THOSE PROVISIONS, COVENANTS AND CONDfTIONSf EASEMENTS AND RESTRICTIONS,wHrcH ARE A BI'RDEN TO TI|E coNDourNruM uNrr DESCRTBED rN SCHEDULE A, ASCoNTAINED rN INSTRUMENT RECORDED Novernber 19, 1982, rN BooK 349 AT pAGE 12.
28. ENCROACHMENT OF PARKING GARAGE INTO TEN FOOT EASEMENT AS SHOWN ON MERRICKAND COMPANY SURVEY DATED NOVEMBER 13, 1981, JoB No. 322-4zLg.
29. EASEMENT BETWEEN vrLraGE rNN pr.AzA CONDOMTNTUM ASSOCTATTON, A qOLORADONoN-PRoFIT co}|Pl$I9It,Y4IL VILLAGE INN, rNc., A coLoRADo coRPoRATroN, ANDF & L VAIL VIL+GE PARTNERSHIP, A COIORAbo GENERAL PARTNERSHIP IN DocuMENTRECORDED JULy t o , Lg84 IN BOOK 388 AT PAGE 862.
30' EASEMENTS' RES-ERVATIONS AND RESTRICTIONS AS sHowN AND RESERvED oN THERECORDED CO I4AP OF VIIJI.AGE INN PI,AZA.
Page
tru uoitgage Form ,Ur:- ", C
File No. V15397
P. ly No. 83026616
SCHEDULE B.I
31. TERMS' CoNDITIONS AND PROVISIONS OF LEASE AGREEMENT RECORDED Novenber !7 |1987 rN BOOK 47it AT PAGE 287 AND PSNEWAL THERETO RECORDED NOVEMBER l_7, L987IN BOOK 474 AT PAGE 288 AND FIRST AI'fENDI{ENT THERETO RECORDED NOVEMBER ]"7,].987 IN BOOK 47i4 AT PAGE 289 AND OTHER !,TATTERS ATFECTINC SAID LEASE.
NorE: AssrcNl"lENT rN coNNEcrroN wrrn sArD LEAsE To KATHERTNE A. DAvrs
RECORDED NOVEMBER 17, 198? IN BOOK 474 AT PAGE 290.
32. EXISTING LEASES. AND TENANCIES.
33. A DEED 03'TRUST DATED November 0L, 1987 FROM KATHERTNE A. DAVIS TO THEPUBLIC TRUSTEE PF EAGLE COUNTY FOR THE USE OF WILLIAM L. HANLON TO SECURETHE SUI{ OF $]-5OIIOOO.OO, AND ANY OTHER AMOUNTS PAYABLE UNDER TIIE TERMSTHEREOF' RECORDED Novenber 12, LgB7, rN BooK 474 AT pAcE 29L.
(AFFECTS LEASE REFERRED TO IN ITEM 3]. HEREIN)
34. A DEED oF TRUsr DATED Novenber 1-5, L989 FRoM vArL VTLLAGE rNN, rNc., ACOLORADO CORPORATION TO THE PUBLIC TRUSTEE OF EAGLE COUNTY TOR THE USE OFFTRSTBANK oF vA[L To sEcuRE THE sul,l oF 9935,4s0.53, AND ANy orHER AMouNTsPAYABLE UNDER T+I8 TERMS THEREOF, RECORDBD November 17, l-989, IN BOOK S18 ATPAGE 20.
(AFFECTS PARCEL 2)
(TTEMS 25 THROUGH 34 AFFECT PARCEL 2)
SCHEDULE B.II
rn addition to the patters set forth in part I of this schedule, the title tothe estate or interpst in the land described or referred to in schedule A issubject to the follpwing rnatters, if any ue sfr-wn, but the company insures thatthe lien or charge pf the insured nrortgige upon said estate or interest isprior to such matters.
ASSTGNMENT OF
AT PAGE 5]-7.
RFNBS AND OTHER RIGHTS RECORDED November 05, ]-990 IN BooK 54]-
Page
EXCLUSIONS]FROM
{d} "land":
reference in Schedule A, and im
{el
or other security instrument.
suant t0 a contract 0l I 0r guaranty Insunng 0r guaranteeing the
The following matters are expressly excluded from the
coverage fi tnts pottcy:1. Any law, ordinance 0r qovemmental reoulation
ii:rYjls_1S-191]lTited to buil{ins and zoning ordinances) resiricting or'egutalng 0r prontotttng the occdpancy, use or enjoyment of lhe land, 0rfegulaflng me cnaracter. drmensions or location ol arry imprwement n()w
9!ir_|'r,rl9l ryct9d 0n rhe land. or prohibiring a sepaftttion in ownership
9,r^u_f,^0-ur_l1
n m? dlmensions 0r area of the land, or the effect of any
vrorart0n 0t any such law. ordinance or govemmental regulation.
,2 Rights ol eminent domain or gdvernmental rrghts
0r porrce power untess notice 0f the exercise of such rights appears irithepublic records at Date of policy.
3. Defects. liens, encumbrances, adverse claims, or
other matt_ers (a)created, suffered, assumed or agreed to Ov ittainiuied
claimant; {b) not known to rhe Company and not Ihown Uvini ouUiii ,ec-
ords but known r0 rhe insured claimant either at Daie ol ioiicv;i;i the
!:ll.:gll|.lryl acquired an estate or inreresr insu.eo ny i|iii poiicy *
acqutreo me Insured mortgage and nor disclosed in writinq bv the insired
cralmant to.tne Uompany prior to the date such insured cla-imbnt became
an rnsureo nereunder; lcl resulting in no loss or damaQe to the insured
crarmant; ldl anachrng 0rcreated subsequent to Date-of policy {except tolne-efient Insurance ts aftorded herein as to any stafutory lierifor labor ormatenat 0r nght thereto).4 Unenforceabiiity of the lien ol the insured
mortgage because of failure of the insur:ed at Date oi poticv iioii*
:y!:_rgrg,rlryy-gf th€ indebredness ro compty with appiicinie ob,,,gDustness laws 0f the state in whtch the land is situated.
'
CONDITIONS ANO STIPUIATIONSL Definitioh of Ternsrhe following terms when used in this policv mean,(al 'insured": the insured named in Schedule A. Ihe
lpT_lLljrJ lt rnctudes (r)rhe owne, orlne rnoeoteUneiii-ei1"eO Ut,Ine Insureo mortgage and each successor in ownership of such indebtedj
ness {reservtng nowever, all rights and deienses as to any such successorwno,acqutres m€ rndebtedness by operation of law as diitinquished frompurcnase Inctudrng, but n0t limited to, heirs, distributees, dev'isees. sur_
vrvors, personat representatives, next of kin or corporate or fiduciarv
successofs that the.l"ompany would have had against the successors
rransTerfil, and lurther includes {il) any governmental aqencv or instrumen_
rarrry wntcn ts an rnsurer or guarantor under an insuranie contract orguar,anry Insuftng or guaranteeing said indebtedness, or any part thereof,wneiner nameo as an rnsured herein or not, and (iiilthe parties desiqnareo
in paragraph 2(a) of these Conditions ano Siipuhilo'n;.- "* "* *-
"'"(bl "insured claimant,,: an insured claiming loss ordamage hereunder
(c) "knowledge"t actual knowledge, not constructiveknowledge or notice which may dimputed to an ins-urii bt6;;i *ypublic records.
e land descrrbed, specificallv or bv
ryements affixed thereto which bv law
howevel the term "land" does ndt
res of the area specifically describeo or
righl, title, interest, estate or easemenr
alleys, lanes. ways or waterways, but
the extent to which a right of access to
po cy.': mortgage, deed 0f trust, trust deeo,
indebtedness secured by the insured mortgage; providel that the airount
of insurance hereunder after such acquisition, exclusive of costs, attorney's
fees and expenses which the Company may become obligated t0 pay, sffill
not exceed the least oi:(i) the amount of insurance stated in schedule A;(ii) the amount of the unpaid principal of the indebf
edness as defined in paragraph B hereof, plus inteiest tliereon, expenses
of foreclosure and amounts advanced t0 protect the lien 0i the insured
nprtgage and secured by said insured mortgage at the lme of acqursition
of such estate or,nterest In the land; 0r
(iii) the amount pa d bv any governmental agency 0r
instrumentality, il such agency or instrumentality is the tnsured ckimant,
in the acquistron of such estate or interest in satisiaction of its jnsurance
c0nvacl0r guaranry.
lb) Continuatian of lnsurance a{ter Convevanre of litle
The coverage of tnis polrcy shall conrrnJe n 'orce as 0f Date of Pohcv in
favor of an insured so long as such insured retatns an estate 0r inter6st in
the land, or holds an indebtedness secured by a purchase money mortgage
given by a purchaser from such insured, or so lonq as such insured shall
have liability by reason of covenants of warranty made bv such insured in
any transfer 0r conveyance of such estate or interest: provided, however,
his policy shail not continue in force in favor of any purchaser from such
insured of either said estate or interest 0r the indebtbdness sbcured b,
a purchase m0ney mortgage gtven t0 such insured.
3. Defense and Prosecution of Actions-Notie of
Clain to be given by an lnsured Claimant
{a) The Company, at its own cost and without undue
delay, shall provide for tne defense of an rnsured rn all litigation consisting
of actions or proceedings commenced agarnst such insure-d, or defenses,
restrarntng orders 0r iniuncti0ns interposed against a foreclosure of the
insured mortgage or a defense nterposed against an insured in an actron
to enforce a contract for a sale 0f the indebtedness secured bv the insured
mofigage, or a sale of the esrate 0r Interesr rn said iand, t0 thb extent that
such litigation rs founded upon an a leged defect, lien, encumbrance, or
other matter insured against by this poliry.
(b) The insured shali notify rhe Company promptly In
writing (i) in case any acuon or proceed.ng is oegun or defenie or restiain-
rng order 0r Injunctton rs Interposed as set forth in (alabove, lii) in case
knowledge shall come t0 an nsured hereunder of any claim of title or
interest which is adverse t0 the title to the estate 0r interest or the lien of
the insured mortgage, as rnsured, and which might cause loss or damage
for which the Company may be liable by v rtue o1 this poliry or {ili) if tititl
to the estare or interest or the lren or tre nsureo m0(g6ge, as rnsured, is
relected as urmarketabre. lfsrch prompr notrce shail n-or be qiven to tt,e
Comoany. then as t0 sucn rnsu,e0 all habrliry of the Company'shall cease
and terminate in regard to me matter or matters for which such oromot
notice is required; provided, howeve[ that failure to notify shall in no case
prejudice the rights of any such insured rnder this poliry unless the
Uompany shall be preludiced by such latlure and then only t0 the extent
0I sucn orerudtce.
lci The Company shali have the right at ih own cosr
t0 institute and without undue delay prosecute any actlbn or proceeding 0r
m do any other afi wnich in its op,nron may 0e necessary or desirable to
establish the title to the estate or Interest 0r the lien oi the insured m0rt-
gage, as inslred, and the Cornpany may take any appropriate action under
the terms of this policy, whether 0r not it shall be liable thereunder, and
shall not thereoy conceoe liab.lity or warve any provision of this poliw.(d) Whenever the Company shall have brought dn,
action or interposed a defense as requrred or peimrned by the prdvisions
of this policy, rhe Company may prrsue any such liligation to final determt-
naron Dy a coun 0f competent iu sdtctr0n and expressly reserves the right,jn ib sole discretron. t0 appeal from any adverse ludgmenl or order.{e| in ali cases .,r..inere ihrs tnhcy pe(mtts or rcquires
the Company to prosecute or provide for the de{ensa of any actjon dr oro-
ceeding, the insured hereunder snall secure to rhe Company the rightio so
prosecute 0r provide defense in such action or proceeding, and all appeals
therein, and oermit the Company ro use. at hs optron, tne name of sir'ch
Insured 10r such purpose. Whenevelequested by the Companv, such
insured shall give the Company all reasonaole aio rn any such iction or
proceeding, in effecting setrement, secuhng evtdence, 6btaining wit-
nesses, or prosecuti. i defending such acrion or proceeding, and the
Uompany shall retmLJ such insured for anv exoense so incuned
lC tinuod u inside b&k flaDt
(f) "public records": those records which bv law
rmpart constructive notice of matters relating to said land
z. lal 9ltftaimot trwrauaftq Muisr{mof liile
Thrs policy shall.continue in force as of Date of policy in favor ol an insuredwno acqurres ail 0r any part ot the estate or interEst in the land described
In )cneoute A,Dy toreclosure, tustee's sale, conveyance in lieu of foreclo_
sure, or orher legal manner which discharges the lien oi the iniured
--
I9nSage, ano rt the Insured is a $orporation, its transferee of the estate orInrcresl s0 acqutred, provtded the transferee is the parent or wholly ownedsubsidiary of rhe insured; and in lavor of anv i $m;;i;;;;'InsrrumenEtrty whrch acquires alllor any pan b._rle estate oiinteiest pur_
l
" ti*,rti,itri,ri^i,it*^ttupl CQ4. Notie of Lo#-Linitation of Miut
in addition to the notices required under paragraph 3(b| oi these Conditions
and Stipulations, a statement in writing of any loss or damage ior which it
is claimed the Company is liable under this policy shall be furnished to the
Company within 90 days after such loss or damage shall have been deter-
mined and no right of action shall accrue to an insured claimant until 30
davs atter such statement shall have been furnished. Failure to fumish
such statement of loss or damage shall terminate any iiability of tre
Company under this policy as h such loss or damage.
5 ?ptions n Pay or ?thelvise Setf/e C/aims
The Company shall have the option to pay or otherwise settle for or in the
name of an insured claimant any claim insured against or to terminate all
llability and obligations of the Comp{ny hereunder by paying or tendering
payment of the amount of insurance under this policy hgether with any
costs, att0rneys' fees and expenses ihcuned up to the time of such pay-
ment or tender of payment by the insured claimant and authorized by the
Company. ln case loss or damage is dlaimed under this policy by an
insured, the Company shall have the lfurther option to purchase such
indebtedness for the amount owing thereon together with all costs. attor-
neys' fees and expenses which the Qompany is obligated hereunder to pay.
lf the Company offers to purchase said indebtedness as herein provided,
the owner 0f such indebtedness shall transler and assign said indebted-
ness and the mortgage and any collateml securing the same h the
Company upon payment fterefor as herein prwrded.
6. Deterninatian and Pawnent of Loss(a) The liabilrty ol the Company underthis polrcy shall
in no case exceed the least of:{i) the actual loss of the insured claimant; or
{iil the amount ol insumnce stated in Schedule A, or,
if applicable, the amount of insurande as defined in paragraph 2(a) hereof;
0r
{iii} the amount'of the indebtedness secured by the
insured mortgage as determrned under paragraph B hereo{, at the time the
loss or damage insured against herelnder occurs, together with interest
Inereon,0r (b) The Compapy will pay, in addition t0 any loss
rnsured against by this policy, all costs imposed upon an insured in litiga-
tion canied on by the Company for quch insured, and all costs, attorneys'
iees and expenses in litigation canied on by such insured with the written. authonzation ol lhe Company,(c) When liabiliw has been definitelv fixed in accord-
ance with the conditions of this pohcy, the loss or damage shall be payable
within 30 days thereafter
CI(b) The liability of the Company shall not be increased
by additional principal indebtedness created subsequent t0 Date of Policy,
exceot as to amounts advanced to protect the lien of the insured mortgage
and secured therebv.
No pavment shall be made without productng this
oolicv for endorsement ol such payment untess lhe oolicy be lost ot
bestroved, in which case proof ol toss or destructron shall be furnished
t0 the satisfacti0n of the Companv.
9, Liabilitv Noncunulative
ll the insured acquires title to the estate of lnterest in satisfaction 0i the
indebtedness secured by the insured m0rtgage, or any part thereof, it is
exoresslv understood that the amount of insurance under this policy shall
be reduc'ed by any amount the Company may pay under any policy insuring
a mortqaqe hereafier executed bv an insured which is a charge or lien on
rhe est-ar6 or interest oescribed ot reiened to'n Schedr,le A. and the
amount so paid shall be deemed a payment under this poitcy
1A. Subrogatran Upon Paynent or Seftlement
Whenever the Company shall have settled a claim under this policy, all
rioht of subroqation shall vesl rn the Company unaffected by any act 0f the
iniured clarmint. exceot that the owner of the indebtedness secured by
ttre insured mongage may release 0r substitute the personal liability ol any
debtor or guaraniof or extend or othenryise modi{y the terms of payment,
or releasei portion oi the estate or interest from the lien of the insured
monoaqe, or release any collateral security tor the indebtedness, provided
suchicl occurs orior to rece pt 0v the insufed 0i notice 0f any claim of title
or interest adverse t0 the title t0 the estate 0I inlerest or the priority oi the
lien of the insured mortgage and does not result rn any loss of priority of
the lien of the insured mortgage. The Company shall be subrogated to and
be entitled to all righrs and iemed es which sucn insured claimant would
have had aqainst anv person 0r ptoperty in respect t0 such claim had thts
oolrcv not b-eer ,ssued. and 'f reouested oy the Company, sucn insured
claimant shall transfer to the Company all rignts and remedies against any
Derson 0f property necessary irr order to perfect such right oi subrogati0n
bnd shall permir the Company 10 Jse lhe name of such insured clarmant ir
any transaction 0r litigation involving such rtghts or temedte^s. lt the pay'
ment does not cover the loss o1 such rnsured claimant, the Companv shall
be subroqated to such rights and remedtes rn the proportion which said
oavment-bears t0 the adount of said loss, but such subrogation shall be in
iubordination l0 the insureo mortgage. lf loss of prior ty should result from
any act of such insured clarmant, such act shall not void this p0licy, but the
Company, in that event, shall 0e required 10 pav 0nly that part 0t any
losses insured against hereuncler which shall exceed the amount, if any,
lost to the Company by reason of tne rmparrment of tne right 0f
subrogatlon.
11. Liabilily Limtted ta this Policy
This instrument together with all end0rsements and other Inslrument$,
il any, attached hereto by the Company is the entire p0licy and contract
between the insured and the Company.
Any claim of loss or damage, whether or no1 based on
neoliqence. and whrch anses out of the status of the iien of the insured
moiq-aoe or of the title to the estate 0r interest covered hereby or any
actio-n a-sset'nq sucn clatm. sl'all be resrricted t0 the provislons and
conditions and st pulations of thrs policy.
N0 amendment 0l 0r endorsement to this policy can be
made except by writing endorsed hereon or attached hereto signed by
either the President, a Vce President, the Secretary an Assistant Secre-
tary or validating ofticer or authorized signatory of the Company.
12. Notices. Wnere Sent
All notice required to be given to the Company and any stalement in wrrt'
inq required to be lurnished the Company shail be addressed t0 lts Home
Offrce. Mrnneapolis, Mrrnesota 55401 .
Note. Ihis Nhcy valid only if Schedules A and B are attached.
removes such defect, lien or
iinal determination bv a court of
of ail aooeals thereirom, adverse
or establishes the title, or the
(a) All payments under this policy, except payments
made ior costs, attorneys'fees andlexpenses, shall reduce the amount ol
the Insurance pro tantoj provided, however such payments, prior to the
acquisition of title t0 said estate o|interest as provided in paragraph 2la)
of these Conditions and StipulationE. shall not reduce pro tanto the amounl
of lhe insurance afforded hereundel except to the extent that such pay-
menls reduce the amount of the indebtedness secured by the insured
m0rtgage.
Payment in full by any person or voluntary satistaction
or release of the insured mortgage shall terminate all liability of the
Company except as provided in parpgraph Z(al hereo{.
7. Limttationaf Liabiliw
No crarm shatl arise or be marnuinqble under this policy (al if the
Company, after having received notiNe of an alleged defect, lien or
encumbrance insured against hereuirdet bV litigalion or otherwise,
mortgage, as insured, as prwided in paragraph 3 hereof; or (c) for liability
voluntarily assumed by an insured in settling any claim 0r suit without prior
written consent o{ the Company.
6. ReductionafLtabilitv
FILE COPY
MEMORANDUM
TO: Lorelei Donaldson
FROM: MaryAnnBesl
DATE: November24,2O04
SUBJECT: Vail Plaza Hotel Development Agreement
Attached is the original of the subject Development Agreement and the original lnevocable Letter
of Credit in the amount of $765, 31 1 .25 which is 125% of public improvements to be made under the
Development Agreement.
Please place these documents in the fire safe.
Judy Camp
Greg Hall
Afilelt4ll
"b@FY
VAIL PLAZA HOTEL DEVELOPTIIENT AGREEMENT
Iy:."""ll!jT3 l^gIEL DEVELoeMENr AGREEMENr (trris ,Asreemenn) is
3i3" :tfly:-"i ?l th" r$. 1ay ot ni j"-,-u"f -,iob;,'bv
"n?
L#;"?h'" ;dffii 'o;
Yi'LelITi"'f 13T9Tll'ojrvo'o?iffi E#tinil&l"i6ffi;:,Hil;ffi J;the State of Cotorado Oe "fowntJ inJ Daymer Corporation N.V., aColonado corporation, ltnd "Oevetopei;.
RECITALS:
A' The Developer is fie ornerof cerfin rear property in the Town, commonry known asthe vair viilage Inn whicfi. i: l-o""t"d in speciar Deveropment District No. 6, phase rv,legally described on Exhibit A attached tiereto 6te'piopJrtvf.-b"vetoper intends toredevelop the Property to anorr for the consEuction of the vail plaza Hotel. Thatredevelopment is refened to herein as the.vair plaza Hoter ero;ei;-
B' Thg Town, through its appropriate boards and reviewing agencies has approvedredevelopment plans to allow for the construction of the vaiipb; iotel eropct on theProperty (the VpH Approvals").
C' Pursuant to the VPH^apFovals, the Developer has agreed to provide for certain public
ir.nqrryepents (the "l1bl!c rmprovements") as set out in the vpH Approvars, Torrrrn ofvail ordinance No- 16, serrei zoo+, ano !s more specificaily describecr and definedherein.
NoW THERFoRE, in cnnsideration of the above premises and the mutual covenants andagreements set forth herein the parties agree as fbllows:
The parties !"r"Otlmprovements as part of the vail plaia Hotel Fri"o subject to the terms belory:
1.
(a) Easr Meadow Drive Light sfandards: The Deveroper shail provide six (6) new
Ight.:lalda.ldg arong East Meador Drive. The rig'nt stanJJrd. .n"rt"n" tnor"specified within the Ea-st Meadow str-eetscape pran with "no*d;or -iypicar,,
accessories and features neoessary for normar functioning of me rlxture. rnestiandarcls shall be delivered to a mutually agreeable location within the town inthe rnanufacture/s original packaging oi initatteo in a good anJ wo*manrxemanner shourd the infrastruclure noted below-be instailid ov in" ro*n prior tothe Vail ptaza Hotelreceiving a Certificate orO"cup"n"v.-S-tiil;i;;ses andconnections, ramps, and erec*rical infrastructure'inouiing out notli*it"o topower and switching shail.be the responsibirity of the iown."ln'aooition,Maintenance andiori+.ramping or the silno"ior shall arso be the responsibirityof the Town.
ro) c/oss/oads (south Frcntage Road) sidewark: The Deveroperagrees to furnishall materiars and rabor for instailation or a ner,v, six foot wicr'e, noi-n"ateo, g.ay,concrete sidewark with.attached gray, concrete curb and gutter a" inoicateo indrawing c12 and details A an? 'r, ora*,ing cts oatiJ gtiloa lncruoinsassociated demorition of asphart areas and sulgrade pr"p".tion.'rne Toivnshall provide for the rerocation of infrastruaure, itititrei, ranoscafing'reatures
jTIVPH.DIA
3ld/or signage in a_timely mannef to allow for installation of the sidewalk nolater than June 1, 2006- Drainage studies and/or struc{ures,
"uro "ut, *nnassociated drainage pans shaf be the responsibility of the Developer.Engineere_d support or.retaining structures, anabr guardraiG snan o" tneresponsibility of the provided by the Torvn. The oevetoier str"ril" ,""pon"ior"for reparl or repracement.of.existing tandscape features ; 'ni;"ti;; systems
:To]:d or. daqgse!. within the right of way during
"onsti.rAlon of thisrmprovement- shourd the adjacent "crossroads oi vait condominiums"property re@ive a building permit for redevelopment of more nan irtty percentof the totat site area prior io rre receipt oia ceitincate or-frrp"*v'bv the vailPlaza Hoter, the Devetoper shar not be ooiigatea to provicJ iiry j6rtion or tnisirnprovement.
(c) vail wllage tnn phle Iil.(south Frcntage Road) sidewark: The Deveroperagrees to fumish ail materiars and rabor for instailition of a new, sxioot wice,
lgatgd, gqryrete paver sider,rralk as indicated in drawing Ca';i detail D,drawing c15 dated 9/1/o4 incruding associiteo demorition-ofi"nos&pe
"r"",and sutsgrade preparation. The Jnor'melt system shail be provided with asepamte manifold for zones located within the right of way in iccoroance withdrawing 1v16.1. The . Developer strail eiercise reasonable care in theconstruction of this improvement and shail oe responiibie ror'repair orreplacement of existing.iniga-tton systems removed or damaged within the right
9f w_ay during conslru&ion or this improvement, and shail aiso be rJsponsibrefor the placement oJ certain tandscape features as set forth in the subjectlandscape plan for this anea as approved by the Town.
(d) Gatevtay (south Frcntage Road) sidewatk: The Deveroper agrees to tumish arlmaterials and rabor for instailation of a nevv, six foot *i0",'treateo, concretepaver sidewark as indicated.in.drarying c11 and detair D, dra,lngtrs oateo9/1/04 including associated demoritio-n of randscape areas and sub4radepreparation. The snorrm.elt system shall be provided'*m
" ""p"[tJ manifoldfor zones tocated wtt11n mg.ri.snt of way in aqcordance *'n oriwtng [,16.1. TheDeveloper reserves the righf to mooi?y tne atignment of the ,ic'"*ak to "mytually agreeabre rocation in order io avoidsignmcant-natrrar'features,utilities or infrastrrct.rrg. .Th9 Developer shail be responsibre for repair orreplacement of existing.inigation systems removed or damaged within the right
9f tmy during construction 9t ttris improvement, and shail jtso be responsiolefor the placement of certain randscape features as set forth in the subjecrlandscape plan for this area es approved Oy tfre fonn.
(e) south Frcntage Road Median: The Deveroper agrees to fumish ail materiarsand labor for instaffation of a 1ew, lirteen (appryximate) foot wide, randscapedmedian as indicated in drawings ctr, odtiii D, crrawing cri-"no'L+ o"t"a
Zlly'incruding associated deinorilioi of existiirg p"u"i ano ,"Ji*
"r"ar.The Deveroper shail provide an operabre inigatioi ivrt"r, "*pt"6ie to tneTorrn, for.ail randscape areas in abordance with drawing F2. concrete curb,gufter and apron details and materials shall match existin!.
0 !wt1 Frcntage Road .(.Vai!. ptaa Hotet) Sidewatk/Landscaping: TheDeveloper agrees to fumiih alr materiars and'labor tor instailationoia'new, sixfoot wide, heated, concrete paver sidewali, oetactreo eurb ano gutter, neateo
lmmVPH.DlA
drive including new drainage pan and apron and landscape improvements andinigation system as indicated in drarruings cl1, L-4 and L2 as well as details asindicated in drawing cls dated 9/1/04 including associaieo oemoliton otlandscape areas and subgrade preparation. Ti'e snowmett and inigation
sv,1t9m shall be provided with a separaie manifolds or valves for zones tocatedwithin the right of.way..The Deveroper reserves the right to modify thealignment of the sidenralk to avoid iignificant natural fe.'atures, utitities orinfrastructure. Additionally,
- the Dev-eloper shall provide ianoscapingimprovements induding inigation as indicated in drawings t--+ ano i-2.
(g) south lnntage Roa! sform Dninage rmprcvenents.- The Developer agreesto provide storm drainage improvembnts located on the south rrontage Roadlimited to one na^, curb inlei located to the west of the proposed (existing)driveway, one new curb inret rocated to the east of ttre proiosec (existing)driveway, one new inreilocated on the North side of the priposed median and
"l-18- 5_qP tying tle two proposed inrets as \,ve[ as ttre-e, bup ]ocated northof-Vail Village lnn phase Iit ano one raterat 1g" ncp connealng ih* p.por"o
infrastructure to the existing curb inlet located east of the lnterske on-ramp atthe north side of the soutfr Frontage Road. The parties herett "d" that for
nmlses of bonding for this improvement, as discussed berow, itre varue ofthis improvement shall be estimaied at $56.500.
(h) vail Road sidewatktLand*aping rmprcvements; The Deveroper agrees tofumish all materials and labor foiinstallation of a new, heated, concrete paversidewalk, detached curb and gutter, neru asphart tum rin"
"no
sirifing, neateddrive including new drainage pan and apron and randscape impio,ienients anoirigation system as indicated in drawinls c9, L-3 and l-i as well as details asin{igte{ in. drawing c15 dated g/1/d4 incruding associated demorition ofexisting landscape, asphalt areas and sub-gradelreparation. Thi snowmeltand inigation system shall be provided with i sepaiate manifolds or varves forzones located within qg lgh! of way. tn addition, the Developer agrees tofurnish all materials and labor for installation of a new pan ano mnoete gufteradjacent to the Gateway entry. The parties hereby agree tnat ror purposes otbonding for this improvement, as discusseo betow, the vaiue of thisimprovement shall be estimated at $37,12g.
(i) vail Road stom Dninage Imprcrcnrent: The Deveroper agrees ro fumish arlmaterials and labor for installation of storm drainage improvlments tocateo onvaif Road limited to relocation and connection wifn a24- ccp to the existingstorm sewer system at East Meadow Drive of one nevv curb inreilocated to thenorth of the proposed drivaray as indicated on sheet c9 and detaired on sheetc16 dated 9t1t04.
(i) East Meadow Drive sidewalk lmprcvenents; The Developer agrees to fumishall materials and rabor for instalration of new, heated, ionoJt" pavers and
9r."_"Jt""p" improvements as indicated in drawings is ano L-3'ai weil asdetails as indicated. in. drawing c15 dated g/t04 inJuaing associateodemolition of existing randscape, isphalt areas and subgrade preiaration. rnesnowmelt system shall be provided with a separate manifolds or valves forzones located within this area. In addition, tne bevetopei "gi"""io iumisn attmaterials and labor for instalration of four (4) new rgnt staioards arong East
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Meadow Drive. The light standards shall be those specified within the East
Meadow Streetscape Plan with 'normal" or "typical" accessories and features
neoessary for normal functioning of the fixture. The Developer agrees toprovide installation, structural bases and connec{ions, lamps, and conneclion to
the Town's electrical Maintenance andor re-lamping of the standards shall alsobe the responsibility of the Town. Storm Orainage lmprovements includinginlets and/or drainage piping shall be the responsiUnity df fte Developer. Th6Developer shall exercise reasonable cari in the construction of thisimprovement and shall be responsible for repair or replacement of existinglandscape.features or inigation systems removed or damaged within the rigtit
of way during construction of this improvement.
(k) East Meadow Drirrc Aft in pufiic plaes: The Developer agre€s to contribute aon+time payment of $35,000 to the East Meadow Drive Art in public places
Archway Project or another approved project. Shourd the Town fair tocommence witlt the design and constructi6n 6f tlre project within one year ofthe date of a Temporary Certificate of Occupancy foi ttie Vail plaza Hdtel, 91;
one time payment of $35,000 shall be refunded t6 the Developer.
? . Bondino For Pubtic lr.nprovementg. The parties hereby acknowledge and agree that abond or leter of credit must Oe pos{eO for 125do of tre total estimated amount for each of thePublic lmprovements listed above (as set forth in the attached Exhibit Bt: with the exception ofthe on+'time contribution to the Art in Public Places tuno, wtiicn witt 6e fully funded prior todelivery of the building permit.
3. .Ref.grenges Io cong!rucfion Drawinq Dates. Any and arr references to specificconstrurtion drawings and/o1 q" .d"t" or septernoer 1,'2a04, may be modified only ""approved by the Town through the building perinit procesi ror tni vaii ptaza Hotet proje;t. ra conflic;t arises between any construction Orawlngi referenced herein and rhose approved aspart of. the buiHing permit for this project, the parties agree that the building permit'plans shallcontrol.
4' . Cet:tif,cqt-e Of,Comoliance. lt.is agreed that upon completion of all improvementscontemplated by this Agreement and upon the expiration of the warranty perioo as definedherein, the Torrn shall, upon the requesi of the Developer, exeqrte a certificate stating that allimprovements have been cor]structed in compliance'wit'h thi$ Agreement. said certificateshall not be unreasonably withhelct if the Deveioper has completel tne public lmprovementsin a good and workmanlike manner, and consistent with VPH Approvals and plans furtherapproved by the Town.
I .^-93!q-?:udop"l tlall wanant any and all Public lmprovements forwhich Devetoperls responslble ror a period of two (2) years from date of completion and acceptance ny ineToyl. . Specifically, Developer shafu wlnant that any and all physical improvements or otherpublic- benefits required by the this Agreement vvtriih are conu,iv"o, J"ficated or othenrvisedone for the benefit of the public shall be free from any defects in maierials and workrnanship,and free from any security interest, monetiary lien or oiher encumbrance.
6' LiaFilitY.pf Successors. The provisions hereof touch and concem and run with theownership of the Property.
jrnmVPH.DIA
8' Seyer abilitv. ln the event any provision of this Agreement is held to be illegal, invalid orunenforceable under any present or future laws, the fegafity, validig and enforcdability of theremaining provisions in this Agreement shall not be-afr6&ed 6r"by, and in lieu of the
3ffected provision there shall be deemed added to this Agreement a su'bstitute provision thatis legal, valid and enforceable and that is as similar as-possible in content to the affectedprovision' - lt is-generalv. i11en99.o !v tre parties that this Agreement and its separateprovisions be enforceable to the fullest
-erctent
permited by law.
9' Frfiibits. All Exhibits to this Agreement, ufrich are referenced by the provisions hereofas being attacfred hereto are deemed incorporated herein by this reference and made a parthereof.
10- E[tlre.Aoreement. This Agreement and the other contracts or agreements specificallyl!f""g to herein represent the entire agreement between the parties-hereto with respect tothe subject matter hereof,. and all frior or extrinsic agreements, understandings ornegotiations shall be deemed merged hdrein.
11 . Ruteg of construdion. The headings, which appear in this Agreement, are for purposesof convenience and reference and are not in any sense to be c6n$rued as mooifyirig tneparagraphs in which they appear. Each party hereio acknowleOges th;t it nas had full and fairopportunity to review, make comment upon, and negotiate thiterms and provisions of thisAgreement, and if there arise.any. amoiguities iri the provisioni nereor or any othercircumstances which necessitate juoicial intebretation of sudh prouisionJ, the parties rirutualtyagree that the provisions shall not be construed against the orifting p"rty, ano *aive any ruleof law which would othenrvise require interpretation or construction llainit the interests of the
lrajting par$. Referen'ns herein to the singular shall include tne pru-,,ar, ano to the plural sha1include-the singular, and any reference to a-ny one gender shall be oeemeo to indude and beapplicable to all genders. The titles of the piragrafns in mis Rgr""r"ni are for convenience
9l t"r*ryry" only and are not intended in any iay to define, limit or prescribe the scope orintent of this Agreement.
12' Effec{ive Date- The effective date of this Agreement shall be the date upon which thisAgreement has been executed and delivered by the Developer and so executed by the TownManager.
13: Waivets and Amendments. No provision of this Agreement may be waived to any extentunless and except to the extent the waiver is specifiially set fortn in a written instrumentexecuted by the party to be b,ound thereby. t'to m6oificatioir oramendment to thisAgreementshall have any force or effect unless embodied in an am"ncatory or otn", agreementexecuted by the Developer and tte Town.
14- Qoveming l-aw and V-qnue. This Agreement shall be govemed by and construed inaccordance with the tavtrs of the State of Colorado, anct EagljCountv, Coro1goo shall be thevenue for any dispute arising under this Agreement.
15.,...Additignal Assurance.s. . Th" parties agree t9. reasonabry cooperate to execute anyadditional documents a1d.t9 tgke any additio-nal action a" mav o"-r.Lionably necessary tocarry out the purposes of this Agreement.
jnnVPH.DIA
16. No Third Partv Beneficiary. No third party is intended to or shall be a beneficiary of this
Agreement, nor shall any such third party have any rights to enforce this Agreement in any
respect.
17. Countemarts. This Agreement may be executed in counterparts, each of which shall
constitute an original, and wtrich together shall constihrte one and the same agreement.
18. Recordinq. This Agreement shall be recorded in the real property records for Eagle
County, Colorado.
19. No Joint Venture or Partnership. No form of joint venture or partnership exists between
the Town and the Developer and nothing contained in this Agreement shall be construed as
making the Torn and the Developer joint ventures or pertners.
20. Attomevs' Fees. In the event any legal proceeding arises out of the subject matter of
this Agreement and is prosecuted to ftnaljudgmen! the prevailing party shall be entitled to
recover from the other all of the prevailing pafiy's costs and expenses incuned in connection
therewith, including reasonable attomeys'fees (and the presiding courtwill be bound to make
this award).
[Balance of pap intentionally left blankl
jnrnVPH-DIA
THE DEVELOPER:
STATE OFCOLORADO
- r|, ) ss:
CoUNw oF La€U I
]he foregoing inslr
4ara eu . 2oo + He^1,\X1*"V"8*H*" me uis'ffiv
of Daymer Corporation N.V., a Colorado
Witness my hand and officialseal.
DAYIUER CORPOMTION N.V., A
,"\ J.Affir*e
jnmVPH.DIA
lN wlrNEss WHEREOF, the Torn and the Deveroper have made thisAgreement as of the day, month and year first above written.
THE TOWN:
TOWN OF VAIL, a municipalcorporation duly
organized and existing by virtue of the laws of the
State of Colorado
By:
Name:
Tifle:Town Manager
STATE OF COLORADO
6fl-e'l4rl
i.:'o..
Saoule
, ) ss:
COUNW OF tfr.qJu*- )
--
\J
The foregoing instrumentwas acknorledged before me this Ea"vv*
'' davof4tw .2OO?_.by
Manager of the Tonrn of Vaii. a mr?991_,by .€fun zevnlAt< asrown
,r va[, a munlopat corporation duly organized and existing by virtue ofthe laws of the State of Colorado.
[Signaturc blocks cor*inue on following page]M
jrrnVPH.DIA
EXHIBITA
I,EGII-HRPI|CN
Or:r Or<ter No. VTF50$4380
PARCEL I:
CONDOMINITJM IJMT I, VIIJ.AGE INN PI.AZA-PHASE IV CONDOMINITJMS, ACCORDING TO THE
CONDOMINITJM MAP RECORDED DECEN{8ER 17, 1992, IN BOOK 596 AT PAGE 910, AND AS
DEFINED ANDDESCRIBED IN IIIE @NDOMINII,]M DECLARANON RECORDED DECEMBER 17, I9S2
IN BOOK 596 AT PAGE 9{I9, COTJNW OF EAGLE, STATE OF COLOMDO.
PARCEL 2:
CONDOMINITJM I.JMTS 788 TIIROUCH 7S{ AND 79? TIIROUGH EOs, INCLUSI\1E VILLAGE INN
PLAZA, ACCORDING TO THE CONDOMINITIM MAP IIIEREOF RECORDED NOVEMBER T9, T982IN
BOOK 319 AT PAGE TT, AND AS DETINED IN T}IE COI.{DOMINIIJM DDCI.ARA'NON RECORDED
NOVEMBER T9, 1982 IN BOOK 319 AT PAGE 12, COT,JNTY OF EAGLq STAIE OF COLORADO.
PARCEL 3:
TIIOSE PORfiONS OF LOTS M, N, AND O, BLOCK 5.D, VAIL VILLAGE, FIRST FIIJNG.
ACCORDINC TO THE MAP TIIEREOF RECORDED I,'NDERRECEPTION NO. S6382 TN THE OFFICE
OF IlIE EAGI".E COTJNTY, COLORADO, CLERI( AND RECOFIDER (CT"ENK'S RECORDS) DESCRtsED
AS FOLLOWS:
BBGINNING AT A POINT, ON T}IE NORI]TERLY LINE OF SAID LOT O, lVfiICH IS T1IE
NORT}TEAST CORNER OF A PARCEL DESCRIBED IN BOOK Zfl' AT PAGE 558 OF TIIE CI,ERK'S
RECORDS, WIIENCE TttE NORIIIWEST COAf.IER OF SAID LOT N BEARS NOnfH 79 DEGREES 46
MINUIES 00 SECONDS WEST 175.00 EEET DXSTANT; THENCE, ALONG SAID NORIIIERLY LINE,
SOUffi ?9 DEGREES 16 MINUIES (lO SSCONDS EAITT 178.{0 FEET, TO TTIE NORfiIIIIEST
CORNER OP ULI.AGE INN PLAZA, A CO!{DOMINIIJM, ACCORDING TO fiIE MAP T}IEREOF
RECORDED lN BOOK 349 AT PAGE u ol TIIE CLERK'S RECOXDS: THENCE, ALoNG TIIE
WESTERLY LINE OF SAID VILLAGE INN PLAZA, A CONDOMINIUM, SOUru 09 DEGREES 3{I
MINUTES OO SECONDS WEST 37.8T FEET fi) TIIE NORITIEASTERLY CONNER OF CONDOMINII'M
IvTAP FOR VILLAGE TNN PLAZA - PIIASE MOI{DOMINIUI.IS, ACCORDING T0 TI{E MAP fl$REOF
RECORDED IN IIIE CI.ERK'S RECORDS; TIIENCE, DEPARTITIG SAID WESTERLYI,INE, lHE
FOLLOWINGNINE COLJRSES AIONC TIIE NORTIIERLY, EASTERLY AI,fDSOUTHERLYIIMS OF
SAID CONDOMINILIM !{AP FOR VIIJ-AGE INN PI*AZA - EIIASE IV : (l) NORTII T9 DEGREES l?
MINUIIS ffi SECOIIDS WEST 70.07 FEET; (2) SOIITH 32 DEGREES 56 MINUIES 27 SBCONDS
WEST frt.51 FEET: (s) NORTII 7t DEGREES {? MINUIES $ SECONDS WEST 61.{6 FEET;
(4) SOUTTT 10 DEGnEES 12 MTNUTES 52 SECONm WEST 69.82 r88T, TO mE NORTHERLY
FACE OF AN H(FTING BUILDING; (O SOUTII 79 DECRSES 58 MINUTES 5r sEcoNDS EAST
6.35 FEET, ALONG IIIE NORI'I{ERLY FACE oF SAID EXISTII\IG EUILDING; (6) SOUTH r0
DEGREES Oi MIITUIES 09 SECONDS WPST 6.{1 FEET, ALONG TII:E EASITRLY FACE OF SAID
EXISTING BUIIDING: 0) DEFARTING THE EASTERLY FACE OF SAID E)CSTING BIIILDING,
SOUTII 79 DEGREES 47 MINUIES {E SECONDS EAST 83.93 FEET; (8) NORTI| 10 DEGREES 12
MINUTES 52 SECONDS EAST 32-s0 SEET; (9) SOUTII 79 DEGREES {7 MINUIES 08 SECONDS
EAST 67,05 FEET, TO THE SAID ITIESTERLY LINE OF VILLAGE INN PLAZA, A CONDOMINIUM;
TIIENCE IIIE FOLLOWING TIIREE COT RSES ALONG SAID WESTERLYLIM: (1) SOUTH 0s
DEGREES 30 MINUIES 00 SECONDS WEST 50.91 FEET; {2) SOUTII 8l} DEGREES Sl MINUIES
00 SECONDS EAST 56.60 FEET; (3) SOUffi 09 DEGREES 30 MINUIES 00 SECONDS WEST
7.46 FEET, TO TTIE NORTIIERLYLINE OF VILLAGE INN PLAZA PIIASES I AI{D tr,
ACCORDING TO TITE MAP THEREOF RXCORDED IN BOOK 388 AT PAGE 855 OF THE CIJ.RX'S
RECORDS; THENCE THE FOLLOWING FOIJR COURSES ALONG THE NORTHERIY AND WISTERLY
EXIIIBIT A
IGLCEffiPnCN
Our Ordcr No. VTF50004380
LINES oF SAID VII"IAGE INN PLAZA PIIASES I AND tr; (1) N0RTH B0 DEGREES 22
MINUTES 22 SECONDSWEST r25-59FEET; (2) SOU1.II12 DEGREES 32 MINUTES ZI SECONDS
WEST 46.01 rrET; {3) SOUTII S2 DEGREES ffi UINUTTS 46 sEcoNDS WEST 49.48 FEET;
(1) SOImt l0 DB6I{EES 13 MINUIE5 02 sEcoNDs gEST 53.5r FEET To fiIg NSRffiEAS'IERLY
CORNEROF FORFEfiJNE ORREVERTTRCLAUSE AMENDMENT TO CONDOMINITJM MAP OF VILLAGE
INN PLAZA - PHASE V CONDOMINIL'IVIS, ACCORDING TO l[IE MAP TIIEREoF RECORDED IN TIIE
CLERI('S RECORD$ THENCE THE FOI.I.OWING TIIREE COI'RSES ALONG IIIE NORfiIERLY LINE OI
SAID NRST AMENDMETiIT TO CONDOMINITTM MAP OF VILLAGE INN }T,AZA - PIIASE V
coNmMINIInrlS: (l) NORIII $ DEGnEES 0? MINUIES 41 SECONDS WEST 1{t0.72 FEET; (2}
NORTII0g DEGRtsES 5? I\ffNUITS 16 SECONDS EAST 6.?5 FEET; (3) NORTII s0 DEGREES 02
MINUTES rl SECONDS WEST 52.23 FEET, TO TfiE WESIERLY LINE OF SAID LOT M; TIIENCE
NORTTI tXI DEGREES 23 MINUIES M SEOONDS WEST 1{15.?6 FEET, ALONG SAID WESTERLY
LINE, TO THB NORTIIWEST CORNER OF SAID LOT M TIIENG' ALONG THE TVEST UNE OF
SAID LOT N, NORT}I OO DEGREES 23 MINUIES {N SECONDS 1VEST 50,05 FEET' TO TIIE
SOUI}MEST CORI.IER OF SAID PARCEL DESCRIBED IN BOOK ?3{t AT PAGE 556 OF 1IIB
CLERI('S RECORDS; THENCB ITIE FOTIOWING TWO COTJRSES ALONG T}IE SOI.NHERLY AT'D
EASTERLYLINES OF SAID PARCEL: (0 SOUEI ?9 DEGREES 46 MIMIIES 00 SECOI{DS EAST
14?.36 EEET: (Z) NORIII l0 DEGREES 14 MIMIIES 00 SECONDS EAST u7-43 FEET' TO
T}IE POINT OF BEGII{NING, COIJNTY OF EAGLE, STATE OF COLORADO.
PARCEL 4:
CONDOMINII,,MTJNITS2AND 3, VIIJ.AGEINNY'.AZA. PHASIVCONDOMINIUMS, ACCORDING
TO THE CONDOMINIT'M MAP RECONDED DECEMBER T?, T992, IN BOOK 596 AT PAGE 9IO, AND
AS DEFINED AND DESCRIBED IN fiIE CONDOMINII,]M DECI.ARA'NON RECORDED DECEMBER T7,
1992 IN BOOK 596 AT PAGE 9OS, COUNIY OF EAGLE, STATE OF COLORADO,
EXHIBIT B
VAIL PLAZA HOTELDEVEIopMENT rupRovEuetri ncneEMENT
VALUE OF puBLtC tn'|pnoveuer_rrs---
Letter of credit at 125o/o of total public improvements shall be $765.31 1.25
Cross roa aE 15. TronE$Ed. ;SidewalkVa.ilVittageh@
Rd) Sidewatk
S. Frontage Rd.; Sidewalk
S.rronta@
Gateway Storm DEinage
vaitRoadS@
Vail Road SaorrnTEhage
htDrovemanf
E.
lm
Meadow DtGEidGwatk
E.Meadow@
EXHIBIT 8.1
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