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HomeMy WebLinkAboutCASCADE VILLAGE COLORADO MOUNTAIN CONODMINIUMS CASCADE VILLAGE THEATER LEGALC,o.eco\&L u\\\ate- Ne,^\ A e-o-> c a.dz\i\\a1 e r(\c\<o$€f, * mnfftrrfit c0t&*.${TY cElEt.oFt€r{T 6iA..4t-V,ft 7- I Dee-gn Review Board ACTIOT{ FgRljl Department of Community Deve|opment 75 South Frontage Road, Vail, Colorado 81657 tel:970.479,2139 fax:970.479.2,152 web: www.vailgo%com Project Name: CASCADE CONDOS Project Description: Paft-c-pants: Project Address: Legal Descraptaon: Parcel Number: Comments: 05 | 16 | 2006 Phone: 97 0-926-2622 051 L6lZ006 Phone: 970-926-2622 Location: 1310 WESTHAVEN DRIVE DRB Number: DRB060164 FINAL APPROVAL FOR PARTIAL DEMOLITION OF EXISTING COLLEGETTHEATER BUILDING AND CONSTRUCTION OF 11 NEW RESIDENNAL CONDOS, FIRST FLOOR COMMERCIAL, AND PARKING GAMGE OWNER CASCADE VILLAGETHEATER INC 05116/2006 PO BOX 1152 VAIL co 81658 APPLICANT RKD ARCHITECTS PO BOX 5055 EDWARDS co 81632 License: C000001770 ARCHITECT RKD ARCHITECTS PO BOX 5055 EDWARDS co 81632 License: C000001770 1310 WESTHAVEN DR VAIL LoE Block: Subdivision: Cascade Village 2103-121-1400-5 See Conditions BOARD/STAFF ACTTON Motion By: Second By: Vote: Conditions: Dantas Dunning 4-0-0 Action: APPROVED Date of Approval: 11/15/2006 Cond:8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 0 (PLAN): DRB approval does not constitute a permit for building. Please consult with Town of Vail Building personnel prior to construction activities. Cond: 201 DRB approval shall not become valid for 20 days following the date of approval. t'Cond: 202 Approval of this project shall lapse and become void one (1) year following the date of final approval, unless a building permat is issued and construction is commenced and is diligently pursued toward completion. Cond: CON0008559 The applicant shall use a bronze window system to match the windows on the west elevation, not the green as proposed. Planner: Warren Campbell DRB Fee Paid: $650.00 .'f New Construction Application for Design Revi Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 te* 970.479.2L28 faxt 970,479.2452 web: www.vailgov.com General Informationl All projects requiring design review must receive approval prior to submitting a building permit application. Please refer to the submittal requirements for the particular approval that is requested. An application for Design Review cannot be accepted until all required information is received by the Community Development Department. The project may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission, Design l€view appioval lapses unless a building permit is issued and constructior commences within one year of the approval, Description of the Request, Partial demolition of existing college/theater building and construction of 11 new residential condominiums, first-floor commercial, and Location of the Proposal: Lot:_Block:_ Subdivision:SDD #4 Area'A Physicat Addressr 1310 Westhaven Drive Parcel No.: 210312114045 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Zoning: SDD Name(s) of Owner(s): Vail Cascade Residences LLC attn: Steve Lindstrom Mailins Address: Box 1152, Vail, CO 81658 Phone: 476-3035 Qwner(s) Signature(s): Name of Applicant:RKD Architects, Inc. attn: Sally Brainerd Mailing Address:Box 5055. Edwards. CO 81632 Phone:926-2622 E-mail Address:Fax:926-9822 It.l //-) l.= i! \\// iE U ^)6)or ao\ Type of Review and Fee: I Signs tr Conceptual Review m New ConstructionB Addition n Minor Alteration (m ulti-family/commercial) tr Minor Alteration (single-family/duplex) D Changes b Approved Plans tr Separation Request $50 Plus $1.00 per square foot of total sign area, No Fee $650 For construction of a new building or demo/rebuild. $300 For an addition where square footage is added to any residential or comm€rcial building (includes 250 additions & interior conversions). $250 For minor changes to buildings and site improvements, such as, re-roofing, painting, window additions, landscaping, fences and retaining walls, etc, $20 For minor changes to buildlngs and site improvements, such as, re-roofing, painting, window additions, landscaping, fences and retaining walls, etc, $20 For revisions to plans already approved by Planning Staff or the Design Review Board. No Fee F:J*ffi"'8"f8e ch".r,No., l?f,? sy, '1.**** *,* *,* * * ******,1***** * * * ** ** * ****** * t* * * +'1.*:t* ** *********** * '! *:l***** * '* * ** ** * * * ** ***,s,r* ** * ** TOWN OF VAIT, COLORADO Statement ** {. * ****4. ++* ** * ** *** ***** +* * * ***** * + *** * * ** *:} *** *** * * 't** * * * **** *,1.,t,* '{. * ***** * ***:t{.****** **** * * Statement Number: R060000600 Anount: $650.00 05/16/200608:03 AI{ Pal.ment MeLhod: Check fnit: ,JS Notation: 1959/RI(D INC. Permit. No: DR8060164 Tl|tr)e: DRB - New Construction Parcel No: 2103-121-1400-5 SitE Address: 1310 WESTHAVEN DR VAII, Location: 1310 'IESTHAVEN DRrvE rotar Fees: This Palment:$eso. oo Total- AI:,L Pmts : Balance : $6s0.00 $65o. oo $0.00 * * *** * * * * * * ****++* *+** * ** * ***1.:t ** **+* * ** * * ****,*** * ** ** * * ****** ****++* +* * ** *t* +* ******* **+** * ACCOUNT ITEM LIST: Account Code Description Current Pmts DR 0010000311,2200 DESIGN REVIEW FEES 650.00 a PROPOSED LANDSCAPING Botanical Name Common Name Quantity Size PROPoSED TREES pooulus Tremuloides Quaking Aspen 13 3" min. AND sHRUBs t-*:Urfrlrrglg, ch"k=.t "try r =*Juniperis Sabina Tammy Juniper 5 gal EXISTING TREES picea punoens Blue spruce 5 6' TO BE REMOVED Populus Trem. Aspen t./ -1 Minimum Requirements for Landscaping: Deciduous Trees - 2" C-aliper Coniferous Trees - 6'in height Shrubs - 5 Gal. GROUND COVER soD SEED IRRiGATION TYPE OF EROS]ON CONTROL Tvoe Square Footaqe bark weed control Please specifo other landscape features (i.e. retaining walls, fencet swimming pools, etc.) F;\cdev\FoRMs\Permits\Planning\DRB\drb_new_construction_11-23-2005.d0c Page 8 of 14 1t/?312005 a Roof Siding Other Wall Materials Fascia Soffits Windows Window Trim Doors Door Trim Buildino Materials PROPOSED MATERIALS Type of Material Standing Seam Metal Stucco Metal Structural Steel Aluminum clad Aluminum Break Metal Aluminum Clad Aluminum Break Metal nla Color Bronze (match exist'g. ) KwalColorWS96l Match Roof Patina, sealed Bronze, Green Bronze, Green Bronze. Green Bronze, Green Hand or Deck Raits Brushed Steel and Painted rntl. Natural and Green Direct Vent wall units Paint to match adiacent Flashing Chimneys Trash Enclosures Greenhouses Retaining Walls Exterior Lighting Other Painted Match adiacent mat'1. Stucco wallwl Flashed cap Match Existinq Recessed wall and sconces Notes: Please specify the manufacturer's name, the color name and number and attach a color chip. F:\cdev\FoRMs\Permits\Planning\DRB\drb_new-constructlon_11-23-2005.doc Page 7 of 14 !U23lZg05 nla nla Status: I Approved Corvtrvrur.lry DEVELopMENT Rounruc Fonna I Approved with conditions fi Denied Routed To:Public Works Date Routed:05/18/06 Routed By:Matt Gennett Date Due:05125t06 Description of work:Stamped Topo for Demo/Rebuild New Residential - & Conversion fro commercial space Address:1310 Westhaven Drive Legal:Lot:Area A Block: I Subdivision:SDD No.4 Comments:Date Reviewed: Fire rtment lssues. Need additional review bv Fire 1. Vertical Clearance for the relocated ped bridge over Westhaven Dr shall be no less than it is in its current location. Provide soot elevations at centerline of and bottom ofthe structure. 2. Prooer stoooino sioht distance needs to be provided for the portcochere access. 3. Proper stopping sight distance needs to be provided for the proposed garage access on the 4. 20'wide qaraqe door is required for the qaraqe access on the west side of the cfia,nr.f{TY cFt€L0pt€t{r Design Review Board ACTIOil FORIjI Department of f,ommunitlr Development 75 South Frontage Road, Vail, Colorado 81557 tel: 970.479.2!.39 fax: 970.479.2452 web: www.vailgor/"€orn Project Name: CASCADE THEATRE CONVERSION Proiect Description: Pafticipants: OWNER PO BOX 1152 VAiL co 81658 APPLICANT RKD ARCHITECTS PO BOX 5055 EDWARDS co 81632 License: C000001770 ARCHITECT RKD ARCHITECTS PO BOX 5055 EDWARDS 03127/2006 Phone: 970-926-2622 03 | 27 | 2006 Phone: 97 0-926-2622 co 81632 License: C000001770 Project Address: 1310 WESTHAVEN DR VAIL Location: 1310 WESTHAVEN DRIVE Legal Description: Lot: Block: Subdivision: Cascade Village Parcel Number: 2103-121-1400-5 Comments: DRBNumber: DR8060078 VAIL CASCADE-CONCEPTUAL REVIEW FOR THE CONVERSION OF EXISNNG THEATRE TO 11 RESIDENTIAL UNITS, COMMON SPACE AND RRST FLOOR COMMERCIAL SPACE. CASCADE VTLLAGE THEATER rNC 03127 12006 BOARD/STAFF ACTION Action: CONCEPT Gonditions: Cond: 200 A conceptual review is NOT a Design Review Board approval. Planner: Matt Gennett \G i Conceptual Review Application for Design Revi Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 te| 970.479.2L28 fax: 970.479.2452 web: www.vailoov.com General Information: All projects requiring design review must receive approval prior to submitting a building refer to the submittal requirements for the particular approval that is requested. An cannot be accepted until all required information is received by the Community Development Department. The project may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission. Design review approval lapses unless a building permit is assued and construction commences within one year of the approval. Location of the Proposal: Lot: Physacal Address: Parcel No.: 2l O V ll- ll'l OOa (contact Eagle Co. Assessor at 970-328-8640 for parcet no.) Zoning:5DD \V/L=I\ ilIll 2ooo lljja Vnr =\:r-Ll MAR 2? Name(s) of Owner(s): Mailing Address: a nJ .-6' o f'. oov 0rtr tr tr Type of Review and E /,Signsg conceptual Review Fax: $50 Plus $1.00 per square foot of total sign area. No Fee ' $650 For construction of a new building or demo/rebuild. $300 For an addition where square footage is added to any residential or commercial building (includes 250 additions & interior conversions). $250 For minor changes to buildings and site improvements, such as, re-roofing, painting, window additions, landscaping, fences and retaining walls, etc. $20 For minor changes to buildings and site improvements, such as, re-roofing, painting, window additions, landscaping, fences and retaining walls, etc. $20 For revisions to plans already approved by Planning Staff or the Design Review Board. No Fee tr ! New Construction Addition Minor Alteration (multi-family/commercial) Minor Alteration (single{amily/d u plex) Changes to Approved Plans Separation Request Phone: Owner(s) Signature(s): oc*,tt-s{tY 0EI/ELoF|E t Derign ReYiew Board ACTIOI{ FOR}I Department of Community Develspment 75 South Frontage Road, Vail" Colarado 81657 tel:970.479.2139 far:970.479.2452 web: www,vailgov.com Project Name: CASCADE VILLAGE NEW CONST Project Description: DRB Number: DR8050560 FINAL APPROVAL FOR A MAJOR AMENDMENTTO CASCADE VILLAGE SPECIAL DEVELOPMENT DISTRTCT (SDD #4) Participants: OWNER SIROTKIN, NEIL IOITil2OO' 2121 N FRONTAGE RD W 197 VAIL co 81657 APPLICANT MAURIELLO PLANNING GROUP, LLl0 | L7 12005 Phone: 970-748-0920 PO BOX 1127 AVON co 81620 License; C000001697 Prcject Address: 1310 WESTHAVEN DR VAIL Location: 1310 WESTHAVEN DR., UNIT C202 Legal Description: Lotl Block Subdivision: Cascade Village Parcel Number: 2103-121-1400-4 Comments: Conceptual Motion By: Second By: Vote: Conditionsr BOARD/STAFF ACTION Action: CONCEPT Date of Approval: Cond:8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond:0 (P|-AN): DRB approval does not constitute a permit for building. Please consult with Town of Vail Building personnel prior to construction activities. Cond: 201 DRB approval shall not become valid for 20 days following the date of approval. Cond:202 Approval of this project shall lapse and become void one (1) year following the date of final approval, unless a building permit is issued and construction is commenced and is diligently pursued toward completion, Matt Gennett DRB Fee Paid: $650.00Planner: ,*ffi Application for Design Review Department of Community Development 75 South Frontage Road, vail, Colomdo 81657 tel: 970.479.2139 faxi 970.479.2452 web: www.d,vail,co.us General Information: All projecb requiring design review must receive approval prior to submitting a building permit application. Please refer to the submitbl requirements for the particular approval that is requested. An applicatlon for Design Review cannot be accepted until all required information is received by the Community Development Department. The proiect may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission. Design review approval lapses unless a building permat is issued and construction commences within one year of the approval, Description of the Request: Maior Amendment to Casade Village Soecial Development District (SDD #4) Location of the Proposal: Lot:-Block: Subdivision: Cascade Village Physical Address: 1310 Westhaven Drive - Unit C202 Parcel No.: 210312114004 ( Eagle Co. Assessor at 970-328-86'10 for parcel no.) Zonang: SDD #4 Name(s) of Owner(s):Neil Sirotkin Flailing Address: 2121 North Frontaqe Road West. Ste 197 VAIL. CO 81657 - Phone: Owner(s) Signature(s): Name of Applicant: Cascade Village Theatres. Inc.. represented bv Mauriello Plannino Grouo, LLC Mailing Address: PO Box 1127. Avon. CO 81640 Phone: 748-0920 E-maif Address:mauriello@comca$ Faxl. 748-0377 Type of Review and Fee: *c,o,l o Fo tr F tr tr Signs Conceptual Review New Construction Addition Minor Alteration (multFfamily/commercial) Minor Alteration (single-family/duplex) Changes to Approved Plans $s0 No Fee $6so $300 $2s0 $20 $20 No Fee Plus $1.00 per square foot of total sign area. For mnstruction of a new building or demo/febuild. For an addiuon where square footage is added to any residential or commercial building (includes 250 additions & interior conversions). For minor changes to buildings and site improvements, such as, reroofing, painting, window additions, landscaping, fences and retaining walls, etc. For minor changes to buildings and site improvements, such as, reroofing, painting, window additions, landscaping, fences and retaining walls, etc. For revisions to plans already approved by Planning Sbff or the Design Review Board.tr Sepamtion Request Application for Design Review Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 teli 970.479.2139 fax]. 970.479.2452 web: www.ci.vail.co.us General Information: All projects r€quiring design review must receive approval prior to submitting a building permit application. Please refer to the submittal requirements for the particular approval that is requested. An application for Design Review cannot be accepted until all required information is received by the Community Development Department. The project may also need to be reviewed by the Town Council and/or the Planning and Environmental Crmmission. Design review approval lapses unless a building permit is issued and oonstruction commences within one year of the approvat. Description of the Requestu Malbr Amendment to Gsade Wllaae Srecial Development Distrid (SDD #4) Location of th€ Proposal: Lot:_Blockt_ SuMivision: Cascade Village Physical Address: 1310 Westhaven Drive Parcel No.: 210312114005 ( Eagle Co. Assessor at 970-328-8640 for parcel no,) Zoning: SDD #4 Name(s) of Owner(s):Cascade Villaoe Theatre. Inc. Name of Applicant: Cascade Village Theatres. Inc.. represented by Mauriello Planning Group, LLC Mailing Address: PO Box 1127. Avon. CO 81640 Phone: 748-0920 E-mail Address:mauriello@comca$ Fax= 748-0377 Type of Review and Fee: Owner(s) Signature(s): tr Signs ! Conceptual Review tr New Constructionfl Addition ! Minor Alterauon (multi-family/commercial) tr Minor Alteraton (single-family/duplex) tr Changes to Approved Plans tr Separation Request $50 Plus $1.00 per square foot of total sign area. No Fee $20 $20 No Fee $6s0 $300 $2s0 For mnstruction of a new building or demo/rebuild. For an addition where square footage is added to any residential or commercial building (includes 250 additions & interior conversions). For minor changes to buildings and site improvemenB, such as, reroofing, painting, window additions, landscaping, fences and retaining walls, etc. For minor changes to buildings and site improvements, such as, reroofing, painting, window additions, landscaping, fences and retaining walls, etr. For revisions to plans already approved by Planning Staff or the Design Review Board. For Office Use Only: Fee Paid: Check No.;_ By:Date:- DRB No.: Planner:Project No.: tii -|']i). ii,i 1 r 1'. TO}V]\I Application for Design Review $50 No Fee $6s0 $3oo $2s0 $20 DepaGment of Commqnity Development 75 South Fronhqe Road, Vail, Colotado 81657 teli 970.479.2139 fax: 970.479,2452 web: wtYw'ci'vall.co.us elJs $1,00 per square fmt of total slgn area. For construction of a nev/ building or demo/rebuild' For an addltion where square footage is added to anY residelltial of commercial bulldhE (indudes 250 additions & inErior .onversions). For rninor changes to buildings alld Site lmprovemenF. $ucn as' rerocfing, painlng, window additions. lands{aping, fences afld retarn,ng wells, etc For minor ciErEes to buldlrEs and site improver{€nts, such a5/ remofrng. painting, window addibons, Iardsc€pingi fe|lees and Type of Review and Fee: Signs CorKeptual Revlew :iew Construction Addiiion Minor Ateratidn (multr farnilY/commercial) Minor Alteration (slnqle'fu mily/duplex) Changes to &Proved Plans SepaGtion Requesl Use Onlyl Pald: --- .- Check No, AppllEatlrrn Dd|f; {t4) Location of the Proposah Lot-Bloc(: subdivision;-,lcas'adellllegC physicnl Address: 13i0 westhaven Drive Parcel No,: ?10312L14i0!5118- ( Eagle Co' Assessor at 970-328'8640 for parcel no') General Information: nrlp.i.cr "qrltinf .l*sgn review must receive apprcval prior.to srbmitting a bulldir' permit applicatiofl, Pleese refer to thc submiftat r€qutremenE fqr the pa*iculai approval that.is tquested, An application for.Desigr| Reviev/ cannot be accepted ur'ttil t rcgurred information is i.ieivea by the Cornmunity Der'elopmcnE Depaftment The p*pA *oV also neerl to Ue revtewed by the Town Council_and/or the Plannlng and EnvironnEntal Commlssion, 'O"iiS;., ;i,ii* approval lapses untess a buitOtng p€rmit is issued and conshuction commences wifhln one year qf the aPProval. Description of the Request i Malor Amendnent tQ Cascade Wlkoe SofYj/a! DeveloPn Zoning; SDI #4 - Name(s) of Owner(s)! Colo€do Mountat Coll Mailing Address: --iSgl4i]blBelEh Rqad- Ed-ilards' co 8163? -owner(s) Signature(s):7.4 , Name of Applicantt 1310 Buffalo R.ogrrties LLC. reDresented ry Mailing Address: Po Box 117-7- tvon. CO 81640 phon€! 748-0920 E-mail Address: rndur iello- cpflIa5l,let- --Faxt 748{lf 7. -_ rutaining wa[15, etc, $20 For revisions to plan6 alrcady approred by PlanninE Sff or the Dedgn F.eview Bodrd, No Fe€ Phnner: * * * * ** ** * *** ***** *** * ** ** * * * ********+** +**,t't * ** *+*,t**'t ** * * *** ** ***** * **( * ******* * *** 't! *! ***** ** TOWN OF VAIL, COLORADO Starem€nt *** *+!t* ****+**** **rNr*** *+*** ** *** * **** ****** *+*+* '* 't*****:t*** ******** * *,! ***** * *** **** **{. ***** * Statement Number: R050001741 Arnount.: $550.00 LO/L7/200503:01 pM Pa)rment Method: Check Init: iIS Notation: 20]-2 / L3LOBUFFALO PROPERTTES INC Permit No: DR8050550 Type: DRB - Nev/ Construction Parcel No: 2LO3-I2!-1400-4 Site Address: 1310 WESTHAVEN DR VAIL L,ocation: 1310 WESTHAVEN DR., I,NIT C202 Total Fee6: 5650.00This Palment: $550.00 Total AtL, Pmts: 9650.00Balance: 50.00 * ** * ** ** *** *****:*.** **********+* ***** ******+*****+*** * ******* * * **** ***+** *:r+*** ** * ******,*:r*** ACCOUNT ITEM LIST: Account code Description Current Pmt.s DR 00100003 LL2200 DESIGN REVTEW FEES 6s0.00 Department of Community Development 75 South Frontage Road Voil. Colorado 81657 970-479-2138 FAX 970-479-2452 www.ci.vail.co.w Hi Jack, I spoke to Public Works at length regarding their comments yesterday. Essentially, they would like you to describe/demonstrate how and why the subject Development Standards cannot be met. For the entrance to the parking garage, a few questions came up: - ls the garage / entrance being used today for residential parking & if so, is it a 2 way access?- Why can't the entrance opening be expanded? Please get back to me when you have a chance. Perhaps it would be best for you to sit down with Tom Kassmel (Town Engineer) and address their issues directly. His number is 479-2235. Have a nice weekend..// ., ''Man,)d{/# Matthew R. Gennett, AICP Town of Vail Community Development Department (970) 479-2140 Office (970) 479-2452Fax {gr"o"uor r* fer{.-t, lnc VAIL CASCADE RESIDENCES CODE ANALYSIS: Summary a. IBC 2003 b. Mixed-Use Occupancyi. Primary - R2 with Business on 1"'floor, Garage and Storage at Basementc. Project is part of existing bldg Occupancy - Chapter 3 a. Primarv - Residential - R2 - Part of Basement, 2nd through sth floor Section 310i. Separation: see below b. Commercial - B - Ground floor offices Section 304i. Separation: see below c. Storaqe/ private oaraqe - 52 - Part of Basement (accessory use to R2)i. Separation from Offices (B) 2hour (reduced to t hour with note c or exc. of 3a23.2) ii. Separation from Residential (R2) 2 hour (reduced to t hour with note c or exc. of 302.3.2) d. Restaurant - A2 - existing restaurant on first floori. Separation from existing basement to remain as built ii. Separation from new B - 2 hour - (reduced to t hour for sprinkler (exc. of 302.3.21 Special Occupancy Details - Chapter 4' a. Atrium - section 404i. Sprinkled - Section 404.3 ii. Smoke Control - 404.4 iii. Separation - t hour fire barrier at R2 and B (but open to lobby and corridor) 1. Or, glass wall at edge of opening with sprinklers on floor sideqs leaving walls as lire partitions. Heights and Areas - Chapter 5 a. Height (= 70'from lowest point - not average)i. With sprinkler = 75' (table 503 - type ll N R-2) b. Area (see chart below) Type of Construction a. Type llN Rated construction a. Separations-see above b. Corridorsi. 0.5 hour rating (table 1016.1) ii. t hour fire barrier at atrium (see above) c. Elevatori. No lobby required per 707.14.1 exception 4 RKD Architects, Inc. Design and Construction 137 Main Street SuiteC004 - P.O. Box 5055 - Edwards, Colorado 81632 - (97Ot 926-2622 - (970) 926-9822 fax www.rkdarch.com 2. 4. 5. 7. 6- L Sprinklers, Alarms, Smoke vent a. Fully sprinkled b. Alarmed c. Smoke vent at atrium Means of Egress a. Existing stairs extended to fifth floor corridor b. Reroute existing connection from Health club to Hotel through new rated corridor.c. Units with more than 2,000 sf need two means of egress d. Sleeping rooms on 2no and 3q floor with no outside wall need doors into corridor, or atrium (il additional door leads to corridor) Accessibility a. Two type B units provided b. All entry doors, and access to them, accessible. c. One accessible parking space in basement provided 16000 25.40 200 ATH At'ls 4,064 32,000 52,064 d. Area of refuge at all new stair landings r--.r==-a lAflfi+i u area per lr- Frontage increase l" - sprinkler increase A"=At+(Ail/1 oo)+(Ail"/1 oo) Section 506 - Aiea Modifications T tco.tyl lr = 100 ((F/P)-0.25XW/30)) F= E!_ w= 25.40 317 629 30 RKD Architects, lnc. Design and Construction 137 Main street SuiteC004 - P.O. Box 5055 - Edwards, Colorado 81632 - (97o) 9?6-2622 * (970) 926-9822 fax www.rkdarch.com s#; 1" .*.r..d.H View from Westhaven Drive r.:TPROVED EY T-;N TOWN OF VAI;f,riiGN FEVIFW pfi i, ) t'-_ .. i: qt t' s:. :,fi,,"+& View of Arcabe lr-tseb {^), '{a a t.t View from Hotel Court lvt*ot wc Standing to Match Stucco Seam Metal Roof Existing Brushed Painted Steel and Railings Metal Clad Windows Wood Trim Brushed Steel Verticals T -t ,I ,.t Cut Stone Base and Column Wrap Brushed Steel Arcade Structure East Elevation l!i.9or' wu -^- -^. --.. !t-_ ( I South Elevation lll*ot' $c,, --. -^. -^.t t-t t*Lffi West Elevation AFPROVED BY TI.{E TOWN OF VAII- OES|GN REVIFW BOAND North Elevation APPROVED BY THE TOWN OF VAI!. DESIGN REVIEW BOARD u.otr, l{-190c -- PL{r,rNER;-lA)4 - - Vail Cascade Residences SDS-1 "-'ffis-2Vail Cascade Residences Vail Cascade Residences SDS.11 Cc*lfi.finY DftELOPIIE]{I 41ar-t-V;tt-7 ^ Planning and Environmental Commisson ACTIOT{ FORII Dep€rtment cf Community Development 75 Soutlt Frofltage Road. Vail, Colsrado 81657 tel: 970.479.2t.39 fax:970.479.2-{52 web: www. vailgov,conl Project Name: CASCADE RES MINOR AMEND SDD Project Description: Participants: ProJect Address: Legal Description: Parcel Number: Comments: PEC Number: PEC050075 FINAL APPROVAL FOR A MINOR AMAENMENTTO AN SDD TO ALLOW FOR MINOR CHANGE THE BUILDING ENVELOPE. THE PEC UPHELD THE STAFF APPROVAL. owNER CASCADE VrL|-AGE THEATER rNC 10/16/2006 PO BOX 1152 VAIL co 81658 APPI-ICANT MAURIELLO PLANNING GROUP, LLl0 | 16 12006 Phone: 970-748-0920 PO BOX 1127 AVON co 81620 License: C000001697 ARCHITECT RKD ARCHITECTS t0 | L6 | 2006 Phone: 970-926-2622 PO BOX 5055 EDWARDS co 81632 License: C000001770 1310 WESTHAVEN DRVAIL Location: 1310 WESTHAVEN DRIVE Lot: Block: Subdivision: Cascade Village 2103-121-1400-5 PEC Upheld Staff approval BOARD/STAFF ACTION Motion By; Second By: Vote: Conditions: Rollie Kjesbo Dick Cleveland 5-0-0 Action: APPROVED Date of Approval. LU 1312006 Cond:8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff andlor the appropriate review committee(s). Cond: 300 PEC approval shall not be not become valid for 20 days following the date of approval. Planner: WanenCampbell PEC Fee Paid: $1,000.00 Department of Community Development 75 South Frontage Road Vail, Colorado 81657 970-479-2138 F/LX 970-479-2452 www.vailgov.com October 26,2006 Vail Cascade Residences. LLC c/o Steve Lindstrom PO Box1127 Avon, Colorado 81620 and Town of Vail Planning and Environmental Commission and Adjacent Property Owners: Re: Report to the Planning and Environmental Commission of an administrative action approving a request for a minor amendment to SDD No. 4, Cascade Village, pursuant to Section 12- 9A-10, Amendment Procedures, Vail Town Code, to allow for modifications to the approved building Plans for the Vail Cascade Residences (Cascade movie theaters and Colorado Mountain College), located at 1310 Westhaven Drive/Cascade Village, and setting forth details in regard thereto. (PEC06-0075) Applicant Vail Cascade Residences, LLC, represented by Mauriello Planning GroupPlanner: Warren Campbell Dear Mr. Lindstrom, PEC members, and adjacent property owners: On October 16, 2006, Vail Cascade Residences, LLC, represented by the Mauriello Planning Group, submitted an application to the Town of Vail Community Development Department for a minor amendment to Special Development District No. 4, Cascade Village. The purpose of the minor amendment is to allow for the Approved Development Plan to be amended to address Design Review Board comments and errors found in a previous survey. I. DESGRIPTION OF THE REQUEST The applicant, Vail Cascade Residences, LLC, represented by the Mauriello Planning Group, have requested a minoramendmentto Special Development District No.4, Cascade Village, to allow for modifications to the approved building Plans for the Vail Cascade Residences (Cascade movie theaters and Colorado Mountain College), located at 1310 Westhaven Drive/Cascade Village. The purpose of the minor amendment is to allow for the relocation of Gross Residential Floor Area (GRFA), office and commercial square footage approved for the conversion of the Cascade movie theaters and Colorado Mountain College f,-p fu.""t"o rn"" into eleven (11) condominiums, offices, and commercial space. The need to relocate GRFA, office, and commercial square footage approved for Area A of the Cascade Village Special Development District by Ordinance No. 33, Series of 2005, resulted from several public hearings with the Design Review Board which requested that greater architectural interest be created on the exterior of the structure and a surveying error which found that portions of the approved development plan were located within the Town's right-of-way. Per the proposed plans, there is no net change in the total number of dwelling units. There is a reduction in the GRFA from 31 ,065 square feet to 30,934 square feet, for a decrease of 131 square feet. In addition, there was a reduction in the amount of office square footage lrom2,ST3squarefeetto2,l03squarefeet,foradecreaseof4T0squarefeet. Thereare minor changes to the north elevation to allow for greater architectural interest on the elevation perthe Design Review Board comments. These changes have been conceptually reviewed by the Design Review Board; however, final approval is still required. A copy of the revised Plans approved by Staff is attached for reference (Attachment A). The plans show areas of changed in differing hatched patterns. A "minor amendment' is defined as: "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 consrsfenl with the design crtbria of this Chapter. Minor amendments may include, but not be limited to, variations of not more than five feet (5') to approved setbacks and/or building footprints; changes to landscape or site plans that do not adversely impact pedestrian or vehicular circulation throughout the special development district; or changes to gross floor area (excluding residential uses) of not more than five percent (5%) of the approved square fooitage of retail, office, common areas and other nonresidential floor area, except as provided under Sections 12-1 5-4 (lnterior Conversions) or 12-15-5 (250 AdditionalGRFA) of this Title. II. CRITERIA AND FINDINGS A. Section 12-9A-2: MinorAmendment (staff review): modifications to building plans that do not alter the basic intent and character of the approved special development district and are consistent with the design criteria of this Chapter. Staff finds that approval of this minor amendment request does not alter the basic intent and character of Special Development District No. 4, Cascade Village. As stated above, there is no change in the total number of dwelling units and a reduction in the approved GRFA of 131 square feet. The addition does change the approved setbacks by less than five (5) feet and the amount of retaillcommercial floor area by less than five (5) percent within the whole of Area A of the Special Development District. B. Section 12-9A-10: Minor modificatlons consistent with the design criteria outlined in subsection 12-94-2 may be approved by the Department of Gommunity Development. Notification of a proposed minor amendment and a report of staff action shall be provided to all property owners within or adjacent to the district that may be affected by the amendment. Notification shall be postmarked no later than 5 day following staff action on the amendment and shall include a brief statement describing the amendment and ilt. the time and date of when the Planning and Environmental Commission will be informed of the staff decision. Notification of the public hearing and a summary of the request has been provided to all adjacent property owners. PROCEDURE Section 12-9A-10, Amendment Procedures, Vail Town Code, provides the procedure for a minor amendment to a Special Development District. The procedure is as follows: 1 2-94-1 0 : AMEN DMENT PROC EDU RES :A. Minor Amendments: 1. Minor modifications consistent with the deslgn criteria outlined in subsection 12-94-2 (definition of "minor amendment") of this Article, may be approved by the Depaftment of Community Devebpment. All minor modifications shall be indicated on a completely revised development plan. Approved changes shall be noted, signed, dated and filed by the D epartment of Cammunity Development. 2. Notification of a proposed minor amendment, and a report of staff action of sard reguest, shall be provided to all property owners within or adjacent to the special development district that may be affected by the amendment. Affected properties shall be as determined by the Department of Community Development. Notifications shall be postmarked no later than fue (5) days following staff action on the amendment request and shall include a brief statement describing the amendment and the time and date of when the Planning and Environmental Commission will be informed of the staff decision. In all cases the report to the Planning and Environmental Commission shall be made within twenty (20) days from the date of the staffs decision on the requested amendment. 3. Appeals of staff decr.slons may be filed by adjacent property owners, owners of property within the special development district, the applicant, Planning and Environmental Commission members or members of the Town Council as outlined in Section 12-3-3 of this Title. Based upon review of the criteria and findings in Article 12-9A, Special Development District, Vail Town Code, staff finds the above-referenced amendment to Special Development District No. 4 is approved with two conditions in accordance with the procedures as identified in Section 1 2-9A-10, Amendment Procedures, Vail Town Code, The conditions are as follows: 1 ) That the Applicant receives final review and approval of the proposed exterior changes by the Town of Vail Design Review Board, prior to making an application for the issuance of a building permit. 2) That the applicant shall submit an amended condominium plat for Area A of Special Development District No. 4, Vail Cascade, for review and approval prior to requesting a temporary certificate of occupancy or certificate of occupancy. Staffs approval of this minor special development district amendment will be reported at a public hearing before the Town of Vail Planning and Environmental Commission on Monday, November 13, 2006, at 1;00 p.m. in the Vail Town Council Chambers, located at 75 South Frontage Road. The Planning and Environmental Commission reserves the right to "call up" this staff decision for additional review at this hearing. Pursuant to Section 12-gA-10, Vail Town Code, appeals of staff decisions may be filed by adjacent property owners, owners of property within the special development district, the applicant, Planning and Environmental Commission members or members of the Town Council as outlined in Section 12-3-3, Appeals, Vail Town Code. Should you have any questions, please do not hesitate to contact me at 970-479-2148. Sincerely, 4J,^,,,*, Warren Campbell, AIC Senior Planner Town of Vail Attachments: Approved plans dated October 25, 2006 i ; L _il I \ @]r.t q, lb>t=9 f,l86> 1 0v Y | !> Yl2!! ll i+.llilI lt g ,* -,,, -,"* i i-l lilE-fi--, EEr--r+E1r--J--rt L__, CASCADE RESIDENCES 131O I/VESTHAVEN E'RIVE VAIL. COLOFTADC' \ -- -- _ r I \\Rx0svz\5eder-p\AditE.rudfde'\Pf,ect0.070.viilc6dj€RG|dfB\rt.c!r'$9.|'ou{iEdt{9,l|l'l(0),1o25r2i,0612:14:51Pr\1,Atr'|bE!,\vI(Gvt ---------- U U mg (t -lo ^b.o m dI mI *m!.o 4Y4tfrrlr7lffi s2$ fi!e T ?ffir3To-zA!'(IlL 2Rd z- T Cascade Resldences raro wEstlravEr{ DRrvE \\Rd5v|2\sgE.D\^rJdt€d'a|frh^PD'et040'0.ve||ca*.dcRBi'.nc6\not<oMt\ealty@diE.dq,$lb.t(1),1o/2'20o6l2:15l36Pit,A.ni6q.,\\rl.d5,o2@xwdE11d6 r4i =gni?ill F#dEfiz Hz$ua"' Hryer = == il F Cascade Resldences ,I!10 VVESiHAVEN DRTVE \\{ld$42\s.M-D\A't}'|ie6'atfde^P'ol.d04070.vd[cfadeR6ldseVbtt!tdtt\sdyNtl|ne.&g,wod((2I10/25/2o0612|15:28Pt{,Amnb9€,\\t|d54o2udqwdh!1186 $$fi rfi$i-l.z gt:i; 5 i6 F Cascade Resldences I3IO IYtsSTHAVEN OR'T'E v.||.co|oEdo \\Rkd'd2\5e@.o\ArdiledrdFo|de^'oJ€Ct0t070-v6nc46deR<ldEEc5\'ot.c@t\enirodilB.d{9,trdtG)l10/25/200612;t5:t1F1,Arntiige,\\'*tlrvr02 84* =Y4{?ilI FsA!fi-fr E.Eyg fl6fia{b.{I(D F Cascade Residences r3ro w€tTBAvEr{ DRtvE v.lr, coror.d. \\RkdMo2\5eN-D\^Et't.tt!6lfdq\Prq,€d{x070-vailc6dd.R.5|dc\noti'ut\q'y@tlignvi9'|yb't(4),r025/zo0512{5:o2P'tl,f'nlt.ge,\\r1.d5t02u€dwdM118E *fl*Ffl$g = -iH F Cascade Resldences 13,IO WESTHAVE| DR'VE V.ll, colonro \\Rkktdz\See-D\aEhltearil HderwEct G.oto - v.tr Ghde R6tdq!.lsvEttornt\et odan.'dkg, wbrt (t, 10,[5n006 12:1srr9 &, Anltag€, Nt'dero E4t lgni4dE F#frd2n Efiq:i eF'$ E Cascade Residences IIIO WEATHAVEI{ DR'VE IOI4'NM . Reaoning $1300. lvla.ior Subdivision $1500. Minor Subdivision $650. Exemption Plat $650 _---. Minor Amendment to an SDD $1000. New Special Development Distict $6000. Major Amendment to an SDD $6000. Major Amendment to an SDD $1250 b o erte rto r mod iti cati on s) parcef No.: JlWlLlItlE- (conract Eagle co. Assessor at 970-328-8640 for parcel no.) Zonins: T " tlhtilswtrl'lt rldfi * * N a m e (s ) oi own",1" y, thil tannfu FndtAcfo, lrl'{' Mailing Address:wnn Owner(s) Signature(s) : Name of Applicant: Mailing Address: Application for Review by the Planning and Environmental Gommission Department of Community Development 75 South Frontage Road, Vail, colorado 81657 tel: 970.479.2139 tax: 97 0.479.2452 web: www.vailgov.com General Information: All projects requiring Planning and Environmental Commission review musl receive approval prior to submitting a building permit application. Please refer to the submittal requirements for the particular approval that is requested. An application for Planning and Environmental Commission review cannot be accepted until all required information is received by the Community Development Department. The project may also need to be reviewed by the Town Council and/or the Design Review Board. Type of Application and Fee: $650 $400 $650 $800 $1s00 $2s0 $1300 $500 $200 . Conditional Use Permit. FloodDlainMo'dification. Minor Exterior Alteration. Major Exterior Alteration. Development Plan. Arnendment to a Development Plan. Zoning Code Amendment. Variance. Sign Variance TJ A oc oo \, \ u E-mail Address:.0*Fax 741.0177 Pase I of 7-04/0U04 Pa'-t-- t*****++**!k********:l**{.**********+************++*****t*****+*****+****f**************t*'t***** TOWNOFVAIL, COLORADO Statement**+*+*,*,1,1***********************x**+**+**+*******+*****************************************!* SEatement Nunber: R060001725 Amount: $1,000.OO LO/t6/200604:26 pM Payment Method: Check PTANNING GROUP Init: .fS Notation: l- L 9 6 /MAURTEIJL'O Permits No: Parcel No: Site Address: IJocati"on: This Payment: PEC060075 TIT)e: PEC -Minor SDD Amendment 2103-121-1400-5 1310 WESTHAVSN DR VATL ]-3 10 WESTHAVEN DRTI,/E Tota1 Fees: Total ALL Pmts : Balaoce : $r., 000. o0 $1,000.00 $0.00 sr.,000.00 ***'t***************************t********************+*************t*t***+***************:**** ACCOUNT ITEM LIST: Account Code Descript ion Current Pmts PV 00100003Lr2s00 PEC APPLTCATION FEES 1, 000 . 00 architects, inc Wanen Campbell Town of Vail Community Development 10t24t2006 re: Cascade Residences Application for a minor amendment to SDD. Wanen. Attached please find the drawings your requested that clarify the proposed changes to our SDD. The changes come about as a result of four primary factorc: 1. Due to exiting requirements from the 5h floor, we will be required to extend the existing stair tower on the southwest comer of the building up one story. The new stair, together with the related corridor accounts for most of the increase to the residential common area" 2. The owners of the project have a contract with the owner of the restaurant space, and they will convert part of the existing restaurant to a ski room for the nevu owners, and that accounts for the balance of the new residential common area. 3. To accommodate the decision to provide a central mechanical system which is more energy efficient, part of the basement which would have been unusable crawl space has been converted to a mechanical room on the north end of the building. 4. The addition of the parking garage is the biggest change, and to accommodate that we have relocated 5,600 square feet of residential area that used to be in the basement. 1,040 of that was put into a loft level in the basement units, since we have a very high ceiling height. The balance was distributed among the other residential floors, as you can see from the attached diagrams. Much of it was put on the 5n floor, because we had many 2-story spaces on the 4s floor that could be filled in. Thanks for you help. lf you have any questions or need anything else, please do not hesitate to ask. The architectural drawing you have for the DRB submittal are current and might help to clarify thing. Sincerely, Sally Principal Architect RKD Architects. lnc. rvrl{ llauriello Plarning Group October | 6, 2OOG Warren Campbell 75 5. Trontaqe Road Varl, CO El657 R.E: Cascade Regdences, Mrnor Amendment to Speaal Development Dr,tnd No. 4, Cascade Vilaqe Dear Warcen, On Janvary 3, 7OOG, the ',/ai fown Councrl apVroved Ordtnance No. 33, Senes of 2OO5, reVealnq and re-enacLnq Ordtnance No. lZ, Senes of 2OO5, Cascade Vllaqe, amendtnq and reesLablahrnq the apVroved develoVment Vlan for Area A ol 3DD No. 4, to allow lor the congtructron ol eleven new dwel\n4 unts. fhr ordnance allowed for the converaon ol classrooms, related educahonal Iactltttes, and the CaEcade Vllaqe Theater, nto | | dwel|nq unrtE, wrth some commerctal, retal, and ollce 5?aces. The agpltcant, Val Cascade Restdences, LLC, ts requesttnq a mtnor amendment to 3peaal Development Drstrrct No. 4, Cascade Vllaqe, Lo allow for mrnor chanqes made to the aVVroved develoVment plan. These chanqes are as a resvll ol contnunq throuqh the Deaqn R.evrew Doard Vrocess. We have submftted an agVhcatron lor a mrnor amendment, prowded adlacent Vroperty owner enveloVes, and have prowded 7lans. The orrgrnal app\cabon lor the malor amendment lo SDD No. 4 contatned all submfttal requrements for the chanqe rn use, nclvdnq condomrnrum agsoctahon aVVroval, parkrnq mpacts, etc. We have not resvbmftted them at th.s ftme, bvt fi yov wan, we can slbmft co?te5 ol the onqtnal aVV|caIon svbmfttal packaqe. The summary ol Lhe chanqes made srnce the apVroval ol Ordnance No. 33, 3ene9 of 2OO5 are as follows' Modrfrcatrons to the Vorle cochere, redvanq fts lootpnnt and .mounq ft to the eaEt to allow lor the drve lo tvnctron proVerly. o Decreasrnq the lootpnnt of the buldnq on the front (north) and west elevaIons by aVVroxmately 954 sq. It. As onqtnally dezrqned, rmVrovemenls were located beyond the Vroperty lne and nto the nqht-oI-way. Thts butldtnq was Vvlled back to elmtnate the encroachment n thts area. t lncreasrnq the buldrnq lootTnnt on the stde elevailon by aTTroxrmately 29O sq. ft. Thrs allows lor more vanabon rn thrE elevatton. lll. Statement Addressnq Submfttal Requrements A. Descnbe the nature of the prolect to rnclude rnformahon on proposed usee, denstttes, nature of the development proposed, contemp/ated ownershtp patterns, and phasrng p/ans. Thrs mrnor amendmenl does noL ol the development proposed, 7lans, lrom what wa5 approved 2OO5. The only chanqes from hnalanq the deaqn throvqh the alter the uses, densftres, nature ownershrp ?atter5, or phaanq by Ordnance No. 33, Senes ol Lhe aVproval are as a result of Deuqn Revrew Board process. The VroVosed u5e5 have not chanqed lrom the aVVroval ot Ordnance No. 33, but a svmmary ol the uses E as follows: o The street level ol frrgt floor ol the buldnq wll nclvde co(nmon loyer and entrance for Lhe reErdenhal condomtnums, restaurant sVaces, reLatl space, and olltce u5e. o The gecond floor wrll nclude Vorttons ol 5 dwellnq unts. These dwellnq unfts are Lwo-story vnfts and therefore occu?y the thrd lloor as well. o The fourth floor nclvdes 4 dwellnq unts. These vnfts are alio Lwo 5lory vnfts, wtth some lmfted lloor area added as a frfLh level lo lhe buldna. B. A statement outltnng how and where the proposed development dewates from the development standards prescnbed rn the property's underlyng zone dptrpt. The Varl Cascade Restdences ?ro?erty s located wrthrn SDD No. 4, Area A. Whie the property was onqtnally zoned ?UD by Eaqle County, ft was approved as an SDD wtthout an underlytnq zone dvtnct. As a resvlt the 3DD ordnance (n conlvnclon wfth the Town of Val MunoVal Code) s the qudnq docvment. SDD No. 4 was adoVLed by Ordnance No. 5 rn l97G and has been amended a number oI tmes srnce. The modficahons made to the bvtdrnq rematn n comVlance wfth the ?rewous aVVroval, bvt a summary haE been attached. Should you have any qvestrons or not hesftate to contact me alh s o nMP P G @ m av n ello . n et. Stncerelv, A r, -' t(l ,n ilJllu, / ,la//"ttupuSzLxtz- Allrson Ochs, AICF Senor Assoaate Maurrello Tlannnq GrouV, LLC requre addbonal nlormabon, please aL 97O.746.0?20 or vta emal do at Square Footaqe Breakdown lor the Proposed Mnor Amendment Use Common Area RestauranVOffrce Extshnq Condos PnvaLe Sboraqe Dehvery Ar ealLoa dtn q D ock Colorado Mountarn Colleqe fheaters CommeraaVOlfice Space New Resrdentral Unrts ( I l) New Undelned Restdenhal Area Gara4e Enstnq 17 )ac, | 5,490 727 4,OO7 t4 2na to,566 na na na TOTAL G6,768 na na 5,O6t _ 5,c61 za,+ze\41,gb) 3o,e34 2,C17 f ' nu na 6,596 66,997 67]65 2OO5 Aryroval Mrnor Amendment 6,063 t5,490 727 4,OO7 9,463 2,t03 tq aqn 727 4,OO7 na Sots - 3o7 37 l3{ COLORADO MOI.iI\TAIN CONDOMINIUM ASSOCIATION 1000 S. Frontage Road West, Ste.200 Vail, CO 81657 970-476-6602 September 26,2005 Town of Vail Community Development 75 South Frontage Road Vail, CO 81657 Re: Development proposal for CMC Building To Whom It May Concern: I am writing as president of the colorado Mountain condominium Association. The Association Board of Directors is aware of the redevelopment proposal being made by three condominium owners within our building. while the board has not passed judgement on the proposal, we understand that it is being submitted to the Town of Vail for Planning Commission review, Town Council review, and Design Review. The proposal encompasses the following units within our building; Colorado Mountain Cotlege units #5001, 5002, Sl0l, S40l Cascade Village Theatre units #C201, C203 Sirotkin Office unit #C202 Ifyou have any estions, please contact me at 476-3035 Steve Lindstrom President American Land Title Association Commitment - Modified 3/?8 COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLB-GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payrnent of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof . This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. Signed under seal for the Company, but this Commitment shall not be valid or binding until it bears an authorized Countersignature. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. STEWART TIT GUARANTY COMPANY Chairman of Ehe P.O. Box 2000 Vail, Colorado 81658 (970\ 926-0230 LE Countersignature ART TITLE OF VAIL, INC, SCIIEDULE A Order Number: oso3544o l. Effective date: Februarv 07' 2005 at 7:45 A'M' !,2. policy or policies to be issued: Amount of Insurance (a) A.L.T.A. Owner's (Extended) $ --Proposed Insured: 1310 BUFFALO PROPERTIES IJIJC, A COLORADO LfUITED LIABILXTY COMPANY (b) A.L.T.A. Loan ( standard) Proposed Insured: (c) Leasehold Proposed Insured: 3. The esrate or interest in the land described or referred to in this Commitment and covered herein ts fee sirnple 4. Title to the fee sirnple estate or interest in said land is at the effective date hereof vested in: 5. The land referred to in this Conmitment is described as follows: SEE ATTACHED LEGAL DESCRIPTION Purported Address: STATEMENT OF CHARGES 1310 weschaven Drive These charges are due and payable before a vail, Co 81G5T Policy can be issued. PREI{IUM owNERS: $5L15.00 TAX CERT: 80.00 form L10. L 50.00 SCIIEDULE A Order Number: 05036440 LEGAL DESCRIPTION coNDoMINIW UNITS s-00L, s-0O2, S-10L and s-401, COI.,ORADO MOI'NTAIN CONDOMINIUIqS According to the plats recorded .tune 15, 1984 in Book 387 at Page 520 as Reception Nor 283922 and the Condominium Declaration for Colorado Mountain Condorniniums recorded June 15, 1984 in Book 387 at Page 519 as RecePtion No. 28392L - COT'NTY OF EAGI.,E STATE OF COLOB,ADO . TEXS COUMITMENT WAS PREPARED ON FEB 23 2005. FOR QUESTIONS REGARDING THIS CO}II4ITMENT PLEASE CALL r,rNDA WTLLTA.MS, TrrE Trrr,E OFFTCER, AT 9',10/925-0230. FOR QUESTIONS REGARDING THE CIOSING, PI,EASE CAIJL KAITMS YOLNG, THE ESCROW OFFTCER, AT 970/479-60L0 ThiE comnitment is sent to: 1310 BUFFALO PROPERTIES LLC, MICITAEL IIECHT COI,ORADO MOI'NTAIN COLLEGE FOUNDATION MICHAEL DEVINS PETER PAPANGEI,IS SCIMDI.]LE B Section I Order Number: oso3544o The following are the requirements Item (a) payment to or for the account of the grantors or mortgagors of the full consideration interest to be insured. REQUIREMENTS to be complied with: for the estate or Item (b) proper instrumenr(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1, Evidence satisfacEory t,o Stewart Title Guaranty Company of payrrent of aIl outecanding tarcea and. a68ea6menls as cerlified by tshe Eagl€ county Treasur€r. 2. Execution of affidavit a6 !o DebeE and LienE and its raturn !o Stsewart Title Guaranty comPanY. 3. pa)rment of any and all Ilomeowriters asEegsnents and expen6€E aE required in the Declarabion of Cascade Village and Cerlificate frorn Ca6cade village A66ociation verifying that such Payment haa been recelved. 4. palment of any and aLl condominiurn aaseaamelrts and expeneea aa required by the Condominiun Declaratlon of Colorado Mountain Condominiuns and Certificatse from Colorado Mountain Condominiurn Asaociation Inc. verifying that auch pay'ment hag been received. Evidence satisfacuory to Stewart TiEIe Guaranty Company that the reaL estate Eransfer lax agEessed by the Town of vail has been paid or that the tranaactlon ie exempt frorn said tax. parlial ReleaEe of Mortgage, releasing Eubject proPerty, from coLorado Mountain College Foundabion as Grantor and FirEt InterEtate Bank of Denver, N.A. a6 Trustee and colorado Mountain Junior college Dl6trict aa lgsuer, Colorado Mountain ifunior College District Seriee 1985 Certificateg Dlortgage and Indenlure of Trusts in the amount of $5,985,000.00, dated Decenber 1, 1985 recorded February 5, 1985 in Book 435 at Page 938 a8 Reception No. 332192. NoTE: Thig ie the onLy monelary amount ehown. NOTE: Appears !o encufliber additional property' Terminatsion by Manefield, Ltd., a Colorado llmlted partnerehip of the right to reacquire 6ubject property under cert.ain condltions, in lhe Notice of Right execut€d by Firs! Municipal Leasing Corporation and Colorado Mountain ,Junior College DislricE. and Mangfield Ltd., a Colorado limiled partsnership recorded ilune L5, 1984 in Book 387 at Page 528 aE Reception No. 283930. g. Terrnination by Iitansf ie1d, LEd., a Colorado limited partnership of tshe right to reacquire subject property under the condition that eubJect proPerty i8 no longer an "educational and learning facility" in lhe Nobice of Right executed by trirat Irtunicipal Leasing Corporatsion, Colorado Mountain Junior College Digtrict and Manefield, Lbd, recorded June 15, 1984 ln Book 387 at Page 529 ae RecePtio[ No. 283931. f. 6. Continued on nex! page Continuation of Schedule B - Section 1 order Nunber: 0503 644 0 ''v- 9. Satisf acEory evidence of, compliance of Ehe terms of the Notice of Right of First Refugal recorded Jun€ 15, 1984 in Book 387 at Page 530 ae Reception No. ZA3g32 and as rrodif ied by Notice concerning it recorded February 5, 1985 in Book 435 at page 935 a€ Reception No. 332190, wlrerein CaBcade lrodge 'Joint venlure, a Colorado joint venEure waE granted a righE of first refueal to purchaee subject ProPerty. 10. Termination by Colorado ltountain College Foundation, as lessor and Colorado Uountain ,funior CoIIege Digtsrict, as lesgee of the MaEter Leaae Purcha6e Agreement recorded February 5, 1986 in Book 435 at Page 937 aa ReeePtiorr No- 332191. 11. RE: Colorado ldounlain College Foundatsion, a Colorado nonprofit corporaEion! The Company requires for its review a copy of the Article6 of incorporation and bylawe, a satigfaclory Resolution of the Board of Directors autshorizing the propoeed trarr6action. NOTE: Colorado Mountain college Foundation is a corporatsion in good etsanding per Colorado Secr€cary of slate. 12. Artictee of OrganizaEion for 1310 Buffalo Properti€g, LLC, a Colorado Llmited Liabifity Company and SEatement of Authority. 13. Deed from Colorado lrtountain College Foundation, a Coforado nonprofit corporatlon, veating fee aimple !it1e in 1310 Buffalo Propertiea LIJC, a CoLorado lirnited liability company. NOTE ! NOTATION OF THE IJEGAIT ADDRESS OF THE GRANTEE I{UST APPEAR ON TI{E DEED AS PER 1975 AMENDMENT TO STATUTE ON RECORDING OF DEEDS CRS 38-35-109 (2). SCIIEDIJLE B Section 2 Order Number: 05036440 - EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records' 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. ?. Arry and al,I unpaid laxes and aasessmenls and unredeesred tax sales. 8. The effect of inclusions in any geaeral or specific vtaler conservancy, fire probection, soil conservation or other dlstricE or inclusion in any water service or atreet inprovement area. 9. Reserva!:lons or exceptlons contained in U.S. Patents, or in AeEE aulhorizing lhe issuance theleof, recorded, August 15, 1909 in Book 48 aE Page 542 reserving 1) Rights of the proprietor of a vein or lode to extract arrd remove his ore lherefron and 2) rights of way for dit,cheE and canals constructed under tshe autshoritsy of the United States. LO. Declaration CreatLng Covelrantss, CoRdigioBE, ReBtrictions and Eaaelrenla f,or Cascade Vil,Lage recorded ,Jufy 1?, 198X ln Book 325 at Page 255 as RecePtion No. 2226L8 - lL, Agreemen! by and between Holy Cross El.€ctric AEEoclaE,ion, Inc., a CoLorado Corporalion, Cascade Lodge, a Colorado rToint, Venture and Mansfield LiniEed, a Colorado LiniEed Partnerehlp recorded Auguat 26, L982 in Book 344 at Page 811 as RecePt,ion No. 241155. 12, Underground Right of Way granled by Mansfleld L,lniled, a Colorado L,iniled partnership !o lloly CroEE Eleclric AsEociaEion, Inc., by Docu.ments recorded AuguE! 30, 1982 in Book 344 at Page 923 as Reception No' 241259' 13. Underground Rlght of way granted by Mansfield Limited, a Colorado L,Lmlted partnerEhl,p Eo Holy Cross Electric Asgociation, fnc., by document recorded Novenb er L2, 1982 in Book 348 at Page 554 ae Reception No. 245005' rt. Applicafion f,or Revocable Permit, to Erect or Maintain a Stlucture on a Public '\-. Continued on next Page Contiluation of Schedul€ B - Section 2 Order Nr:mber: 0503 544 0 Righr of way recorded ilune 15, 1984 irr Book 387 ats Page 631 as Reception No. 283933. 15. All magters 6ho!,en on the map of, Colorado l,tountain Condominiums recorded ilune X5, 19894 in Book 387 at Page 520 as Reception No. 283922. 16. Condominiun Declaration for Cotorado Mounlain Condomlniusr recorded ilune 15, 1984 1n Book 387 at Page 519 as Receptlon No' 283921. 17. Conveyance of Easement reeorded Noveeber 2, 1984 Ln Book 398 aE Page 929 as Receptsion No. 295120. L8. Declaration of RecLprocal EaEementE recorded ilune 23, 1987 in Book 464 at page 885 as Recepliotr No. 35L1L0. 19, Declaration of Reciprocal EasemenEs recorded June 23, 1987 in Book 454 at Page 884 as Reception No. 351L09. 2O. Easementa betr^reen Colorado Mountain ColLege Condominiu.ul AEsociation and Anclllary Trust, recorded October 2]-, ]-996 Ln Book 709 a! Page 26 as RecePtion No. 505006 and in Book 709 at Page 27 as RecePt'ion No. 505007. 21. Notice of Right of FirEt Refugal by FirEt Municipal Leasing Corporation, Colorado Mountain .funior College District and Cascade Lodge iloint Venture recorded 'June 15, 1984 in Book 387 at Page 530 as RecePtion No. 283932 and\*-' Notice ConcernJ.ng lt recorded February 5, 1986 in Book 435 at Page 935 as Reception No. 332190. 22. }cly and all existing leases and benancies. NOTE: EXCEPTIONS 1 AND 4 ABOVE WIL,L BE DELETED ON THE FINAIJ OWNERS POIJICY, PROVIDED AOTII SEI,I,ER(S) AI.ID PI'RCIIASER ( S) EXECUTE THE HEREIN REQI'IRED AFFIDAVITS Al{D SAID AFFIDAVITS ARE APPROVED AY TgE CO}tPAl,Tt . ExcEPTIoNS 2 }}ID 3 WTLL, BE DEI,ETED ON THE TINAIJ O$INERS POIJICY. EXCEPTION 5 WILL NOT APPEAX, ON THE O$INERS OlttNERS POIJfCY, AND eAP PROTECTION WILIJ BE GR;AtillIED PROVIDED THAT STEWART TITLE OF EAGI.E COI'NTY PERFORMS CIJOSING DI SBI'RSEMENTS A}ID RECORDING OF AI"L DOCI'MENTS. SEE "DISCLOSITRESrr fNCIJIIDED IIEREWITII. DISCLOSURES Pursuant ro C.R.S. 10-11-122, notice is hereby given that: (A) THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER. OR THE COUNTY ASSESSOR. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title enr.iry shall be responsible for all matters which appear of record prior to the time of recording whenever the title entiry conducrs the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title of Vail, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnitying the Company against unfiled mechanic's and materialmen's liens. D. The company must receive payment of the appropriate premium. E. If there has been consrruction, improvements or major repairs undertaken on the property to be purchased, within six months prior to rhe Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examiDation of the aforesaid information by the Company No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. (B) (c) NOTHING HEREIN CONTAINED WILL BE DEEMED TO ANY OF TTIE COVERAGES REFERRED TO TIEREIN FIjLLY SATISFIED. Order No. 05036440 Disclosures (YSDD) Rev. l0/99 OBLIGATE THB, COMPANY TO PROVIDB T]NLESS TIIB ABOVE CONDITIONS ARE CAgCADE VILIAGE VAIL CA9CADE RESIDENCES ADJACENT PROPERTY OWNEVSDD No. 4 L|ST ocrotsER, 2006 AdJa cenL ? r o ? erty Ow n er s CASCADE VILLAGE TiIEATER INC - CMC RTSIDENTIAL SUBA9SOCIATION INC 70 tsox I t52 vAlL, co Et 656 TIIE COLORADO MOUNTAIN CONDOMINIUM AS9oC|AT|ON, tNC. JULIE GRIMM IOOO S RONTAGE ROAD )TE 200 vAlL, co 6te57 CASCADE CLUB A99OCIATION DON MacLachlan I3OO WE9TI-IAVEN DRIVE VAIL, CO 61G57 CASCADT CLUts A9gOCIATION I 1777 SAN VICTNTE BLVD. 9Utrr 900 LO9 ANGTLES, CA 9OO4O L-O VAIL FIOLDING INC CIO DTLOffTT + TOUCflE LLP 6363 N 9TATE nWY r6t 1fr 6C0 lRVlNG, rX 75038-22C2 L-O VAIL HOLDING INC CIO DELOITTT +' TOUCFIE LLP 5550 LBJ TREEWAY 3TE.7OO DALLAS, TX75240 L-O VAIL I.IOLDING C/O DELOITTE + TOUCHE LLF 555 t7Tt 3T STt3GOO DENVER, CO AO2O2 CA9CADE CLUB LTDgO DELOIITE S TOUCIIE LLP 555 t7Tf,3T 9TE 3600 DTNVER, CO 60202 VAIL FARKING LLC 2990 DOOTH CREEK DR. VAIL, CO EIC57 MIRUS LLC C/O WN MANAGTMTNT 70 DOX 7270 AVON, CO EI620 GEORGIA TOX MCINTOSH I963 REVOCABLE TRUST 20t7 W|NDSOR FL rT WORTH, TX 7GI IO MAHONTY, MICHAEL T. + JUL A. 72 IO gFRING CRTEK CIR Nlwor, co 40503 LO PORTO, JO|IN J. - CINTORINO, T|IOMAS r. 2I APPLTTRTE GRTTN NASnUA, Nn O30C2-2234 NANNTN, KEVIN F, 3409 FATRICK 5T 5T CIIARLES, LA 7OGO5 NEPTUNT PARTNERS LTD 252 CLAYTON 4OO DENVER, CO EOZOC IIUFF, GLTN f MARSI1A -JT 5I I VILLA CROSSING SOUTI-I LAKE, TX 76092 MULONE, NICHOLAS F. E SANDRA L. 3O4 STONTYDROOK DR cr-iEswlcK, PA | 5024 POWrRS,5U5AN L. I B62I DELAWARE 5T 9TE. 2O7 HUNTINGTON tsEACil, CA 92646 DROE, PATRICK D. C/O BROE CO 252 CLAYTON 5T 4TH TL DENVTR, CO BOZOC ANI INVESTMENTS LTD C/O DON BAKER 633 W nFTri 91 sTt 4000 LOS ANGELES, CA9C,07 | -2007 LITCNEZ, AARON 5. € ROtsERTA A. 525 9UN5TT LN GLENCOT, L60022-t t4l rERRIS, BROOKE ?o aox 2t6 vArL, co 6t656 TALOUMIS, LOUIS J. f LORI J. -JT 5655 GLADgTONE 9T COLOMDO 5PRJNGS, CO 6O9OG CA55I3 INVTSTMENTS LTD C/O DON BAKER G33W 5TH 5T 5TE 4C00 LOS ANGELES, CA 9007 | -2007 lNSlDE SDD No. 4 IOWN OT VAIL CIO FINANCE DEFT 75 5 FRONTAGE RD vAtL. co 6t657 GLEN LYON OTTICT EUILDING C/O ANDRTW D. NORRIS IOOO 5 TRONTAGE RD W 9TE 2OO vArL, co 6t 657 WESTflAVTN RTALTY LLC I I27 LAKE AVT GREENWICH, CT 0683I HAGOPIAN + FENNINGTON,LLC-NORRIS,A.D. III C/O BRTNTWOOD A59OC + T.M. PENNINGTON I I I 50 SANTA MONICA BLVD I2OO LO9 ANGELTS, CA 9OO25 MILL RACE CONDOMINIUM AgSOCIATION JULIE GRIMM IOOO 5 FRONIAGT ROAD, WTST #2OO vArL, co al G57 MILL RACE CONDOMINIUM A99OCIATION I4TGWTSTNAVEN DR. UNIT I,)UffT2OO vArL, co 61657 CA9CADTS ON GOR CRTEK OWNERS A55OC INC I4TGWTSTIAVEN DR vAlL, co 6t657 KOENIG, I-IOWARD F. 7 DR.TAffiRS AISLE DANA FOINT, CA92G29 YELLOW tsIRD LTD C/O CASCADT VILLAGE I476WT9TflAVEN DRIVE VAIL, CO BI657 PETERSON, JTRRY W. TI.IREE LYNN RD CHERRY I1ILLS VILLAGE- CO EO ) I3 CASCADTS ON GORE CREEK OWNERS A55OC INC I4TGWESTNAVEN DR. VAIL, CO 61G57 KAISTR, FETER + ANATU M. IO EDWARDS POINT RD RUMSON, NJ O77GO TERRY, TERRANCT T. + GAIL LOWENTHAL I39O WTSTFiAVEN DR 6 vAlL, co Ete57 CGC VAIL LLC 4 to I BTRCH 5T SrE tOO NEWPORT BEACI-I, CA 92GGO L-O WESTI-IAVEN INC C/O DELOITTE + TOUCNE LLF 555 t7 TH 5T 3Tr.36C,0 DrNVrR, CO 60202 tsLUME TAMILY PTNSI-1P % TRED P. BLUME 70 box 504 CIIEYENNE, W 62003 DEWS, JULIANNA PO tsOX 362 VAIL, CO 8IGsB B1LTZ, JAMT9 A. + ANNE HOUGH -JT 447 ?E-AVEY RD WAYZATA, MN 5539I MCCULLON, HUGH 375 SAINT FAUL 9T DENVER, CA EOZOG FREEMAN, MICFIAEL J. 6.ts tsLUT 9TA LN KING9 POINT, NY I IO24 SKI CASCADT LLC C/O FTTER AND GRETCHEN BROWN 3696 LAKE MENDOTA DR MAD|SON, Wt 53705 HASSMAN, ALAN R. E GLORIA J. -JT 6 CRETKSIDE LN CAMF HILL, PA ITOI I NA CO - MCMILIAN, NANCY O. - OATEY, WILLIAM R. 4700 w r60TH 5T CLEVTLAND, ON 44135 5MITH, DEDRA 56I4 3 LANSING WAY ENGLTWOOD, CO BO I I I IIOWELL, JOHN N. & MARY L, .JT I IO I PENN9YLVANIA AVE NW #4OO WA9I-IINGTON, DC 2OOO4 STEVENSON, RAY ONE NE LAGOON I9LAND CT STAWALLS POINT, TL 34996 DROOKS, SCOTT K. - KLAESs, MATT 3. .JT t5t5wAZEt5TE300 DTNVTR, CO BO2O2 VAIL LLC FO BOX 1556 CLEARWATER, FL 33757 VAIL LLC IOOO TLDORADO AVE CLEARWATTR, TL 337G7 KCV L.L.C. - RAINER, WILLIAM E JULIE FO tsOX 550 oLATflr, K9 6605 | MORGAN, MITCI-IELL, ET AL C/O VAIL CA9CADT CONDOMINIUMS INC I476WT3TflAVTN DR VAIL, CO 81657 5I FARTNER9 LTD 252 CLAYTON 3T 4TN TL DTNVER, CO AOZOG MDSB LP 5752 3 JASMINE ENGLEWOOD, CO 60 I I I LAZ R, ROBTRT BUDDY 366 HANSON'RD VAIL, CO BI G57 TLLENORE JOINT VENTURE C/O PFIILIPP A KORT 2IO N CI1AMBORD DR ATLANTA, GA30327 NASR, MOE 79 | O 3AM |-|OUSTON PK\lnl W l-lou5ToN, Tx 77064 COHTN, RICflARD W. 295O R.IVERMEADT DR ATLANTA, GA30327 WILKINS, T.D. 2655 BRIARWOOD DR BOULDER, CO 60303 MOREIM, DOMINGO R. 723t 5W 63RDAVE MrAMl, fL33t43 GLEN LYON A55OC LLC C/O MADELYNN I1AUSMAN ATTORNEY 77 W WASHTNGTON 9T 3Tr | | r9 cl-ilcAco, tL 6060? ALEXANDM P. LINN TRUSTTT ALEXANDM P. LINN RTVOCABLT TRU9T I35O GREENHILL CT vAlL, co 6t G57 KARLIN, MITCHELL J. ?O DOX B4BB NORTHTIELD,IL 60093 WOLF, MARY PO BOX 354 WINNETKA. IL GOO93 I-IORN, JETTRTY M. + gALLY HELMS -JT I6 AVON RD BRONXVILLE, NY I0706 PURCHASE, JOI.1N LAYTON 4 LARA JUNE IT 754 ?OTATO PATCH DR. VAIL, CO 81657 GTR.gTENDERGER, ALLEN + JANET 5255 BOW MAR DR LITTLETON, CO EO I 23 LOFIRE, JOI-IN O. + MARY D. 333 LOGAN 3T 3Tr.203 DENVER, CO 8O2O3 HARLAN DTVELOPMENT COMPANY LLC C/O HAL P FIARLAN PRE9IDTNT PO BOX 29t76 INDIANAFOLIS,IN 4C229 CUNNINGHAM, tsARRY E. 27I ANEMONE DR BOULDER, CO BO3O2 HOVTY, NANCY M. I WOODHOLM LN MANCIIESTER, MA O I944- I O57 | 439425 ONTARTO rNC I7 CNESTNUT FARK RD TORONTO ONTARIO M4WIW4 CANADA, null null MARJORIE I1. ODEEN RTVOCABLE INTER VIVO9 TRU9T I435 NARVTgT CROSSING DR MCLEAN, VA22IOI MORLEY, RTBTCCA D. + ANDRTW W. -JT I33O 9ONGtsIRD CT BOULDER, CO BO3O3 HINZ, PAMTLA SHTILA I460 A GR TNHILL CT VAIL, CO 61G57 KIRKPATRICK, DOUGLAS H. + JOAN M. -JT 4E NYDE. PARK CIR DENVTR, CO EO2O9 FHILIP I-J. CORDOY JR. TRUST 33 N DEARtsORN cfltcAco, tL Go602 DULUDT, RICIIARD 4 JEAN F O BOX 537 I 06 LAKE AVE GTORGES MILLg, NH 0375I I359 GRETNHILL COURT LLC IO I 9 CLERMONT DENVER, CO 60246 MEISTTR, RICFIAR.D W. & JULIE L. 39 LOCKWOOD AVE OLD GRTTNMCil, CT A6B7A GURRENTZ, TIEDY + KENNETH G. 5360I DOSTON 9T GRTENWOOD VILLAGE, CO EO I I I t334077 ONTARIO tNC 253I STANF LD RD MISSIGAUGA ONTARIO L4Yl34 CANADA, null null tsLIVAS, JULIE I46 5 WTSTGATE AVE LO9 ANGELES, CA 9OO49 9U9AN RUtsTN9TEIN QUALIFIED PERSONAL RESIDTNCT TRU9T 2129 N, CLEVELAND CNICAGO, IL GOGI4 DUNNING, FTTTR ts. + LUCY I46 I GREENIIILL CT VAIL, CO 61G57 ORTEGON, ANTilONY S VERA 2 ROCKBRIDGE LN FUEtsLO, CO 6IOOI SCTIUDERT, FRED V. + MARJA A. TRUST 6 MAGGIE LN DOWNINGTOWN, FA I 9335-3206 MOONEY, tsAREARA C. I455 GREENNILL CT W I 12 vAlL, co 8t657 NAGLT, TIM W. & KAREN M. .JT t3307 TOSCA HOUSTON, rX77079 KEMP, JACK T. + JOANNE M. -JT I90I FENN9YLVANIA AVE NW STE 3OO wASl-ilNGTON, DC 20006-5605 KEMP, JACK T. + JOANNE M. -JT I 775 FTNNSYLVANIA AVT NW I ITH FLOOR WASH|NGTON, DC 20006-5E45 ORLINSKY, DAVID I03 W. 69TH 9TRTET NEWYORK, NY IOO24 LANDTRS, JOI.IN E DEtsRA .JT 2530 OUTLOOK TRL BROOMTIELD, CO BOO2O OLIVTR, C, HAR.DY, JR + ANN D. JT 4OE COVE- VIEW POINT coLUMBrA, 9C 292t 2-6402 SPICTR, WILLIAM J. - GLEN LYON DEV I7IO PLAITE. ST DTNVER, CO EO2O2 BERTOLT, PflILLIP 7OI GFI.19MTRT AVE INTERLAKEN, NJ O77 I2 ARENT, 9TTPHEN W. - 9PICER, WILLIAM J. IT IO PLATTE 5T DENVER, CO EO2O2 GUNSLINGER VAIL I LLC 1530 r6TH 9T DENVER, CO EO2O2 JAgPTR9EN FLF I LTD 4BO7 CROOKED LN DALLAS, TX 75229 GUN9LINGTR VAIL 2 LLC r530 r6Tf1 5T DENVTR, CO BO2O2 I245 WT3T1,AVEN LLC C/O CURTIN 55 TMILY ROAD rAR n|LLS, NJ 0793 | RUTING, WAYNE M. ?otsox t49 DENVER, CO 60201-Ot 49 WHITE ROCK PROPERTIES LLC ATTN: TOM RY9TROM ?a oax 3546 LITTLT ROCK, AR722O3 9TONE, HOWARD L. + CATI1ERINT A. 6I5 PALA9ADTS AVE SANTA MONICA, CA ?O4O2 BLUE OX LLC I7 CAMPBELL RD WAYLAND, MAOI776 LIPNICK, JAN B. 623E 29Tt15T NW WASHINGTON, DC 2OO I 5 VALENTINE, RO9SLYN M. PO BOX 9 rO VAIL, CO BIGsB BEARD, STANLTY 5. + tsONNIE K. 2I2I N FRONTAGE RD 2IO vAtL, co 6t657 NALSTTN, E. + L. . I-l4lsilil, C. + D. - NALSETH, D. CUST. - KNOX, C.A. CU1T. I t76 W K5T BENTCIA, CA 945 | O-24 | 5 BRAMANTT, M.A. + ELTANOR | 265 'V/I-'ST1IAVEN CIR vAlL, co Et657 MCMAI"iON TRUgT 792 3AN LORENZO 5T 9ANTA MONICA, CA 9O4O2 PEDIGO. JAME9 f RUTI-I ANN 20 I9 ALAQUA LAKEg tsLVD LONGWOOD, TL 32779 LE95AN5, MARC ts. ?o Box 450 NEWMARKTT,MD ?1774 JONN L, ALFOND 2OO4 TRU9T C/O GREGORY W. POWTLL TR.U9TEE TWO MOUNUMENT 9QUARE PORTLAND, ME 04IO I gIROTKIN, NEIL + GABRIELA J. 2I2I N TRONTAGE RD W I97 vAlL, co 6t 657 MILLTR, GARY T. E V. EILEEN I4I5 WESTflAVEN DR VAIL, CO 81657 -JT .JT O NTIL PATRICIA I365 WEgTI.IAVEN DRIVE VAIL, CO EIG57 COLDSTREAM CONDOMINIUM ASSOClATrON JULIE GRIMM IOOO 5. FRONTAGE ROAD W, #2OO JUtCe ZUU VAIL, CO 61G57 COLDSTREAM CONDOMINIUM ASSOCrATrON I476 WESTNAVTN DR. UNIT # I vArL, co Btc57 TLOWER, MICHAEL G. +. ELIZABEIII MMSEY CIO MDM SERVICES CORPOMTION 26?02 CAtsOT RD sTE- 2O5 LAGUNA NIGUTL, CA 92677 WALTON GROWTH TUND LP 3252 ROANOKE KANSAs CITY, MO 64I I I MCMAIIAN, JOI-IN T. S LYNN -JT 67C N 5T CLAIR 3TE. I575 cnrcAco, lL 606 | | LIFTSIDE CON DOMIN I UM ASgOCIATION VAIL CASCADE CONDOMINIUMS I476WE3TflAVTN DRIVE vArL, co 4t657 L TSIDT CON DOMINI UM ASgOCIATION I ?34 WESTI1AVEN DRJVT VAIL, CO 61G57 OUTSIPE SDD NO. 4 TOWN OF VAIL C/O TINANCE DEPT 75 9 FRONTAGE RD vAlL, co 8t657 UNITED STATES OT AMTRICA FO BOX 25t27 LAKEWOOD, CO 80225 EAGLE RJVER WATER + SANITATION DIST 646 TOREST RD VAIL, CO 81 657 VAIL CORP FO BOX 7 VAIL, CO BI GsA N+KMANAGTMENTLLC 953 3 TRONTAGT RD W 23O VAIL, CO BIG57 G. LOVEN LLC 934 3 FR.ONTAGE RD VAIL, CO OIG57 L-O WESTI-IAVTN INC CIO DTLOITTT + TOUCIjE LLP 555 t7rn 3T 1rE 3GOO DTNVER, CO EO2O2 TI-IE EAGLE POINTE CONDOMINIUM AS90CrATtON DANN FETER I5 HIGHLAND9 LN AVON, CO EI620 rHE EAGLE POINTT CONDOMINIUM ASSOCIATION PO tsOX 54EO AVON, CO 6IG?O VAIL FARK AS9OCIATION LTD. NIH TARROW I 47 2 MATTERI-IORN CIRCLE VAIL, CO 61C57 Invoice Request Form Route to Shav Date: October 26,2006 From: Lynne Campbell Bill to: . Mauriello Planning Group Address: PO Box 1127 City, State, and zip: Avon, CO 81620 Phone number: 970-748-0920 Please describe what we are billing. Include dates, Town equipment, and personnel involved. Copies of any backup documents you have would be helpful in the collection of this debt. Additional postage for Cascade Residences PEC adjacents $33.60 Total amount to invoice; $33.60 Account number to be credited: 001-0000-3f9-44-00 GFP012 f N[qa G{ ad6a.n^*q (*Ccc$. n<-ci !"".,<er ===h!!.r.=hKL{_==e===&rr_*:k VAIL PosT 0FFICE //Ii"ua- VAIL, Colorado 81 657999S 10 / 26 / 2006 iJiSifiSlf;ii'fo, u,, uo on ====i:::::====::============:_========== =: Saies ReceiprHroouct Sale Unituescnptlon Oty price Final Price 24c Buckeye PSA Ctll00 24c Common Buckeye PSA l'1otorcyc les PSA Tota I : 1 $24.00 40 $0,24 I $0.39 02,34 ===:====== $35 .94 -a."0 $24,00 hyt\'It $9,60 \ Paid by: l'laster0ardl;i:l,ll- I|)i5g"x*,,$!3;'o transaction il: R1A 23903031060 9f9?r.rllpl. at usps,com/shop orcrtl 1-800-Stamp24. eo io iiil;?ll'?JJlfi'flf,',;.lil!1,., i:iil;ff:[$Fjion cal !;l[;;goo+ooorotz $]] ::].: finat on stanps and Fostase,nerunl: Jgr suaranteecj suruices-oniyl'Indnk you for yoLrr busjness, ,' Customer Copy ,-ffi Planning and Environmental Commission 4.saL W/arF- I ACTION FORM Deparbnent of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel| 970.479.2139 faxi 970.479.2452 web: www.ci.vail.co.us Project Name: CASCADE VIL|AGE MAJ AMEND PEC Number: PEC050082 Project Description: FINAL APPROVAL FOR A MA]OR AMANEMENTTO CASCADE VILI.AGE SPECIAL DEVELOPMENT DISTRTCT (SDD #4) Participants: owNER SIROTKIN, NErL rOlrTl2OOS 2121 N FRONTAGE RD W 197 VAIL co 81657 APPLICANT MAURIELLO PI-ANNING GROUP, LLLOI t7 | 2005 Phone: 970-748-0920 PO BOX 1127 AVON co 81620 License: C000001697 Project Address: 1310 WESTHAVEN DR VAIL Location: 1310 WESTHAVEN DR., UNIT C202 Legal Description: Lot: Block Subdivision: Cascade Village Parcel Number: 2103-121-14004 Comments: BOARD/STAFF ACTION Motion By: Kjesbo Action: APPUED Second By: Jewitt Vote: 7-0-0 DateofApproval: lllI4l2OO5 Conditions: Cond: 8 (P|-AN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Planner: Matt Gennett PEC Fee Paid: $6,000.00 ,r-ffi Description of the Requestl Maior Amendment to Cas@de Village 'rccial Development Distrid (sDD #4) Location of the Proposal: Lot:_Block:_ Subdivision: Cascade Villaoe Physical Address: 1310 Westhaven Drive Parcef No.:210312114005 ( Eagle Co. Assessorat9T0-328-8640 for parcel no.) Zoning: SDD #4 Name(s) of Owner(s): Cascade Village Theatre, Inc. Name of Applicant: Cascade Village Theatres. Inc,, reoresented by Mauriello Plannino Group, LLC Mailing Mdress: PO Box 1127. Avon. CO 81640 Phone: 748-0920 Application for Review by the Planning and Environmental Commission Deparbnent of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2L39 faxi 970.479.2452 web: www,ci.vail.co.us General Information: All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a building p€rmit application. Please refer to the submittal requirements for the padicular approval that is requested. An application for Planning and Environmental Commission review cannot be accepted until all required information is received by the Community Development Department. The project may also need to be reviewed by the Town Council andlor the Design Review Board. Type ofApplication and Fee: Rezoning $1300 Major Subdivision $1500 Minor Subdivision $650 Exemption Plat $650 Minor Amendment to an SDD $1000 New Special Development District $5000 Major Amendment to an SDD $6000 Major Amendment to an SDD $1250 (rc exte rio r mdifi ca tion s) { tl'l no vS o oot tJ lLt' $6s0 $400 $6s0 $800 $1s00 bzfu $1300 $s00 $200 D Conditional Use Permittr FloodDlainModification! Minor Exterior Alterationtr Major Exterior AlteraUon! Development PlanE Amendment to a Development Plan! Zoning Code AmendmentE Variancetr Sign Variance tr ! tr tr tr ! C.-c*/. U,'h.e E-maif Addre6s:mauriello@comca$ Faxt 748-0377 rf. ,r-ffi I Rezoning $1300E Major Subdivision $1500D Minor Subdivision $650E Exemption Plat $650D Minor Amendment to an SDD $1000tr New Special Development District $6000D Major Amendment to an SDD $5000D Major Amendment to an SDD $1250 (no eften or md i f ia tion s) Application for Review by the Planning and Envinonmental Commission Deparhent of Crmmunity Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 faxi 970,479.2452 web: www,ci,vail.co.us General Information: All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a building permit application, Please refer to the submittal requirements for the particular approval that is requested. An application for Planning and Environmental Commission review cannot b€ accepted until all required information is received by the Community Development Department. The project may also need to be reviewed by the Town Council and/or the Design Review Board. Type of Application and Fee: tr Conditional Use Permittr Floodplain Modificirtionfl Minor Exterior Alteration! Major Exterior AlterationE DeveloDment Plantr Amendment to a DeveloDment Plantr Zoning Code AmendmentD Variancetr Sign Variance $6s0 $400 $6s0 $800 $1s00 $2s0 $1300 $s00 $200 DescripUon of the Request. Maior Amendment to Cascade Villaae Special Development District (SDD Locafion of the Proposal: Lot:-Blocki-- Subdivision: Cascade Villaoe Physical Address: 1310 Westhaven Drive - Unit C202 Parcel No.:4Q!!12L!100l_ ( Eagle Co. Assessor at 970-328-8640 for parcel no.) Zoning: SDD #4 Name(s) of Owner(s):Neil Sirotkin Mailing Address: Phone: Owner(s) Signature(s): Name of Applicant: Mailing Address: PO Box 1127. Avon. CO 81640 Phone: 748-0920 E-maifAddresstrnagiellqQearncast&L__Fax: 748-0377 For Office Use Only: Fee Paid: Check No.:_ By:Date:_ PEC No.: Planner:Project No.: 10/03/05 R€zoning $1300 Major Subdiv'rsion $1500 Minor SubdMsion $5s0 Exemptlon Plat $650 MinorAmendnrent to an SDD $1000 New Sperlal Development Dlst'fct $6000X Major Amendment to an SDD $6om- Major Amendment to an SDD $f250 (no exteior modnadons) AU0 30.2003 5:41Pill N4ail C&lC CENIRAL STRVICES t\10. 1BB2 P. 1/1 Application for Review bY the Planning and Environm€ntal Commission Departnent of community Development 75 South Frontage RDad, Vail/ Colo|"dD E1657 tel: 970,479.2139 fd(: 970.479.2452 yvebl www.cl.vail.co, u5 General Informaton! A[ Dnrlects ref,u,I|n4 Flanning 6/ld Environmenbl Commision feview must lecelve apprpval pHor to submitinE a l*1funi pennit'itplicatton. Flease erer m tfe submittal ruquirEmens for tfie PEfti lsr sppro/al that is requested. ,qn ippjication foi'planning and Environmental Commission revlew Ennot be accepted untll all required lnformation is rei#eA by the commriro,ty DevelopnPrt Departrnern The poject may also need to be rcvlewed by ttre Town councrl and/or the Deshn Revierff Board. Type of Application and Feer Condidonal Use ttrmit Floodplan Modtfi@tiofl Minor ErtefiQr Ateration Malor Elfierior Alteration Development Eafl Amendmeot to a DE{eloPment Plan Zoning Code Amendment Varianc€ Slqn Variance $6s0 $400 $650 $8oo $1s00 $250 $13(XI $500 $200 Descripgon of the RequeeF ,Ir14igr Anendmedt to hffitu Wllaae Spffibl &IEIaPBENEEWISPQ Loetion of the Proposall Loil-BlocKi-- subdlvlsioniJEEcadq Ullage Physi(El Address: 1310 westheven DHve Parel No.: 21O312114O15-18 ( Eagle Co- Assessor at 970'328-8640 for frarcel no.) Zoning:sDD #4 - -Name(s) of Owner(s): Colorado Mountah-Opllqoe . . . MailinE Address: (twner(s) Signaturc(s): Name of Applicent: -1310 Buflblo Propdtles LLc. reD + MaitingMdrcss: Po Boxll27. Awn. CO 81640 . Phone: 74&t)920 E-maif Address: maurielfo@qomca4,lnet Fart % Chtck ltlo.r 0Etz4/05 THIS ITEM MAYAFFECTYOUR PROPERW PUBLIC NOTICE NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on November 14, 2005, at 2:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a flnal recommendation to the Vail Town Council of a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to rezone Lot 2, Block 3, Vail Lionshead 2nd Filing, Evergreen Lodge at Vail, from High Density Multiple Family (HDMF) zone district to Lionshead Mixed Use 1 (LMUI) zone district, located at 250 South Frontage Road West/Lot 2, Block 3, Vail Lionshead 2no Filing, and setting forth details in regard thereto. Applicant Evergreen Lodge at Vail, Ltd., H.B. Development Co., represented by Thomas J. BrinkPlanner: George Ruther A request for a final review of a major exterior alteration, pursuant to Section 12-7A-12, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the construction of the Timberline Lodge, located at 1 783 North Frontage Road/Lots 9-12, Buffehr Creek Subdivision, and setting forth details in regard thereto. Applicant Timberline Roost Lodge, LLC, represented by Mauriello Planning Group, LLC Planner: , George Ruther A request for final review of a text amendment to Section 12-7A-3, Conditional Uses, pursuant to Section 12-3-7, Amendment, Vail Town Code, to add "accommodation units with kitchen facilitie{ as a new conditional use in the Public Accommodation zone district, and setting forth details in regard thereto. Applicant Timberline Roost Lodge, LLC, represented by Mauriello Planning Group, LLCPlanner: George Ruther A reques! for a tinal review of an amendment to an Approved Development Plan, to allow for inodifications to the existing platted building envelope (Lot 1), site access (Lot 1), an increase in Gross Residential Floor Area (Lots 1-6); and a request for a final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat ReMew Procedures, Vail Town Code, to amend the allowable Gross Residential Floor Area, within the EleniZniemer Subdivision located at 1701A-F Buffehr Creek Road/Lots 1-6, Eleni Zniemer Subdivision, and setting forth details in regard thereto. Applicant: Buffehr Creek Partners, represented by Fritzlen Pierce Architects Planner: Wanen Campbell : A request for a final recommendation to the Vail Town Council of a major amendment to ' vP -Special Development District No. 4, Cascade Village, pursuant to Section 12-gA-10, ,^{"1o0 Amendment Procedures, Vail Town Code, to allow for additional dwelling units and office I' ',0\F\ f uses in SDD No. 4, located at 1310 Westhaven Drive/Cascade Village, ind setting forth r- r v details in regard thereto. Applicant Cascade Village Theatres, Inc., represented by Mauriello Planning Group, LLCPlanner: Matt Gennett A request for a final review of a conditional use permit, pursuant to Section 12-7H-4, Permitted and Conditional Uses, Second Floor and Above, Vail Town Code, to allow for the operation of a catering kitchen, located at 710 Lionshead Circle, Units A and B (Vail Spa/Lot 1, Block 2, Vail Lionshead Filing 3, and setting forth details in regard thereto.Applicant Kyle and Lorraine WebbPlanner: Matt Gennett The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing lmpaired, for information. Published October 28, 2005, in the Vail Daily. a: .-: '.' =:-,.. :,i-47, z2 i-iiE ' *: 61 i1 ru! i 631 i:5^.. 3 \;I0 N'r ;p A}rhd RT>at> sl- s?\> dn ol i}- !i ii, jj L(\ $. .L (\.'L !lt: -.E tiii "-i!t tt is t $ { \' t0 E-'lFc; itiia 2 ;:',. I €7!?: -;.:i :;"-t l9': ia.-..:'3 2':i i| !, \ ii ;I I RF;RY'li i ir t!!p 5 !^r Pb{l i! rt .to dt i$i ri ir lir ii Di n .9 il'i \ s" dIG^ - .i !,n ti B;* riiq fiqi iE6 r 8* ioSirti il, PPto.uQ h lili$ iIils Hf;Ii: P:Rz; ilqe{ g$:3 :ci; 3.F 6. { 6 I !.J -t fn D '-!' I E FI E R T* FII E F C ts I E 2t F v E F sI z I ! n st r! B2 I t, 9t1t:E ol !s79IF9g3l2A: e 't \1;t h=ii oo\i !I\ ttio .:}: 3ll 5 irlt f aia r9^ : I st::! Fg ES ii.:r:i ! r:i" !- ! '-; -. {. ". il ?iSE:rg:; ?." ::E !€i:r- ! t: i;Frl) .'5!8 F;bJ".:b: ::E! EA-* 14F3 ;iiiieii! iiE t". a:fF: t' . f ri t; e :l:ii;ls!lr lr z i: !$c i | ?i[ i !a -!! E '! !! 46 r" i"ls;:l : _** ii rit Ilk il irFr:.ei i p;ie :!-' 3 i F tH5 :;3 i' Lbi' al J:gail i-tirF tlt :-ill! pf PT B ."$ iih tt Rli 9:luauqce$v RedeveloVment of Varl Cascade ReEtdences Application for Maior Amendment to Special Development District Number Four Itvrl{d l$*$rl*fls Flanning Sroup Owner and Consultant Directory Owner/Applicant: Cascade Village Theater, Inc. C/o Steve Lindstrom PO Box 1152 Vail, CO 81658 970-476-3035 1310 Buffalo Propenies, LLC C/o Michael Hecht PO Box 331 Boulder, CO 80306 970-476-7781 Planning: Dominic F. Mauriello, AICP Mauriello Planning Group, LLC PO Box Lt27 Avon, CO 81620 970-748-092Q Architect: Jack Snow RKD, Inc. PO Box 5055 Edwards, CO 81620 970-926-2622 Table of Contents Chapter Page I. Introduction [. Existing Conditions ru. Detailed Project Description and Zoning Analysis IV. Special Development District - Standards and Criteria V. Comprehensive Plan Goals and Direction t z 10 13 I. Introduction and Summary of Request This application represents a request to redevelop the Vail Cascade Residences located at 1310 'Westhaven Drive in Vail, Colorado. Today that propeny houses classrooms and related educational facilities as well as the Cascade Village Theater. Although a restaurant and eight, two-story residential condominium units are also located within the building, those uses and units will remain and are not being redeveloped as part of this application. The primary impetus to redevelop the educational and theater components of this building was the recent move by Colorado Mountain College to its new campus in Edwards, Colorado as well as the limited economic viability of the theaters in their present location. In contemplating redevelopment of the Vail Cascade Residences care has been tahen to consider the requirements of Special Development District No. 4, Area A ("SDD" or "SDD No. 4") in which the propeny is located as well as the Town of Vail Comprehensive Plan. This submittal addresses each of the criteria identified for development within SDD No. 4. Specifically, the applicant is seeking a major amendment pursuant to Section 12-9A-10B of the Town of Vail Municipal Code due to a proposed change in the number of dwelling units within the overall SDD. The applicant desires an amendment to SDD No. 4 so it may develop eleven (11) residential units as well as commercial, office, retail and school space on the ground floor and throughout the building. The proposal includes renovations which include a new roof which will be modified to the existing highest point of the founh floor sky lights (i.e., all improvements are below the existing maximum elevation of the building). Such a modification will accommodate a fifth floor loft area within the building. Other renovations include several new windows and a new fagade all of which will remain within the existing footprint and represent reductions in total building mass by removing existing portions of the building. All of the proposed exterior changes to the building will enhance the buildings aesthetics and form and will help the building relate better to other buildings in the vicinity. Additionally, the existing pedesrian bridge across Vesthaven Drive will be removed and replaced with a new bridge that allows taller trucks to travel beneath it. The proposed development is harmonious with the general character of the Town and the goals of SDD No. 4. The proposed density is low and the new uses will be an asset to the Town. The current development standards within SDD #4 allow all of the density and GRFA being allocated to this structure. Vail Cascade Residences Redevelopment Mauriello Planning Group, LLC II. Existing Conditions A. Zone District The Vail Cascade Residences property is located within SDD No. 4, Area A. \7hile the propeny was originally zoned PUD by Eagle County it was approved as an SDD without an underlying zone district. As a result the SDD ordinance (in conjunction with the Town of Vail Municipal Code) is the guiding document. SDD No. 4 was adopted by Ordinance No. 5 in 1976 and has been amended a number of times with the most recent amendment occurring through Ordinance No. 12 in 2005, The most recent Ordinance is clear that SDD No. 4 was established to "ensure comprehensive development and use of an area in a manner that will be harmonious with the general character ofthe Town, provide adequate open space and recreational amenities, and promote the objectives of the Vail Comprehensive Plan." The proposed project maintains the goals identified for SDD No. 4 while employing creativity and bringing vitality to this area of the Town. B. Existing Developrnent and Uses The current building was originally constructed in 1983 as a mixed use commercial and residential development. The following is breakdown of the current uses on-site: o Common Area Delivery Area Private Storage Colorado Mountain College Theaters . Restaurant/ Office . 8 dwelling units (will not be modified) 17,245 sqtare teet 4,002 square feet 727 sqtare feet 15,204 square feet 10,568 square feet 3,547 square feet 15,490 square feet Vail Cascade Residences Redevelopment Mauriello Planning Group, LLC ilI. Detailed Proiect Description andZoningAnalysis A.Project Sile and Oatnersbi.p SDD No. 4 is 97 .955 acres in area and development Area A within SDD No. 4 is comprised of 17.955 acres. The Vail Cascade Residences are located at 1310 Vesthaven Drive within Area A. The building is located on 0.716 acres. To the north and across \Testhaven Drive are the'S?esthaven Residences (the existing "ruins" site) and the Cascade Club athletic club and spa facility. To the east and south of the propeny are a court yard and the Cascade Club Hotel. The Millrace Condominiums are located to the west. The theater, certain common areas, and the Colorado Mountain College space are the subject of this redevelopment application. The existing spaces at issue are owned by 1310 Buffalo Propenies, LLC and Cascade Village Theater, Inc. with Michael Hecht and Steve Lindstrom being the respective principals of each entity. Neil Sirotkin owns a small office space within the building which is also included in this application. The remaining condominium units and restaurant within the building are not part of this application and are individually owned. The condominium association has consented to the filing of this application. B. Proposed Uses The redevelopment plan proposes to locate eleven (11) residential condominium units in the building as well as commercial uses including office, retail and educational facilities on the first floor of the building. The basement level of the building which has an exterior wall on the west side of the building will be developed with two (2) residential units and common areas. The street level of first floor of the building will include common foyer and entrance for the residential condominiums, restaurant spaces, retail space, and office use. The final composition of uses on the first floor has not been finalized. The allowable uses are being modified to allow office use on this level of the building. The second floor will include portions of five (5) dwelling units. These dwelling units are two story units and therefore occupy the third floor as well. The fourth floor includes four (4) dwelling units. These units are also two story units with some limited floor area added as a fifth level to the building. SDD No. 4, AreaA allows as permitted uses for the first floor or street level the uses listed in Section L2-78-3 (Commercial Core 1) of the Town of Vail Municipal Code. Those uses include but are not limited to retail shops, eating and drinking establishments and lodges. SDD No. 4 funher provides rhat in development Area A all Vail Cascade Residences Redevelopment Mauriello Planning Group, LLC other floor levels besides the first floor street level "may include, retail, theater, restaurant, and office except that no professional or business office shall be located on street level or first floor unless it is clearly accessory to a lodge or educational institution except for an office space having a maximum square footage of 925 square feet located on the first floor on the nonhwest corner of the Plaza Conference Center Building." Finally, SDD No. 4, Area A contemplates other permitted uses which include lodge and multi-family dwellings. All of the uses proposed by the applicant for the street level of the property are permitted uses with the exception of professional/ office or educational space. The applicant respectfully requests that the Town of Vail allow these uses on the street level of the propeny for a number of reasons. First, the applicant will use its best efforts to locate any retail or restaurant space to the front of the building to allow fo an attractive streetscaPe. Second, the Cascade Village was originally contemplated as a third portal to the ski mountain. The goal was to create a smaller, third commercial center after Vail and Lionshead. As time has passed, it has become clear that the original vision for Cascade Village has been only panially realized. \7hile the ski lift, hotel and athletic club support cenain retail and commercial uses, the building is well suited for office and professional space. The obvious lack of foot traffic in the area has limited the viability of retail and restaurant uses in the area. Indeed, the current use ofthe street level for this propeny is administrative offices, classrooms and meeting space associated with an educational facility, and circulation ramps for the theaters. To allow this continued use as well as professional and office space will maintain the historic character of the property and address a community need with minimal impact. C. Buildi.ng Design The applicants are proposing to provide an adaptive reuse of this building to accommodate commercial and residential uses. The proposed changes to the building will essentially utilize the edsting building mass to sculpture a new building form. This means that overall building mass will be removed from the building to create additional areas of glazing and interest to the building. From the pedestrian perspective the building will have less impact on the common areas and Westhaven Drive. The nofth, south and east fagades of the building will be completely redeveloped. Since the west fagade of the building contains private condominiums, that ponion of the building is not being redeveloped with this application; instead this J , I application is proposing improvements and enhancements which were developed using ( ff1 ,. existing architectural themes from the west elevation. This approach will create a )J"n^cnov compatible and consistent architectural solution to the building while not burdening L L[n(sK' .' -' \e^r{'rt v Vail Cascade Residences Redevelopment Mauriello Planning Group, LLC the existing condominium owners the need to participate in the improvements to the building. D. Commercial Floor Areas SDD No. 4 states that for Area A commercial area shall not exceed 35,698 square feet. To date only 24,598 square feet of commercial space has been developed leaving 11,100 square feel of commercial floor that is yet undeveloped. The theater and college spaces were not included in the commercial floor area numbers. The proposed application will add a net addition'aJ,4,p87 square feet of commercial floor area to the building. This is well within the 11,100 square feet allowed. E, Residential Floor Areas The proposed application will convert existing theater and college spaces in the basement and on the second, third, and founh floors of the building. The redevelopment will also add a small fifth floor to the building. Vhen completed, the project will provide a total of 31,056 sq. ft. of GRFA. F. Parhing andLoading SDD No. 4 provides that off-street parking shall be provided in accordance with Chapter 12-10, except thatT5o/o of the parking in Area A shall be located within a parking structure or buildings. The ordinance requires that 421. parking spaces be provided for the uses in Area A in the main Cascade Club parking structure. A 17.5 percent mixed use credit per the Town of Vail parking code has been applied to the total number of required parking spaces in the Cascade structure. The parking table within the ordinance approving SDD No. 4 includes an allocation of parking spaces to be provided for the uses constructed on-site. The Colorado Mountain College building (this is how the entire building including the theaters is described in the ordinance) is parked entirely within the Cascade Club parking structure according to the following breakdown: Theater College Classrooms College Office 28 parking spaces 40 parking spaces 4 parking spaces Theater Meeting Room 2.[ 11.5 parking spaces Sub-Total Blue Tiger/Clancy's Cascade Penthouses 83.5 parking spaces 13.3 parking spaces (no change proposed) 16 parking spaces (no change proposed) Vail Cascade Residences Redevelopment Mauriello Planning Group, LLC Therefore, 83.5 less the mixed use parking credit of 17.5o/o for a total of 69 parking spaces are provided within the Cascade Club parking structure for this building. The proposed uses within the building generate the following parking need: Eleven dwelling units: 27.5 parkingspaces at 2.5 per unit Commercial Floor areas as office use: 16.3 parking spaces at 1 per 250 sq. ft. (4,087 net increase sq. ft. retail/office) Total: 43.8 parking spaces Total less 17.5olo multiuse credit: 37 parking spaces Therefore, there is a net reduction in the number of spaces (32 less spaces) required to be provided within the existing parking structure. The required parking for Area A is owned by a third pany. Flowever, that does not change the fact the parking must be available to meet the parking requirement of uses within Area A as described in the regulating ordinance. Since the proposed redevelopment of the subject property will have markedly less impact on the parking, the owner ofthe padring stnrcture also stands to benefit from the proposed application by unburdening 32 parking spaces originally set aside for the Colorado Mountain College and Cascade Theaters. No additional parking is therefore required for this application, nor is ownership ofthat parking required for the proposed uses. All loading and delivery is currently provided within the existing stnrctures. There is a general reduction on loading and delivery needs based on the proposed change of use. G. Access and Circulation The access and circulation for the project remains unchanged from its present form. The primary vehicular access point for the project is from lJV'esthaven Drive. A three level parking structure serves this property along with the adjacent athletic club and hotel. There is a net reduction in traffic with the proposed application based upon the change of use. Level of service will only i-prorr. tn Vesthr".n Drive due to the proposed change of use. H. Density Density is expressed as the number of residential dwelling units per acre of land. The ordinance for SDD No. 4, Area A indicates that a minimum of three hundred fifty- two (352) accommodation or transient dwelling units and a maximum of ninety-four (9a) dwelling units for a total density of two hundred seventy (270) dwelling units. A review of the Ordinance 12 Series of 2005 illustrates that 288 accommodation units, 74 Vail Cascade Residences Redevelopment Mauriello Planning Group, LLC dwelling units (plus 2 EHU's) have been developed to date. Additionally, Vesthaven Residences was approved with a total of 13 dwelling units. The anticipated density in the form of accommodation units (when convened to dwelling units at 2 accommodation units per dwelling unit) results in a surplus of 41 undeveloped dwelling units. Additionally, the number of undeveloped dwelling units is nine (9). This leaves an overall available density of 50 dwelling units within Area A. Thus, the addition of 11 dwelling units is well within the density requirements for Area A. This proposal fully complies with the density requirements established by the Town of Vail. L Building Heigbt SDD No. 4 requires that height be measured "venically 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 ridgeline of a sloping roof" unless otherwise specified. The subject property is allowed a maximum height of 21 feet under Ordinance No. 12, Series 2005. The existing and proposed Vail Cascade Residences are below the maximum building height. I. Setbachs Setbacks for Area A are as indicated in each development plan with a minimum setback on the periphery of Area A of not less than twenty feet. Funher buildings within Area A must maintain a 50 foot stream setback from the Gore Creek. Because this proposal does not include an addition to the existing building or change to the building envelope all setback requirements have been satisfied. K. Site Coaerage Site coverage is a measure of building footprint to total lot area. In Area A, no more than 45o/o of the total site area shall be covered by buildings unless otherwise indicated on site specific development plans. Again, the building footprint is not being increased with this proposal. As a result all site coverage requirements continue to be met. L. Landscape Area/Streetscape Ordinance No. 12, Series 2005 establishes the requirements for landscaping within SDD No. 4. The total developmetTr ^rea shall be landscaped as provided in the development plan to include retention of natural landscape, if appropriate. In Area A, 50o/o of the area shall be landscaped unless otherwise indicated. The applicant will not reduce the existing landscape area associated with chis building. The landscaping requirements have been satisfied. Vail Cascade Residences Redevelopment Mauriello Planning Group, LLC M. Employee Housing The Town of Vail has required the owners of new and redeveloped projects to provide employee housing for the incremental increase in the number of employees generated by a project. The Town, to-date, has never codified this requirement or the formula used by staff to determine the requirement. We have applied the formula traditionally used by the Town staff to this project while taking a credit for the existing uses located on the propeny. The formula below indicates an overall reduction in employee generation based on the change in use on the property. Emplovee Housinq Calculation Net Decrease in Gross Em -0.3'15 Note: In deriving the employee generation for the college uses and the theater, consultation with the theater operator and the Colorado Mountain College was conducted. Vail Cascade Residences Redevelopment Mauriello Planning Group, LLC m ustnq uarcu Existinq Buildinq So. Ft.or Units Formula Gross Emplovees Colleqe Uses/Classrooms 13,000 0.0010 .la Colleqe Office 't,s00 0.0050 7.5 Restaurant Office Use 974 0.0050 4.87 Theater Uses 600 0.00s0 Total 28.37 Proposed Cascade Development Sq. Ft.or Units Formula Gross Emplovees Dwellinq units 't1 0.2500 2.75 Commercial Uses 5,061 0.0050 25.305 Total 28.055 N. Existi.ng vs, Proposed Floor Areas Existing Building Proposed Building Common Area 77,245 sq. ft.8,083 sq. ft. Restaurant/Office 3,547 sq. ft.2,573 sq. ft. Existins Condominiums (8)15,490 sq. ft.15,490 sq. ft. Private Storage 727 sq. {t.727 sq. ft. Delivery Arealloading Dock 4,007 sq. ft.4,007 sq. ft. Colorado Mountain College 15,204 sq. ft.N/A Theaters 10,568 sq. ft.N/A Commercial/Office Space N/A 5,061 sq. ft. New Residential Units (11)N/A 28,439 sq. ft. New Undefined Residential Area N/A 2,677 sq. ft. Total Area 66,788 sq. ft.66,997 sq. ft. Vail Cascade Residences Redevelopment Mauriello Planning Group, LLC IV. Special Development District - Standards and Criteria "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 economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to funher the overall goals of the community as stated in the Vail comprehensive plan." The following design criteria are used by the Town in the evaluation of a Special Development District. The proposed Vail Cascade Residences redevelopment plan adequately addresses each of these criteria. Below is a summary of how the project implements each of these criteria. Please note that the entire application and submittal materials {or this application address the criteria below in addition to the summary provided. A. Compatibility: 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. Our Analysis: The proposed Vail Cascade Residences redevelopment leaves the existing building generally intact. The building has and continues to be compatible with the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. The changes to the exterior of the building will reduce its impact upon the neighborhood and make the building more compatible with the commercial and residential uses in the area. B. Relationship: IJses, activity and density which provide a cempatible, efficient and workable relationship with surrounding uses and activity. Our Analysis: The applicanr is not proposing any changes that deviate significantly from the intentions of SDD No. 4. The Cascade Village erea ar'd SDD No. 4 is characterized by residential, lodging, and commercial development. SDD No. 4 was established to ensure comprehensive development in a manner that is harmonious with the general character of the Town. The proposed redevelopment plan responds to the residential and commercial uses already developed in the neighborhood and adds to the high quality mix of uses existing Vail Cascade Residences Redeveloprnent Mauriello Planning Group, LLC 10 C. along'$Testhaven Drive. The proposed uses will enhance this reson hub within the Cascade Village and generate activity that will not only benefit the propeny owner but the citizens of the Town of Vail. The proposed project creates a compatible, efficient, and workable relationship with surrounding uses and activities. Parking and Loading: Compliance with parking and loading requirements as outlined in Chapter 10 of this Title. Our Analysis: The proposed redevelopment plan meets or exceeds all of the parking and loading standards found in Chapter 10 of the ZoningRegulations or those contained within the ordinance regulating SDD No. 4. Please refer to other sections of this report and the proposed development plan for details on parking and loading. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. Our Analysis: The proposed Vail Cascade Residences redevelopment plan complies with all relevant master planning documents and Town policies. Please refer to section "V" of this repon for a comprehensive review of the Town's master planning documents and policies that are implemented by this plan. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. Our Analysis: There are no natural or geologic hazards existing or mapped by the Town for this site. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Our Analysis: The building at issue has been developed for more than 20 years and therefore there are no natural features on the site. The property is well landscaped. The proposed project was designed to reflect the more modern design of the existing D. E. F. Vail Cascade Residences Redevelopment Mauriello Planning Group, LLC 11 G. H. building as well as other adjacent buildings, the climate, and quality demanded by the Town. The project was also developed around the goals identified for SDD No. 4 and specifically Area A. The proposed plan includes exterior improvements to the building that will enhance the aesthetics of the area for local residents and visitors. Traffiq A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. Our Analysis: The proposed project does not change the access or circulation system for the area. The proposed change in use will reduce the impact to traffic in the area. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Our Analysis: Area A is currently developed with landscape improvements and open spaces which comply with the original approval for Cascade Village. The proposed project will not impact landscape or open space requirements. Vorkable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Our Analysis: The project is proposed to be developed in one phase. Building permits for the interior and exterior renovations will be pursued. A condominium plat will be required prior to CO of the project. I. Vail Cascade Residences Redevelopment Mauriello Planning Group, LLC 72 V. Comprehensive Plan Goals and Direction The Town's master planning documents have been analyzed with respect to the proposed redevelopment project. Below is a list of the Town's goals and objectives that are consistent with the proposed redevelopment plan. Items listed in italics are of particular imponance to the proposed redevelopment plan. A. Vail Land Use Plan 1. General Growth/Development I.L Vail sboul.d continue to gro"rD in a controlled enoironment, maintaining a balance lrctzaeen residmtial, conzmercial and recreational ses to serve both tbe visitor and tbe permanent resident. L.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. L.3 The qualiry of deoelopmmt should be maintained and upgraded ruhenepel possible. 1.5 Commercial strip development of the Valley should be avoided. 7.I2 Vail sbould accommodate rnost of the additional grouth in existing developed areas (infill areas). 2. Skier/Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day vi sitors. 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more effectively. 3. Commercial 3.4 Commercial grorath should be concentrated in existing commerci.al areas to accomntodate both local and oisitor needs. Vail Cascade Residences Redevelopment Mauriello Planning Group, LLC 13 5. Residential 5.1 Additional residential grozoth should continue to occur primarily in existing, platted areas and as appropriate in neut areas ubere high bazards do not exist. 5.4 Residential groutb should keE pace uith the market place dnmands for a full range of bousingrypes. 6. Community Services 6.L Services should keep pace with increased growth. 6.2 The Town of Vail should play a role in future development through balancing growth with services. 5.3 Services should be adjusted to keep pace with the needs of peak periods. Vail Cascade Residences Redevelopment Mauriello Planning Group, LLC 14 v :lustxrlcEllv TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission (PEC) Community Development Department November 14,2005 A request for a final recommendation to the Vail Town Council of a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for additional dwelling units and office uses in SDD No. 4, located at 1310 Westhaven Drive/Cascade Village, and setting forth details in regard thereto. (PEC05-0082) Applicant: Planner: Cascade Village Theatres, Inc., represented by Mauriello Planning Group, LLC Matt Gennett il. SUMMARY The applicant, Village Theatres, Inc., represented by Mauriello Planning Group, LLC, is asking the Planning and Environmental Commission for a final recommendation to the Town Council on the proposed Vail Cascade Residences project, located at 1310 Westhaven Drive/Area A, Cascade Village. Pursuant to the criteria and findings listed in Section Vlll of this memorandum, and the conditions listed in Section lX of this memorandum, staff recommends the Planning and Environmental Commission forward a recommendation of approval with conditions to the Town Council on the proposal detailed herein. DESCRIPTION OF THE REQUEST The applicant, Cascade Village Theatres, Inc, represented by Mauriello Planning Group, LLC,, has requested a final review hearing with the Planning and Environmental Commission to present a proposed development plan and request for an amendment to Area A of Special Development District (SDD) No. 4 to develop the Vail Cascade Residences, located at 1310 Westhaven Drive/Area A, Cascade Village. A vicinity map has been attached for reference (Attachment A). The proposal includes the development of 11 dwelling units, with some commercial, retail and office space contemplated as well. A Major Amendment is required for the additional number of dwelling units; however, the proposed Gross Residential Floor Area (GRFA) is within the allowable GRFA in Area A of SDD No. 4 and does not require an amendment. Currently, the property houses classrooms, related educational facilities, and the Cascade Village Theater. A restaurant and eight two-story residential condominium units are likewise located within the building today; however, those uses and units will remain and are not contemplated for redevelopment in association with this application. According to the applicant, the primary catalyst for redeveloping the educational and theater ilt. spaces of the building was the recent move by Colorado Mountain College to its new campus in Edwards, Colorado, and the limited economic viability of the theaters in their present location. The office use proposed for the first floor level is presently not a permitted use on that level and the major amendment would have to address this issue within the proposed Approved Development plan as well. A copy of the Vail Cascade Residences written proposal from the applicant is attached for reference (Attachment B). A reduced copy of the proposed floor plans and elevations has also been attached for reference (Attachment C). BACKGROUND Special Development District No. 4 (SDD No. 4), Cascade Village, was adopted by Ordinance No. 5, Series of 1976. At least sixteen subsequent amendments occurred trom 1977 through the present day. The subject property was a Planned Unit Development under Eagle County Jurisdiction when the property was annexed in 1975. Special Development District No. 4 includes the following: Area A Area B Area C Area D Cascade Village Coldstream Condominiums Glen Lyon Primary/Secondary and Single Family Lots Glen Lyon Commercial Site v. The entire Cascade Village site is approximately 97.5 acres. The identified public benefits of the Special Development District are: Creation of a "third village" and development of significant bed base has improved Vail's summer marketing potential, bike path and stream tract open to public, employee housing, CMC facility. Because the property was annexed into the Town of Vail as a Planned Unit Development under Eagle County jurisdiction and early Special Development Districts were not based on an underlying zoning, there is no underlying zoning for Cascade Village. The uses and development standards for the entire property are as outlined in the adopting ordinance for Special Development District No.4. The construction of the Colorado Mountain Condominiums, commonly referred to as "the CMC building", was completed by 1979. The structure was constructed with observed setbacks essentially comprised of "build-to" lines and with distinct property lines for the CMC building itself as shown on the plat entitled Condominium Map of Colorado Mountain Condominiums (Attachment B). ROLES OF THE REVIEWING BOARDS Special Development District and Maior Amendment Order of Review: Generally, applications will be reviewed first by the PEC for impacts of use/development, then by the DRB for compliance of proposed buildings and site planning, and final approval by the Town Council. V. Planninq and Environmental Gommission: Action: The PEC is advisory to the Town Council. The PEC shall review the proposal for and make a recommendation to the Town Council based on the Criteria and Findings listed in Section lX of this memorandum. Desiqn Review Board: Action: The DRB has NO review authority on a SDD proposal, but must review any accompanying DRB application The DRB review of an SDD prior to Town Council approval is purely advisory in nature. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Gouncil: Action: The Town Council rs responslb/e for final approval/denial of an SDD. The Town Council shall review the proposal using the Criteria and Findings listed in Section lX of this memorandum. APPLICABLE PLANNING DOCUMENTS Article 12-9A: Special Development (SDD) District (in part) 12-9A-1: PURPOSE: 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 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 SITE ANALYSIS Legal Description: Address: Lot Size: Cascade Village (CMC Building, specifically) 1310 Westhaven Drive .67 acres (29,a95 sq ft) 3 vt. Zoning: Land Use Plan Designation: Resort Accommodations and Services Cunent Land Use: Mixed Use Residential and Resort / Spa Special Development District No. 4 (no underlying zone district) Develooment Standard Lot Area: Buildable Area: Setbacks: Front: Sides: Rear: Building Height: Density (Area A): GRFA: Site Coverage: Landscape Area: Parking: North: South: East: West: Land Use CDOT Right-of-Way Resort Accommodations and Services Resort Accommodations and Services Resort Accommodations and Services Allowed N/A N/A 37 spaces N/A N/A N/A N/A N/A N/A N/A Existino 29,495 sq ft 29,495 sq ft 12' 7'(Nyo'(s) 14' 55' 5.2 DU per acre N/A 50% (14,980sqft) 50o/o 69 spaces Proposed no change no change no change no change no change no change 5.4 DU per acre 32,000 sq ft no change no change 37 spaces vil.SURROUNDING LAND USES AND ZONING Zoninq Not zoned SDD No.4 SDD No.4 SDD No.4 VIII. CRITERIAANDFINDINGS The following section of this memorandum is included to provide the applicant, community, staff, and Commission with an advanced understanding of the criteria and findings that will be used by the reviewing boards in making a final decision on the proposed application. Special Development District 1 2-9A-8: DES/GN CRITERIA: The following design criteria shall be used as the principal criteria in evaluating the merits of the proposed 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 cons,sfent with the public interesf has been B. achieved: 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 applicant is proposing an exterior alteration which staff believes will greatly enhance the visual appeal and complement the architectural aesthetics of adjacent properties. The design of the exterior is sensitive to the immediate environment and is compatible with the neighborhood surrounding Area A of Special Development District No. 4, and its environs. The height, scale, design, bulk and mass and of the building wifl meld into the architectural conlext of the Cascade Resort and neighboring residential uses. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activityr. The applicant is not proposing any changes of use that deviate from the intentions of Special Development District No. 4. The slight increase in density by (11) eleven dwelling units under this proposal will not have any negative impact on the functions of the sunounding uses and activities. Considering the applicant's parking analysis on page 10 of their written submittal (Attachment B), the parking demand will decrease with the changes in use from Movie Theater and a private educational institution, to mostly residential with some small office, retail and educational uses on the first floor of the building. Given the present functionality of Cascade Village and it not having evolved into a "third Village" as contemplated in the original adopting ordinance, staff does not see any problem with locating limited commercial office uses on the first floor of the building. The ordinance to be brought forward to Council will include amending language to allow office uses on the first floor, in a limited capacity. Gompliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. The provisions of SDD No. 4 state off-street parking shall be provided in accordance with Chapter 12-1 0, except for 75% of the parking in Area A shall be located within a parking structure or buildings. The ordinance requires that 421 parking spaces be provided for the uses in Area A in the exisiting Cascade Club parking structure. A 17.5 percent mixed use credit per the Town of Vail parking code has been applied to the total number of required parking spaces in the Cascade structure. The parking table within the approved development plan for SDD No. 4 includes an allocation of parking spaces to be provided for the uses constructed on-site. The Colorado Mountain College building (how the entire building, including the theaters, is described in the ordinance) is parked entirely within the Cascade Club parking structure according to the following breakdown: Theater, 28 parking spaces; College Classrooms, 40 parking spaces; College Office,4 parking spaces; Theater Meeting Room 2J, 11.5 parking spaces, Sub- Total, 83.5 parking spaces; Blue Tiger/Clancy's, 13.3 parking spaces (no change proposed); Cascade Penthouses 16 parking spaces (no change proposed). c. Therefore, 83.5 less the mixed use parking credit of 17.5o/o for a total of 69 parking spaces are provided within the Cascade Club parking structure for this building. The proposed uses within the building generate the following parking need: Eleven dwelling units, 27.5 parking spaces at 2.5 per unit; Commercial Floor areas as office use, 16.3 parking spaces at 1 per 250 sq ft (4,087 net increase sq ft retail/office) Total, 43.8 parking spaces. The total less the 17.5% multi-use credit equals 37 parking spaces. ln summary, there is a net reduction in the number of spaces (32 less spaces) required to be provided within the existing parking structure. The required parking for Area A is owned by a third party. Staff agrees there is no additional parking requirement with the proposed change of use, however, a condition of approval imposed to ensure there will be adequate parking reserved in the structure for the new residential units to access is needed. All loading and delivery is currently provided within the existing structures. There is a general reduction on loading and delivery needs based on the proposed change of use. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. The goals contained in the Vail Land Use Plan are to be used as the Town's policy guidelines during the review process for the establishment of a special development district. Staff has reviewed the Vail Land Use Plan and believes the following policies are relevant to the review of this proposal: 1. GeneralGrowth/Develooment 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. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infi ll). Staff believes the proposed uses and activities are in compliance with the policies, goals, and objectives identified in the Vail Land Use Plan. 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 Geologic Hazard Maps, the Colorado Mountain Condominiums development site is not located in any geologically sensitive areas or within the 10O-year floodplain of Gore Creek or its tributaries. Site plan, building design and location and open space provisions 1.1 E. F. G. H. designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The proposal does not call for any modifications that would impact natural features or vegetation. Staff believes that the overall aesthetic quality of the community would be enhanced by the proposed exterior changes and physical improvements proposed by the applicants. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. The applicant is proposing changes that will have a positive impact on vehicle and pedestrian circulatory patterns. Staff believes this criterion will be met by the applicant's considering the inclusion of a plan to remove the existing pedestrian walkway over Westhaven Drive and rebuild it at a height suitable for large trucks and buses to pass underneath. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. The applicant is not proposing any changes which would have a negative impact upon the elements of this criterion. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Staff is not aware of any intention on the applicant's behalf to phase this project, however, should a phasing plan be proposed, this criterion must and will be met in full. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval with conditions of the proposed SDD amendment to the Vail Town Council. Staff's recommendation is based upon the review of the criteria found in Section Vlll of this memorandum and the evidence and testimony presented, subject to the following conditions: Prior to first reading of the amending ordinance Town I, the applicant shall submit a plan to the Comm hclusion in the amending ordinance to will be maintained at all times for the eleven In (trA CW',rA 1)rrru ' Should the Planning and Environmental Commission choose recommendation of approval to the Vail Town Council of amendment to an SDD, the Department of Community recommends the Commission pass the following motion: to forward a this proposed Development x. "Based upon the review of the criteria outlined in Section lV of this memorandum, and the evidence and testimony presented, the Planning a nd Enviro n me ntal Com m issio n fi nd s : 1. That the amendment rs conslsfenf with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment does further the general and specific purposes of the Zoning Regulations; and 3. That the amendment does promote the health, safety, morals, and general welfare of the Town, and does promote the coordinated and harmonious development of the Town in a manner that conserues and enhances its natural environment and its established character as a resort and residential community of the highest quality. ATTACHMENTS A. Vicinity Map B. Applicant's Proposal C. Reduced Copy of the Colorado Mountain Condominiums plat D. Reduced Floor Plans and Elevations CASCADE VILLAGE VAIL CASCADE RESIDENCES ADJACENT PROPERTY OWNER/SDD No.4 LIST OCTOBER,2OO5 Adiacent Property Owners CASCADE VILLAGE THEATER INC - CMC RESIDENTIAL SUBASSOCIATION INC POBOX 1152 VAIL, CO 81658 THE COLORADO MOTINTAIN CONDOMINIUM ASSOCIATION, INC. JULIE GRIMM IOOO S. FRONTNGE ROAD STE 2OO VAIL. CO 81657 CASCADE CI,UB ASSOCIATION DON Maclachlan 13OO WESTHAVEN DRIVE VAIL, CO 8I657 CASCADE CLUB ASSOCIATION I1777 SAN VICENTE BLVD. SUITE 9OO LOS ANGELES, CA 9OO4O L-O VAIL HOLDING INC C/O DELOITTE & TOUCHE LLP 6363 N STATE HWY 161 STE 8OO IRVING. TX75038-2262 L-O VAIL HOLDING INC C/O DELOITTE & TOUCHE LLP 5550 LBJ FREEWAY STE 7OO DAI,LAS. TX75240 L-O VAIL HOLDING C/O DELOITTE & TOUCHE LLP 555 17TH ST STE 3600 DLNVER, CO 80202 CASCADE CLUB LTD C/O DELOITTE & TOUCHE LLP 555 17TH ST STE 3600 DENVER, CO 80202 VAIL PARKING LLC 2990 BOOTH CREEK DR. VAIL. CO 81657 MIRUS LLC C/O WN MANAGEMENT PO BOX 7270 AVON, CO 81620 GEORGIA FOX MCINTOSII 1983 REVOCABLE TRUST 2017 WINDSOR PL FT WORTII, TX 761I0 MAHONEY, MICHAEL F. & JT]LIE A. 7210 SPRING CREEK CIR NIWOT, CO 80503 LO PORTO, JOHN J, - CINTORINO, THOMAS J. 21 APPLETREE GREEN NASHUA, NH 03062-2234 HANNEN, KEVIN P. 3409 PATRICK ST S'f CHARLES, LA 70605 NEPTUNE PARTNERS LTD 252 CLAYTON 4OO DENVER, CO 80206 HUFF, GLEN & MARSHA -JT 51I VILLACROSSING SOUTH LAKE, TX76092 MULONE, NICHOLAS P. & SANDRA L. 304 STONEYBROOK DR CHESWICK, PA I5024 POWERS, SUSAN L. I8821 DELAWARE ST STE 207 HTINTINGTON BEACH" CA 92648 BROE, PATRICK D. C/O BROE CO 252 CI,AYTON ST 4TH FL DENVER. CO 80206 ANI INVESTMENTS LTD C/O DON BAKER 633 W FIFI'H ST STE 4OOO I,OS ANGELES, CA 90071-2007 LIFCHEZ, AARON S. & ROBERTA A. 525 SUNSET LN GLENCOE, tL 60022-1141 FERRIS, BROOKE PO BOX 216 VAIL, CO 81658 TALOUMIS, LOUIS J. & LORI J. -JT 5855 GLADSTONE ST COLORADO SPRINGS. CO 80906 CASSIS INVESTMENTS LTD C/O DON BAKER 633 W 5TH S'r'STE 4000 LOS ANGELES, CA 9OO7I-2007 INSIDE SDD No.4 TOWN OF VAIL C/O FINANCE DEPT 75 S FRONTAGE RD VAIL, CO 81657 GLEN LYON OFFICE BUIT,DING C/O ANDREW D. NORzuS IOOO S FRONTAGE RD W STE 2OO VAIL, CO 8I657 WESTHAVEN REALTY LLC 1127 LAKE AVE GREENWICH, CT 0683I HAGOPIAN & PENNINGTON.LLC-NORRIS.A.D.III C/O BRENTWOOD ASSOC & T.M. PENNINGTON 11I50 SANTA MONICA BLVD I2OO LOS ANGELES. CA 90025 MILL RACE CONDOMINIUM ASSOCIATION JULIE GRIMM IOOO S FRONTAGE ROAD. WEST #2OO VAIL. CO 81657 MILL RACE CONDOMINIUM ASSOCIATION 1476 WESTHAVEN DR. UNIT 1, SUITE 2OO VAIL, CO 81657 CASCADES ON GOR-E CREEK OWNERS ASSOC INC 1476 WESTHAVEN DR VAIL, CO 81657 KOENIC, HOWARD P. 7 BREAKERS AISLtr DANA POINT" CA92629 YELLOW BIRD LTD C/O CASCADE VILLAGE 1476 WESTHAVEN DRIVE VAIL, CO 81657 PETERSON, JERRY W. THREE LYNNRD CHERRY HILLS VILLAGE. CO 80113 CASCADES ON GORE CREEK OWNERS ASSOC INC 1476 WESI'HAVEN DR VAIL. CO 81657 KAISER, PETER & ANAFU M. IO LDWARDS POINT RD RUMSON, NJ 07760 FERRY. TERRANCE F. & GAIL LOWENTHAL I39O WESTHAVEN DR 6 VAIL, CO 81657 CGC VAIL LLC 4I01 BIRCH ST STE lOO NEWPORT BEACH, CA9266O L-O WESTHAVEN INC C/O DELOITTE & TOUCHE LLP 555 17 TH S1'STE 3600 DENVER, CO 80202 BLUME FAMILY PTNSHP % FRED P. BLUME PO BOX 504 CHEYENNE, WY 82003 DEWS, JULIANNA PO BOX 362 VAIL, CO 81658 BELTZ. JAMES A. & ANNE HOUGH -JT 447 PEAVEY RD WAYZATA, MN 55391 MCCULLOH, HUGH 375 SAINT PAUL ST DENVER, CO 80206 FREEMAN, MICHAEL J, 6-8 BLUE SEA LN KINGS POINT, NY IIO24 SKI CASCADE LLC C/O PETER AND GRETCHEN BROWN 3696 LAKE MENDOTA DR MADISON, WI53705 I{ASSMAN, ALAN R. & GLORIA J. -JT 8 CREEKSIDE LN CAMP IIILL, PA 17OI I NA CO - MCMILLAN. NANCY O. - OATEY, WILLIAM R. 4700 w 160TH ST CLEVELAND. OH 44135 SMITH, DEBRA 5614 S LANSING WAY ENGLEWOOD. CO 8OI I1 HOWELL, JOHN N. & MARY L. -JT 1 1OI PENNSYLVANIA AVE NW #4OO WASHINGTON, DC 2OOO4 STEVENSON, RAY ONE NE LAGOON ISLAND CT SEAWALL'S POINT, FL 34996 BROOKS, SCOTT K. - KLAESS, MATT S. -JT I515 WAZEE STE 3OO DENVER, CO 80202 VAII, LLC PO BOX 1558 CI,EARWATER, FL 33757 VAIL LLC 1OOO ELDORADO AVE CLEARWATER,I.L 33767 KCV L.L.C. - RAINER, WILLIAM & JULIE PO BOX 550 OLATHE, KS 6605I MORCAN, MITCHELL - ET AL C/O VAIL CASCADE CONDOMINIUMS INC 1476 WESTHAVEN DR VAIL, CO 8I657 SI PARTNERS LTD 252 CLAYTON ST 4TH FL DENVER, CO 80206 MDSB LP 5752 S JASMINE ENGLEWOOD, CO 80111 LAZIER, ROBERT BUDDY 386 HANSON RD VAIL, CO 81657 ELLENORE JOINT VENTURE C/O PHILIPP A KORT 21ON CHAMBORD DR ATLANTA, GA3O32] NASR, MOE 7910 SAM HOUSTON PKWY W HOUSTON. TX77064 COHEN, RICHARD W. 2950 RIVERMEADE DR ATLANTA, GA3O327 WILKINS, F.D. 2655 BRIARWOOD DR BOULDER, CO 80303 MOREIRA, DOMINGO R. 723I SW 63RD AVE MIAMI, FL 33143 GLEN LYON ASSOC LLC C/O MADELYNN HAUSMAN ATTORNEY 77 W WASHINGTON ST STE 1I19 CHICAGO,IL60602 ALEXANDRA P. I,INN TRUSTEE ALEXANDRA P. LINN REVOCABLE TRUST I35O GREENHILL CT vAtL, co 81657 KARLIN, MITCIIELL J. PO BOX 8488 NORTHFIELD,IL 60093 WOI,F. MARY PO BOX 354 WINNETKA,IL 60093 HORN, JEFFREY M. & SALLY HELMS -JT 18 AVON RD BRONXVILLE. NY 10708 PURCHASE, JOHN LAYTON & LARA JT]NE -JT 754 POTATO PATCH DR VAIL, CO 81657 GERSTENBERGER, ALLEN & JANET 5255 BOW MAR DR LII]'LETON, CO 80123 LOHRE, JOHN O. & MARY B. 333 LOGAN ST STE 203 DENVER. CO 80203 HARLAN DEVELOPMENT COMPANY LLC C/O HAL P HARLAN PRESIDENT POBOX29t76 INDIANAPOLIS,IN 46229 CUNNiNGHAM, BARRYR. 27I ANEMONE DR BOULDER, CO 80302 HOVEY, NANCY M. I WOODHOLM LN MANCHESTER, MA 01944-1057 1439425 ONTARIO INC 17 CHES-|NUT PARK RD TORONTO ONTARIO M4W1W4 CANADA, null null MAzuORIE H. ODEEN REVOCABLE INTER VIVOS TRUST I435 HARVEST CROSSING DR MCLEAN. YA22IO1 MORLEY. REBECCA D, & ANDREW W. -JT I33O SONGBIRD CT BOULDER, CO 80303 HINZ. PAMELA SHEILA 1460 A GREENHILL CT VAIL. CO 8I657 KIRKPATRICK, DOI]GLAS H. & JOAN M. -JT 48 HYDE PARK CIR DENVER, CO 80209 PHILIP H, CORBOYJR. TRUST 33 N DEARBORN CHICAGO. IL 60602 DULIJDE. RICHARD & JEAN P O BOX 537 106 LAKE AVE GEORGES MILLS" NH 03751 I359 GREENHII,L COURT LLC 101 S CLERMONT DENVER, CO 80246 MEISTER, RICHARD W. & JULIE L. 39 LOCKWOOD AVE OLD GREENWICH, CT 06870 GURRENTZ,I]EDY & KENNE'TH G. 5360 S BOSTON ST GREENWOOD VILLAGE, CO 8OII1 1334077 ON1'ARrO rNC 2531 STANFIELD RD MISSIGAUGA ONTARIO L4Yl54 CANADA, null null BLIVAS, JULIE I48 S WESTGATE AVE LOS ANGELES. CA 90049 SUSAN RUBENSTEIN QUALIFIED PERSONAL RESIDENCE TRUST 2129 N. CLEVELAND CHICAGO,IL60614 DLTNNING, PETER B. & LUCY I46I GREENHILL CT VAIL. CO 8I657 ORTEGON, ANTHONY & VERA 2 ROCKBRIDGE LN PUEtsLO, CO SIOOI SCHI]BERT, FRED V. & MARIA A. TRUST 6 MAGGIE LN DOWNINGTOWN, PA 19335-3208 MOONEY.I]ARBARA C. I455 GREENHII,L CT W 1/2 VAIL, CO 81657 NAGLE, TIM W. & KAREN M. -JT 13307 TOSCA HOUSTON. TX77079 KEMP, JACK F. & JOANNE M. -JT I9OI PENNSYLVANIA AVENW STE 3OO WASHINGTON. DC 20006-5805 KEMP, JACK F. & JOANNE M. -JT 1775 PENNSYLVANIA AVENW 1lTH FLOOR WASHINGI'ON. DC 20006-5805 ORLINSKY, DAVID 103 W. 89TH STREET NEW YORK, NY IOO24 LANDERS. JOHN & DEBRA -JT 2530 OUTLOOK TRL BROOMFIELD, CO 8OO2O OLIVER. C, HARDY. JR & ANN B. JT 408 COVE VIEW POINT COLUMBIA, SC 29212-8402 SPICER, WILLIAM J. - GLEN LYON DEV 17IO PLATTE ST DENVER, CO 80202 BERTOLE. PHILLIP 7OI GRASSMERE AVE INTERLAKEN, NJ 07712 ARINT, STEPHEN W. - SPICER, WILLIAM J. I71O PLATTE ST DENVBR, CO 80202 GUNSLINGERVAIL I LLC I53O I6TH ST DENVER, CO 80202 JASPERSEN FLP I LTD 4807 CROOKED LN DALLAS. TX75229 GLINSLINGERVAIL 2LLC I53O 16TH ST DENVER, CO 80202 1245 WESTHAVEN LLC C/O CURTIN 55 EMILY ROAD FAR HILLS. NJ 07931 RUTING, WAYNE M. PO BOX 149 DENVER, CO 80201-0149 WHITE ROCK PROPERTIES LLC ATTN: TOM RYSTROM PO BOX 3546 LITTLE ROCK, AR722O3 STONE, HOWARD L. & CATHERINE A. 615 PALASADES AVE SANTA MONICA, CA9O4O2 BLUE OX LLC 17 CAMPBELL RD WAYLAND. MA 01778 LIPNICK, JANIE B. 623829TH STNW WASHINGTON, DC 2OOI5 VALENTINE, ROSSLYN M, PO BOX 910 vAtL, co 81658 BEARD, STANLEY S. & BONNIE K. 2I2I N F'RONTAGE RD 2IO VAIL, CO 8I657 HALSETH, B. & L. - HALSETH. C. & D. - HALSETH, D. CUST. - KNOX. C.A. CUST. 1176 W K ST BENICIA. CA94510-2415 BRAMANTE. M.A. & ELEANOR 1285 WESTHAVEN CIR VAIL, CO 8I657 MCMAHON TRUST 792 SAN LORENZO ST SANTA MONICA. CA9O4O2 PEDIGO, JAMES & RUTH ANN -JT 2019 ALAQUA LAKBS BLVD LONGWOOD,FL32779 LESSANS, MARC B. PO BOX 450 NEW MARKET,MD21774 JOHN L. ALFOND 2OO4 TRUST C/O GREGORY W. POWELI, TRUSTEE TWO MOUNUMENT SQUARE PORTLAND, ME O41OI SIROTKIN. NEIL & GABRIELA J. 2121 N FRONTAGE RD W 197 VAIL. CO 8I657 MILLER, GARY E. & V. EILEEN -JT 1415 WESTHAVEN DR VAIL, CO 81657 O NEIL PATRICIA I385 WESTHAVENDzuVE VAIL, CO 81657 COLDSTREAM CONDOMINIUM ASSOCIATION JULIE GRIMM IOOO S. FRONTAGE ROAD W. #2OO Suite 200 VAIL, CO 81657 COLDSTREAM CONDOMINIUM ASSOCIATION 1476 WESTHAVEN DR. LTNIT #1 VAIL, CO 81657 FLOWER, MICHAEL G. &ELIZABETH RAMSEY C/O MDM SERVICES CORPORATION 28202CABOT RD STE 205 LAGUNANIGUEL, CA92677 WALTON GROWTHFLIND LP 3252 ROANOKE KANSAS CII'Y, MO 64111 MCMAIIAN, JOHN T. & LYNN -JT 676 N ST CLAIR STE 1575 CHICAGO, IL 606I1 LIFTSIDE CONDOMINIUM ASSOCIATION VAIL CASCADE CONDOMINIUMS 1476 WESTHAVEN DRIVE VAIL, CO 81657 I,IFTSIDE CONDOMINIUM ASSOCIATION 1234 WESTHAVEN DRIVE VAIL, CO 8I657 OUTSIDE SDD NO.4 TOWN OF VAIL C/O FINANCE DEPT 75 S FRONTAGE RD VAIL, CO 8I657 LTNITED STATES OF AMERICA PO BOX2st27 LAKEWOOD,CO 8022s EAGLE RIVER WATER& SANITATION DIST 846 FOREST RD VAIL, CO 8I657 VAIL CORP PO BOX 7 vAtL, co 81658 H&KMANAGEMENTLLC 953 S FRONTAGE RD W 230 VAIL, CO 81657 G. LOVEN LLC 934 S FRONTAGE RD VAIL, CO 81657 L-O WESTHAVEN INC C/O DEI,OITTE & TOUCHE LLP 555 17TH S1'STE 3600 DENVER, CO 80202 THE EAGLE POINTE CONDOMINIUM ASSOCIATION DANN PETER I5 HIGHI,ANDS I,N AVON, CO 81620 TIIE IAGLD POINTE CONDOMINIUM ASSOCIATION PO BOX 5480 AVON, CO 81620 VAIL PARK ASSOCIATION LTD, HIH FARROW 1 47 2 MAT'|ERHORN CIRCLE VAIL, CO 81657 COLORADO MOUNTAIN COIIDOMINIT]M ASSOCIATION 1000 S. Frontage Road West, Ste.200 Vail, C0 81657 974-476-6602 September 26,2005 Town of Vail Community Development 75 South Frontage Road Vail, CO 81657 Re: Development proposal for CMC Building To Whom It May Concem: I am writing as president of the Colorado Mountain Condominium Association. The Association Board of Directors is aware of the redevelopment proposal being made by three condominium owners within ow building. While the board has not passed judgement on the proposal, we understand that it is being submitted to the Town of Vail for Planning Commission review, Town Council review, and Design Review. The proposal encompasses the following units within our building: Colorado Mountain College units #5001, S002, S101, S40l Cascade Village Theatre units #C201, C203 Sirotkin Office unit #C202 please contact me at 476-3035 Steve Lindstrom President Ifvou have anv COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLEGUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of thc proposed Insured and the amount of the policy or poiicies committed for have been inscrled in Schedule A hereof by the Company, either' at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the faull of the Company. Signed under seal for the Company, but this Commitment shall not be valid or binding until it bcars an authorized Countersignature. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its colporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. STEWART TIT GUARANTY COMPANY LE Chairman of the P.O. Box 200O Vail, Colorado 81658 (97O) 926-0230 Order No. 05036440 Countsersignature ART TITLE OF VAIL, INC, SCIIEDULE A OrdcrNurnber: o5o36440 1. Effective date: February o7 , 2oo5 at 7:45 A.M. 2. Policy or Policies to be issued: (a) A.L.T.A. Owner's (Extended) Amount of Insurance $- Proposed Insured: ].310 BUFFALO PROPERITES LLC, A COLORADO I,IMITED LIABII,ITY COMPANY (b) A.L.T A. Loan (standard) Proposed Insured: (c) Leasehold Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is foo einnl e 4, Title to the fee simple estate or interest in said land is at the effective date hereof vested in: CO].ORADO MOUNTAIN COLLEGE FOUNDATION, A COLORADO NONPROFIT CORPORATION 5. The land referred to in this Commitment is described as follows: SEE ATTACHED LEGAL DESCRIPTION Purported Address: STATEMENT OF CHARGES 1310 westhawen Drive These charges are due and payable beforc a vaiL, CO 81557 Policy can be issued. PREMIUI{ OIINERS: $5115.00 TAX CERT: 80.00 form 110. L 50 .00 Order Number: 05036440 SCMDULE A LEGAL DESCRIPTION CONDOMINIUM UNITS S-001, S-002, S-10 j- and S-401, COLORADO MOUNTAIN CONDO!,'INIUMS According to the plat recorded June 15, l-984 in nook 397 at Page 520 as R€cept,ion No. 283922 and the Condominium Declaration for Colorado Mountain Condominiums record.ed ,June 15, L984 j-n Book 387 at page d19 as Reception No. 28392L. COUNTY OF EAGLE STATE OF COLORADO. THTS COMMITMENT WAS PREPARED ON FEB 23 2005. FOR QUESTIONS REGARDING THIS COMMITMENT PLE.A,SE CALL r,rNDA WTLLTAMS, TrrE TrTtE OFFICER, AT 970/926_0230. FOR QUESTIONS REGARDING TIIE CIOSING, PLE.ASE CALL KA.l.4My YOUNG, THE ESCROW OFFICER, Ar 97 0 / 47 9 _ 5oI0 This commi tment is sent to: 1310 BUFFALO PROPERTTES LLC, MICHAEL HECHT COLORADO MOUNTAIN COLLEGE FOUNDATION MICHAEL DEVINS PETER PAPANGELIS Order Number: o5o3E44o SCIMDULE B Section I REQUIREMENTS The following are the requirements to be complied with: Item (a) Payment to or fbr the account of the grantors or mortgagors of the full consideration for the csrate or interest to be insured. Item (b) Proper instrument(s) creating fhe esfafe or interest to be insured must be executed and duly filed for record, to wit: 1. Evidence satisfactory to Suewart. Tille cuararrty Company of payment of all out,6t,anding taxes and assessments as certified by lhe Eagle County Treasurer. 2. E*eeution of affidavit as to Debts and L,iens and its return to Stewart, Title Guaranty eompany, 3. Paltment of any and all llomeowners aa6e6smentg and expeneeE aE required in theDeclaration of Cascade village and Certificatse fron Carcade Village Associationwerifying that such pa)rment has been received. 4. Payment. of any and all condominiurn asse66mencs and expenses as required by the condominiurn Declaration of Colorado Mountain condominiums and Certificate from col-orado Mountain Condominiurn AaEocj.atj.on Inc. verifying that such payment has been received. 5. Evidence satisfactory to Slewart. Tit1e Guaranty Company that the real estac.etransfer tax assessed by the Town of Vail haa been paid or t,hat the transactl_on is exempt frorn said tax. 6. Partial Release of Mortgage, releasing subject property, from Colorado Mountain Coflege Foundation as Grantor and First Interstate Bank of Denver, N,A. as Trustee and Colorado Mountain ,Junior College District a€ l66uer, Colorado Mountain ,Junior College District Series 1985 Certificater Mortgage andIndenture of Trust in the amount of $5,985,000.00, dated Decenber L, L985 recorded February 5, L986 in Book 435 at Page 938 as Reception No. 3321-92. NOTE: ThiE iE the only monetary amount ehown. NOTE: Appears to encuhber addiLional property. 7. Terminat,ion by Mansfield, Ltd., a colorado ]irnited partnership of the right toreaequire subject property under certain conditions, in the Notice of Right executed by First Municipal Leasing Corporation and Colorado Mount,ain .funior College District and Mansfield Ltd., a Colorado linited partnership recorded ,June 15, 1984 in Book 387 at Page 628 a6 Reception No. 283930. 8. Termination by Mansfield, Ltd., a Colorado lirnited partnerahip of t,he right toreacquire subject property under t,he condition lhat subject properhy is no Ionger an "educational and learning facility" in the Notice of Right executed byFirst Munici.pal Leasing Corporation, Colorado Mounlaln ,.Tunior CoIIege District and Mansfield, Ltd. recorded June 15, 1984 in Book 387 a! Page 529 as ReceptionNo. 283931. -1- Continued on ne)<t page Continuation of Schedule B - Section 1 Order Nuhber: 05036440 9. satisfactory evidence of compliance of the uerm6 of the Notice of Right ofFirst Refusal recorded June 15, 1984 in Book 387 at Page 530 as Reception No. 2A3932 and aE modified by Notice Concerning it recorded February 5, l-986 in Book 435 at Page 936 as Reception No. 332190, wherein Cascade lJodge Joint venture, a Colorado joint. wentsure waE granted a right of first refusal to purchase subject property. L0, Termination by Colorado Mountain College Foundation, acr lessor and Colorado Mountain ,Junior College Districb, as lessee of the Master Leaae purcha6e Agreement recorded February 5, 1985 in Book 435 at Page 937 as Recept.ion No. 332LgI. l-1. RE: Colorado Moutrtaj-n College Foundation, a colorado nonprofit corporation: The company requires for its rerriew a copy of the ArticJ-es of incorporation andbylaws, a satisfactory Resolution of the Board of Directors authorizinq the proposed transaction. NOTE: Colorado llountain ColJ-ege Foundation is a corporation in good standing per Colorado Secret,ary of State. 1,2. Articles of organization for 1310 Buffalo Pf,opert.ies, LLc, a eol-orado Limit.ed Liability Company and Statement of Aut.hority. 13. Deed from Colorado Mountain College Foundation, a Colorado nonprofit corporation, vesting fee simple title in 13L0 Buffalo properties tLC, a Colorado limited liability company. NOTE: NOTATION OF TI{E LEGAIJ ADDRESS OF THE GRANTEE IIIUST APPEAR ON THE DEED AS PER T975 AI.{ENDMENT TO STATUTE ON RECORDTNG OF DEEDS CRS 38-35-109 (2} . Order Number: oso3E44o SCIMDI.JLE B Section 2 . EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or ciaims of parties in possession, not shown by the public records. 2, Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises wouid disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective.date hereof, but prior to the date the prop-osed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof: water rights, claims or title to water. 7. Any and all unpaid t,axes and assesEments and unredeerned tax sales. 8. The effect of incLusions in any general or specific water conserwancy, fireproEection, soil conservatlon or other district or inclusiorr in anv water service or street improvement area. 9. Reservations or exceptions cont.ained in U.S. Pat,enta, or in Acts authorizing the issuance lhereof, recorded Augu6t 16, L909 in Book 4g at page 542 reserwing 1-) Rights of the proprietor of a wein or lode t,o extract and removehis ore therefrom and 2) rights of tvay for ditches and canals const,ructed, und.erthe aughority of the United States. l-0. Declaration Creatj.ng Covenants, CondLtions, Reslrictiona and Easements for cascade Village recorded .IuIy 17, 198L in Book 325 at, Page 255 as Reception No, t))a1e 1i.' Agreement by and between Holy crosE Electric Association, rnc., a coloradoCorporation, Cascade Lodge, a Colorado Joint venture and Mansfield Lrimited, aColorado Limited Partnership recorded Au$rst 26, f982 in Book 344 at page glL as RecepEion No. 241156. 12. Underground Right of Way granted by Mansfield Limited, a CoLorado tirnitedpartnership to Holy Cross Eleclric Association, Inc., by Document recorded Auglrs t' 30, 1982 in Book 344 at Page 923 as Reeeption No. 241259. 13. Underground Right of way granted by Mansfield Limited, a CoLorado timitedpartnershiP to Holy Cross Electric Association, Inc., by document recorded Noveadcer L2, l-982 in Book 348 at, Page 554 as RecepLion No. 245005. 14. Applicalion for Rewocabf.e Permit !o Erect or Maintain a Structure on a Pub1ic Cont,inued on next page Continuation of ScheduLe B - Section 2 Order Nurnber: 0503 5440 Right of way recorded ,fune 15, 1984 in Book 38? at page 631 as Reception No. 283933 15 - A1l- matters shown orl the map of Colorado I'tountain Condcqriniurns recorded .fune15, 19894 in Book 387 at page 520 as Reception No. 283922. 15- condominium Declaration for coLorado Mountain Condorninium record,ed ,June 15,L984 in Book 387 at page 519 as Receptsion No. 283921. J-7. Conveyance of Easement recorded November 2, L984 in Book 398 a!' page g29 asRecept,ion No. 295120. 18. Declaration of Reciprocal Easement,s recorded ,Iune 23, 1982 in Book 464 at paqe 885 as Reception No. 351110. L9. Declaration of Reciprocal Easements recorded June 23, 1987 in Book 464 at paqe 884 as Reception No. 351109- 20. Easernents between Colorado Mountain College CondominLr:.ur Association an4Ancillary Trust., recorded October 21 , ]996 i.n Book 709 at page 2G as ReceptionNo. 605006 and in Book 709 at page 2? as Reception No. 605007. 2L. Notice of Right of First Refusal by First Munj.cipal Leasing corporation, Colorado lqountain Junior College District and Cascade lJodge ,foint venturerecorded .fune 15, 1984 in Book 387 at page 530 as Reception No. 283932 andNotice concerning it recorded February 5, 19gG in Book 435 at page 93G asReception No. 3321-90. 22. Ar:y and all existing leases and tenancies. NOTE: EXCEPTIONS 1 AND 4 ASOVE WIITIJ BE DELETED ON THE FINAL OUINERS pOLICy, PROVIDED BOTI{ SEIJITER(S) AND PI]RCHASER (S) EXECIITE THE HEREIN REQUIRED AFFIDAvITS AND SAID AFFIDAVITS ARE APPROVED BY THE CO}TPANY. EXCEPTIONS 2 AND 3 WILI BE DELETED ON TIIE f INAL, OWNERS POLICY. EXCEPTION 5 WILIJ NOT AppEAR ON TIiE OlrrNERs OWNERS POIITCY, AND GAP PROTECTION WILL BE GRANTED PROVIDED THAT STEWART TITTEOF EAGLE COI'IflTY PERFORMS CTOSING DI SBI'RSEMEIETS AND RECORDING OF AtIJ DOCUMENTS. SEE II DI SCIJOSITRES N INCIJUDED HEREWITH . DISCLOSURES Pursuant to C.R.S. 10-11-122, notice is hereby given that THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT: A CERTIF]CATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AIJTHORiZED AGENT; INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS. THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that ,,Everv tirle entity sliall be responsible for all matters which appear of record prior to the time of recording whenever thl tirle entity conducts the closing and is responsible for recording or filing of legal documents r-esultiug fiom the transaction which was closed." Provided that Stewart Title of Vail, Inc. conducts the closing of the insured transaction ald is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the ComniitDlent from the Owner's Policy to be issued) upon compliance with the followine conditions: A. The land described in Schedule A of this commitment must be a single family residence, which includcs a condominium or townhouse unit- B, No labor or materials have been furnished by mechanics or materialmen for purposes of construction orr the land describecl in Schedule A of this Commirment within the past 6 monrlts. C. The Company rnust receive an appropriate affidavit indemnifying the Compmy against unfile<l rnechanic's and materialmen's liens. D. The company must receive payment of the appropriate premium. E. If there has been constmction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded licns will include: disclosure of certain construction information; financial informatiol as to the selier, tlie builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Compalry. No coverage will be given under any circllrnstances for labor or material for which the insurecl has contracted for or agreed to pay. (A) (B) (c) NOTHING I{EREIN CONTAINED WILL BE DEEMED TO ANY OF THE COVERAGES REFERRED TO I{EREIN FIJT,I,Y SATISFIED. Order No. 05035440 Disclosures (YSDD) Rev. 10/99 OBLIGATE THE COMPANYTO PROVIDE IJNLESS TTIE ABOVE CONDITIONS ARE STEWART TITLE GUARANTY COMPANY Privacy Policy Notice PURPOSE OF THIS NOTICE Titlc V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its atliliates, frorn sharing nonpublic personal information about you with a nonaffiliared third pa y unless the inst.itution provides you with a notice of its privacy policies and practices, such as the type of rnformarion that it collects about you ancl the categories of persons or entities to whon it may be disclosed. In compliance with tbe GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title Guaranty Company. We may collect nonpublic personal information about you from the following sources: -- Information we receivc from you, such as on applications or other forms. -- Information about your transactions we secure from our files, or from our affiliatcs or others. Information we receive from a consumer reporting agency. -- Infbrmation that we receive from others involved in your transaction, such as thc real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about yon. We may disclosc any of the above inlormation that we collect about our customers or forurer customers to o1r affifiates or to nonaff]liated third parties as permitted by law. We also may disclose this information about our customers or former custoners to thc following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreen]ents: Financial servit:e providers such as companies engaged in banking, consumer finance, securities ald insnr1nce.-- Non financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PtrRMITTED BY LAW, We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural sateguards that comply with federal regulations to guard your nonpublic personal information. File No. 05036,90 Stewart Titl€ of Vail, Inc. Privlcy Policy Notice (Plge 1) Rev. 07/200r IPPNI) STEWART TITLE OF VAIL, INC. Privacy Policy Notice PURPOSE OF THIS NOTICE Titlc V of the Gramm-Lcach-Bliley Act (GLBA) generally prohibits any financial institution, directly or throu.qh its afTiliates, frorn sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of informarion that ir collects about you :urd the categories of persons or entities to whom it may be disclosed. In compliance with thc GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stervart Title of Vail, Inc. We may collect nonpublic personal informatton about you from the following sources: -- Information we receive from you, such as on applications or other forms. -- Information about your transactions we secure frorn our files, or from our affiliates or others,-- Information we receive from a consumer reporting agency. -- Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic Dersonal infbrmation will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonatTiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joinL marketing agreements: Financial service providers such as companies engaged in barking, consumer finance, securities and insurance.- Non-financial companies such as envelope stuffers and other fulfiliment service providers. WE DO NOT DISCLOSI ANY NONPUBLIC PERSONAL INF_ORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW, We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, elecrronic, and procedural safeguards that comply with 1'ederal regulations to guard your nonpublic personal informatlon. File No. 05036440 Stewlrt Title of Vril, lnc. Priv:rcy Policy Notice (l'!ge 2) Rev. 07/2001 (YPPN2) ********+:*+***+***************************:****,n***********************i***********+***,***,*,i,t* TOWN OF VAIL, COLORADO Statement **** ** *** **** * **** * * * ** ** * *** ****** ** ************* ++++***** ****** * * ** * ******** 't !* * ** *** **,* * * * Statement Number: R050001742 Anorrnt: $5,000.00 LO/L7/200503:07 pM Pa)rment Method: Check Init : ,fS Notation: 2OL2/L3LO BUFFA],O PROPERTIES Permit. No: P8C050082 Type: PEC -Major SDD Amendment Parcel No: 2IO3 -I2I-L4OO-4 Site Address: 1310 WESTHAVEN DR VAIL Locationr 1310 WESTIIAVEN DR.. IJNIT C202 Total Fees: $6, 000.00This Pay.ment: $5,000.00 Tota1 AIrL Pmts: $6,000.00Balance: S0 .00:*****,! *,N( **** * ** ********** * *** +*+*** ** *********** *********** ****** * * * * * ******** * * * ** +'N.+ *+4. * * * ACCOUNT ITEM LIST: Accourt Code Description Current Pmts PV OO1OOOO3L725OO PEC APPIJICETTON FEES 6,000.00