HomeMy WebLinkAboutVAIL VILLAGE FILING 1 BLOCK 5D LOT O COMMOMProject Application
out" -/ l' '7 ' ?O
Proiect Name:
Proiect Description:
Contact Person and Phone
Owner, Address and Phone:
Architect, Address and Phone;
Legal Description: tot 4 , Btoct ritinglJ,V.'/4 a 14 , Zone
-
Comments: /Oct F. /4 " .f^r. \,.t ,
Design Review Board
aur" //, 2. 7 A
1-o DISAPPROVAL
H 1,_#^#, .
Dale:
El stati Approval
l4lll YY('rw:DRA IPPITICAIION
APPIJICATION RECEIVED :
DATE OF DRB IIIEETTNG:
/0.29 .?o
tt,2,?o
*****THrs APPLTCATToN wrLL Nor BE ACCEPTED UNTrL ArJrJ rNFoRl{.ATroNrs SUBMITTED*****
I. PRE-APPLICATION }IEETING:
A. pre-applLcatLon meeting with a plannlng staff member isstrongly.suqgested to determlne Lf any addJ-tLonall-nformation ls needed. No anoll-catloir wlll be accent-prl
lhe zoning Edrninistrator). It is the appllcantrJresponsibility to roake an appointrnent wlttr ttre staff to findout about additional subrnittal requirernents. please notethat a COMPIJETE appl.ication will streamlLne the approvalprocess for your project by decreaslng the number ofconditions of approval that the DRB rnay stipulate. ALLconditions.of approval must be resolved before a buildingpennit is issued. Application will not be processedwithout Ownert s Signature. ..
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B.
A.PROJECT ESCRIPTION:
IOCATION
Address
Legal Description Block
,Subdlvision ing
C. NAME OF APPLICANT:
Mailing Address:
D. NAI'IE OF APPLICANT'S REPR"ESENTA
Malling Address:
Phone
PROPOSAL:
Phone
aE.NAME OT OWNERS:
SXGNATURE (g' :
Malling Address:
r.
G.
Condorninium Approval if applicable.
DRB FEE: The fee will be oaid at the time a buildinoperrnit is paid for.
VALUATION
$ o-
$ 1O,OO1 -$ 5o,ool- -
9150,00L -
$50O,001 -$ over
C9,
FEE
$ 10,0o0$ 50, ooo
I L50,000$ 5oo, ooo
$L, ooor ooo
$1, ooo, ooo
$ 1o.oo xI 25.00
$ 50. oo
$100. oo
$2 0o. o0
$3 00. oo
l
II. IUPORTANT NOTICE REGARDING ALL SUBI.TISSIONS TO THE DRB:
A. fn addition to rneeting subnittal requirements, theapplicant must stake the site to lndicate propertyll.nes and building corners. Trees that wlll be removedmust also be marked. This work must be completedbefore the DRB visits the site.
B. The revien process for NEW BUILDINGS will norrnallyinvolve two separate meetings of the Design RevLewBoard, so the applicant should plan on at least twoneetings for a final approval.
C. Applicants who fall to appear before the Design Review. Board at their scheduled neeting and who have not askedfor a poetponement wil.l be reguired to be republished.
D. At the dlscretion of the zoning adminlstrator, thefollowing l"tems may not have to be presented to the
Design Review Board. They, however, have to bepresented to the Planning Department for approval:
a. Windows, skylights and simiLar exterior changesthat do not alter the existing plane of thebuiLding; and
b. Bullding addltions that are not vlewed from anyother lot or public space, which have had letterssubnitted from adjoining property olrners approvingthe addition; and/or approval frorn the agent for,or manager of a condominium assoclation.
E. You may be required to conduct Natural Hazard Studl.eson your property (i.e. snow avalanche, rockfall, debrisflow, wetLands, etc). You should check wl-th a Town
PLanner before proceeding.
SENT BY:CAPA
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FAX MACFIINE TRANSMI TAL FOBM
DATE
TO:
TE.EGOW NUMBER:
TETFHONE NUMBER;
/,M, {fr,9t€-
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CHGAM ASSOCIA;TES PTANNENS AIIID ARCHTTE$TS
NUi,IBER OF COFIES SENDNNG (|NcLUDlNe COVER SneErI .4 .,..
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NOTE: THIS PERMIT MUST BE POSTED ON JOBSITN Et T,T,T, TIMES
aoo/er,t coMM BUILD PERMT Permit #: 895-0349TOWN OFVEN
75 South Frontage Road
Vail" Colorado 81657
970-479-2r3V479-2139
FAX 970-479-24s2'
APPLICANT
CONTRACTOR
OWNER
Description:
Job Address:
Location. . . :Parcel No..:Project No.:
1OO E MEADOW DR
2toI-082-55-001
8t632
81632
Add Sq Ft:
.00
20.00
SIGNATURE
D epartment of C ommunity
Status. . .
Applied..
fssued. . .
Expires. .
Development
ISSUED
to/0s /Leel
t0 /05 /teelo4/02/reel
TARA MASONRY,P O BOX 146,
TARA MASONRY,P O BOX 146,
A],PENROSE
75.00
48.75
INC
EDWARDS
INC
EDWARDS
Restuarant Ptsn Revi e!r-->
DRB Fee--------
co
co
Phone: 3039262150
Phone: 3039262150
PLANTER ADDITION
, Occupancy: 82
Type Construction: V N
Type Occupancy:
VaLuation:
Fireplace Information: Restricted:
B2
Type V Non-Rated
**********l.***fi**ffi*ffi*ffi**ffi*L*ffiffi* FEE SUltt{ARy *i**ffi#ffiff*********f,**,***** lnhHrrt*rH**trftit*
2,500
#0f Gas App t ianccs:#of Gas Logs:#0f ltood/Pa I tet:
Total Catcutated Fees---> ?46.75
Additionat Fees--------> .@
Dept: BUILDING Divisiont
Dept: PLANNING Division:
Dept: FIRE Division:
Dept: PUB I{ORK Division:
Investigation> .00 Recreation Fe3----------> .00 Totat pernit Fee--------> ?15.75tli tl, cal,l,----> 3.00 ctcan-Up Deposit-------> 1OO.O0 paymenls--------> 246.75
TOTAL f EES--_-ffi *ffi***ffi rffi rffir#**ffi *ffi fr :Hr**ffi ff *ff ffi *ffi rHrtJrrrt**t**tr**ffi ffi **rffi *ffiffi *
Bui tdi ng----->
Plan check--->
Item: .05100 BUILDING DEPARTMENT70/05/7995 DAN Action: AppRITE,n:'.O54OO PLANNING DEPARTMENTlO/O5/1995 DAN Action: APPRIIEm:..05600 FIRE DEPARTMENT10/05/1995 DAN Action: AppRIIEm:'.O55OO PUBLIC WORKSLO/O5/L995 DAN Acrion: AppR
fi(ffiffi*ffiffit**tffiffiffi***'h'r***lrffi*ffiffiffi*****ir****ff**lrt*ffi*ir*#*rrtr**ffi*ffiir*t****fir*fir
See Page 2 of this Document for any conditions that may apply to this permit.
DECLARATIONS
I. hereby .acknowledge that I have read.this apptication, f il.l,ed out in futt thc infornatiocr regui red, compteted an accurate ptot
Ptan, and state thEt att the inform€tion provided as requi red is correct. I agfee to coqly r,ii th tire information and ptot il,an,to.co[pty trith al'l' Tovn ordinancas -and state taws, and to buitd this structure according io- thc Toun,s zoning and subdivisioncodes, design reviev approved, Uniforn Buitding Code and other ordinances of the Tor,n aFpticabte thereto-
REAUESTS FOR INSPECTIONS 5HALL BE I{ADE TI,'ENW-FOUR HOURS IN ADVANCE BY TELEPHONE FICE tRo S:00 A[
Send C lean-Up Deposit To:
{S^"*uoruo
...fofilv
e7o - 479-2 I 3 8/479-2 I 3 9
WWr?ffiz ADD/ALT coMM BUrLD PERMT- Applicant: TARA MASONRY, INC
30392 621s 0
Job Address:
Location:
Parcel No: 2101-082-56-001
Description:
PLAI{TER ADDITION
Conditions:
1. FIRE DEPART!4ENT APPROVAL IS REQUIRED BEFORE
STARTED.2. FIELD INSPECTIONS ARE REQUIRED TO CHECK FOR
**************************************************************
Applied: Lo/O:5/!995
Issuedr lo/05/1995
To Expire t 04/02/!996
ANY WORK CA}I BE
CODE COMPLIANCE.
t7 **"uo'uo
PERI.IIT APPLTCAITOI FORT,T
DATE:
Legal Description: rn|-_g/ ntoeL .fap'ett
Owners Name:
' T/^,lt ^-^// 'APw.re rroN I'tusr BE FrLr.ED our col.tpr,ETErry oR trlW.W,
******* ****!r*********l**** ** pEnurr nrpoailarroil{ *rrr*.*******l
I l-Electrlcal I
Job Name:
Architect:
General Description:
Nunber of Dwelling Units: _
Job Addrees:
[ ]-other
Address:
BxeLa*
.Work Class: I J-New I l-AlteratLon [ ]-Aclditional [ ]-Repair [ ]-other_
t
Nunber of Accomnodatlon Units:
Ph.
^ llpmber and Tlpe of Firepraces: Gas eppriances- cas r€gs l{ood,/perlet_vlr********************************* VN;uATIONS ******************************it**'v 1A\JUly-lL,pllgr 1^_2LJ 00. - ErJEerRrcAr.: t_ ornER:
lLUuBrNc:
lzx #qNTA4gI9R INFqRMATION * * * * * * * * * * * **** * * * * * * * * * * *
Electrical Contractor: ..-yt--1t-..4e 07> - o JvT
Address: . - - \r Town of VaLl neg. NO._
Plunbing Contractor:Ailffi;: r'\""'rcrtr;'|'('L' ')A/37a:s , -T:T^".fr ysil,n"s. NO.
Phone Nurnber:
Mechanical contractor: qta-a1 Town of varl Reg. No._Address: phone Nunber:
***
F;r:::,"""'T7:H,'raH-;;'tilb'4?Fry"'"ri6-;i-;;iir'i,:-;;jiT5Phone Number: 426- Z@
?5- o'3
********************************FORBUILDING PERUTT FEE:PtI'}!BING PERIITIT FEE:
I.IECTIAIITCAIJ PER!'IT FEE:
ELECTRTCAI, FEE:
OTHER TYPE OF FEE:
DRB FEE:
oFaIcE USE ** * ** * **** * * * * * * * ********* *****
BUTLDING PIJAN CHECK FEE:
PLT,IIIBING PIAN CIIacK FEE:UECIIAI{ICAI PIjAIT CTTECK FEE3
RECRTATION FEE:
CLE,AN-UP DEPOSTT:
BUTLDTNG3
STGNATURE:
zoNfNcs
SIGNAIIT'RE!
CI.EAf, TTP DTPOSIT NFT'f,D !O:
t:MEMORANDUM
ALL CONTRACTORS
TOWN OF VAIL PUBLTC WORKS DEPARTMENT
MAY g, 1gg4
WHEN A ''PUBUC WAY PERM|I'*IS BEOUIRED
.TO:
FROM:
DATE:
RE:
Job Name:
Date:
Please
1)
2)
ls this a new residencs?
ls demolition work being performed
that requires the use of lhe right
of way, easements or public propegy?
ts any utility work needed?
ls thE driveway being repaved?
ls different access needed to site
other than existing driveway?
ls any drainage work being done
affecting the right ol way, easements,
or public property?
ls a "Revocable Right CI Way permit'
required?
YES
/_"__-
NO
/
/
/-.-*
3)
4)
s)
6)u
7)/_/
8) A. ls the right of way, easements or
public property to be used for staging,
parking or fencing?
B. It no to BA, is a parking, staging
or fencing plan required by Community
Development?
!f_V9u- algwered yes to any of 'these questions, a 'Public Way permit" musl be oblained.?ublic Way Permit' applications may be obtained at the public Work's otfice or atCg.Ttqtultty Development. ll you have any questions please caltCnarlie Davis, the Townof Vail Construction Inspector, at.479-21 Sg.-
I havg read and answered all the above orre-ctioncread and answered all lhE above questions.
lowtt
75 rculh trEn|!g. rord
U|al, colortdo StSSt
(3ost 479-2t,3E ot 479-2139
o
lOs
FROM:
DATE:
suB.TEgt!
Read and acknosledged by:
Ar..L coNrRAclrloRs cuRREltrLyL REGTSTERED l{rrrr TIIETOVIN OF VAIL
.
TOWN Or VArL PUBLIC WORKS/COUUINITT DguEIOpUENt
uaRcH 16, 1988
CONSTRUqf,TON PARKTNG & MATERTAIJ STORAGE
rn sunrnary, -ord5.nance No. 6 states that it_ls unrawful for anyperson to ritter, track or aep-sii. "tiy-riirl-"IJi, sand, debrisor nateriar, incruding trash i'npsteri, fi#"brJ''toirets andworknen vehictes. upon-any street', sia"rai[, -;iily or publicplace or anv porti-on th;i";i.--iire right-of-way on arr Town ofvail streetl lnd.roads is approiirnolEiy-s-it.-iti pavenent.This ordinance wr' be ;tti;ii;-entorced by the Torn of var.rPublic l{orks oepartuent. --p"i=ins touna vriratrni this ordinancewilr be siven a 24 hour *tiit"i-i"ii""-t"-;;;;:"."id nateriar.rn the event the'erson so notitiea.aoes-not liiprv rith thenotice within ao:^_r1 rrour tirne-Iiectried, the puLric !{orksDepartuent wilr renoie saict nateiiar ii-it "-'I*pli=e of personnotiried- rhe rroviri""r-"r-Iiii-."aii"# :fifii not beapplicable to c-onstruction, *iri"rr"rree or repair projects ofany street or atrey: or any'utiiiii; -i; 6.-;iil;_a_w!y.
To-review ordinance No. 6 in ful}, please stop by the Town ofvail Buirding Departuent to "riiin a copy. rlanic you for youreooperation on this natter. --Er ' "'qr'r\ Jeu rsr your
(i.e. contractor, owner)
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FritzlenPierceBriner
ancurrEcrunE pr-nNNrNc wrnnrons i0V . {,0MM. DEV. DEPT.
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TOWIIOFVAIL
75 South Frontage Road
Vail, Cobrado 81657
303-479-2107 / FAX 303-479-21s7
t-€-c: Mike Mol-lica
Enclosure
Ofice of Town Attorney
April 26, l-994
Corky MessnerAttorney at Law
1?17 Washington Avenue
Golden, CO 80401
Dear Corky:
As you requested, I have enclosed a copy of Town of Vail Municipal
Code Chapter 18.57., Employee Housing.
rf you have identified an owner of a condominium unit or dwellingunit who is willing to deed restrict that property as an ernploye-.housing unit that meets the specifications of our Employee HbusingProgram, as amended from time to time, it would be acceptable todeed restrict that property and thereby create an emproyee housingunit. within t,he Town of vail. This wourd rerieve Lhe obligation oihaving to find a unit on the market, deed restricting it, andra<a'l I i nrr t-ha rrnir-
rf you have any guestions or conments, pl-ease feer free to contactmyself or Mike Mollica.
Very truly yours,
Town Attornev
MEMORANDUM
April 15, 1994
Cisero EHU
Mjke, on April 14, 1994, I received a telephone call from Corky Messner, attorney at law, (278-
3300) following up on our meeting with Ken Wilson.
Corky inquired as to whether or not Cisero could meet his requirement of providing an employee
housing unit by locating a unit that is presently owned by an individual wtro meets the employee
housing restrictions and placing deed resrictions upon that property. This would a/oid his having
to locate a piece ol property, acquire it, and ttren resell it as an employee housing unit.
.,*
.1,A9,?.I \;".-rr,-( ,^-/ Tb
f,
Tom MoorheadFR:
DA:
RE:
Please aduse me ot your thoughF in this regard. Thanks./6*
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An
'RDTNAN.E
coNsnrunNc A mA,oB A*END*ENr ro spE'A. g#*+b- "$.*DEr! rcr No. 6 ; niienrx c a"o n eenrcfr fr85 g"Tbtl ; iffffib,"-Trft?"[6.T.i G' t
sERlEs oF 1987, To AMEND THE coNDlTloNs oF APPROVAL FoR UNIT No.30,
PHASE l, vAlL VILLAGE PLAizA Got{DolilNruMS; AND SETnNG FoRTH oerrurc in
REGARD THEBETO.
BE 1T ORDAINED by the Town council of the Town of vail, cotorado as foloyvs:
Seclion 1 - leoislative Intent
A. On November 21, 1989, the Torn Councilpassed frinance No.24, Series of
1989, ametdir€ Sec{ion I of Ordinance No. 14, Series of 1987,by tre addition of
Subsection 9 placing certain restrictions on the use ol condominium unit No. 30
of he VailVillage Plaza Condominiums.
An application has been made to the Town of Vail to repeal Subsection 9 of
Section 11 of Ordinance No. 14, Series of 1987.
The Planning and Environmental Commission of tre Town, on December 7, 19g2,
held a hearing on the proposed amendment and has submitted ib
recommendation to the Town Council.
The Town Council finds that the review criteria of the Town of Vail Special
Development District Ordinance is met by the proposed amendment.
Section 2
Subsection 9,8 of Section 11, Ordinance No. 14, Series ol 1987, is hereby repealed and
reenacted to read as follows:
A. The applicant or his suc@ssor in interest shall provide the Gommunity
Development Department of the Town ol Vail with prool of ornerchlp ol an
employee housing unit (EHU), in a form acceptable to tre Torrn Attomey. Said
EHU shall meet the following terms and conditions:
1. lt shall consist of a minimum of 700 square teet of gross residential floor
area (GRFA);
2. lt shall have a minimum of two bedrooms;
3. lt shall be located within the municipal limits of the Town of Vail;
4. lt shall be a unit which, prior to the efte6{ve date ol this ordinance, was not
restricted as a Town of Vail Employee Housing Unit;
B.
c.
D.
It shall include two on-site parking spaces gg it shall include one on-site
parking space and shall be located on the Town's municipal bus route.
It shall not be divlded into any form of time shares, cost shares, interval
ownerships, or fractional fees;
It shall be leased only to tenanb who are tull-time employees who work in
Eagle Gounty. For the purposes of this section, a full-time employee is one
who works an average of a minimum of 30 hours per week;
It shall not be leased for a period less than 30 consecutive dap;
No later than February 1st of each year, the owner of the employee
housing unit shall submit two copies of a report on a form to be obtained
from the Community Development Department, to the Gommunity
Development Department of the Town of Vail and fre Chairperson of he
Town ol Vail Housing Authority, setting forth evidence establishing that
each tenant whom resides within tre employee housing unit is a full-time
employee in Eagle County;and
The provisions set torth in this Section shall be incorporated into a written
agreement in a form appro.,,ed by iha Town Attomey which shall run with
the land and shall not be amended or terminated without the written
approval of the Town of Vail. Said agreement shall be recorded at the
Eagle County Clerk and Recorder's Office.
Section 3
lf any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not atfect the validity of the remaining
portions of this ordinance; and the Tonrn Council hereby declares it would have passed
this ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentsn@s,
clauses or phrases be declared invalid.
Section 4
The Town Council hereby finds, determines, and declares that this ordinance ls necessary
and proper for the health, safely, and welfare of the Town of Vail and the anhabitants
thereof.
5.
6.
7.
8.
9.
10.
>
I
,
'
o
Sec'tlon 5
The repeal or the rcpeal and rcenacfrnont ot any provtsion of tre Munlcipal Cocle ol the
Town of Vail as provided in this ordinance shall not affect any right whicfr has a@rued,
any duty imposed, any violation that occurred prior to the eftective date hereof, any
proseortion commencsd, nor any other action or procoedings :ls commencsd under or by
viftte of the provision repealed or rcpealed ard reenactod. The repeal of any provision
hereby shall not revive any provision or any ordinance previously repealed or superseded
unless expressly stated hersin.
Sectlon 5
All bylaws, orders, resolutions, and ordinances, or parts thereol, inconsistent herewith are
repealed to the extent only ot sucfr Inconsisbncy. This repealer shall not be construed
to revise any by'aw, order, resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIBST
READING this
-
day of 1992, and a pubtic hearing shail be hetd on this
@inance on the day of . I 992, at 7:30 p.m. in the council chambers of fte vail
Municipal Building, Vail, Colorado.
Ma€aret A. Osterfoss, Mayor
ATTEST:
Town Clerk
READ AND APPROVED ON SECOND READ]NG AND OBDEBED PUBLISHED
this _ day ol_, 1993.
Margaret A. Osterfoss, Mayor
ATTEST:
Town Clerk
TO:
o
iI6EnfiORANDUM
Planning and Environmental Commission
Community Development Department
December 7,1992
A request for a major amendment to SDD No. 6, to remove a previous
condition of approval for Unit No. 30, Phase I, Vail Village Inni100 East
Meadow DriveA/ail Village Plaza Condominiums.
Applicant: BSC of Vail Colorado, L.P./Frank Cicero, Jr.
Planner: Mike Mollica
FROM:
DATE:
SUBJECT:
DESCRIPTION OF THE REQUEST
The applicant, Frank Cicero/BSC of Vail Colorado, is requesting a major amendment to
Special Development District No. 6 (Vail Village lnn) in order to remove a previous
condition of approval for residential Unit No. 30, located in Phase l. The applicant is ----
requesting that Section 2, B of Ordinance No. 24, Series of 1989, be eliminated. This
section of the Ordinance places certain rental restrictions upon condominium Unit No.
30 of the Vail Village lnn Plaza Condominiums. Specifically, Section 2 of the
Ordinance reads as follows:
"Condominium Unit 30 of the Vail Village Plaza Condominiums
shall be subject to the restrictions of Section 17.26.075 of the
Town of Vail Subdivision Regulations if utilized for residential
purposes. The Town Council hereby finds, determines and
declares that this Ordinance is necessary and proper for the
health, safety and welfare of the Town of Vail and the inhabitants
thereof.'
The appllcant ls requestlng that Town approval of the request be sublect to the
following condltlon:
- "Removal of restrlctlon effectlve upon the flllng with the Town of Vail
prool of ownershlp of a two-bedroom property wlthln the Town of Vall
whlch shall have lts use restrlcted to rental purposes."
II. BACKGROUND AND HISTORY
The following outline reconstructs the planning processes which occurred in 1989, and
. in 1992, allowing condominium Unit No. 30 of the Vail Village Inn Plaza Condominiums
to be converted from commercial use to residential use.
a. September 26, 1989 - The Planning and EnvironmentalCommission
recommended denial of the request to amend Special Development District No.
6 (Vail Village Inn) to increase the Gross Residential Floor Area by 6,000
square feet. This amendment would allow the applicant to convert an existing
commercial space (Good's) to a residential unit. The PEC recommended denial
of the request, by a vote of 4 to 3, finding that a loss of commercial space in
the core was not appropriate.
b. October 17, 1989 - Ordinance No.24, Series of 1989 (First Reading) was
reviewed and discussed by lhe Town Council, Subsequently, the Ordinance
was tabled until the next evening meeting.
c. November 7, 1989 - Ordinance No. 24, Series of 1989 (First Reading) was
again reviewed by the Town Council. After discussion, the Town Council
approved the Ordinqnce unanimously, by a vote of 7 to 0.
November 21, 1989 - Ordinance No. 24, Series of 1989 (Second Reading) was
unanimously approved by the Town Council, by a vote of 7 to 0, on the consent
agenda.
August 24,1992 - The PEC unanimously recommended denial, of a request for
a major amendment to Special Development District No. 6 (Vail Village lnn) in
order to remove a previous condition of approval for residential Unit No. 30,
located in Phase l, by a vote of 7 to 0. The request was for Section 2, B ot
Ordinance No. 24, Series of 1989, to be eliminated. This section of the
Ordinance places certain rental restrictions upon condominium Unit No. 30 of
the Vail Village Inn Plaza Condominiums.
September 15, 1992 - Ordinance No. 26, Series of 1992 (First Reading) was
unanimously denied by the Town Council, by a vote of 6 - 0 - 1 (Bob Buckley
abstaining).
d.
e.
2
III. SPECIAL DEVELOPMENT DTSTRICT CRITERIA
The criteria to be used to evaluate this proposal are the nine Special Development District
($DD) development standards set forth in the special development district chapter of the
Zoning Code. The criteria are as follows:
A. Deslgn compatlbllity and sensltlvlty to the lmmedlate envlronment,
nelghborhood and adfacent properties relative to architectural design,
scale, bulk, buildlng helght, buffer zones, ldentity, character, vlsual
htegrlty and orlentation.
This request involves no physical changes to the existing building, architectural
design, character, or any of the other review criteria stated above. The staff
believes that this development standard is not applicable to the applicant's
request.
B. Uses, activity and denslty which provlde a compatlble, efficient and
workable relatlonshlp with surroundlng uses and actlvity.
As indicated in previous staff memorandums regarding the redevelopment of
this condominium, the staff continues to recognize the difficulty of supporting
second and third floor retail uses within this part of the Village. We also
continue to support the goals of the Land Use Plan, as well as the Vail Village
Master Plan, which indicate that one of the methods of strengthening and"-
continuing the existing Village Core vitality is to encourage both high-quality
relail and a short-term bed base. Additionally, because the applicant's original
requesl was for an increase in density (i.e., GRFA) the staff continues to
maintain that there should be a positive benefit to the Town, as well as a
furtherance of the Master Plan's goals, for the approval of the requested
increase in density.
Initially, the applicant's request did not include the restricted employee dwelling
unit and the staff was of the betief that the condominium should be utilized
primarily for tourist-oriented accommodations and, thus, should be restricted
according to Section 17.26.075 (Condominium Conversion) of the Town of Vail
Subdivision Regulations. A copy of this Section of the Subdivision Regulations
is attached to this memorandum. The stalf does, however, recognize the need
for permanently restricted employee housing within the Town's municipal limits.
The Town's employee formula calls for 0.4 employees per multi-family
residential unit. We believe that the applicant's request, to provide one
permanently restricted two-bedroom employee dwelling unit within the Town,
would be a positive benefit to the Town, meets the Town's employee formula,
and would further the goals of the Town's Master Plans.
C. Compllance wlth parklng and loadlng requlrements as outllned In Ghapter
18.52.
The Town's parking and loading standards for resldential use have been met
with the conversion of condominium Unit No. 30 from retail commercial to
residential.
D. Conformlty with appllcable elements of the Vall Comprehenslve Plan,
Town pollcles and Urban Deslgn Plans.
The followlng sectlons of the Town of Vall Land Use Plan speclflcally
relate to thls proposal:
Villaoe Core-Lionshead
4,2 - Increased density in the core areas is acceplable so long as the
existing character of each area is preserved through
implementation of the Urban Design Guide Plan and the Vail
Village Master Plan.
Residential
5.3 - Affordable employee housing should be made available through
private efforts, assisted by limited incentives, provided by the
Town of Vail, with appropriate restrictions.
5.5 - The existing employee housing base should be preserved and
upgraded. Additional employee housing needs should be
accommodated at varied sites throughout the community.
The followlng sections of the Vail Vlllage Master Plan speciflcally relate to
thls proposal:
2 - Goal - to foster a strong tourist industry and promote year-round
economic health and viability for the Village and for the
community as a whole.
2.6 - Obiective - Encourage the development of affordable housing
units through the efforts of the private sector.
2.6.1 - Policv - Employee housing units may be required as part of any
new or redevelopment project requesting density over that
allowed by existing zoning.
2.6.2 - Policv - Employee housing shalt be developed with appropriate
restrictions so as to insure their availability and affordability to the
local work force.
2.6.3 - Policv - The Town of Vail may facilitate in the development of
affordable housing by providing limited assistance.
E. ldentlflcatlon and mltlgatlon ot natural and/or geologlc hazards that affect
the property on whlch the speclal development dlstrlct ls proposed.
No natural and/or geologic hazards are present or affect this property.
F. Slte plan, buildlng deslgn and locatlon and open space provlslons
deslgned to produce a functlonal development responslve and sensltlve
to natural features, vegetatlon and overall aesthetlc quallty of the
communlty.
This development standard is not applicable to the applicant's request.
G. A clrculatlon system deslgned for both vehlcles and pedestrlans
addresslng on and off-slte trafflc clrculatlon.
This development standard is not applicable to the applicant's request.
H. Functional and aesthetlc landscaplng and open space ln order to optlmlze
and preserve natural features, rccreatlon, views and functlons.
This development standard is not applicable to the applicant's request.
l. Phaslng plan or subdlvlslon plan that wlll malntaln a workable, tunctlonal
and ettlclent relatlonshlp throughout the development ol_t!-e speclal
development dlstrict.
This development standard is not applicable to the applicant's request.
IV. STAFF RECOMMENDATION
Upon detailed review of the applicant's request to eliminate a previous condition of' approval for Unit No. 30, the staff recommendatlon ls for approval. The
recommendation for approval carries the applicant's suggested condition that the
removal of the existing rental restriction shall become effective upon the filing with the
Town of Vail, proof of ownership of a two-bedroom property within the Town of Vail,
which shall have its use restricted to rental purposes, according to the following:
'1. The employee housing unit (EHU) shallnot be suMivided into any form
of time shares, interval ownerships, or fractional fee.
2. The EHU shall be leased, but only to tenants who are full-time
employees who work in Eagle County. The EHU shall not be leased for
a period less than thirty (30) consecutive days. For the purposes of this
Section, a full-time employee is one who works an average of a
minimum of thirty (30) hours each week.
3. No later than February 1 of each year, the owner of the employee
housing unit shall submit two (2) copies of a report on a form to be
obtained from the Community Development Department, to the
Community Development Department of the Town of Vail and Chairman
, of the Town of Vail Housing Authority, setting forth evidence establishing
that each tenant whom resides within the employee housing unit is a
full-time employee in Eagle County.
.
4. The provisions as set forth above shall be incorporated into a written
agreement in a form approved by the Town Attorney whlch shall run
wilh the land and shall not be amended or terminated without the written
approval of the Town of Vail. Said agreement shall be recorded at the
Eagle County Clerk and Recorder's Office prior to lhe release of the use
restriction for Unit No. 30.
The two-bedroom employee dwelling unit shall consist of approximately 700-1000
square feet of gross residential floor area and shall include a minimum of two on-site
parking spaces.
Although the staff believes that maintaining lhe existing rental restriction on the
dwelling unit (Unit No. 30) furthers the goals of the Town's Master Plans, we also
believe that the provision of permanently restricted employee housing also furthers
many of the goals of the Town's Master Plans. In summary, the staff believes that the
applicant's request is in conformance with the SDD review criteria as listed in Section
lll of this memorandum.
oec\memos\W|12792
SUBDIVISIONS
C. Plans and descriptions showing how rhc following wilt bc
pcrformcd:
l. Alt sitc work shall bc brought up to currenr rown
slandards unless a variance therefrom is granted ro the
applicant by the town council in accordance wirh the
variancc proccdures of this Title 17. Thc town council
rnay, if it decms necessary, rcquirc additional parking
facilitics to meet reguir.:mcnts of owners and gucsts of the
condominium units,2. Corrections of violarions cited in thc condominium
convcrsion rcport by the buitding inspector,3. Coid+1{-nium projects shaJl meet currcnt Uniform Build-
ing C,.r-Je requircmcnts for hcat and firc dctcction deviccs
and s1'--rtcms.
(Ord. 29 (1983) S l: Ord. 2 (1983) $ I (part).)
17.26,075 Condominium conversion.
Any applicant seeking to convcrt any accommodation unit
within-thi'town shatl cimply with rhi rcquircmcnts of this (
section. The rcquircmcnts contained in this scction shall not \
apply to structures or buildings which contain two units or less.
A. The requircmcnts and rcstrictions hcrcin containcd shall be
included in thc condominium dcclaration for rhc projcct, and
filed of record with thc Eagle County clerk and rccorder. The
condorninium units crcatcd shall remain in thc short rerm
(
2984
@
(vril I l-15-t3)
CONDOMINIUMS AND CONDOMTNIUM CONVERSIONS
ren{al market 1o be used as tcmPorary accommodations
availablc to the gcneral public.
t. An owne r's ocrsonat use of his or her unit shall be
February lst to March 20th. This seasonal period is
ffihigh scason.' nowncr's
personal use" shall bc defined as owner's occupancy
of a unit or non-paying gucst of the owncr or taking
the unit off of thc rcntal market during the scasonal
!.!:S!-olr.2. A violation of thc owner's use restriction by a unit ouner
shall subject the owner to a daily assessment ratc by thc
condominiunr association of three timcs a ratc considcred
to be a reasonable daily rcntal rate forthe unit at thc time
of the violation, which asscssment whcn paid shall bc
common elcments of the condominiums. All sums
assesscd against the owner for violation of thc o*'ncrb
personal use restriction and unpaid shall constitute a lien
for thc benefit of the condominium association on that
on'ner! unit, which lien shall bc cvidcnced by writtcn
notice placed of record in thc officc of thc clcrk and
recorde.r of Eagle County, Colorado, and which may be
collectcd by foreclosure, on an on'ncr's condominium
runit by the association in like manner as a mortgage or
dcid oftrust on reat property. The condominium associa-
tion's failure to enforce lhe owner's pcrsonal use rcstric'
tion shall give the town the right to cnforce thc rcsriction'by the assessment and the ticn providcd for hereunder. If' '. the town cnforces thc restrictionr thc town shall reccivc
the funds collected as a rcsutt ofsuch cnforcement. In the
cvcnt litigation results from the cnforcement of the
rcstrietion, as part of its rcward to the prevailing party,
thc court shall award such party its court costs togethcr
with reasonable attorney'r fecs incurrcd.
298-5
' (vril l2-l-t?)
pcriods refcrrcd to hcrein for any reason othcr than
for nccessary rcpairs which cannot bc postponcd or
which may makc the unit unrentablc. OccuDancv of
a unil bv a lodec managcr or staff cmploycd bv the
o
SUtsDIVIS!ONS
3. The town shall have the right to reguire from rhe
condominium association an annuat report of owner!
pcrsonal use during thc high scasons for aI convcrred
condominiurn units.4. The converted, .lodBe units shalt not be used as
pernlanent rcs r-dc nccffi
@all be preiumcd ro bc a
permanent resident if such pcrson has rcsidcd in thcunit for six consccutivc months notwithstanding
frorrr lirrrc to tirnc during such six month pcriod thc
- pcrson may bricfly dwcll in othcr places,
B. Any lodge locatcd wirhin the town which has converted
accommodation units lo condominiums shalt continue lo
nrnr-,iJr .!!.! ^!11. !",' | ^,1 ^ ^ f. -ili I i -. - - J .--,,.'^-. i-.r,,ri- -rvvEw roerrrrre'I' grre ila irwaj ariLiijijiriEi
. a customary marketing program.
C. The convcrted condominium units shall remain available
to the general tourist markcr. lf unsold thirty days aftcr
rccording of the condominium map, the unsold con-
vertcd condominiums shall be required to be furnished
and made available to the generat tourist market within
ninety days after the date of recording of the condo-
. minium map. This requirement may be mgt -ly_inclusionof the units of the condominium project at comparablc
rates, in any local reservation system for the rcntat of
lodge or condominiurn units in the town.
D. Thc common areas of any todgc with converted units shall
remain common areas and be maintained in a manner
consistent with its previous character. Any changes, altcra-
tions or renovat;ons madc to common areas shalt not
diminish the size or quality of the common arcas.
E. Any accommodation units that were utilized to providc
housing for employces at any time during thc thrce ycars. previous to thc datc of thc application shall rcmain as
cmployec units for such duration as may be requircd by thc
planning and environmcntal commission or the town council.
F. Applicability. All conditions sct forth within rhis siction shall
bi made binding on tlrc applicant. the applicantb successors.
heirs. personal repr*cntativcs and assigns and shall govcrn
thc property which is the subjcct of the application for the lifc
(vail l2-l-87)
;298-6 ,;
\.CONDOM I I..JI U M S AND CO}i.DOM INI U M CO}iVERS IONS
of thc survivor of the prescnt town council plus twenty-one
ycars. Conversion of accommodation units localed within a
lodge pursuant to this section. shall bc modified only by the
writtcn agrcement of the to\r'n council and rhe owner or
owners ofthc units which havc becn converled into condo-
miniums. The docutncnts crcating and govcming any accommoda'
tion unit which has becn convened into a condominium shall
be modificd by thc owncrs of such units only with thc prior
u'ritten approval of thc town council.
G. Procedure. Thc conversion of an accommodation unil in an
cxisting lodge shall be accomplishcd pursuant to the sub-
division rcview proccss. Thc applicant shall provide the
following documcntation to the town at the time of the
application to convert accommodation units located in a
lodge to condominium units:
l. Proof of ownershipl2. Site invenrory for the propeily indicating in detail the
a ct u a t t o c at i o n of -a il!"anr en i t i es s e rvin! t fi e1 o d ge I
3. Affidavit of scrvi'ces provided as is'called for in sub-
paragraph 2 above:
4. Designation and dcscription of all emplope units;
5. Plan of improvements to be made ro thc ProPeny along
. *'ith estimated costs thcrefor.
(Ord.2l(1987) $$ l-3: ord.2(1983) $ I (part)')
17.26.0E0 Aclion on preliminary map.
A. Ar the hearing on thc preliminary map. the planning commis'
sion shall considcr whethcr the proposed conversion is
consistcnt u,ith thc following housing goals of rhe tou'n:'.. l. ' ,To cncourage continuation of social and economic
' divcrsity in thi town through a variety of housing typcs:i 2. To cxpand the supply of deccnt housing for low and'' . .) , , moderate income families:
3. To achicve grealcr cconomic balance for thc lown by" increasing the number ofjobs and the supply of housing
for people who will hold thcm.
B. The commission may requirc rhat a reasonablc pcrcentagc of
the convcrted units bc reservcd for salc or rcntal to persons of
modcratc income.
I
.,. I(
:l
' .t
' -l'
.l
'l
(
L-. ,I
(. (o(-(o(-(oL.(
298-7
(vail 12.1.8?)
t
revised 9/4/9L
(please print or type)
A. AppLICA1IT BSC Of
A Colorado
VaiI, Colorado, L.P.t Limited Partnership
I. This procedure is reguired for any proJect that would gothrough the Special Developnent Oistrict procedure
The application will not be accepted untlt all infornationis subrnitted.
B ::'"ffi
ADDRESS P.O. Box 7, Vail, CO 81658 pg911g 303 / 47 9-2000
c.PROPERTY OUINER(S) tqc rado,Colorado Limited
orwER(s) srcNATnRE (
MAILING ADDRESS c,/o Kirkland & El1is
LOT_BLOCK SUBDIVISION
1999 Broadwav, Denver, CO 80202 pHONel03/:9fl!l!
D. LOCATION OF pROpOSgl .Vail Village Plaza Condominiums
STREET ADDRESS.I00 East Meadown Dr., Vai1, CO Condo Unit 30
ISEE Attached E.
List.l
TT
lsEE AttachedLisrl
A LIST OF THE
TO THE SUBJECT
F. A T]TLE REPORT
Four (4) copies ofsubmitted:
NAMES OF OWNERS OF ALL PROPERTY ADJACENT
PROPERTY AND THEIR MAILING ADDRESSES.
TO VERIFY OWNERSHIP AND EASEMENTS.
the following information must be
A. Detailed written/graphic description of proposal;
B. An environmental impact report shall be submitted tothe_zoning administrator in accordance with Chapter18.56 hereof unless waived by Section 1g.56.030, exemptprojects;
C. An open space and recreational plan sufficient t,o neetthe demands generat,ed by the deveropment without undueburden on avail.able or proposed puUtic facilities;
D. Existing contours having contour intervals of not morethan five feet. lf the average slope of the site ist,wenty percent or less, or with contour intervals ofnot more than ten feet if the average slope of the siteis greater than twenty percent.
E. A proposed site plan, at a scale not snaller than oneinch equals fifty feet, showing the approximateIocations and dimensions of all buiJ.dings anclstructures, uses therein, and all principal sitedevelopment. feaLures, such as landicaped areas,recreational facilities, pedestrian plazas andwalkways, service entries, drivewaysl and off-streetparking and loading areas with proposed contours aftergrading and site development,.
DATE APPLICATION RECEIVEBSDNOV 9 P9AI
}PPLICATTON FORM FOR SPECTA! DSVEIOPIIENT
DTSTRICT DE\TEIOPMENT PIAI|
c,/o Kirkland & EIIis
A preliminary landscape planr at a scale not, smaller
than one inch equals fifty feet, showing existing
landscape features to be retained or removed, and
showing proposed landscaping and landscaped site
development features, such as outdoor recreationalfacilities, bicycle paths, trails, pedestrian plazas
and walkways, r^tat,er features and other elenents,'
Preliminary building elevations, sections, and floorplans, at a scale not smaller than one-eighth equals
one foot, in sufficlent detail to determine floor areatgross residential floor area, interior circulationt
Iocations of uses within buildings, and the gerreral
scale and appearance of the proposed development.
III. TIME REQUTREMENTS
NOTE:
The Planning and Environmental Commission rneets on the
2nd and 4th Mondays of each month. An application with
the necessary accornpanying material nust be submitted
four weeks prior to the date of the meeting.
The developer must begin initial construction of the
special development district wit.hin three years from
the time of its final approval, and continue diligently
toward the completion of the project. If the special
development district is to be developed in phasesr the
developer must begin const,ruction of subsequent phases
within one year of the completion of the previous
phase.
It is recommended that before a Special
Developnent District application is submitted, apre-application neeting should be set up with a
member of the Depart.ment of Connunity Development.
IV. FEES
Application Fees are as foLl.ows:
F
G.
A.
B.
A.v.
B.
a.
b.
c. Minor Arnendments: p
apprication fee paid: S 19@' oat t'f il4t check *P44
-
@i;i
If this application requires a separate review by anyIocal, State or Federal agency other than the Town ofVail, the application fee shall be increased by
5200.00. Examples of such review, may include, but arenot linited to: Colorado Departnent of Highway Access
Permj.ts, Army Corps of Engineers 404, etc.
The applicant shall be responsible for paying anypublishing fees which are in excess of 50t of the
application fee. If, at the applicant's request,r Bnynatter is postponed for hearing, causing the natter to
be re-publj.shed, then, the entire fee for such re-publication shall be paid by the applicant.
Applications deemed by t.he Conmunit.y Developnent
Departnent to have significant design, land use orother issues which may have a significant, impact on the
community may reguire review by consultants other that
town sLaff. Should a determination be made by the townstaff that an outside consuLtant is needed to review
any application, Community Development nay hire an
outside consultant, it shall estimate the amount of
$r,500.00
$ 200.00
c.
money necessary to pay hlm or her and this amount shallbe forwarded to the Town by the appticant at the t,imehe fiLes his application with the- bommunity DevelopmentDepartment. Upon completion of the review of theapplicatlon by the consultant, any of the fundsforwarded by the appllcant for payment of theconsultant which have not been paid to the consultant,sha1l be returned to the applicant. Expenses incurredby the Town in excess of the amount forwarded by theapplicant shall be paid to the Town by the appJ_icantwit,hin 30 days of notification by the Town.
APPLICATION FORII trOR SPECfAL, DEVELOPT'IENE
DI8TRICT DEVELOPIIENT PI.AII
Supplenental Infornation to Apnlication
I-8. OwnersVail Village Plaza condoniniurn Association:
Frank Cicero, ilr.
Kirkland & ElLis
1999 BroadwaY
Denver, Co 8o2O2
Joseph Staufferc/o Vail Village Inn
100 East lleadow DriveVail, Co 81657
Jann Ltd.loo East Ueadow DriveVail, CO 81657
Claus Frlcke
AlpenroseP.o. Box 370Vail, cO 81658
Sally HanlonVall Village Travel
100 East Meadow DriveVail, CO 81557
Claggett ReY Gallery
c/o Chris l'[illerVail Village Inn
1OO East Meadow DriveVaiI, CO 81657
Red Sands CorPorationc/o chris Millervail Village Inn
100 East Meadow DriveVail' eo 81657
L & L Ventures
Luc & Liz MeYer
P.o. Box 176Vail, CO 81658
3I-1.Request removal of restriction inposed by ordinance
No. 24, serl.es of 1989, eubJecting condoniniumlUnit 30to the restrictlona of, Section L7.26.075 of, thb Tosn ofVail Subdivisj.on Regulations, subJect to the fol-lowlngcondition: renoval of reEtriction effective upon thefiling with the Town of proof of ownerc,lrip of I two
bedroon progrerty wltbin tlre 'llorn of VaiI which! ehaIl
have ite use restricted to r€ntal purposes.
tll
t
o -/* ,y'*/ro
TH|S rrEM MAY AFFECT YOpR PROPERTY
PUBLIC NOTICE
4. A request for a major amendment to SDD #4,Village Area A, Millrace lll to
amend the development plan to allow for one single family residence and one duplex
Environmental Commission to review the proposed design of the Vail Cemetery to be
located in the upper bench of Donovan Park generally located west of the Glen Lyon
suMivision and southeast of the Matterhorn ood.
Review Board and the Planning and
of a Special Development
District, a CGI exterior alteration, a minor subdivision, a zohla -ch-ange and an
amendment to View Corridor No. 1 for the Golden Peak House, 278 Hanson Ranch
Road/Lots A, B, and C, Block 2, Vail Village First Filing.
Applicant: Golden Peak House Conflo Association, Vail Associates, lnc.,
GPH Partners, Ltd., Margaritaville, Inc.Planner: Mike Mollica/Tim Devlin
A request for variances for site coverage great$r than 187o, driveway coverage greater
than 10%, GRFA in the front setback and wall height, to allow for the construction of a
primary/secondary residence to be located on Lol3, Block B, Vall Ridgei2612 Cortjna
Lane.
ironmental Commission of the Town of
n 18.66.060 ot the Municipal Code of
the Town of Vail Municipal Building.
; .11
NOTICE lS HEREBY GIVEN that the Planning and En
Vail will hold a public hearing in accordance with Secti
the Town of Vail on December 7, 1992, at 2:00 P.M. i
Consideration of:
1.
2. A request for a Joint work session with the
Environmental Commission to discuss the
Applicant:
Planner:
Applicant:
Planner:
Town of Vail
Andy Knudtsen
Greg and Michelle Hall
Shelly Mello
WITHDRAWN
.3.
located at 1335 Westhaven Drive, more specifically described as follows:
A part of the SW 1/q, NE 1/r, Section
the 6th P.M., described as follows:
Range 81 West of
Beginning at a point of the North-South centerline of said Seclion 12 whence an
iron pin with a plastic cap marking the center of said Section 12 bears
S00'38'56"W 455.06 feeu thence along said centerline N00'38'56"E 122'81 leet
to the southerly ROW line of l-70; thence departing said ROW line N66o53'25"E
39.15 feet;thence departing said ROW line S81'23'19-E 165.42 feet to a point
of curve; thence 122.83 feet along the arc of a 143.20 foot radius curve io the
left, having a central angle of 49'08'51" and a chord that bears 515'57'45'E
119.10 feet; thence S40"32'10"E 3.00 feet; thence 66.30 feet along the arc of a
77-21 loot radius curve to the right, having a central angle of 49"12'10' and a
chord that bears 515o56'05-E 64.28 feet; thence S8'40'00"W 90.27 feet; thence
N38'42'24'W 224.55 feet; thence S78"10'32"W 101.44 feet to lhe Point of
Beginning.
MECM Enterprises, Inc. represented by Michael Lauterbach
Jim Curnutte
5.
6.
A request for setback variances, stream setback, and a site coverage variance at the
Manor Vail Lodge to allow the construction of a trash enclosure, located on Part of Lot
1, Block B, Vail Village Seventh Filing/S9s East Vail Valley Drive.
Applicant:
Planner:
Applicant:
Planner:
Applicant:
Planner:
Applicant:
Planner:
Applicant:
Planner:
A request for a conditional use permit to allow a major arcade (family entertainment
center) to be located at the Crossroads, Shopping Center, located on Lot P, Block 5D,
Vail Village First Filing/l41 East Meadow Drive.
Manor Vail Lodge
Andy Knudtsen
Charlie Alexander
Tim Devlin
BSC of Vail, Colorado, L.P./Frank Cicero
Mike Mollica
Vail Associates, Inc.
Jim Curnutte
7.
\_
lql71
A request for a major amendment to SDD #6, Vail Village Inn, to remove a previous
condition of approvalfor Unit No.30, Phase l, Vail Village lnn/located on Lot O, Block
5D, Vail Village First Filing/100 East Meadow DriveA/ail Village Plaza Condominiums.
8.A request to amend Chapter 18.32, Agricultural and Open Space District, of the Vail
Municipal Code, to add "sledding and tobogganning parks" to he list ol conditional
uses in Section 18.32.030.
9.A request for an exterior alteration and setback variance for the Vail Lionshead Center
Building located at Lot 5, Block 1, Vail Lionshead First Filing\520 East Lionshead
Circle.
- ,7 *|
i
10.
Applicant:
Planner:
Applicant:
Planner:
A request for a setback variance at
constructlon of an exterior stiair more than 5'
VailMllage Fkst Filing/143 E. Meadow Dr.
Oscar Tang
Andy Knudtsen
Garton Development
Shelly Mello
Shopping Centor to allow the
grade located on Lot P, Block 5D,
302 VVI Inc.
c/o Fred Otto
Box 3149 .
Vail, CO 81658
Lario lnc.
c/o Vail Village lnn
100 East Meadow Drive
Vail, CO 81657
Bede Ltd
c,/o Luis Pablo Bustamante
Paseo DeLa R€forma, 122 Piso
Col Juarez Del Cuauhtemoc
066 Mexico
David & Elizabeth Cohen
6350 Riverside Drive
Atlanta, GA 30328
Manuel Hionda
c/o VailVillage Inn
100 E Meadow Drive
Vail, CO 81657
Jeffrey & Joyce Diskin
14 Peach Tree Drive
Montville, NJ 07045
John Sevo
c/o Sevo Corp
3600 S. Yosemite, 1Oth Floor
Denver, CO 80237
Guiseppe & Mercedes Cecchi
901 N Stuart St
Arlington, VA 22203
Rosalyn M. Abrams
5190 S Logan Drive
Greenwood Village, CO 80121
Paul& Penelope Leseur
Somerset Bridge, Sandys
BoxSB90
Bermuda
Ernest Scheller
4074 Heather Court
Northampton, PA 18067
Red Sands Corp
100 East Meadow Drivs
Vail, CO 81657
First lnterstate Bank of Ddnver
cy'o Boudreaux/Harkness,
633 17th St, 13n-077
Denver, CO 80270
BSG of Colorado
c/o Frank Cicero
1999 Broadway - 40th Fl
Denver, CO 80202
Barry & Bafiara Beracha
128zli! Topping Manor DriVe
St. Louis, MO 63131
VailVillage Inn
100 East Meadow Drive
Vail, CO 81657
Edmund Haiim
21 Guinea Road
Greenwich. CT 06830
Richard & Marlene Uoyds
Box 819
Vail, CO 81658
Barry & Barbara Beracha
12843 Topping Manor Dr
St. Louls, MO 63131
BSC of VAiI, CO, LP
c/o Frank Gicero
1999 Broadway,40th Fl
Denver. CO 80202
Rosalyn Abrams
5190 South Logan Drive
Greenwood Village, CO 80121
S.A. Lublan
c/o Deltec House
Lynford Cay
PO Box N-3229
Nassau
Marvin & Karole Frank
2€0 North Orchard
Chlcago, lL ;60614
Edna & Glaus Fricke
Box 370
Vail, CO 81658
Douglas Hall
386 Madison St
Denver, CO 80206
John & Patricia Gabriel
1 East Ridgewood Avenue
Paramus, NJ 07653
Charles & Germain Harmon
ColonialDrive
New Vernon, NJ 07976
Kirk and Jay Huffard
528 North Street
Greenwich, Ct 06830
Inversiones Cafaci, CA
1346 S Green Way Dr
CoralGables, FL 33134
Dennie Jagger
1201 Spyglass Drive
Austin, TX78746
Kinney Johnson
100 South Dexter Street
Denver, CO 80220
Gary & Dorothy Cordes
28 Trenlon Road
Tunamurra N.S.W.
AUSTRALIA
John and Rebecca Moore
Box 1146
Sugarfand, TX 77487
John & Rebecca Morres
17 Queen Mary Gourt
Sugarland, TX 77479
VVIP5O2
4603 Annaway Drive
Edina, MN 55436
Pedro & Adelaide Ramirez
. Petunia K-3 Parques Santa
Mada
Rio Piedras, PR 927
Mexico
Carl & Llnda Rless
Route 390
Cresco, PA 18326
Ray & Melaine Flutter
18012 Cowan, #200
lrvine, CA 92714
Sylvan & Frances Tobin
101 Cheswold Lane, 5D
Haverford, PA 19041
Kinney Johnson
2084 S Milwaukee St
Denver, CO 80210
VVlAssociates
c/o Cowperthwaite & Co
3575 Cherry Creek N Dr
Denver, CO 80209
Sifvia fto De Taragoza
Box 9976
ElPaso, TX 79990
Jamm LtC.
100 East Meadow Drive
Vail, GO 81657
Richard Liebhaber
1100 Ghain Bridge Rd
Box 8210
Mclean, VA 22106
Paul& Penelope Leseur
Box SB90 Somerset Bridge
Sandys SBBX
Bermuda
Edward Yingling
3607 North 27th St
Arlington, VA n2O7
Patrick & Robin Mars
106 Milden Hall Road
Toronto, Ontario
CANADA M4N 3H5
Kirk & Jay Huffard
e,/o The Equitable Company 528
North St
Greenwich, Ct 05830
Karin Wagner-Trustee
4100 NW 101 Drive
CoralSprings, FL 33065
Barbara Weinstein
78 Joyce Road
Planeview, NY 11803
Wyoming LTD.
c/o Vail Bookkeeping &
Acccounting
508 E Lionshead Cr
Vail, CO 81657
Frank Cicero
200 Randolph Street
Chicago, lL 60601
Edna & Claus Fricke
Box 370
Vail, CO 81657
Luc & Elizabeth Meyer
Box 176
Vail, CO 81658
I
Robert Chandler
445 Baker Avenue
Webster Groves, MO
The GlaggetVRey Gallery
1777 S Hanison Street
Denver, CO 80210
Hanlon Family Partnership
385 Gore Creek Drive
Vail, CO 81657
Red Sands Corporation
100 East Meadow Drive
Vail, CO 81657
Charles & Mary Anderson
5271 Brandywine Way
Stuart, FL 3499;7
Charles Fellows
8101 E Dartmouth Ave, A€5
Denver, CO 8C234
Jeffrey & Bonitra Garvey
141 E Meadow Dr, #E-4
Vail, CO 81657
Emily Goodwin, Sue Bach,
E Goodviln
11 Parkway Drive
Englewood, CO 80111
Heyda & Hamed Santaella
Box 1917
Mayaguez, PR 709
William Hokin
875 N Michigan Ave, #]7
Chicago, lL 60611
John S. McDonald Co
Box 1309
Dublin, OH 48017
Trevina L P
100 Park Avenue
New York, NY 10017
Kenneth & Jan Harding
206fl) Broadway, #1
Boulder, CO 80302
Edc Langslet
Ness, Ornulf
48 Woodblne
Burgenfield, NJ 07621
Gladys Law
1012 Swink Avenue
El^^L., E^..l r-r-! O{na?I tvvn, I vavr r/v rJ lv9,
Edward Mayne Jr. Trustee
100 W Long Lake Road
f220
Bloomfield Hills, Ml 48013
Joseph Obering
750 N St Paul, #1530
Dallas, TX 75201
R.P. Smith Company
Box 700
Evergreen, CO 80zl(19
Ruth & Mede Sachnoff
5171 ldylwild Trail
Boulder, CO 8030't
HC & Victoria Schaefer
11 Wellington Place
Grosse Pointe, Ml 48230
H. Willlam Smith
175 E Main Street
Norwich, NY 13815
Sydney & Janet Young
43 Gedar Wood Circle
Myrtle Beach, SC 29577
Burtis Dolan
280 Meadowbrook Drlve
Northbrook, ll 60062
63119
Kennedy & Co
30 Kerby Road
Grosse Pinte, Ml 48236
Packard Anderson
Crossroads of Vail Ltd
1567 South Josephine
Denver, CO 80210
Mervyn Lapin
232 West Meadow Drive
Vail, CO 81657
William Bemell
141 E Meadow Dr, C-4
Vail, CO 81657
Maggie Eastwood
c/o Eastwood, Roy
1900 Avenue of the Stars
Suite #227
Los Angeles, CA 90067
Marilyn Fleischer
62 East Meadow Dr
Vail, CO Bt6S7
Sharon Glaser
719 Linden Drlve
Beverly Hiils, CA 90210
Allen & Barbara Gilliland
12360 Farr Ranch Court
Saraloga, CA gS07O
Sharon Glaser
c/o Herbert Glaser
719 North Linden Drive
Beverly Hitls, Ca g0212
H&WPropertieslnc.
5654 Greenwood plaza Blvd
Englewood, CO 80111
Lod Hanis
c/o Lori Amass
16 Polo Field Lane
Denver, CO 90209
Hobert Hodes
660 Madison Avenue
Suite 2210
New York, Ny 10021
Amos & Floy
315 E 68th Street
New York, NY 10021
Roland & Rosemarie Nobis
Box 3111
Bloomington, lN 47402
Fred & Carleen poland
5000 E Quincy Ave
Englewood, CO goi lO
Richard & Karin Genova
92013 68th Avenue
Forest Hills, Ny 11975
George Shaffer
6827 Cedarbrook Drive
Birmingham, Ml 49010
Betty Lou & James Shebrin
7701 Broadway
San Antonio, TX 7920d
t\Iadin Jervis
David Bott
Cromwell House, Marston Moor
Fuhrood Preston
Lancashire, ENGI-AND
Jose Alvarez et al
Moliere 59-10
Mexico 5 DF, MEXICO
David Bradshaw
One East Wacker Drive
Chicago, tL 60477
Allison Butts
4523 Dorset Ave
Chevy Chase, MD 2OglS
Thomas & Mary Darah
1309 Frontier
Longmont, CO 80501
Fluben & Laura Catan
c/o Elecom Supply Co
3940 Hancock St, #20S
Sanniegc, CA g2ilO
Esther Geifman Demizrahi
c/o Geifman, Gregorio & Amor
13 Vail Road
Vail, CO 81657
Gary & Nancy Freedman
Thomas & Patricla Hurlburt
6950 E Belleview Ave #202
Englewood, CO 901.|1
Richard & Gwen Scatpetfo
50 Perkins road
Greenwich, Ct 06930
Golden Horizons Inc.
630SPointeC8
Colorado Springs, CO g0906
HarE Mountain lnd
HarE Mountain Ind
Attn: Jean Kunsmann
400 Plaza Drive
Secaucus, NJ 07094
Jacqueline Knepshield
Brook Hill Farm
Rt 1, Box 328
Middfeburg, VA 22117
Gordon & Dorothy Parrish
3763 Regal Vista Dr
Sherman Oaks, CA 91403
Connie & Michael Leech, etal
835 Brook Creek Lane
Kirkwood, MO 63122
William McOutchen
12 Sandpiper Road
Wesport, CT 06880
Dorothy McKnight
203 Country Club Drive
Sterling, CO 80751
Ricardo Merlois
Box 1684
Pascagoula, MS 39567
John Oliver
James & Lynn Oliver
14403 Cullen Street
Whitier, CA 90603
Guillermo Oynick etal
449 S Creek Drive
Osprey, FL 3/'229
John & Mary Savage
et al
6068 Bosley Avenue
Towson, MD 21204
Gary & Janice Scheimer
630 S Pointe CB
Suite 101
Golorado Springs, CO 80906
Jerry & Laura Taylor
2555 Indian Mound
Birmingham, Ml 48010
VPP No. 15 Corp
c/o Caniel Abounrad
5100 San Felipe #193
Houston, TX 77056
James & Jane Watson
6999 South Bemis St
Littleton, CO 80129
Paul& Charlotte Weiner
7000 E Quincy, #3014
Denver, CO 80237
Oscar Wyatt
c/o Richard Wabon
Nine Greenway Plaza, #780
Houston, TX 77046
\I
75 South Frontage Road
Vail, Colorado 81657
303479-21s6
FAX 303-479-2157
STATE OF
COUNTY OF
CERTIFICATION
coLoRADO )) ss.EAGLE )
The foregoing is a fulI, true, and correct
Ordinance No. 24, Series of 1989, first reading,
Development District No. 5, which is included inof the Vail Town Council Meeting held on ?uesday,
transcription of
anending Specialthe final rninutes
October 17, 1989.
Date: Se+lemhw 8,141x Time:ld.z lo P.ttrr.
Anatfi'- S. Fault^t
TOWTI AFVAIL
Office of the Town
Martha S. Raecker, Town Clerk of the Town of V
STATE OF
COUNTY OF
coLoRADO )) ss.EAGLE )
My comnission expires:
rn to before me appeared Martha S. Raecker, Townof Vailr -Colorado, this R'fP day of
-,
L9 ',f)- .
,res: lt/.tv. If , l'4q3
Subscribed and swo
Clerk of the Town
I
TMNSCRIPT OF THE RECORDED PROCEEDINGS
OF THE REGUI-AR EVENING MEETING OF
THE TOWN COUNCIL OF THE TOWN OF VAII- COLORADO
AGENDA ITEM #2: ORDINANCE NO.24, SERIES OF 1989
COUNCIL CHAMBERS
VAIL MUNICIPAL BUILDING
75 SOUTH FRONTAGE ROAD
VAIL, COLORADO
(303) 479-2100
TUESDAY, OCTOBER 17, 1992
COUNCIL MEMBERS PRESENT: KENT ROSE' MAYOR
JOHN SLEVIN, MAYOR PRO TEM
MICHAEL CACIOPPO
MERV LAPIN
GAIL WAHBLICH-LOWENTHAL
TOM STEINBERG
TOWN OFFICIALS PRESENT: RON PHILLIPS, TOWN iTANAGER
LARRY ESKWITH, TOWN ATTORNEY
PAM BRANOMEYER, TOWN CLERK
CITIZENS PARTICIPATING: PEGGY OSTERFOSS' PEC
PETER JAMAR, FEPRESENTING APPLICANT
Transcrlotion ol taoe recordlno ol Town Councll meeuno. aoerda ltem #2:
October 17, 1989
Aoolicant's Reoresentative
PJ - Peter Jamar
PEC Member
PO - Peggy Osterfoss
Town Attomev
LE - Lany Eslsflith
CouncilMembers
ML - Merv lapin
TS - Tom Steinberg
KR - Kent Rose
GW - GailWahrlicfl
JS - John Slevln
MC - Michaet Cacloppo
Town Staff
RP - Rick Pylman
PP - PetEr Patten
KP - Krlstan Pritr
KR - Next item on the agenda is Odlnanca N0.24, Serles of ig8g, an odlnance
amending Section 8 of Ordlnance No. 14, Series of 1987, to provide lor the amendmsnt of
density of the approved development plan for Speclat Development DbfH No. 6. Thls ls also
first reading. Peter Patten . . .
PP - lt is. Mr. Mayor and members of he council, whal I'm golng to do ls go through
the memorandum that the planning staff wrote to the planning Gommission as he
presentation of the item. Then I'm going to talk about what happened at planning
Gommission and then l'll talk about the ordinance at tho end. The request to amend Special
Development Distict 6, which ls ths Vail Village Inn Spedal Dwelopment Distdcil, to amend
the total GRFA, the total residential floor area for the SDD to Increase 4,900 sq. ft. Thafs the
way the ordinance reads. The orbinal request was for more tftan that amount and the
planning stiaff recommended for less than fiat amount. The proposal basically is to converl
the goods retail space to a condominium, to residential use. Basically, what we're looking at
is a conversion of use from commercial to residential, where the qJnsnt'Goods'clothing
store is located. So the applicant originally requested an additional 5,714 sq. ft. Now that
takes that space that's up there and it adds some loft space and lt Infllls oth€r area. ThEre is
cunently approximately 3,900 sq. ft. of floor area in that space. The apflicant has Hentified
1
the reason lor the appllcation as the locatlon belng an unviable, not a viable, retail space. He
has received approval from the other condomlnium owners to proceed with tho application tor
the conversion to resldentlal. CunenUy, the totial allowed square footage ln the Special
Development District for the remaining phases is 120,600 sq. ft. anC that's of oourse attached
to he maior hotel redevelopment that we all hope someday we see In that slte. So, frris
would increase that in the ordinance form b 125,500 sq. ft. ln looking at the criteria then for a
specialdevelopment dlstrict, the first one has to do with design compatiblllty and sensitivity b
the immediate environment, the neighborhood and the adjacent propedies relative to the
design scale, bulk, building height, buffer zones, Hantity, cfiaracter, ard so on. Really, there
aren't very many design lssues related to his. lt's taking an exlsting spaca and converting it
lrom commercial to residential. We would anticipate if the prolect is approved and it goes
forward, that the owner probably would want to make some mlnor deslgn changes to the
space itself, but at this time that is not being proposed and those cfianges would be dealt with
by the Design Review Board, The existing display window down on he street level would
remain and be used by Village lnn Sports.
The second criteria then has to deal with the uses, activity and densities whlch provlda
compatible, efficisnt and workable relationships wlth tre sunounding uses end actMties. I
lhink we're all aware that the Vail Village lnn Special Development District is a mixed-use
project and has a variety of land uses in lt now, as well as when lt's redeveloped to itrs fullest
extent. And, of course, those uses include commercial and resldential in various locations, as
well as restauranB and short-term accommodation unib, lodge rooms. One of our goals In
the master land use plan, as well as the Vall Village Masbr Plan, ls to malntaln the mix ol
uses. We teel that's important to Commerdd Core 1 and its sunounding area, which, of
course, this is immediately adjacent to the coftr arsa. This is not atfecting that mix ot use. lt's
z
changing from one to the othgr, but all of he uses are found in the immediate area, as well as
the sunounding area. We do feel that we need to protecil the short-torm bed basa. We teel
that we have established a policy, as the Plannlng Commission and fre Toryn Gouncil have in
about the last three or four years, where addiUonal resklenual units ha\r6 been requlred to be
available to the tourist market, and we do trat through the resfictions contained in the
subdMsion regulations wttich requires an owner only to occupy a unit during the high season
for a restric'ted number of weeks and lt also requlres the owner to list the unit on the short-
term rental market when lt's not in uss. And we leel that those are appropriats in hls
Instance, and we'll talk about those in the recommendations seclion.
Next we dealwith the parking and loading lssues. Phases I and lt of the VVI contiain
basically llttle to no parklng. I wasn't around when those happened origlnally. I would
imagine that there probably was some surface parking trat may have been eaten up by future
phases, but this is in the odginal phases ol the Wl and what has been occuning ls each
phase is developed. Phase lll and then the latest phase, well the latest phase really didn't
add any parking, but especially In Phase lll, we caught up a little bit on the deticit. I think
there was over a 100 gace deficit when Phase lll was built They built the underground
parking garage at that time. They caught up and ftey are somewhere around 50 spaces
short. When lhe most recent building was buitf there was no additional parking provlded for
on site. The parking was to be provided in the underground parking sfucture. With this
particular proposal then, there are no parking spaces that kind of are designated that go along
with this spac€. Joe Stauler has anangements with some of his tenants in his spaces that he
will lease them spaces in the parking structure ibelf. Currently, we do not have a solid
parking proposal for hls particular conversion to residential. We feelthat that's important and
will require that to be documented and done belore we issue a building permit. The space
s
requirement would be 2-112 spaces rounded up to 3. So here would be a parking
requirement of 3 spaces. Conformlng wlth he applicable elements of he Vail Gomprehensive
Plan, I thing there is probably one in particular, fiat is pollcy 42 In the Master Land Use Plan,
which talks about increased density in the cora areas as acceptable so long as the existing
character of each area ls preserved through he implementration ol the Uban Design Guide
Plan and the Vail Village Master Plan. And I think that that poticy is not in conflict wih the
proposal. There are some other criteria here that are really not too lmportant or not
applicable, I shoud say, in that our recommEndation for his, and l'll speak b fre 3,927 sq. fL
which is existing out ttere, the way this went through the Planning Commlsslon as we wsre
recommending approval for the conversion of he existing square footage, 3,927, to resldential
use, with the provision that the unit be use-restricted, in other words that it be available
according to our restrictions in the Subdivision Regulations available to the triurist market In
general. We feel that the existing square footage is sufficient for the succ€ssful conwrsion
from retall to residential and that the extra originally 1,787 sq. ft. ls really extraneous and not
required, and not really a necessary, if you will, part of the proposal. The Planning
Commission, so thafs what wenl to Planning Commission, our recommendation. There was a
long discussion at Planning Commission about tris item and I was not presenq so b€ar with
me. Peter was present and he can correct me if I'm wrong. The bottom line is the Planning
Commission denied the proposal 4 to 3, so he ordinance that comes to you tonight is not one
that the Planning Commission has voted for. The Council sses all amendmenb b speclal
development disticts, so this would have come lo you no matter whether they had approved it
or denied it. There orlginally was a motion to approve ths proposal wlth fre condition that
only 50% of the unit be restricted. The Plannlng Commission's ooncem on this item ls that
they felt that this was bo large a unit to bo a viable rental unit and they were trying to
a
compromise with the appllcant to come to a comfort level hat Uris was going to be a unlt that
would be okay to create, but only lf lt was going to be d vlable rental unit, and trey talkecl
about restricting only part of the unit or actrally dividing the unit into two units. Those were
not acceptable to the applicant, is my understanding, apd in the end the Planning Commlssion
voted 4 to 3 to deny he request. However, before frrey did that they agreed on a
compromise squ:ro footage of 5,000 sq. ft. ls trat conect?
PJ - Yes.
PP - Okay. So the Planning Commission and DRB . . . excuse me, the Planning
Commission and the applicant have come to an agreement that he size of the unlt would be
5,000 sq. ft. maximum, whicfi allo,ns them to add about 1,100 sq. ft. of loft area and in-llll
space. But the Planning Commission obviously stillwas not comfortable with the overall
proposal, alhough it was a close vote. The ordlnance then ls in the format for you to
approve. lt adds, this ordinance would add 4,900 sq. ftt ls that your underctranding of it, Rick,
was lhere a 100 sq. ft. difference In here?
RP - 4,900
PP Okay. So the total amount allowed in SDD on the second page ol your
ordinance at the very top. What youU be voting to do if you pass this ordinance would be to
allow a total of 125,500 sq. tt. of GRFA in tre Vail Viltage Inn Special Develqment District.
That's an increase of 4,900 sq. ft and again this is what the Ptanning Commission
compromised down lo from a larger figure that the applicant hd requested. Now, I would like
- and this does not change the other provisions of that SDD, which require a certaln amount
of accommodation unib to be built and a certain amount of square leet devobd to lodgs
rooms. As some of you may recall, when we passed that ordinance, we required actuatty a
minimum number atnount ol square footage devoted to lpdge rooms only so that they couldn't
E
PP
JS
PP
buitd all condos. At the end of that paragraph I would like to add a sentence hat would say
.4,900 sq. ft. of GRFA shall be allocated to Unit 30 of tre Vall Vlllage Plaza Gondominiums
only.' And tte reason for that ls that we don't want to Just add 4,900 sq. ft and then have the
applicant go ahead and put a rstail store back ln there anyway and all of the sudden ws havs
lust increased the size of the SDD. So, the 4,900 sq. ft. inctease, if you approvs it, wouH bs
iust for that space only and not just a carte blanche Increass for whoever ends up developlng'
you knorv, the ultlmate hotelon site.
JS - So he number of unib for Phase lV and V - ls thls In Phase lll?
This is in Phase l.
So tre number ol unib still stays the same. Joe can stilldo 128 uniF.
That's right. That approval is completely unaffected, really, by this whole thing.
So that is he one thing I woutd like to add to the ordinancs and we can, Larry and I can work
on specific language toward that end between first and second reading. And wiilt that, we will
fum it over to Peter who is representing the applicant or questions, Merv.
ML - I don't understand the logic of why you woukl allow greatsr density on a project
over and above what's been approved that doesn't have parking, thal is a conflict, I think it's
going to increase tre conflict that you have between residential and commerclal, I mean, l
don't understand, what's the logic of having zoning with the maximum if someone can come in
and get 4900 more square feet?
PP - The logic is thal the space is there -
ML - Well, why not 50,000 square feet?
PP - | can't argue the staff are not sxperb ln retiail teasibility one way or ths other,
the uses are all on the site, there is resijential uses on the slte and the sunounding area, w€
have adopted policies ln the land use plan whicfi encourage ths mlx of uses, ln one sense lt ls
g
an increase In density bul in anoher, ifs an increase in density that has absoluEly no eflect
ol mass and bulk on the village. We have had
ML - So, ln oher words, the house
Let me say ong mors thing. We have had a history in Commercial Gore I area
especlally. These Vpes ol changes and uses. The Village started out to havs employee units
on sfeet level at tho Lodgs. They were converted to retail. There were alot ol second floor
aparlments, residential units, in the core hat got converled to commercial space in fte late
70's and early 80's. Some of hose spaces have been 6ven converted back. ln an area
where you have the type of mixed use zoning that we have in not only he Commercial Core
but in the surrounding areas and especially this ls a mlxpd use projecf, you are constiantly
going to have changes of use between residential and cbmmerclal and even other uses on
varying levels of all mlxed use projects. And I guess, I'm not here to tell you this is the
greatest thing in he world, not al all, I don't think that we're slrongly recommending approval,
but what l'm here to tell you is that I think that the applidation ltself ls something that I don't
feel is going to create any negative lmpacls, I don't see anylhing thafs golng to be harmed, I
don't see the Vail Village Inn project will be harmed by tltris, on the worst end scenario, the
project would be harmect by empty retrail space if it ls Indeed not a viable space lor retail or
commercial of some sort. I don't buy that argument. I tl,rink there probably could be
somebody that goes in there that makes a viable operatibn, but I'm reacting to an applicatlon
that's come in to our department and we have to get on one side of the fence or the other and
I think that this proposal is not going to create negative innpacts and we will requke the
parking to be located in that underground parking structure and I think with that we're looking
al something that just isn'l going to be a negative impact.
ML Okay, you've answered the use question, but what you're doing is giving
7
someone the Incentive to build a big volume building then come back later and fill it In by
allowirp this. Everyone that's got a building that can go with infill, whether it's a hous€ or a
commercial buildirg can come back now under your logic and get greatsr density.
KR - | don't think its an infill though, is it?
ML - Well, yea, he's adding 4900 square feet You're not adding to he shetl.
You're saying that there's no adctition to tre outside of the building. They're infilling the floors
on the lnside.
JS - Yes. Up in the lofl So what's the big problem with that?
ML - Well, what's going to stop everyone that has something that is more than 2
stories hlgh, whether ifs the glass house or whsther it's fie houss on, the Chester house
that's got a volume to lt, coming back and saying, well lefs infiltthe volume noir?
JS - Well, I don't think we do GRFA the same way. He's comparing it to a residential
zone districl
ML - But, look, it's a residentialuse.
JS - No, it's a SDD.
PP - Yea, it's a special development district, lts not the same zonlng as you know,
what you're talking about and
ML - But the SDD has a limit put on it of 120,000 square feet, now you're saying add
4000 square feet
PP - Merv, all properties in Vait have a limit on it,hrough zoning. One way or
another, you come to a number - that's the ma(imum. The fact is that lor the last 10 years
we haven't been atraid of trat maximum number to increass lt and we have in probably 15 lo
20 difierent Instances over the last 10 years in this spocific area and throughout the whole
commercial core and the whole Vall Village area. We've done it, I don't need to go through
I
thg names of the projects, but we have done it In many Inslances, cfranged that residenlial
density allowed.
ML - Yea, but nhen we odglnally set ln a special development district the applicant
was always for as much square footage as hg couH get and that was a quld pro quo, .you
give us thls - ws glve you haf. Now they're coming In ard the/ve got a csrtaln volume. In
this case I guess 2 stories, that theyre infilling In order to get grEater density. And gr€ater
denslty does have an effect, I mean, somsons's going to be in tre 4900 square feet, lt's not
going to be lefl empty. You're going to have more people using it.
PP - I don't disagree with those statoments.
JS - Could we go through the thought process with one unlt as opposed to two
units?
PP - lcant. Maybe Peggy can.
KR - Peggy has a comment.
' (...inaudible)
PO I think first of all, he Planning Commlssion telt that it was unfortunate hat in
this SDD there was not a first-come, first-serve for additlonal square footage. In othar words,
this individual wishes to add space to his condominium *vould not be taking any of the squaro
footage away from the rest of the development. We fett a more desirable sltuation would have
been lf he rest of the development... he amount of squhre footage of this unil But on the
oher hand, felt that is was unfair to lhis particular applichnt that the SDD had not in ftacil been
set up that way in the first place. (...) | think subsequerlUy we endeavored to iocus on the
outcome and we wers relustant to give up retail space birt felt the second sbry spacs as retrail
.... Then the question became given our dlrection in the master plan, which would be that we
would try lo encourage retail space or short term rental Cpace, but not spaca that is residentlal
I
and not rented In the core area. we felt fiat we needed assuranos that if In fac{ this unit was
converted from a retiall l0 residential lt would be rented. Ard I thlnk many of us, myselt
included, wera @ncemed with the tact that 5000 squarc foot rental unlt was not viable. In
other words, ifs fine b say that it's on the rental market, hrt no one rsnt€d it and then the fac-t
is that we ha\re lost retail and we have not replaced it with short term rgntal. And that ruas
why we spent qults a bit of time and effort trying to readr some sort of compromises we blt
would make this a (....) unit I think Merv's concemed with square footage infill
ML - Then how do you, granted, when different SDD's, SDD 6 ls different than let's
say, we went up and looked at the glass house which is a thres story thing.
KR - Well, residential.
ML Which is residential. How do you say you can do this resldential, but you cant
do that residential because there's less effect up on that hill adding square footage because
lhey've got the parking or, you know, in othenvords, they're not creating any more trafiiq all
they're doing is adding another couple of bedrooms. How do you add it at th6 Vail Village lnn
and not allow someone to allow somsone to add it in their other property?
PO - One thing, Merv, I thlnk we felt here would be less parking needed lor the
residenUal unit than for the commercial use that has been in place.
ML - Unless ifs short term units.
JS - Merv, there is one school of thoughl that disagrees with our GRFA ordinance
for our residential that says il In fact you do have a twcstory house and you want to stick a
basement undemeath it, and you exceed GRFA rules, you're raally not adding anything b it,
you might Just be adding a family room but technically you can't do il, so there is a school of
thought out there that would tove to cfrange GRFA provisions for resldential also, because
.19
that's a bulk and mass hlng that is golng to be talked About probably over the nsrt year or
so.
PJ - We should pobably hear from Peter here, he's representing the applicanl
JS - I've got a question along this one unit vq. a bunch ol units and maybe Peter,
well, l'll ask it nor whlle ib on my mind, if you do a ono 5000 squars foot unit, do you mind lf
Well, actrally you can only have one lodloff.
You can only do one?
Right.
they do one elght bedroom unit? Have you thought aUbut eigtrt lockoffs and you have a bed
ard heakfast small motel, or, I mean you could do that wih 5000 square feet.
PP
JS
PP
JS Okay. So if you can only do one, then alain it goes back to her comment that
you end up wl$t a huge livlng room and some bedrooms and only one, so you can rent it trvo
different ways lhen, thafs what you're saying.
PP - !f they want to go, you could just do one lockoff ma<imum in a multi-family
dwelling unit.
JS - So who wanted to do more than ons unit, was that the Planing Commission or
you? Who is recommsnding that they do more than one?
PP - Planning Commlsslon.
Po - (.....)
JS - Planning Commission? Okay, go ahead Feter.
PJ Perhaps I can help shed a litde light on thls and some of the rationale for hey,
why are we in asking lor his and I am representing BSC of Vailwhich owns the unlt.
ML - Who is BSC of Vail?
PJ - lt'sapartnerchip.
11
ML
PJ
Composed of?
One of he gentlemen is Frank Cicero, I don't know the other parhers.
ML - And they're the owners of the space? The reason I'm asking thls ls because it
iusi went through loredosure. The building did, is this part that is through forcdosure or is
this separate?
PJ - No, thls is a separate condominium.
ML - This ls a separale condominlum trat wasn't involved, oley.
PJ - t€t me hit a couple of the hBh poinb. I hink that the reason we got a little bit
ofl track at the Plannlng Commission was because of the diversity of opinion ai to how is his
unit going to be short term rented and I and the applicant created some of lhat confuslon
because of the fact that that was sort of a tast minute stiaff recommendation that they had
been supporling ihis but then a day or two before fre Planning Commlssion had said, but
you'll have to go with these restrictions. So I needed to run hat by my clienl, the owner of he
unit, in a vsry short time pedod and not being knowledgeable of what that msant or how and
also being an attomey, his initial reaction was no, we don'l want to live with that kind of
restriction, so I then proceeded to the Planning Commission, not agreeing witr that conditlon.
We have since had the time to sit down and discuss it with the staff and explain lt to the
owner and thafs how we've now arrived at the issue as to, wen, he's willing to go along with
the restrictions, is this 5000 square foot unit a viable short term rental unit or not? | have
contacted the Vall Resort Association. Their recommendation lo m€ was that, heck, yes, a
5000 square foot unit in the Village core is probably one of the most desirable short term
rental units in Vail. We have very few of those - those are he first units to rent and I wouH be
happy to, if ft comes down to that queston and lU be h+py to taHe this item untlwe can all
go ask the VHA ourselves whether that in tad is true. I'm convinced that it's tue, tho owner
12
ls convinced that it's tue, given the numbers of families and groups of people that like b
come b Vail and allstay together and be In close proximity and walking distance to the core
where you do not need a vehicte. Even though we feel that the rental of that unit wlll not
gen€rate the need for the parking spa@s, we are willing to go along with the condition frat
says lhat given the conversion of this unit ovsr resHential, wo're willing to provHe the 3
parking spaces that are necessary and there are spaoes available through Joe Staufer at the
Vall Mllage Inn for that purpose. Again, I think everyone, he Planning Gommisslon, stafi and
mysolf agree that the parking requirement actrally reducgs from 16 spacss to 3 so fiat that's
a net improvement. The owne/s initial intent here is hat they would love to keep the space
commercial. They would be very happy and I tlrink trose involved wih economics of real
estate would agree that its in heir best interest that that's viable commercial space to kesp it
commerclal and over the long term that is a much better business decision. I think it's
lmportant to stress that it is second and third floor space, and I think the Planning Commission
on thelr site visit sort ot understood that the poor utilization of frat spaoe as commercial, we
were willing to come to a compromise ol adding half of the square lootage that we had initially
intended to add so that the PEC got lairly conlused but we had the opponunity since there
was some time between meetings to go back and get a darificaUon of some of those issues.
So | guess, the bottom line is we're now witling to restrict the use, we feel that a 5000 square
foot unit which would probably be 5 bedrooms is a very highly desirable unit on the shod term
rental market. They still prefer to be able to try to use that space as commercial but they
would like to have the fall back to be able to utilize fils spaco as residential it it continues to
look llke it's not a vlable commercial space. The use is not In question. The zoning allows
the use as residential. What's in question is that the SDD is defined g tightly that it does not
allow the flexibllity to add any square footiage in any unit anywhere.
13
ML
PJ
What is the reason why it was defined that tighily?
I cant explain tfiat, Merv.
ML - lt was pan of negotiations that had to do with what he Wl was gMng to the
Town. Doesn't that have to do with part of he park, doesn't hat have to do with part of the
condomlnium that, the space below which is now the skl museum?
PJ - | don't agree with that concept of SDDs, that I don't think they wEre ever set up
KR - There was a big issue, I mean, lt had b do wlth the undedylng zonlng that was
on that entire parcel and what increases there were from that underlying zoning, il any,
through the SDD prooess and parh that Meru talked about and the whole worls. And lt was
tight because it was a long, involved, tough process. Gail and I rsmember that and some
other people probably.
PJ - | guess what I'm saying is that they wou6 lust like to see some flexibility in
being able to use that use as the uses are defined within the SDD and again, I guess I would
have to say I don't hink here's any positive impact, I can't come up here and really sell to
you that, hey, ttis ls fie greatest thing in the world hat ever happened. I can't foresee any
negativB impacts given that they're wllling to ac'tually improve the parking situation. They do
have approval of 1007o of the condominium orners whlch own all the adjacent uni{rs. They
have gone ahead and received that approval and revised ths condominium declaration in
order to use the unit as residential. They agree with att the conditions lncluding keeping tre
exterior ap'pearance on the first floor as retail use. So I think it makes some sense to grant
that tlexibility. I do believe that the Plannlng Commission was pretty much split 50 - 50 as to
whether his was appropriate or not and he conluslon really came in terms ol hs size of the
unit. I think Jim Viele, the Chairman of the Planning Commission, put it best, hat ifs one of
't4
those continual line tuning of an SDD that I gusss whether we like lt or not, ifs a tact of tits
thal these types of amendmenb and the flexibilily has p be there In oder to end up with land
use situations that wotk. I think that Vail is not in termq of the densfi, a ffnely tuned madilne.
I thlnk we see glve and tiake, additions, deletlons of diffgrent types of uses and it really ls a
constant prooess. I dont think there ls one set top number that we have a system that we
hansfer development dghb. I mean, we have gas statigns that evolved into mlxed use r€tiail
and commercial and residential uses and lndivldual menbers may agres or not agree with
that, but trat's a fact of the way land use decisions evolve and I ihink, you know, he intent
here is nol necessarily to do anyhirE positive or negatiye as far as alot of those issues hat
could conceivably set a precedent are, they're to try b @nllnus to make that a vlable, livable
space and I think we're meeting some of the goals of thg Toirn in brms ol we are adding a
unit that will be on the short term rsntal market during hfgh seasons that according b ths VRA
is very desirable and we need more of, so I think th6re ers some positive things here. I'd be
happy to answer any questions.
TS - What happens to the 13 parklng spaces that are assigned to this unlt which
allegedly they don't need any more?
PP - They don't exlst.
ML
PP-
Yea, th€y're 50 short now.
They didn't build parking lor the first couple of phases. There is not 13 spaces
you can go polnt to In any where on ths site for this padicular spaos.
TS-
PP
TS
PP
Would they be required in the future for that whole Vail Village complex then?
Yes. You mean the next phase thafs unfuilt?
Next phase, or whatever phase there
Yes, the next phase will really make up the whole paftirg defcit
15
TS - So the non-condominium owner ls going to benetit to he ttns of 13 long ferm
built out spaces by thg lact fiat he doesn't have to supply thls 13 for this condo unit in the
total buildout now. The tong term buitdout he is required to meet the parking requlrements.
Now, il we allow his converslon, he needs 13 less spaces. Now the condo owner, is he
selling those spaces back to Joe Stiaufer so he doesn't have to bui6 them, or is he givlng
them back to him and Joe ls going to mako $13O,OOO. because he doEsn't havo to put them
in. What's happening here?
JS - How does thls affea he rest of the purchase.
PP You have to understand this is not the developer, trs entire SDD or the holder
of that pool of GRFA or parking so hat this owner ls not required to at any point put in ftose
13 spaces.
Ts ' No, I understand that, but Vair Viltage Inn, Inc. or whoever is doing it is
ultimately required to build those 13 spaces if we leave it the way it is.
PP - That's not really not at all fre way the whots thing worked out at all. We did
not..' My recollection, Tom, is that the ultimate buildout of the site will not contain 100"/o of
what the parking requirement would be for everything on the slte. I can't go back ard tell you
what percentage of the overall parking requiremenl will be built, you know, under he approved
SDD, but it iust wasn't that dean a connection. I think that here was a certain amount of klnd
of what's there now is there now and lefs plan the hotel, the eventual hotel thafs not built,
and get the parking that's going to be adequate for the commercial and residential that's going
to be bullt and live with he existing situation.
JS - Peter, where does 13 parking spaces come from?
PP ' The 13 parking spaces comes from if they propose to build thts big a retail
space you divide the totat square footage by 300 and youd get 13.
16
Js - Peter, the point is, il hey're allowed to, that does not affect the number of
parking spaoes that Joe has to dealwith his hotel doed it?
PP - No.
JS - lt shouldn't aflect the SDD requlrement for Joe's parking.
PP - No, I dont think lt would.
PJ - | think you could make a statemsnt in thb odinance that lt doesn't
JS - Yea, we wanl to maks surs it doesnt bebause we knonr he's going to be shod
anyway. I remember from those days that ttrere really lsn't an overabundance of spaces and
we wers valet parking and all sorb of things to get
TS - Well, elther that or he doesn't get to buid as much. Whidr ls where we should
be coming from.
JS - Right, but I think the point needs to be biought out that if they get to convsn,
that does not cfiange any requirements for Joe's parkin!.
KR - Peggy, another comment?
PO - ljust wanted to make a couple ol other commenb, one concem expressed (....)
was that 10 parking spaces are ln fast non-existent when people rBnting the unit ns€d b be
taking things like groceries to it and they will probably e*pect a parking spot and presumedly
they were allowed to drive to that restricted area (...). Another ltem that t think we included as
a condition on this approval (...) that lf In lact this conversion occuni we thought that the
double doors that are facing to the south should be closgd and tumed into a dlsplay arxd then
ths access should be lrom the west, there's also a doomay coming trom the west so that It
you wsre walking along Meadow Drive you would see a dlsplay window rather than a door.
JS - A display window for another retail space or somehing like that, ls that what
you're saying? | mean for the one next door maybe?
17
saying?
pJ - No, I think they'd like to havs the flexibility to ksep it, thelr deslre ls to keep lt
as commerdal lf that's viable. The sense is that it's not viable. They hane no tenants running
forward to get Into that space, it's historically been a problem. I think at least half the
Planning Commission agreed that the changeover in that spacs has been slgnlficant over time
and that they would rather see some viable use of that space rather tran boarded up. And
whether that space is ever going to be boarded up or not ls purely speanlation.
PO
PJ
JS
ML
PJ
PJ
ML
Yes. (...)
And we're in agreement with that.
But you're not sure you're going to drange the space, ls hat what you're
Are they the original owners of the space?
I don't know, Merv, how long the/ve owned lhe space.
Well, but the use ol this space is allowed as commsrclal or resklendal.
I don't have a problem because tt€re's already resirJential there. I lhink In
ML - Okay, I think the answer to that is no, so they bought he gace knowlng what
they were Qetting. I msan, they got a prics on it based on the knowledge that they now have
that it doesn't work as commerdat.
general bscause of my experience at Crossroads, doing one building mixed and one building
not, that fre mixed bullding doesn't work and it creatss problems. The least of which is not
the fact of what happens when you want, when the building gets too old and you got to rip it
down. There's a real problem between commercialand residential. The problem I've got is
adding the square footage. ff they want to change from commercial to residential I don't have
a problem with it. Adding 1 square foot more of space to trat building I dont agree nith and
will vote against because the negotiations that went on when we did this for 120,000 we got
18
several things out of the developer and now to go back And come In and want to add 5000
square feet to mg is not a reasonable request. Beskles the problems of parking.
KR - Peter, I need to ask a question or two. The orBinal request was lor 5700
square feet and now the final request is for 3900 square feet?
PP - The origlnalwas for 57ff), the stiaff recommended the conversion of 3900 whlch
was the existing square footage and then the Plannirg Oommission compromised with the
5000 square foot flgure which actually com€s down to 4900.
KR - Okay, so tonight hen we are at an additiqn of 4900 square feet of GRFA.
PP - Conect.
KR - Out of the 4900 square feet, how much of that is new space? How much of lt
was retiail space, how much of it is new space?
PP - Allof it. Allof it. No, I'm sorry, no, tlat's 3900 hundred and some.
PJ
KR
The 3927 is existing.
3927 square fset is existing. 4900 squard feet of additional GRFA then really
means an additional 1000 square leet to the building. 1 q00 square feet is the Infill'
PJ - And they really only want to add 900, I trink lt was lust rounded oft to a 1000
so that we didn't get into a
KH - All right, I'm square on that. Now, when SDD 6 was originally approved and
revised and everything else, I seem to remember that there were llmits on GRFA, lhere were
limits on commercial space and there limib on the total Square footage of the entire proiec't.
Why then, lf we want to allow trls to happen, why then are we not reducing what's alloned
through the 5 phases in he entire projed by the same amount that we're Increaslng hls. In
other words, if we're Increasing GRFA by a certain number of feet, why aren't we taking a
certain number of square footage out of thoir total GFFA that they're allowed or the total rstail
19
that they're allowed?
pp - Good question, and the basic answer to that ls that the owners of hat unbuilt
squaro footage wouldn't agree to reduce their number for this appllcation.
pJ - That's never been a point of discussion and there is no where In the SDD that
commercial space is set as a top limit.
PP - No, then I didn't understand your question. I thought your guesson was
was why aren't we leaving lt at 120,600 and reducing it by 5000.
KR - I thought we had a mo( on what could be bullt through he 5 phasos, Period.
PP - GRFA.
KR - No commercial?
PP - Okay, then I did misunderstand the question.
KR - welt, I know we had a limit on GRFA. Did we have a limit on commercial
space?
pp - Yes, there was a limit on ths commerclal space for the unbuilt portions of
whatever they proposed. We accepted the development plan, counted up he square footage
and said that's the commercial that will be allowed and tre number ls about $16,000
additional. As far as the total trat's out there existing, I dont believe thsre is a total
commercial maximum hafs out there in the SDD 6.
JS - I've got one additional quic* question. lf they were to come In for additional
commercial square footage because they wanbd to add some lofb to this space, what would
we tell them? Are they allowed to come in and add commercial?
PP - | thlnk they would have to come trrough tha sarne process. I believe they
would have to come through the same process.
JS - But you're not sure what that SDD says regarding
20
PP You guys are asking some lough questignsl SDD 6 ls not tho cloanest,
simplest ordinance that ws have In our zonlng code. lrp tac{, lt look on a creative approach ln
about 1973 and we've been fying to dealwith it ever gince. lfs just not hat clsan. lt's not
written so that you know because you've done SDDs hgw you get a proposal, you get
comforlable with it at one point or another and you adopt the development plan. And that's
got x amount of square footage for residential and commercial and locations and uses and
this and hai. This SDD ls not fiat clean. There is not an overall one maxlmum number of
commercial hat can be built on the entire site.
JS - Do we have any SDDs that we'vs incfeased GRFA or commerdd square
footage space?
PP - Oh, all sorts of them.
JS - We have?
Sure.
Like the Westin we did, we increased it on that didn't ws?
PP
JS
MC How did Garton's Saloon get transfened into condominiums - under what
process?
PP
MC
PJ
They redeveloped the building and conddminiumized it - each space.
There's nothing similar here to that?
Could I make a suggestion here Kent I think here's a fair amount of confusion
that I'd like to request that we trable this for a few weeks and try to urderstand all the - lU like
to before we do that just get some klnd of a reading ol *hat maybe the questions or additional
Information are but I'm in lotal disagreement that there's a cap of commercial on the SDD and
so I'm not meaning to save that argument, I think Peter bnd I need b slt down and go through
the ordinance
21
JS - | think my question regarding Kent harre we added on GRFA in commercial
spacs to otrer SDDs I think ls, I'm sitting here wondering ten years trom nof,t, flftsen years
from nour whoever ourns that whole building is going to come to you and say rve need to do a
redo - a narv SDD - totally redo the building and in order to do lt and we'w seen lhis rec€ntly
with a number of buildings in the Village where lt may have to pop out some dormers and
come out with the commerclal out to the street and make lt a better fill In and on and on. And
ftat will probably be proved at some point in time.
ML - And we'il probably pay you as much as $3000 for Erat $10,000 parking spacs.
JS - I'm not talking about parking. I'm talklng about r€development In town and
people taking a bad spacs and making it good and I think that's what this lellow's trying to do.
I don't know. I mean, lt's up to him lf he thlnks residential ls better commercial. Sounds like
he hasn't even decided yet.
ML - Well, he's got something to sell. He's got an infill and all of a sudclen he got a
5000 square toot unit that you can sell as a resHential unit versus somethlng you probably
cant sell too easily as a commercial unit.
JS - So do you penalize him or do you squeeze him for what
ML - No, what's best for he Tolvn
PJ - But Merv, how does that relate back to ...
ML - lt's a give and take situation. He's asking for something. lt's a negotiation.
PJ - Yea, but how does trat relate back to the health, salety and wellare ol the
community? Whether a guy can sell his unit or not?
ML - lt will be a healthier town and a safer town it rve got the money to pay lor hose
fees.
PJ - Well, I would like to table this.
22
GW - One thing that I woutd be interested ls, ls he yiabillty of the leastng of the 5000
squaro teet so when you come back
JS W only comment ls golng to be and somebody recently hetd a open house for
brokers abovg the River Houss Condominlums, ttlere's a penthouse up there hat the lellor
owns and he was short term renting lt and I can tell you there are only a hardful of
penhouses in all of Vail Mllage and that's the only one lhat I knoq maybe there might ba one
oher, lhat will short term rent
GW - How laqe was that?
JS - lt was 4000 sguare feet. Vail Athletic Club might have one, but you have a lew
ohers. lf you can think of all ol the bulldings in tourn and wtrich might havs a penthouse on it,
most are owner-occupied. Well, lt's a penfiouse in the sensE that ifs a top floor 5000 square
foot..
ML - With a good view of the Sonnenalp redevelopment.
PJ - | do think that's a valid question and we can do some more research on ttat
and the statt can do some more research on that
JS - I think you're right. I trink the VRA reservationists were at that unit for that
open house and that was the reason lor the open house and they were excitsd about having
a big unit available.
ML - You answered his question ditferent that I read this document. In SDD 6 what
is he btal number of square feet in that bullding now? Both residential and commerciat.
What's he total number ol square feet?
PP - No ldea-
ML - But, I mean, is like 120,000 plus the commercial? lefs say 100,000.
PP - You're talking about his one buitding?
4.
ML - This SDD 6. The next question is, under his proposal, how many square bet
will it, square feet - | dont care GRFA, I don'l care commercial, hor many squars feet, will the
square feet not Increass by horv much?
PP - Say that again?
ML - What will be the difference ln the number of square feet before and after thls
proposal?
PP
ML
PP
ML
PP
ML
PP
feet.
PJ
1000.
1787?
No, 1000 and it could be 900.
But the odginal request was for 5714.
Yes, it has been knocked down.
And now it's been knocked down to 1000. Additional square feet.
3900 exists today. They want another 1000 to infill lofb and add 1000 square
I guess our reasonlng there is that we don't want to take a bad commercial unit
and make it a bad residential unit and we need to do a site visit and get into fre space and
look at it so that everybody undersiands what we're talking about, but the whole ldea in
adding the space ls I think when you walk in there you'll see that if you ars to go along with
the idea that lt could be utilized as a residential unit, there be no, I don't hinh logical reason
to restrict not at least adding enough square footage to make it a good unit ol some kind and
maks it a good resldentlal unit.
JS - Peter, what happens when he owners of the rest of ths top floor, commercial in
the building's @mmon site, we have the same problem. We want to build residential.
PP - | hope they don'tl
24
ML - Why do you hope trey don't?
TS - what does your study ot @mmercial uses shor. we dH a stldy what 3 or 4
yeane ago. What do we say in that study that should be done? Are we going counbr to that
study?
PP - To which one?
TS - The ono we did on needs of new commercial spaoes In the villages? We did a
sfudy several yeas ago.
PP - | don't think it's necessarily so, that that study dU shor lhat we could handle
more oommercial space but it didn't get into the specitics of what's viable commercial space
and what isn't in lerms of specifically where lt's located. I don't think hat ftls ls really going
against the retail market analysis, the one we're refening to.
PJ - Well, and to answer the land use plan shorils that we have a deficit of 70,000
sguare feet of retail which I know some people tend to disagree with. I agree with. l'll b€ he
last one to be in favor of reducing the amount of commercial square feet ln town where it's
viable space, where it's ground levelspace or it's in a good locatlon, but I trink there's a real
ooncem here for second ard third floor space, that is difficult to get people into that are into
ski boots or whatever.
TS - Now is there presently third floor In this space or is here only a third floor if we
allow the extra 1000 square feet?
PJ - There's presently a third floor.
ML - lt's a toft rstall space. This is where the old polo shop used to be.
PJ - So again, | guess, is there any consensus, is frere any direction if we table this
to
TS My consensus is lwlllvote no.
25
PJ
GW
Okay, Gail?
The biggest problem I think ls the increase in the GRFA and I guess he
question ls, if you switch it from 3900 commercial to 3900 resldential, would you be getting all
this static. And then the second question for that, and trat's why its vlability ls, ls this 5000
square fool resldentlal unit hugely better as it relates to tho rental market which creates life
and vltality within the core, because we want to, wE nsed bstter hotel rooms. So that's , I
guess, what I'm struggling with.
PJ - | know where 1ou're coming lrom.
ML - To get one more square inch in that buikling whicfr was negotiated, youU have
to give me something to make lt worthwhile and I would suggest he $7500 a year of the ski
musgum's condomlnium fees.
KR - | don't know how viable it is in the first place, Mery, I mean after you buy il and
remodel it tor that kind of a use, you know, a lot of dollars in it, thafs not our concem
however. I guess what confuses me about this issue is we have granted some additions to
SDDs before but I don't know if we've done it on a piecemeal basis. I guess the last one we
looked al was the Westin, or whatever name that SDD is, and we looked al parking, we
looked at commercial retail, we looked at the spaces that haven't bgen bullt, both in the area
of he ruins down there it's called and he Infill space where lhe tent is on tre larvn and where
the rockpile is and we understood that whole thing. What I don't have tonlght ls a full
understanding of thls SDD. We're piecemealing it and I don't know what's to keep the next
guy from coming in next week and biting otf another piece and trat's the part of fie process
that I don't like, so for frat reason lwould be reluctant to vote for it tonight. lf I undeatood
more about the ramifications of the entire SDD l'd be more willing to look at it ftavorably.
JS - One of tre problems is trat you have this condominiumized SDD no,v. Your
26
owner has to get everybody else's approval before he can cfianga his part of tre SDD and
horv do you change an sDD when you're just one of many condominium ownsrc. I guess
we're saying tonight we could. I don'l seg, qufte frankly, why he needs more than 3900
square feet to make one unit. I mean, that would be probauy one of the five laqest units in
Vail Village. There are very few that are over 3000 squar€ bet so to go aborc 3900 to do
one unit - it will be a 5 bedroom unit wlth he biggest livlng rcom In Vail Village ard sti[ hare
room leftowr.
ML - He's going to sell lt to an lran pdnce.
JS - lf we were saying he's going to do 5 units and you want them to be 900 square
feet each or somehing like lhat, but when you do that then you add more parking. Then
obviously you have a lot more parking requiremenb everytime you add anoiher unit, thera's
supposedly another family to be there. I think 3900 square feet is plenty blg.
ML - You can probably get Konfs approval by saying that theyd take lt wih a dog.
MC - I just stepped out for a minute, are you asking how I would vote tonight, is that
what your question is?
PJ - | have requested that we tabte it and I was just going to try to get a general..
MC - ldon't think I could support lt tonight.
PJ - a consensus as to where we're headed, and I think I have a pretty good kJea.
Now it does bring up a good queston as to who owns tho square tootage within a zone
district and the rights to use it, because, and a for instiance. For Instance, I live at
Coldstream. That project has a totial of 65,000 square feet of GRFA. That is a pool of GRFA
out there which the proiec-t was maybe built to 60,000, so there are 5000 additional. So as
people want to add on they can come In. And they dont go to the developer of Cascade
Village or Coldstream to purchase that squars tootage.
27
problem with us going to Joe Staufer and saying, sell us some ol the GRFA, so lt's kind of
interesting in the ditferent SDDs , that square lootage is actually owned by lnCividuals and not
available to the entirs property. And ln some Instancss it's not, lt's an interestlng polnt that
ought to be considered, I thlnk, in future SDDs because I trink you do need to buikl in at least
enough llexibillty. I msan, I pity the guy who has to come in here that does orrn a residential
unlt in Vail Villag€ Inn Phase I and wants to add a 2500 bot loft and to have b go through
this, that he would have to go through this process. So I think we have to be careful about
plnning SDDs down to the exact square footage without leaving soms sort of a bit of a flexible
amount for fine tuning. You know, I see this as a fine tuning and I guess I'm In the minority
and that's okay. But, I think lt's been a good discussion.
TS - lt emphaslzes the point that we likely shouldn't have SDDs In the lirct place-
We're getting into a bag of worms here that's going to get wors€ as these buiEhgs get older
and you have to redo them, they're almost lmpossible.
JS - Peter , if you have a duplex lot and there's a duplex on it, and thers's 10fi)
square feet ol extra GRFA available to that lot and one of the sides comes to you and says I
want to take he 1000, do you say you have to get he permission of the other slde or what do
ML
PJ
you do?
PP
JS
KP
KR
JS
It's probably called common area.
No, there's excess GRFA. And all l'm saying is that I think he didnt have any
Go for it.
You just let them take the 1000?
We don't requlre he approval of the otrer side.
First come, first serve.
Heally??
28
' lrrc lt's a racg for the footage.
ML - We should tatk about that
JS - That's a problem that somsbody can do that and take all of the lot's GRFA"
ML Maybe we should have GRFA die after a certain number of years.
PJ - Kent, lU like to request anyuray that we table this I guess Indefinitely.
PP - Yea, I'd like to tarble it to a speciflc date though.
PJ - Yea, let's trable lt to November 13.
MC - So moved.
PP - Whatever you're comforhble with.
KR - ls there a second?
JS - Second.
KR - Moved by Mike Cacioppo and second by John Slevin to tabte Ordinance #24 on
, lirst reading tor two weeks. ls there any discusslon? lt's actually 3 weeks, next regular
meeting.
KR - All in favor of the motion signify by saying !es'.
ALL - 'Yes'
KR - Opposed?
(pause)
KR - Mayor votes yes. Passes unanimously.
nr|(d.||.ltoahna.
29
Ary\ico,t< uhU+ 7
4
..4t
Frank cicero
Kirkland and Ellis
1999 BroadwaY
Denver, CO 80202
Dear Frank:
TheTownofVailDepartmentofconmunityDevelopnentis
iJcolnnenaing ipprovif of the amendnent to Special Developnent
District#5toallowtheconversionofUnit-#30(previouslyUnit
Nunbers so .rrd sii-i" iesidential use. However, certain
conditions are being suggested:
l.ThattheuseoftheUnitberestrictedinaccordancewithVailrs "condoniniun converslontr regulations (copy attached).
2. lhat only the existing amount of square footage il the unit
(3s27 reifil) Ue-pernitted as residential. l{e had-reguested
tnat yori-t.-iUf" io add 1787 sguare feet to the unit in
order to extend loft areas.
The requirenents of the condorniniun conversion regulations. - - .,,
iequird that condominiums converted fron ottrer uses be available
foi short tetn rental and used as follows:
||AnownerlEpersonaluseofhisorherunitshallbe
r ^..i restrictea t'o ze days during the seasonal Pefigq. of Decenber
f | 24th to -Ji"".w 1st and Febiuary lst to March 2oth. This
seasonal-i;;i;a ii-trereinafter ieferred to as ohigh seasonrr.
xonrner,s iersonal usen shall be defined as ownerts occupancy
of a unit-"r-""":paying guest of tjte olrner or taking the
unit ofi of the rln[af-nirket during the seasonal periods
referred to herein for any reason other.than for necessary.
repairs which cannot le l'os-poned- or which nay make the unit
unrentable. occupancy of a irnit by-a lodqe manager or-staff
enptoyei-ly tfr" fbagei however, shau not be restricted by
this section- rl
PETER JAMAR ASSOCIATES, INC.
PLANNING. DEVELOPMENT ANAtYSlS. RESEARCH
Septenber 21, 1989
Surte 308. Vail Na|onal Bank Burldrng
108 Soulh F ontage Road West . Varl. Colorado 81657 r (303) 476'7'154
Frank CiceroKlrkland and
Septenber 21,
Page 2
Ellis
1989
fhis requirernent is siurilar to what has been requlred for otherprojects in VaiI when resLdential condorniniun units have beencreated fron other uses.
Please review thls inforaation and let me have your thoughtsregarding these conditions. I have attached the Town of Vail
nenorandum for your revlew. The planning Cornnrission hearing isnext Tuesday norning.
PJ:ne
scheduled f
o
KIRKLAND & ELLIS
A t ttNtrsHr? rNctuDrHG Ptottssloll^l colPol^no}{s
t9€9 Broadway
Dcnvsr, Colo.ado 80202
303 2g1-lx)00
February 25, L992
ttA - \ , tA
-
k\t(o/*i folnUd ti
Fscsimlle:
303 291.3300
Frank Cicero, Jr.
To Call Writ€r Direcl:
103 291-3316
Lantrence Eskwith, Esq.
Town Attorney
75 South Frontage Road WestVaiI, Colorado 81657
Dear Larry:
I appreciated the opportunity to neet vith you and
Kristen last nonth, and thank you for your time'
As you know, f an very dlsturbed by tle continuing -
disadvantag" i" have [een placei in as owners of unit 30 of the
Vail Villaie flazi Condoni-niun because our unit was nade subject
to the rental restrictions of section ll .26.075 0f the Tol{'n of
vail subdivision Regulation when other condorniniuns which the
town fras pernitted €o ue built have not been made subject to that
itgufiti";t. At tlre tlne the pernits were sought to convert
Unit AO to alLow residential ls well as.commercial use' I was
inforned that the Town was requiring the rental restriction on
;ii-;;* prtritt"a condoniniuln uses. - I have recently learned that
has not been the case, but that the Town has treated other
conaoniniuro units noti i..rorably by allowing then to be pernitted
and built uithout the restriction.
JustlastweekrforexanplerlunderstandthattheTown
Council peiritt"a amendrnents and conversion of the Vail Village
Inn to alfow a nen condoniniun to be buitt on top of the village
rnn Pancake House nithout the rental restriction. f have also
Iearned that by Ordinance No. 9, series of 1988' the Town
;;;-iaa"d- irre vair cateway projict to 9o. abead by converting the
iroperty fron Heavy ServiLe-Oistrict zoning to Comrrercial Core I
bisirict in order io allow for a range of uses proposed, for
Special Developnent District 21 vhlch was aPproved.by the same
ordinance. That special Development DiEtrict provided for 12
residential condorniniums nithouL the rental restriction.
TheVailGatewaycondominiunswerecloseneighbors.to.
our condouriniun and nere sales conpetitors. The newly pernitted
Village Inn Pancake House condoniniun will be a direct markeErng
cornpetitor of our condoninium.
Additionally, as I told you, we lost the sale of
Unit 30 last Decernber'when the proipective purchaser, nho had
made an offer on the property, exanined ttre rental restriction
vith his attorney, wiinaiew iris offer, and instead purchased the
Chicago Los Angel€s New York Vtashington DC.
7i
KIRKLAND & ELLIS
Lawrence Eskwith, Esg.
February 25, L992
Page 2
Red Lion condoniniun which had been pernitted by the Town sitlrout
a rental restriction. The Red Lion condoniniun was anotherdirect conpetitor which nas pernitted on the narket to our
disadvantage.
The discrininatory treatment by the Town of our Unit in
conparison to these ottrers shich I have cited, and perhaps others
of which I do not know, in ny judgurent renders the ordinance as
applied to us invalid.
Additionally, as you know, the Condorniniun ConverEion
ordinance also provides for enforcement of the ordinance by a
private entity. the condorniniun Association in which the condo-
niniun is located. This is a provision which I was not nade
aware of in 1989 and, fron discussing this with nenbers of your
planning staff, apparently they were not aware of this either.
tn ny Judgrroent, tlis prov-ision is an unconstitutional delegationof pover under Article 5, section 35 of the colorado constitution
and cases construing that section.
I would be interested in your views on this natter
after considering the facts I have set forth bere.
There is one additional matter. The Condoniniurn
Conversion ordinance requires the condoniniurn units to trremain in
the short term rental narket.tr As I understand Colorado law, the
Town of Vail does not have the authority to regulate the nightly
rental rate at which a condoroinium owner rnight choose to put his
unit into the narket. In other words, an onner could put the
unit into the narket and ask any anount he chooses for a night's
rental and the Town does not have the authority to regulate this.
lilben ne net j.n your office last month, you agreed that
the Town did not have the authority to regulate rental rates and
inpose any condition on tbe anount which an owner night ask for
rental. I rsould appreciate your confirnation of this opinion as
vell.
I look forward to hearin
yours,
FC: jf
w-Ll6-fc
bcc: Ken Wilson
CicEo,Jr.
C
?. t t. {.i..r .
".-" I ., ,
'f.c,
ORDINA}ICE }lc. 9series of 19E8-
A}I ORD]}GNCE REZONITre A PART OF IgT N A}ID A PORTTON OF
M O, Br.ocK 5D, VAIL \IIIIIAGE EIRST EIIjIIIG rROM HEA\[
SR\ITCE DISRTCI 10 CIff.{RCIAL @RE I }ND FSIABLTSHI}IG
SPErcf,AL DEI/EDI}TENI DISIRTCT I{TJMBER 21 EOR A PART OF IT'T N,
A}ID A FORrIOI OF ICII O, BIOCK 5D VAIL \rII.',INGE EIRST ETI,I}IG
IN ACAORSNG WIIH clN TB, 18.40 OF lHE \TAIL MJNICf,PAJ,
@DE AI.ID SETXI}I3 FORIIT DEATI^S IN REARD THMEIO.
I,IIIEREAS, Gtapter 18.40 of tie Vai]. ltniciF"r code authorizes slEial
Det/elc6rwrt DLstricts tdtbir ttre ltovn ln order to enccurage fLexibility in tlp
develryrcnt of lard; ard
I{HREAS, atrplication bas been nade for Special Donlopnent District aFpotral
for certajn 5n:rcels of prcperlry witiin tlte lohtn lsrs.rn as a part of Iot N, arrl a
lnrtior of l-ot O, Bl.ock 5D, Vail Village First Filirrg to be lqn*ln as Speciaf
DevelcE rEnt Dlstric*, No. 21, compnly referred to as tlre Vail Gat€lq,ayt ard
SHEREAS, atrplication has furtlrer been nade to r:ezore a Part of Iot N, ard a
prticr of Id O, Bloclc 5D, Vail Viltage FtJ:'* fiJ.iry ficqo Heavy Sert/ice Dj.strict
to cqnnerrial Gre I DisEIct in ord€r to allcrr for tlre rarge of uses ard
acfivities prcpcea for SDD No. 21; ard
lillEREAS, ln accordarpe wittr Section 18.66.1{0, the Plannirg ard Evi-rcruentat
6rntissicn had a public hearirq crr ttte prcecea zqdry amerrnnent ard t}te prcpcea
SDD, ard tras Eutrnitted its recornnerderEiqr to t}te $olull Ccarrpil'; ard
lilllREA.s, all rptir"o as required !r1'section 18'56'080 have been sent to the
appropriate prties; ard
I{HREAS, ttre Tocn Cqrrcll has held a prblic hearirg as rc$riFd tty Chapter
18.66 of the ltrrnicipal Code of the 1tqwn of VaiI'
lw{, IHEREfORE, S r ORDLINE) B:( IHE rci'nf dJNCTL OF lHE IE[t{ OF \tArL,
@I!RAm, Il[[r:
Section 1.
:[,re Trc'$rn Ccurpil ffuds tlat ttre praedur,es for a zurirg allErdnent as set fortlr
in gtnpter 18.65 of tne !{unicipal Ode of tte Tor.rn of Vail bave been fi.illy
satisfied, ad a1l otner requirsnents of the lfurricipal Oode of t}le To$rn retatirg to
zonirrg arcrdnents have been fiilly satisfied.
Section 2.
tE Tc[.m @|rrpil hereby rezones tle property nore trnrtiorlarly described in
Dfiibit A, attached her€to, flqr HeaW SeFrice District, to Ccrurercial @r.e I.
c (
Secfion 3.
Ttre lrown Councif firds tllat all tlp procedures set forth for special
t>velofrcrrt Di-stricts in ChaPter 18.4o of the !turricipal Code of the Torvn of Vail
have been ftilly satisfied.
gec*ion 4.
Ihe Elo$rn Ccruncil firds that tne devefognerrt plan for special Dorelcpnent
Distric:! No. 21 ureets each of the stardards set forth in Seciion 18.40.O8O of tlre
MrniciFal @de of the lor,rn of Vai]. or dsrsrsbatcs tlat either one or nc!'e of tlleltl
Ls rpt atrplicable, or tllat a pr:actical soluticn consistent with tlre pblic interest
has been achleved. In accordarpe wit}l Section 18.40.040, tlre dwelopment plan for
SFecial Develryrcnt District No. 21 is alpsved ad Special Deve1c[ilEnt Di-striet
tdo. 2L ts hereby alproved for tJle pncperty desai.bed in D*tibit A. lhe developnent
plan is ccnprised uith tiee plans sutnritted try Bff Arnold' Ned G,atlmey,
i\rrhitect, rc, ard consi.sts of tlre follourirg dmngf.s:
1. Site plan, dated I'tarctr 28, 1988
2. ELor Plans dated ttarctr 28, 1988
3. Elgrations dat€d l.{arch 28, 1988
4. f.,ardscape PIan dated Mar:rctt 28, 1988
5. Special Der,relcpnent District, lpplication ard Envirorrental Iryact Repor-t
as prepared ty Feter Janar Associate, Inc., dated Janrart, 1988' ard revised
l'{ar$ 9, 1988
Section 5.
lsre derrelcpnerrt stardards for Special Developrnent District No. 21 are aproved
by tne lbryn @tncil as a parE of the agnoved developnent plan as follcr'rs:
A, Setbacks
Setbacl€ slal1 be as irdicated on tlre site plan set forttr in Section 4 of
this ordinance.
B. Ileicittt
Edldiry hei*rt-s stnlt be as irdicated on the eleratiqrs ard rrcf plan
set forth in Se<fion 4 of ttLis odinance.
C. 6r/er:age
Site 6r1renge shall be as irdicated on the site plan set forth in Section
4 of this odinarrce.
C
-2-
.-' D. Lan(. apincl (r C
Iy
of
to
The area of the site to be landscaped sha1l be as general
on the prelininary landscape plan set forth Ln Section 4
ordinance. A detailed landscape plan shall be submitted
Design Review Board for final approval .
indicated
this
the
E. Parkinq
parking dernands of this developnent shall be net in accordance with
the developer's proposal to provide 95 parking spaces-
F. Densitv
The densLty allowed ln
consisting of not more
s.D.D. No. 21 Ehall be 12 dwelling units
than a total of 13,oOO sguare feet of GRFA'
Section 6.
Uses as proposed on the development plan as per Section 4 of this
ordinance are hereby approved. The PEeE of Special Development DLstrict
No. 21 are uses pemitted by right, conditional uses or accessory uses in
the Connercial Core I zone dl.strict. The pernitted uses in the special
development district shall be the sane as those uses pernitted ln the
Cornrnercial Core I zone district, conditlonal uses !n the special
development district shall be the sane as the conditional uses listed in
the Comnrercial Core I zone district, and accessory uses in the special
development district shall be the sarne as tlre accessory uses listed in the
Connercial Core I zone district.
Section 7.
Following are conditions of approval for Special Development DistricE zli
1. The applicant shall secure permission of the property owner of the
Standard Oil property to conplete construction of the landscape
improvenents as shown in the approved developnent plan for s.D.D. 21
prior to receiving a final certificate of occupancy'
2. -Prlor to-receivl-ng-a- bullding permitithe-appfl-Cint-uust- provLde
evidence which is satlsfactory to the Town Council and Town Attoriey
tlrat denonstrates the financial ability to conpJ.ete the construction
of the ProJect as Planned. ?
3. Construction raust comnence before JuIy lst and the project must be
enclosed by November 13th of whatever year construction conrnences.
The approval shall be valid for three years'
4. The applicant shall construct a sLdewalk from the southern proPerty
. llne of special Developnent Distrlct No. 21 to the north side of the
existing Vail Village Inn access off of Vail Road.
-3-
(
Section 8.
AllEndnents to tlre appr"ored de\relotrnent plan *riclr do not e.harge its substartce
nay be apprcved L'y the Pfanniry ard Ervi-rorurental @rsnj.ssion at a r€gir:Iarly
sc]reduled grblic hearjrg in accordance witlr ttre provisiorrs of Section 18.66.060.
Anertrnenits r'Jtrich do clrarge the substance of the develogrnent plan strall be apprcnred
ln accordarce wittr Sections 18.66.110 tlrrq$r U.66.150. Ihe Ccrnrunity F elcfrEnt
Eeparfunt stalt be solely responsible for deterr.rinirg lfiat constibrtes a charge ln
the substance of the dweloprent plan. An atrplication for a aner6nent to this
Special Develo[nent District, utridl charyes the sulcstarrce of the develogrnent plan
strall corply wittr ttre rcqrrirsrents of Section 18.4O.O30 e)cept tlrat ttre AcmunitY
blelognert Oepar+rent shall deternrine ritrieJ. proper+y jn tJle Special Dettelcfnent
District is beins ajrc<*fy affected by $clr arertrnent ard the consent of only t}tee
otmerls of said prcpe*y shall be r€quiEed to be hcluded in tl:e alpllcation.
Section 9.
If arqz prt, section, slJbsection, senterc, clarrse of gh::ase of this otrdif)arpe
ls for any !:eason held to be jJntalid, suetr decision slralL not affect the \ralidiq'
of ttre rerrninjry pottions of tlris ordllarrce; arrt ttre Tctdn ccrrrcil her]eby decLares
it $cnrld tnve passed tlis ordjnance, ard each pati, section' subs€dion, sentence,
clause or l*lJrase tleleof, regaldre'= of tlre fact that anlt orF or rprre parts'
Sestions, subSeCtionS, se-nterpes, Clauses or phl:ases be declared iJl\ralid.
Section 10.
fte Tqrn CcrrrEil herehy firds, deterrnines ard decla:nes that thts oldlnarre ts
necessar? ard prc'per for the bealti, safety ard welfare of the Tqtn of ValL ard tie
l$abitants tiereof.
Section 11.
Ihe repeal or tlp rrpeal ard reenactrusnt of any pro,risions of Vait ldtticipal
6de as prorrided in this ordjnarpe shall not affed. anlz right lrtridl has accued,
alry dqty inposed, any violation that ocolzea prior to ttre effec*ive date hereof,
any p,rreeortion nor any other.astion or preedirg as ccnunerced rlrder or
tryz virtrre of tlre pr:orrlsion repealed or repealed ard reenacted. Ihe repeat of any
prcvision herchry slrall rrct revive any prcltision or any ordinance previolsly
repealed or sr4rer:seded tnless eryressly stated hspin'
II.|IROUTCED, RFAD AlrD PASSD osr EIRSr READIITG Trrrs S_ day of __@I_,
1988, ard a prblic hearirg stta.l.l be heLd on tiis orrlinance on the sth day of
April , 1988 at 7:30 p.n. in tlre courcit (tlalbers of the vail ltwricipal
Frildhb, vail, 6londo.
oldered Flrl.ished in ftfll this 5th day of April , rgsg.
READ AND APPRC'\'ED oll SECOI.ID READDJG A}ID ORDRD SJBITSHED
tiis 19th day of Anril ,
1988.
o fb
,-.1. t
..,.- {,
, ,-\{-z- li,.f- t/
ta
Ct'
L976, establishing Special Developnent District No. 6 to
unified and coordinated develpnent of a critical site as a
in a manner suLtabre for the area in vhieh lt was situated.
Special Developnent DLstrict No. 6 provided in Section 14
ORDINANCE NO. 24Series of 1989
AN ORDINANCE AMENDING SECTION 8 OFoRDINANCE NO. 14 SERIES OF 1987 to pnovros
FOR THE AMENDI.IENT OF DENSITY OF THE
APPROVED DEVEIOPMENT PI,AN T'ORSPECIAT DEVEI,OPMENT DISTRICT NO. 6
Now, THEREFORE, BE rr ORDATNED By THE TowN couNcrL oF THE TowN oF
VAIL, COIORADO, AS FOL,IOWS:
SectLon 1. f,egislative Intent
A. Tn L976, the Vall Town Council passed Ordinance No. Z,
SerLes of
insure the
lrhole and
B.
that the Town councir reserve the right to abrogate or urodify special
Developnent District No. 6 for good cause through the enactnent of an
ordinance in conformity wlth the zoning code of the Town of Vair.
c. rn r-985, the Vair Town council passed ordinance No. L,
series of 1.985 providing certain amendments to the developrnent plan
for Special Development District No. G.
D. rn r-987, the vair rown councir passed ordinance No. 14,
series of 1987 providing certain amendnents to the development pran
for Special Development District No. 6.
E. applicatlon has been made to the Town of Vail to modify and
amend section 8 of ordinance No. L4, series of 1997 which relates to
the arlowed density of the development plan for special Development
Distriet No. G.
.' : . ". .f-:,. ,lt:F. The Planning and Environmental Conunission of the.:
Vail has reviewed the changes..''..''
G.The vail ronn councll considers that the anen.Jnents provl.de
a more unified and aesthetlcally pleasing
site within the Town and such amendnents
safety, wel-fare of the inhabitants of the
developnent of a
are of benefit to
Town of Vall.
I
l_.,-- : r
Town of
critical
the health,
Section 2.
A. Section 18.50.130 Density is hereby amended to read as
folLows:
,e o
The gross residential floor area-(GRFA) of arr districts in the
special Developnent Distrlct sha1l not exceed L24?527 square feet.
There sharl be a nininum of 148 accommodation unr.ts and 671367 square
feet of GRFA devoted to accommodation units in phase rv and plrase v of
special Developnent District N6. 6. 3,927 square feet of GRFA shall
be all0cated to unLt 30 0f the Vail village praza condoniniuns only.
B' section 11 of ordinance 14, serr.es of 19gz ie hereby anended
the addition of subsection 9 which sharl read as forlows:
condorninium unit 30 of the vall vil.lage praza condoniniurns sharr
be subject to, the restrictions of section 17.26.075 0f the Town of
vail subdivision Regulations if utilized for residential purposes.
The Tourn council hereby f,inds, deternines and decrares that this
ordinance is necessary and proper for the health, safety and rrelfare
of the Town of Vail and the inhabitants thereof.
Section 3.
rf any part, section, subsection, sentence, clause or phrase of this
ordinance Is for any reason heLd to be invalid, such declsion shall
not affect the varidity of the renaining portions of this ordinance;
and the Tov.rn councir hereby declares it wourd have"passed this
ordinance, and each part, section, subsection, sentence,
crause or phrase thereof, regardless of the fact that any one or more
partsr sectlons. subsections, sentences, clauses or phrases be
declared invalid.
Section 4. The repeal or the repeal and re-enactment of any
provisions of the vail Municipar code as provided in this ordinance
shall not affeet any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any
prosecution connenced, nor any other action or proceeding as commenced
under or by virtue of the provision repeal.ed or repealed and re-
enacted. The repear of any provision hereby sharr not revive any
provisJ.on or any ordinance previously repealed or Euperseded unless
expressly stated herein.
Q,
t'
t
by
9.
'-.+_-.---
g
INTRODUCED, READ ArID PASSED OII FTRST READING THIS 7thl{ovember _ /rn day of,lvyErruer , 1999,and a publlc hearlng ahall be held on this
o
7th day of November , 1989 at z:30 p.t!. Ln theof the Vall UunLclpal Bultding, VaIl, Colorado.Ordered pr,rblished Ln fult tbie' 7th day of r 1989.
a
ordl.nance on the
councl.I Chanbers
TNTRODUCED, READ AltD AppRovED oN sEcoND
this 2let day
READING A}ID ORDERED
of Novenber
PUBLISHED
Town cIEE
)
'{
r\ rr P1.\ [.]f
k\nrlrdft.u (vtril-uv J'tI
Ofice of the Town Anorney75 South Frontage Roaa
VaiI, Colorado 81657
io3-479-2 IO7 / FAX 303-479-2 I 57
March 23, t992
Mr. Flank Cisero, Jr., Attorney at law
KirHand & Ellis
1999 Brcadway
Denver, Colorado 80202
Dear Mr. Ciserq
After reviewing your letter to me of February 25, Lggz,I researrched the ordinance which omended
the Vail Village Inn Special Development District (VVI SDD) permitting the condominium you
presently own to be converted from a commercial condominium rrnil ls a residential unit. My
research has i-ndicated to me that ordinance No. 24, Series of 1989, which ev.ended the WI SDfi,
was agtively and aggressively pursued by you. There was never emy effort on the part of the Town
of Vail to impose the amendment upon you.
The restriction 1ou complain of in your letter which requires that your unit be restricted to 28 rtays
of personal use from December 24 toJanuary 1 and February 1 to March 20 was voluntarily as"e;a
to by you, and was included in a third arnsndynsaf, to the condominium declaration for iheVait
Village Plaza Condomini 'ms and siped by you as well as the other developers and lenders involved
with the WI SDD.
It is my opinion the ordinance which amended the WI SDD to permit you to utilize what was
previously a retail lnil ss s lssiflsatial rrnit and the onditions which were included i1 ffus ordinsnce
and the third amendment to the condomini 'm declaration for the Vail Village P]aza Condominiums
are valid and enforceable.
Alfhnrrgh I do not. think the qrre-stions yo': raiserl relaring ro SeCion 17.2q 0?E ef tbe Municipa! Ccde
of the Towu of Vail are rclevant to the conditions which were inposed in Ordinance No. 24, Series
of 1989, amenrling the WI SDD, it is my opinion that Section of the Code is not an unconstitutional
delegation ofpower under Article 5, Section 35 ofthe Colorado Constitution, nor do I believe you
were illegally discriminated against by the Town of Vail.
Ifyou have any additional questions regarding this matter, please do not hesitate to call.
Very tggly yours,#vLawrenfA. Eskwith, Town Attorney
LAE/dd
t
Frank Cic€ro
To Call Writd Direct:
lle E6r-2216
KIRKLAND & ELLIS
A PAITNI.RsHIP INCLUDING PIOf I5SIONAI COTFOIATIONS
200 East Rendolph Drit/E
Chicago, lllinois 80601
312 86rax)0
April LL, L992
fuli,a,*rth;u* L
Facsimile:
312 86r.2200
Lawrence A. Eskwith, Esq.
Tonn Attorney
Town of Vail
75 South Frontage RoadVail, Colorado 81557
Dear Larry:
Your letter of March 23t 1992, disqusses several of the
natters I raised in ny letter to you dated February 25, L992.
However, there is one additional, key natter which I raised in nyletter.
Vail's condoniniun conversion ordinance requires
condoninl.um unLts subJect to the ordinance to rrrenain in the
short-tern rental market." My understanding of Colorado law is
that tbe Tonn of VaiI does not have the authority to regulate the
nlghtly rental rate at which a condoniniun owner night choose to
put his unit on ttre narket. An osner putting a unit into the
narket could ask any amount he chooses for a nightly rental and
the Town does not have the authority to regulate this.
When we net in your office in January, we dlscussedthis natter specifically and you agreed that the Town did not
have the authority to regulate rental rates and inpose any
condition on the anount which an owner night ask for rental.
I would appreciate your confirmation of that view.
yours,
Cicero, Jr.
FC:Jf
Denver Los Angeles N€w York Washington D.C.
L
MINUTES
y1{L_1o14{ couNcrl, MEETTNGSEPTEMBER 15, 1992
7:30 P.M.
A regular meetins of the vglro]^ council was herd on T\resday, september 1b, rgg2, in the|:#:rt chambe; of rhe vail mGr*ri"rrilng- the -eeuo!wai cared to order at z:b0
MEMBERS PRESEI{T:Peggy Osterfoss, Mayor
$erv^fgnin, Mayor Fro-Tem
.rrm LirbgOn
Jim Shearer
Tom Steinbere
Rob LeVine
Bob Buckley
TOWN OFFICIALS pRESEI{I: Ken Hughey, Assistant Town ManagerL,arrf_ Eskwith, Town Attorney
Pam Brandmeyer, Assietant tJthe fown ManagerMartha Raecker, Town Clerk
L rhe first item on the agenda was citizen participation of which there was none.
second on the agenda was a consent Agenda consisting of two items:
A' ordinance No. 22, series of 19g2, second reading, an ordinance authorizingand directins acquisirion.
"f ";"#;;;;;;;"* particularly described inExhibit A, attachld hereto a"a i".orio"-"i"it*"""ir, ('t,Le property,,) for parkT;dj:"":"Ion purposes, .,1a u"tnotii"?"ii=*o.tir* the acquisition of acertann permanent easement *o"" piti"J""rv J""?in j il- i'riiurt eattached hereto and incorporated hereil (';tu"
"*"-"^ot,,) to be acquired byneSotiation ifpossible, and ir""goti_-.tio" i" i.'oi r,r""*"rfu1, by eminent domainprcceec[ngB.
B' ordinance No' 23, series of 1992, second reading, an ordinance authorizingand directing acquisition "f ?'e";;;;;asement more particurarrydescribed in rxhibit A, attachei rr*"t" La rncorporated herein, (,,theeasement") for public &dl?q";""d;;;;nffiation, and, if negoriarion foracquisition is nor successfd;bi "#;;;;;; proceedings.
Mayor osterfoss read the titles in fuil. Larry Eekwith noted conrection of a typo in orrti,,anceNo. 22, and stated the word'b.;*;"r" *;, ; b" ;;;ilJ; rhe word ,,easement" in thetitles of both of these o"aioui""*-u"di" next publicaiion- -(Nii",
The addition is shown inbold above.) Jim. Gib-son -;;; ;-.on"":r inu co"rloi egoau with the correction andl1t*1X:"".",31$-lnf; *tth;*fi;a r'"- r-"- i'i"tffi; A vote **-t'rJo-"ra tn"
Item No' 3 was o-rdinance No' 24, series of 1992, firrt ls4rring an ordinaace authorizing theissuance of rhe Town ofvail, c;il;d;;c.lr;;;,oiirer,iffii_aio* Bonds, Series 1ee2Ain rhe toral aggregarepri".ipJu_;;; of $z,ooo,ob-o-rolil;;;p"." of retunrting a portionof the Town's outstanding d""";obl-is;;ili##dildt series 1985; prescribing theform of said bonds; proviiing ro" tn" r"i' of general J i"r."# t *e.s to pay the principal ofand the intere" T.:1: ":-19in*Jqys-"gr"i "o.,"o"ot, ii"iLltru, in connectiontherewith;and repealing all ordinance in conllici th"""*tth. "M;;-dilrfoss
rcad the title in fi:II.steve Thomp*" i:{?T"d th" pir"G; of this o"oina".i ti"iordinance No. 28, series ofl99z' r'arry Aubrecht,:epresenting Hanlfen l-h;li;Jdftaru,-representing KemperSecurities, and Steve Jetre;, ;;;;ffid"s c*"c" K-.-d;;e""ussed the bond detaits, andthe rationale of eplitting int" t*[ m"a irsues - general obligation refundirg bonds and ealestax revenue refunding bonds. After discussid;;*1ffffi amounts, ratings, and callperiods' Merv Lapin nbted these ordio"i""* were not fi',al
""tit {f" eecond reading. Therewas discussion concenring pot""ti"r
"o*"quences should thes; oramances not pass on second
reading. Merv the*itna-s""o,Jd;"tTT$,r""TilHgl"ffi#J3,?:*ffi;:J3r.ri#trj"f;
;HsrItem No' 4 was ordinance ]\o' 25, series of lg92_, first reading,.an ordinance authorizing theissuance of Town "rv"', c.i""1-ffi"r""""'i* R.rr"o.re Refrrnting and_lmprpvement Bonds,s-eries 19928; providing irr" r""-, t"#.
""d "o"diti; jiiilEtiar,
r,hs pannsl and rermsor rssuance' the manner or "*""oti*, tt.nepoa ;i;il;;d the_security the.elo.";iit{i:;*nff ili:trY,i'*i:H*:ijLt*ut,r"*n"ffi ",orthebonds;pro,idingthesaresta"aodpa"kt"s";;;;il#ffi"r::ffilT:Hfff
":rtr#HJB:iffifjthereto; and repealins "'i"u""rJ". ilffi,ht{iliirf,. ri,iliil't sterross read the tirre infull' Notine rhe ourpos" :la p"*i""r*l ,?trri" ,"air;; h;Tffirl dir"rrr""d in conjuncrionwith ordina"""-No'--24, s;n;-'o?"rtili1"*^r-,'pio *o.,J-#;;;"r* ordinance No.2b,series of 1992, on f*st read,in_g, ;th;i*""a.rd- n"u Hi#":i vo,e was taken and themotion passed unanimouslv, z:i. sli"i "rai"g" oiorai"J""" N". * and ordinance No.ii;5,il,lHi,1ilffi;:;S:a"r"i?#lv,,rii?'"c;;#;;:iarEveningMeetingon
Item No' 6 was orrtinal3e
-Ng.-26, Seriesof 1gg2, first reading, an ordinance repealingsecrion 11 0f ordinance rvo. rnl s""i"J"iiiez, s"p"L.ti"i ;;;;;:*"* the v. a' viurg roispecial Development-Dli;;t;;#""# irle restrictioo oo
" a*"tlng un*, and setring forthdetails in regard thereto. rn" .ppiiiiiluas_ BSc ; ffi, b;ir""do, L.p.rFrank cicero.Mavor osterfoss read rhe tijre in i,iiL- niit" ,"uj"; ;;oi;;d';# apprican*s request wasfor a major amendment.t Sp""i"f n"""f"oi*91r.ni9*i"i fSnOl"fr". 6 (Vail Village Inn) inorder ro remove r ":"Fl_fft{"t#'ilil urrit N".-io l'r-ir,""vu' village Inn prazacondominiums' Mike blielly o"trio"a*ioffi.tion covered-iolrrJboot memo dated August24, lg9z, regardine ttr" u:.[g"";;;ili.rr of the plannins process which occurred. in1989' allowing unii No' eo t"-1" .t""Jtii*.*
"omme"ciar use t'residentiar use. He notedthe planning *o rl:lo"*;;hl b;;;;;ion eaCl, J -d;;i"s"rr
24, ree2, publichearing, had unanimously voted rz-ol t" ""."-m_end deniJ oFfr, .ppti"ant,s request. IGnWilson, Branch Brokel ior V;i ;;;;" *+ Bstate, [iJ.."ouog the applicanr,distributed a le*er dated septeJle;i' b1;, *ni.o q"""tioi"i-#n-"ro"" or nor unir No. B0should have ever been praced
"r,a". irl" -c;;d";;;;-c;ffiH;lrdinance,
and wherheror not the ordinance naa ueen ."".iJ*tli'appriea ovei;t-;:;; tus point, Bob Buckrevstepped down from dis_cussion of _rhti;;i; item due to a potential conflict of interest. Alengthv exchange followed.with ru". wir".""lnd ap-pricant, r,iuottiu-, alternately voicingopinions about lack of consistency i" ""-i""."i"nt oftrre c.lra"-irrii- uonversion ordinanoe.referring ro the Gatewav ana vait viii"g"*r"l ,. .a;..",iii"?diies withour the rentairestrictions' and quesrioning trt" r"gaJii ri *"-g.ari;;. "c;fi'.il and staff repeatedryemphasized each sno sbod o-n it" oin -"rii, .rla-*acl son ro-Jaioerent restrictions anddevelopment standards' ro* s-tJi"E ffi bt rrvirr" p"I"-t"i-J#.oncessions other sDDshad made as part of the.creatio"
"r ln?i"
-JIjo.. wr,"";;'ffi;f fr,;'wourd consider putringrn eynploJee housing units as part ofa request, Mr. ci"=", ".ia ne would, but had notpreuously contemprated that idea. nob su'ggested u". ci""* "Iturn to counc' with acomprehensive plan rrl r".*t* ai.il;; *i!1 **.r-d-fr;DD amenrrment again.After discussion abour ttr" rpfi"" "r*"#Jri" ^nesotiition ai"irr.iorr. with rhe p'c, Mr.cicero asked ordin"tr." No.-id, s"?Tr"Tiigsz, 6" r"ri"arl"t" *"ra explore arternateproposats. At this point, Jim Giul,*.""Jt" a"", <j"ai""ri, N"l-ru] r""", of 1992, on firstreading' with a te"b"a r"on ri;ffii"*b#. t"ro". u v3.be was taken,'wtayor osterfoss notedat the time the rental restrictions *;;i;""d *. rvrr. ci"""ot ooiii't u *", on the pEC andshe felt the current
""qo"*t aiJ-.rri-J#"#r"r. B ;;;;i# "r"" sDD criteria. Mr.cicero again asked for a motion-tr t.lr" tl" ""air"r"" .*i"-o"a ff;L, to start the processfor this amsldmsllr fauejJ-lr9m r;;h.- .li1 ciur"";r#; his motion to denv9#til"Xk3t;Hgior.rsgz,-a;a-f#steinberg*thd-#;;;u.ondortharmotion-.y!!.,*;;-il";"[i"ff;i"'*:T$-,'r;Etru*]lm*';? j:ff:';t,#,r'evine and Merv Laoin,opposea. -wrirc rvroiri". indicateJ ""
-.darti""r
g1,000 applicationfee wo'Id be required qM"..ci"*.ffi#il ro"^",, son "-Jit""rr, and there wourd bea time delav of aooroxima.telv fi;; ;";;:"Jr- Gibson -"*a-a*i""y ordinance No. 26,series of 1992, on r:rrst y3dinl ""
jt aiiT"t J."r."- *iin sri;;d;, and lhe vail villageMaster plan. Tom steinbers-;;"alJrii.'Jru*. e ""t" ..";;;o, and the motion todeny ordinanceNo.26, s"rl"i"rrs9il"i"fr;t1""ai"c p";;, oli_r"ffiu nrcktey absraining.
Bob Buckley then rejoined Courcil.
2
o
Item No' 6 was review of proposed rown of_vail contract with Alpine Lrter:national, rnc. todesign the master. ptao io"--ttrl- Tffili v;it ;;;;""ia^;*.,ia" the accompanyingmanagement report' Andy I{nudLs"o ooLd m" p-p"."'a;;:;* was before council forapprovar because it involved
" f;-gr=u;;tnl, *oro,o-06.-ffi;n" reviewed, co__*ityDevelopmenr Deparrment (cDDt;;;;L c""".''""d riooTffirip, 4ated May 12, lggz,which included inforrnati"ri-.u-rit ptig"*
9o lh".g"-gt-ry project. He also reviewed thedetails of the RFP process^and t*r!, -n'o*",
and estimated iees fl" the project. The budeetfigure arrived at was.g60,0o0,;;*; *"ilu""*;f $a4&;;;"" possible cost overruis,Kristan pritz advised th; ilds;i;"r"i15, q9- ;J""y "iJi* in cDDs budget. JimGibson pointed our the cemetetrrl;#i
".g-"uy i;;*;i;uTop"o ,p."", and., althoughsherry Dorward' vice-presiden;;Aiil"" ;brnational, ro"., "arir"a no definitive guidelinlshad vet been set, .h".i"di;;;a1t"""""-",*r, was being planned. to be naturar andunobtrusive' There-111 u"i"rcr"""JiJ"
""q:".u;g " s""ilri"".riil-oranngd for the cemeterysite' Tom steinberg su_ggested th" ";;;;;-managementL "oo*tidut d with the Minturncemetery District,"anf;t;.;;;;;;"'rh", ut ioG*o'oiJri aoa Nortingham. rt wasnoted that Larry sloane, thl p"oi""i-;'io""g"*".,t consultan! would be at the october 6,1ee2, council worksessio", ;d i;;;l"ec;,iil,iil;iJi"".tio. to Mr. sloane arthat meeting' Jim Gibson in"" -l"hT"1pprove the r.* "rGvcontractor Agreementwith Alpine Internationalll q a".rei iil" -urt"r ptan ror the iov cemetery, with a secondfrom Bob Bucklev' pgfore a vote wals taken, hr.tuo ernphasized this agreement was for
l1:,ooo
plus the 9b,400 contingencv. a rtt" was taken
""d d;;on passed unanimougly.
Item No. 7 was an appeal of-the Desigr Review Board (DRB) decision to apprcve landscapechanges for the nvne nesiae"*, r,"i-r, Ei,oa. 2,.v3il virage 1st Filing/l Forest Ed. Tieapplicant was Ron nvrne. shellv-Meir" uJJry
""prainea coficl l.d
"rp""*r"d. concern w.ithexisting site developrnent encroachments o!to-U.s. r'"""ri su*ice land. Jay petersondiscussed the hisrorv
"f d*"1;fi;;;";-th" sv,-" p*p";i irii,.ar", aircussions $,ith vairAssociates, Inc. rerldinga""!r.p-""t".1" pi"" ddf;";;;iro.roa the property. JoeMacv' of vail essociates,-rnc. dr{t;;;;i gi""*.ir";iil;;;"nt of this rot with starrand Ned Gwathmsv, the architeciil"iitJpi":""t-"i tn" u-ill;"ft"" prace approximarelytwo vears ago' The plan resulted in til[-insta]l"tioo ;F; *]LJaiu""rion system whichencroached on Forest service pr"p"*i.1i*
"k";;l;dg;j,o-Ipp"*ur had been receivedfrom the Forest service ur*"in"'*a"t"" i$"".ioo plan was impierolented. Tim GranthamLands Forester with tue ro"esised;;;ril;":"""iTrr"i""ih been a site visit ro thJByrne propertv' and most of what tn" r"""rt s.*rJ" rr"a "rtJ ti" ao*" at that propertvto correct the encroachment situado;;;;"" done. Additionally, Mr. Grantha* s"i-d th;Forest service recognized tnete wasa *liJt at io"g" problem-inliat area, and had agreedto a special use Permit uou"g"*""t Jfrftl.By#;i;; tn" i"i'aim" the Forest servicewas not liable for anv damage a* to tn" "n&;;;;'dff;; patrem cawed. bv rvr".Bvme's water diversign svgtei.-d;"";; technical disc,rssioi?Lut the water flow andrun-off' and further
-"lT:,t:1"**"1r"g tt water. At rhis p"i*, i* Eskwith indicatedthis agenda item concerned an appeal "r" onn .pp*.r;i#il; changes, not the war,erdrainage issue. Larrv said two sliamf, li'i."r;;,rrd b";;q"tffilRor t "vir," then movedto uphold the DRB -*?:r; ti ffiffi"li" hndscape changes, with a second from JimGibson. A vote was taken and that *otioo l?rTd,narrim_oualy, Z_0. L,arry suggested asecond motion reeardi_ng u *itt"" usr"e^-Jot between the Fore# service, Ron Byrne, andToV about Mr' Bvrne's water dive.sio-u il;;ro, and other encroaclmeots ue required priorto the igsuance of the final c";ifi";;;'o."oJ"r"v tC.6;"ffi"" addirional technicatdiscussion about the tt.,a""gro,rtrJ;il# pip"'io"t ]lla ,. rl"""t service land by MnByrne, ground wal,er movement tendenci.u, "Jt"i b""t".r;ilh"1',ir.,erts vA had the rishtto open or close, Tom Steinberg
""gg".;;e til; Fo"est Se;.,ice*hirl ti"i" hydrologic engineerlook at the whole situation o" irtJ'r'r"pJ.*.iil urr" "-p*r""a #""il" at Mr. Byme,s havineput in structures on Forest service iJoa rJirr9"1p"i-"tir"l*,"""i'ithout having advisedTov, therebv placing rov ul u"f ity ri #i"t d;d;gtsitil*. Tom steinberg thenmoved that staff be instructed not t" 1r"""
"
p"*"o"ot c.oluntil euch time as satiafactorvresults were receiveu,:l:.ll*.tGFr,rd; !i' a hydr_orogic engineer as to the effects anisafety of the sngineering structuneJ that had been bu't by Mr. -Byrne,
and until (1) a pranror revegetation of the cut slope utra otl".
"""as-of impact *"" """"iu"a, (2) satisfactoryresults of a mechanic"r enginee';s sil;;;g a-,r"irrg tn"-o"*i';;;r- run_off in the areawas received' and (a) a written .g""^dt *i]n th" F;;; s;;;";; worked out about Mr.Byme's water diversion- system. Jin Giil;; seconded tlat notion. Larr5r suggested theuniform Building code be checkeJ;;;;*if the;;di;; r"q"JJia in this morion wereappropriaterequirements.Jaysr"t€a-;h;-Jipri"u"T*,oJa:;#i&aletterholcingToV
L
hamless' A vote on that motion failed, 1-6, aI council opposed except rom steinberg. Robr'evine then moved to direct.staff;;t-; ilil a p""-"oent c.o. 'ntir such time as shlrhaddetermined whether or not additio"J J;ff;were ne@ssaq/ and apprnopriate, and there wasevidence of an agreement netweenlil" i[_"Jt Service and the proo.,
;ffi l'#?ili:1,T,**s"*i""p*p"J;:"ig;;;fi #;"Hi-'iHT"tff 'flH-j*
regarding the water dl,lT:^"3.:iTtor-rslv, 7-0. stltr *." aiiot"a t" *t*;'cilfrrversron issue on this property,
tt$nlnf'"}ffj r0 were Infiormation updare, council Reports, aad other. The following
* Jim Gibson and Jim shearer had visited the Prblic works Departmeit (pw) on septemberl5' 1ee2. Jim Gibsonxot{ d"ya;i"l ;;;';-##ih?*a ,o be included inoriginal plan reviews of DRB "ttJi'nc a""ijons alfecting;";;;#"g and snow storage.Jim Gibson noted pw requested assistaoce witn a"""1"G".i;;'pw pR ca-paign.* Merv Lapin asked Kristan pritz for a rist of restricted rental properties.* Tom steinberg advised colorado Public Radio had installed some of their translatorequipment, a:rd noted Jhl{gg ild r"*; d"wn tlrgir *q;; f;"; $40,000 federal grant.He anticipated colorado publie R;a;;;fis aerdag "i,""t ru"ti", request to Tov.* Merv Lapin inouire{auorit. paved parking at the soccer field- Joe Macy stated that areawas VA propercy, and thought th"o *.. rrr'ugr".-"ot between rov ana vA regarrring thewage of that lot- stalf was direcred iri"*#n ";;;rg-;;s;;;"t..
;ffilr?tiltr5:*H.bec"me orthe flag pole plenngd to be erecred outside vRA officeg
* Jim shearer felt appointed rov board member-tem.s should be limited to g consecutiveyears' Larry Eskwith was directed t" a""n." ordinance for council review.
Before adjoumment' Larry-Grafel spoke briefly about results of bids received for developmentof the ski Museum park. He ""tJ;il i* uia" "*i""J"."JaIi "l"r-"t"a costs by z0 to1007o' and were rejected. He said uia"
-rr"'["
p"oje"t wourd u" *""riJt"a in January, 1998.
There being no furt'her business, a motion h.l{grp- _the meeting was made and passedunaniyneusly. The meeting was ad;oumJJrO,SO p.M.
Respectfirlly submitted,
a.
ATTEST:
ffi
Minuh6 tafioo by Dodanno S. Doto
4
C:\ll[SEPl5.gz
o'I
{t
TO:
FROM:
DATE:
SUBIECT:
IIEMORANDUM
Plannlng and Environmentral Gommlsslon
Community Development Deparlment
August 24,1992
A request for a malor amendment b SDD No. 6, to removg a prevlous
condition of approvdlfor Unit No. 30, Phase l, Vail Vlllage Inn/100 East
Meadow DriveNail Vlllage Plaza Condomlnlums.
Applicant BSC of Vall, Colorado. LP./Frank Glcero
PlannEr: Mks Molllca
DESCRIPTION OF THE REOUEST
The applicant, Frank Glero/BSC of Vail, Colorado, ls raguesting a maior amendment
to Spd6iat Development Dbfid No. 6 (Vall Village lnn) In order to removs a previous
coniition ol approval for Unit No. 30, located In Phase l. The apdlcanllq tEuesting,
that S'..Jirrn 2 B ol Minance No- 24- Sedes ol 1989. bs eliminaled. IhiS Sgction olthat2, B ol frinance No. 24, Sedeg ot 1989. be el-minatetl. This sec1iglf
upon No. 30 of the
llage Inn Plaza ,
as follows:
'Condominium Unit 30 of the Vall Mllage Plaza Condomlnlums
shall be subiea to the restricitions of Section 17.26.075 of the
Town of Vaia Subdivision Regulations if utillzed for reskJenlial
puposes. The Town Council hereby flrds, determines and
declares that this Ordinance ls necessary and poper for thE
health, safety and welfare ot the Toiln of Vail and the Inhabitanls
thereof.'
BACKGROUND AND HISTORY
The lollowlng outline reconstruds the plannlng process whlctr oqcun3d In 1989'
allowing conlominium Unlt No.30 ot thE Vall Village Inn Plaza Condominiums lo be
converlEd from commerclal use to residential use. A copy ol the perdnent staff
memorandum, meeting minutes and ho finalOdinance are attaded to ftis
mgmorandum.
a. September 26, 1989'The Plannlng and Envlronmental Commlsslon
reiommended denlal ot the requesi to amend Speclal Development Dlstric{ No.
6 (Vait Vilage Inn) to Increase ihe Gross Besidential Floor Area by 6,000. .
square feet] Ttris'amendment would atlow the applicant to converl an exlsting
o \
,|
toommsrolal space (Good's) to a rasEential unil The PEC recommended denlal
of tre rcquesi, by d vote oi 4 to 3, findlng that a loss of commercial space In
the core was nol appropdate.
b. OctobEr 17, 1989 - Ordinance No. 24, Series ol 1989 (First Reading) was
reviewEd and discussed by the Town Gouncil. Subeequently, the Ordinance
was tabled untllthe next evanlng mestlng.
c. NovembEr 7, 1989 - Ordlnance No. 24. Serles of 1989 (Flrst Raading) was
agaln revlewed by the Town councll. Afbr discusslon, the Town councll
approved hE ffiinance unanlmously, by a vote of 7 to 0.
d. November 21, 1989 - ffilnane No. 24, Sedes of 1989 (SJcond Reading) was.
unanimously approved by the Town Council, by a rote ol7 to 0, on the consenl
agenda.
III. SPECIAL DEVELOPMENT DISTRICT CRITERIA
The criteria to be used to evaluate this proposal are tre nlne Speclal Developrnent 9istrict
(sDD) <revetopmenr sranda* n tnE speciat development district chapter of the
26nfi6--eo<re. The criteria are as follows:
A. Deslgn compatlblllty and sensltlvlty to the lmmedlate envltonment,
netgFUorhodd and idlacent propertles retatlve to archltectural deslgn,
sca-ie, bulk, bulldlng helght butfer zones, ldentlty' characbr, Ybual
Integrlty and orlentatlon.
i:::,f,':.Tli:':?13: ffi:":#*'
believes trat this development standard is not applicable to tho applicant's
request.
B. Us$, actlvlty and denstty whlch provlde a compatlble, efilclent and
workable relatlonshlp wlth surroundhg uses and ectlvlty.
As indicated in the staff memorandum dalod September 26, 1989, the stafl
second and third floor retail
uses within this
ot and tha axlsting Core
UeEuseTe appticants original request was lor an Increase !! density (i.e.,
GRFA) th6 statf contlnues lo maintaln the! thq unlt should be
utilized
resfn6|fraccordans to Section 17.26,075 (Gondomlnlum Conversion) of the
romTt- ansumffion mEomdn's. A copy ot thls sEc{lon of the stbdivlslon
Regulations is attached lo thls memorandum.
-2-
J.
I
aI
I
c.
I
Complltnct wlth parklng and badtng requlEments e3 ouutned In Chapter
1852.
The Town's parklng and badlng standards br resldential uss haw been met
wlth ths converslon ol condomlnlum Unlt No. 30 tom retall commarcial to
resHendal.
Contormlty wlth apptlcable elements of the Vall Conptlhendve plan,
Town pollcl* and Urban Deelgn ptans.
The tollowlng sostlons ol
thls proposal:
Commercial
Itcally rclate to
3.1 - The hotelbed base should be preserved and used more
efficiently. .
3.3 - Hotels are important to he continusd succsss ol the Town ol
Vail, lherefore convercion to condominiums shouts be
discouraged.
Villaoe Core-Uonshead
42 - Increased dens'rty ln lhe core areas ls acceptable so long as the
existing charaster of each area ls preserved throuqh
lmplementation of he Uban Design Gulde Plan and the Vail
Village Master Plan.
The following sections of the Vall Village Master Plan specifically relate lo this
proposal:
D.
23
23..1
- Goal - lo toster a strong tourist lndustry and promole lear-round
economic health and viability for he Mllage and for the
community as a whole.
- Obiectlve - Incrsase the number of residential unils available for
short-term ovemight accommodations.
- Policv - The development of shorl-term ac-commodation unib ls
strongly encouraged. Resldential unlls thal are developed above
existing denslty levels are required to be designed or managed In
a manner that makes hem avallable tor short-term ovornight
rental.
-3-
a.
I'i
It
1V.
E. ldentlflcatlon and mttlgatlon of naturat and/or geologlc hazards that lftect
the properu on whlch the speclal devetopment dlstrtct ls proposed.
No natural aruVor geologic hazards ars presont or affect frls property.
F. Slte plan, bulldlng deslgn and loca$on and open space provtstons
deslgned to produce a funcuonal development t"spon3lve lnd sensltlve
to natural leatutls, yegetauon and overall a$theilc quallty of the
eommunlty.
This dwelopment standard ls not applicablE to tre applicant's roqusst
G. A clrcutatlon system destgned for both vehlcles end pedestil8ng
addrcsslng on and off.slte trafflc clrcutailon.
This clevelopment standard is not appticabte to the applicant's roquesl
H. Functlonal and aesthetlc landscaplng and open space In order to opilmlze
and prcserve natural teatures, reireitton, vllws aho tunc$ons.
This development standard ls not appticable to he appticants rgquest
l. Phaslng plan or subdlvlslon ptan that wlll malntiatn a workable, func,ilonal
and efflclent relatlonshlp throughout the development of the speclal
development dlstrlct.
This development standard ls not applicable to he appticant's requesl
STAFF RECOMMENDATION
Upon detailed review of the applicanfs request to elimlnate a prevlous condition of
approvalfor Unit No. 30 thal
the rental restriction furthers the
as indicated in Section lll,D of this
maintainlng the rental reslriction would be
consistent with previous Town approvals, where applicants requested additionalGRFA
and were required to restrict residential unitd. Such projects were the Garden of the
Gods, Tivoli Lodge, Flamshom, Vail Vlllage Inn (Phase V), and the Ghrisilania.
* (ec az-ca'"'-e''*h
qfpacvnano.t rrlt4g?+
o o
ORDINANCE NO.26
SER|ES 1992
AN ORDINANGE REPEALING SECnoN 11 OF ORDINANGE NO. 14, SERIES OF 1987,
suBsEcnoN 9, AND SETnNG FORT]| DETATLS tN REGARD THERETO.
BE lT ORDAINED by the Town Gouncil of the Town of Vail, Colorado as follows:
Section 1 - Leoislative Intent
A. On November 21, 1989, the Torrn Council passed Ordinance No. 24, Series of
1989, amending Section 8 of Ordinance No. 14, Series of 1987, by the addition of Subsection 9
placing certain restrictions on the use of condominium unit No. 30 of the Vail Mllage plaza
Condominiums.
B. An application has been made to the Town of Vail to repeal Subseclion 9 of
Section 11 of Ordinance No. 14, Series of 1987.
C. The Planning and EnvironmentalCommission of the Town fras treiO a hearing on
the proposed amendment and made a recommendation to the Town Council.
D. The Town Council finds that the design criteria of the Town ot Vait Special
Development District Ordinance is met by the proposed amendment.
Section 2
Subsection 9 of Section 11 of Ordinance No. 14, Series of 1987 is hereby repealed.
lf any part, section, subsection, sentence, clause or phrase of this ordinance is for
any reason held to be invalid, such decision shall not affect the validity of the remaining portions
of this ordinance; and the Town Council hereby declares it woutd have passed ttris ordinance, and
each part, section, subsection, senten@, dause or phrase thereof, regardless of the fact that any
one or more parts, sections, subsections, senten@s, clauses or phrases be dedared invalid.
The Town Council hereby finds, determines, and declares that this ordinance is necessary
and proper for the health, safety, and welfare of he Town of Vail and the inhabitanb thereof.
The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any
duty imposed, any violation that occuned prior to the etfective date hereof, any prosecution
commenced, nor any other action or proceedings as commenced under or by virtue of the
provision repealed or repealed and reenacted. The repeal ot any provision hereby shall not
revive any provision or any ordinance previously repealed or superseded unless sxpregsly stated
herein.
All bylaws' orders, resolutions, and ordinances, or parts thereof, inconsislent herewith are
repealed to the extent only of such inconsistency. This repealer shall not be construed to revise
any bylaw, order, resolution, or ordinaooB, or part thereor, theretorore repeared.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 15th day of September, 1992, and a pubtic hearing shal be hetd on this
ordinance on the 1st day of October, 1992, at 7:30 p.m. in the Gouncil Chambers of the Vail
Municipal Building, Vail, Colorado.
ATTEST:
Margaret A. Osterfoss, Mayor
Martha S. Raecker, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this _ day of _, 1992.
Margaret A. Osterfoss, Mayor
ATTEST:
Martha S. Raecker, Town Gleik
croRDe26
TOWN OFVAIL
75 South Frontage Road
Vail, Colorado 81657
303479-2136
FAX 3034792157
CERTTFICATION
Offrce of the Town Clerk
transcription of
amending Specialthe final minutes
October 17 , 1989.
STATE OF COLORADO
COUNTY OF EAGLE
5S.
The. foregoing is a full, true, and correctOrdinance No..24.,Series of 1999, first reading,Developrnent District No. 6, which is included ii'of the Vail Town Council Meeting held on Tuesday,
Date: S"++e*r-ttw g.l41a- Tirne:ld.: lo P.M.
Martha S. Raecker, Town Cferffi
STATE OF COLORADO )
-cbuusy oF EAGLE I ""'
d and sworn to before me appeared Martha S. Raecker, Townthe Town of VaiI, -Colorado, ttris 8f1.. day ofn- ,lgq>.
Mov, Iir, 119l
-Subscribed
Clerk of
My commission expires:
0.*:-:; :lcl !,tlrtsil::rl. i,t|';j 1;rlrl!l
TRANSCRIPT OF THE RECORDED PROCEEDINCaS
OF THE REGUI.AR EVENING MEETING OF
THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO
AGENDA l'l'EM tr2: ORDINANCE NO.24, SERIES OF 1989
COUNCIL CHAMBERS
VAIL MUNICIPAL BUILDING
75 SOUTH FRONTAGE FOAD
VAIL, COLORADO
(303) 479-2100
TUESDAY, OCTOBER 17, 1992
COUNCIL MEMBERS PRESENT: KENT ROSE, MAYOR
JOHN SLEVIN, ]',AYOR PRO TEM
MICHAEL CACIOPPO
MERV I.APIN
GAIL WAHRLICH-LOWENTHAL
TOM STEINBERG
TOWN OFFICIALS PHESENT: RON PHILLIPS, TOWN iTANAGEH
LARRY ESKWITH, TOWN AfiORNEY
PAM BRANDMEYER, TOWN CLERK
CITIZENS PARTIGIPATING: PEGGY OSTERFOSS, PEC
PETER JAMAR, REPRESENTING APPLICANT
Transcriotion of tape recordino of Town Council meetino. aoerda ltem #2:
Octob€r 17, 1989
Apolicant's Reoresentative
PJ - Peter Jamar
PEC Member
PO - Peggy Ostsrfoss
Town Atlomev
LE - Lany Eskwith
CouncilMembers
ML - Merv ladn
TS - Tom Steinberg
KR - Kent Rose
GW - Gall Wahrlicfl
JS - John Slevin
MC - MichaelCacioppo
Town Stafl
RP - Rick Pylman
PP - Peter Patten
KP - Kdstan Pritr
KR - Next item on the agenda ls Odinance No.24, Series of 1989, an ordinance
amending Section I of Ordinance No. 14, Series of 1987, to provide for the amendment of
denslty of the approved development plan for Special Development Dlstrict No. 6. This ls also
first reading. Peter Patten . . .
PP - lt is. Mr. Mayor and members of the council, what I'm going to do b go through
the memorandum that the danning statf wrote to the Planning Gommission as the
presentation of the item. Then I'm going to talk about what happened at Planning
Commission and then l'll talk about the ordinance at the end. The request to amend Special
Development Disfid 6, which is the Vail Village Inn Special Development Distrlct, to amend
the tota! GRFA, the total residential floor area tor the SDD to increase 4,900 sq. ft. That's the
way ths ordinance reaG. The original request was for more han that amount and he
planning stiatf recommended for less than hat amount The proposal baslcally is to convert
the gooG retail space to a condominium, to residential use. Basically, what ws're looking at
is a conversion of use from commercial to resldential, where he dlnent'Goods" clothing
store is located. So the applicant originally requested an additional5,714 sq. ft. Norrr that
takes that space that's up there and it adds some loft space and it infills other area There is
currently approximately 3,900 sq. fi. of floor area in that space. The applicant has ldentified
1
it
the reason for the applicatlon as the locatlon bsing an unviable, not a viable, retail space. He
has received approval from the othor condomlnlum owners to proceed with the applicatlon lor
the conversion to residential. Gunenty, the total allowed square footage in the Special
Development District for the remaining phases ls 120,600 sq. ft. and that's ol cou|so attach€d
to the major hotel redevelopment that we all hope someday we see in that site. So, this
would increase that in the ordinance form to 125,500 sq. ft. In looking at the cribda then for a
special development district, the first one has to do with design compatiblllty and sensitlvlty to
the immediate environment, the neighborhood and the adjacent properties relatlve to the
deslgn scale, bulk, building height, buffsr zones, identity, characler, ard so on. Really, there
aren't very many design issues related to ffris. lfs taking an existing space and converting lt
from commercial to residential. We would anticipate if the prolect is approved and lt goes
fonrard, that the owner probably would want to make some minor des[n changes to the
space itself, but at this time that is not belng proposed and those changes would be dealt with
by the Design Review Board. The existing display wlndow down on the street level would
remain and be used by Mllage Inn Sports.
The second criteria then has to dealwith the uses, activlty and densitiss which provide
compatible, efficient and workable relationships with he unounding uses and adivities. l
think we're all aware that the Vail Village Inn Special Development District is a mlxed-use
proiec-t and has a variety of land uses in it now, as well as whsn it's redeveloped to its tullest
extent. And, of course, those uses include commercial and residsntial in various bcations, as
well as resliauranE and short-term accommodalion unitrs, lodge rooms. One of our goaLs in
the master land use plan, as well as the Vail Village Masbr Plan, is to maintiain the mix ol
uses. We feel that's important to Commercial Core 1 and its sunoundirq arsa, which, of
course, this is immediately adjacent to the coro area This is not aflecting that mix of use. lt's
2
changing from one to tre other, but all of the uses are found in ths immediate area, as well as
fie sunounding area. We do feel that we need to protect the short-term bed base. We leel
that we have established a policy, as the Planning Commisslon and the Town Gouncil have in
about the last thrse or four years, where additional residential unlb have been required to be
available to ths tourist market, and we do that hrough the restictons contain€d in he
subdivision regulations whicfi requires an own€r only to oocupy a unit during the h[h season
for a restrlcted number of weeks and il also requires the ovyner to list the unit on the short-
term rental maket when ifs not in use. And we feel that those are appropriate h his
instance, and we'll talk about those in the recommendations seciion.
Next we deal with the parklng and loading issues. Phases I and ll of the Wl contain
basically llttle to no parking. I wasn't around when those happened odglnally. I would
imagine that there probably was some surface parking that may have been eaten up by future
phases, but this is in the original phases of the VVI and what has been occuning is each
phase is developed. Phase lll and then the latest phase, well the latsst phase really dklnt
add any parking, but especially in Phase lll, we caught up a lltue bit on the defi<*t. I think
there was over a 100 space deficit when Phase lll was built. They built the underground
parklng garage at that time. They caught up and fiey are somewhere around 50 spaces
short. When the most recent building was buill there was no addltional parking provided for
on sib. The parking was to be provided in the urderground parking structure. With this
particular proposal then, thers are no parking spaces hat kind ol are designated thal go along
with this s,pace. Joe Staufer has arrangements with some of his tenants in his spaces that he
will lease them spaoes in the parking structure ltself. Currently, we do not have a solid
parking proposal for his particular conversion to residential. We feel that that's important ard
will require that to be documented and done before we issue a bullding permit. The space
s
requirement would be 2-112 spaces rounded up to 3. So there would be a parklng
requirement of 3 spaces. Conformlng with the applicable elemenF ol hs Vail Comprehensive
Plan, I thing here is probably one in particular, lhat is pollcy 4.2 in the Master Land Use Plan,
which talks about increased density in the clrs areas as acceptable so long as the existing
character of each area is preserved through he implementation of the Ur|ran Design Guide
Plan ard the Vail Villags Master Plan. And I think that that polic'y is not in conflict with the
proposal. There ars some other criterla hers that are really not too lmportant or not
applicable, I should say, in that our recommendation for trls, and l'11speak to the 3,927 sq. ft.
which is existing out there, the way this wsnt through the Planning Commission as we were
recommending approval for the @nversion of the existing square footiags, 3,927, to residenlial
use, with the provision that the unit be use-restdcted, in other words that it be available
according to our restrictions in the Subdivislon Hegulations available to the tourist market in
general. We feel that the existing square footage ls sulficient lor the succ€ssful conversion
lrom retiail to residential and that the extra originally 1,787 sq. ft. is really extransous and not
required, and not really a nscessary, if you will, part of the proposal. The Planning
Commission, so that's what went to Planning Commission, our re@mmendation. There was a
long discussion at Planning Commission about this item and I was not present, so bear with
me. Peter was present and he can correct me il I'm wrong. The bottom line is the Planning
Commission denied the proposal 4 to 3, so fre ordinance that comes to you tonight ls not one
that the Planning Commission has voted lor. The Council sees all amendmenb b special
development distdcb, so this would have come to you no matter whether hey had approved it
or denied lt. There originally was a motion to approve the proposal with the condltion that
only 507o of the unit be restrlcted. The Planning Commlssion's oonoem on this itom is that
they felt that this was too large a unit to be a vlable rental unit and hey were Wing to
3C
compromise with the appllcant to come to a comfort levelthat tris was golng to be a unit that
would be okay to create, but only if lt was going to be a vlable rental unit, and they talked
about restricting only part ot the unit or actually dividing the unlt into two units. Those were
not accoptable to the applicant, is my underchnding, and in the end the Planning Commission
vobd 4 to 3 to deny he request Howevsr, before they did that, they agreed on a
compromise square footage of 5.000 sq. ft. ls hat conecl?
PJ
PP
RP
PP
Gommission and the applicant have come lo an agreement that the slze of the unit wouH be
5,000 sq. ft. maximum, whlch allows hem to add about 1,100 sq. ft. of loft area and ln-fill
space. But the Planning Commission obviously stillwas not comfortable with trs overall
proposal, although lt was a closs vote. The ordinance hen is in the tormat lor you to
approve. lt adds, this ordinance would ackl 4,900 sq. tt. ls that your understanding of it, Rick,
was there a 100 sq. ft. difference in here?
Yes.
Okay. So the Planning Commission and DRB. . . excuse me, the Planning
4,900
Okay. So the total amount allowed In SDD on the second page of your
ordinance at the very top. What you'd be voting to do il you pass this ordinance would be to
allow a total of 125,500 sq. ft. ol GRFA In tre Vail Village Inn Special Development District.
That's an increase of 4,900 sq. ft and again this is what he Planning Commission
compromised down to from a larger ffgure that the applicant had requested. Now, I would like
- and his does not change the other provisions of that SDD, which require a certein amount
of accommodation units to be built and a certain amount of square feet devoted to lodge
rooms. As some ol you may recall, when we passed that ordinance, we required actually a
minlmum number amount of square tootage devoted to lodge rooms only so that they couldn't
5
build all condos. At the end of that paragraph I would like to add a sentence that would say
"4,900 sq. ft. of GRFA shall be allocated to Unit 30 of the Vall Village Plaza Condominiurns
only.' And the reason for that is that we don't want to Just add 4,900 sq. fL and then have the
applicant go ahead and put a retiail store back in there anyway and all of the sudden we have
just increased he size of the SDD. So, the 4,900 sq. ft. increase, if you approve it, would be
Just for ftal space only and not just a carte blanche increass for whoever ends up developlng,
you know, the ultimate hotel on slte.
JS - So the number of unib for Phase lV and V - ls this in Phase lll?
PP - This is in Phase l.
JS - So he number ot unib stilt stays the same. Joe can still do 128 units.
PP - That's right That approval is completely unaffected, really, by this whole thing.
So that is the one thing I would like lo add to the ordinance and we can, Larry and I can work
on specilic language toward that end between first and second reading. And with that, we will
lurn it over to Pebr who is representlng the applicant or questions, lvlerv.
ML - | don't understand the logic of why you would allor greabr density on a projed
over and above whats been approved that doesn't have parkirq, that is a conflict, I think itb
going to increase the contlict that you have between residential and commercial, I mean, I
dont understahd, what's the logic of having zoning with the maximum if someone can come in
and get 4900 more square feet?
PP - The logic is that the space is there -
ML - Well, why not 50,000 square feet?
PP - | can't argue the staff are not experb in retailfeaslbility one way or the ofrer,
the uses are all on the site, there is residential uses on the site ard the surroundlng area, we
have adopted policies in the land use plan whicfi encourage the mix of uses, in one sense it is
6
an increase in density but in anoher, its an increase in density that has absolubly no effsct
of mass and bulk on he village. We have had
ML - So, in oher words, the houss
PP - Let me say one morc thing. We have had a history in CommercialGore I area
especially. These types of cfianges and uses. The Village stafled out to have employee units
on street level at the Lodge. They were convefted to retail. There were alot of second floor
apartments, residential unib, in the core hat got converted to commercial space in ths late
70's and early 80's. Some of hose spaces have been even csnverted back. In an area
where you have the type of mixed use zoning that we have in not only the Commercial Core
but in the surrounding areas and especially this is a mixed use projec't, you are constantly
going to have changes of use between residential and commerclal and even other uses on
varying levels of all mixed use proiects. And I guess, l'm not here to tell you this ls the
greatest thing in he world, not at all, I don't think that we're strongly recommending approval,
but what I'm hers to tell you is that I think that tho application itself is something hat I dont
feel is going to create any negative impacts, I don't see anythlng that's golrq to be harmed, I
dont see the Vail Village Inn project will be harmed by frris, on the worst end scenario, fie
prolect would be harmed by empty retail spaoe it it is ildeed not a viable space for retail or
commercial ol some sort. I don't buy that argument. I think there probably could be
somebody that goes in there that makes a vlable operation, but I'm reacting to an application
that's come in to our department and we have to get on one side of tre fence or ttre olher and
I think that lhis proposal is not going to create negative impacts and we will requke the
parking to be located in that underground parking structure and I think with that we're looking
at something that just isn't going to be a negative impact.
ML - Okay, you've answered the use question, but what you're doing is giving
7
,,
someone the incentive to build a big volume building then come back later and fill it in by
allowlng this. Everyone that's got a building that cEur go with infill, whether it's a house or a
commercial building can come back now under your logic and get grsater densi$.
KR - | don't think it's an infill though, is it?
ML - Well, yea, he's adding 4900 square feet. You're not adding to he shell.
You're saying that there's no addition to the oubide of the buiHing. They're infilling lhe floors
on ths inside.
JS - Yes. Up in the loft So whafs the blg prouem with that?
ML - Well, what's going to stop everyone that has something that is more than 2
stories high, whether it's the glass house or whether ifs the house on, the Ghester house
thafs got a volume to it, coming back and saylng, well let's infill the volume now?
JS - Well, I don't think we do GRFA the same way. He's comparing it to a residential
zone district.
ML - But, look, lt's a residential use.
JS - No, it's a SDD.
PP - Yea, it's a special development distrlct, it's not the same zoning as you know,
what you're talking about and
ML - But the SDD has a limit put on it of 120,000 square feet, now you're saying add
4000 square feet.
PP - Merv, all propefiies in Vail have a limit on it,hrough zoning. One way or
anolher, you oome to a number - that's the madmum. The fact is that for the lasl 10 years
we ha/en't been alraid of that ma,ximum number to Increase it and we have in probably 15 to
20 different instances over the last 10 years in Uris specific area and throughout the whole
commercial core and the whole Vail Village area. We've done it, I don't need to go through
8
the names of the projects, but we have done it in many ins{ances, changed that residential
dsnslty allorved.
ML - Yea, but when we originally sst In a special development disfict he applicant
was always for as much square footage as he couH get and that was a quld pro quo, 'You
give us this - we give you that'. Now they're coming in and the/ve got a certain volume. In
this case I guess 2 stories, that they're infilling in order to get greater density. And greater
density does have an effect, I mean, someone's going to be In the 4900 square feet, lt's not
golng to be left empty. You're going to have more people using it.
PP
JS
unib?
PP
KR
I don't disagree with those statements.
Could we go through the thought process with one unit as opposed to two
lcan't. Maybe Peggy can.
Peggy has a comment.
(...inaudible)
PO - I think first of all, the Planning Commission felt that lt was unfortunate that In
this SDD there was not a first-come, first-serve for additional square footage. In other words,
this Indivldual wishes to add space to his oondominium would not be taking any of the square
footage away lrom the rest of the development. We felt a more desirable situation would have
been if the rest of the development... the amount of square footage of this unit. But on the
oher hand, felt that is was unfair to this particular applicant that the SDD had not in fact been
set up that way in the first place. (...) | think subsequently we endeavored to focus on the
oulcome and we were reluctiant to gir/s up retailspace but felt the second story space as retail
.... Then the question became given our direction in he master plan, which would be that we
would try to enc,ourage retail space or short term rental space, but not space ftat is resldential
g
and not rented in the core area. We telt that we needed assurance that if in fact this unit was
converted from a retiail to residential lt would be rented. And I think many of us, myselt
included, were concemed with the fact that 5000 square toot rential unit was not viable. ln
other words, it's fine to say hat it's on the rentral market, but no one rented it ard then the fact
is that we have lost retail and we have not replaced it with short term rental. And that was
rvhy we spent quite a bit of time and effort trying to reacfi some sort of compromises we blt
would make this a (....) unlt lthink Merv's concemed with square footage infill
ML - Then how do you, granted, when ditferent SDD's, SDD 6 is different than let's
say, we went up and looked at the glass house which is a three story thing.
KR - Well, residential.
ML - Whlch is residential. How do you say you can do ffris residentlal, but you canl
do that residential because there's less effect up on that hill adding squars footage because
they've got he parking or, you know, in otherwords, they're not creating €my more traffic, all
they're doing is adding another couple of bedrooms. How do you add lt at 0re Vail Village Inn
and not allow someone to allo,v somgone to add it in their other properg?
PO - One thing, Meru, I think we felt here would be less parking needed for he
residenUal unit than for he commercial use that has been in place.
ML - Unless its short term unib.
JS - Merv, there ls one school of thought that disagrees with our GRFA ordinance
for our residential that says if in fact you do have a two-story house and you want to stick a
basement underneath it, and you exceed GRFA rules, you're really not adding anything to it,
you might just be adding a family room but technically you cant do it, so there is a school of
thought out there that would love to change GRFA provislons for residential also, because
-19
that's a bulk and mass hlng that is going to be talked about probably over the next year or
so.
PJ - Ws should probably hear from Petsr here, he's representing the applicant.
JS - I've got a question along this one unit vs. a bunch of units and maybe Peter,
well, l'll ask it now while ib on my mind, il you do a one 5000 squaro foot unil do you mind il
they do ons eight bedroom unit? Have you thought about eight lockoffs and you have a bed
and breakfast small motel, or, I mean you could do that with 5000 square feet.
PP - Well, actually you can only have one lockotf.
JS - You can only do one?
PP Right.
JS - Okay. So if you can only do one, then again it goes back to her comment that
you end up with a huge livlng room and some bedrooms and only one, so you can rent it two
different ways then, thats what you're saying.
PP - It they want to go, you could Just do one lockofl maxlmum in a multFfamily
dwelling unit.
JS - So who wanted to do more than one unlt, was that the Planing Commission or
you? Who is recommending that they do more than one?
PP - Planning Commisslon.
Po (.....)
JS - Planning Commission? Okay, go ahead Peter.
PJ - Perhaps I can help shed a little light on this ard some of the rationale for hey,
why are we in asking for hls and I am representing BSC ol Vail which oirns ths unit.
ML - Who is BSC of Vail?
PJ - lt'sapartnership.
l1
ML
PJ
Composed of?
One of he genilemen is Frank Clcero, I don't know the other parhers.
ML - And lhey're the owners of the space? Ths reason I'm asking this is because it
just went through foredosure. The buildirg did, is this part that ls through foreclosure or is
this separate?
PJ - No, this ls a separats condomlnium.
ML - This is a separate condominium trat wasn't involved, okay.
PJ - Let me hit a couple of the high poinb. I think that the reason we got a little bit
oll track at he Planning Commission was because of the divercity of opinion as b how is fris
unit going to be short term rented and I and the applicant created some of that confuslon
because of the fact that that was soil of a last minute staft recommendation that hey had
been supporting his but then a day or two before fie Plannlrg Commlssion had said, but
you'll have to go with these rostrlctions. So I needed to run hat by my cllent, the owner of the
unit, in a vsry short time perlod and not being knowledgeable of what that meant or how and
also being an attomey, his initial reaction was no, we don't want to live with that klnd of
restrlction, so I then proceeded to the Planning Commission, not agreeing wih that condition.
We have since had the time to sit down and discuss it with the staff and explain it to the
owner and thafs how we've now arrived at the issue as to, well, he's willing to go along with
ths restrictions, is this 5000 square foot unit a viable short term rental unit or not? | havs
contacted the Vail Resofi Association. Their recommendation lo ms was that, heck, yes, a
5000 square foot unit in he Village core is probably one ol the most desirable short term
rental uniF in Vail. We have very feur of those - those are the ftrst unlts to rent and I would be
happy to, if it comes down to that quesUon and I'd be happy to table this item untilws can all
go ask the VRA ourselves whether that in fiact is true. I'm convinced that it's true, fre owner
12
is convinced that it's true, given the numbers of families and groups of people that like to
come b Vail and all stay together and be in close proxlmity and walking d[stancg b the core
where you do not need a vehlcle. Even though ws feel that t|e rsntal ot that unlt will not
generate the need for the parking spac€s, we are willing to go along wifi the condidon that
says that given the convsrslon of this unit over residential, we're willing to provide the 3
pafting spaces that are necessary and thers are spaces available through Joe Staufer at the
Vail Village lnn for that pupose. Agaln, I think everyone, he Plannlng Commlsslon, staff and
myself agree that the parking reguirement actually rsduces from 16 spaces to 3 so ftat thafs
a net improvement. The owne/s initial inbnt here is hat they would love to keep the space
commercial. They would be very happy and I think those involved wifi economics of real
estate would agree that it's in their best interesl that that's viable commercial space to keep it
commsrcial and over the long term that ls a much better buslness decision. I hink lt's
important to stress that it is second and third lloor space, and I think the Phnning Commission
on their site visit sort of understood that the poor utilization of that space as commercial, we
were wllling to come to a compromise of adding half of the squarg footage that ws had initially
intended lo add so that the PEC got laidy contused but we had the opponunity since there
was somo time between meeungs to go back and get a cladfication of some of those issues.
So I guess, the bottom line is we're now willing to restrict ths use, we feel that a 5000 square
toot unit which would probaHy be 5 bedrooms ls a very hBhly desirable unit on the short term
rental market. They still preter to be able to try to use that spaoe as commercial but they
would like to have the fall back to be able to utilize ttris space as reskJential if it continues to
look like ifs not a viable commercial space. The use is not in question. The zonlng allors
the use as residential. What's in question is that the SDD is defined gq tightly that it does not
allow the flexibility to add any squaro footiage in any unlt anywhere.
13
ML - What is the reason why it was defined that tightly?
PJ - | can't explain that, lvlerv.
ML - lt was part of negotiations that had to do with what fte Wl was gMng to the
Town. Doesnl that havs to do with part of lhe park, doesn't hat have to do with part of ths
coMomlnium thal, ths spacs below which ls now the ski museum?
PJ - | don't agree wih that concept of SDDs, that I don't think they were ever set up
;a - There was a big issu6, I mean, lt had to do with the underlying zonlng that was
on that entire parc€l and what increases there were lrom that underlying zoning, if any,
through the SDD process and parlq that Mew talked about and the whole works. And lt was
tight because it was a long, involved, tough proc€ss. Gail arxC I remember that and some
other people probably.
PJ - | guess what I'm saying is that they would just like to see some llexlbillty ln
belng able to use that use as the uses are defined within the SDD and again, I gusss I would
havs to say I don't think there's any positive lmpact, I can't come up here and really sell to
you that, hey, this ls th€ greatest thing in the world hat sver happened. I can't tores€e any
negatlve impacts given that they're willing to actually lmprove the parking situation. They do
have approval of 100% ol the condominium owners which own all the adjacent units. They
have gone ahead and received lhat approval and revissd the condominium declaration ln
order to use the unit as resldential. They agree with all the clnditions including keepirq he
exterlor appearance on the first floor as retail use. So I think it makes some sense to grant
that flexibllity. I do believe that the Planning Commission was protty mudr split 50 - 50 as to
whether this was appropriate or not and the confusion really came in terms of the slze of the
unit. I think Jim Viele, the Chairman of the Planning Commission, pul it best, that it's one of
14
those continual fine tuning of an SDD that I guess whether we like it or not, ifs a fac{ of life
that theso types of amendments and the llexffility has to be thsre in order to end up wiu| land
use situatlons that work I think that Vail is not in terms of the denslty, a ftnely tuned madtine.
I thlnk we see give and take, additions, deletions of ditlerent types of uses and it really is a
constiant process. I don't think there is one set top number that we have a system that we
transler development dghtrs. I mean, we have gas stations thal evolved inb mlxed use retiail
and commsrcial and residential uses and Individual members may agree or not agree with
that, but fiat's a fact of the way land use decisions evolve and I thlnk, you know, the intent
here is not necessarily to do anyhing positive or negative as far as alot of these issues that
could conceivably set a precedent are, thsy're to try to conlinue to make that a viable, livable
space and I think we're mseting some of the goals of the Tourn in brms of we are adding a
unlt that will be on ths short term rental market during high seasons that according to the VRA
is very desirable and we need more of, so I think there are some positive things here. l'd be
happy to answer any questions.
TS - What happens to the 13 parking spaces that are assigned to tris unit which
allegedly they don't need any more?
PP - They dont exist.
ML - Yea, they're 50 short now.
PP - They didn't build parking for the first couple of $rases. There is not 13 spaces
you can go point to in any where on the site for this partiqjlar spaca.
TS - Would they be required in the future for that whole Vail Village complex then?
PP - Yes. You mean the next phase thafs unbuilt?
TS - Next phase, or whatever phase there
PP - Yes, the next phase will really make up the whole parking deficit
15
TS - So the non-condominium owner is going to benetit to he tune of 13 long brm
built out spaces by the fact hat he doesn't have to supply this 13 for this condo unit in tra
total buildout now. The long term buildout he ls required to most the parkirq regulrementrs.
Now, if we allow this conversion, he needs 13 less spaces. Nofl the condo owner, is he
selling those spaces back to Joe Staufer so he doesn't have to build them, or is he gMng
them back to him and Joe is going to make $130,000. b€cause he doesn't have to put them
in. What's happening here?
JS - How does this affect the rest of ths purchase.
PP You have b understand this is not the developer, fre entire SDD or the holder
of hat pool ol GRFA or parking so hat this orrvner is not required to at any point put in thoso
13 spaces.
TS - No, I understand that, but Vail Village Inn, Inc. or whoever is doing it is
ultimately required to build those 13 spaces if we leave it the way it is.
PP - That's not really not at all the way the whole thing workecl out at all. We did
not... My recollection, Tom, is that the ultimate buildout of the site will not contain 100p/o of
what the parking requirement would be for everyfring on the site. I can't go back ard tsll you
whal percentage of the overall parking requirement will ba built, you know, under he approved
SDD, but it just wasn't that dean a connection. I think that here was a certain amount of kind
of what's there now is there now and lefs plan he hotel, the eventual hotel thafs not built,
and get the parking that's going to be adequate for the commercial and residential hat's going
to be built and live with the existing sltuation.
JS - Peter, where does 13 parking spacss come from?
PP - The 13 parking spaces comes from if they propose to buitd this Hg a retail
space you divide the total square footage by 300 and you'd get 13.
16
JS - Petor, lhe point is, if they're allowed to, that does not atfect the number of
parkirg spaces that Joe has to deal with hls hotel does it?
PP - No.
JS - lt shouldn't affect the SDD requlremsnt for Joe's parking.
PP - No, I dont think lt would.
PJ - | thlnk you could make a stiatsment in the ordinance that it doesn't.
JS - Yea, we want to make sure it doesn't because we know he's going to be short
anylvay. I rsmember from thoss days that there really isn't an overahlndance of spaces and
we were valet parking and all sorts ot things b get
TS - Well, either that or he doesn't get to buiH as much. Whidr ls where we should
be coming from.
JS - Right, bul I think the point needs to be brought out that if they get to convert,
that doss not cfiange any requiremenb for Joe's parking.
KR - Peggy, another comment?
PO - | just wanted to make a couple of other commenb, one oonoem expressed (....)
was that 10 parking spaces are In frad nonexlstent when people renting the urft need b be
taking things like groceries to it and they will probably expect a parking spot ard presumedly
thoy were allowed to drive to that restricted area (...). Anoher ltem that I think we included as
a condition on this approval (...) that if in fact this convsrslon oocurs we thought that he
double doors that are facing b the south should be closed and tumed into a display and then
the access should be from lhe west, there's also a doonray comlng from the west so ftat lf
you wers walking along Meadow Drlve you would see a dlsplay window rather than a door.
JS - A display window for another retail space or somehing like that, is that what
you're saying? | mean for the one next door maybe?
17
saying?
PJ - No, I think they'd llke to have th€ flsxlbllity to ksep it, their desire b to keep lt
as commercial if lhat's viable. The sense is that it's not viabls. They have no tsrants running
fonrard to get into that spaco, it's historically been a problem. I think at least half tre
Plannlng Commission agreed that the changeover in that space has been si,gnificant over time
and that they would rather see some vlable use ol that space rather than boaded up. And
whether hat space is ever going to be boarded up or not is purely speculation.
ML - Are they the original owners of the space?
PO
PJ
JS
PJ
ML
PJ
ML
Yes. (...)
And we're in agreement with that.
But you're not sure you're going to change the space, is lhat what you're
I don't know, Merv, how long theyve owned he space.
Okay, I think the answer to that is no, so they bought he space kmwing what
Well, but ths use of this spac€ is allowed as commsrcial or resfuJential.
I don't have a problem because here's already residential there. I hink in
they were geting. I mean, they got a price on it based on the knowledge that they now have
that it doesn't work as commercial.
general because of my experience at Crossroads, doing one building mixed and one h.rildirq
not, that he mixed building doesn't work and it creates problems. The least of which is not
the fact of what happens when you want, when the building gets too old and you got to rip lt
down. There's a real problem between commercial and resldential. The problem I've got is
ading the square footage. lf they want to change lrom commercial to residential I don't have
a problem with ll Adding 1 square loot more of space to hat building I don't agree with and
will vote against because the negotiations that went on when we did this lor 120,000 we got
18
several things out ot the developer and now to go back and come in and want to add 5000
square feet to me is not a reasonable rsquest. Besidss the problems of parking.
KR - Peter, I need to ask a question or two. The original request was for 5700
square fset arxd now the final request is for 39fi) square feet?
PP - The original was for 5700, the staff recommended the convsrcion of 3900 whicfr
was the existing square footage and then he Planning Commission compromised wifi the
5000 square foot figure which actually comss down to 4900.
KR - Okay, so tonight hen we are at an addition of 4900 squars feet of GRFA.
PP - Corect.
KR - Out of the 4900 squaro feet, how much of that is new space? How much of it
was retail spa@, how much of it is new space?
PP - All of it. All ol it. No, l'm sorry, no, that's 3900 hundred and some.
PJ - The 3927 is existing.
KR - 9927 square feet ls existing. 4900 square feet of additional GRFA then really
means an additional 1000 square feet to the buiHing. 1000 square feet is the inflll.
PJ - And they really only want to add 900, I think lt was just rounded off to a 1000
so that we didn't get into a
KR - All right, I'm square on that. Now, when SDD 6 was originally approved and
revised and everything else, I seem to remember that there were limits on GRFA, there were
limits on commercial space and there limits on the total square footage of the entiro project.
Why then, if we want to allow this to happen, why then are we not reducing what's allowed
through the 5 phases in the entire prolect by the sarne amount that we're increasing this. ]n
olher words, if we're Increasing GRFA by a certain number of feet, why arent we laking a
certain number ol square footage out of f|sir total GRFA that thsy'rs allowed or the total retail
19
that they're allowed?
PP - Good question, and the basic answer to that is that the ownsrs of trat unbullt
square footago wouldn't agree b reduce their number for this applicatlon.
PJ - That's never been a point of discussion and there is no where in he SDD that
commercial space ls set as a top limit.
PP - No, then I didnl understiand your question. I thought your question was
was why aren't we leaving it at 120,600 and reducing lt by 5000.
KR - | thought we had a ma( on what could be built through fre 5 phases, perlod.
PP . GRFA.
KR - No commercial?
PP - Okay, then I did misunderstand the question.
KR - Well, I know we had a limit on GRFA. Did we have a limit on commercial
space?
PP - Yes, there was a limit on the commerclal space for the unbuilt portlons of
whatever they proposed. We accepted the development plan, counted up he square footage
and sald that's the commerdd that wlll be allowed and the number is about $16,000
additional. As lar as the total trat's out there existing, I dont believe there is a tdal
commercial maximum that's out there in the SDD 6.
JS - I've got one additional qulck question. lf they were to come in for additional
commerclal square lootage because thsy nranted to add some lofb to this spac6, what would
we tell them? Are they allowed to come in and ad commerclal?
PP - I thlnk they would have to come through the same procs$s. I belleve they
vuouE have lo come through the same process.
JS - But you'r€ not sure what that SDD says regardlng
20
PP You guys are asking some bugh questionsl SDD 6 is not the deanest,
simplest ordinance that we have in our zoning code. ln fact, lt took on a creatiw approach ln
about 1973 and we've been fyhg to dealwih it ever slnce. lfs iust not that clean. lt's not
writbn so that you know because you've done SDDs hon you get a proposal, you get
comfortable with it at one point or another and you adopt the development plan. And that's
got x amount of square footage for residential and commercial and locations and uses and
this and that. This SDD ls not that clean. There ls not an overall one maxlmum number of
commercial that can be built on the entire site.
JS - Do we have any SDDs fial we'vs increased GRFA or commercial squars
tootage space?
PP - Oh, allsorts of them.
JS - We have?
PP - Sure.
JS - Like the Westin we did, we increased it on that, didn't we?
MC - How did Garton's Saloon get transtened into condominiums - under what
process?
PP - They redeveloped the building and condominiumized it - each space.
MC - There's nothing similar hero to that?
PJ - Gould I make a suggestion hsre Kent I think trere's a fair amount of confusion
that I'd like b request that we table this for a fsw weeks ard try to understard a[ the -- Id liks
to before we do that just get some kind of a reading of what maybe the questions or additional
lnformation are but I'm in total disagreement that there's a cap of commercial on the SDD ard
so I'm not meaning to save hat argument, I think Peter and I need b sit down and go through
the ordinance
21
JS - | think my question regarding Kent have we added on GRFA in commercial
space to other SDDs I thlnk is, I'm sitting here wondering ten years from now, lifteen years
lrom now whoever owns that whole building is going to come to you and say we need to do a
redo - a new SDD - totlally redo the building and in order to do it and we've seen this recently
wih a number of buildings in the Village where it may have to pop out some dormers and
ctme out with the commercial out to the street and make it a bettsr fill In and on and on. And
that will probably be proved at some point in time.
ML - And we'll probably pay you as muclr as $3000 for that $10,000 parking spacs.
JS - I'm not talklng about pafting. I'm talking about redevelopmont in town and
people taking a bad space and making it good and I think thafs what thls fellow's trylng b do.
I don't know. I mean, ifs up to him lf he thinks residential is better commercial. Sounds like
he hasn't even decided yet.
ML - Well, hs's got something to sell. He's got an Infill and all of a suddsn he got a
5000 square foot unit that you can sell as a residential unit versus something you probably
can't sell too easily as a commerdal unit.
JS - So do you penalize him or do you sgueezs him lor what
ML - No, what's best for the Tonrn
PJ - But Merv, how does fflat relate back to ...
ML - lt's a give and taks situation. He's asklng lor somothlng. lt's a negotiaton.
PJ - Yea, but how does that relate back to the health, safety and welfare of the
community? Whether a guy can sell his unit or not?
ML - lt will be a healthier town and a safer town if we got the money to pay for trose
lses.
PJ - Well, I would like to tabte this.
22
GW - One thing that I would be interested 's, is ihe viability of the leasing of the 5000
square feet so when you come back
JS - l-ly only comment is golng to be and somebody recently held a open house for
brokers above the River House Condominiums, there's a penthous€ up there that the fellow
owns and he was short term renting it and I can bll you there are only a handtul of
penlhouses in all of Vail Village and that's the only one that I know, maybe thera might be one
other, that will short term rsnt
GW - How large was that?
JS - lt was 4000 square feet. Vail Athletic Club might have one, h'rt you have a few
others. lf you can think of all of the buildings in town and whidr might havo a penthouse on it,
most are owner-occupied. Well, it's a penhouse In the sense that it's a top floor 5000 square
foot..
ML - With a good view ol the Sonnenalp rederrelopment.
PJ - I do think that's a valid question and we can do some more research on hat
and the staff can do some more resoarch on that.
JS - | think you're right. I think the VRA reservationists were at that unit for trat
open house and that was the rsason for the open house and they were excited about having
a big unit available.
ML - You answered his question different that I read this document. In SDD 6 what
is he total number of square leet in that building nor? Both residential and commercial.
What's the total number of square feet?
PP - No idea.
ML - But I mean, is like 120,000 plus the commercial? Lsfs say 100,000.
PP - You're talking about this one building?
23
ML - This SDD 6. The next question is, under his proposal, how many square bet
wlll lt, square feet - | don't care GRFA, I don't care commercial, how many squarc feat, wlll the
square feet not lncreass by how much?
PP - Say that agaln?
ML - What will be the difference In the number ol square feet before and after this
proposal?
PP
ML
PP
ML
PP
ML
PP
leet.
PJ
1000.
1787?
No, 1000 and lt could be 900.
But the origlnal request was for 5714.
Yes, it has been knocked down.
And now it's been knocked down to 1000. Additional square feet
3900 exists today. They want another 1000 to inflll lofts and add 1000 squars
I guess our reasoning ftere is that we don't want to take a bad commerclal unit
and make it a bad residential unit and we nsed to do a site visit and get into the space and
look at it so that everybody understands what we're talking about, h.rt the whole idsa in
adding the space is I think when you wdk in there you'll see that if you are to go along with
the ldea that it could be utilized as a residential unit, there be no, I don't thinh logical rsason
to rsstdct not at least adding enough square footage to rnake it a good unit of soms kind and
make it a good residentlal unlt.
JS - Peter, what happens when the owners of lhe rest of ths top floor, commerclal In
the building's comrnon site, we harre the same problem. We want to build rssidEntial.
PP - | hope they don'tl
24
ML - Why do you hope hey don't?
TS - What does your study ot commercial uses show. We did a study what 3 or 4
years ago. What do we s.ry in that study lhat should be done? Are we golng counter to lhat
study?
PP - To which one?
TS - The one we did on needs of nal commercial spaces in the villages? We dil a
study several years ago.
PP - | don't thlnk ifs necessarily so, that that study dkl show that w€ could handle
more oommercial space but it dldn't get into the specifics of whats viable commercial space
and what isn't in terms of specifically where ltl located. I don't think hat this is really going
against the relail market analysis, the one ws're refening to.
PJ - Well, and to answer the land use plan shows thal we have a deficit ol 70,000
squate feet of retailwhich I know some people tend to disagree with. I agree with. l'll be he
last one to be in favor of reducing he amount of mmmercial squaro feet in town where it's
viable space, where it's ground level space or it's in a good location, but I hink here's a real
concem here for second and third floor space, that is difficult to get people into that are into
ski boots or whatever.
TS - Now is there presently third floor In this spacs or is hsre only a third floor il we
allow the extra 1000 square feet?
PJ - There's presently a third floor.
ML - lt's a loft retail spacs. This is where he old Polo Shop used b be.
PJ - So again, I guess, is there any consensus, is there any direction if we table this
to
TS - My oonsensus is I willvob no.
25
PJ
GW
Okay, Gail?
The biggest problem I think is he increase in the GRFA and I guess the
question is, if you switch lt from 3900 commercial to 3900 residential, would you be getting all
this static. And then the second question for that, and thafs why its viability is, is this 5000
sguare foot residential unit hugely better as it rslates to the rental market which creates life
and vitality within the core, because ws want to, ws nesd bgtter hotel rooms. So that's , l
guess, what I'm struggling with.
PJ - | know where you're coming from.
ML - To get one mors squaro inch in that building whic*r was negotiated, you'd have
to give me something to make it worthwhile and I would suggest he $7500 a ye:r of the ski
musgum's condominium fees.
KR - | dont know how viable it is in the first place, Merv, I mean after you buy it and
remodel it for that kind of a use, you know, a lot of dollars in it, thafs not our concem
however. I guess what contuses me about this issue is ws have granted some additions to
SDDs before but I don't know if we've done it on a piecemeal basis. I guess the last one we
looked at was the Westin, or whatevsr name that SDD is, and we looked at parking, we
looked at commercial relail, we looked at ths spaces that haven't been built, both in ths aroa
of he ruins down there it's called and the infill space where the tent is on the lawn and where
the rockpile is and we understood that whole thing. What I don't have tonight is a full
understianding of this SDD. We're piecemealing it and I don't know whafs to keep the next
guy from coming in next week and biting off another plece and that's the part of fte process
that I don't like, so for that reason I would be reluctant to vote for it tonight. lf I understood
more about the ramifications of the entire SDD I'd be more willing to look at it favoraHy.
JS - One of the problems is hat you have this condominiumized SDD nor. Your
26
owner has to get everybody else's approval before he can change his part of tp SDD and
how do you change an SDD when you're just one of many condomlnium owneE. I guess
we're saying tonight we could. I donl see, qulte frankly, why he needs more than 3900
square feet to make one unit. I mean, that would be probaHy one of the five largest units in
Vall Village. There are very tow hat are over 3000 square bet so to go above 3900 to do
one unit - lt will be a 5 bedroom unit witr the bigg€st livirg room In Vail Village and etiil have
room leftover.
ML - He's going b sell it to an lran prince.
JS - ll we were saying he's going to do 5 unib and you want thsm to be 900 square
feet each or something like that, but when you do that then you adcl more parking. Then
obviously you have a lot more parking requlrements everytime you add another unit, there's
supposedly another tamily to be there. I think 3900 square feet is plenty big.
ML - You can probably get Kenfs approval by saying that thsyd take lt wih a dog.
MC - ljust stepped out for a minute, are you asking hon I would vots tonight, is that
what your question ls?
PJ - | have requested that we taible it and I was lust going to try to get a general..
MC - I don't think I could support it tonight.
PJ - a consensus as to where we're headed, and I think I have a pretty good Hea.
Now lt does bring up a good question as to who owns the square footage within a zone
district and the rights to use ll, because, and a for Instiance. For instianc€, I liv€ at
Coldstream. That project has a totial of 65,000 square leet of GRFA. That is a pool of GRFA
out there which the proJect was maybe built to 60,000, so there are 5000 additional. So as
people want to add on they can come in. And trey don't go to he developer of Gascade
Vlllage or Coldstrearn to purchase that square footage.
27
ML - lt's probably called common area.
PJ - No, there's exoess GRFA. And all I'm saylng is that I think he didr't have any
problem with us going to Joe Stauler and saying, sell us soms of the GRFA, so itb kind of
lnterestir€ in the ditferent SDDs , hat square lootage ls actually owned by individuals and not
available to the entire proporty. And ln some instances it's not, it's an interssting point hat
ought to be consHered, I thlnk, in future SDDs because lfiink you do need to build ln at least
enough flexibllity. I mean, I pity the guy who has to come in here that does own a residential
unlt in Vail Village Inn Phase I and wanb to add a 2500 foot loft and to have b go through
this, fiat he would have to go through this process- So I think we have to be careful about
pinning SDDs dontn to the exact square footage without leaving some sort of a bit of a flexible
amount for fine tuning. You know, I see this as a fine tunlng and I guess I'm in the minority
and thats okay- But, I think it's been a good discussion.
TS - lt emphasizes the point that we likely shouldn't have SDDs in the first place.
We're getting into a bag of worms here that's going to get worse as these buildings get oHer
and you have b redo them, they're almost impossible.
JS - Peter , if you have a dupex lot and there'B a duplex on lt, and thsrs's 1000
square feet of extra GRFA available to that lot and one of the sUes comes b you and says I
want to take he 1000, do you say you have to get fie permission of the other s6e or what do
you do?
PP
JS
KP
KR
JS
Go for it.
You just let them take the 1000?
We don't require the approval of the other side.
First come, firct serve.
Really??
28
a t,a I
MC lt's a race for the footage.
ML - We should talk about that.
JS - That's a problem that somebody can do that and take all of the lofs GRFA.
ML - Maybe we should have GRFA die after a ceilain number of years.
PJ - Kent, ld like to request anyway that ws table fils I guess indefin[ely.
PP - Yea, I'd like to table it to a speclfic date though.
PJ - Ysa, let's table lt to Novembsr 13.
MC - So moved.
PP - Whatever you're comfortable witr.
KR - ls there a second?
JS - Second.
KR - Moved by Mike Cacioppo and second by John Slevin b tarble Ordinane #24 on
ffrct readlng for two weeks. ls there any discusslon? lt's actually 3 weeks, next regular
meeting.
KR - All in favor of ths motion signify by saying 'yes'.
ALL - 'Yes"
KR - Opposed?
(pause)
KR - lvlayor votes yes. Passes unanimously.
.*.VilEIwfF
29
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&ran@ ffiD"rut O11gg2,
P.0. Box 7
Vail, Colorado 81658
303/479-2000 - FAX 303/479-2019
3S/179-2020 - FAX $3/479-2029
303/479-2000 - FAX 30y479-2069
July 1, 1992
Kristen Pritz
Town of Vail Planning Dept.
75 S. Frontage Rd. W.
Vail, CO 81657
Dear Kristen:
Enclosed please find an application form for an amendment to a special development
district and an accompanying $1,000.00 check.
This application is a request for the removal of the restriction imposed by Ordinance No.
24 series of 1989, subjecting condominium unit #30 to the restrictions of Section 17.26.075
of the Town of Vail Subdivision Regulations, On behalf of the Seller, I hereby request to
be placed on the agenda of the Planning and Environmental Commission as soon as
possible.
I also would like you to review the enclosed application and make certain that it conforms
to all Town of Vail Planning requirements. Please pay particular attention to the list of
owner of adjacent property. If for any reason you feel I have not included all adjacent
property owners, please notify me and I will supply you with the appropriate names.
I look fonvard to working with you and your staff regarding this matter.
Sincerely,
VAIL ASSOCIATES REAL ESTATE. INC.
&a/*
Kenneth D. Wilson
Vice President
lhil Associdbs. Inc. - Creabrs and 0perabrs ol \hil and Eeawr Crc*o Resorts
II-A.
o
fffr!..rur-ui1992
Request removal of restriction imposed by Ordinance
No. 24, series of 1989, subjecting Condominium Unit 30to the restrictions of Section L7.26.075 of the Town ofVaiI Subdivision Regulations.
\..
revia€d'9/4/91
This procedure is required for any project that would go
through the Special Development District procedure.
The application will not be accepted until aL] infornation
is submitted.
(please print or type)
A. APPLICANT BSC of VaiI Coforadc/o Kirkland a El11s Partnership
E
of
APPLICANT, S
ADDRESS P.O.
REPRESENTATIVE Ken Wilson
Box 7
81658
owNER(s) BS tt^
SIGNATURE (
Fr
PHoNE-@
Limited PartnershipPROPERTY
oTNNER(S)
MAILING ADDRESS C/O KirKlANd & E1liS
1999 Broadwav. Denver, CO 80202 PHONE--]-9-31-@!-€-
LOCATION OF PROPOSAL: Vail Village Plaza Condominiums, Condo
STREET ADDRESS: 100 East Meadow Drive, Vail, co 81657 unit 30
LOT BLOCK_SUBD rvr s roN
^i 0
\o)rtISEE AttachedilEtl
II
ISEE Attached
Gcriptionl A.
E.ALISToFTHENAMESoFowNERSoFALLPRoPERTYADJACENT.aI
ToTHESUBJECTPRoPERTYANDTHEIRMAILINGADDRESSES.*;
{+U- &ry.t b uai! ar.,,^vr\4 $i \ii*,
:ffirJl:.copie's of the followins Information nust De i\t@/
Detailed wrltten/graphic description of proposal;
Anenvironmentalinpactreportshalfbesubmittedto
the zoning administrator j-n accordance with Chapter
1g:56 her5of unless waived by Section 18.55.030, exempt
vrrniar-f c r
An open space and recreational plan sufficient to meet
the dernan-ds generated by the development- w+lloYt undue
burden on aviilable or proposed public facilities''
Existing conLours having contour intervals of not nore
inan riie feet ii the aierage stope of the site- is
twenty percent or less, or witf' cont'our intervals of
not rnore than ten feet if the average slope of the site
is greater than twenty Percent.
A proposed site pian, at a scale. not smaller than one
intn Lquals fifty feet, showing the approximate
io"ition" and diinensions of all buildings and.
structures, uses therein, and all principal site
developmeni features, such as landscaped areas,
recreational facilities, pedestrian plazas and
walkways, service entrj.es, driveways, and off-street
piiii"g and loading areas with proposed contours after
grading and site develoPment;
a
n
tr['0 JUL 01 Pge-
DATE APP],TCATION RECEIVED
.IPPLICAEION FORl.t FOR SPECIAL DEVEI,OPIIIEI{I
DISTRTCT DEI/EIOPIIENT PIA}I
MAILING ADDRESS 1999 Broadwa
PHONE
Denver, Colorado 80202
E.
v .^'
a scafe not smaller
,
F.A preliminary landscape plan, at
than one inch equals fifty feetl showing existing
landscape features to be retained or removedr and
showing proposed landscaping and landscaped site
development features, such as outdoor recreat,ional
facilities, bicycle paths, trails, pedestrian plazas
and walkways, water features and other elementsr'
G. Preliminary building elevations, sectiona, and floorplans, at a scale not smaller than one-eighth eguals
one foot, in sufficient detail to determine floor area,gross residential floor area, interior circulation,locations of uses within buildings, and the general
scaLe and appearance of the proposed development.
III. TIME REQUIREMENTS
A.The Planning and Environmental Commission meets on the
2nd and 4th Mondays of each month. An application with
the necessary accompanying material must be submittedfour weeks prior to the date of the neeting.
The develoDer must beqin initial construction of LheB.
r \,7
special development district within three years from
the time of its final approval, and continue diligenLly
toward the completion of the project. If the special
development district is to be developed in phases, the
developer must begj-n construction of subsequent phases
within one year of Lhe completion of the prev.ious
phase.
NOTE: It is recommended that before a Special
Development District application is subnitted, apre-application meeting should be set up with a
rnember of the Department of Community Development.
FEES
Applicat.ion Fees are as follows:
a. Establishnent of SDD
b. Major Amendments:
c. Minor Anendments:
$1,500.00
$1,000.00
I 200.00
Application fee paid: I r\ ^+ ^IJctLE
If this application requires a separate review by any
local, St,ate or Federal agency other than the Town of
Vai1, the application fee shall be increased by
$200.00. Examples of such review, may include, but arenot limited to: Colorado Department of Highway Access
Permits, Army Corps of Engineers 404, etc.
The applicant shal1 be responsible for paying anypublishing fees which are in excess of 508 of the
application fee. !f, at the applicant's requesLr doy
matter is postponed for hearing, causing the matter to
be re-published, then, the entire fee for such re-publication shal1 be paid by the applicanL.
Applications deemed by the Community Development
Department to have significant design, land use orother issues which nay have a significant impact on the
community may require review by consulLants other that
town staff. Should a deternination be made by the townstaff that an outside consultant is needed to review
any application, Corununity Development may hire anoutside consultant, it shall estimate the amount of
check * /2//
A.v.
t-
\
money necessary to Pay him or her and this amount shall
be f-orwarded to the Town by the applicant at the time
he files his application with the Community Development
Departnent. Ubbn completion of the review of the
application by the consultant, any of the fPnds
forwarded Uy Lne applicant for payment of the
consultant thich have not been pald to the consultant
shall be returned to the applicant. Expenses j-ncurred
by the Town in excess of the anount forwarded by the
applicanu shall be paid to the Town by the applicant
within 30 days of notification by the Town.
MINNESOTA
TITIF I\fflU .rr;i, 01$gI
HOME OFFICE
3033 East First Ave.,5uite 600
Denver, CO 80206
P O. Box 5440
Denver, CO 8021 7
321-1880 i FAX 322-7603
ADAM5
9101 H arlan, #'100
Westminster, CO 80030
427-9353 I FAX 430-1572
ARAPAH O E
7700 E. Arapahoe Rd., #150
Englewood, CO 801 '12
770-9596 / FAX 290-9040
ARVADA
5440 Ward Road, #200
Arvada, CO 80002
420-0241 / FAX 423-1365
BETHANY
11059 E- Bethany Drive
Au rora, CO 80014
750-1717 / FAX 750,5412
EAST
3300 5, Parker Rd., #105
Aurora, CO 80014
751-4335 I FAX 7 45-2669
Commitment To Insure
lssued thtough the C+ftE of:
EIDDLERS GREEN
6400 S. Fiddlers Green
Englewood, CO 80'l 11
771-4539 I FAX 771-4526
HAM PDEN
8821 E. Hampden, #100
Denver, CO 80231
750-4?23 I FAX 750-4261
J EFFE R5O N
710 Krpling, #2 02
Lakewood, CO 8021 5
232-3111 / FAX 238-2956
SO UTHWEST
3509 5. Wadsworth, # l 15
Lakewood, CO 80235
988-8550 / FAX 980-8324
YOSE M ITE
3600 5. Yosemite, #25 5
Denver, CO 80237
694-2837 / FAX 843-0402
BOUTDER
2425 Canyon B lvd., #230
Boulder, CO 80301
M4-4101 I rAX 786-8423
LAND TITLE
GIARANTEE
COfi/PANY
P O. 8ox 357
108 S Frontage Rd. W.
Varl, CO 816 58
47 6-2251 lDirec., 595-961 3
FAX 476-4534
BRECKENRIDGE
P O Box 2280
200 North Ridge
Ereckenridge, CO 80424
453-2255 i FAX 453,6014
CASTLE ROCK
5'12 Wrlcox
Cast le Rock, CO 80104
688-5363 i FAX 688-0143
COLORADO SPRING 5
102 5. Tejon, #100
Colorado Springs, CO 80903
634-4821/Direct 59 5-41 1 3
FAX 634-31 90
PARKER
'19590 E. Main 5t., #105
Parker, CO 80134
841 -4900
VAIL
P. O, Box 357'108 5. Frontage Rd. W.
Va il, CO 81658
47 6-2251 I Di ed 595-96 1 3
FAX 476,4534
AG E NT5
DU RANGO
1201 Main Ave n ue
Durango, CO 81 303
247-5850 / FAX 247-9089
To lnsurc
ALTA Commitment- 1 970 Bev.
MINNESOTA
TITLE INSURANCE C0MPANY 0F MINNES0IA, a Minnesota corporat on, herern called the Company, to' a
valuable consideration, hereby commits to issue its oolicy or policres of tille insurance, as identified ,n
Schedule A, in favor o{ the proposed Insured named in Schedule A. as owner or mongagee oi the estale cr
Interesl covered hereby in the land described or refened to in Schecjure A. upon paymenl of the prem urns and
charges therelor, all sublect to the provrsions of Schedules A and B and l0 the Cond tions and Stipulaiions
hereof.
This Commitmenl shall be efieclive only when the identity of the proposed Insured and the aflrouni oi tne
polrcl or policies committed for have been inserted n Schedule A hereof by the Company, either at the t ma
of the issuance ol lhis Commitment or bv subseouent endorsernent.
This Commitment rs preliminary to the issuance of such policy or poiicies 0l trtle rqsurance and all liabrlrt-v and
obligations hereunder shall cease and terminate six months after the etfect ve dale hereo{ or when the ccl cy
or policies committed for shall issue. whichever firsl occurs. provrded lhat the iailure t0 rss.,e such polrcv or
polrcies is not the fault 0l the Comoanv.
CONDIT]ONS AND STIPULATIONS
1 The term "mortgage", when used herern, sha I rnclude deed of trust, trust deed.0r other secufri- instrumenl.
2 lf the proposed lnsured has or acqurres actual knowledge ol any defect, lien, encumbrance, adve,se cl6 'r
or other matter affecting the estate or rnlerest 0r mongage there0n c0vered by thrs Commrtment other thar those sh0wn in Schedule B hereot. anc snaii ta i
t0 disclose such knowledge t0 the C0rnpany n writing, the Company shall be relieved from I abrl ty for any loss or damage resultrng lron any aci ci felrence
hereon to the extent the Company is prejudiced by failure 0f the proposed Insured to so discrose such knowiedge lf lhe proposed lnsureC sha' c,r-,,:! su:'
knowledge to {he Companv, or if the Companv othentise acqu res actual knowledge of any such delect, lien, enc;mbrance adverse cla n 0f oinei rrlane: t].e
Company at its option may amend Schedule I oi this Commitment accordingly, but such amendment shall not relreve the Companv lrom iabi rtr prevr0us J,
incuned pursuant to paragraph 3 of these Condrtrons and Stipulalions
3. Liabrlity of the Company under th.s Commitment shall be only to the named proposed lrsured and suir
parttes rncluded under the definition of lnsured in the forr of policy or pol cies committed {or and only for aclua 10ss rncurred rn rel,ance hereon r.
undertaking in good laith !a) to comply with the requ rernents hereof or (b) to elrminaie exce0t ons shown n Scl"edu e B, 0r {c) i0 acouire or cre.le I'e eslr::
Or interest or mortgage there0n covered by th s Commitmeni In n0 event shali such liab lriy exceeC the amcun: s:ated rn S:hedule A lo.tre p0 ra, Jr p'-r! i eS
committed {or and such Iiability is sublect to the insuring prov sions and the Condrtrons anc S|pulations aird the exclusrnns from Coverage 0i ihe fcrn 0j
pollcy or policies committed to, rn lavor of the proposeC i'rsured which are herebv incorporated by refererce e:rc .maCe a pal ci thts Comm trnent exce!: a:
expressly mod f ed herein
4. Any eclrcn or actiOns or rioh:s ol aciion that thE prcposed lnsured nrei have or may brrrg age .st tn=
Company arising out of the status oi the t tle t0 tfe estate or rnterest 0r the status ol lhe mortgage ihereon coveied by this 0ommrrmen: mus: be based 0r
and are sublecl to the provrsrons of thrs Comm tmen't
STANDABD EXCiPTIONS
In addrtion to the matlers contained in the Condnrons and Stipulations and Exclusions Jrom
Coverage above referred to, this Commitment ts also sublect to the lollowrng:
l. Rights or claims of parties in possession not shown by the publrc records.
2. Easements, or claims o{ easements, not shown by the publrc 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 bythe public records.
4. Any lien, or rightto a lien, for services, labor or materialtheretotore or hereafter lurnished,
imposed by law and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims 0r other mafters, it any, created, firsl
appearing in the public records or attaching subsequent 1o the etfective date hereof but prior to the date the proposed insured acquires
of record for value the estate or interest or mortgage thereon covereC by this Commitment.
lN WITNESS WHERE0F, Title Insurance Company of Minnesota has caused its corporate
name and sealt0 be hereunto affixed by its duly authorized officers 0n the date shown in Schedule A, to be valid when countersigned
by a validating officer or other authorized signatory.
TITLE INSURANCE COMPANY OF MINNESOTA
A Stock Company
400 Semnd Aveoue
TIT|F l\
Authonred Signatory
TIM Form 25E2
l6p*, f(^-f'l*8y
*,,,-fu8/,,,,",,o
ALrA O""rrMENlr
SCI{ETXJLE A
O.r order No. \719003
For Infq,rmtion Only
s1-s5.00
$155.00
****WI1IH YqlR REI{ffIAIICE PLEASE REFER IO C{,JR OFDER. I\lC. V19OO3.****
L. Effective Date:
rrfEDrr frutitrEnt
Proposed Insured:
10 BE DEIEMINED
!!ay 28, 1992 at 8:00 A.U.
- Ctrarqe-s -lBD Ccmdtn6nt--IIf,TAL--
3. ftg eqtate or inter-est in tne lard desaibed or refelred to inthrs 6m.itn9nt ard covered herein is:
PAGE
A Fee Si-np1e
4. Til1e. to Ule. estate o-r interest covered herejl is at ttreeffecEive ilate hereof vested in:
IR$fi qrqBo, JR. AS ID P4,KEL_1, AND BSC OF \tl\.IL, @r.ORAm,L.p.r A @IoRAm rJMrIED pAFm{RSdA[rD-F -clcmo;ffi-As
TO PERCE,2
5. lhg_lard referred to in ttris Ocnunitnent is dessibed asfollcrs:
PA,RCE-, 1:
qch|g}t{m[I[M UNIT-_L0r_vul,_ vrtIAcE prazA e{mMrNItMS, AOoORDINGTO lHE AI'{BTDED @NDOMINIII}{ I,'AP THERMI RMb,RDb- Otr6Eii-J;' 1'85ry _gqQK 425 AT p4GE_60e, Ar{D AS DEETNED atD DnSCnreED-II\I-trE- --
ga[mmfnntr Dmr.ARAfroN 8EQqRDD NOVD,tsR rg,lssz-n{ xb(zoo
4T_PACE ?g?,- I1IE !IRs._r 4r,mE[,IEl'tr n 'n@npn DuffiEii i7;1989 rN mK 520 AS PAGE 306, TrE SEm[rD ltMElttr,lwr-frmEflo= - ',gEqq3pE)_lqgr z?,_!e,eg IN BooK s25 A3 pAeBl4o ellp-It{E-rrtrDArqENnlENr n{REfro_BECIoBDED JAl,ltnRy 15, 1eal it-FiDk 5rr5 ellEcr696, @UNIy OF EAGL,E, STArts OF OLORADO.
PARCE, 2:
ALTA O*"rrrt{ENT
SCIIEDIJLE A
otr Oder No. VL90O3
@NXTTfINIII{ I.['ITT 30, EIRST A}IENEMENT TO THE AII{ENDED @NMMINIIM}AP FOR VAIL !fII;IAGE PIAZA @NET{INII,IS, A@FDIT.IG IO TfIE
OONEMINTU,I }AP REOORDED DMEMBER 27, L989 , AND AS DEF'IND AITD
DESCRIBED IN TTIE GIMMINTIJM DETARAIION RMFDED IdOI/EMBB, ].9,1984, IN ffi 4OO AT PAGE 202, EIRST N{ENTI{E.TT $IRETO RMRDED
DEE!,IBER 27, L989, IN MK 520 AS PAGE 306, SM{D AI,TE,ITII{E.IIIHREIO RE@RDED IARCII 29, 1990 IN BooK 525 Atr PAGE 540, AND
TtIE IHIND AMENEMENI IHREIIO RruRDD JA}II.IARY 15, 1991, IN BOOK545 AF PAGE 696, @{,lNry OF EAGLE, SI{IE OF @IORADO.
PAGE
ALTA .O""rrMENT
scI{ED[,'I.,,8 B-1
(Req'rjrer€r|ts) q.E Oder No. V19003
Ihe follodrg ane the requirercnts to be ccnpLied wittr:
1.. PaVrHtt to q for t}|e aoccnmt of the c0ianLors or rDrtEraqors oft}rA fuII qsideration for the estate-or irtterest to Ee-insred.
2. HrcE insfunent(s) seatirs the estate c interest to beimntred rust be e*eortcd ard-duly filed fc record, tsr+it:
3. REEASE OF DED OF IRUSI DAIED Jr.up 08, 1987, F?S'{ FIANK CICRO, JR. IO IllE
PUBIJC TRT'SIE OF EMil..E @TJNIY FOR, THE-USE OF OOT.EINE{IAL TT.NOIS BAI.IK NIDrRusf enlPAl-ly OF clIICem IO SErIIRE ItlE sIlM OF S450,000.00 RruRDED Jrre 29,1987, IN mK 455 AF PAGE 1.55.
SAID DEED OF 1IBIJST I.GS FI]RIHER, SMJRED IN ASSIGNI.IEM OF RENIE RMDED &n|e29, L987, IN mK 465 An PAGE 167.
(AFTETS FIH PARCES)
4. RH.EASE OF DED OF RUST MTED Novenber O4, L99L, FROM BSC OF VAIL,@IORAM, L.P. A OIORAM IJMTIED PARINRSIIP IO'TTIE PUBLTC IRUSIEE OF
EAGLE @UNIY FOR lHE USE OF taRRIS BANK HINSDAI,E, I{AMO}IAL ASSOCT}IIION 1()
SECURE llIE StiM OF $1,483,367.88 RE@RDED rebrarl 2L, L992, IN BmK 573 AT
PAGE 343.
SqID DED OF TRUSf V{AS FURIHER SMURED IN ASSIGNMEM OF Rn\lIS RruRDEDFebruary 2L, L992, IN BmK 573 Atr PAGE 344.
(AFTECTS PARCEI, Ilrc)
5. E\IDE.TCE SASTSFAEIORY IO THE @MPANY $fiT THE TM!4S, CONDTTTONS A}ID
PROIIIIISIONS OF Il{E tE[^iN OF \AIL IRANSFR TN( HAVE BEEN SATTSFIED.
6. VRRRANIY DEED FROM FRANK CICERO, JR. A}ID BSC OF \TATI, @IORAIF, L.P., A
@I'RADO LIT'fTIED PARINERSFIIP IO'BE DEIMMIND @D{\ZEYIIIG S:IJBJET PROPETIY.
NOTE: CERITETCATE OF IJ}iITIED PARINERSIfiP ETLED IIAY 2, L986, WrIH T1IE
SmREFARY OF SrATts OF @IORAD DIscIrsEs JOI|N BALIA At{D TIl,ldIltY sAl'IDQuIsr
T0 BE Tl{E GENERAL PARINR(S) OF BSC OF \iA.ILr @IORADO, L.P., A LIMTTED
PARINER.9I{IP.
TTIE ffiDIIY CLffiK AND RE@RDERS OIETCE RAU]SES RSRJR}{
PAGE 3
ALrA O""rrMENr
SCHEDTJLE B-1
(Requirenents) OJr Order No. V19OO3
ADRESSES ON MII{E}IIS SENI FOR RrcFDI}G! !
PAGE 4
ALTA Onnrrr{ENT
So{EDULE V2
(D<ceptions)
Ihe poliqr s rclicies to befoUix.rirc-wlLeas ttre sarre arethe CorpSnyr:
Orr ffier No. V19003
i-s-sued will oqrtain ercoeptions to thedisposed of to the sati-sfacticn of
1.
A
Stardard E<oee'tions 1 tiroLl*r 5 printed orl the cover stteet,.
oR REVETTER CTAUSE,
RELIGIOT.I, ORidi-i605, n'r
..,
8.
Ibxes ard assessrEnts rrct yet due or panable ard specialasses,ffiits not yet ertified to tne t)€asurerrs otfice.
Any upatd taxes or assessrrEnts against said lard.
l-,iens fs uqgaid r*ater ard setver charges, if any.
9. RTqIT OF PROPRTETOR OF A VEIN OR INDE 10 EfIRACT AND RBOVE HIS OREFqEryI't SltcrJLD THE s4ur'. BE IDUND rc PNETRAIE-On nn$i.Srgr- Iln-pnnuses4S gtsgEilm rN rJNfrED slrATEs pAf,TNr RnodnEri: ;[rf 1t -18e5;-]}r aooraE-AsPAGE 475.
r.O. &IGII Oq BY TOR DIICIE OB CANAIS @NSIRIJCIED BY THE AT'II{ORI1IY OF TI{EU}ITIED STATES AS-RESEM/ED IN IJ}IIIED SIAITS-FACBN REOhbEJ-'UI' Tr,--iESS,IN BMK 48 AT PAGE 475.
11. lESryqTVE @VElIANIs r{nlcH m }oI @NraIN AE4 @TID|G RESrRrCrIOhrS, IF Al,ry, BASD o.t-llnTlotql, oRtcIN, AS @I\IIAINED IN b,ISIRUMEII:
BOOK 174 AT PAGE ]-79.
r_2. BIEXIIBC4L Ensuqlql'mEq{El\rr BstwEl,r \rArL \rrt[,AcE rNN, A @rrRADOgarya$q_Tchr, JArr4lt_uID., a S]I3RADO LIMITED p p'am-rarr,- wuem rmlAssosrArEs,' A @rjRAm' GENERAL pirncNn$trp HFmHD-d-Tantninv - r, riej-u't-nffi35r. AS PAGE 324.
-Bqq4qn-@fl oL$'IolEl_IBLL oI\rI0 EAS.I I{EADO9I mrvE As SfriN o}.1 sr]RVEy oFl,tERRIcK AlrD @MpAtry DAIED ltovEMBER 20,-1961,-J6B-!ro. sii;tizlg.-
qlILIry B.SEIIENT AS qRANTED IO tpl,y cRoss E_,,ETT{IC ASSOCIIIIIOI, INC. rNINs'IRL[4nu RmRDED January zL, L983, IN BmK 35'-Ar-FAGE- 306.' - - -
EFr_qQIlIqNS AllD PRcTWSIoNS OF Amm{ENT RruRDED SEgIEtvtBER 9, 1983 INBooK 357 Atr PAGE 833.
13.
14.
15.
PAGE
Ar-,TA O""rrMENT
SCIIEIIILE B-2
(E<ceptions)Our Order No. V19003
16. E!{CROACIIMENI OF PAr O AI{D RMF O\/m}n}{G ONIO EASE MEAMW DRT\IE A.S ${CH}I A}ID
DESCRIBD ON THE @NMMINIIil IAP TAR. \IAIL \II!IEGE PIATA @NEMINIIJI.,F.}IqTE: TEIiilI OF VAIL PERMTT TO ER&TAR, I(AININN A SIRI,,CTtIRE ON A PI,JBTIC
RIGI{T OF InY RruRDED JULY 26, 1984 IN mK 390 Atr PAGE 745.
17. EI.ICNOACIIMENT OF RMF CVERIIAIG OF SIE T.SST WESIBLY BUIIDDE OF S{]B]M
PROPERIY CNIO AD'OINI].IG PROPRIY LS SEIT MIRIH IN LETTB, DilTED JI'LY 5, T984
FRCM ENGI.;E VII;LEIT EIG]NERII.IG & SURVET:I}G INC. A}ID AS S}iilM.T ON $IE@NtrMINIII,I l{AP FOR \Z[L VILIAGE PIA?A @NE['tINII][^S.
18. E{CROACIO.TENI OF EITAIORK FOR AIR }n}IDLIT{G EI.lcmCTil{ENI ONIO PROPERIY OF\TIIIjGE INN PIAZA @|{MMINrut{.S AS I'ORE FULLY DESCRIBED IN LETTER HIED JTILY5, L984 FRCtr{ ERGLE VaILEY ETIGINEERI].IG & SIJFS/EYI].IG INC.I{OTE: EASEIENI AGREE4ENI IN OnNETICI.'] WIIH SAID ENCROACHME{I I&.S RERDEDJtLy 10, 1984 IN B@K 388 Atr PAGE 862.
].9. D(ISTDiIG LM.SES AT.ID TEMNCIES
20. THIIS, PRO\ISIoNS Al.lD @I{DII OIS OF DmIARAIION @NCmNING PARTCI}|G RruRDED
JULY 10, 1984 IN BooK 388 AT PAGE 856.
21. TIfltIJNT EA.SEMENI 20 FET IN WII'IH AI.OITG THE WEST I.o LINE OF IOT O, BIOCK5-D, VAI] VIIIAGE EIRSI FTLII.IG, AS Slol{N C8.l IHE @{DCMINIIIM MAP FOR \AIL
\TILIIGE PLAZA O{IffINIIIUS.
22. TIiCSE PRC'VISIONS, @\IE}IANIS A}TD @IDTTTCilIS, EASEII{ENIS A}ID RESIRTCIIONS,
WTtrCH ARE A BI.]RDE{ TO IIIE CONMMINIIX4 TJNIT'DESCRIBED ]N SGIEDIII,E A. AS'CDI{IAIND IN INSIRIJI4E}II RE@RDED NO\TN4BER L9, L984, IN BooK 4OO Af,'PAGE202, RIiIITETCAjIIOI{ THREIO RDMRDED MARCH 8, I99O IN BMI( 524 AS PAGE ].13,
FIRST AI.{B{TMENI TO COT.IMMINIINq DECIARATIO}I.RMRDED DECE!{BER, 27, 1989 IN'BMK 520 AIr PAGE 306, SMND N4ENUVIENT TO O{MMINNFT DtrI.ARAIICN RMRDED
}GRCH 29, 1990 IN BOOK 525 AT PAGE 640, AI.ID THIND AI{ENDMENI 1\) @'IDOMINIIIM
DECTARAEON RmDED JAI\ItnRy 15, 1991 IN B@K 545 Af PAGE 696.
23. EASEI'{ENI BSIWMI VAIL VILIAGE INN, INC., A @I,RAM CORPORATTCI{, AND F & L\AIL VILIAGE ]NN PARINERSFtrP, A COIORADO GI}IRAL PARINER^SIIP RE@RDD JULY10, 1984 rN BmK 388 AT PAGE-861_.
24. EA.SEMENI BEIWEEN \rIIIAGE INN PIAZA OONEMINIII{ A.SSOCIATTCDI, A OIORADO
}'ION'I-PROFTT MRPORATTON, \ATI \III,I.AGE INN, INC., A @IORADO'C)RPORATTO}I, A}IDF & L \rAII-, VILIAGE PARINRSFIIP, A @IORAm GEIERAL PARIT{RSHIP REOORDEDJI,LY 10, 1984 IN BmI( 388 AT PAGE 862.
PAGE
25.
ALrA Or"rrr{ENT
SCHEDT'LE B-2
(D<cepticrs) ot'E Onilen No. V19003
CIIONS A.S SISIN OR. RESEFI'D ON TIIE03, 1985 IN ruK 426 AT PAGE 609 A}ID EIRSTR.2'7, 1989 IN BOOK 520 Atr PAGE 307.
(rrB{s 9 slRo(Er 2s AFIET FrH PARCE^S)
26. EIMI{CIIG SIAf,UI{ENT WrIH !qq|S qEPITAL BANK VIESIIMD, 5IE SEf,IIRED PTRT'!(,
RmRDED ltlarrdr 05, 1990, IN KIK 523 Af PAGE 933.
N ltrlEEE !N qqiEcITON WIIlr SAID ErMl'rCIlG SgrEl'{ENl RmRDED APRIL 4,
r.991 IN mK 5s1 Af, PAGE 58 Al.tD 59.
(ATTETS UNrr 30)
PAGE
'' i
/i IJAND TITI GUARANTEE "o"]""
DISCIO.SURE STAIE!{EI.|r
Requircd b!, S€nate Bill 91-14
A) 1?9.:9qed real prqerty nay be tocated in a special taxfu,gq:LstrrrcE.
B) A Gttificate o-f ^Til{es_ Dle fi*irg eadr ta:<irs jq.isdistlsyg
H3y_!g_9g.Egrlreg_F_cn tJre cqgrry 1teasuren or ft6 6lrty'I]3easuner s authorlzed agent. -
c) ff"HreFjffi ffiitr"#".5 mries(trmussJ.one!"s, the ooln|ty clerk ard Recotrder, or tlre ccllrtyAssessor.
/)r't O
rn a4 ef/'ed- /our proV*r{y.
/ / | /'
PUBLIC NOTICE
/afsn
*'
NOTICE 1S HEREBY GIVEN that fre Planning and Environmental Commission of he Torvn ofVailsill hold a public hearlng in accodance wllh Section 18.66.060 of the Municipat Code of
the Town oJ Vail on August 24,1992, at 2o0 p.m. In the Town of vail Munidpal Building.
Gonsideration of:
A request for a major amendment to SDD No. 6, b lemove a previous condtion of
approval lor Unit No. 30, Phase I, Vail Village Inn/100 East Meadow DriveA/ail Mtlage
Plaza Condominiums.Applicant: BSC of Vail, Colorado, LPJFrank CicoroPlanner: Mike Mollica
2. A request lor a side setback variance b allow a new residence located at Lot 15, Vail
Vlllage Second Filing/l793 Shasta Ptace.Applicant Joseph & Peggy HepterPlanner: Tim Devlin
3. A requesl for a work session for a setback variance to allow for a new garage ard an
addition to an existing residence located at Lot 5, Bighom Estates/4238 Nugget Lane.Applicant: W. C. and CarolSmailPlanner: Shelly Mello
4. A request tor a work session to discuss a proposalb srect two 60-foot torrers In East
Vail at the base of the run-away truck ramp adjacent to l-70.Applicant U.S.WesVCellular One/United States Forest ServicePlanner: Andy Knudtsen
Town of Vail
Gommunity Development Department
Published in he VailTrail on August 7,1992
302 VVI Inc.
c/o Frcd Otto
Box 3149
Vail, CO 81658
Lario lnc.
do VailVillage lnn
100 East Meadow Drive
Vail, CO 81657
Bede Ltd
c/o Luis PaHo Bustamante
Paseo DeLa Reforma, 122 Piso
Col Juarez Del Cuauhtemoc
066 Mexico
David & Elizabeh Cohen
6350 Riverslde Drive
Atlanta, GA 30328
ManuelRionda
c/o VailVillage lnn
100 E Meadow Drive
Vail, CO 81657
Jeffrey & Joyce Diskin
14 Peach Tree Drive
Montville, NJ 070115
John Sevo
c/o Sevo Corp
3600 S. Yosemite, 1CIh Floor
Denver, CO 80237
Guiseppe & Mercedes Cecchi
901 N Stuart St
Arfington, VA 22209
Rosalyn M. Abrams
5190 S Logan Drive
Greenwood Village, CO 80121
Pzul & Penelope Leseur
Somerset &i€e, Sandys
BoxSB90
Bermuda
Emest Sdreller
4074 Healher Couil
Northampton, PA 18067
Red Sands Corp
1@ East tuleadow Drive
Vail, CO 81657
First Interstate Bank of Denver
c/o Boudreaux/H arkness,
633 17th St, 13n-077
Denver, CO 80270
BSC of Colorado
c/o Frank Cicero
1999 Broadway - 40th Fl
Denver, CO 80202
Barry & Barbara Beracha
12843 Topping Manor Drive
St. Louis, MO 63131
VailVillage Inn
100 East Meadow Drive
Vail, CO 81657
Edmund HaJim
21 Guinea Road
Greenwich, CT 06830
Ricfiard & Marlene Lloyds
Box 819
Vail, CO 81658
Barry & Babara Beracha
128rt3 Topplrq Manor Dr
St. Louis, MO 63131
BSC of Vail, CO, LP
c/o Frank Cicero
1999 Broadway,40th Fl
Denver, CO 80202
Rosalyn Abrams
5190 South Logan Dfive
Greenwood Vlllage, CO 80121
S.A. Lublan
c/o Deltec House
Lynlord Cay
PO Box N-3229
Nassau
Marvin & Karole Frank
2430 North Orchard
Chicago, lL ;60614
Edna & Glaus Fricke
Box 370
Vall, CO 81658
Douglas Hall
386 Madison St
Denver, CO 80206
John & Patrbia Gabriel
1 East Bidgewood Avenue
Paramus, NJ 07653
Charles & Germain Harmon
Colonial Drive
New Vernon, NJ 07976
Kirk and Jay Huffard
528 North Street
Greenwich, Ct 06830
Inversionss Cafaci, CA
1346 S Green Way Dr
CoralGables, FL 33134
Dennie Jagger
1201 Spyglass Drive
Austin, TX78746
Kinney Johnson
100 South Dexter Street
Denver, CO 80220
Gary & Dorothy Cordes
28 Trenton Road
Tunamurra N.S.W.
AUSTHALIA
John and Rebecca Moore
Box 1146
Sugarland, TX 77457
John & Rebecca Morres
17 Queen Mary Gourt
Sugarfand, TX 77479
VVIP5O2
4603 Annaway Drive
Edina, MN 55436
Pedro & Adelaide Ramirez
Petunia K-3 Parques Santa
Maria
Rio Piedras, PR 927
Mexico
Carl & Linda Riess
Route 390
Cres@, PA 18326
Bay & Melaine Rutter
18012 Corvan, #200
lruine, CA 92714
Sylvan & Frances Tobin
101 Cheswdd Lane, 5D
Haverford, PA 19041
Kinney Johnson
2084 S Milwaukee St
Denver, CO 80210
VVlAssociates
c/o Cowperthwaits & Co
3575 Cherry Creek N Dr
Denver, CO 80209
Silvia fto De Taragoza
Box 9976
ElPaso, TX 79990
Jamm Ld.
100 East Meadorv Drive
Vail, CO 81657
Ridard Uebhaber
1'100 Chain Bridge Rd
Box 8210
Mclean, VA 22106
Paul& Penelope Lessur
Box SB90 Somerset Bridge
Sandys SBBX
Bermuda
Edward Yingling
3607 North 27tr St
Arlington, VA 22207
Patrick & Robin Mars
106 Milden Hall Road
Toronto, Ontario
CANADA M4N 3H5
Kirk & Jay Hutfard
c/o The Equitable Company 528
North St
Greenwich, Ct 06830
Karin Wagner-Trustee
4100 NW 101 Drive
CoralSprings, FL 33065
Barbara Weinstein
78 Joyce Road
Planeview, NY 11803
Wyoming LTD.
c/o Vail Bookkeeping &
Acccounting
508 E Uonshead Cr
Vail, CO 81657
Frank Cicero
200 Randolph Street
Chicago, lL 60601
Edna & Claus Fricke
Box 370
Vail, CO 81657
Luc & Elizabeth Meyer
Box 176
Vail, CO 81658
The ClaggetURey Ciallery
1777 S Hanison Street
Denver, CO 80210
Hanlon Family Partnership
385 Gore Creek Drlve
Vail, CO 81657
Red Sands Conoration
100 East Meadorv Drive
Vail, CO 81657
Charles & Mary Anderson
5271 Brandywine Way
Stuad, FL 3499;7
Robert Chandler
445 Baker Avenue
Webster Groves, MO 63119
Kennedy & Co
30 Ketby Road
Grosse Plnte, Ml 48236
Packard Anderson
Crossroads ot Vail Ltd
1567 South Josephine
Denver, CO 80210
Mervyn Lapin
232 West lvleadow Drive
Vail, CO 81657
William Bemell
141 E Meadow Dr, C-4
Vail, CO 816s7
Gharles Fellows
8101 E Dartmouth Ave, A-35
Denver, CO 80234
Jeffrey & Bonita Garvey
141 E lileadow Dr, #E.4
Vail, CO 81657
Emily Goodwln, Sus Bach,
E Goodrin
11 Parkway Drive
Englenrood, CO 80111
Heyda & Hamed Santaella
Box 1917
Mayaguez, PR 709
William Hokin
875 N Michigan Ave, #17
Chicago, lL 60611
John S. McDonald Co
Box 1309
Dublln, OH 43017
Trevina L P
100 Park Avenus
NewYork, NY 10017
Kenneth & Jan Harding
2060 Broadway, #1
Boukler, CO 80302
Edc l-angslet
Ness, Ornulf
48 Woo6ine
Burgenfield, NJ 07621
Gladys Law
1012 Swink Avenue
Rocky Ford, CO 81067
Edurard Mayne Jr. Trustee
100 W Long Lake Road
f29'0
Bloomfleld Hills, Ml 48013
Joseph Obering
750 N St Paul, #1530
Dallas, TX 75201
R.P. Smift Company
Box 700
Evergreen, CO 80439
Ruth & Merle Sachnoff
5171 ldylwild Trail
Boulder, CO 80301
HC & Victoria Schaefer
11 Wellington Place
Grosse Pointe, Ml r+8230
H. William Smith
175 E Main Street
Nonrich, NY 13815
Sydney & Janet Young
48 Cedar Wood Circle
lvtyrde Beach, SC 29577
Burtis Dolan
280 iiedovYbrook Ddve
Nodhbrooh ll 60062
a
Maggie Eastwood
c/o Eastwood, Roy
1900 Avenue of the Stars
Suite #227
Los Angeles, CA 90067
lvlarilyn Fleiscier
62 East Meadow Dr
Vail, CO 81657
Sharon Glaser
719 Linden Drive
Beverly Hills, CA 90210
Allen & Barbara Gilliland
12360 Farr Ranch Court
Saratoga, CA 95070
Sharon Glaser
do Herbert Glaser
719 North Linden Drive
Beverly Hills, Ca 90212
H&WPropertieslnc.
5654 Greenwood Plaza Blvd
Englewood, CO 80111
Lori Hanis
c/o Lori Amass
16 Polo Field Lane
Denver, CO 80209
Robed Hodes
660 Madison Avenue
Suite 2210
New York, NY 10021
Amos & Floy Kaminski
315 E 68th Strsst
New York, NY 10021
Roland & Rosemarie Nobis
Box 3111
Bloomington, lN 47402
Fred & Carleen Poland
5000 E Quincy Ave
Englewood, CO 80110
Richard & Karin Genova
92013 68th Avenue
Forest Hills, NY 11375
George Shaffer
6827 Cedarbrook Drive
Birmingham, Ml 48010
Betty Lou & James Sheerin
7701 Broachray
San Antonio, TX 78209
Martin Jervis
David Bott
Cromwell House, Marston Moor
Fulwood Preston
Lancashire, ENGIAND
Jose Alvarez et al
Moliere 59-10
Mexico 5 DF, MEX]CO
David Bradshaw
One East Wacker Drive
Chicago, lL 60477
Allison Butts
4523 Dorset Ave
Chevy Ghase, MD 20815
Thomas & Mary Darrah
1309 Frontier
Longmont, CO 80501
Ruben & Laura Catan
c/o Elecom Supply Co
3940 Hancock St, #205
San Diego, CA 92110
Esther Geifman Demizrahi
cy'o Geifman, Gregorio & Amor
13 Vail Road
Vail, CO 81657
Gary & Nancy Freedman
Thomas & Paticia Hurlburt
6950 E Belleview Ave fr202
Englewood, CO 80111
Ridrard & Gwen Scalpello
50 Perkins road
Greenwich, Ct 06830
Golden Horizons Inc.
630SPointeC8
Colorado Springs, CO 80906
Hartz Mountain Ind
Hartr [tlountain Ind
Ath: Jean Kunsmann
400 Plaza Ddve
Secaucus, NJ 07094
Jacquellne lhepshield
Brook Hill Farm
Rt 1, Box 328
Middlebuq, VA 22117
Gordon & Dorothy Panlsh
3763 RegalVbta Dr
Sherman Oaks, GA 91403
Connie & Micfiael Leech, etal
8{}5 Brook Creek lane
Kirkwood, MO 63122
Willlam lvlcCutdren
12 Sandpiper Road
wesFort, cT 06880
Donohy Mct0right
2ft1country club Ddve
Sterlirq, CO 80751
Ricado Merlois
Box 1684
Pascagoula, MS 39567
John Oliver
James & Lynn Olver
144ff) Cullen SEeet
Whitier, CA 90603
Gulllermo Oynick stal
449 S Creek Drive
Osprey, FL 34;229
John & Mary Savage
et al
6068 Basley Avenue
Towson, MD 21204
Gary & Janbe Scheimer
630 S Pointe C8
Suite 101
Golorado Springs, CO 80906
Jeny & Lzura Taylor
2555Indian Mound
Birmirgham, Ml 48010
VPP No. 15 Corp
do CanielAbounrd
5100 San Felipe #193
Houston, TX 77056
James & Jane Watson
6999 Sou$ Bemis St
Litfreton, CO 80129
Paul& Charlotb Weiner
7000 E Qulncy, #001A
Derwer, CO 80237
Oscar Wyatt
c/o Richad Watson
Nine Greer*vay Plaza, #780
Houston, TX TI04;G
t Lx,srtl/
@TMAn2qpii
75 South Frontage Road.
Vail, Colarado 81657
303 479-2 1 07 / FAX 303 -479-2 t 5 7
March 23, t992
Mr. Frenk Cisero, Jr., Attonc.ey at Law
Kirkland & Ellis
1999 Bmadway
Denver, Colorado 80202
VerT
Ofice of the Town Atnrney
M,,1wffit
lE,^
4l
Dear Mr. Cisero,
After rwiewing your letter to me of February 25,1992, I researched the ordinance which amended
the Vail Village Ina Special Development District (VVI SDD) permitting the condominium youpresently owD to be converted from a cpmmercial cnndoninium urdt to; resid.ential unit. My
research hae iDdicated to me that Ordinance No. 24, Series of 198g, which amended the WI SDfj,w-ry-1$ively and aggressively pursued by you. There was never €rny effort on the part of the Town
of Vail to impose the amendment upon 1rou.
The restriction you complqin ofin your letter which reguires that your unit be restricted to 28 days
of personal use fiom December 24 to January 1 and Febnrary 1 to-}Ialch 20 was voluntarily agreeato by you, and was included in a third amendment to th.e condominium declaration for the-Vail
Village Plaza Condominiums and signed by you as well as the other developers and lenders iavolvedwith the VyI SDD.
It is my opinion the ordinance which nrnended the rf\II SDD to permit you to utilize what waspreviously a retail unit as a residential unit and the conditions whicL were included in the ordinance
and the third amendment to the condominium declaration fon the Vail Village Plaza Condomini .ms
are valiC and enforceable.
Although J do not r.hink th-e questions you raised relating to Section 17.26.075 of the Municipal Code
of the Town of Vail are rnelevant to the conditions which were inposed in Ordinalce No. Zi, Series
of 1989, angading the VVI SDD, it is my opinion that Section of the Code is not an uncongtitutional
delegat-ion ofpower under Article 5, Section 35 ofthe Colorado Coustitution, nor do I believe you
were illegally discriminated againgl by the Town of Vail.
ffyou have any additional questions regarding this matter, please do not hesitate to call.
I"AE/dd
Eskwith, Town Attoraey
_t3 JECE|VEDrEs2Ttgez
KIRKLAND & ELLIS
A PARTNER.SHIP INCLUDING PTOTE:iSIONAL CORPORATIONs
Xe--KFtrfif-=--.-'
m?FhlEloe2--
1g9O Brcadway
Denver, Colorado 80202
Kristen last month, and thank yot i-i |our time. v'fUtv.,".., I
1V\u nAs you know, I an very disturbed by the continuing \,)tdisadvantage vite have been placed in as olrners of Unit 30 of the l) Vvail village Plaza condominium because our unit was made subject nto the rental restrictions of Section 17.26.075 of the Town of
vail Subdivision Regulation when other condorniniuns which the
Town has perrnitted to be built have not been made subject to that
regrulation. At the tine the pernits were sought to convert
Unit 30 to allow residential as well as connercial use, I was
informed that the Town was requiring the rental restriction on
all new perrnitted condorninium uses. I have recently learned that
has not been the case, but that the Town has treated other
condominiurn units more favorably by allowing them to be permitted
and built without the restristion.
Just last week, for exanple, I understand that the Town
Council perrnitted anendnents and conversion of the vail Village
Inn to a1low a new condorninium to be built on top of the Village
Inn Pancake House without the rental restriction. I have also
Iearned that by ordinance No. 9, series of 1988, the Town
perrnitted the Vait cate$ray project to go ahead by convertinq the
property from Heavy Service District zoning to Conmercial Core 1
District in order to allow for a range of uses proposed for
special Development District 21 wtrich was aPproved by the sane
ordinance. That Special Developrnent District provided for L2
residential condominiuns without the rental restricti.on.
The Vail Gateway condoniniums uere close neighbors to
our condominium and were sales cornpetitors. The newly pernitted
Village Inn Pancake House condoniniun will be a direct marketing
conpetitor of our condoniniun.
Additionally, as I toLd you, hte lost the sale of
Unit 30.Iast December when the prospective purchaser, who had
nade an offer on the property, exanined the rental restriction
with bis attorney, withdrew his offer, and instead purchased the
Frank Cicero, Jr.t#sl,t1;u*t'-
,.r,".':';;o,o ,r* q4f"t- "EEi&" fu*
La!'rence Eskw*h, Esq. {w-tl4,qh^"
T3'3.t:l'll3l..n" Road wesr l;i Yf 6L,T/vair, cororado s16s7 0 nt-f;e:tfrr:,A
Dear Larry: ' l'"
Vff004\L,^,^.r appreciated the opportunity to meet with you and 'rflffiiO')"'
Chicago Lo6 Angeles Nw York Washington D.C.
KIRKLAND & ELUS
Lawrence Eskwith, Esg.
February 25, L992
Page 2
Red Lion condorniniun which had been peruritted by tbe Town. withouta rental restriction. The Red Lion condominium was anotherdirect conpetitor which was pernitted on the market to our
disadvantage.
The discrirninatory treatnent by the Town of our Unit in
conparison to these others which f have cited, and perhaps othersof which f do not know, in ury judgment renders the Ordinance as
applied to us invalid.
additj-onally, as you knohr, the Condoninium Conversion
ordinance also provides for enforcement of the Ordinance by aprivate entity, the condoniniun Association in which the condo-miniun is located. This is a provision which I was not made
auare of in 1989 and, from discussing this with mernbers of yourplanning staff, apparently they were not aware of this either.In my judgment, this provision is an unconstitutional delegationof power under Article 5, Section 35 of the Colorado Constitution
and cases construing that section.
f would be interested in your views on this matterafter considering the facts I have set forth here.
There is one additional matter. The Condorninium
Conversion ordinance requires the condorninium units to rrremain inthe short term rental narket.tr As I underst.and Colorado law, the
Town of Vail does not have the authority to regulate the nightlyrental rate at which a condoniniun owner night choose to put hisunit into the market. In other words, an owner could put theunit into the narket and ask any arnount he chooses for a nightrsrental and the Town does not have the authcrity to regulate this.
When we met in your office last month, you agreed that,the Town did not have the authority to regulate rental rates and
inpose any condition on the anount which an owner night ask forrental. I would appreciate your confinnation of this opinion aswell.
I look forward to hear
yours,
Fc:jf
w-t16. FC
cidffi,Jr.
BSC OF VAIL, COLOMDO
c/o Frank Cicero, Jr.
Kirkland & Ellis
1999 Broadway, Suite 4000
Denver, Colorado 80202
August 20, 1990
VIA TELEFAX
Mr. Mike Mollica
Town of Vail
Department of Community Development75 South Frontage RoadVail, Colorado 81657
Dear Ur. Mollica:
This is to confirn our agreement that Vail Viltage
Condominium Unit 3o will be subject to Section 17.26.071 oi the
Town of Vail Sub-Division Regulations; and that prior toreceiving a Temporary certificate of Occupancy, theserestrictions shall be recorded as part of the-CondoniniunDeclaration with the Eagle County Clerk and Recorder.
FC: jf
BSC- 103. FC
[Dau6 22 p,.-,
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TIIfRD AI{ENDI,IENI TO CONDOI.{INIW DECLARATfON
FORVAIL VILLAGE PLAZA CONDOUfNIUITIS
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RECTTALS
1. F & L y"l1-Village partnership, a Colorado General!aT!n9{:hip, caused to be rec6rd.ed trre cond'om:.nium Declaration forvail vitlage Plaza condoniniums ,(the ,original Decrarationr) onNovember L9, L9a4' in Book 400 at_ eage 2ol-i"-ttt. rear propertyrecords (the 'Recordsrf ) in the office -"r irre cGrx and Recorder ofEagle County, Colorado
2. The rrownersr, as defined in the Declaration, of 100? ofthe rrgieneral cornnon
--' grement-sr, as def ined in the originarDeclaration, and ai.1 rfirst lienors,r, as defin"d i' tn" orifii""iDeclaration, caused to be recorded a rirst anre-n-anrent to condoniniunDecraration for _vail virrage praza condorniniums on Decenber 27,1989 in Book s2e at rage io6 l" trt. Records; anar Ratificationthereto recorded.on, l.tarcf, e, t99o, in Book s24'aL page rr-3 of theRecords (collectivery called herein trre "riisi arnendment")
3. The owners and first lienors of ilunits,, (as defined inthe originar Decla_rat1o.n) e and-i caused to be recorded a secondAmendment to condominium Declaration for v"ir virrig; -;i;;;
condoniniums (the 'second Amendrnent,r) on March 29, r-990, in Book525 at page 640 of the Records
4. The original Declaration, as amended by the FirstAmendment and the Second Amendnenr , .i = ::_l l. :l hr:ein therrDecl-arationrr. AII capitalized terms not defined in this ThirdAmendment shall have the same meanings ""-."t forth in theDeclaration.
5. Paragraph t5 of the Declaration provides, in part, thatthe Declaration may be amended .upon th; *iii["r, approval inrecordable form of the ohrners of 75? or more of the general cornmonelements and 758 of aII first lienors....rl
6' The owners of 75* or more of the generar conmon erementsand 752 or more of the first lienors -aes-iil to amend theDeclaration as hereinafter set fortsh.
DECLARATfON OF AI'tENDMENT
The undersigned ohrners, nho constitute the owners of 75g ormore of the crenirar conmon erernents, and the undersigned firstlienors, who ctnstitutl-idi-;;;;; of all first rienors, d.o herebyconsent and agree to and do hereby amend ttre pectaration asfollows:
1. Paracraph ZL of the Declaration is amended by theaddition of a -new-,subpar-ag-rapn- til , which subparagraph (i) sharlread in its entirety a-s roito'ws:'-,- -sryrs-s:
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"(i) Town of Vail Restrictions on Use. Pursuant to Townof Vail ordinance No. 24, Series of 1989, and SectionL7.25.O75 of the l.tunicipal Code of the Town of Vail andprovided that unit 30 is utilized for residential purpose, theresidential use of unit 3O, is hereby restricted and madesubject to the following:
(i) An ownerrs personal use of his or her
condominium unit 3O shall be restricted to 28 daysduring the seasonal period of December 24th toJanuary lst and February Lst to lilarch 2oth. Thisseasonal period is hereinafter referred to as |thigh
seasonrr . rrOllner I s personal userr shall be def ined asownerrs occupancy of condominiun unit 30 or non-payingguest of ttre ohrner or taking condoninium unit 3'0 off ofthe rental market during the seasonal periods referredto herein for any reason other than for necessary repairswhich cannot be postponed or which may nake condominiurnunit 30 unrentable. occupancy of condominiurn unit 3O byan Association manager or staff enployed by theAssociation, however, shall not be restricted by this
subparagraph.
(ii) A violation of the ownerrs use restriction by an
owner shall subject the owner to a daily assessment rateby the Association of three times a rate considered tobe a reasonable daily rental rate for condominium unit
30 at the tine of the violation, which assessment whenoaid sha11 be a special assessment belonqin<j to thei,ssociation. AII iuns assessed against thL owner forviolation of the ownerrs personal use restriction andunpaid shall constitute a lien for the benefit of theAssociation on condoninium unit 3O, which lien shall beevidenced by written notice placed of record in theOffice of the Clerk and Recorder of Eagle County,Colorado, and which nay be collected by foreclosure on
condominium unit 30 by the Association in like manner aaa mortgage or deed of trust on real property. TheAssociationts failure to enforce the ownerrs personal
use restriction shall give the Town of Vail the right toenforce the restriction by the assessment and the lienprovided for hereunder. If the Town Of Vail enforces therestriction, the Town of Vail shall receive the fundscollected as a result of such enforcenent. In the eventlitigation results from the enforcement of therestriction, as part of its reward to the prevailingparty, the court shall award such party its court coststogether with reasonable attorneyrs fees incurred.
(iii) The Toun of Vail shall have the right to require
frorn the Association an annual report of ownerrs personal
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use during the high seasons for condoninium unit 30.
(iv) Condoniniun unit 30 shall not be used as apermanent residence. For the purposes of thissubparagraph, a person shall be presumed to be apermanent resident if such person has resided incondominium unit 3O for six consecutive monthsnotwithstanding fron tine to tine during such six monthperiod the person may briefly dwell in other places.
(v) Condominium unit 30 shall remain available to thegeneral tourist narket. This requirement may be rnet byinclusion of condominiurn unit 30, at comparable rates,in any local reservation system for the rental of lodgeor condonini-um units in the Tor"'n of Vail.
(vi) The restrictions in this subparagraph 2t-(i) shallbe nodified or terminated, to be of no further force oreffect, at such tine as the ordinances of the Town ofVail that reguire the inclusion of such restrictions inttris Declaration have expired, been repealed, finallydetermined to be invalid by a court of competentJurisdiction or amended in such a manner as to perurit
removal or rnodification of such restrictions. TheAssociation shall have the right to nodify or terninatethe restrictions in this subparagraph 21(i) whenpermitted to do so under the circumstances described inthe preceding sentence, and the Association hereby agreesto so nodify or terminate the restrictions in thissubparagraph 21(l) when permitted to do so by the Townof Vail.
As modified herein, the Declaration remains in ful1 force
and effect.
IN WITNESS WHSREOF, the undersigned have duly executed thisFirst Anendment to Condorniniun Declarltion effective the 12th dayof September, 1990.
OWNERS
'
BSC OF VArL, COT$RADO, L.P., a
Colorado linited partnership
By: VAIL VfLLAGE LAND COMPANY.,
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do corporation, a
Cicero, Jr.,
Cicero, Jr.
Luc H. lleyer
VAIL VTLLAGE INN, rNC., a
Col-orado corporation
partnershf.n
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First Lienors:
CONTTNENTAL ILLINOIS NATTONAL BANK
AND TRUST COI,IPANY OF CHICAGO
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President
JAf.IM LTD., a Colorado linited
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Claus W.
Fricke
David G. MeKenson, Vice PresLdent
Vice PresidentMark Ristow, Execut ive
STATE OF
COUNTY OF
J/''
O"K ss:
-1 , , The foqegoing instrument was acknowledged before rne this/EL day ot haaz,-l-, Lgg0l, by Frank cicero, Jr., as President ofVail Villa{e tan/Company, a Colorado corporation, as a GeneralPartner of BSC of Vail, Colorado, L.p., A Colorado limitedpartnership,
Witness my hand and official seal .
.'OFFICIAL 5iAL"
LAURA I. CZUKLA
Notary Public, Staie of lllinois
My Commissicn Exp;res Mar. 7, 1994
expires | 3/?/f '/
STATE OF
COIINTY OF (.o0,(
The for:egoing instrument was ackr.ov-lcC1ri bcf ::e :.^ " i:
Zl/n aay ot ,frqa.ll{ , 199Q{ by Frank cicero, Jr..
///
$titness my hand and official seal.
"ufi"ictAt sEA!"
LAiJiiA I, CZUKLA
Nct:ry Public, State of lllinois
My Ccmrnissi.n E:(pires Mar. 7, lgg4
STATE oF Cotoeloo
COUNTY OF Etrh|c
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The foregoing instrument was acknowledged before ne this
9!5_ day of \)avem\ce , 1990, by Luc H. Meyer.
and official seal .
My commission expires:
Mv Commision erlires December B, 1992s P. o- Box 665
Yail, G0 81658
Notary PubI
My counission
otary Pubrl-c
My cornrnission expires: 3/ Z/lf
Notary PublYc
srATE oF Couotnoo
couNTY or Elt uE
The foregoing instrument lras acknowledged before me this
day of No\€nE€e , 1990, by Elizabeth A. Meyer.
hand and official seal .
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My Commission expires December g, lgg2p. 0. Bo:r 666
Vait, C0 81659
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COUNTY OF EAC(E
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lii, hmmission erpir€$ Demmbor 8, l99il
P. 0. Bor 666
Vait,00 81658
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Notary PablYc
My commission extrlires:
, The foregoing instrument was acknowledged before ne thislsT day of t$ovEn4Be? , L99ot by uarylyn E. Hanlon.
and official seal .
My commission expires:
lly Commision expires December 8, 1992
P. 0. Box 666
Vail, C0 81658SS:
couNTY or ERt.'t€
_ The foregoing instrument was acknowledged before rne chisalsr day of Ocr6eeg- , 1990, by Josef Staufer-, as President of VailVillage Inn, Inc., a
I{itness my hand
Colorado corporation.
and official seal.
Notary Pub'I\ic
Notary Publ
STATE
COUNTY
STATE
COUNTY
The)lsf day
oF CsoR.Aob
OF EATI\.E
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ss:
The foregoing instrument was acknowledged before rne this=ls( day of O<rsBCR- , 1990, by Josef Staufer, as General PartnerofLTD., a Colorado linited partnership.
and official seal .
My conmission expires:
My Commision expiru December 8, lgg2
P.0. Bor 666
Yril 00 E1658
) ss:or_EeCr,g___ )
foregoing instrument was acknowledged before me thisof Dccenbev , 1990, by Claus W. Fricke.
STATE OF
wi and official seal.
E.-$rc kr{Fb\^l
Notary Publ\Jc
My cornmission expires:
l,ty 0ommission expires 0ecember i.j . .:Jz
P.0. 8or 566
) Vail, C0 81658) ss:
coUNTY oF__EA(olE__ )
The foregoing instrument was acknowledged before ne this)\sr day of I)S(g!AGEE_, 1990, by Edna N. Fricke.
hand and official seal .
My conmission expires:
My Commiskn erfim lhoenber 8, l99Z
P.0. Bor 666
Yail, fll 81654
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of Chicago.
Witness
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as vice$f
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The foregoing instrunent rrag acknowledged before me7fr, day of 'wtuLti4k , L99ft by David e. MeKemson,President of Continental lllinois National Bank and Trust
my hand and official seal .
ss:
STATE oF Cot-otnos
couNty or EACTLE
acknowledged before mebylffi
' Mark Ristow
seal .
this
as, Vice
'Executive
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pGgoFs
Notary I'ublic
l.ly conruission expires:
The foregoing instrument wasl3th day of U-ovemlBec , LggO,President of Firstbank of Vail.
Witness rny and official
rD!4.
44Lg4A B-545 F,-696 VL / L3/91 1E:5O
My connission expires:
lly &nrnisirn rtiE hcltnbor 8, 19gA
P.0. to! 866
rdt 00 81658
Town Council
Cornmunity Developrnent Department
November 2, 1989
suRTEcr: Amendment to special Development District No. 6 to convertunit 30 in Phase I frorn cornrnercial to residential
The council considered ordinance No. 24 of 1989 at their october 17thmeeting. The ordinance alrows for condorninium unit 30 in phase r ofthe.vail-Village rnn special Developrnent District to be utilized asresidentiar. The space has housed Lommercial uses since it wasconstructed. At the october 17th meeting, the council raised a numberof concerns.regarding the proposar, many of which related to guestionson the specific zoning of SDD 6.
The applicant has amended his Iication to request only theconversion of the 2T re feet.
or your cons on November7th of first reading.
Gla= r-la z n."" i"""i t"".i"eJ-^
commercj.al and residentj_al square footages.always been treated in these ordinances as e
We have cornpleted sone researq[ regarding the history and background ofsDD6asitre1atffi-andc6runerciaIsquarefootages.
There have been a yari€:tv gf proposqls and ordinancds amending theoriginat rgze speCiat oE se all of the
'#xi:i"
TO:
FROM:
DATE:
Phases L and have
bu
relates to the
approximately
ey spec c commer
approved development
l-6,000 sqluare feet of
ge max for SDD 5square foo
49 ?grgenentjeqarding parkinq for phases t- and 2, as it relates to therenaining sDD' was found in the files?ntlEffivant to this pronosal.r-e{.<rrrrrrrlj DL,L,, was founo l_n Erle rlJ.es and rs rerevant to this proposal.ely in t-994 the Town reguiied" theattachedagreementtoessenti@eunbui1tjarkinqforunbuilt parkinq forthesephaseswou1dbehand1edinphases4and5.Iffi
L and 2 in 1984; werequired that parking for all phases of the eventual sDD build-out beaddressed. This agreernent spelifically requires the er of Phas 4and 5 to vide for the lnor a fee to be charg or Ene use of such required par n9 spacessee page 2, #2 of the attached agreenent).
plan of the
commercial .
unbuilt phases having
of Ordinance No. 24, Series of L989.convert only the existing square footage
The staff recommends approvalWith the applicant agr-eing to
it brings the proposal more in llne with our original staffrecomrnendation (see attached septenber 26, tgeg FEc memo, condition*1). VJhile we see no actual- positive beneflts of this pirticularproposal , we also find that it wourd not be to the detriment of sDD 6or the surrounding neighborhood. lile remind the council that the pEC
denied this application by a vote of 4-3 at their first meeting inOctober, 1989.
PETER JAMAR ASSOCIATES, INC.
PLANNING . DEVELOPMENI ANALYSTS . RESEARCH
Suite 204, Vail National Bank Building
108 South Frontage Road West . Vail, Colorado 81657 . (gO3) 476-7154
Transmittal Memorandum
l6q ,,-" 6llFn'' o.jlr
'"' Toul{ o( vAlL
Ffi:","T11"'
I Under Separate Cover
Date: ,ltr l+t
Job No:
Via
n First Class Mail
fl Express Mail
E}u' u"'""no".
ou' VhIFA Vua;;u.
# ol Copies t
tr
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Plans
Original
tr
n
Report
Proposal
D Contract6,
tr
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D
D
For Yo:r Review
For Your Approval
As Requested
Other
Remarks:
lilrrf- - ft.tula"k A n dfu dw,9<.D 5r4%vvt;hiu"^
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AU6-?A-'SB L6,35 ID:KIRKLAND/ELLI5 DUR 2 lEL 1.{tr21.-3@3-2944e,?E H6A5 PAz
t;
BSC OF VAII, COLORADO
Vo Frank CIcero, Jr.
Kirkland & Fllis
1999 Broadway, Suite 4000
Denver, Colorado 80202
August 20, 1990
VTA TELEFAX
l{r. Mltce [olllca
Town sf Vall
Departnent of, Coriltunlty Devclopnent
75 South Frontage Roadvall, Colorado 81657
Dear Ur. l.tolllca3
rhlE le to conf,lrn our agreesent that Vall Vlllagr
Condoulnlurn Unlt 30 t*ltl be eubject to Sectloh L7,26.OzS oi theTown of Vail Sub-Dlvlelon Regulitlons; and that prlor to
receJ.vlnq a Tenporary Certificata of Occupancy, thaeereetrlctionE ehall be recorded as part of,*the-iondouinlrmDeclaration with the Eagle County Clerk and Recordgr.
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lortn
75 sodh frontage road
vail, cddado 81&57
{3Gt} 47$2138
(3(ts) 479-2139
June 5, 1990
ollice of communlty deu€lopmenl
DEI{OITITION PERUII FOR WI ITNIT 30
A denolition perrnit wilt be issued by the Town, per theapplication of V. G. Construction, however, the followingitens rnust be subrnitted to the Town prior to issuance of abuilding pernit for the vait village Inn, Unit No. 30:
j.-------_:\.
-..t 1) An bqrrccercnt, signed by the owner of the unit,( stating that said unit will be subject to therestrictions of Section 17.26.O75 of the Town of Vailsuldivision Regulations. This agreement shall be
recorded with the Eagle county clerk & Recorderrsoffice and shal1 be a permanent land record.
0(. -2, Three parking spaces shatl be identified and
secured in the underground parking structure of the\ /I , and shall be designated for the sole use of Unit
No. 30. Documentation of these parking spaces shall be
required.
oK+)6re*j12't +
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33?43l@toa\
SENT BY: CtrPN
TETECOFf NUMBEH:
TEI.EPI-IONE NUMBER:
t 8-LE-Eg I r 45Pt't ,
FN( MACHINE TMNSMTTTAL FOBM
I , bab .4t?, Zt57
CCITT G3;H 1
DATE:
TO:t4tge Wurnnuaz
OHICAGO ASSOC!{TES PI.ANNEFS Af{D ARC,FIITEGfi}
lEtEcOPl/ NUMBEF: (gl2) Z7$igsg
TETEPHONE NUMBER: $rt er*rarr
NUMEER OF COPTES SENDTNG $NGLUD|NG CO\IER SI|EEI):__{_
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l0 llAvt lS fO tPlD thr r*i tnl.thrr rlth rll rg rtqut.l rl* r rrtrr]Er r$ ftvllrfr|| thcFatrtto lrlcalq orDrl|. tlrrrinto E?trlnlrf. rd rtl thr trtr. tfit, tltk. lnt.frt rd rb|. gtri.rrtF. ot fha |.ld Frt(l|'tln :ryrl rc tlrrrinto F?trlnlrf. ||d rtl th. trtrr 'tftht, tltk, Intffit fid Glal. gtli.rrtF, ot fha |.ld prt(l|')!l th. tlr|t Frlr .lthr? lh lfi cr q,rlty, to thr srly FnFf |.Fr. hrllt r$ btrE+ ol thr rrld Frt(l||t of t'lrr r*anol th. tlr|t Frtl srly frpr ||r. hflllt r$ bfrE+ ol thr rrld Frt(l||t of tlt. |.cdd
FFt. (thcl?' hrtrl ]td rrll't for.rtr.II UIIXEI3 Frt(lrrl of tho llr|t pnt hr(rl h|rrrta r.r Ltrg brd rS r|lt
thr lt rs Fff
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rm f,rptp t'€liiflB!*itrslSgfdEfiT Dfthrr d'v c'inm t9, 1990
.lf vrE \rItrJME llw, uG., A cu/ilil|F ERFnIIICN
Fy Gil,f..tci .Dfrr
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,-Slifer&t/ompany
June 18, 1990
Mike Molfl-caDept. of Community Development
Town of YalL
75 S. I'rontage Road WeetValI, CO 81657
Dear Miker
Pleaee be adviaed that the Board of Dlrectors of the vall vlllagePlasa condoniniun Associatlon haE approved the remodellne plangfor unit 30' vail village plaaa condonlnluua, owned by nsc orVai1, Colorado, L.P. If you have any queetlone, don,t heaitateto contact me.
SLncerely,
Slifer ilanagement CompanyAgent for VaiL Ylllage Plaza
SS/sd
Condomlnlus Aesoclatlon
Steve Stafford
llanaging Broker
143 East Meadow Drive, Vail, @ 81657 (303) 476.1063 FAX (303) 476.2658
. '98 llA:Er3 i:l F e F
uB45-el3sB
v.1/>o
THISISALE€ALIIISTRUMENT.IFHOTUNPERSTOOD.LESAL,TAIOROTHERCOUNSELSHOULOEECO}I8UITEDggFOiEEICTIIIIO'
frSffiWftur coNDoMII{ruMt
CONTRACTTO BUY AND SELL REAL ESTATE
Scllcr's remedy Liquidated Damages or Specific h-rf-ormance (section i61.
(FiN.{NCTNG SECTIONS OMITTED)
. Lp^nf,tEsANDpropErty, Bsc Or_vAg; colmADor, F'P', a Co+gragg.+i.mrted parrngrFrl
gurch$rr(s) [pucha$er], ts{e*n*rrJlri lr.orynararl rgrccr to buy' and lhc udc$igrrod 5€ltor($) [sotl6], !$c$ to r'll' Affii#
,rr-90-
ffifiil::[ilffi*ffiil"',,o*i'gde54ribcd'aBtc$tEin$cco{ntyofk'calorgdo,towit|
uirt-z154JggjiDuldiit!' .,VILLAGE-rNN pr'ag'r '' "" -"
irccordins ro tfu Mrp or Pht ard Docltradon thcrcofroccxdcrl in srid coury rpcords'
l*i..rrplh. ". -' isiaiaffi:a;36iilUt'' - ' . :: :: '- ;--:::::,;tilii;;;lt;{'u"h rad btFrhsr with dl 4rrrcnmr i"PftvenEtrs tnc
.,f,.Ud for*t, ot opt u hercin cxeludcd. rnd callgf {r Propctty'
** no personal property, fix!ures or eguipment
Thc purchasc pncc rhallslso includ€ uscofrbe foilowlng Purlrng tlcrlnytsl; li -i- -' - ' '
cnd rhr following rtorrge fr*ilrtyGi: t -- N /A .'" -- *icei of ull rar*,lienr and
Tho abovcdescribcd irrctud"d i*rg (riiifififiGEioflvcycd !o Puchlser w scllcr by bill of 30lc tl thc clo$rr
cncurnbnn.ot, t*cu as providsd in [ectioo l0'
3. puFcHAsE PRICE .{ND TERMS. Thc purcherc Price ehdl bc $ ./15+ooo.40-- , Pavtblc in u's' dolhs by Pllrhrscf $r
folto*i (complct& ths rpplicablc tcrmr below)r
(l) Earoett lvtoueY'
, f]ffiF:6"t" 1n,1,, grr* o1 e cheolr ,. , as esrn$r monr,y dsposfi and parr pyme ofrho pqrcbcrc
L_-,.-_ r- L-,.- I lftStr|N9t|frbltiLo.+st
2- INCLUSrcNS' Thapurohsld Ptice ircludct
Fic!, prylbli q $-d.h€ldlY
I
(b) Crrb at Ctostng .,-,1..^,- -^-,t,t I'ijfrbttff-- tobopaidsFurohucrrtchtinsinoash'rrrclronhrrun$rerrunds::::*Xlyj"i:Tf"i]H"llllljlTii;
oa$i€tl chcck
t
-e{.H{.eP..
€lntr*.rtttirt-@
5.oooDFUNDS.AllPaymcnlsrcqui'€ds|closin8shi|l|bernadcindundswhichcomplywithnllilpplicsblcco|oradolaq''.
6.!Y0TASSIGNABLE.Thiscoorra4t'hallnotbcrsslgrublcbyhuchrsp'witbutsel]cr!priorwritteoconson'Exc*4rssorccrricrcd.this
c6r rtcr $hall inulo to &e b€dent of snd b€ binding upon rhc hcirt' porson rcPtes€'rndtt:: l'iilYLilllT" of th€ panias'
?. EVtDENgEOrrtllg. Sellershcll furnish to purchrscr, u sellc'S cxpcnso, eith.r a cuncnl commiut]c'|! for owncr! drh in uEncc policy tn
un alDourt equll io rhc purchase prico or rt Stllet'e choicc' rn lbstnct of dtlc strtiftrd 10 l cunsnt dttc' on o1 5e6'o J U ni-l'Q'- '
F g0 , tf a tirle inrsrsnca cornrnitmcnt is t,rnishcd, furct *., nly roluirc of Sol!* rhor coPics of inlttum'n* (0r abstncts of ingrumcntr)
liJ&d in thc sahrdulc of cxrepions (Exceptjcnt r$ tic lltlc inru"rc, cotmi't *nt
'ltro
bc furnirM ro Purchassr rt ssllert expcncc' Thiu wquitcnrnt
rhrll pcrrairr only to inrtrumens $hown ef record in rhs office or rbo ctork rnd ldcotdcf of thp d€sitndlcd c'xlnly or counlies' Tho lill€ intulsdce
commilmcnt, togother whh any copies ot nbsrnots of ingtrurncnrs furniuhed frsulnt tq thb siclion ?' constitulc fie tillc doogttr'ntr (Titlc Documcntl)'
purchNsr mU$ rcquest Sellcf to fumi$h copies o! tbs(tucts 6f in$tqfiiont' lisEd in tho r+hcdulc of e)ecpdons Fo luel Ua$ -'5--
oalond$ dlys
er pryihrscr! rcccipt ofhe rills insur,.n;d commitm€rt. If Sellcf futnirh u tilla ins$I*nca som itt,,,cnt' Scller will have tht lilll inilrrtrco Policy
<vqed to hwhjEcr r, loon ar PrncticEblc gfEr closing rnd pry rho prcmium rt closing '
g,TITLE.(|)Titl.R4vlt*.Purohlgorrha||h|!tthc-rightloinrpccitbcTirlgDocum0ntiolgbctlacl.WrircnrwticcbyPurchrscrof
unnsrchsnlrbilhy ot titte or or,,,y othr:ffi;;;ffi; iri;.i'io''iiio,, orroJi'uy',il'lil; ot;ft* oiruntrrl tttatt rc signco w & on bohalf of
ilxlrfult#;tr ffiffffl!"ffi3'sffi3trJffit'1"ffmi'i
ro'crhc, wih a copy of rhc nUc pocur,reit iOing no,,v fxccpri6of st o.tiOe. ii:liiiijr'oria"Caeoryrq doci not ncciv jh*c6$arl noticc by U'o da,(s;
rp.cifird rbov., Pur.t o.",,r,.g uo oJiillo f,!r. *o"p,JC ,t* .onoirlon "r
1,tic ls-OiiCtoJU ty rira futc Oocuma i aa sstisf&ct0l.y'
.Tbfofmmsy1tF!+'r&dfo'rhrrl|rq{1bwthqurcr.PlrndUnitDGwloPfcn$r'doth.t]r'idcnsiAlbuildin8trouPrinvolvi4to.r4Er6hi9olcc|nIno'olct3.
Nc,CBS5D.!89, nE$|o€NTtaL cOtiDOMlNtuM C{'MfIACT ro luv ANO$ELL8EAL gSrAfB {rlNAtrClNC sEC{rON$ aMFTSD)
Bdfar4 grblirl'ioi, l1'l! $!tss St', D'|lvfi qO &A0t - t3O3) ?9?'?500 - lj.fg
(b) Ii,lrn&rs Not grhown b,y tho Pablh fudor&. Scllcr shsll delit/€r to Purchaso!, on or brforE .hc date srt forth in sccticn 7, truc copic* of all
IralE(tl mC su!'wry({) In $cllu! posrnion pcnrlnlng to rb. Prupcrty rnC rhdl dirclor. lo R$ch$!! ell crlcmont*, }icnr or other iitle mrlScn not thown
by &o psblii! lccordr of whiah Sallqrb1r actual kuowlcdgo. ttE tlJcr sholl havr rho riShr to infpcc! the fuPttly todetormino lf rny drlrd ptrty(s) htt my
ri8ht ln Ur? Pr€Frty odt sLwn by th€ pblic r€cordg (euch ss aa.uDrpcodlod oirlcncnt, unt?ooldcd k{cc, or boundary lina discrupaacy). Wrlttn nodcc of
V ut}$ditr.tory 4{rdi&nG) dbcto!.d by Sctlcr c rowalrd by such inrpc.rion rh0ll b€ $iftd by oron bohrlf of Purchaeer ardgivcn to Solllte.{Jl.llf
ceflF.?m c bqfs! rlune ..?5 ,1939 - . lf sallor or Lisring Compury doer not nc.iw Prmh$€rg torice by
|rid &o, Purchasrr shru ba d€€rud l,o h.w lcc.ptC ti{s rubject to such rithrs, if rrny, of third pa*ica of which Purlhr.rry has acaull ltrorvlCto,
(c)RigblloCuro, I f Scller er**rht€snrFrt receiyrc noricc cf urururcharnabiliry of titlc or ory oihcr udsatisfactoty titia conditioo(s) ai provided
in *ubscclioo (n) or (b) sbow, Scuer $rll uso pasoneblo cllon !o corr.cr $id un$s.irfa{,tory tjllo condjrion(r) pricr to lhc dtE of cloiitu. lf Sallar fsils to
sonc* $id un$defrcloly tidc oordldon($) on or b.&rc rhc Crtc ofcloging, thir conlnot thall thrn terlninic, rubjrct !o rccthl l?i plovidcd, horwvgr,
Purehascl mry, by writon norice rcccivcd by Scllcr o*Lloriag4c*npr4ron or b+forc clotlng, wrive obJ4ctio0 !o ssid unsEriehotory tidd condition(s),
(d) Caodornhis& Doaunenrs, Ifthabcxindubs& on (l) ischcohed, Purc$sEer ho$erighl io drinppra* the condominium docurncntS $ set fortl
in subscolion (l), tf uld b6 is doa cbeclC, Purchurrhrs rcccivcd oopicu of rlro coly'orniniurn doourncnu s acccpts tham &r r€t fot$ in cuhacthn (2),
E (D SChr rgrrot r,o delivcr !o Purohrscr, on or beforc rho drlo a3r lo h in la{tion ?, I curlrnl copy of lho Dcclrntion, Byla*r of tho Owncr*'
As€oshbon (hcrcin "Byln J'), rulcd etrd rrguh{ons ard pury wall rgrccnrcntr, lf any. Wtiltct nolicc of sy ururtisloctory ptovision(r) in rny of thcre
Cocurnenu, dendd bi Prlchlscr or on bhalf of Purchuar rrd girtn ro Sellrr or Usring Cornpany within 3hc timc slitcd iA Uo bhnk in subsdcrion E(a),
rhdl r$min|!6 rhit conrncr, subjccr !o lcorion l?, If Scllor or llsdag Conpuy do.$ nor ncclw nucharcr! $ri an notica v/ithio such timt, Putehustr
rbNtl bc d..nFC to b.ilc recaFtdd th. tlrmr of flid docr[runs, E&d Fqrafur.r't right !o tormlnarc this cootrtct pu,tucn( to thb subd&rion $dl bc qlivod.
(2) Purchssor rctrcwlcd-gre th scllcr h|' dolivcred a copy of tfrc DccLunion, Byhwr, ruler rnd reguhtiont rnC prrly wrll agrtncats, ifrny, oftlrc
Owndrb AjsociltioD; tirt hirchaser hss rosd (rcvicwed) lhatn, lgrc€s ro {ccept rhc bonotitr, gbli60ti6Ds, E d rcsrric ons which they ialpos? uPon d|c
Pnpcrry ad wrivor rry right ro Gr&in8t! thir co$trdra du6 o ruch Cossrnrnri, mtwitlr*ending rtrc pmvisioos of subsoction 8(c).
t D/ttE OFCI,{)SINC, Thc drtt otclolirg rhdl bo . JULd, 2o ,19.9.0*,orbyr rtld *gccrrcrd ar & culis! dst4,
Tlu hour ||d plrcc ol clo{ing rbrll bo la dctiStEt.C by
f0, tnANStrEA Qf TrTLE. SBbjecr to Fndrr or Fyro*rt on chsing $ rcquiftd h€ttla srxt compliurce by Pruchasaes,ith tho olbrr Erot ud
Fqvi$fi hrrlof, Slfbr 6hdl c*.culn rod dcliwr u good and rufficicot quit e,] .-im -. drcd ro Purghtsdr,
oa choing, scrvqing dre Pmpcrry frcc urd dlerrofall ta.xcr €xr.€p{ thc t ncrrluxpr fot thc y,clrof cloring, aad oxccp J}9IISI--
f!.G srd clc||r ot all licnr fu spcclrl iaprucmeoB inlallod 15 of !b€ dttc
of Rrsh$ort sipttqre,lercon, whctbcr Bilrsicd or Dol; e$spr dirtributi€D utliry crr.mfiB, tn rluding cabLTvi ctccpt tho6d $atten t€flcctcd by tho
Ttla Docuncaglccopid by Purcb&r iri lccordsrcc wirh subsc4don 8(a); c.\ccpi rho$ righta, if aflj,, of Oird parties in the kopclty not 6hown by rhe
pf$lic ncors l0 r&ccidanci wirh subrccdon 8(b)i rubjrar lo buildin8 rnd roning rcgulrtiom rld subject to tho brnsfits *nd brgdenE of rny D€.lrrldoD
:dd pdny wall sgraE nrors, if aoy,
U, iCyMEIiTOf ENCLIMDnANCE$. At|y cncl|mb!|nc! rquir0d rob. pid$fullbc paid ar or bcforo thc tilBe of s.ltl.nsnt frctn lhiptocc€ds
0f tbi! tnnnction ot ftotr sny o$cr sotnc€ ,
U. CLOSINC COSTS,'DOC(ME}\rIS AND SERVICES. hirch$cr rnd Sellcr rlrall pry thcir rtspctivc closlr8 ca$ts 6r-closi_n8, .fic€Pi crt
orlmwi* providcd hcnln. PurchrJc( & t Sollcr oh!.tl oign rnd compl€tc &ll cusromrry or rcquir€d documcnlc gt or befote closing' Fcor for rtrl ertst
cloring.nd setrlcmenr rcrviccs shatl nor €xceca 5 --&-9-r0i-- anc rbtt bc prid rt ctosins by so116r..an'i F'Jrtha'g€E
,_ e_guall+_ - ,-
l.t. PRORArIONS. Gsndral tarcr tbr Ut€ )16r ofclosing, bcrcd ofl th6 mo0t rcco lcvy Eod thc mod rcccnt assetsnlcBti rc4t6; rYaBr tnd towct
chrrgo$ inrgw on con nui1g td$n(s), it Eny; eurrdrt regul$ Condominiutl o, OwDcH' Assochcion (hcrcin Owncrc Associttion) s$dslmetts, lf
5ryl &d no Ptherjlpma - ,
-
$h8ll be ptoJrlrC to d*c ofclosinS, Ownpru' As&cistioD stsc$snEnlt paid in advalca lhull be credi&d
ro S'ruff |t thc timc of cloring, Crsh reFeryes hcld out of thr eg$ltr Own€6' Asroci*icn $ltasfieott for dcfcncd mai c0Etrcc by tho Ownen
Asrtrhtho $aU 0ot b. crGdhad ro SollGr rxccpr u may bo othcrlrh! prcvid.d by $o D€cl ion, Articlc{, or Bylavs, Atty sPcsi{l $irsrncnt ry U!
Owler' Ascoqrtbn tor irnprovsrn€jrtJ firt hrva barn ins.dlcd rr of tho drlc ot Rltchercrl rignarure herton thEll b€ the obligrtion of S€lLr. .dny othcr
ryrciel a$csinrsnt Erro$€{f priot t{t d r otclosinS by ih? Ownlrs' Arrocirtign $alt bc tlt oDligation of S a I 1 4 r _- .
'bltcirr
Ary$l?r, urr d trir:sfcrux th$ mry icctur bc€ruw of this tritnr*don thrllbl pdd by lill r cD-q$4r .,
U. FOSSESSTON. Forseeston of rhr Propcny lhrllbo dclivc&d to Purchrr.r.s followr: UPOI1 Completion Of theclosing of title t,o the prop€rt,y t
$bjr*r !o b! fellowiry l.rrc(s) $ lsos!cy131; lN.g n e _ -. ' ' "
If S€ltdr, rft6r closlng, hib ro d.liy pe$cadoo on rho d!!6 hania ry*llicd, Sdlc rlull bc rubjrxr o cviction ud shslt bc addftiondly tiEblo !0
Purchrror fcr prymcn! of $ ijJ9- pcr dty forn U€ dstl of {8rraC po$.$riarr undl Potrclrbr is dcliv.&d.
pur0h|ror ' 0 <loor Dldx.s uol rcpro€cnt rhur Purchuor w l occupy tho ProFrly hrph#ctl Principol tlsldpnco.
t5. CoNDITION Or AND A{MAGE To PROPERTY, Thc Propcny and Inclueions rhlll br convgycd !n $cir PrcsE c-onditisD, ordinnty
ur{l. god Err .Ipcpred. In rn. cvcnr rho hop€ny thrllbr drmsgcd by llrE orotjrtc ucl.y ptio. to dms ot cloiing, in rn lnl'lul .tt Plryl_o_ ?3.S1
pcrg€ar of the ronl'purohue p(ic!, Sollcr shiu bc obligrkd !o rcprif tlr€ rrmc befota hc drt€ ol closing' In 0r crtnl sucD Cf,nagc ls nol toprllto wlaDrn
il;d;; itib; dfiicpr.fud n;€n su-, rhis conrircr may bi t rmirrrod irt thc option of Pwhaser, Should Purcharcr clcct n crrryo-tl dis contfrst
d6*;tit6E;iGhdiiiii b.,nrirtcd ro crcdir rrir.all tho ineuratrcc.q*SLP.'l1ins.fry1t*h,q'9f-qry-Y4.*^l-tllf3:51;ili;;:;r*# lil orsl gtlrcise p.".. Should .rur tnclulioo(r) or rcrvicc(r)ln slid Udt ttil oibs fimcgcd bcrw*n *rc drc of this coolrtct arld S|€
;il;;'*;;i;;t; il;f posil';, whichcver r-hlll tc egfiicr, drcn Selfr rhrlt bc liable .for th. rop-rir or repLtc-cmcnlg:::!-S$i9lfl::il;';"#il ;it;. ffi; gos;iF, "uiiciai rirtt t €arii;i ncn seli'cr rhrll bc liable Jor th? rcRrir or repl*149n! !f Y:f -$Si9l!:l 1:
scryicc(!) witi'r unir of rlmilariiaa, rgc und qultily, or |n cq si\4lenr crtdir, bu? only ro $c crleDt thst thc maintrnaic€ or tepFccm€nl 0l such lixtsl9$ 9r
*ovica ii aot rho rcgoonribilitv of lhE bwnirN; Associruon. iet$ ray ilrurancc gltciCr rccsiwd by Purchalgr cowtinl sucbtEPur6r plic6JMnl'rrryict ii aot tlo RcFrndbility of thc Associrdon
rhrtc rhdl b drE follo ng rcrnediesl
. ret$ ly glscaCr rrcsiwd bY Putchalgr cowti
. 16. TIME of E$SEI{CE/8EMEDIES, T.lnc i3 of rhc .si?]Kc hcrrof. tf eny norc or check rccoirryd rs elml*r moncy hcrcu4cf 9t ttty gltYr
p+ynenr due heicuodor i3 not p$d, bo0orEd or Erdarcd wben dun, or if uy other obligauon hcaundor ir not Pedormcd 0r walvcd al b€tcln plovls4o'
(r) If PURCE SEn $ IN DETAUIfl: IF THE BOX IN sUBsEClloN (t) Is 9H4KqD,.qFLLE-R'S REMEDIES SHALL BE Aq qlq
Fogrriii3ulisEcrroN fl) tspeffi- psiironr',te.llclr, F SAID Bo( ti xot cnecrep,sELLERs REMEDIES SHALL aE As sET
ffi:*}|?:ffi1 '1ff':H?'fff'Tl, ,-,*, . ,un.o,rcc, in whicb car*rr prymc* Er,o rhinsc d varuc nccivcd P:ryr.,
;i'tilEhlrfr,rd;a-rsitjnel on U.tutfotScttcr, rnd Sllkr mcy ftcorcr ruch danagm m mry be propr' or Scllcr may clccl o trcat Oi$ conttrcl DcinS
in full fott. lnC cffpst and Sellct 5hdl havc Oc tigh o rF€dific Prftbrlrtrncs 0r drmaStr, gr both'
(Z) tlqtddstcd Drrnsgp. All pgymonrs ard th,ingr sf vulue riceivC heroundff shrll bc fonbited by hJrch$cr rnd retained on bohrltof Scller fld
m,il.riilirnAi ucriiia-iuc rste11;6o irom rtt obliiir-ioui trcraunasr It is egrscd thot euch Fymcnt$ ud &ingi of lslus rrd LIQU IDATED DAMA0ES
il (il;;;'Dr*ti; i.i rlusecrion G)) arc sELL,E'i'$ soLE AND ONLY REMBD/ for Purchsrr's friluro to p.tform ul€ obliscti(tn! of thic codrpct.
Scllir upi$lly wri"oe rhc rerncdhr of fpcifrc perfqrmai.c ud rdCitionul dr r$t'
(b) tr SSLIJR Ut lN DESlllLTr Rlrchsssr rnsy cbct to tr!|t &ir contncl s €ucellrd, in which ousa tll.gry*$ T!.gl8l E,:li:
rcccl$d-tercunder shlll bg rprumd nDd furaiuet mry rccorvcr iuch drmtScs |$ rnry bc prupcr, ot Putchrsir mry clccl to lroat lhis contncl lA Dctng ltl
full forcc rid sffcs and hrchqarr sbtll hrye thc ritht to $pccifie pcrformancc or C|gtrtds' or bolh,
id CO9TS ANDEXpENSES. Anyrhing ro rhc coarnry hcccin novitlrsrdll8, in th. evsnt of rrry liti8ltion or sbilnliot aritiJrs o[tcf thil
corllncf, thc gorrrt $lull $v C tO tic pltttili4 purty all Hlon*bk CorU atd at9ctlL, inolll{ling rllotngy lccs,
." lt:l L ll : llEi r-r F ; F':ll:lo -8.J5-ttJ--,E P.4/5
o
Conpuny,le 90
;il,iTi.il;fi11,1lifr lll!! tol forth th{red in th;( c,.'i^. .-,1u rot forrh *T,[,:* racrion, .nc if ?urohrscr ano siucr rrn* noi'"r.ir,.i. il;;;;;r;';:#ffi;;#:'fr:Tff:_rrrna 1( -^ nn , nr_ry, rF.eexrtr|r rrr.s tlr.IEoa t{tcrgot Qn o, iglort
ffi:]1.f+:.'*isc<rarrrctshallthcatermirirrtc,rubirlrose6l;nt7'Purcb!5€r|rft8Pcnsiblnadsh8llPry for rry rlarmgc which occur$ !o &e propsny md Inqlusionr ar s rcsult of ru€h inspccrlon,
?bAj5$lcIATIoN As$EssMEYlt ,#tX'jtltt:no thtt.h! .mount of thg rcsutar ownerr' Alroqiarton rlsessmonr r! cu'rnrty
t&cpt lll0 CU!'rnt rcgul srcssmcr*s
r6t6srflBn$ .rs rubjoct to ohange s! prbvidrd in rh. Dccladrien, Aniclca, or Bylsws; Splhr 0tr9as t0 !cquc$r, prompdy rnd .liligcnaly, a st{&mo'lr of
rslcsinrdnq 08sinfi the Roprty, propued ond c€rdficc by od Eoord of Dlrccrorc of rhc Ownln Arsocluion or rs dccignrFd ngenr, sd dsli\Er raidtl$'rnc !o Putchrsor on or befora timc of clo3idg unlc$s ma obtdnabts uftr{ Cua dili$mg. Any lber irtdi&m to oc isru$qc d such slalosu't of
sc{?$lmsnl $hall b6 Psid by
It" EICHTOf FIRSTBEFL'SAL' lfthc Declrrrtion, Atticl6s, ot gyhw! trquire {Nrirtrn rppr{ El of rhc *lc conromplaod by this conrnc. or*'riw of(i&ht of firlr Ffusal, Seller shtll, within scvcn calca<lar &$ of tha &te $is docunsnt bccomcs o cootncr, rcquen su*h rppronl ani/or wrlvoru ory bc rcquircd affl sh{ll Colivcr it io Pwhasor on or beforr ctoring. If Sclor shrtl bc u'lsblc to obtlin sucb rpprowl arutlor wsivar ol orbcforc [t/A - ,, :,.t9-,rhircontnctsbrllFsminara.pnrchqeirgrcrrocooperatcwids.llcrinobuinlr{lhe spDtovll atd/ot warver rnd shall malc availrblc such inlbrmadon u fir Orrncrf Asiociadon mry nuo"fit t{-i": -*
2'" ADDITENAI, PRIIVISIOT{S:
As set fort'h on Exhibtt A attached hereto and ma.de a part hereof.
an..IECCEVIMENDATIO\ OF LEGAL COUNSEL. 8y signing this docuncnr, Prtrchusr ud Sctlor Ecknowlodg€ rhu tre Scltiug Compony
or. thc Lliltrl compaiy hs$ ft.snnsd€d thrt Pulch*rrr rnd scllcT obirin rha udvico of rtclr wn logrl counrel regrdlng craminclidif dtli uti
tfiis conrncl,
24. TERMINAfi0N. In thc .vcor $is conltact is Icrmimtod, ull poymcmr rnd thin8r of vrluc rtciiv€d hor€undcr rhell be rcrurncd and dra
prttiot thiU bd rclicved of rll oblig*hns trerunCar, rubjdcl ro soclion lt,
25, NOTICE OP iCCEFIANCE/COUNTERPARTS, lf rhiu pepq561 h rcccpted by Scll6( in wrilng rrrld Furchrj.r r€ceives iodce of ruch
$ce pliuco on or bcfort , l9
-
, rhb docum*at rh,!l bcconrc a concrct bormrn Sellrr urd Purchgpr.
f;ilTffl1,?*, rtfflff"f,,ty*iisnec' shalt havo rlrc rishilo.hnc irstr{riojlG)orfia phy$icrr cordirion of rbe.Plop€rry and Incrusionr,rrrrfn, ,:un. oloiunt un$Blisrocto,y condition, sigXd cy purchsscr,ii'n; i*-"*c oy stir"r,iiti.ry'E;;;;Jrt Purchasrrb erpensc, lf *itfon I
-- --'' ":-4"*''"'' u'Yo srs IrEt[
'Q
oavc lnsP€'GlDn(s) ot Ulc physlctl cotdirion oftbe h.r;;;;--:-' "'.itii;E:lgEnv un$Brisr'cto'v condinon' sigtii bv "*::E;:,:*:*il*T:
;;;il;d;;ffiil;
r*s rnd ixce$ ,N.'ne , , . Sgch
A copy af *d+ dotumcat tnry b€ exrcuted by cach party, r.cpanrcly, rnd whan crch ptrty hls ecput€d I sopy tlroroof, ruch copics trlar tog€thqr shrll b?
d!€m€d to bo a t'lll ard comDlrF contl}cl b{twccn rhe o tics.
P:c 99-yA.lL99!9R199I1P1, a colorado rimired parrnership
By:
Purchardr!
BE usrtN6cor4PANYl
25. ACCEP/rANC8/COMIV!$S!ON. &llcr rccepr rhc abow prrporul thir
-
dry of
VAXL VILL INC., a Colorado corporation
ts
6clt+l
lb5 /Scllcr! Addrcss
res ldeOt
dow Dri.ve va11
go*t+ore*y
D'tc
Purchager t$ Address I c/o
t 999
Frank Cicero, Jr.
Broadrray r Suite r Kirkland & EIlisr
4000, Denverr Co 80202
'98 1ttr:81:r ar P & F :'1li -J _ L:' ,1 E _ trr
v
1350 P.5/5
L
SXIIIBTT A
(Attached to and made a part of parkingCondonlnLun contract to Bui lna -self RealEstate dated JunG 1, lgg}, Ue-tween ASe-Of VaifColorado, -1,.p., Rrrchaeer and ValI VlllaEe Inn,Ino., Seller. )
ADprqr oNAL. PnovrsroNg
1. 9lrchaEer ie buylng thc proll"rty ln an frAs rsr conditlon,
*__,__1., Each party repr.sentg to the other that no real estateDroxcr has anv claiu tor conpenratl0n or cxpensgr a3 a regult ofthls traneactiin ano .i9rr p"-ffi'iter.by aErrees to Lndeunlfy and hordharmleeE the other asainst inv eu.h tiiin-iri*t"ilf,-1r*;irgi;-;;undcr the lndennifying party.
a. Thlr cont^raat 'nay bs cxecuted in tlro or $otr6:?lnt:j:plllrl each of whlch shalt ue Aeonla t" ud an origt$ar-indlrl or whl.oh togethet ehall gonstltute but on€ ena the ci;sotlglnaf instraluenE.
4 - rr!'Axrt nachinc eopirl of, an orrElnar elgnature by ex,thcrpN'ty ehatt be blnaing as il they weri-#Gi;at Signatures.
Project Application
5 '7, 7a
Prolect Name:
Prolect Description:
Contact Person and Phone
Owner, Address and Phone:
Architect, Address and Phone:
Legal Description, Lot f) . 31o"p
Comments:
Filing Va;L Vilhe t*, Zone
Design Review Board
err. 5'2'7O
Motion by: h'l t ( ',
seconded or, ,/. o-^'G
DISAPPROVAL
j^o
h .r, lqrtL-
Date:
Town Plan ner E Statt Approval
: APR-16-'98 15:34tl
fr' r!ar t I
'rl I
a -llr
A
o TEL NO:
APPL8C Tt0I{ 0rATEt Asrll 16' 1l0F .. -
DATE OF ORI t{tETli{Gr . llrr l. l-cl0----'-
a. _
DRE APPLICATIOII .
: '-' '. -.-l-- - ' ';:- --- -- ^.r-.r---i^s
I
**ftt*r! AppLtcATror{ HILL iloT ri rccgprgo u}rrtl rLL rrilOruillt0t{ t3 fuBrllTTEDrr*tt
l. lfE.AtPttCATt0tt l{E$Itl0t
fl452 P62
milet0{
niruiiiif;irril'illil$fr l$tlliliil$'iiililiihliiilllfif lill*rrlitiitlii ji! ii,ifr ii$iiilii,itgillt$ fi niil illriillHfrry ilf
trrtor).
a flndil'iii'il liriiiiiiii liilF^ii;iiiiv-$.;ikfri-iiibint'nrnt llT tf iiii'.lirill:l,lr'iuiiii ilei iffiil'rir[ml iili . rf iilrrmrnil, Plftrr ngt!-tl
iFt:iiii,iiiliiriti,!iliiiili:rilifiilt jlglii,i:drffl :r,tttilit'| ll li;'3iri'i,]t'iUilii ittiiiontt rumltttl.4qult'rmm6. Ptlrrr nqEl rnrE I LsnrLtrr trt'rr'
lFr:iiiliiirliriti,ltiliin'ri:ifiiI!,'nr;lii,i:drm :t''tttilit'|ll lii'3tri'r
ii ;ffii;iT'lriirl'i. [uitctng Prrnlt tili'iiillil$:ilf;l$l]it':iliiilti:-iii iinliiiEii' ir iiinr;rii -to'st
.4,?R0JESTDEsgRlntoi|lConllrr{on0f.!.,?3?tfi.|t.rr{rtln'rlrrqlralrlrlrgll"e..,*
ilT-Ytllror Plrrt Condomlnlum.l. locAtloll
$!r31r lrrt Mrrdof DptrrR-qd urtL 0err-.
lrtrl Drrotptlon Lot--.g- llech
lcnlng Sorclal Dcvliounlnt 0tltrr{ar rr
Flllnfll[ttlllaPr ttt
C. MllE 0F AfPLlClrl{Tr Bsc oF VAIIJ
MllE 0P APILICANT tS BEPRtg!|lTATlYl ttl nm /trlrlr r'^rt h"#
fiarrr i00 3. Fr.olttqlfrd. 1.. sut+ ttarurlt, r'n SUrr , tdrphoilqFrrff'Snlg
E. q{ffiE 0f C OF IIAII., COLO
)6i,*
Addrrrr onn [,1o^. ,r, lr-, nir*.fi,, leret- " ,,, trbPhonft&!9L3316
F. DRB FEtr Thr frr rlll br prlC rt tlrr tlnr r bulldtng prrnft ft rrquiltrC'
IltuAIroN _
l0r00o
t0,000
160,000
.500,000
r000'000
1000i000
$o0[rAl{T noTlcr RE0ARDII{0 ALt tuBltrslolrt T0 IHE DlBr
l, ln rdd!tton to nrrtfig fubal!ilI nqulnnnrntlr lhr-rp9llarn! nYt! rtrhr-thl-'tltr'0 !f,,iiitiiii irfriill';iil'i,ltliiti;idi*lil"l'ili'll'lni'lhol'litl'1f,.
tl lr.
Thr rrylrw rFoc.rf fcr. r{Et{ luttotltot wlll prnrl!y Inqly! bq rrPllllr-nutlngr
ii'titi'iiirii-iiiici-ioili,-ii-iifiU'ii iiili.tfio nmtlnfr tor thrlr lplrcvrr.
'
#: til,',li o'ill f;l,loffi iill !i'?,1'! 3" lil.Hli"-?ii'!.'il[ih' |l'$i' "npuDllrlrC. '
0,
744
$r-
'l 10,00I tt.00| 10.00
3100,00
tt00.00
f3@.00
| 0.ft 10.001 . I
1.50.001 . I
fll0i001 . I
3f00.001 . fI| 0irn tt
2,
'1.
APPLICATI0N DATE: APril 16' 1990
DATE OF DRB MEETII'IG: l4aY 2. 1990
DRB APPLICATION
ACCEPTED UNTIL ALL INFORMATION IS SUBI.IiTTED*********THI5 APPLICATION tlJILL NOT BE
I. PRE-APPLICATION MEETING:
A ore-aoolication meeting with a planning staff member is strongly suggested to
e.i;*;;E'ii-inv uaaitioial lnforination is needed. No application will be accepted
;;i;;; ia is comptete (must include all items requ'ired by the zoning administrator).
ii'it-tnJ ippiillni;s iesponsibility to make an appointment.with the staff to find
ort ulout aiiitionat submittal.requirements. Please note that a C0MPLETE applica-
iion-riii streamline the approval process for your proi99! by decreasing the number
of-Conaitions of approvai ihat the'DRB may sti-pulate. ALL conditions of approval must
be resolved before a building permit is issued'
A. PRSJECT DTSCRIPTION: ConVersion of 3.927 sq.ft. existing comercial qpace knnwrl
contai ni n bedroom
dttdch€d Pldns. Construction of a nerv enfrancc in thp soriLhwect co.ne.0f thg
commercial space known as Unit 15 Vail Villaqe Plaza Condominiums.B. LOCATION OF PROPOSAL:
Address East Meadow Drive and Vail Rnart
Lega I Des cri pti on Lot-- n
-
81 ock
Zoning SDecial Develooment District #6
Filindajl Villaqe lst
NAME 0F APPLICANT: Frank Cicero. Jr-
Address 200 East Randolph Dr.. Chicago. Tl 505n1 telephone312-86I-2216
NAME 0F APPLICANT'S REPRESENTATIVEBTineT,/Strain Arnhitectc hMxJ
I
Address 500 s. Frontaqe Rd. E.. Suite 112-Vait, C0 RI657 telephong03-+;e-3039
rllAME 0F OWNERS: Frank cicero, Jr,
Xisnutr""
Address 200 E, panrrornh Dr. chieager It 6060r . telephon6l2-861-2216
DRB FEE: The fee will be paid at the time a buildjng permit is requested.
VALUATION FEE
c.
D.
E.
F.
$ 0-$ 10,000
$10,001 -$ 50,000
$50,001 -$ 150,000
$i50,001 - $ 500,000
$500,001 - $1,000,000$ Over $1,000,000
'$ 10 .00
$ 25.00
$ s0.00
$100.00
$2oo.0o
$3oo. o0
IMPORTANT NOTICE REGARDING ALL SUBMISSIONS TO THE DRB:
1. In addition to meeting submittal requirements, the-applicant must stake the site
to indicate propu"iy"iin"r unJ-Uuitding Corners. Trees- that will be removed
should also be marked. This work *rit"U..o*pleted before the DRB visits the
site.
2. The review process for NEIJ BUILDINGS rvil'l normally involve tllo separate meetings
oi-tne Des'ibn Review goi"a,-io plan on'at least two meetings for their approval'
3. People who fail to appear before the Design Review Board at their scheduled
meeting and who have'not asked for a ioitpJn.*ent will be requ'ired to be
rePubl i shed.
LOT SIZE
Comments:
20'
rc'
15',
(30)(so)
ZONE CHECK
FOR
SFR, R, R P/S ZONE DISTRICTS
DATE: 4/16/90
LECAT @ Block-- Filing Vait Vilaqe lst
ADDRESS: East l4eadour DT;Tn-AT-TT Road -
ol.lNER Frank Qrqe Phoneflfugfufll![ARCHITECT ..thone:O:-+ze-:o:n
ZONE DISTRICT Special Develorrment District #6
PROPOSED USE Residential Comdominium
NA
Height
Total GRFA
Primary GRFA
Secondary GRFA
Setbacks: Front
Sides
Rear
Water Course
Site Coverage
Landscapi ng
Fence/Retai ni ng i.lal I
Parki ng
Credi ts: Garage
Al loled
(30)(33)
3927
3927
Propos ed
NA
NA
NA
NA
NA
NA
NA
s1?2 f
t,". ,, zs,lo4'+
CNPfl {
He i ghts
Mechani ca I
Ai rl ock
)f,orage
Solar Heat
Drive: Slope Permi tted
Envi ronmental /Hazards :
50
X-
=.L-
-n-
t
\
(3oo)(600)
(eoo) (1200)
(50)(1oo)
(2s)(so)
(2oo) (4oo)
-0-
Slope Actual NA
Ava I anche
Flood Plain NA
Slope
lJetl ands
Geologic Hazards NA
Zoni ng: Approved/Di saPProved
Date:
steTT_slgnature
a
LIST OF I'IATERIALS
N4HE of ?,lg.l-gl:..
LEGAL DESCRIPTI0N: LOT .o t
STREET ADDRESS:
DESCRIPTION OF P : jng
unit of 3.868_50 GRFA
The folIo|ing information is_required for submittal by the appiicant to the Design Revier.,Board before a final approval can be fiven:
A. BUILDING I'IATERIALS: TYPE OF MATERIAL COLOR
Roof
Si di ng
Other Wal I I'tateri al s
Fasci a
Soffi ts
lJi ndols
llindow Trim
Doors
Door Trim
Hand or Deck Rails
Fl ues
Fl ash i ngs
Chimneys
Trash Enclosures
Greenhous es
Qther
\
ood Shake Roof match existin
od Vertical Sidin match exi sti n
match existi
Stucco To match existinq
!!td wood & metal To match existjnq
l^lood To match existinq
USqd To match existinq
l4etal pipe rail |rlhi te
lletal To match existing
Galvanized steel To match existing
Stucco To match existincl
NA
Aluminum frame Dark Bronze
Skyliqhts Velux Dark Bronze
9
I
o
I
T
T
B. LANDSCAPING: Name of Designer:
pnone;
PLANT MATERIALS:
PROPOSED TREES
Conmon Name Quani ty Si ze*
for conifers.
. (over)
Eotanical Name
EXISTING TREES TO
BE REI'IOVED
To match existin
Metal clad insulated To match ex'i stin
*Indicate caliper for deciducious trees.Indicate height
(,f ti''
t
FOR
VAIL VILLAGE PLAZA CONDOMTNIWS
RECITALS
1. F & L VAIL VILLAGE PARTNERSHfP, a Colorado generalpartnership caused to be recorded the condominiurn Declaration forvail village plaza condoniniums (the ,Declarationr') on November19, 1984, in Book 190 lt nage zOi in the r".i f.operty records inthe office of the clerk and Recorder of Eagle bounty, cororado.
_2., Paragraph 15 of the Dectaration provides, in part, thatthe Declaration rnay be amended frupon ttre wiitten approval inrecordable form of the owners of 1sz or more of thl-g"n.r.iconmon elements and Z5g of alL first lienors....11
3. The owners, as defined in tbe Declaration, of loOg ofthe general conmon elernents, as defined in the Declaration, andall first rienors, as defined in the Decraraiiorr, desire to amendthe Declaration as hereinafter set forth.
DECI,ARATTON OF A},IENDMENT
The undersigned olrners, who constitute the olrners of r.oog ofthe general cornrnon erernents, ana the undersigned first ri"""i=r--who constitute alr-.first_rienors, d.o hereby consent and. agree toand do hereby anend the Declaration as foLlows:
1- subparagraph 2 (a) of the Declaration is arnended in itsentirety to read as iollows:
condoninium units-designatEd 1 throu6n :r, inclusive,each consisting of a unit, an undivided interest in tfregeneral comnon.elernents appurtenant to such unit, "ti"tinterest is set forth in iinilir e, i"a-irre exctusiveor non-exclusive right to use and enjoy linited conmonelernents, as set toitn in nxhibit sli:-'
. 2- subparagraph 2(f) of the Declaration is anended in itsentirety to rLad as folLowi:
_ u(f) Condoninium units 25, 26, 27 and 28 shall beused and occupied solely for dwellirrg oi--ioagingpurposes, condominium units 1 througfr 2a, in6tuiive, zsand 31 shall be used and occupieO s6ieiy'for office orcornnercial purposes, and cond6ninior .,nit 30 sharl be -"-:used and occupied for dwelling, Iodging, office or
13yn9rcia1. purposes, all as p6rmitt.a 6y and subject tothe appropriate and applicable governneirtal zoniig and
oN'
(
t-
use ordinances. rules an. regulations from time to tinrein effect. An.owner shall hive the right to Lease hiscondorninium unit upon such terms and c6ndiiiorr. as theowner may deern advisable; provided, however, that (i)any such lease shall be in writing and shali provide.that the lease is subject to the ienns of thisDeclaration, (ii) a condorninium unit may be leased onlyfor the uses provided hereinabove, ana liliy anyfailure of a ressee to conply wittr trre terlns of thisDecLaration, Articles of tneorporation, Bylaws or therules of the Association shall be a deiauit under thelease enforceable by the Association,rl
3. Paqe 1 of 2 of Exhibit B of the Declaration is amended
1n ifs entir6ty to read as set-iorth on schedule r attachedhereto and made a part hereof.
As rnodified herein, the Declaration remains in tutt forceand effect.
IN WITNESS WHEREOF, the undersigned have duly executed thisFirst Amendment to condoniniurn Decraiation effeciive th" fir;[--day of April, 1989.
OWNERS:
F & L VAIL VILI,AGE PARTNERSHTP, AColorado general partnership
TitIe:
By:
Pres ldent
SILVERADO CAPITAI RPOMTION, A
Co lorado
By:Title:
BSC OF VAIL,._
Colorado linited pa
eral
RED SANDS CORPO
--President,ahip
SILVERADO INVEgIITENT COMPAM, a
Co 1o rado rati.onTirl
- De lavare co
Pre s lden t
ro, Jr.
Luc H. Meyer
l,laryLynlE/ Hanlon
'By:
VAIL VTLLAGE rNN, INC., aColorado corporation
Jos
FIRST
CONTTNENTAL TLLTNOTS NATTONAL BANK
AND TRUST COMPANY OF CHICAGO
FIRSTBANK OF VATL
By:
FEDERAI. SAVINGas Kecelver toSTLVERADO B}
ASSOCIAT
By;
President
President
AND LoAr( #iF*'i.8"3&X3ilf,r, o"c, sAvrNGS AND LOAN
Tirle:
STATE OF
COUNTY OF DALLAS
)) ss:
)
- Th" foregoing instrument wa5 acknowledged before ne this /6nday of *"t , , . 1989, b_y Jrank Ca*'{paql" e.Jsp..,i"-guir"?ffi".of Silverado Inv.st*eni Coartner of F & L Vail ViUage partnersh.io.
Witness my hand and official seal_.
)) ss:
)
The- foregoing instrurnent was acknowday of _/lJuE_ , 1s8e, by/r,;u{u,General Fartner of BSC of Vait,-Eof&lEo,Iinited partnershrp.
Witness my hand and official_ seal .
ssion expires 9lS-?A
STATE OF
COUNTY OF
STATE OF
COUNTY OF
. The
day ot I
ore me this?/sfasa
orado
,/'? //'r'-r0
)) ss:
)
Witness my hand
oing instrument was acknowledged. before me this eE, l-989, by Frank Cicero, ,fr..
and official seal .
edqed bef
#;Notary Public
My conmission z Ze,kL7 /fYo
Notary Public
My couunission exlir "rz ?r/d'oet( ?, P?A
srATE oF C_surenoo
couNTY oF EAtrtE
The foregoing instrunent wasNrrcrr{r - , t-989, by Luc
s my hand and official
COUNTY OF bA(..,L€
before rne this ]hacknowledged
H. Meyer.
seal.
r{v cornmis=tfildfffilffi&*a m,ur 8, 1992
1 P.OhGAi ss: U*tr SSf
)
./ror t*-slora dO
s-sr*:' ".j' ERIC ii APPI.EGATE J9.,.. ...':o:
KcrittiuV
Notary Public
The foregoing instrument nas acknowredged before rne trris l&
f &{r(nt^\-r , 1989, by Etizabeth A. Meyer.
ess my hand and. official seal .
?s'i. W-*ei(.Notary PubLic u
Mv comrnisti"fiytffilfrftfibim ooanruer g, lgg2
?. O 8or 666
$t,co tt65!
The.foregoing instrument was acknowredged before rne this Zglhclay of , 1989, by Marylyn E. Hinlon.
Witness my hand and official seal .
My commission expires:
My Commision expires December g. lg92
P.0. Box 666
Vai[ C0 81658
i APPT.EGATE i
frh-. ,..S
ERIC
APPI.EGATE
Notary Pub'li
STATE OF
COUNTY OF
day of
of Chica-go.
Witness my hand
My Cotnmh*n qdnc hcember g, t9g2
P.0. Eor 666
Vait C0 91658
before me tbis ?/<f'/ , as l/tce -
Ent.' te
The foregoing instrurnent was acknowredged. before rne this z8+h, 1989, by Josef Staufer, as president oflag6 Inn, Inc., a colorado corporati6n.
rny hand and official seal .
SS:
,/1 tcouNTY oF 4
The foregoing instrurnent wasday of
)) ss:
)
and Trust Conpany
and official seal .
otary Public
My cornmission expires:e/z/rzq,
STATE OF
COUNTY OF
The
day of
President
)) ss:
)
foregoing instrument wqs acknowledged before ne this Z8+hNLv . , 1989,_ bw Eevru F. tllc6o,rrlr_o ,-.=_V]-t_e-of FirstBank of vui1.-
hand and official seal .
}ly conrnission expires:
Hy Cammision qOires December g, l99Z
?. O 8c 666
ECo il65S
6
Notary Public
My cornrnission expires:
acknowledged
NationaL Bank
ff$"'"s%\
tu;,:::lp
Notary Public
STATE OF TEL{S I
couNTy oF pALLAs ) ss:
The foregoing instrument was acknowredged before ne xuis /0day of M"y , 1989, Uy FraiL earnrpaila"i--
orate
Banklng, Savings and Loan Assoclationl
Witness my hand and official seal .
5t*le l"e+a S
Notary expires: f-/S 44
couNrY oF &4L, I "tt
----
The J.oregoing
srArE op H-ou.dn )
as
corporatiar.
Wituess
ed bef ore l!E1ns trument
, 1989, by
my. hand and offlclal seal.
7
N
M .l
was acknowled
of Rdb Sands
Pub lic;;;,i;;i;i "*nlres : y',/r,
.t r| qi't-'t
SCHEDULE I
EXHIBIT B
(Attaehed to and made a part of CondominiurnDeclaration for Vail Vifiage plaza
Condoniniums. )
Percentage ownership inGeneral Comnon Elenents
Appurtenant to theUnit
1
2
3
4
5
6
7
8
9
10-
11
T2
13
14
15-
16
L7
18
19
20
2L
22
23
24
25
26
27
28
29
30-
31
2.5?
0. 13
0. 18
o. 19
9 .69
6. 00
3.31
5. 19
1.53
o.29
0. 13
0.41
3.O2
1.4 0
8. O6
1. 53
3. s4
5.36
0. 91
2.68
2.).5
2.37
5.61
9,59
3.59
2.t9
2.08
2.99
2.51
9.44
1. 16
t Kr*t*
FYT
\ff
itr.^,^ ' fil
'{t1,"APR t,rtggO,lii
P
that there ls a plan for a pocentlal
1n the space pre6ently occupled by
Varl VllqcE IxN
\/illage Inn Plaza Condomuuums
Aprll 11, 1990
Mr. Frank Clcero
Klrkland & Ellls
200 E. Randolph SrreeE
Chlcago, I1, 60601
I hope that you understand
and qulet enjoyrnent of our
Slncerely youls,
VAIL VILLAGE INN
Josef Staufer
Presldenc & Managtng Dlrector
JS: fm
Copy to:
Dear I'rank:
I have heard Ehrough the grapevlne
sea food restaulant to be Located
Goods & Fl1a.
Thls may Just be I rumor, but ln case lt is not, I would like co goon record that the Vall Vtllage rnn would strongry obJecc ri tn" Ip.""ltere to be used for a hlgh trafflc, noise generitlng actlvlty.
Not only ls thac space wrthln fee! of lhe DaJorrry of our hoter roonsand new condonlnlums, l! has ocher lnherenc probllms chat would nake 1tunsulcable as restaurant space.
rn addltlon, rhe local liquor llcenslng authorlty has found (in 1976)that there rras no need to servrce the ielghborhood ulth a lrquor rtcenseln a -bulldlng that already contalns 2 restauran! rrquor r.lcenses and hasan addltl0nal two on the prernises of the valr vlIlaje rnn, as well astwo more across the s.ree. a! the Bavarla House and swiss charet.
rt would be our lnten! to oppoee the grantrng of a lrquor l{cense inthat locatlon.
our pos{tlon 1n trylng Eo protect the peacenocet guea t s.
Anbrosla - Alpenrose - Postiets -
Vall Liquor Licenslng Authorlty
100 East Meadow Drive Vail, Colorado 81657 (303) 476-5622
tL'
e0ilD0HiN llfl/Tqlr-NH0usE PLAT ft EV I[w
APPLICAITT dfn
AODRTSS
L,ft
&e*r (rte,o.
dr* {fra;'tee.C:.,Fa-acl puoric
)4g. ftAr,rl 0F AppL rcArT' s REpREsEn TA I rvE_-fu_jfm* #-?*,
FTAILING ADORESS &t, t/tiT-
f,:f5 F!:r--,I
fl.l{At'lE 0F
I'IAILING,/?
?
PHONE
c. NAfit 0F
0l{l{[R ',5
I4AILII{O
PROPtRiy 0!.,r{
5I6t{AT
ADDRISS
t or tlFe)s{/at . (nro (. F.
pggxg lo3-L1t-tt,,+
1///eQ Co ftiznz-
el evatlonseir spacas
the sahe
to assure that then€
owned areas.
Subdlvi:ion. Regul ailons.
plat sopromptly
BLoc K 5, s ulr r v i srll *fu-&furl rr{c_ltt__
FEE $1C0,00 PAID
I'IATSRIALS TO 8T SUBI,IITTTD
'l' Three (3) copres,..tyg or"!hJ!h-!'1gt.be oyrars of a slre nap folror+ins thanqurremenrs of Sectlon tz.16.t30lc) l,i',iiqieii,[,iji0,il, r3 and l4 ofthe Svbd{v'lrfon Regulrtfons , ----'-'
2' The cendomrnr* 1: townhouee plat shal? rrso incrud* floor Flans,and croes-$ec t i.n.s. r: n.cessa ry' io-iicura ter y detenir i ne r nd rf f,Jua lil'{f,i l;iil,:i'iiitr t pi i"o- ii' *'. iioj..i -*i
s
-6,i
i i i' !',ri f,, i i i iiy
l_tott.1f _the ccndorrinfun documents fon strff psyi**ar€ maintenance provfstons tnitul;i ;;; ;ii';offi;ii
E. APFROVAL PROCTSS, RTVIEI.J CRITIRIA
Thers can be found ln Chapter .|7.?Z of the
I{. FILII{G A$ID RECOROINC
The ton{ng adnrn{rtrrior shrlr ue-the-final slgnature required orr thethat the Deprrtment of Cotrrrunlti-Developnrent wil,l be responsible for_ "egg*Jg tle approved prar wtii ;h;-i;;fi"io,jiiy li*i-i onc Recorder.' :- -: -'=::-t': '-7.*s=*-:_._-
D, LocATl0f{
LoT,p_
OF FROPOSAL
E,
APPLICATION FOR
^7/fl
o
TO: Planning and Environmental Commission
FROlil:
DATE:
II.
Conrnunity Development Department
September 26, l-989
suB.TEcr: A request to amend speciar Developrnent District No. 6 inorder to amend the total gross resident,ial floor area that ispennitted to be constructed within the district.Applicant: BSC of Vait, Colorado, fncorporated
r. PURPOSE OF THE REQUEST
The applicant, BSC of Vail , Colorado, requests an amendment toSpecial Developnent District No. 6 in order to amend the totalgross residential floor area that is perrnitted to be constructedin the district. SDD No. 6 currently allows the total GRFA ofl-20,600 square feet to be constructed within the district, all ofwhich is either constructed or proposed to be constructed withinfuture phases of the developnent.
ffi,r
The applicant's request in this amendment is to al1ow anadditional 5,71-4 square feet of GRFA to be added to SDD No. 6.This amendment would allow the applicant to convert existingcommercial space, which is primarily second and third floor, toresidential use. The appticantrs reason for the reguest is theguestionable viability of second and third floor re€ai} space.The subject space referred to is unit #30 of the VaiI VillagePlaza Condominiums. Unit #30 is comprised of two units previously
numbered 30 and 32 and now cornbined into one unit. These unitswere previously designated within the condorninium declaration asoffice or commercial use and tbe space is currently occupied bythe Goods Retail Clothing Store. The owners of this space havereceli-ed the necessary approvals from the other or,\rners within thebuilding to amend the declaration in order to allow the use of thespace for dwelling and lodging purposes.
If this proposed amendrnent is approved, the total GRFA permittedwithin SDD No. 6 would be L26r314 square feet. fhis proposal doesnot change the existing requirement that a minimum of L48accommodation units and 67 t367 square feet of GRFA be devoted toaccommodation units in phase IV and phase V of SDD No. 6
The 5r4L7 square feet that is being requested includes theexisting square footage of condominiun unit #30, as well as analLowance for square footage that courd potentially be added. inthe condorninium unit #30 space, without -hanging the exterior ofthe.building. This space could be added Uy Uuifaing lofts andinfilling areas that are open to a two stoiy space.
COMPARTSON OF THE AMENDMENT TO THE UNDERLYING ZONE DISTRTCT
For Special Devel.opment District No. 6, the Pub1ic AccomrnodationDistrict is the underlying zone districL. Public Acconrnodatj-on zoningwould allow approximately L2O,OOO square feet of GRFA on this site.
III. SPECIAL DEVELOPMENT DTSTRICT DESTGN CRITERIA
rt shal.l be the burden of the applicant to dernonstrate thatsubnittal material and the proposed developrnent plan conply witheach of the following standards or to dernonstrate that one or moreof them are not applicable or that a practical sotution consistentwith the public interest has been achieved.
A. DESIGN COMPATIBILITY AND SENSITTVITY TO THE IMMEDIATE
ENVTRONMENT, NETGHBORHOOD AND ADJACENT PROPERTIES REI.,ATIVE TO
ARCHTTECTURAL DESIGN, SCALE, BULK, BUILDING HEIGHT, BUFFER
ZONES, IDENTITY, CHARACTER, VISUAL INTEGRITY AND
ORIENTATION.
There are very lirnited design issues related to thisproposal . By changing the use of the existing coods retailstore to residentiat, there is virtually no elimination offirst froor retail space. The staircase that accesses thisspace does contain a display window. The applicant hasproposed to maintain this display window and alLow it to beused by the adjacent retail space, now occupied by VailVillage Inn Sports. Although the entry may be chinged aspart of a future proposal to remodel the condominium space,it is assumed that any design issues can be reviewed anddealt with by the Design Review Board regarding changes tothe street level .
rf this conversion were to utilize some of the GRFA that isproposed but unbuilt in SDD No. 6, it is possible that therewould be a minor design inpact on those future phases.Exactly what that impact would. be and whether it wouLd bepositive or negative is impossible to deterrnj-ne through thisproposal .
B. USES, ACTIVITY AND DENSITY WHICH PROVTDE A COMPATIBLE,
EFFICIENT AND WORKABLE REI.,ATTONSHIP WITH SURROUNDING USES ANDACTIVITY.
SDD No. 6 provides a mix of uses which is efficient andworkable with the surrounding: area. SDD No. 6 containsretail stores, restaurants, condorninium units, as well asshort tern accommodation units. ft is a goal of theDepartment of comnunity Development and is stated in the LandUse PIan as well as the Vait Village Master plan, that oneway to strengthen and continue the existing vilrage core isto encourage both high guarity retail and i short-term bedbase. While I^Ie are sornewhat disappointed to see this retailspace elirninated, rue understand the difficulties insupporting second and third floor retair within this part ofthe Village. we do feel that the proposed dwer.ring uiritshoul-d be utilized primarily for tourLst-oriented -
accommodations and, thus, should be restricted according toSection t7.26.025 of the Town of Vail SubdivisionRegulations.
s
c.
D.
COMPLTANCE WITH PARKING AND IOADTNG REQUIREMENTS AS OUTLINEDIN SECTION 18.52.
Parking and loading standards for residential use areplgnificantly lower than for a retail store of this size.
I Parking for this retail space has been accomrnodated within
i the parking requirements for SDD No.6 and the staff sees no
\rroblem with the parking and loading requirements with therespect to this application., /1- h nzsvy Jr r\,q sr"".
A ln* l/t// rllltr pr*:
CONFORMITY WITH APPLICABI,E ELEMENTS OFAflHE VAIL COMPREHENSIVE
PI,AN, TOIiIN POLICIES AND URBAN DESIGN PI,ANS.
The following sections of the Town of Vail Land Use Planrelate to this proposal:
VilIaqe Core,/Lionshead
4.2 Increased density in the Core areas is acceptable solong as the existing character of each area is preserved
through irnplementation of the Urban Design Guide Plan
and the Vail Village Master plan.
E. IDENTIFICATION AND MITIGATION OF NATURAL AND/OR GEOLOGIC
HAZARDS THAT AFFECT THE PROPERTY UPON WHICH THE SPECIAL
DEVEIOPMENT DISTRICT IS PROPOSED.
No hazards are present or effect this property.
F. SITE PI.,AN, BUILDING DESIGN AND LOCATION, AND OPEN SPACE
PROVISIONS DESTGNED TO PRODUCE A FUNCTIONAL DEVELOPMENT
RESPONSTVE AND SENSITIVE TO NATURAL FEATURES, VEGETATION AND
OVERALL AESTHETIC QUALITY OF THE COMMUNITY.
The staff's opinion is that there is very little impact uponthis proposal. There is very little physical change thatwould occur in a conversion of this space from retail toresidential .
G. A CTRCUI,ATION SYSTEM DESIGNED FOR BOTH VEHICLES AND
PEDESTRTANS ADDRESSING ON AND OFF SITE TRAFFIC CIRCUI.,ATION.
The existing circulation system which accesses thisparticular condominium unit will remain essentially the same,although it is possible that a remodel may occur and willgive this area a more residential feel . We believe any
issues that rnay be raised by this future remodel may be
addressed by the Design Review Board.
te1bientl
H. FUNCTIONAL AND AESTHETIC I.,,ANDSCAPING AND OPEN SPACE IN ORDER
TO OPTIMTZE AND IMPROVE NATURAL FEATURES, RECREATTON, VIEWS
AND FUNCTIONS.
There is no landscaping or open space proposed for thisdevelopment, nor does the staff feel that is appropriate torequest any.
I. PHASTNG PI,AN OR SUBDIVISION PI,AN THAT WILL MATNTAIN A
WORKABLE, FUNCTIONAL AND EFFICTENT REI,ATIONSHIP THROUGHOUT
THE DEVELOPMENT OF THE SPECIAL DEVELOPMENT DTSTRICT.
We do not feel that this criteria is applicable to thisapplication.
IV. ENVIRON},IENTAL TMPACT REPORT
The staff has waived the requirement for an environmental impactreport on this proposal .
V. STAFF RECOMMENDATTON
The staff recommendation for this request is for approval with thefollowing two conditions:
That Special Development District No. 6 be amended by addinga total of 3,927 square feet to the existing allowance ofl-20,600 square feet. The 3,927 sEeare foot figure is therexisting sguare footage of condourinium unit #30. The staff
I feels that the existing square footage is sufficient for a
I successful conversion from retail to residential and that th
!request for an additionaL L,787 square feet which rnay be
I added to unit #30 in the future, is extraneous and above andpeyond what is reguired for this conversion.
That this unit be use restricted, according to SectionL7.26.075 of the Town of Vail Subdivision Regulations.
l4ewz>
3 ?*tzt*,4,' .'rt'',lt €-.5 5/-at-t H t D€^/f/r-,,,1t7) / z"ct-tz-.,ve
1 / Tl{ t/ttpe-Ei7zan? //,t .-r*?, if-Lo,trt+6 / €3tfv,,4vrtO
/+F /,4r,,r ;*a ,,tr/t-? 6re.4re'A f,fu1L-elal$ /t'Z*tt7"
/s /'tye-r . i7r<}tz,ztoJ7"4nrJ a-p- /k€{ /,/"+4 b"41,c5
'a-ilR-z-, r,t:".: l'a-:, r// Z-€e .
1.
2.
O/rnr€ /ry .fi,i-t tM,q^)c6'
PUBLIC NOTICE
NOTICE IS HEREBY GMN tbat the Planning and Environrnental Comrnission
of the Town of VaiI will hold a public hearing in accordance with
Section 18.66.060 of the municipal code of the Town of Vail on
September 25, 1989 at 3:OO PM in the Town of Vail Municipal
Building.
Consideration of:
l-. A request to amend the Subdivision Regulations to create a
single Farnily subdivision process.
Applicant: Town of Vail
A request to amend the Sign Code to allow for the addition of
the Arterial Business District into the Comrnercial core Iff sign
category.
plicant:
2.
equest
Commercial
Town of VaiI
to amend the Zoning Code to clarify the use of
ski Storage in CommercLal Core I and Conmercial Core
5.
II basement level .
Applicants Town of Vail
request to amend Special Development District No. 6 (wI) to
increase the gross residential floor area by 6oo0 square feet.
Applicant: Bsc of Colorado. Inc.
A request for a variance fron the maxirnum waII height in the
front setback on Lots 5 and 5, Block 7, Vail Village First
FiIing.
Applicant: Ron Byrne
5. A request for a Conditional Use permit to allow for a dinner
theater at Crossroads, Lot P, Block 5-D, Tract C, Vail Village
First Filing.
Applicant: club Majiks
A request for a side setback variance for a roof overhang at the
Wiltows Condouriniums, Lot 8, Block 6, Vail ViIIage First Filing.
Applicant: Willows Condorniniurn Association
7.
W;U,!. -+" oC'1
p"*f - trw,Leh qh
8. A request for a front setback variance and a conmon area
variance for a new entry and elevator at Riva Ridge South, on
r-c.t' 7, Block 6, Vail Village FLrst Filing.
Applicant: RLva Ridge South CondoniniunE
TOWN OF VATI,
COMMT'NITY DEVEI{'PI,IENT DEPARII.IENT
Published in the VaiI Trail on September 8, 1989.
M1
PETER JAMAR ASSOCIATES, tNC.
PLANNING. IJEVELOI'T/]ENT ANALYS S, RESEARCH
TO3
FROM:
DATE:
RE!
!,IEMORANDI'U
TOWN OF VAIL
PETER JAI.{AR
AUGUST 29, 1989
AUENDMENT TO SPECIAL DEVEI€PUENT DISTRICT #6,VAIL VILI,AGE INN
PURPOSE OF THE REOUEST:
The applicant, BSC of Vail , Colorado, requests an amendment toSpecial Development District #6 Ln order to arnend the total crossResidentiar Floor Area (GRFA) that is pemitted to be constructedwithin the District. The amendment would allow the applicant toconvert existing commercial space which is prirnarily on thesecond floor to residential use. The applicantrs reason for thereguest is the questionable viability of second and third floorretail space and the feeling that the space is more viabl_e as aresidential dwelling unit.
EXISTING CONDITIONS:
The subject space is referred to as Unit 30 of the Vail VillagePraza condoniniuns which is included within speciar DeveloprnentDistrict #e (sDD#6). Unit 30 is conprisLd of two unitspreviously nunbered 30 and 32 and now colnbined into one unit.The units were previously designated within the CondominiumDecLaration for VaiI Village plaza Condoniniums as office orcomnercial use and is currently occupied by the Goods retailclothing store. The owners of the space have received thenecessary approval frorn the other ohrners within the building to
arnend the Declaration in order to allow the use of the space fordwelling and lodging purposes (copy attached).
Suile 308, Varl National Bank Bullding
f08 South Fronlage Road West . Varl, Colorado 8165/ . (303) 416 7154
Menorandum
Bown of Vail
August 29, 1989
Page 2
THE PROPOSED AMENDMENT:
SDD#6 currently allows a totat GRFAconstructed within the District,of 120,60Of sguare feet to beall of which is either
requlre any
constructed or proposed to be constructed within future phases ofthe development. Tn order for the space within Unit #30 to beutilized as residential , the total amount of GRFA pernitted in
SDD#6 needs to be amended. The applicants propose, therefore, to
amend the total GRFA peralitted in the District to L26,3L4.
The proposal should not result in any adverse impacts to theSpecial DeveJ-opment District, the surrounding neigtrlorhood, orthe community since it is currently constructed spice. parking
requirernents for one dwelling unit will be nuch le-F than for theexisting space utilized as retail .
Pl-ease let me know if you have any questions oradditional information.
5r,'] F
l"1.r.-sl4..
(
i . \i-_t
or epCbafion
APPLICAIIT' S REPRESSNTATIVE Peter Jamar
108 S. Trontage Rd. West, Vail, C0 81657
Date August 25, 1989
APPLICATION FORM FOR SPECIAI DEVELOPMENT
DISTRICT DEI/EIOPMENB PLAI{
I. This proced,ure is required for any project that would go throughthe Special Development District Procedure.
The application wiLt not be accepted until all informati.on is submitted,
A. NAI,IE OB' AppLICAhIT BSC of Co1-orado, Inc./Frank Cieero
ADDRESS 200 East Randolph Drive, Chicago, IL 60601 pHONE 312-861-2000
B. NAME OF
ADDRESS pHONE 476-7154
/sc //il,L JbdaK@
D.
AUTHORIZATION OF PROPERTY
srcNAruRE 0, )*a Cr*/-JA -6,(.LA
ADDRESS 200 East Randol-ph Dr , Chicago, IL 6060f pHONE 312-861-2000
I,OCATION OF PROPOSAT
ADDRESS Vail Village Inn/Soo//6
LEGAL DESCRIPTION
E. FEE $100.00
F'. A List of the name of owners of
Subject property and their miling
aM'Ht6t*,,dbilf",".,tTr lrr, - :
all property adjacent to the
a.ddresses.
II. Four (4) copies of the following information:
A. Detailed written/graphic description of proposal ..B. An environmental impact report shALf'.be submitted to the zoningadministrator in accordance with Chapter 18.56 hereof unless waivedby Section 18.55.030, exempt projects;
C, An open space and recreational plan sufficient to meet the demands
generated by the development without undue burden on availableor proposed public facilities;
(0vER)
MEMORANDUM
April 18, 1984
P'l anning and Environmental Commission
e(
two phases so they can be
TO:
FROM:
SUBJECT:
Community Development Department
Pub'l ic.hearing and consideration of a request for minorsuDorvrs'lon 0f Lot 0, B'lock s-D of vail Vil'lage First Filing.Applicants: Va.i1 Village Inn, Inc. and JAMM [td.
THE REQUEST
Requested is a minor subdivision for Lot 0 of Block 5-D of vail village Firstfilins, The request is to take ttre'eiiittng phases i inJ'Ii which contain
9pproximately 13,3.l5- square feet of residential use and-iour units and22,601 .square fe6t of cdmmerciar use. phases i uno-ri'woria .oniiin-aiproxr-mateiv 28't$l square-feet of rand. The phases-ar"-piri-oi-it," vuii viriii.-in"Special Oevelopment District #6.
Ili.lurnor" of the request is to subd.ivide off these
RECOMMENDATION
The Community.Development Department recommends approval ofrequest. Conditions of apprbval are noied below:"
l. That a revocable. right of way permit be applied for,there are no prob'teris, approiel-6erore st!hins-oi-ih.Alpenrose outiide aeci i!'on Easi-ueaao* Drive.
the minor subdivision
reviewed, and ifplat. Part of the
Attorney
#6
of*
2,I!g!_!gI!ilLagreement be reviewed and roved b the Town
Di str II-wil'l be-provided
The agFeEnre-nT-u slate tnat required parking fo
Special Development District
within Ph
within
Vail.
users nesses
acceptable to the Town of {99' that olvners and tenants
ullJ:_.c.an use the parkin spaces
3' The cross easements for_us_e by owners and pedestrians must be providedto insure the entire soo funci'ion'us on" pi'ojeci.'-i[it should be reviewedand approved .by the-row. ntlo.r.v.
NOTE: Phases I and II have been constructed as to plans approved by lhe Townof Vail under-Special .Deveiopq"ni-riistii.i-,+8,-l"a"[f,er:e is noadditional gross residential'rioor area or commercia] space ronaining.
.t
,rt
DECLARATION CONCERNING PARKING WITI{IN
WHEREAST Declarant hasfor a rninor subdivision of a
reguest,ed approval of thepart, of Lot Or Block 5-D ofconstitutes the SD6 zone or{ir:t.Filing, which properryorstrj.ct,, to subdivide said
Town of VaiIVail VilJ.age
development
nPar ce
separate rom
t o r'W
SPECIAIJ DEVEIOPMENT DISTRICT 6
THrs DECLAaATToN is nade and entered into this 6th day of{91I' }9!a UV VAIL VILLAGE INN, INc., a Colorado Corporarionr andJAMM' trD., a Partnership (together hereinafter reteirea to as"Declarant n )
WHEREAS, ordinance No. 7e series of 1976 estabrished speciarDevelopnent District.G ('rsDdn) pursuant t,o the zoning ordinance of theTown of vailr colorado, for the-purpose of ensuring tbe unifled andcoordi.nated development and use 6t irrat "it" *il[in the Town of vairbeing a part of LoL o, Block 5-D of vair tilrigu--Fir"t Firingr whichis conrnonly known as the vait village rnn; ;;e"- '--^":" 'r'r!
WHEREAS' said ordinance treats the entire properry as a wholein regard to the parking reeuiiurlnt"-oi--io;;-;;;
WHEREAS' the above menrioned ordinance establishing sD6recognizes and anticipates that, the developrn.rri-oi sD6 yriLl be done inphasesi and
WHEREAS, the proposed development, pran as referred to in saidordinance has contenpra-tea thai "rr-puiiiig-i"q"iied for thedevelopmenr of sD6 ba conrai;;J "itti."-t["-pti3."-or vai]. vil]age rnndenominated as phase III, phase iv and phasi v;-inA
WHEREAS,thee Inn
st I and II ofthe vail viLla when considered sase rate r
ustness and res ent,ial un
users ofn said Phases f and ffln
NOW' THEREFORE, it is agreed as follows:
WHEREAS' phase rrr of the vair. _virlage rnn deveropment withinsD6 has been previousry iuuaiviJ.a and whicfr pr,i". provides partiarryfor the parking requiriments-wiitrin SDG; and
WHEREAST Declarant,. is present,Ly the owner of. aLL propertycomprising the existing prriiei-i, rr, rv and v of rhe vail viLLage rnn(SD5) development; and-
WHEREAS' the Declarant desires to crarify and give notice topresent and fut,ure owners of parcels or propeiii "i*,in-ioi-""il"iiingparking obligations and righti within said district.
ropert hat the existin Phases I ande Vail V l.l-aqe develo ent wou ega-Lrye rematncler of the propeiEy;-En
oes not
ail
l. Declarant as the presen! ovrner of that portion of the
',(
described property whicb'comprises Phases IV and V ("parcel
the VaiI Village Inn deveLoprnent plan for SD5, acknowledges
II") of
and agreesparking
be binding upon the
that any additional parking required to satisfy the overiJ_Irequi?Ern€ilF-fEilEFE rict under the deveLopnren
ent. plan. 9f Phases_ IV_ and Vr-Inn.
such additional
L...4boye wiII provide
operE within Phases
entia n
ases:.I ,ano.It. s ave:h rovon . tnose.con st,abI
OWne!:'.pr.' Owners of Phases V and ch use shall nots unreasonably
Iimitation, _ the Etgnt tp: pharge r: fee for the use of such
SDAC€: Of SPdC€S.
3,.....Ihe provisions af. this. Declaration shal_l be deemed realcovenantsr shal1::run with the. l-and, and shall benefit and burden rherespective parcels described herein.
ng
'4...-.,.Ihe provisions of this. Declaration shalLDeCIarAnti' its. _sUcge.ss.orsr .4sslgns. gnq transf erees..
::::-. .'. --.:..- i..:,-. :.IC" 3_'i cl,t.rr: ,..:: : --::: :: 5. -. The. prpvisioni br itril. b.liaiation' ihatl' not. be amended
rqitho.ut. the prior written- consen! of. tre*Toirn bt vailr a municipal-corporation, which consent shaLl_not'be unreaionably withheld. '
| -- . . -.- a -
VAIL VILLAGE INN' INC. ' a
Colorado Corporation
.i...,
! s:- - -.! -._ ..
By:
JAMM, LTD.' a partnership
r esident
eneral, Partner
I r'a (f
srATE-oF (aloradol
rN THE couNTy oF t adl.
4?y; n, re84 uy]ffir-uFr,,o,
STATE gp Col-orado) :.. . cr. :ir-'-1tlr.'.'. :..-.... ) =SS : .
COUNTY:OF Eaptle-.) .::- :_-
Josbf Staufer, its presidentl
COUNTY
, lt, A: (lualn A. /t:ttdNotary Rhonda L. pebtit
Address: Box i?4-ii75? Jacigebbitcsz Edwards, CO gl6jz
i;uty ,1.994Par tyr ar
OF Easl-e
by JAi;ii.i, LTD., a
n
.. Ktte*d-o-!!,. Pffi-Notary .Rhoncia L. rectii'---
Address: lox 374-;i257 Jac<rabbitCSZ Edl'rards, C0 gi 5je
(
SUBDIVISIONS
Chaprer t7.22
CONDOMIn-lUM AND TOWNHOUSE PLATS
Sections:
17.22.010 Condominium and lownhouse plats - General.
17.22,030 Condominium and ron.nhouse plals - Submitral
requirements.
Condominium or lovtnhouse - Plat procedure.
Dedications.
Zoning administrator decision - Appeal.
Filing and recording.
t 7.22.050
17.22.060
l7 -22.070
r7.22.090
17.22.0t0 Condominium and townhouse plats - General.
Condominium and lownhouse plats which do not constrtutc
conversions from rental as defined in Section 17.26.020C of rhe
Vail M unicipal Code mav be approved by rhe zoning ad minist ra-
tor, subject to deparrmenr of pu blic works review. The plat will be
reviewed under trvo general criteria:
A. Zoning administrator will check to make sure the buildinss
ard other improvemenrs were built as per appr()ved plan 6y
the design review board of rhe rown lor consislency with thi
zoning codc and orher applicable regularions:B Thc rorr.n t'ngineer u ill rerieu,rhesunel.daraforcompliance
wirh requiremenrs found in Secrion 17.j6. 1.10C.
(ord. 2( l9tl3 .\ I (parr).)
| 7.22.030 Condominium and townhouse plars - Submittal
requirements.
The plat shall includc a sire ntap following thc rcquirernents tlf
Section 17.16. llOC. l. 2. -1.4. 6. 7. 8. 9, 10. I l, Ii. and 14 alonr
with the signature of the <rs.ncr. The cond onrinium or townhousi
plat shall also include floor p llns, elevations and cross-\ccrions a:,
necessar)'lo accurut!.1.\ dctcrnrine individual air spaces and.or
other owncrships and if rhe project u.as huilr subsranrialll, thc
same as thc tpprovcd pluns. Also required to be subnrirred is a
copy of the condominium docurnents lor statT rcvicw ro assurc
that therc are maintenance pror.isions inctuded for allcomnronlr._
owned arcas. Also, building localions musr be inctuded and riid
(r'dl r3.6n) 294
(
et
@
*_,_; \
'(CONDOiUINIUM AND TOWNHOUSE PLATS
to propen]' corners u,irh.disrances and angles. Building dimcn_sions musr be shown ro the nearest tenth oT a foot. All lropertypins must be found or set and stated as such on map.'Thisubmitral shall be made to rhe deparrmcnt of cornmunlil,development on a form providcd b1- the zoning administrator andsnall lnctuoe a certlttcate tas found in the appendix of this
:1."^el:1 on rhe plar l'or zoning adminisrraror approval. (Ord.2(1983$ | (parr).)
17.22.050 Condominium or townhouse _ plaf procedure.
Upon re-ceiving two copies^of a complete submirtat along wirhpayment of rhe appropriare fee. rhe zoning administraror shalrroute one cop) of the site map lo the town engineer for his review.The zoning administrator shall then cond-ucr hii ,eui.* con_currently. The town engineer shall review the submirfal andreturn comments and notifications to the zoning administratorwho shall rransmil rhe approval- disapprovat oi approval with
lodifications of the ptaiwithin fourtien days ro tiri applicanr.
r ne zontng admlnrstrator shall sign the plat if approved orrequire modifications on.rhe plar foi approi.al or deny approval
due to inconsistencies with rhi originally approved plan oi iailureto make orher required mod ifications on ttre plat. 1Ord. 2( t9g3 g i(part).)
17.22.060 Dedications.
lf a condominium or tou nhouse plat proposes dedications tothe rown, rhe marrer shall be broughi in fioni ofthe council [or adecision o.n acceptance. lf accepted. there shall be a certificate
L:I."Ipl. i" .p.pj"|iilj:.r acceprance of rhe dedicareA prope rtyD]'lhe mayor. (Ord. 2(1983 g I (parr).)
17.22.070 Zoning administrator decision _ Appeal.The decision of rhe zoning adminislrator may Ue appealedfollowing the proced ures of Sei ion f t.OO.OiO
"iif,l, zoning code.(Ord. 2(1983 5\ | (part).)
{'
@
t
295 (vdr r3.8lt)
1
(
SUBDIVISIONS
t7.22.090 Filing and recording.
The zoning administrator shall be the linal signarure requirr.d
on the plat so lhat rhe departmenr of communiry development
will record the plat r.r.ith the Eagle County clerk and recorder. 'l'he
department of communitv development will retain one mvlar
copy'of the plat for their rccords and will record the rcmarnins
mylar copl .
Sectionsl
t?.2{.0t 0
r7.2.t.030
t7.24.050
17.24.080
l?.24.100
17.2{.1r 0
Chapter t7.2;t
DUPLEX SUBDIVISIONS
Duplex subdivisions - Required Approval.
Duplex subdivisions - Subnrittal requirements.
Duplex subdivisions - Procedure,
Criteria for review.
Appeal of zoning administrator's decision.
Filing and recording.
17.24.010 Duplex subdivisions - Required approval.
A resubdivision of an impror.ed duplex lot and srructure will
require tou n of Vail approval throuqh rhe zoning adnrinislrator.
No duplcr subdivision shall bc approred unlcss the lotr arc
improved with at least foundations for both units existinc ar the
tirne of subnrirral. (Ord. 2( lqS-1 \s I (pilrt).)
17.21.0-10 Duplex subdilisions - Subrnittal requiremcnts,
A. Two nlvlarcopics of rhc duplex subdir.ision shall bc subnrirrcd
lo the department of conlmunitv de vclopmcnt. The plat shall
includr. l sitL' rn p lollou ing the requircnrent of Sectitrrr
17.21.030. The plar musr conrain rhe follou rng sratenrcnr:
"For zoning purposes. the lu'o lots crcatcd bl this subdir is ion
are to be treate d as one enril! with no more than onc r\t o-
tamilv residence ulloued on ihc cornbined area of the two
lots." T he state mcnt nlust bc modifie d as to thc numbcr of
parcels proPoscd.
B. A copy ol the dcclararions and (rr covenitnts a ched to thc eL
@
(vdl 5.:t.13)296
Tql'
hry'r
Peter Patten
Town P lanner
Town of Vail
1309 Vail Valley Drive
Vai l, Colorado 81657
Dea r l,'lr . Pa t ten :
This letter is to advise you of our dissatisfaction with your
possible decision to change the zoning in the space now occupied
by G00DS from comme rc i a I ,/ r e ta i I to a condominium.
My feeling is, being out of town owners., the concern over marketing
and making the space work was left to managers, and I am sure you are
aware that does not have the same impact as an owner residing in Vail
Prior to G00DS moving in, Keith from Ralph Lauren/Polo occupied
the space successfully for several years, and Nancy from Tezla also
occupied her space successfully for several years.
Not to mention that TOTAL BEAUTY CENTRE has been in their retail
space since 1979, and being a retail and service outlet, the
location and entrance situation has been a lot more difficult to
overcome, and yet we have a very successful operation.
I hope you wil l take the above comments into consideration before
making a decision. Please feel free to call me to discuss this
matter. Thank you,
Brenda Le G range
Owner
OLtr lm
S i nce rel y,
Vail Village Inn Plaza, Vail. CO 81657 13031476-5937
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P I.,AZA CONDO]'TI N I UI'{SVAII. VILLAGI-
1. Definitions. As
otherwise expreFlllffifiied :
COIIDO],iT. I' I iJ}1 DECl,ARATIOI]
2964I I
-4oo'
,r",;,-&O&''
J0lllllirT":: illlLLlPs
EACLT C l !. i']FCfrl'r'; ;
']rv 13 4 ls Fll 'B{
I'XCITALS
!'&LVAILVILLAGEI'ARTNERSIiIP,aColoradogeneral
partnership (,'Declarant"), is the ordner of che real_property
interests bituare in tire County of Eagle, State of Colorado',
described in Exhibii A agtached tterec5 and made a part hereof'
Declarant desires to establish a condominium.projecE,
under the Condo*ini.t* gwnershi.p Act of Colorado ("the Act") and co
define the ehara.-ut, duratiorr, righEs, obligations and
iislitations of condominium ownershlp. Buildings and related
improvements have been constrtlcLed iln the real property interesE
J"l"iiUua in Exhibit A, which buildings and improvements snalr
"o""i"t of separu;;iy--e.;ig""t"a cond[minium units. A condominium
,"p-rirr-b"-iLi;e-;[6ri"; Eh" lo"*rion of said buildings and
improvements on the real"propeity interests, which is hereby made
sub5ect to this Declaration.
Declaranf does hereby establish a plan for the ownership
of real property-""t"t"" in fel sinple. consisting of the air spaee
contained in ealh of the units in the buildings and the
"o-o*.rsttip, by th. i"ai"iaual and separate owners thereof , as
tenants in tormrbn, of all of the rernaining real property
inEeresEs.
DECLARATION
Declarant does hereby subject the real proPerEy r a. -!-inEerests described in Exhibit A to this DeclaraEj.on and Publlsn
ind decLare that the following terms, covenants,-conditions'
easements, rescrictions, usesl reservaEions, limitations and
oUiieations shall be deemed to run with such land, shall be a
burdEn and a benefif to Declarant, iEs successors ancl .assagns anq
anv Derson acquiring or owning an inEerest in the real ProPerEy
ilL";;;;;';hi;h-i;--3'-u""o*ei"subject Eo this Declaration and
il;;;;;;"lt-u"iii it"t"ot, their granEees' successors' heirs'
pelsonal rePresenEatives, devisees or assigns '
used in this Declaration, unless
(a) "Unit" means an individual air.sPace Y"lt -contained htiEhin the perirneEer walls, floors,- ceilings' srindows
;e-e;;;; oi-a unic iir a building construcged on real proPerty
f.:ih
rl Lra -'
(d7 Any qontract of sale, dn, lease, deed oftrust, mortgage, will or other instrument affecting a condominium
uniE rnay deGcrlbe it by its uniE nuuber as shown on EIle MaP,
followed by the name of the condominium uniEs and reference to
this Declaration and to the IIap.
(d) Declarant shall give wriEten notice to Ehe
assessor of Eagle County, Colorado, in the manner provided in.-uhe
Act, so Ehat eich condoirinium unit will be separately assessed and
Eaxed.
(e) Notwithdtanding anything contained herein to
the contrary, Declarant reserves unto itself and the successor
orrners, to be held by Declarant or any other person or eltity at
any tirne owning a unit, the right, wiEhout the consent of any
other oldner or the Association, to combine, divide or partition
such uniE or.units to creaEe sPaces either larger or smaller than
such unit or'units as shown on-the Map for the purposes of using,
conveyancing or leasing; provided, however, (i) that the owner
doing-such combining, dividing or partitioning obtains, at his
sole-cost and.expenie, all required governtrental approvals
including, but not lirnited to, subdivision approval and issuance
of a building pernit and a final cerEificate of occupancy for all
work perform6d- in such combination, dividing or partitioning, (ii)
EhaE the integrity of all cogunon elemengs servicing any- other part
or the remaining iart of the building in which such combined,
divided or partitioned units are located are properly,- safely and
reasonably protected at the sole cost and expense of Ehe owner
doing such Lornbining, dividing or parcitioning, (iii) EhaE no
chan[es or modificaEions are made Lo the exLeriors 9! ?"y of the
buildings, (iv) Ehat the exercise of such right shal1 in no way
increase or decrease the Percentage ownership in the common
elements of, or the perceitage of-common expenses to be paid by'
any olimer not involved in such combining, dividing -orpaitirioning, and (v) that the owner doing such combining, -.-iividing or-partitioning sha]I,.aE his sole cosE and expense, file
in the iecords of Eagle-County, Colorado, a Supplemental
DeclaraEion and a Supplemental llap appropriately allocating
undivided percentage- interests in the general cornmon elemenEs to
and depicting such-combined, divided oi partitioned unit or units.
(f) The condominium units numbered 25,
sha1l be used and occupied solely for dwelling or
and the condomi.nium uniEs nurnbered I through 24,
through 32, inclusive, shall be used and occuPigdoffice or coulmercial purpose, all as permitted by
the aopropriate and apolicable qovernmental zoninthe appropriate and applicable governmental zoning
26, 27 and 28
Iodging purposes
inclusive, and 29
solely for
and subject. to-,
ordinances, rules.and regulaEions from time Eo time
owner shall .have the right to lease his condominium
and usein effeet. An
uniL upon such
terms and conditions as the or\mer may deern advisable; provided,
however, that (i) any such lease shall be in writing and shall
FTRST AMENDMENT TO CONDOMTNIUM DECI,ARATTON
FOR
VAIL VILI.AGE PI,AZA CONDOMINIIN{S
RNCITALS
L. F & IJ VAIL VfLLAGE PARTNERSHIP, a Colorado generalpartnership caused to be recorded the condominiurn Declaration forvail village Plaza condominiums (the tDeclarationr) on NovernberL9' L984t in Book 40o at Page 2o2 in the real property records inthe office of the clerk and Recorder of Eagle county, cororado.
2. Paragraph L5 of the Declaration provides. in part,the Declaration rnay be arnended ilupon the wiitten approvlf inrecordable forn of the owners of 25& or more of the qeneral
conmon elements and 758 of all first lienors....rl
3. The olrners, as defined'in the Declaration, of L00tthe general comnon elements, as defined in the Declaration,all first lienors, as defined in the Declaration, desire tothe Declaration as hereinafter set forth.
that
of
and
amend
DECI,ARATTON OF AMEND},{ENT
The undersigned otrners, who constitute the owners of j_OOt ofthe general cornnon elements, and the undersigned first lienors,who constitute all first lienors, do hereby ionsent and agree toand do hereby amend the Declaration as follows:
l-. Subparagraph 2(a) of the Declaration is amended in itsentirety to read as follows:
rr(a) The real property is hereby divided into 31condominiun units designated 1 through 31_, inclusive,each consisting of a unit, an undivided interest in thegeneral conmon elements appurtenant to such unit, whichinterest is set forth in nxfriUit B, and the exclusiveor non-exclusive right to use and enjoy limited cornmonelernents, as set forth in Exhibit 8."
2. Subparagraph 2(f) of the Declaration is amended in itsentirety to read as foLlows:
"(f) Condominium units 25, 26, 27 and 28 shall beused and occupied solely for dwelling or lodgingpurposes, condominium units 1 through 24, inclusive, 29and 31 shall be used and occupied solely for office or
commercial purposes, and condoninium unit 30 shall be --.
used and occupied for dwelling, Iodging, office orcornrnercial purposes, all as perrnitted by and subject tothe appropriate and applicable governmental zoning and
use ordinances, rures and regulations from time to tirnein effect. An owner shall have the right to lease hiscondoninj-um unit upon such terrns and conditions as theowner may deern advisable; provided, however, that (i)any such lease shall be in writing and shall provide'that the lease is subject to the terms of thisDeclaration, (ii) a condominiurn unit may be leased onlyfor the uses provided hereinabove, and (iii) anyfailure of a lessee to comply with the terms of thisDeclaration, Articles of Incorporation, By1aws or therules of the Association shall be a default under theIease enforceable by the Association.rl
3. Page 1 of 2 of Exhibit B of the Declaration is amended.in its entirety to read as set forth on Schedule I attachedhereto and made a part hereof.
As modified herein, the Declaration remains in full forceand effect.
IN WITNESS WHEREOF, the undersigned have duly executed thisFirst Arnendment to condominiurn Declaiation effective the firstday of April, l_989.
OWNERS:
F & L VAIL VILI,AGE PARTNERSHIP, A
Colorado genera)- partnership
By:SILVERADO CAPITAL RPOMTI0N, a
Co Iorado
By:TitIE:President
BSC OF VArL,.
Colorado linited pa
.PdD SANDS
- Delaware
aip
By:
,ftelfia,>a
2
Co 1o rado
Title:President
By:
President
VAIL VTLLAGE INN, rNC., a
Colorado corporation
CONTTNENTAL TLLTNOIS NATTONAL BANK
AND TRUST COMPANY OF CHTCAGO
By:
FIRSTBANK OF VAIL
Luc H. Meyer
h',-z^-L+rra
Elizabeth A. Meyer
, President
President
, VieE President
AND LOAI{ INSURA}ICE CORPORATION
, sAvrNGs AND rpAlr
The foregoing instrument was acknowredqed. before rne this /6*day of May , !989, by Frc.nL Cah^paqna Es Specttr.t enpresflFfivq
STATE OF
COI'NTY OF
day of
DALLAS
of Silverado Investrnent Companf, a Colorado "oiporatiorr.artner of F & L Vail Villase partnershio.
Witness my hand and official seal .
tl 't/ //./STATE OF ,/ {Zz.a.a<z-
/?
COUNTY OF //t-z>fr.
)) ss:
)
)) ss:
)
ore me t51se/sf
asa
oradolinited partnership.
Witness rny hand and official seal .
/ tt -
STATE oF #{*z.np
,.) ,4coUNTY oF L;vA_
The oing instrument was acknowled.ged before ne this dE
W-itness rny hand
, 1989, by Frank Cicero, Jr.
and official seal .
ublic
ssion expires z 9<S-?A.
The foregoing instrument was acknowday of t!lu'/ , asss, byl/d./_4tfur4,
edqed bef
Nbtary Public
My connission I Z€,r4.7/ /ftb
for
Notary Public
My conmission
STATE OF
COUNTY OF
C-or-oes,Oo
EA tr tE
l
)
ss:
The* foreg_oing instrument was acknowledged before rne this a[lI L989, by Luc H. Meyer.
and official seal .
My connissi ot fcftr'F*58=6bhtu& lesz- ?.ohrno o|tr
couNTY oF EAt"te
I
) ss:
)
ts\_
COUNTY oF E.,A,trtE
)
)
)
Co\or a do
ffisratu-fti tRrc ii APPTEOATE !
fu,
The foregoing instrurnent aras acknowl-ed.ged before ne tfris l-hf Alr(nrlS-T , l-989, by Elizabeth A. Meyer.
my hand and official seal .
?:t'i W.irNotary Public u
ss:
Mv comrnissiorytilftriffiilpm oenruer g, 1gg2
?.oh6f6
Y|t o u6$t
The. foregoing instrument was acknowledged before me this &hday of dur-v , l_989, by Marylyn E. Han1on.
Witness ny hand and official seal .
My commission expires:
My Commision expires December g, lg92p.0. Bor 666
Vaif, C0 g165g
SIL''s-U
i APPT.IGATE j^
fu"
Notary Pudfi
STATE OF
COUNTY OF EAt,ue SS:
The foregoing instrument was acknowledged before me this z8+hday of , 1989, by Josef Staufer, as presj.dent of
STATS- OF
COUNTY OF
SS:
My Comnildrn rq*t! Doccnber g, lg9?
P.0. Box 6ff
Vail, (} 81658
The foregoing instrument was acknowledqed before me
9"v g{ lfz;4-' r-e8e, bv 4,rvn c /Tbketn<a,tt , as
tt.is Zktltne -
CompanyPres-i.dehf of Continental fllinois Natidnal Bank and Trustof Chica-go.
Witness my hand and official seal .
My conmission expires:a/z/tzra
STATE oF CcsuoenOO
COUNTY OF E AI.TE
day of
President
foregoing instrument was acknowledged before\ruv , 1989, by Y-svru F. lltcOorar-o ,of FirstBank of VaiI.
)) ss:
)
hand and official seal .
rne this ZShas VtC€
e\@\
Notary PublicU
My cornmission expires:
lly Commision upirs December 8, 1992
?. O tu 666
HCo U65f
6
Notary Public
My conmission expires:
6$,$I.rslh
tuf:ls
STATE OF TEXAS
COUNTY OF ]]ALLAS
)
t
)
SS:
orat e
Banking, Savi.ngs and Loan Association.
Witness my hand and official seal .
r\_rtl>ta-te ot 1"P46 9
Cour.r\ o$ bal,tas
\ r t - .l(-.
^-q^f uoa'rt- 7d/uMnrtldqqth''/ r15 ,,^**.- mn./ 4. D. ns1 , bq ')
>, ?,'*,,[ ffJ;-ffi 'L ry-' h o''o*:' -b? n
qtu
^Jz- u-,i:T^-, ?: *fu' SWlf t H#^
!4furts'3'/r4A
srArn op fuad-o )
couNrY or &4<-, I ""'__---v-
Witness my hand
The Joregolng instrument was
, lggg, by
ofR S ands
and official seal.
7
acknorsled ed bef ore lne
exprres:
t:ni,s iebfr
Delaware
Public.r.fy rurJJ.rs / Icommission explres . 7///"/
SCHEDULE I
EXHIBIT B
(Attached to and made a part of CondoniniumDeclaration for Vail Village plaza
Condominiums. )
Interests in General Common Elements
Percentage ownership in
General Conmon Elenents
Appurtenant to the
Unitunit
l_
2
3
4
5
6
7
8
9
10-
l_L
I2
L3
14
L5-
16
L7
l_8
l_9
20
2t
22
23
24
25
26
27
28
2930-
3L
2 -57
0.13
0. L8
0. 1_9
9.69
5.00
3.31
5. l-9
1. 53
4.29
o. l_3
0.41
3.02
L. 40
8.06
1. 63
3.54
5. 36
o. 91
2.68
2.1,5
2.37
5. 51
9.59
3. 69
2.L9
2.OA
2.99
2.5L
9.44
1.t5