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HomeMy WebLinkAboutPEC16-0026 attorney letter.pdf ROSS DAVIS, JR. ATTORNEY AT LAW VAIL PROFESSIONAL BUILDING SUITE 223 953 SOUTH FRONTAGE ROAD WEST VAIL, COLORADO 81657 970-476-2414 FAX 970-479-0467 rossdavisjr@qwestoffice.net July 7, 2016 Town of Vail Planning and Environmental Commission Department of Community Development 75 S. Frontage Rd. W. Vail, CO 81657 Re: Change in Use—Treetops Plaza and Garage Condominium Association(Second Floor) PEC 16-0026 Dear Members of the Commission: This office represents the TreeTops Condominium Association,`owner of Unit Y in the Treetops Plaza and Garage Condominium. The Association has previously and continues to support the Conceptual Design and Floor Plan submitted by the Applicant, but desires to put the commission on notice that approval is considered only to be conceptual and subject to later final approval. The Association previous voiced our concerns regarding the structural changes based on the drawings provided and we were assured by the Applicant they were only Conceptual drawings. "Hi Ross: Thanks very much for the comprehensive response below. We intentionally drafted the association consent(and the owner's) so it covers only the proposed use, and not any physical changes to the exterior of the unit that are contemplated by the conceptual plans. The Buyer is aware that it will need to go through a separate TOV process for any physical changes, and would also need consent from the association to modify the Unit X boundaries and elements of the building that are not owned by the Unit X owner. I also mentioned to the Buyer that the condo map and declaration would need to be amended to reflect such changes arid percentage interests, if they were approved. The Buyer understands that and has indicated it will request separate approvals for physical changes if the change in use is approved. Regards, Jennifer Eiteljorg Brownstein Hyatt Farber Schreck, LLP 410 Seventeenth Street, Suite 2200 Denver, CO 80202 303.223.1162 tel 720.236.6079 cell JEiteljorg@BHFS.com" The Association expressed concerns about the following areas: Trash Parking and/or drop off situations Bike Racks Security to TreeTops Owners -no access to TCA property unless an emergency Plans don't show any mention of mechanical rooms, heating, electrical panels and fire panels Coffee shop - does it conform to the Condominium documents, where will they get water, drain lines? Are the sewer lines adequate for the demand? Do they need separate bathrooms for two separate entities Water lines- are they sufficient Can High Point transfer the CUP to new owners or will they have to reapply? Our architect, Bill Pierce, reviewed the original conceptual plans and had further concerns which we have also conveyed to the Applicant: "1. It appears the proposed plan incorporates portions of the building that are designated as GCE (hallway, small mechanical space, and loading dock). If the Association no longer needs these spaces it may be appropriate to transfer ownership of these spaces to Unit X. The areas transferred would be measured and recorded on a new Condominium Map. 2. It appears the proposed plan incorporates a portion of the building that is designated as GCE that currently contains fire alarm, telephone, and electric equipment. I think this space (designated as Bookstore Storage) should remain GCE in that it contains equipment that is not specific to Unit X. Access to this room is from the GCE stair south west of Unit X. It is important that access remains to this room from the stairway without entering Unit X. 3. Unit X should submit a plan acceptable to the Association for the handling of trash. The plan may incorporate the loading dock if the Association were to transfer ownership of this area to Unit X. 4. Unit X is proposing installation of large skylights on the north portion of the roof. I understand that the Association currently funds 25%of the cost of the roof maintenance above Unit X. I suggest that the Association not take any liability for the installation and maintenance of these skylights. In fact I suggest the Association consider transferring the maintenance of the entire roof above Unit X exclusively to Unit X. 5. If the Association were to transfer responsibility for the roof above Unit X to Unit X it seems reasonable to transfer responsibility for maintenance of the deck north of Unit X to Unit X as well creating an autonomous entity for the commercial space. 6. There will probably be a need for Unit X to access the ceiling of the parking garage (unit Y)to implement the plan presented." In your consideration of the Applicant's request it is the desire of the TreeTops Condominium Association the our approval of the proposed plans is only conceptual, and subject to further review and approval of the final working plans and specifications. If you have any questions feel free to contact this office. Sincerely yours, 1°17 nom` i Ross Davis, Jr RD/dd ec: TreeTops Association Jennifer Eitelj org