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HomeMy WebLinkAboutPEC18-0036_approved documents_1548869910.pdfACTION FORM Planning & Environmental Commission (PEC) Department of Community Development 75 South Frontage Road West Vail, CO 81657 Tel: 970-479-2139 www.vailgov.com Project Name: Lion's View Development 2018 Application Number: PEC18-0036 Application Type: Variance Date Applied: 09/11/2018 Project Description: Setback variance for New Condo Building Construction CONTACTS Contact Type: Applicant Full Name: OZ Architecture (Sevinay Kovats) Address: 3003 Larimer Street Denver, CO 80205 Phone: 3038615704 Contact Type: Property Owner Full Name: LAZIER LIONSHEAD LLC Address: Phone: None Project Address: 500 E LIONSHEAD CIR (210106308002) (210106308002) Job Site Location: Legal Description: Subdivision: VAIL LIONSHEAD FILING 1 Lot: 3 Block: 1 Parcel Number: 210106308002 BOARDS/STAFF ACTION Motion By: Kurz Action: Approved Second By: Gillette Vote: 5-0-0 Date: 01/28/2019 Conditions: - Approval of this variance is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. - Approval of this project shall lapse and become void two (2) years following the date of final DRB approval, unless a building permit is issued and construction is commenced and is diligently pursued toward completion. Planner: Jonathan Spence P.O. BOX 3032 EAGLE, CO 81631 Ph: 970.331.4733 Email: sean@KerriganEngineering.com Page 1 PROJECT MEMO November 8, 2018 Re: Preliminary Site Drainage Assessment Lions View Development 534 East Lionshead Circle Vail, CO Background Information This site was originally developed as two-story parking structure in the 1970’s on two adjacent lots (Parcel L and Parcel C). The top level of the parking structure did not have a roof covering. Storm water and snow melt drained from the top level toward the north and was collected in a storm sewer collection system. This storm sewer system also collects drainage from the lower level of the parking structure and some minor yard drains from the northern neighbor and drains this storm water to a south-central located vault. This vault discharges stormwater off-site to the municipal, Lionshead, storm sewer that ultimately discharges storm water to Gore Creek. In the summer of 2018 the upper level of the parking structure was demolished. The lower level parking is now a surface level parking lot that has retained the existing storm sewer system. The two lots are owned by separate owners and are both being proposed for redevelopment as multi-family developments with sub-surface parking structures. The existing storm sewer system will be completely demolished and replaced with a new storm sewer system that will consist of various roof drains, curb and gutters, at-grade storm inlets and a sub-surface storm sewer pipe that will route storm water to the original off-site discharge point. Nuisance water that will occur in the below grade parking structures will be collected in a vault, separated from sand and oils and pumped to an elevation that will allow gravity discharge from the site. The existing storm water vault that is located at the off-site discharge point will be exposed during construction for inspection. The size, discharge elevation and depth of vault are currently unknowns. At the point of inspection it will be determined to retain, abandon or replace this vault. Estimated Storm Water Flow The proposed development on both lots will not significantly change the volume of storm water run-off. It is expected to be slightly less because vegetated planters are planned that will decrease the impervious surface area from the current condition. The total storm drainage area including a portion of the neighbor’s yard to the north is estimated at 1 acre. Using the rational method and a rainfall intensity of 1 inch per hour, the estimated total site run-off flow is less than 1 cubic feet per second. Storm sewer pipe sizes will vary from 4” to 10” diameter. Refer to the proposed utility plan for the storm sewer distribution layout. The pipe used near the offsite discharge point that collects the sum of tributary flows will be 10” diameter. This pipe has the capacity to gravity flow over 2 cfs. It is estimated that the municipal storm sewers in the Lionshead pedestrian mall are a minimum of 12” diameter. Kerrigan Engineering, Inc. Page 2 of 2 Job 18025—Lions View Development – Preliminary Drainage Assessment Water Quality Control Storm water quality during construction will be assured by use of best management practices that will control sediment, debris, and oil contaminated water from leaving the construction site. A storm water management plan will be provided in the building permit application and managed by the Contractor during the project until soils surfaces are stabilized. Permanent storm water quality will be provided with the use of a water quality vault that will separate sediment and oils from the storm water prior to discharging off-site. A sand and oil separator vault will be located in the bottom level of the parking structure. A sand and oil separator vault will also be located on the south side of the auto-court just prior to discharge of storm water off-site. A building maintenance plan will be developed to monitor and clean the water quality vaults on a routine basis. A detailed storm sewer construction plan with pipe profiles, area and curb inlet, pump and water quality vaults, and manhole details will be provided with the building permit submittal. For inquiries regarding this assessment please contact: W. Sean Kerrigan, P.E. Kerrigan Engineering, Inc. Email: Sean@KerriganEngineering.com Ph. 970.331.4733 11.08.18 PREVENT FRAUD - Please remember to call a member of our closing team when initiating a wire transfer or providing wiring instructions. Land Title Guarantee Company Customer Distribution Our Order Number: ABC50050107 Date: 03-09-2018 Property Address: 500 & 534 E LIONSHEAD CIR, VAIL, CO 81657 For Title Assistance SCOTT BENNETTS 5975 GREENWOOD PLAZA BLVD GREENWOOD VILLAGE, CO 80111 303-850-4175 (phone) 303-393-4842 (fax) sbennetts@ltgc.com PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS Seller/Owner LAUNCH DEVELOPMENT Attention: RYAN OSBORN 9744 N CONANT AVE KANSAS CITY, MO 64153 816-436-3111 (work) 816-436-3126 (work fax) rosborn@launchliving.com Delivered via: Electronic Mail BRAUN ASSOCIATES INC Attention: TOM BRAUN 225 MAIN STREET, SUITE G-2 EDWARDS, CO 81632 970-926-7575 (work) tom@braunassociates.com Delivered via: Electronic Mail LAND TITLE GUARANTEE COMPANY Attention: SARAH DORMAN 610 WEST LIONSHEAD CIRCLE #300 VAIL, CO 81657 970-476-2251 (work) 970-476-4534 (work fax) sdorman@ltgc.com Delivered via: Electronic Mail Seller/Owner LAZIER LIONSHEAD LLC Attention: BOB LAZIER PO BOX 1325 VAIL, CO 81658 970-390-1919 (work) bob@tivolilodge.com Delivered via: Electronic Mail PEAK LAND CONSULTANTS Attention: BRENT BIGGS 1000 LIONS RIDGE LOOP SUITE 1D VAIL, CO 81657 970-476-8644 (work) 970-476-8616 (work fax) brent@peakland.net Delivered via: Electronic Mail Land Title Guarantee Company Estimate of Title Fees Order Number: ABC50050107 Date: 03-09-2018 Property Address: 500 & 534 E LIONSHEAD CIR, VAIL, CO 81657 Buyer/Borrower: A BUYER TO BE DETERMINED Seller: BATTLE MOUNTAIN, LLC, A MISSOURI LIMITED LIABILITY COMPANY, AS TO PARCEL C, AND AN UNDIVIDED 1/2 INTEREST IN PARCEL F; ROBERT T. LAZIER AND DIANE J. LAZIER AND KATHLEEN S. ALEXANDER, AS THEIR INTERESTS MAY APPEAR OF RECORD, AS TO AN UNDIVIDED 1/2 INTEREST IN PARCEL F; LAZIER LIONSHEAD, LLC, A WYOMING CLOSE LIMITED LIABILITY COMPANY, SUBJECT TO RECEIVERSHIP PROCEEDINGS PENDING IN EAGLE COUNTY DISTRICT COURT, CASE NO. 2010-CV-709, WHEREIN DAVID S. COHEN WAS APPOINTED RECEIVER, AS TO PARCEL L Visit Land Title's website at www.ltgc.com for directions to any of our offices. Estimate of Title Insurance Fees ALTA Owners Policy 06-17-06 (Reissue Rate) TBD Commitment To Be Determined $216.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Total To Be Determined THANK YOU FOR YOUR ORDER! ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: ABC50050107 Customer Ref-Loan No.: Property Address: 500 & 534 E LIONSHEAD CIR, VAIL, CO 81657 1. Effective Date: 03-05-2018 At 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "ALTA" Owner's Policy 06-17-06 To Be Determined Proposed Insured: A BUYER TO BE DETERMINED 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: BATTLE MOUNTAIN, LLC, A MISSOURI LIMITED LIABILITY COMPANY, AS TO PARCEL C, AND AN UNDIVIDED 1/2 INTEREST IN PARCEL F; ROBERT T. LAZIER AND DIANE J. LAZIER AND KATHLEEN S. ALEXANDER, AS THEIR INTERESTS MAY APPEAR OF RECORD, AS TO AN UNDIVIDED 1/2 INTEREST IN PARCEL F; LAZIER LIONSHEAD, LLC, A WYOMING CLOSE LIMITED LIABILITY COMPANY, SUBJECT TO RECEIVERSHIP PROCEEDINGS PENDING IN EAGLE COUNTY DISTRICT COURT, CASE NO. 2010- CV-709, WHEREIN DAVID S. COHEN WAS APPOINTED RECEIVER, AS TO PARCEL L 5. The Land referred to in this Commitment is described as follows: PARCEL C, NO.4: A PARCEL OF LAND LYING IN BLOCK 1, LOTS 2 AND 3, AND IN PART OF TRACT E, VAIL/LIONSHEAD, FIRST FILING, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 3, THENCE NORTH 85 DEGREES 24 MINUTES 02 SECONDS EAST 109.00 FEET THENCE SOUTH 4 DEGREES 35 MINUTES 58 SECONDS EAST 106.00 FEET; THENCE NORTH 85 DEGREES 24 MINUTES 02 SECONDS EAST 154.77 FEET; NORTH 4 DEGREES 35 MINUTES 58 SECONDS WEST 56.00 FEET; THENCE NORTH 85 DEGREES 24 MINUTES 02 SECONDS EAST 8.23 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 85 DEGREES 24 MINUTES 02 SECONDS EAST 118.23 FEET TO A POINT ON THE EAST LINE OF SAID LOT 1; THENCE ALONG SAID EAST LINE NORTH 10 DEGREES 34 MINUTES 18 SECONDS WEST 30.76 FEET TO A POINT OF CURVE; THENCE 59.63 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS IS 217.01 FEET AND WHOSE CENTRAL ANGLE IS 15 DEGREES 44 MINUTES 37 SECONDS; THENCE SOUTH 85 DEGREES 24 MINUTES 02 SECONDS WEST 117.00 FEET; THENCE SOUTH 4 DEGREES 35 MINUTES 58 SECONDS EAST 90.00 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL F, NO. 3: A PARCEL OF LAND LYING IN BLOCK 1, LOT 3, VAIL/LIONSHEAD, FIRST FILING, DESCRIBED AS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 3, THENCE NORTH 85 DEGREES 24 MINUTES 02 SECONDS EAST 109.00 FEET; THENCE SOUTH 4 DEGREES 35 MINUTES 58 SECONDS ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: ABC50050107 Customer Ref-Loan No.: EAST 106.00 FEET; THENCE NORTH 85 DEGREES 24 MINUTES 02 SECONDS EAST 154.77 FEET; THENCE NORTH 4 DEGREES 35 MINUTES 58 SECONDS WEST 30.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 85 DEGREES 24 MINUTES 02 SECONDS EAST 129.18 FEET TO A POINT ON THE EAST LINE OF SAID LOT 1; THENCE ALONG SAID EAST LINE NORTH 10 DEGREES 34 MINUTES 18 SECONDS WEST 26.14 FEET; THENCE SOUTH 85 DEGREES 24 MINUTES 02 SECONDS WEST 126.46 FEET; THENCE SOUTH 4 DEGREES 35 MINUTES 58 SECONDS EAST 26.00 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL L: THOSE PARTS OF LOTS 1, 2 AND 3, BLOCK 1, VAIL/LIONSHEAD, FIRST FILING ACCORDING TO THE PLAT THEREOF RECORDED IN THE OFFICE OF THE EAGLE COUNTY, COLORADO, CLERK AND RECORDER, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 1; THENCE, ALONG THE WESTERLY LINE OF SAID LOT 1, NORTH 4 DEGREES 35 MINUTES 58 SECONDS WEST 40.00 FEET; THENCE, DEPARTING SAID WESTERLY LINE, NORTH 85 DEGREES 24 MINUTES 02 SECONDS EAST 188 FEET; THENCE SOUTH 04 DEGREES 35 MINUTES 58 SECONDS EAST 90.00 FEET; THENCE SOUTH 85 DEGREES 24 MINUTES 02 SECONDS WEST 8.23 FEET; THENCE SOUTH 04 DEGREES 35 MINUTES 58 SECONDS EAST 56 FEET; THENCE SOUTH 85 DEGREES 24 MINUTES 02 SECONDS WEST 179.77 FEET; THENCE NORTH 4 DEGREES 35 MINUTES 58 SECONDS WEST 106 FEET, TO THE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO. NOTE: THE FINAL POLICY DOES NOT IN ANY WAY GUARANTEE OR INSURE THE DIMENSIONS OF THE ABOVE DESCRIBED LAND, THE LEGAL DESCRIPTION IS DERIVED FROM THE CHAIN OF TITLE AND ONLY AN ACCURATE SURVEY CAN DETERMINE THE DIMENSIONS.. Copyright 2006-2018 American Land Title Association. All Rights Reserved The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: ABC50050107 The following are the requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 1. PARTIAL RELEASE OF DEED OF TRUST DATED JUNE 28, 2007, FROM LAZIER LIONSHEAD, LLC, A WYOMING CLOSE LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF MIDFIRST BANK TO SECURE THE SUM OF $12,000,000.00 RECORDED JULY 03, 2007, UNDER RECEPTION NO. 200717700. SAID DEED OF TRUST WAS FURTHER SECURED BY ASSIGNMENT OF LEASES AND RENTS AND OTHER INCOME RECORDED JULY 30, 2007, UNDER RECEPTION NO. 200720012. MODIFICATION AND AFFIRMATION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED OCTOBER 05, 2009 UNDER RECEPTION NO. 200921771. AMENDMENT TO DEED OF TRUST RECORDED SEPTEMBER 28, 2012 UNDER RECEPTION NO. 201219760. (AFFECTS PARCEL L) 2. RELEASE OF FINANCING STATEMENT WITH MIDFIRST BANK, THE SECURED PARTY, RECORDED OCTOBER 11, 2012, UNDER RECEPTION NO. 201220643. FINANCING STATEMENT CONTINUATION RECORDED APRIL 19, 2017 UNDER RECEPTION NO. 201706819. (AFFECTS PARCEL L) 3. PARTIAL RELEASE OF DEED OF TRUST DATED DECEMBER 27, 2012, FROM LAZIER LIONSHEAD, LLC, A WYOMING CLOSE LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF MIDFIRST BANK TO SECURE THE SUM OF $28,304,553.95 RECORDED DECEMBER 31, 2012, UNDER RECEPTION NO. 201226664 AND RE-RECORDED JANUARY 8, 2013 UNDER RECEPTION NO. 201300465. SAID DEED OF TRUST WAS FURTHER SECURED BY ASSIGNMENT OF LEASES AND RENTS AND OTHER INCOME RECORDED DECEMBER 31, 2012, UNDER RECEPTION NO. 201226665 AND RE- RECORDED JANUARY 8, 2013 UNDER RECEPTION NO. 201300466. (AFFECTS PARCEL L) 4. CERTIFICATE OF SATISFACTION ISSUED BY THE CLERK OF DISTRICT COURT OF JUDGMENT IN ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: ABC50050107 The following are the requirements must be met: FAVOR OF STATE OF COLORADO, DEPARTMENT OF REVENUE AGAINST ROBERT T. LAZIER AND DIANE J. LAZIER IN THE AMOUNT OF $8,053.00 PLUS COURT COSTS ENTERED ON APRIL 09, 2015, TRANSCRIPT OF WHICH WAS RECORDED MARCH 09, 2016, UNDER RECEPTION NO. 201615960, CIVIL ACTION NO. D192015CV800311, DISTRICT COURT IN AND FOR THE COUNTY OF EAGLE. 5. CERTIFICATE OF SATISFACTION ISSUED BY THE CLERK OF DISTRICT COURT OF JUDGMENT IN FAVOR OF STATE OF COLORADO, DEPARTMENT OF REVENUE AGAINST ROBERT L. LAZIER AND DIANE J. LAZIER IN THE AMOUNT OF $31,273.00 PLUS COURT COSTS ENTERED ON JANUARY 20, 2016, TRANSCRIPT OF WHICH WAS RECORDED SEPTEMBER 29, 2016, UNDER RECEPTION NO. 201615961, CIVIL ACTION NO. D192016CV800090, DISTRICT COURT IN AND FOR THE COUNTY OF EAGLE. 6. A FULL COPY OF THE FULLY EXECUTED OPERATING AGREEMENT AND ANY AND ALL AMENDMENTS THERETO FOR LAZIER LIONSHEAD, LLC, A WYOMING CLOSE LIMITED LIABILITY COMPANY MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY. SAID AGREEMENT MUST DISCLOSE WHO MAY CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR SAID ENTITY. NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION. 7. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF LAZIER LIONSHEAD, LLC AS A WYOMING CLOSE LIMITED LIABILITY COMPANY. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172, CRS. NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. 8. ORDER OF THE DISTRICT COURT, IN AND FOR THE COUNTY OF EAGLE, STATE OF COLORADO, IN CASE NO. 2010-CV-709 AUTHORIZING THE SALE OF THE SUBJECT PROPERTY AND EXECUTION OF THE DOCUMENTS BY DAVID S. COHEN AS RECEIVER FOR LAZIER LIONSHEAD, LLC, A WYOMING CLOSE LIMITED LIABILITY COMPANY. 9. WARRANTY DEED FROM DAVID S. COHEN AS RECEIVER OF LAZIER LIONSHEAD, LLC, A WYOMING CLOSE LIMITED LIABILITY COMPANY TO A BUYER TO BE DETERMINED CONVEYING SUBJECT PROPERTY. (AFFECTS PARCEL L) 10. WARRANTY DEED FROM BATTLE MOUNTAIN, LLC, A MISSOURI LIMITED LIABILITY COMPANY TO A BUYER TO BE DETERMINED CONVEYING SUBJECT PROPERTY. NOTE: THE STATEMENT OF AUTHORITY RECORDED FEBRUARY 16, 2017 UNDER RECEPTION NO. 201702744 DISCLOSES WAVING WHEAT, LLC A MISSOURI LIMITED LIABILITY COMPANY AS MEMBER THAT MUST EXECUTE LEGAL INSTRUMENTS ON BEHALF OF BATTLE MOUNTAIN, LLC, A MISSOURI LIMITED LIABILITY COMPANY. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: ABC50050107 The following are the requirements must be met: NOTE: THE OPERATING AGREEMENT OF BATTLE MOUNTAIN, LLC, A MISSOURI LIMITED LIABILITY COMPANY DISCLOSES WAVING WHEAT, LLC, A MISSOURI LIMITED LIABILITY COMPANY; MONSON INVESTMENTS LLC, A COLORADO LIMITED LIABILITY COMPANY; AND MEADOW MOUNTAIN DEVELOPMENT, LLC, A COLORADO LIMITED LIABILITY COMPANY AS MEMBERS THAT MUST EXECUTE LEGAL INSTRUMENTS. (AFFECTS PARCEL C AND AN UNDIVIDED 1/2 INTEREST IN PARCEL F) 11. WARRANTY DEED FROM ROBERT T. LAZIER AND DIANE J. LAZIER AND KATHLEEN S. ALEXANDER TO A BUYER TO BE DETERMINED CONVEYING SUBJECT PROPERTY. (AFFECTS AN UNDIVIDED 1/2 INTEREST IN PARCEL F) NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABC50050107 This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8. EXISTING LEASES AND TENANCIES, IF ANY. 9. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENTS RECORDED MAY 24, 1904 IN BOOK 48 AT PAGE 503 10. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 04, 1923, IN BOOK 93 AT PAGE 98. 11. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 04, 1923, IN BOOK 93 AT PAGE 98. 12. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABC50050107 FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED MAY 18, 1970, IN BOOK 217 AT PAGE 675 AND AS AMENDED IN INSTRUMENT RECORDED JULY 30, 1970, IN BOOK 218 AT PAGE 334, AND AS AMENDED IN INSTRUMENT RECORDED OCTOBER 15, 1970 IN BOOK 218 AT PAGE 899. 13. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF VAIL/LIONSHEAD FIRST FILING RECORDED MAY 10, 1970 UNDER RECEPTION NO. 113260. 14. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED JUNE 08, 1973 IN BOOK 229 AT PAGE 481. 15. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN WARRANTY DEED RECORDED FEBRUARY 10, 1972 IN BOOK 223 AT PAGE 134. (AFFECTS PARCEL F) 16. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN EASEMENT AGREEMENT RECORDED JUNE 08, 1973 IN BOOK 229 AT PAGE 481. (AFFECTS PARCEL F) 17. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN EASEMENTS RECORDED FEBRUARY 21, 1984 IN BOOK 378 AT PAGE 907. (AFFECTS PARCEL F) 18. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN PARKING EASEMENT AGREEMENT RECORDED OCTOBER 28, 2008 UNDER RECEPTION NO. 200823067. 19. TERMS, CONDITIONS AND PROVISIONS OF ORDER FOR APPOINTMENT OF RECEIVER RECORDED OCTOBER 28, 2010 AT RECEPTION NO. 201021776. 20. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN LEASE DATED AUGUST 1, 2012 BY AND BETWEEN LAZIER LIONSHEAD, LLC, A WYOMING LIMITED LIABILITY COMPANY AND DAVID S. COHEN, AS RECEIVER, APPOINTED PURSUANT TO THAT CERTAIN ORDER FOR APPOINTMENT OF RECEIVER DATED OCTOBER 20, 2010, LANDLORD, AND RESIDENTIAL LIONSHEAD ARCADE BUILDING CONDOMINIUM ASSOCIATION, INC., A COLORADO NON-PROFIT CORPORATION, TENANT, AS MEMORIALIZED BY INSTRUMENT RECORDED SEPTEMBER 05, 2012 UNDER RECEPTION NO. 201217721. (AFFECTS PARCEL F) JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; your transactions with, or from the services being performed by, us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The Subject real property may be located in a special taxing district. B) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property) C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B-2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. Commitment For Title Insurance Issued by OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old republic National Title Insurance Company, A Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS (a) “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues,alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) “Title”: The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Comitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I—Requirements; [and] (f) Schedule B, Part II—Exceptions[; and (g) a counter-signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (I) comply with the Schedule B, Part I—Requirements; (ii) eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (d) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (g) In any event, the Company’s liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing [and authenticated by a person authorized by the Company]. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. This page is only a part of a 2016 ALTA® Commitment for Title Insurance Old Republic National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions[; and a counter-signature by the Company or its issuing agent that may be in electronic form] Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Authorized Officer or Agent Old Republic National Title Insurance Company a Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 (612)371-1111 VANTAGE POINT - VAIL CONDOMINIUMS, INC Attn: Dawn J Moe 508 E. Lionshead Circle Vail, CO 81657 (970) 476-0364 VANTAGE POINT - VAIL CONDOMINIUMS, INC Attn: Candyce D. Cavanagh 508 E. Lionshead Circle Vail, CO 81657 (970) 476-0364 TOWN OF VAIL Attn: Finance Department 75 South Frontage Road Vail, CO 81657 FIRST WESTWIND AT VAIL CONDOMINIUM ASSOCIATION Attn: Steven Macdonald 548 South Frontage Road Vail, CO 81657 970 476-9378 LIFT HOUSE Attn: Dale Bugby 555 E Lionshead Circle Vail, CO 81657 VAIL 21 CONDOMINIUM ASSOCIATION, INC Attn: Steve Edward Gerhardt 521 East Lionshead Circle Vail, CO 81657 BLUE ICE 21 LLC 3575 Battersea Road Miami, FL 33133-6802 LIONSHEAD ARCADE BUILDING CONDOMINIUM ASSOCIATION Candyce D. Cavanagh 2925 Booth Creek Drive Vail, CO 81657 BATTLE MOUNTAIN LLC Attn: LAUNCH DEVELOPMENT INC 9744 NW Conant Avenue Kansas City, MO 64153-1832 Lion’s View/500 East Lionshead Circle Development Applications Page 1 LION’S VIEW CONDOMINIUMS September 2018 I. INTRODUCTION The purpose of this report is to provide information on the proposed development of Lion’s View, a residential condominium at 500 East Lionshead Circle. The owners and developers of Lion’s View are Bob and Diane Lazier, Lazier Lionshead Parcel L LLC. Information provided herein has been prepared in accordance with procedures prescribed by the Town of Vail development review process. The development site for Lion’s View is comprised of three parcels - Lot 1A, Tract L and Tract K as depicted on the recently approved Final Plat for Vail Lionshead, First Filing, a Resubdivision of a part of Lots 1,2,3 and Tract E, Block 1. This final plat was submitted and approved as an element of Elevation, a condominium project located on adjoining Lot 2A. Lion’s View includes three levels of underground parking, a six-level residential building and related site and landscape improvements. The project has been designed in conjunction with the neighboring Elevation project that was proposed by Battle Mountain LLC (BMLLC) and recently approved by the Town. While separate projects, the two land owners have been coordinating their design and redevelopment efforts. View of Lion’s View looking to the northwest Lion’s View/500 East Lionshead Circle Development Applications Page 2 Two development applications are submitted: • Exterior Alteration application for the proposed condominium building and site improvements, and • Application for a setback variance for a portion of the underground parking garage. Each of these applications are described in detail below. Information provided in this report is presented in the following sections: I. Introduction II. Project Overview and Background III. Description of Project IV. Conformance with Applicable Review Criteria 1. Exterior Alteration 2. Variance Request The Exterior Alteration and Variance applications have been submitted on behalf of Lazier Lionshead Parcel L LLC and Bob and Diane Lazier. The project vicinity map below depicts the Lazier properties and the adjoining Elevation development. A site plan of Lion’s View is found on the following page. Project Vicinity Map Lion’s View/500 East Lionshead Circle Development Applications Page 3 Illustrative site plan of Lion’s View Lion’s View/500 East Lionshead Circle Development Applications Page 4 II. PROJECT OVERVIEW and BACKGROUND Background on the Parking Structure and Division of Land A parking structure was developed on the subject property in the early 1970’s and over the years this structure has provided parking for the Lionshead Arcade, Vail 21, Lifthouse Lodge and other individuals. The structure is located on two parcels of land that were described and deeded in the 1970’s based on legal descriptions. These parcels were originally part of Lots 1, 2, 3 and Tract F, Block 1 of the Vail Lionshead Subdivision, but this division of land did not go through a formal subdivision process. A subdivision to formalize these parcels was recently approved as an element of the neighboring Elevation development. The western 2/3rd of the parking structure is owned by Lazier and the eastern 1/3rd is owned by BMLLC. BMLLC and Lazier own equal interests in proposed a common access parcel that provides access to both development parcels (now referred to as Tract K). Redevelopment Coordination BMLLC and Lazier have been coordinating over the past year on the redevelopment of there respective parcels. This collaboration has resulting in the demolition of the top deck of the existing parking structure this past summer. The BMLLC and Lazier projects will share a common access drive off East Lionshead Circle. This access is proposed in the same location as the drive aisle that currently serves the existing parking structure. Both projects will include below grade parking and condominium buildings located above the parking. The parking level of the BMLLC project was approved with a 0’ setback on the rear, or west side of the site. Lazier’s development application includes the same request for a 0’ setback adjacent to Elevation. Once constructed, the 0’ setback at the parking level will allow each project to have contiguous outdoor plaza spaces located above the parking levels of each building. While Lazier and BMLLC have been coordinating on their projects for the past year and upon completion these two projects will provide a unified design solution, the two projects may be developed on independent timelines. The sketch on the following page depicts how the coordinated design of an outdoor plaza space between each building will unify the two projects. Lion’s View/500 East Lionshead Circle Development Applications Page 5 Composite site/landscape plan of Lion’s View and Elevation projects. Zoning and Surrounding Land Use The Lion’s View project is zoned Lionshead Mixed Use – 1 (LHMU1) and except for the proposed 0’ front setback (for the parking level only), has been designed in compliance with development standards prescribed by the LHMU1 zone district. The subject property is bordered by LHMU1 zoned lands on the north, south, east and west sides. Each of these properties have been developed with or approved for residential or mixed-use projects. Development Site As per the Town Zoning Code, the definition of “lot or site” is: A parcel of land occupied or intended to be occupied by a use, building, or structure under the provisions of this title and meeting the minimum requirements of this title. A lot or site may consist of a single lot of record, a portion of a lot of record, a combination of lots of record or portions thereof, or a parcel of land described by metes and bounds. Lion’s View/500 East Lionshead Circle Development Applications Page 6 For the purposes of this development application, the “lot or site” for Lion’s View includes Lot 1A, Tract L and Tract M. This results in a total site area of 31,754 square feet. All development standards for the project are based on the total site area and perimeter boundary of these three parcels. BMLLC and Lazier Lionshead LLC own common interests in Tract L. A letter from BMLLC that authorizes Lazier to use Tract L as part of its “lot or site” has been provided under separate cover. Tract M, Tract L and Lot 1A depicted on the recently approved Final Plat comprise the site area for Lion’s View Lion’s View/500 East Lionshead Circle Development Applications Page 7 III. DESCRIPTION OF PROJECT Two development applications have been submitted for this project: Exterior Alteration This review process is prescribed by the LHMU1 zone district and applies to any new development that among other things adds dwelling units or more than 1,000 square feet of floor area. The Exterior Alteration review process evaluates the project’s compliance with the purpose of the LHMU1 zone district and applicable development standards of the zone district, how the project complies with applicable elements of the Lionshead Redevelopment Master Plan and potential impacts of the project on the surrounding neighborhood. Discussion of how the proposed project addresses applicable review criteria is found below. Setback Variance The uppermost parking level for each project is proposed to be located at grade with the existing common access drive. The western end of Elevation’s top parking level has been approved with a 0’ setback adjacent to Lazier’s property. This was done with the intention of Lazier’s top parking level to be located at its easterly property line, with a 0’ setback adjacent to Elevation. The benefit of this approach is that it eliminates a 20’ separation between parking structures that is otherwise required by setback regulations. The two abutting 0’ setback conditions will only occur at the parking level (the residential floors of both buildings will conform to 10’ setback requirements). The adjoining parking structures will allow for the development of outdoor plaza space on Lazier’s project that will integrated with Elevation’s outdoor space. The proposed setback variance will allow for this solution. The 0’ setback is proposed for the eastern end of the parking structure adjacent to Lot 2A, to Track K and to a portion of a small parcel referred to as Parcel B (adjacent to Vail 21). The portion of the building with a 0’ setback adjacent to Tract K and a portion of Parcel B involves the underground parking garage only. Below is a diagram demonstrating at a conceptual level the final condition with the 0’ setback upon completion of Lazier’s project. Lion’s View/500 East Lionshead Circle Development Applications Page 8 The elevation above depicts the final 0’ setback condition upon completion of Elevation the Lazier project. Development Program Below is a description of the main elements of the proposed project. The project’s conformance with applicable review criteria for each of the four development applications is found in Section IV. of this report. Residential Condominiums Twenty-one residential condominium units with a total of 31,822 square feet of GRFA are proposed. Employee Housing Units Two on-site employee housing units (EHU’s) comprised of 2,171 square feet are proposed. Lobby/Common Areas and “live beds” Approximately 2,800 square feet of interior common space is provided. This includes lobby, sitting room and office space on the main level of the building. In keeping with the “live bed” goals of the Lionshead Redevelopment Master Plan, office space, a lobby, a library/sitting room and outdoor patio space will provide on-site facilities typically associated with hotels. Short-term rentals of units will be permitted by the project covenants. Owners will be permitted to rent units via AirBNB-type services or will be able to utilize on-site management for short-term rentals. Office space on the main level will be staffed throughout the day and will among other things facilitate check-in for short-term guests. Parking As outlined in a 1972 letter from the Town of Vail, the existing parking structure was built to provide parking for three adjacent projects. Parking proposed with the development of Lion’s View will replace parking that existed on Lazier’s Lion’s View/500 East Lionshead Circle Development Applications Page 9 property prior to demolition of the parking deck and will provide for the parking required for the proposed residential development. Prior to demolition of the parking deck there were 91 structured and surface parking spaces located on Lot 1A. By code, these 91 spaces are required to be replaced. The proposed development of twenty -one condominiums and two EHU’s requires 32.2 new parking spaces, for a total requirement of 123.2, or 124 spaces. The proposed parking structure will provide 157, or 33 spaces more than required by code. As project design progresses and more is known about structural, mechanical and other design considerations, it is possible that there may be a slight reduction in on-site parking. However, under any circumstance a minimum of 123 on-site spaces will be provided in order to meet zoning requirements. Site Design The building has been located to the northern end of the site to provide room for vehicular circulation and a small amount of surface parking. Vehicular access will be provided by a drive aisle that connects with East Lionshead Circle. This drive aisle is in the same location as the existing driveway and it will also provide access to Elevation. The main entry to the Lion’s View fronts on the new drive aisle. An exterior stairway provides access to the second level outdoor plaza space and also provides pedestrian access to the neighboring Vantage Point project. The access to Lion’s View will essentially be in the same location as the existing alley. It will, however, be significantly improved. To enhance the pedestrian aspect of this corridor, landscaping on both sides of the drive and a decorative paving pattern to define a pedestrian walkway are proposed. This area will also be snow-melted. Development Standards A summary of development standards as prescribed by the LHMU1 zone district and development standards proposed by this project are provided below. Gross Residential Floor Area (GRFA) LHMU1 allows for 250 square feet of GRFA for every 100 square feet of site area. The project site area is 31,754sf. This site area would allow for up to 79,385 square feet of GRFA. 31,822 square feet of GRFA are proposed. Density LHMU1 allows 35 dwelling units per acre. The project site area of .729 acres would allow for up to 25 dwelling units. 21 dwelling units are proposed. Lion’s View/500 East Lionshead Circle Development Applications Page 10 Building Height Maximum allowable absolute height is 82.5’ and maximum average height is 71’. The proposed building has an absolute maximum height of 73.0’ and an average height of 70.9’. Setbacks Setbacks in LHMU1 are 10’ on all sides. Proposed setbacks are: • Front – +/-44’ • Side – 10’ on west, 0’ on east • Rear – 10’ Site Coverage LHMU1 allows for 70% site coverage, as such the project site area of 31,754sf allows for up to 22,227sf of site coverage. Proposed site coverage is 21,516 square feet, or 67.7% Landscaping LHMU1 requires 20% of a site to be landscaped, as such the project site area of 31,754sf requires a minimum of 6,350 square feet of landscaped area. Proposed landscape area is 8,250 square feet, or 25.9%. Note that this landscape area is softscape area only, it does not reflect any decorative hardscape areas (of which up to 20% of the landscape requirement can be). Parking and Loading 91 parking spaces existed on the site prior to demo of the top deck of the structure and the proposed development requires 33 new spaces, for a total requirement of 124 spaces. All required parking will be provided on-site. There is no commercial development in the project and as such loading needs will be very minimal, limited to move in/move out of the residential units. The loading facility at the Arrabelle was over-sized to provide loading for adjacent properties. If needed, the Arrabelle facility could be utilized. Diagrams depicting building height, site coverage, setbacks and landscaping are found in the project plan set that has been provided under separate cover. Employee Housing Section 12-24-2 Employee Housing Requirements establishes a mitigation rate of 10% of the total new GRFA proposed by a project. 31,822 square feet of GRFA are proposed, resulting in an inclusionary employee housing requirement of 3,182 square feet. The code requires that a minimum of 50% of this requirement be provided on-site. Lion’s View/500 East Lionshead Circle Development Applications Page 11 Employee Housing Mitigation Plan Two on-site EHU’s totaling 2,171 square feet are proposed. This housing will provide for 68% of the total requirement. The remaining mitigation will be provided by cash in lieu, by securing deed restrictions on an existing unit(s) within the Town of Vail or via the Town’s In-Deed program. Lion’s View/500 East Lionshead Circle Development Applications Page 12 CONFORMANCE WITH APPLICABLE REVIEW CRITERIA Below is a summary of how the proposed project conforms to applicable review criteria for each of the four development applications. EXTERIOR ALTERATION It shall be the burden of the applicant to prove by a preponderance of the evidence before the planning and environmental commission and the design review board that the proposed exterior alteration or new development is: 1. In compliance with the purposes of the Lionshead mixed use 1 district, Response The purpose of the LHMU1 district is: The Lionshead mixed use 1 district is intended to provide sites for a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units, restaurants, offices, skier services, and commercial establishments in a clustered, unified development. Lionshead mixed use 1 district, in accordance with the Lionshead redevelopment master plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the zone district by establishing appropriate site development standards. This zone district is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead redevelopment master plan. The proposed project represents the redevelopment of a distressed property that is identified by the Lionshead Redevelopment Master Plan (the Plan) as a priority for redevelopment. The project is very much consistent with the purpose of the LHMU1 zone district. 2. That the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan, and The Lionshead Redevelopment Master Plan (LRMP) is an extensive and detailed planning document. Below are highlights of how the proposed project is consistent with main elements of the Plan from Chapter 2 – Policy Objectives, Chapter 4 – Overall Study Area Recommendations, Chapter 5 – Detailed Plan Recommendations and Chapter 6 – Site Design Guidelines. Chapter 2 – Policy Objectives Of the six broad policy objectives outlined in the Plan, three are applicable to this project: Lion’s View/500 East Lionshead Circle Development Applications Page 13 2.3.1 Renewal and Redevelopment The project will replace a dilapidated above grade parking structure with below grade parking and a new residential building. 2.3.4 Improved Access and Circulation The project will provide a significant aesthetic and safety enhancement to the existing east/west vehicle/pedestrian corridor. 2.3.5 Improved Infrastructure The project will restore parking that had been provided in the two-level parking structure. Chapter 4 – Overall Study Area Recommendations This chapter of the LRMP addresses broad level considerations that affect Lionshead as a whole. Examples of these include view corridors, Lionshead’s main “hubs”, connection with Gore Creek and the natural environment, connection with Vail Village, public transportation and other considerations. Most of these considerations are not directly relevant to the proposed development. This is likely due to two factors – the limited scope of the proposed redevelopment and the fact that the project is located outside of the Lionshead core area and major pedestrian streets. One relevant consideration is with respect to how the LHMP addresses the goal for “live beds”. Consistent with the LRMP and as described on page 8, Lion’s View will include typical hotel facilities such as a lobby, sitting room and office. Project covenants will allow for short-term rentals of condominiums and the on- site office will provide space for staff to assist with rentals. Chapter 5 – Detailed Plan Recommendations Chapter 5 examines individual parcels and groups of parcels and identifies important functional relationships and objectives to be considered in redevelopments. Specific considerations from the LRMP relevant to this proposal include: 5.7.5 Lions Pride Building and Parking Deck The Lions Pride building and the parking deck across the alley are not in primary locations in the retail core but, because they are in very questionable condition (both visually and physically), their redevelopment and compliance with the Master plan should be considered a priority. An opportunity exists to convert the existing alleyway into a true arrival point for these properties and an enhanced pedestrian walkway. The existing parking must be replaced, most likely underneath a new structure, and could be accessed directly from East Lionshead Circle or from the alley. Lion’s View/500 East Lionshead Circle Development Applications Page 14 The proposed project addresses this objective. Landscaping and decorative pavers are proposed to create a more pleasing pedestrian walkway while also providing for vehicular use. The LRMP specifically identifies this property as not being an appropriate site for retail, nor is it appropriate for a gateway, portal or other urban design features that may be appropriate elsewhere in Lionshead. Chapter 6 – Site Design Guidelines This chapter described detailed design elements will lend character and quality to the overall fabric of public spaces and to the desired hierarchy of pedestrian spaces. The proposed project is not located within the Primary Pedestrian Mall nor the Secondary Pedestrian Mall area. There are no Primary Pedestrian Streets adjacent to the site. As such, many elements of this chapter are not applicable to this site. The existing alley on the south side of the project is a Primary Pedestrian Walk. This corridor will include a decorative walking surface to define pedestrian flow. The height of some landscape walls will allow for seating. As suggested by the LRMP, trash and recycling facilities are enclosed within the building. Chapter 8 – Architectural Design Guidelines The LRMP includes an extensive number of architectural guidelines to be addressed in the design of any new project in Lionshead. These guidelines include very general, subjective comments such as “the image for Lionshead should move towards the future – using historical alpine references and Vail Village as antecedents” or “the middle of buildings within Lionshead shall read as “quiet” masses”. The guidelines also include more specific, quantified guidelines such as prescribed stepbacks in wall planes and the dimension of roof overhangs. Below highlight key features of Lion’s View and how the building responds to some of the major elements of the architectural guidelines: Building Massing and Form The building has a very prominent and solid “base” defined by the use of stone, pre-cast stone columns and building projections at the base of the building that anchor it to the site. The middle portion of the building utilizes precast stone and metal accent paneling and is “quiet”. The roof is appropriately integrated with the buildings wall planes. Lion’s View/500 East Lionshead Circle Development Applications Page 15 Wall surface criteria Wall plans are both varied and articulated with use of building stepbacks, changes of materials, roof overhangs and balconies. Wall materials and colors Wall materials “play off of” the neighboring Visitor Center and are organized to define the base and middle of the building. Balconies Solid horizontal bases and decorative railings integrate balconies with the building. Windows and Doors Windows are recessed within mass walls and the upper portion of most windows include divided lights. 3. That the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail comprehensive plan. Response Neighborhood character in terms of the built environment is established by the development standards prescribed by the LHMU1 zone district. These standards were created to implement the goals of the Lionshead Redevelopment Master Plan. The project has been designed to conform to these standards and as such the project will be consistent with the character of the neighborhood. The proposed project will not have significant negative effects on the character of the neighborhood. The Exterior Alteration review process also obligates projects to address the Mitigation of Development Impacts. Section 12-7H-18 states: Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases, mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the planning and environmental commission in review of development projects and conditional use permits. Mitigation of impacts may include, but is not limited to, the following: employee housing per the town's current employee housing policy, roadway improvements, pedestrian walkway improvements, streetscape Lion’s View/500 East Lionshead Circle Development Applications Page 16 improvements, stream tract/bank improvements, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment/development projects which produce substantial off-site impacts. Lion’s View includes the following improvements to mitigate the impact of the proposed development: Employee Housing The project will comply with the Town’s housing policies. Two on-site EHU’s totaling 2,171 square feet are proposed. This housing will provide for 68% of the total requirement. The remaining mitigation will be provided by cash in lieu, by securing deed restrictions on an existing unit(s) within the Town of Vail or via the Town’s In-Deed program. Streetscape Improvements The existing alley that provides site access to Lion’s View and surrounding properties will be heated, landscaped and include a paver sidewalk pattern to accommodate pedestrian traffic within this shared vehicle/pedestrian corridor. This public space will be dramatically improved. Fire Department Access The entry to the parking garage has been designed to accommodate a hammer-head for fire truck turn-around. Currently fire trucks do not have the ability to turn around. This represents a significant improvement to fire department operations. Excess Parking The project will include up to 33 parking spaces in excess of what is required by zoning regulation. The surplus parking will help address the Town’s parking needs. VARIANCE The purpose and need for the rear setback variance are described in detail above. Below is response to findings to be considered for a variance request. Factors Enumerated: Before acting on a variance application, the planning and environmental commission shall consider the following factors with respect to the requested variance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity. Response Most of the building necessitating a setback variance is the below grade parking structure. The underground parking will have no impact on other existing or Lion’s View/500 East Lionshead Circle Development Applications Page 17 potential uses and structures in the vicinity. The only portion of the building proposed to be within the setback that is above grade is the south elevation of the parking structure entry located along the common access drive. Designed in conjunction with the adjoining Elevation project, this 0’ setback condition will allow for a shared outdoor plaza space above the parking garage entry. This setback encroachment will have no impact on other existing or potential uses and structures in the vicinity. To the contrary, the proposed 0’ will allow for a unified plaza design between Elevation and the adjoining Lazier project is developed. 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege. Response Design of the BMLLC and Lazier projects will create an outdoor plaza space to be created between the two buildings. The 0’ setback proposed for the parking level below the outdoor space will allow for the integrated design of this space. The Lazier project will propose the same 0’ setback. Literal enforcement of the 10’ setback would result in 20’ of basically unusable space between the two projects and would prevent the creation of this outdoor space. While located on two separate parcels that are under separate ownership, the development of Elevation and Lion’s View essentially represents the phased development of a unified and coordinated project (unified and coordinated via the shared access way, coordination on finished floor elevations, and by the outdoor plaza space between the two buildings). For all intents and purposes, upon project completion the common property line between these two parcels will be indiscernible. Due to current ownership the common property line cannot be eliminated, however, the property line and setback requirements prevent a design solution that would benefit site design and the immediate neighborhood (and would be possible were it not for the existing property line). Variation to the setback requirement is warranted to implement this design solution and in doing so would achieve compatibility and uniformity of treatment amount sites in the vicinity and would attain the objectives of this title without a grant of special privilege. 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety. Response The proposed setback will have no adverse effect on the considerations listed above. Lion’s View/500 East Lionshead Circle Development Applications Page 18 4. Such other factors and criteria as the commission deems applicable to the proposed variance. Response Town development standards in Vail Village and Lionshead allow for and at times encourage 0’ setback conditions when the result will allow for a design that provides appropriate and desirable design solutions. The basis for this is that adherence to property line setbacks does not always result in the best design solution and that within reason, quality design that benefits the greater area should take precedent over arbitrary setback standards. The proposed 0’ setback will allow for a unified design solution between the BMLLC and Lazier properties and is consistent with other examples where the Town has encouraged 0’ setbacks. The portion of below grade parking garage with the 10’ setback allows for efficient design of the parking structure and will have no discernible impacts. This request is consistent with other similar setback variances that have been granted in the past.