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HomeMy WebLinkAbout1983-12-20 Support Documentation Town Council Work Session a VAIL TOWN COUNCIL WORK SESSION TUESDAY, DECEMBER 20, 1983 2:00 P.M. AGENDA (1) Continued discussion of official TOV flag. (2) Discussion of 1984 Vail Symposium. (3) Preliminary report on Vail Convention Center. (4) Presentation on proposed Forest Service land exchange. (5) Continued discussion of Westin bus acquisition. (6) Update report on Bitetto lot improvements. (7) Liquor Licensing Authority report. (8) PEC Items. (9) Executive Session. o728 Sherman Street, Denver, Colorado 80203 • (303) 837-1947 December 15, 1983 Mr. Rodney Slifer Mayor, Town of Vail 75 South Frontage Road West Vail, Colorado 81657 Dear Mayor Slifer, I am enclosing a copy of the preliminary market demand study that was prepared for our proposed restaurant to be located on the Getty Oil site. This should be included as part of the Getty Oil Site Package that is to be reviewed at the meeting on Tuesday, December 20, 1983. I look forward to meeting with you on Tuesday. Sincerely, Stanley S. $rooks 1K~// l President SSB/jd Enclosures 3Cr a T `'T s. `ti^ r ( a :.z i, -s * f~ 00~ ,s t802a ; (303) 399-5320 R EC G' V GO ®C C 1 3 GINTHER WYCOFF GROUP December 10 , 198 3 Appraisal and Consulting Services Mr. Stanley S. Brooks President Stanley S. Brooks' Investments 728 Sherman Street Denver, Colorado 80203 Dear Mr. Brooks: In accordance with our agreement, we have completed a preliminary market demand study for your proposed restaurant on the southeast quadrant of the Interstate 70/U.S. 6 (East Vail) Interchange in Vail, Colorado. It is understood that the restaurant will have a dining capacity of 64 seats, a lounge capacity,of 20 seats and 54 parking spaces. The improvements will cover approximately 5,500 square feet, with the restaurant itself consisting of 4,220 square feet. The findings, conclusions, projections and recomendations in this letter are preliminary in nature and subject to change in the full market demand study. Site Description The subject site is one of the best available on East Vail, because of its location adjacent to Interstate 70 and Frontage Road (U.S. 6). The site is approximately four miles from the center of Vail by either the Frontage Road or Interstate- Highway.. East Vail is a residential community, a factor, which i causes significant automobile traffic in the vicinity of the subject.: A study of these traffic counts was completed by,., Leigh, Scott & Cleary, Inc. in October, 1983 and this traffic study should be referred to for an understanding of automobile traffic, volume :in .the area. There will be good visibility of-.the restaurant for traffic heading eastbound on Interstate 70, although visibility will be restricted to westbound vehicles by a retaining wall in the highway median. Visibility of the site from eastbound and westbound traffic on Frontage Road (U.S. 6) is excellent. Access to the subject property is excellent for vehicles travelling on Interstate 70 or Frontage Road (U.S. 6). i Members of The American Institute of Real Estate Appraisers Mr. Brooks December 10, 1983 Page Two Area Review Vail is a major international ski resort located 100 miles west of Denver, Colorado on Interstate 70. This area has grown significantly since its founding in the early 1960's. As the Vail area grew, adjacent areas such as West Vail, Lionshead and ° East Vail were ,developed with Vail, Lionshead and West Vail becoming the center of the area's -resort activity. East Vail has become the center of a significant amount of the area's long term transient and permanent residential use. While the area's principal focus is as a winter ski resort, there has been significant growth of summer and fall activity in recent years due to an emphasis on attaining conference business in the area's resort facilities. This has been underscored by the continued development of such resorts as the Mariott Mark, the Westin Hotel, the Lodge at Vail, and a new upper echelon ski resort and conference community at Beaver Creek, Colorado which is located ten miles west of Vail on Interstate Highway 70. Beaver Creek has been developed by Vail Associates and bookings at both resorts are handled through the Vail Resort Association. According to information compiled by the Vail Resort Association, the average overnight population for the Gore Valley (the area from the bottom of the Vail Pass near East Vail to Dowd's Junction, which is located approximately 10 miles west of the subject site) ranges from 9,000 people per night in the spring and fall to approximately 15,000 people per-night in the summer and nearly 21,000 people per night in the winter months. At the time of the study (Winter of 1979-80) the permanent resident population of the area was estimated at approximately 4,300 people. Retail sales in the area have shown dramatic growth in the past decade. Estimates in 1971 were that approximately $15,000,000 taxable retail sales occurred in the town of Vail, while in 1981 approximately $120,000,000 in retail sales took place. While recent economic conditions have caused some short term softening of this growth, the long term picture is considered indicative of the Vail area's strength as a major international resort. Mr. Brooks December 10, 1983 Page Three Restaurant Supply and Demand According to estimates compiled by an association of restaurant owners and operators in Vail, there are currently.approximately 100 restaurants in the Vail Area of which 85 have dining rooms. The majority of these restaurants are open during the winter and summer months only and closed.during the spring after the ski mountain closes and reopen at the beginning of tourist season (approximately April 15 - May 30). These restaurants also close again at the end of the fall tourist season and reopen at the beginning of ski season (approximately October 1 - November 15). Consequently, the majority of the restaurants are open 9 to 10 months per year. As a result of our interviews with various personnel including town officials, restaurant owners and operators and people familiar with the Vail restaurant market, we have selected six properties which due to location, market appeal.or concept can be considered comparable or potentially competitive to the subject property. The first of these properties, the Clubhouse Restaurant, is located in the Clubhouse of the Vail golf course, which is approximately two and one-half miles west of the subject site. The Clubhouse Restaurant features a continental menu and appeals to a combination market of which the majority is local trade with the balance emanating from the tourist and convention demand segments. The second property is the Saloon Across The Street from the Eagle River Hotel. This property is located in Minturn, Colorado, at Dowd's Junction, approximately ten miles west of the subject site. This property has extremely strong local patronage and has become an increasingly popular tourist restaurant over the years. The third property selected was the Chart House which is a steak and crab restaurant located in Lionshead. The fourth comparable is the Vail Racquet Club which is located in East Vail approximately one mile from the subject site. The Vail Raquet Club has a continental menu and has strong appeal among the local residents. The fifth comparable is Giulino's, an Italian outlet located in Lionshead and the, sixth comparable is Purcell's, a steak and crab restaurant also located in Lionshead. Our interviews indicated that there are two distinct markets. Properties in the Lionshead and Vail Village Area receive the greatest portion of their demand from the tourist market, while 7 . Mr. Brooks December 10, 1983 Page Four the properties outside the village receive the bulk of their demand from local trade. Restaurants outside the village which have developed a reputation for quality food and service at a reasonable price have also been able to attain good levels of tourist demand after two to three years of operation. Our preliminary work also indicates that demand is heaviest during the evening meal, with less demand during the lunch period. According to an informal study participated in by owners and operators of Vail restaurants in 1978, there were approximately 50 restaurants serving a combined total of 3,000,000 meals. A followup study done in 1982 indicated approximately 100 restaurants (85 with dining rooms) serving a combined total of approximately 2,800,000 meals. According to those people interviewed, this is partially a result of an increasing trend for condominium users to cook their meals in the condominiums rather than eat out. This information emphasizes the need for a restaurant to be properly conceived, located and operated. Our preliminary interviews indicated that there is need for a restaurant catering to local clientele and the more cost-conscious tourist trade. The indications were that an American menu offering quality food at a reasonable price, such as the $8.00 to $10.00 price range, would be appropriate. The lunch menu should have a range of entrees, such as sandwiches, soups and hamburgers; with steaks, seafood and hamburgers during the dinner hours. It is our preliminary opinion that the subject site will be suitable for such a food and beverage outlet and that this location will be capable of attracting strong local demand with tourist demand developing over the years as a reputation for quality products is established. The expected demand would emanate from the following sources: 1. A fair share of the existing area restaurant demand. 2.. Demand which is currently not satisfied by restaurants in the price range recommended and which consequently dines in the condominiums or the more expensive restaurant facilities. 3. Latent demand which may be attracted off Interstate 70. Latent demand is demand which does not eat in the area due to a lack of properly conceived dining facilities. Mr. Brooks December 10, 1983 Page Five Preliminary Recommendations Based on our preliminary analysis, we find support for your proposed 64 seat family style restaurant with a 20 seat lounge on the subject site. We recommend that the proposed restaurant obtain a liquor license but not provide nightly entertainment. As in any restaurant., success is directly affected by the competence of the management, specifically the quality of food, beverages and service and proper market orientation. It is imperative that the facility have strong local appeal at reasonable prices and that consistent management is in place at all times. Preliminary Representative Year Operating Statement The following statement is preliminary in nature and is subject to revision in the full market demand study. It is based on competent, aggressive management, excellent control of expenses and no significant change in the supply and demand situation from that set forth in this preliminary letter. Volumes are based on interviews with comparable area operations and adjusted for the proposed property. Expenses are based on interviews as well as data compiled by the National Restaurant Association and our file data. An underlying assumption of the entire preliminary report is that the proposed property will be competently and efficiently managed and developed and operated by management experienced in such operations. It is also assumed that the restaurant will be properly and aggressively marketed. Mr. Brooks December 10, 1983 Page Six Proposed Family Restaurant East Vail, Colorado Preliminary Statement of Estimated Annual Operating Results Based on a Representative Operational Year* For a Proposed 64 Seat Restaurant With a 20 Seat Lounge To Be Located in East Vail, Colorado Percentage Sales Range Range (000) Food $370-$410 77% Beverage $110-$125 23% Total Sales $480-$535 100% Cost of Sales_ Food $150-$165 41%-40% Beverage $ 30-$ 35 27%-28% Total Cost of Sales $180-$200 38%-37% Gross Profit $300-$335 63%-63% Other Income $ 2-$ 3 0%- 1% Total Income $302-$338 63%-63% Controllable Expenses $230-$255 48%-48% Income Before Occupation Costs $ 72-$ 83 15%-16% * A representative operational year is defined as an average year over the property's economic lifetime and is expressed in current value dollars. ` t Mr. Brooks December 10, 1983 Page Seven We emphasize that this letter report is based upon preliminary data gathering and analysis, and is subject to change in the full market demand study. Per our agreement, a full market demand study with recommendations and a complete representative year financial projection will follow upon your request to proceed. Respect fu ly submitted, tDen D Ginther, M.A.I. William Hopp' g Associate WRH:kk STATEMENT TO VAIL TOWN COUNCIL BY: VAIL VILLAGE INN ASSOCIATES RE: PICCIDILLY SQUARE INC. PROPOSAL VAIL VILLAGE INN PHASE FOUR DATE: December 20, 1983 Mayor Slifer and Members of Council, I am James Cowperthwaite. My brother Kit and I represent Vail Village Inn Associates, the developer and majority owner of Vail Village Inn Phase III. We also represent the current property owners in Phase III in our capacity as officers of the Village Inn Plaza Condominium Association. We have nothing to do with the Applicant's development group. In fact, if things go as currently planned and Joe Staufer sells out his entire interest in the Vail Village Inn properties, we will wind up as the only remaining property owners in Special Development District 6 other than the Piccidilly group itself. Hence our interest in resolving as much as possible before the project gets underway in earnest. During the past several months,.we have followed Piccidilly's approval process with great care. We have listened closely to the deliberations of the Vail Planning and Environmental Commission as well as to those of this body. We have-had a number of discussions with Staff and the Applicant. Our interest is intense. We have very significant fiduciary responsibilities to many people. We are obliged to do the most thoughtful and best job we can for the members of our Condominium Association and for our partners in the development of Phase III. We also acknowledge a duty to the Town of Vail and its citizens to be good citizens ourselves. At this time we have determined to support conditionally Piccidilly's proposal. We believe that what remains of the venerable Vail Village Inn, including the Dairy Depot Building, should come down and make way for redevelopment. We agree with just about everything Joe Staufer and Fred Hillers' friends have had to say in favor of a new, elegant hotel .facility. We think the inclusion of the Amoco corner into the Development District is, on balance, a good thing. If properly done, the successful completion of Phase IV will help everyone and hurt no one. .Doing the job properly is what the following suggested conditions are all about. But before we get into them, we want to say a few things about Special Development District 6. SDD 6 started out as eight pages of prose and a schematic site plan approved by your predecessors seven years ago. It is now Village Inn Plaza, a twenty million dollar project comprising fine restaurants, beautiful stores, lovely homes as well as many hopes and dreams. [,That started out as a few seeds is now a garden. SDD 6 has become incarnate in the form of Phases I, II and III. Joe Staufer and the Cowperthwaites, with help from an enormous number of other people, put flesh on the legal bones of SDD 6. It has been transformed into more than the stuff of a quickly passing view plain or ethereal first impressions for new visitors to Vail. So when SDD 6 is mentioned in your deliberations, we urge you to bring to mind not so much legal codes as a living, healthy human reality fully -2- representative of Vail's commitment to lasting, quality experiences for its residents and its guests. { In the spirit of fairness, we also ask that the Council keep in mind one other thing. We built Phase III in,strict conformity with the letter and spirit of SDD 6. We have submitted for your inspection a copy of a letter from the Town to our partner and fellow officer of our Condominium Association, Josef Staufer, which says as much. We did not deem its constraints as obsolete, imprecise or unworkable. We considered those constraints to be creative challenges worthy of respect. We relied and continue to rely on SDD 6 to provide the same creative constraints for the development of Phase IV. Now for the conditions we would like to see incorporated into Council's approval of the Applicant's proposal: 1. We think Piccidilly needs to come up with a better plan to provide vehicular access into the parking structures. As currently contemplated, the main access for cars would be off of the Frontage Road and down the existing ramp on the east side of Phase III. Drivers would then make their way through the security area on parking level 2, and park their cars. Later, they would exit onto Vail Road at the west end of the buildings. Gordon Pierce has suggested that the traffic flow could be reversed under certain circumstances such as at the end of a busy ski weekend. d -3- i The problem is that the existing ramp' at the east side of Phase III has been designed and built as a secured, secondary entryway to a 29 unit condominium project and not as the principal access to a much larger complex containing an additional 185 hotel rooms and related amenities. The ramp in question is short, narrow and steep. In fact it goes down 17 feet in a mere 112 feet of horizontal travel. That computes to an average 15% grade which is over twice that of the approaches to the Eisenhower Tunnel. Because of these constraints, it is currently being used as a one-way-down driveway. Although the ramp features an electrical snow melt system, these things have a way of breaking down which could create disaster. Thus we suggest that Piccidilly provide an alternate, main access route into the complex as a condition of your approval. 2. Good progress has been made in scaling down the sheer bulk of the original buildings proposed. However, there are still some architectural scars remaining from the semi-successful surgery performed on the original monster. We still think the main north building projects too far south into the plaza area. We also object to the height of the proposed, new Building V. Important views from at least eight of our condominium homes would be virtually obliterated. A reduction of one full story in the ridge line would significantly ameliorate this problem at a cost of a few vaulted ceilings in the proposed Building V. -4- ; i Accordingly, as additional conditions to your approval, we request that the Applicant continue to use best efforts to reduce the massive thrust of the north building into the plaza area and cut a minimum of 10 feet off of the ridge line of the new Building V. 3. The Applicant wishes to amend SDD 6 to allow for more GRFA. We do not object in principle to some flexibility in this regard. However, to the extent that such extra GRFA would inhibit solutions to the problems of excessive bulk and crowding referred to in paragraph 2 above, we do object. The condition we would like to see imposed in this connection is that little or no additional GRFA be granted unless it can be contained in a less massive structure. 4. We remain vitally concerned with the question of architectural incompatibility between Phases I, II and III on the one hand and Phase IV on the other. We have received assurances from Gordon Pierce and Fred Hiller that the facade of Phase IV would be harmonious. However, architectural eompatability involves a lot more than superficial facade features. Roof shapes and pitches, massing, landscape design, the preservation of the nooks and crannies that are part of the charm of Phases I, II and III, are all involved. We believe that the maintenance of architectural eompatability is one of the most important mandates of SDD 6. It was SDD 6 that assured Joe Staufer -5- I i i i of functional and architectural harmony between Phases I and II on the one hand and Phase III on the other. We believe we are entitled to the same assurances. We are very loathe to leave such an important matter for design review consideration. We believe a proper procedure would be for Council to appoint the architects that designed the existing phases - namely Bill Ruoff and Ralph Santangelo - to rule on whether or not the Applicant has achieved functional and design compatibility. We suggest this as a fourth condition to your approval. 5. Council has already discussed a requirement whereby Applicant must present satisfactory evidence of its ability to complete construction of the hotel including the furnishing, equipping and landscaping of same. We wholeheartedly endorse this requirement. An uncompleted project at this most prominent of all Vail locations would be disasterous for the Town and have a tremendous negative impact upon existing phases and their occupants. A similar catastrophy would occur if the old Dairy Depot building were allowed to remain after the hotel were built. The new plaza would be intolerably cluttered and the enjoyment of all previous achievements would be significantly impaired. i f i z 7 -6- i i I i We commend for your consideration a condition whereby Phase V be abandoned. There should only be one phase, Phase IV. Phase IV would include the proposed new Building V. The critical path for construction would have provisions to allow current tenants of the Dairy Depot building to temporarily relocate before construction starts on the new Building V. The Applicant's presentation of evidence of ability to complete construction should include ability to complete Building V as well. One Building Permit only should be bought and paid for and one final Certificate of Occupancy should be issued. The above list of suggested conditions to your approval does not pretend to be exhaustive. They are the best we can do at this time. We continue to rely on you, Members of the Vail Town Council, to make the best and wisest decisions you can. In this regard, we commend to you almost all of the recommendations of the Town Staff. Dick Ryan and his colleagues have done a thorough, thoughtful job to date and we applaud them. We want Phase IV to happen. Fred Hiller and his people need your approval now so that critical steps in the development time-table not be missed. We have been told that delays in gaining your conditional approval could result in the failure of the Applicant's project to move forward. That is an unpalatable possibility and we therefore urge you to grant approval now subject to the conditions outlined above together with those developed by Staff over the past months. Thank you. -7- 10WHI o1 V aii box 100 department of community development vail, colorado 81657 (303) 476-5613 April 3, 1980 Joe Stauffer 68 East South Frontage Rd. Vail, Colorado 81657 RE: Phase III, Vail Village Inn Dear Joe: This letter is to confirm that Phase III, of the Vail Village Inn Special Development District complies with all the requirements of the Special Development District and the Zoning Ordinance of the Town of Vail. Phase III has also been reviewed and approved by the Planning and Environmental Commission, the Town Council, and the Design Review Board of the Town of Vail. Sincerely,, James A. Rubin Zoning Administrator JR:df D.VLrDecember 6, 1983 P Hon. Rodney Slifer, Mayor and members of the Vail Town Council P.O. Box 100 Vail, CO 81658 Dear Mayor Slifer, As you know the.residents of the Gold..Peak neighborhood have met frequently since late May to seek solutions to the Gold Peak Redevelopment Plan with Vail Associates, Inc. On June 4, 1983 we formed the Gold Peak Neighborhood Association which includes; Manor Vail Lodge, the Ramshorn Lodge, Mill Creek Circle, the Texas Townhouses, Pinos del Norte, All Seasons, Vail Trails East, Vail Trails Chalet, Northwoods Condominiums, and most recently, the Tivoli Lodge. The goals of this association were 1) to seek a positive solution to the Gold Peak Redevelopment Plan, 2) to ammend the Protective Covenants in the neighborhood to assure long term protection from overdevelopment and 3) to initiate a neighborhood masterplan for the area. We feel as a neighborhood we have made great progress toward achieving these goals. While the representatives of the association may not be able to speak for each and every owner, it is our consensus opinion that there is general optimism and support for our goals and for the progress we have made towards reaching them. We appreciate the sincere efforts made by Mr. Robert Parker and Mr. Joe Macy of Vail Associates to continually meet with us to seek solutions to problems and resolutions to issues. We also appreciate the willingness with which the Town of Vail Planning Staff assisted our efforts over the past several months. In summary the Gold Peak Neighborhood Association is pleased to support the Gold Peak Redevelopment Plan as presented to you by Vail Associates. We believe the project will not only improve our neighborhood but will provide a much needed, modern facility at the.base of Gold Peak. We believe this will have a positive impact on the entire community. Thank you very much for your consideration. in- Ran ~Milhoan for the Gol a Neighborhood Association Enclosures; agenda of November 19, 1983 GPNA meeting. cc. Mr. Robert Parker, Vail Associates, Inc. Representative of Gold Peak Neighborhood Association file/GPNA AGENDA GOLD PEAK NEIGHBORHOOD ASSOCIATION P.O. BOX 1114 VAIL, COLORADO 81658 MEETING, SATURDAY, NOVEMBER 19, 1983 9:00 A.M. MANOR VAIL LODGE - VAIL, CO 9:00 AM Discussion of Finances for G-PNA (_Milhoan & MacCarton) 9:30 AM Discussion of Proqress To Date - Gold Peak Redevelopment Plan (Cowperthwaite & Lamont) - Neighborhood Master Plan (Lamont) - Parking & Pedestrian Access (Lamont) - Protective Covenants & Ski Based Rec. Zone) (Cowperthwaite & Lamont) - GPNA By-Laws, Articles of Inc., Status (Cowperthwaite) 10:30 AM - Presentation of Plans (Snowdon-Hopkins Architects) - Discussion of Recreational Plans (Knoblock & Dodson) - Discussion of Parking Issues .(Curt Ufkes - Vail Police Dept.) 11:30 AM - Discussion of Other Items 12:00 PM - ADJOURNMENT OF MEETING 1- December 16, 1983 e Mayor Rod Slifer P.O. Box 100 Vail, CO 81657 Dear Mayor Slifer: As a part-time resident in East Vail (Unit 170:6, Timber Falls Condominiums), I wish to express my feelings towards the proposed restaurant to be located near the East Vail exit. Inasmuch as East Vail only has one restaurant now, I feel it would be very beneficial to all East Vail residents to have a place close by to eat out with- out having to go into the main Vail village or West Vail. I therefore strongly urge the Council to support the proposed new restaurant. Sincerely, Barry J. Goldstein BJG:cks M -le G R O S S M A N P R O D U C T I O N S December 15, 1983 SKI PATROL Grossman Productions is in the pre-production stage of production of a feature-film project, SKI PATROL. The film, will be produced entirely in Colorado, at a major ski area and in surrounding mountain environs. It is designed for both theatrical distribution and domestic and foreign television release. Unlike other film projects undertaken in Colorado in recent years, SKI PATROL will be produced with production values equal to those of major releases and network television movies-of-the-week. It will feature a major motion picture star, Timothy Bottoms (whose credits include leading roles in THE LAST PICTURE SHOW, PAPER CHASE and ROLLER COASTER.) Total budget for the film is currently estimated at $2,000,000. Distribution and release agreements are currently being sought by Grossman Productions. SKI PATROL was written by Arnold Grossman, and is currently in revisions to expand the role lo be played by Timothy Bottoms. Principal photography is scheduled to begin March 15, 1983. This will be preceded by a three-week pre-production sc1iedule on location; during that time, Mr. Bottoms will be given three weeks of private ski instruction. (He is currently an intermediate to advanced skier; this instruction will enable him to ski believably enough for cuts back and forth with his "ski-in.") Governor Richard Lamm will also appear in a cameo role in the film, playing the role of "The Governor." He has also given his support to the entire project, and has offered the cooperation of his office and the Colorado Motion Picture Advisory Board. This support will help the company maximize promotional opportunities for the project, for the state of Colorado and for the ski area in which the film will be produced. 1177 RACE STREET • DENVER, COLORADO 80206 • PHONE: (303) 322 - 1331 G R O S S M A N Page 2 P R O D U C T I O N S Director of Photography for SKI PATROL will be Virgil Harper. He served in that capacity in the production of two recent film starring Timothy Bottoms, and has worked on various film projects with Grossman Productions, including the docWentary, FREEZE! AN AMERICAN PEACE STORY. The story is about a man who tries to extract a three- million dollar ransom from the Board Chairman of Mount Williams Ski Resort. He has done so to get revenge from a former commanding officer in the Ninth Mountain Division; the officer had been responsible for the death of two of the man's close friends, in an avalanche accident. The leading character, Henry Despres (played by Bottoms), is a sympathetic "villain." He charms the audience with his style, his wit and his audacity to stage so spectacular a crime. He holds some 250 skiers hostage on the gondola lift, threatening to sever the cable if his demands are not met. The film is played with a mix of James Bond-like parody and high adventure. It will feature acrobatic skiing, smowmobile chases, a helicopter crash and the triggering of an avalanche in*lattempt to stop the fleeing Henry Despres. There are several human stories woven into the plot; they are told through focusing on groups of people within the gondola cars. Release of the film is scheduled for December, 1984. SKI PATROL will be the first in a series of film and television projects to be undertaken by Grossman Productions as part of a business plan to create a new production center, located in Colorado, to provide films and programs, at reduced budget levels, to the film and cable television industries. 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H °.'f,.,l:y S..t..~4~., .34t. ~/~J~j r.3s g s, *l~. f, a i "R.x ".•;L ,•2r OR I # \ . s.s s T•' •w,. Y k Z t~ '{Y_-. { 4~..~r t i' # 4 ~`r,f:.; ' - N G5~ . i- ~t`i , .t. `S. - -.F `se; -st- tr-.tt. .r .9r~-_ ,~a, 1N ~yi ~]C"Y;R i~~~:T(y°. ~f'~~3 1_~ -{XY'E~ YF2;:.~-. ZG .~..3•~ti pa$:;, !a , .t gt ''':ai...~~Gr:f;+ $•4fr x,>-~ W~gS 28 HT ' EIG , G.H gl.D _ f 1 - - ~ F , ' J ' . - - t i ` I . 4 _ LSGAL~QESCRIPTION: - _ ~ _ ~ A parcel of land being part of Sections 2, 11, and 12 Townshi S South p , Range 80 West of the 6th P M. Ea le Cou t C~1 g r~ y, o orado, more particularly described as follows: Beginning at a of t.on a curve and on the e P ~ ast line • of said Section 11, said point being S 00 X24' 28" E 412.80 feet from the , Northeast corner of said Section 11; thence Northwesterl lon y a g the Southerly • right of way line of Federal Highway I•;0 and along the arc of a curve to the left having a radius of 2105 00 feet an arc dista 27 b nce of 5.50 feet. The . chor of said arc bears N 54 32' 28'! W and has a len th of 215.30 feet• th g ence N 59 28 16 W along said Southerly right of wav line 276.60 feet to the , True Point of Beginning;~thence N 59° 28' 16" W alon said So g utherly right of wav line, 1 .00 feet to an angle point in said Sontherl ri t of wav line• y . ~ _ thence N 71 .44 43 W along said Southerly right of t~?a line 324.61 feet Y , , t more or less, to a point on the North .line of said Section 11• thence S 89° 46' 04" W alon sai g d Southerly right of way line, 91.50 feet to a oint on t - P he existing Northerly right of way line of old U, S. Hi hwa No. 6 said 8 Y , line also being the Westerly line of the now-vacated Pitkin Cre tic Meadows Subdivision; thence along said Northerly right of~wa line S 35 29' 17" E yo ' 83.32 feet to an angle point in said line; thence S 46 19' 25" E alon said Northerl ri ,g y ght of way ine, 240.00 feet; thence departing from said Northerl r• ht of va licw K 56 ' ' y lg y . ~Q 09' E, 221.81 feQt to the True Port of Degim+tug,•. ~ve?tai~+io~ f,@90 Rcr~D, mare of Less. ~Uaf~: Q~sis for dh~a L<q~/ D<s«iP~iin is fiem Jib il/e. /G •3I S~S«/ ~f/e. of .gin«i<~n lnsa/finq Enginttis /nc, n'aftd /2~-G9. 'i ~ - \1 ~ ' , . - - 3e Ir u O 30 ~ ~ ~ y, • . _ Sys/e in Fs~~ ~ , _ ` , Q , , ~Q A ~ 1 + • k A ; . ~ ~ ~ ~ \ ~ << a ; , e ~ ~ ~ ! z it o ~ ~ ~ , , ~ 0 , ~ c i!/iir ine ~ ~ • ~ 589 4G D 9/. SD ~ / - .P . ~ ~ 6 W ; A ~ ; ~ 1 ~ 0 11 X \ ~ ~ .b e ~ ~S. ~ H ~ l f • ~ V t ...Tv' . I d ~ ~ _ tt . ~l / ?i I ~ /t... z ~ ~ ~ 4.. w ~ n C h: I~. l N~ \ ti ~ , ~ ~ ~ ti I ~ ~ L \ ~ - ~ v _ ~ ~ \ % P ~ I , C 1 1 : • \ ~ ~ • \ 5 1 ~ ~ . ~ h 1 + ~ s 1 ~ ~ `1 c. M 1 ~ - ~ ~ -c - '4 , 1 • ' .X~ ~ ~ t 1 ~ . ~ 0 ~ I ?t ~ _ a ...N ~ , w \ • c I q , . ~Z . 4 a` - :x. 7 S _ ~ ~ ~ ~ L? y b 1 ~ ~ q = y + w I 1 0 0 ~ ~ \ ot~' o ~ C ~ M ~ Oar \ q 9 D . i~ ~ ~ 5 - ~ } S \ i a , . s ~ ~ -cam a r i~ ~ ~ a (W N / ~ + i~ ht n w ~ ~ I ~ , . ~ ~ i s ~ ~ + _ ~ 9 ~ h. ~ ~ \ -r 1' CERTIFICATE OF SURVEY: + ~ v LVEY : } This certifies that a :field it a :field survey has been made and this is a true ~ v" ° u ~ and correct lat of that sup _ ~ P )f th,at survev made by me this 26th day of April, ~ ~ ~ ~ 1972 of the hereon de scribe ~ )n described property, and that the location and dimensions of all building building improvements, easements or rights-of- wav in evidence, or krnown t~ )r kniown to me, and encroachments by, or on, the f premises are accurately shoe -ate? y shown. C. R. Costin, P.E. & L.S. N~ & L.S. No. 611 ' • ; GETTY REFINING AND MARKETING CO. boundary and topographic survey at east vail 1-70 interchange COSTIN ENGINEERING DENVER COLORADO 762_0630 i ' r • . design checked XL- SIZZ17Z I Project :5v r r-v-- ' . . ~ / ' .~t • 1 drawn -M LAW released JT 51=171 sheet rur__Y ~i ~ ~ :4-•. ? - y . L 1 l . f- v i SERVICE ~ ~r i ~ / ~ _ ~ kitchen ~ _ kitchen men ~ - ~ . ~ bar bar 0 10 t 000000 0000000000 UO Wunge WEST ELEVATI N ii i' o° 8 women e i 1 g b b b b p b p jl li , i i; '1! I~ ;i i~ it bpbp' ~pqp' v II II i I 1 z II li ,I II II II II II II II I ~1 1 11 a ' II ii ~ 1 11 I~ 1 tl it it II I ~1 !1 II .t II i; 11 11 11 II II ~1 II ~I 1) fit..--- r--- - " - 1 i; i t--- i--- r--- - --v I gal a W-AW92 m ~I II Ir I 11 I! u • 11 ;1 it} l } Si , 1 ^~y 11 I I I I~~ 1 ~I II I I ~ II dining 1 11 I I, II I ~1 II 11 I ~ II II I I II ~1 I K tchen ar dining b ~ ~ ; ~ II 11 II I I ;1 11---- 11 PLANieR PLANTER entrance nce NORTH -SOUTH SECTI N - Y=~~- 0 PLAN ~ e'. o~ PLAN, ELEVATION, SECTION PROPOSED RESTAURANT a 01 2 4 8 16 32 nwwvln hataml and Am STAIE OF COLORADO EXECUTIVE CHAMBERS jF coca, 136 State Capitol Denver, Colorado 80203 * r Phone (303) 866-2471 *t. F Richard D. Lamm Governor December 14, 1983 Arnie Grossman 1177 Race, Apt. 801 Denver, Colorado 80206 Dear Arnie: I am excited about your plans to film Ski Patrol here in Colorado and I'm honored to be asked to participate in it. I am not only willing, but anxious, to participate in any way that I can. I want you to know that Colorado is excited about the possibility of you and Timothy Bottoms collaborating on this project. Let us know if we can help in any way. Our entire Film Commission will be available to help. Sincerely, Rich rd D. Lamm Govekor i Eagle Valley Arts Council, Vail Branch Post Office Box 1153 Vail, Colorado 81658 December 20,, 1983 Mayor Rod Slifer Members of the Vail Town Council Vail, Colorado Dear Mayor Slifer and Town Council Members, The members of the Board of the Eagle Valley Arts Council wish to endorse wholeheartedly the concept of Art Plazas which are to be included in the Picadilly Square development, which is being planned for the present Vail Village Inn site. We accept and applaud this effort of the private sector to provide art in public places for the community of Vail. Sincerely, Rosie Wilt President, EVAC f y ~j ~C ow,, COu,1 LATHAM & WATKINS ATTORNEYS AT LAW 555 SOUTH FLOWER STREET CHICAGO OFFICE LOS ANGELES, CALIFORNIA 90071-2466 SAN DIEGO OFFICE SEARS TOWER,SUITE 6900 TELEPHONE (213) 485-1234 701"B"STREET, SUITE 2100 CHICAGO, ILLINOIS 60606 CABLE ADDRESS LATHWAT SAN DIEGO, CALIFORNIA 92101-8197 TELEPHONE (312) 876-7700 TWX 910 321-3733 TELEPHONE (619) 236-1234 TELECOPIER (312) 993-9767 TELECOPIER (213) 680-2098 TELECOPIER (619) 239-3624 TWX 910 221-0355 PAUL R. WAT KINS 118 99-1973) WASHINGTON, D.C. OFFICE NEWPORT BEACH OFFICE DANA LATHAM (1898-1974) 1333 NEW HAMPSHIRE AVE.,N. W.,SUITE 1200 660 NEWPORT CENTER DRIVE, SUITE 1400 WASHINGTON, D.C. 20036-1594 NEWPORT BEACH, CALIFORNIA 92660 TELEPHONE (202) 828-4400 TELEPHONE (714) 752-9100 December 16, 1983 TELECOPIER (202) 828-4415 TELECOPIER (714) 759-6891 TWX 710 822-9375 VIA EXPRESS MAIL Mr. Rod Slifer Mayor Town of Vail 75 South Frontage Road Vail, Colorado 81657 Re: Vail Associates Redevelopment Plan for Vail Village, Fifth Filinp, Dear Mr. Slifer: I am writing this letter on behalf of my clients who are owners of Units D-7, D-13, E-10 and E-11 in North- woods Condominiums to make you aware of their position concerning the redevelopment plan filed by Vail Associates with respect to the Vail Village, Fifth Filing. We under- stand that this matter is presently pending before the Town Council. It is my clients' position that under no circum- stances should any parking, including underground parking, be permitted in the area of the existing underground ski club facility to the southeast of the main building. Any parking garage in this location, whether underground or surface, poses the threat of serious traffic problems on Vail Valley Drive and would create traffic noise and con- gestion in what was formerly a scenic, open space area. If additional public parking is required, we are sure that other more appropriate sites are available nearer to the Frontage Road which could accu..wodate any need for additional parking. My clients feel strongly about this matter since several of them purchased their units in reliance upon representations by Vail Associates that the area immediately adjacent to Northwoods would remain undisturbed open space and. would not be developed in any manner other than with the LATHAM & WATKINS Mr. Rod Slifer December 16, 1983 Page Two existing underground ski club building and related recrea- tional facilities. Should Vail Associates now choose to breach that understanding, my clients would have no choice but to pursue all appropriate legal remedies to enforce their rights. We have reviewed the letter to Mr. Patten dated December 15, 1983 from Lewis M. Quirk and endorse the position taken in that letter on behalf of the Northwoods Homeowners Association. Please bring this letter to the attention of the Town Council prior to the final hearing on the redevelopment plan for the Fifth Filing. Thank you for your consideration. Respectfully submitted, Donald P. Baker of LATHAM & WATKINS cc: Peter Patten Robert Parker Z. Jane Carpenter Louis M. Quirk Iva STATEMENT TO VAIL TOWN COUNCIL BY: VAIL VILLAGE INN ASSOCIATES RE: PICCIDILLY SQUARE INC. PROPOSAL VAIL VILLAGE INN PHASE FOUR DATE: December 20, 1983 Mayor Slifer and Members of Council, I am James Cowperthwaite. My brother Kit and I represent Vail Village Inn Associates, the developer and majority owner of Vail Village Inn Phase III. We also represent the current property owners in Phase III in our capacity as officers of the Village Inn Plaza Condominium Association. We have nothing to do with the Applicant's development group. In fact, if things go as currently planned and Joe Staufer sells out his entire interest in the Vail Village Inn properties, we will wind up as the only remaining property owners in Special Development District 6 other than the Piccidiliy group itself. Hence our interest in resolving as much as possible before the project gets underway in earnest. During the past several months, we have followed Piccidilly's approval process with great care. We have listened closely to the deliberations of the Vail Planning and Environmental Commission as well as to those of this body. We have-had a number of discussions with Staff and the Applicant. Our interest is intense. We have very significant fiduciary responsibilities to many people. We are obliged to do the most thoughtful and best job we can for the members of our Condominium Association and for our partners in the development of Phase III. We also acknowledge a duty to the Town of Vail and its citizens to be good citizens ourselves. At this time we have determined to support conditionally Piccidilly's proposal. We believe that what remains of the venerable Vail Village Inn, including the Dairy Depot Building, should come down and make way for redevelopment. We agree with just about everything Joe Staufer and Fred Hillers' friends have had to say in favor of a new, elegant hotel facility. We think the inclusion of the Amoco corner into the Development District is, on balance, a good thing. If properly done, the successful completion of Phase IV will help everyone and hurt no one. Doing the job properly is what the following suggested conditions are all about. But before we get into them, we want to say a few things about Special Development District 6. SDD 6 started out as eight pages of prose and a schematic site plan approved by your predecessors seven years ago. It is now Village Inn Plaza, a twenty million dollar project comprising fine restaurants, beautiful stores, lovely homes as well as many hopes and dreams. What started out as a few seeds is now a garden. SDD 6 has become incarnate in the form of Phases I, II and III. Joe Staufer.and the Cowperthwaites, with help from an enormous number of other people, put flesh on the legal bones of SDD 6. It has been transformed into more than the stuff of a quickly passing view plain or ethereal first impressions for new visitors to Vail. So when SDD 6 is mentioned in your deliberations, we urge you to bring to mind not so much legal codes as a living, healthy human reality fully -2- representative of Vail's commitment to lasting, quality experiences for its residents and its guests. In the spirit of fairness, we also ask that the Council keep in mind one other thing. We built Phase III in strict conformity with the letter and spirit of SDD 6. We have submitted for your inspection a copy of a letter from the Town to our partner and fellow officer of our Condominium Association, Josef Staufer, which says as much. We did not deem its constraints as obsolete, imprecise or unworkable. We considered those constraints to be creative challenges worthy of respect. We relied and continue to rely on SDD 6 to provide the same creative constraints for the development of Phase IV. Now for the conditions we would like to see incorporated into Council's approval of the Applicant's proposal: 1. We think Piccidilly needs to come up with a better plan to provide vehicular access into the parking structures. As currently contemplated, the main access for cars would be off of the Frontage Road and down the existing ramp on the east side of Phase III. Drivers would then make their way through the security area on parking level 2, and park their cars. Later, they would exit onto Vail Road at the west end of the buildings. Cordon Pierce has suggested that the traffic flow could be reversed under certain circumstances such as at the end of a busy ski weekend. -3- The problem is that the existing ramp at the east side of Phase III has been designed and built as a secured, secondary entryway to a 29 unit condominium project and not as the principal access to a much larger complex containing an additional 185 hotel rooms and related amenities. The ramp in question is short, narrow and steep. In fact it goes down 17 feet in a mere 112 feet of horizontal travel. That computes to an average 15% grade which is over twice that of the approaches to the Eisenhower Tunnel. Because of these constraints, it is currently being used as a one-way-down driveway. Although the ramp features an electrical snow melt system, these things have a way of breaking down which could create disaster. Thus we suggest that Piccidilly provide an alternate, main access route into the complex as a condition of your approval. 2. Good progress has been made in scaling down the sheer bulk of the original buildings proposed. However,'there are still some architectural scars remaining from the semi-successful surgery performed on the original monster. We still think the main north building projects too far south into the plaza area. We also object to the height of the proposed, new Building V. Important views from at least eight of our condominium homes would be virtually obliterated. A reduction of one full story in the ridge line would significantly ameliorate this problem at a cost of a few vaulted ceilings in the proposed Building V. -4- Accordingly, as additional conditions to your approval, we request that the Applicant continue to use best efforts to reduce the massive thrust of the north building into the plaza area and cut a minimum of 10 feet off of the ridge line of the new Building V. 3. The Applicant wishes to amend SDD 6 to allow for more GRFA. We do not object in principle to some flexibility in this regard. However, to the extent that such extra GRFA would inhibit solutions to the problems of excessive bulk and crowding referred to in paragraph 2 above, we do object. The condition we would like to see imposed in this connection is that little or no additional GRFA be granted unless it can be contained in a less massive structure. 4. We remain vitally concerned with the question of architectural incompatibility between Phases I, II and III on the one hand and Phase IV on the other. We have received assurances from Gordon Pierce and Fred Hiller that the facade of Phase IV would be harmonious. However, architectural compatability involves a lot more than superficial facade features. Roof shapes and pitches, massing, landscape design, the preservation of the nooks and crannies that are part of the charm of Phases I, II and III, are all involved. We believe that the maintenance of architectural compatability is one of the most important mandates of SDD 6. It was SDD 6 that assured Joe Staufer -5- of functional and architectural harmony between Phases I and II on the one hand and Phase III on the other. We believe we are entitled to the same assurances. We are very loathe to leave such an important matter for design review consideration. We believe a proper procedure would be for Council to appoint the architects that designed the existing phases - namely Rill Ruoff and Ralph Santangelo - to rule on whether or not the Applicant has achieved functional and design compatibility. We suggest this as a fourth condition to your approval. 5. Council has already discussed a requirement whereby Applicant must present satisfactory evidence of its ability to complete construction of the hotel including the furnishing, equipping and landscaping of same. We wholeheartedly endorse this requirement. An uncompleted project at this most prominent of all Vail locations would be disasterous for the Town and have a tremendous negative impact upon existing phases and their occupants. A similar catastrophy would occur if the old Dairy Depot building were allowed to remain after the hotel were built. The new plaza would be intolerably cluttered and the enjoyment of all previous achievements would be significantly impaired. -6- We commend for your consideration a condition whereby Phase V be abandoned. There should only be one phase, Phase IV. Phase IV would include the proposed new Building V. The critical path for construction would have provisions to allow current tenants of the Dairy Depot building to temporarily relocate before construction starts on the new Building V. The Applicant's presentation of evidence of ability to complete construction should include ability to complete Building V as well. One Building Permit only should be bought and paid for and one final Certificate of Occupancy should be issued. The above list of suggested conditions to your approval does not pretend to be exhaustive. They are the best we can do at this time. We continue to rely on you, Members of the Vail Town Council, to make the best and wisest decisions you can. In this regard, we commend to you almost all of the recommendations of the Town Staff. Dick Ryan and his colleagues have done a thorough, thoughtful job to date and we applaud them. We want Phase IV to happen. Fred Hiller and his people need your approval now,4so that critical steps in the development time-table not be missed. We have been told that delays in gaining your conditional approval could result in the failure of the Applicant's project to move forward. That is an unpalatable possibility and we therefore urge you to grant approval now subject to the conditions outlined above together with those developed by Staff over the past months. Thank you. -7- 9 ,yl t ton of Vail box 100 department of community development vail, colorado 81657 (303) 476-5613 April 3, 1980 Joe Stauffer 68 East South Frontage Rd. Vail, Colorado 81657 RE: Phase III, Vail Village Inn Dear Joe: This letter is to confirm that Phase III of the Vail Village Inn Special Development District complies with all the requirements of the Special Development District and the Zoning Ordinance of the Town of Vail. Phase III has.also.been reviewed and approved by the Planning and Environmental Commission, the Town Council, and the Design Review Board of the Town of Vail. Sincerely, da, 9, James A. Rubin Zoning Administrator JR:df ;AIKEN KRAMER & CUMMINGS INC FC ;1 KAISER PLAZA SUITE 550 7A s AKLAND CA 94612 19AM ® ® o 4 0 469 35 S353003 1 2/ 19/83 ICS IPMRNCZ CSP GLWA 2 4158346800 MGM TDRN OAKLAND CA 12 19 0442P EST D ROD SLIFER MAYOR TOWN OF VAIL 75 SOUTH FRONTAGE RD VAIL 00 81658 THIS IS A CONFIRMATION COPY OF A TELEGRAM ADDRESSED TO YOU.* THIS FIRM REPRESENTS SHORTSTOP WHICH AS LESSEE OPERATE THE FOOD AND DELI AT VAIL VILLAGE INN. WE ARE ADVISED A PLAN IS BEFORE THE COUNCIL OR THE REDEVELOPMENT OF THIS PROPERTY. ON NOVEMBER 189 1983 MR FRED HILLER AS DEVELOPER AGREED TO SEND TO JOHN ROSCOE AS PRESIDENT OF SHORT STOP A COPY OF THE PLAN. HE HAS NOT DONE SO. SHORTSTOP HAS A. LEASE ON THE PREMISES WHICH WITH OPTIONAL PERIODS RUNS TO JULY 319 2001 SHORTSTOP H@S A VERY SUBSTANTIAL INVESTMENT IN THIS BUSINESS. WE ARE ADVISED TODAY ORALLY BY JOSEPH STAUFER THAT PHASE IV THE FIRST PHASE OF THE PLANNED DEVELOPMENT WILL NOT ADVERSELY AFFECTED THE PARKING OR ACCESS FOR OUR STORE OR ITS VISABILITY FROM THE STREET WE WOULD LIKE THE OPPORTUNITY TO VERIFY THAT BEFORE YOU PROCEED TO TAKE ACTION ON THE PROPOSED DEVELOPMENT. FRED CUMMINGS AIKEN KRAMER & CUMMINGS INC 4158346800 1 KAISER PLAZA SUITE 550 OAKLAND CA 94612 1656 EST MG M CO MP MG M I~ V p r 7 V n~ TO REPLY BY MAILGRAM MESSAGE, SEE REVERSE SIDE FOR WESTERN UNION'S TOLL - FREE PHONE NUMBERS TO REPLY 3Y M A I L C R A M IViESSAGE, Ph0NE VVEST i i!! UN10i\1 L`NYT!ME, Dian OR NIGH-I'i: FOR YCIJR LOCAL NUIVISER, S 7E TYc VV'-IiTE ?AGES OF.VOUR LOCAL -.EL=?HONE DI SEC ORY O~ DIAL, (i OLL-E;.EE) 800-257-224.7 OR DIAL WESTERN UNION'S COiViPUTER DIRECTLY: S' / 2- . it irk ~ i 14-046935 S 35 : - -75 - v 3 S uth Ptcontage-- Read, Vcu.t, CO 8_165T' f This, Aitm teptezents SHORTSTOP, which-as Ze~ssee, vpetates a Avvd and de.U at Va it V,i,Uage, Inc. STOP. We ane advi/,.ed of f a -plan -be6oxe. the Cvuncii o4 -the %edeveeopment o4 this - pupenty. STOP. On Nvvemen 18, 1983, Mt. Ftced HiUen,1 f ats the deveeopert,agnee o tend to.John Roscoe, ass . ptce,sd ievrt ob SHORTSTOP; a copy o4 the plan. STOP. He haz- not done- do. - STOP.. Shots 6top- ha/s a- t ears e on the pnemi6es which with op-ti.onat pehiods xuws to Juty 31, 2001. Shots ztop -ha-s a very, zub/stamUat investment in thiz bus ine s,s.. STOP. We atce a.dva ed today otcaUy f by Joseph-StauAelc that _Phase 4, the _JiAzt ph"e, v~ the I planned de e e.o pmewt, w.i,P',~ not adv. eAz e2y any f ee t the . _ _ _ pattking otacce~sz 6vtc-oun_s tote otL its vZsibitity ~tLom ( the /street. STOP. We -would tike the oppotr pity to - veAxjy that be6oAe you ptLoceed_to take action on the ptcopozed deveeopment. Sig ne.d, Ftc.ed Cumming,5 Aiken, K,%ame c, and CuminingS P- I vie. - - 1 Ka ins etc. Ptaza Su ite 550 - { Oak and CA 94612 - (415) 834-6800 - j t - - - 1~ - I ~I Atler, Zall and Ha 8iu an A Professional Corporation Please reply to: Attorneys at Law December 15, 1983 P.O. Box 4587 VIA EXPRESS MAIL Englewood, Colorado 80155° IBC l-- Z Noah A. Atler 644FFW"' f/ Ronald I. Zall Edward I. Haligman lJ Jon M. Zall Alan B. Lottner Richard I. Brown Mr. Peter Patten James P. Gregory Town o f Vail A. Craig Fleishman Louis M. Quirk Planning Department Rick J. Rubin 75 South Frontage Road Todd J. McNamara Vail, Colorado 81657 Richard J. Saul Anthony J. Rechlitz II Marshall H. Fishman Re : Vail Associates Re-development Plan Jon F. Sands for Vail Village 5th Filing Robert G. Levine David J. Rubin Scott L. Levin Dear Mr. Patten: James L. English Amy L.Durfee This will confirm our telephone conversation of December 15, 1983. As you are aware, we represent the Northwoods ' Max P. Zall Homeowners Association with respect to a certain re- of Counsel development plan filed by Vail Associates with respect AzH to Vail Village 5th Filing, and presently pending be- File No. fore the Town Council. It is our understanding that the re-development plan provides for "potential underground parking" underneath the tennis and/or volleyball courts to the southeast of the main building. In our telephone conversation, you stated unequivocally that the provision for such poten- tial underground parking, as provided in the re-develop- ment plan, does not in any way constitute a waiver of any conditional use or other requirements normally im- posed by the Town of Vail for the development of property. In fact, that portion of the re-development plan only states the present master plan of Vail Associates for that property and it does not constitute either a re- quest by Vail Associates for approval of such plan or approval of such plan by the Town of Vail. The document is advisory and anticipatory in nature rather than final and binding on any party. We have been advised by our client, and wish to put the Town of Vail on notice,-that Northwoods would object to the approval of any such underground parking in the lo- cation shown on the re-development plan. The reasons for such objection are numerous and include the following: (1) current road access to the site is not adequate to handle the increased traffic flows which would re- sult from additional parking; { (2) increased traffic in the area would significantly 7887 E. Belleview, site 700 ! alter the present residential character of the neighborhoods, Englewood, Colorado 80111 i Telephone (303) 850 -7887 Telecopier (303) 850 -7667 Atler, Zall and Hahgman A Professional Corporation Attorneys at Law Mr. Peter Patten December 15, 1983 Page Two and would substantially and adversely impact those neighborhoods by increasing traffic, noise, pollution and safety hazards; (3) more appropriate locations for such parking are available in closer proximity to Interstate 70, and the selection of any such locations would confine the adverse affects created thereby to areas which have already been impacted by substantial traffic. Please see that this letter is brought to the attention_ .of the Town Council prior to the final hearing on the aforesaid re-development plan for Vail Village 5th Filing. If you have any questions regarding this matter, please do not hesitate to contact the undersigned. - Sincerely yours, ATLER, ZALL AND HALIGMAN a Professional Corporation By Louis M. Quirk LMQ:rjg CC: Mrs. Jane Carpenter Charles H. Cowperthwaite, Esq. Kevin Conwick, Esq. Donald Baker, Esq. LATHAM & WATKINS ATTORNEYS AT LAW 555 SOUTH FLOWER STREET CHICAGO OFFICE LOS ANGELES, CALIFORNIA 90071-2466 SAN DIEGO OFFICE SEARS TOWER,SUITE 6900 TELEPHONE (213) 4$5-1234 701 "B" STREET, SUITE 2100 CHICAGO, ILLINOIS 60606 CABLE ADDRESS LATHWAT SAN DIEGO, CALIFORNIA 92101-8197 TELEPHONE (312) 876-7700 TWX 910 321-3733 TELEPHONE 16191 236-1234 TELECOPIER 1312) 993-9767 TELECOPIER (213) 680-2098 TELECOPIER (619) 239-3624 TWX 910 221-0355 PAUL R. WATKINS 11899-19731 WASHINGTON. D.C. OFFICE NEWPORT BEACH OFFICE DANA LATHAM (1896-19741 1333 NEW HAMPSHIRE AVE.,N. W.,SUITE 1200 660 NEWPORT CENTER DRIVE,SUITE 1400 WASHINGTON, D.C. 20036-1594 NEWPORT BEACH, CALIFORNIA 92660 TELEPHONE 1202) 828-4400 TELEPHONE (7141752-9100 December 16, 1983 TELECOPIER (202) 828-4415 TELECOPIER (714) 759-8891 TWX 710 822-9375 VIA EXPRESS MAIL Mr. Rod Slifer Mayor Town of Vail 75 South Frontage Road Vail, Colorado 81657 Re: Vail Associates Redevelopment Plan for Vail Village, Fifth Filing Dear Mr. Slifer: I am writing this letter on behalf of my clients who are owners of Units D-7, D-13, E-10 and E-11 in North- woods Condominiums to make you aware of their position concerning the redevelopment plan filed by Vail Associates with respect to the Vail Village, Fifth Filing. We under- stand that this matter is presently pending before the Town Council. It is my clients' position that under no circum- stances should any parking, including underground parking, be permitted in the area of the existing underground ski club facility to the southeast of the main building. Any parking garage in this location, whether underground or surface, poses the threat of serious traffic problems on Vail Valley Drive and would create traffic noise and con- gestion in what was formerly a scenic, open space area. If additional public parking is required, we are sure that other more appropriate sites are available nearer to the Frontage Road which could accommodate any need for additional parking. My clients feel strongly about this matter since several of them purchased their units in reliance upon representations by Vail Associates that the area immediately adjacent to Northwoods would remain undisturbed open space and would not be developed in any manner other than with the LATHAM & WATKINS Mr. Rod Slifer December 16, 1983 Page Two existing underground ski club building and related recrea- tional facilities. Should Vail Associates now choose to breach that understanding, my clients would have no choice but to pursue all appropriate legal remedies to enforce their rights. We have reviewed the letter to Mr. Patten dated December 15, 1983 from Lewis M. Quirk and endorse the position taken in that letter on behalf of the Northwoods Homeowners Association. Please bring this letter to the attention of the Town Council prior to the final hearing on the redevelopment plan for the Fifth Filing. Thank you for your consideration. Respectfully submitted, Donald P. Baker of LATHAM & WATKINS CC: Peter Patten Robert Parker Z. Jane Carpenter Louis M. Quirk (C? _w = J CENTENNIAL ENGINEERING INC `(303) 420-0221 OFFICE LOCATION; 15000 WEST 64TH AVENUE ARVAOA, COLORADO .-MAILING AOORESS: R. O. DRAWER 1307 ARVAOA, COLORADO 60001 - December 15, 1983 Mr. Fred Hiller -.Box 3863 -Vail, Colorado- 81657 Re: Vail Village Inn CEI #388.00 Dear Mr. Hiller: Attached is our report concerning the traffic impacts of the proposed Vail Village Inn development. In general, we have found that the changes in traffic volumes would be very minor. Neither the increased use nor the changes in traffic orientation would have a significant effect on traffic at the intersection of Vail Road and South Frontage Road. - We are recommending that adequate right-of-way be reserved for an additional lane on northbound Vail Road. This will be necessary if this intersection is signalized. On South Frontage Road, the deceleration lane in front of the project should be extended west. This will reduce friction created by the new entrance. Please call if you have any questions. Very truly yours, CENTENNIAL ENGINEERING, INC. >erry C. orter, Director of Transportation Engineering 1\ 1111 I i i! 1! 1 I 1 DC 8 P j g `Q.061ST ~ o~(~~ i 16087 W':, LnCam' NALS OFFICES IN CASPER, WYOMING GLENWOOD SPRINGS 6 FT. COLLINS, COLORADO + TRAFFIC IMPACT STUDY For VAIL VILLAGE INN DEVELOPMENT Centennial Engineering, Inc. has reviewed the proposed Vail Village Inn development at the southeast corner of the intersection at Vail Road and the South Frontage Road. The development proposed would replace an existing highway-oriented motel, restaurant, and service station with a destination, resort-oriented hotel and restaurant. To offset the closing of the Amoco Service Station, additional pumps will be added to the Standard Service Station on the southwest corner of the, intersection. Existing commercial space in the southern part of the complex will be replaced in-kind. Table I shows the vehicular trip generation for the uses which will be replaced. This table also shows the proposed new facilities and their trip generation. Traffic is shown on a daily basis as well as for the morning and evening peak hours. The following descriptions of current and proposed facility sizes and usage is based on discussions with the developer. ° The Amoco Service Station which has 16 pumps will be removed, and 8 pumps will be added to the Standard Service Station across Vail Road. ° The Village Inn Restaurant, whose seating capacity is approximately 110 seats, will be replaced by a 120 seat, quality restaurant. The Village Inn is a high-turnover type restaurant more oriented to serving vehicular traffic along the Frontage Road and I-70. ° The existing 64 unit motel will be replaced by 185 higher quality units more oriented to the Vail destination resort skier. The manager of the current motel states that approximately 50 units are used nightly by travelers along I-70. Comparisons of current and future traffic generation shows that traffic will decrease with the proposed development, with the exception of morning inbound traffic which increases slightly. Figures 1 and 2 show recent morning and evening turning movement counts at the intersection of Vail Road and South Frontage Road. The southbound and eastbound approaches are currently congested. The proposed development will have a one-way orientation for access and egress. Traffic will enter the parking garage from South Frontage Road at the existing driveway east of the redevelopment area. Outbound traffic will exit onto Vail Road south of the current service station. Figures 1 and 2 also,show future peak hour traffic, resulting from the changed use and reorientation of access and egress. Comparisons of current and future volumes show that any increases would be very minor and that certain turning volumes would actually decrease. Overall, these traffic shifts would have a negligible effect on traffic operations at the intersection. However, closing the current access points which are very close to the intersection is a positive measure that will improve traffic operations. Such an improvement would be more noticeable if the intersection is signalized. There are two specific recommendations for this project.. First, adequate right-of-way should be reserved on the northbound approach of Vail Road to allow future widening for a left turn lane if the intersection is signalized. The lane would provide storage for two vehicles (50 feet long) with adequate tapers. Secondly, the deceleration lane along South Frontage Road should be extended west to the vicinity of the Amoco Station driveway. This will allow adequate deceleration distance for vehicles stopping at the passenger loading area. It will also allow these vehicles to proceed to the entrance driveway without interfering with through traffic on South Frontage Road. TABLE 1 -4 TRIP GENERATION Existing Business Which Will Be Replaced Vehicular Trip Generation Morning Peak Hour Evening Peak Hour Use Size Daily Inbound Outbound Inbound Outbound Amoco Service Station 16 pumps 750 11 10 13 12 Village Inn Restaurant 110 seats 670 10 5 26 14 Village Inn Motel 64 units 650 31 16 21 21 Total Vehicular Trips 2,070 52 31 60 47 Proposed Businesses or Changes to Existing Businesses Vehicular Trip Generation Morning Peak Hour Evening Peak Hour Use Size Daily Inbound Outbound Inbound Outbound Destination Hotel 185 units 939 45 23 30 30 Restaurant 120 seats 280 4 2 11 6 Standard Service add 8 Station pumps 375 .6 5 6 6 Total Vehicular Trips 1,5941 55 30 47 42 FIGURE 1 Morning Peak Hour Traffic Legend: 1983 Volumes (Future Volumes) o It N N It - N CO v v v O 0) t0 N r M ce) 99 (93) 111 (101) 59 (59) 96 (101) S. Frontage 168 (173) Road ~ 60 (58) 0 co CO v CO v v ~ CO O m CL FIGURE 2 Evening Peak Hour Traffic Legend: 1933 Volumes (Future Volumes) a~ Co CO r Cv CV v v d C7 r CV r r N 313 (296) 169 (162) 86 (86) 291 (295) S. Frontage 215 (213) Road CO 51 (47) 0) ^ ul CV CO C m O CO CL