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HomeMy WebLinkAbout2017-08-01 Agenda and Supporting Documentation Town Council Regular MeetingVAIL TOWN COUNCIL REGULAR MEETING Evening Agenda Town Council Chambers 6:00 PM, August 1, 2017 TOM Of UAJt Notes: Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council will consider an item. Public comment will be taken on each agenda item. Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town services, policies or other matters of community concern, and any items that are not on the agenda. Please attempt to keep comments to three minutes; time limits established are to provide efficiency in the conduct of the meeting and to allow equal opportunity for everyone wishing to speak. 1. Citizen Participation 2. Consent Agenda 2.1. June 6, 2017 Town Council Meeting Minutes 2.2. June 20, 2017 Town Council Meeting Minutes 2.3. June 27, 2017 Town Council Meeting Minutes 2.4. June 28, 2017 Town Council Meeting Minutes 3. Town Manager Report 3.1. Chamonix Neighborhood Project Update (verbal report) 4. Presentations / Discussion 4.1. Red Sandstone School Parking Structure Project Presenter(s): Greg Hall Action Requested of Council: The staff has requested the town council to address the following: • Provide direction on the additional design components of the project • Expansion ability additional floors • Space Conversion ability • Design emphasis on Photo Voltaic or architectural and landscaping components • Direct the Town Manager to submit the plans to Vail Resorts in accordance to the Parking Investment Agreement • Provide input and direction on the Development Agreement with Eagle County School District 5 min. 30 min August 1, 2017 - Page 1 of 514 • Submit formal applications to Planning and Environmental Commission for an amendment to a Conditional Use Permit and Retaining Wall Height Variance • Submit formal application to the Design Review Board for project approval • Authorize the Town Manager to negotiate a construction contract with Haselden Construction to bring back to the Town Council for approval Background: On May 2 the Town Council directed staff to enter into a pre development agreement to further explore building a 160 car four story parking structure on the Red Sandstone School site with Eagle County School District. The design has been advanced to the schematic design level. Staff Recommendation: Staff recommends the Town Council continue to pursue the four level structure. In addition, the Town Council should take action on the items listed above. 4.2. Short Term Rental Community Input and Policy Considerations 60 min. Presenter(s): Chris Cares, RRC and Associates and Kathleen Halloran, Finance Director Action Requested of Council: Provide feedback regarding any policy considerations that Council would like to pursue. Staff will return on September 5th with any additional information or proposed policy changes. Background: On June 20th and July 11th the town hosted public listening sessions, conducted an online survey and made presentations to a number of stakeholder groups. Tonight's presentation includes the results of gathering community input, a comparison of town practices to peer resorts and proposed policy considerations for Town Council. 5. Action Items 5.1. Ordinance No. 10, Series of 2017, First Reading, An Ordinance Repealing 10 min. and Reenacting Section 5-1-6 of the Vail Town Code, Concerning Noxious Weed Management and Enforcement Presenter(s): Gregg Barrie, Senior Landscape Architect Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 10, Series of 2017 upon first reading. Background: Pursuant to C.R.S. §§ 35-5.5-106 and 31-15-401, and its home rule authority, the. Town is empowered to regulate the presence, management and control of noxious weeds on any lands under its jurisdiction, to declare the existence of any such noxious weeds as a public nuisance, and to provide for and compel the removal of such noxious weeds. This Ordinance will update the Town's current regulations addressing noxious weeds. Staff Recommendation: Approve Ordinance No. 10, Series of 2017 upon first reading. 6. Public Hearings 6.1. Ordinance No. 9, Series of 2017, First Reading, An ordinance establishing 90 min. Special Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 12 dwelling units with 15 attached accommodation units (lock -offs), 19 August 1, 2017 - Page 2 of 514 accommodation units and 10 employee housing units, located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5 and setting forth details in regard thereto. Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 9, Series of 2017, upon first reading. Background: The applicant, Lunar Vail LLC, represented by Mauriello Planning Group, is requesting a first reading of Ordinance No. 9, Series of 2017, an ordinance establishing Special Development District No. 42, pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 12 dwelling units with 15 attached accommodation units (lock -offs), 19 accommodation units and 10 employee housing units (EHUs), located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5. Staff Recommendation: On June 12, 2017 the Town of Vail Planning and Environmental Commission (PEC) held a public hearing on the request to establish SDD No. 42, pursuant to the requirement of Section 12-9(A), Vail Town Code. At the conclusion of the public hearing, the PEC voted 4-3 (Gillette, Perez and Rediker opposed) to forward a recommendation of approval, with conditions, to the Vail Town Council. 6.2. Appeal of Planning and Environmental Commission Decision (Gasthof Gramshammer) 30 min. An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the final decision of the Town of Vail Planning and Environmental Commission on June 26, 2017, denying a request for a variance from Section 12-7B- 16, Landscaping and Site Development, Vail Town Code, to allow for a reduction in landscaping area, located at 231 Gore Creek Drive / Lot A, Block 5B, Vail Village Filing 1, and setting forth details in regards thereto. (TC 17-0002) Presenter(s): Matt Panfil, Planner Action Requested of Council: The Town Council is asked to hold a public hearing on the appeal. Background: The applicant was required to provide landscaping as part of their 2016 remodel, however the landscaping has not been installed. The applicant requested a variance to the landscaping requirement, which request was denied by the Planning and Environmental Commission. Staff Recommendation: The Community Development Department recommends that the Town Council deny the appeal, and require the applicant to install the landscaping as originally planned. 6.3. Ordinance No. 6, Series of 2017, Second Reading, an Ordinance rezoning 5 min. Lot 2E and Lot 2E-1, Block 1, Vail/Lionshead Second Filing, from Lionshead Mixed Use 1 (LMU-1) District to the General Use (GU) District, and rezoning Lot F-1, Vail Village Second Filing Lot E and F, Lot 2E Vail/Lionshead, Second filing, Block 1, a Resubdivision of Lot 2, from General Use (GU) District to Lionshead Mixed Use 1 (LMU-1) District, located at 180 and 250 South Frontage Road West, and setting forth details in regard thereto. (PEC17-0015) Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 6, Series of 2017, upon second reading. August 1, 2017 - Page 3 of 514 Background: On June 26, 2017, the Planning and Environmental Commission approved a final plat, pursuant to Title 13 Chapter 4, Minor Subdivisions, Vail Town Code, to allow for the re- subdivision of Lot F, Vail Village Second Filing and the creation of Lot F-1. A the same meeting, the Commission approved a final plat, pursuant to Title 13 Chapter 4, Minor Subdivisions, Vail Town Code, to allow for the re -subdivision of Lot 2W, Block 1, Vail Lionshead Second Filing, and the creation of Lot 2E-1. The proposed rezonings will allow for the Development Lots of the Vail Valley Medical Center and the Evergreen Lodge to have consistent zoning designations. Staff Recommendation: On June 26, 2017, the Planning and Environmental Commission unanimously forwarded a recommendation of approval to the Vail Town Council for a zone district boundary amendment. 6.4. Ordinance No. 7, Series of 2017, Second Reading, an Ordinance for a 5 min. prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-10-19 Core Areas Identified, Vail Town Code, to include Lot F-1 in the Commercial Core Area for parking regulations purposes, located at 250 South Frontage Road West/Lot F-1, Vail Village Second Filing, and setting forth details in regard thereto. (PEC 17-0023) Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 7, Series of 2017, upon second reading. Background: The applicant is proposing to alter the Core Area Parking Map II, Lionshead, to include Lot F-1 within this mapped area. Altering the map will place the entire Evergreen Lodge Development Lot within the Commercial Core Area, ensuring that there is one set of consistent parking regulations in place for future redevelopment of the site. Staff Recommendation: On June 26, 2017, the Planning and Environmental Commission unanimously forwarded a recommendation of approval to the Vail Town Council for a prescribed regulation amendment to include Lot F-1 in the Commercial Core Area for parking regulations purposes, located at 250 South Frontage Road West/Lot F-1, Vail Village Second Filing. 7. Adjournment 7.1. Adjournment at 10:20 p.m. Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website www.vailgov.com. All town council meetings will be streamed live by High Five Access Media and available for public viewing as the meeting is happening. The meeting videos are also posted to High Five Access Media website the week following meeting day, www.highfivemedia.org. Please call 970-479-2136 for additional information. Sign language interpretation is available upon request with 48 hour notification dial 711. August 1, 2017 - Page 4 of 514 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: June 6, 2017 Town Council Meeting Minutes ATTACHMENTS: Description June 6, 2017 Town Council Meeting Minutes TOWN IfO August 1, 2017 - Page 5 of 514 Vail Town Council Meeting Minutes Tuesday, June 6, 2017 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Kim Langmaid Greg Moffet *Jen Mason absent Patty McKenny, Acting Town Manager Matt Mire, Town Attorney Tammy Nagel, Deputy Town Clerk 1. Citizen Participation Doug Lovell and Chris Jarnot with Vail Resorts were pleased to inform council of Vail Resorts support for the use of the $4.3 million parking capital investment to be used towards the Red Sandstone School joint parking project. 2. Appointments for Board and Commissions 2.1. Vail Local Housing Authority Appointment Presenter(s): Dave Chapin, Mayor Action Requested of Council: Motion to reappoint Francisco Meza to VLHA. Background: The Town Council appointed Francisco Meza to the VLHA in February to serve a term due to a resignation, a term which ended May 31, 2017. Mr. Meza is interested in continuing to serve on the VLHA for the new term of five years, ending in May 2022. Since the interview process was recently conducted, it is suggested to reappoint the current member to serve this next term. Bruno made a motion to reappoint Francisco Meza to the Vail Local Housing Authority; seconded by Moffet; approved 6-0. 3. Consent Agenda 3.1. Request to Award Construction Contract to SHC Landscape in the Amount of $33,099.63 for the Vail Village Riparian Buffer Planting Project. Background: The Vail Village Riparian Buffer Planting project includes the addition of plantings in multiple areas between Vail Valley Drive and the International Bridge. Areas include section of the Village Streamwalk, the bank behind the Row Houses, at the confluence of Mill Creek and Gore Creek, the hillside behind Austria Haus and the turf area behind Village Center. Moffet made a motion to approve the consent agenda; seconded by Foley; approved 6-0. Town Council Meeting Minutes of June 6, 2017 Page 1 August 1, 2017 - Page 6 of 514 4. Town Manager Report 4.1. Summer Data Collection, Parking and Enhanced Bus Service Updates Presenter(s): Greg Hall, Public Works Director Hall reported the enhanced summer bus services began on Memorial Day with doubling of peak service on East Vail, Golf Course and Sandstone routes. Bus usage is up 22% thus far with the biggest increase of riders on the Sandstone route. Hall stated the summer parking data collection was going well and he would return to council with more information on a later date. 5. Presentations/Discussion 5.1. CSE Strategic Plan update per the five year plan guidelines. The CSE voted to adopt the plan on May 3, 2017. Presenter(s): Barry Davis and Mark Gordon, CSE Action Requested of Council: Approval or Approval with Amendments Background: The CSE determined that the previous 2013-2017 Strategic Plan provided a comprehensive and relevant foundation from which to adapt and update the new plan. Barry Davis, CSE Chair and Mark Gordon, CSE Co -Chair, presented the updates to the CSE Strategic Plan. The 2018-2022 Strategic Plan key updates include the following: • Clarification and definition of event category types — Community, Recreational & Cultural and Education & Enrichment. • Detailed scorecards for both categories. • Enhanced CSE strategic direction including providing additional guidance to event producers. • More specific requirements for producer deliverables, such as the marketing checklist and event recap. • Revised list of critical success measurements including tools for objective evaluation criteria. • Commitment to requiring environmental sustainable event practices. Cleveland made a motion to approve the CSE updates to the Strategic Plan; seconded by Moffet; approved 6-0. 5.2. 2016 Financial Audited Financial Statements for the Town of Vail Presenter(s): Kathleen Halloran, Finance Director and Michael Jenkins, McMahan and Associates Action Requested of Council: The 2016 audited financial statements are presented for Council information; no action requested. Background: In accordance with section 9.11 of the Vail Town Charter, an independent audit shall be made of all town accounts at least annually. The audit shall be conducted by certified public accountants and copies made available for public inspection at the municipal building. The 2016 audit was conducted by McMahan and Associates, LLC. Halloran reviewed the highlights of the 2016 financial statements. Halloran explained government entities are required to report financial statements in two types of reports so regardless of the background of the reader they can understand the material. A Government Wide Statement provides a broad overview similar to a private sector business, including capital assets and long-term debt on a full accrual basis. The Fund Statement provides financial Town Council Meeting Minutes of June 6, 2017 Page 2 August 1, 2017 - Page 7 of 514 transactions for specific activities or governmental functions; focus on near-term inflows and outflows and spendable balance. 2016 the Town's assets exceed liabilities of $229.7M and over half of that amount are the Town's capital assets. The remaining amount is the Town's reserves; $2.0M TABOR; $14.5M restricted and 79.1M unrestricted. In 2016 the Town increased its net position by $12.5M. The General Fund came in favorable to budget by $3.7M; $1.3 came in from additional revenue collected (parking and lift tax); and $2.4M in savings on expenditures. Capital Projects Fund managed $12.2M in projects; which came favorable to budget by $19.8M. The RETT Fund came favorable to budget at the end of 2016 by $6.9M. Michael Jenkins, McMahan and Associates, LLC, informed council the Town received an unmodified clean audit opinion; which is the highest level of assurance the Town's financial reporting is correct. 5.3. Colorado Snowsports Museum and Hall of Fame Capital Project Update Presenter(s): Susie Tjossem, Executive Director, Colorado Snowsports Museum and Hall of Fame Action Requested of Council: Provide staff with direction regarding the amount and timing of the town's contribution toward this project. Background: In 2016, Town Council approved a $500,000 capital contribution to the renovation of the Colorado Snowsports Museum and Hall of Fame. Since that time, construction bids came in higher than anticipated. The Museum is presenting an update of costs and cash flow projections for the project. Staff Recommendation: Provide staff with direction regarding the amount and timing of the town's contribution toward this project. Susie Tjossem, Executive Director of the Colorado Snowsports Museum and Hall of Fame, requested confirmation from council regarding the town's $500,000 contribution and when the contribution would be made available for the museum to use. Tjossem reviewed the revised $1.3M renovation costs for the museum. The revised plan includes a remodel of the airlock entry into usable exhibit space, moving the entry to align with visitor flow patterns, eliminating the aged drop ceilings, moving and remodeling the 24 year old bathrooms and kitchen (ADA compliant) and moving the gift shop space. Tjossem explained that given the current construction estimate, the town's $500,000 now represents 37% of construction related costs which is 3% less than the pro -rata established during 2016 Budget. If the Town of Vail contribution was increased by $40,562 the 40/60% pro -rata would be preserved. Tjossem felt this could be accomplished, in part, by eliminating $31,950 in TOV Building Permit and Plan review fees. Most council members agreed to the contribution of $500,000 and said no to waiving building permit fees. Council requested a statement be provided reflecting written donations and bank finance before giving the $500,000 contribution. Additionally, council requested the museum enter into a lease with the Town prior to releasing funds. 5.4. Overview of Big Horn Road and Intermountain South Frontage Road Overhead Power line to underground conversion project Presenter(s): Greg Hall Director of Public Works Action Requested of Council: The Town Council is being asked to provide direction to the staff and Holy Cross Energy regarding underground projects. The staff has posed options which the staff would like direction on at this time. Background: The 1999 Town of Vail 20 year Franchise agreement with Holy Cross Energy allowed for the collection of an additional 1% of gross revenues to be placed into a Community Town Council Meeting Minutes of June 6, 2017 Page 3 August 1, 2017 - Page 8 of 514 Enhancement Fund. To date the Town of Vail has received $ 2,682,964 of which $ 1,612,868 has been used exclusively for the undergrounding of overhead powerlines. There are nearly 7 miles of overhead lines still within the Town of Vail. The town received $ 196,407 in payment this past year. The Big Horn Road and Intermountain South Frontage Road projects are on a high priority list of projects to be completed. Staff Recommendation: Staff recommends the Town Council pursue first the phasing option, and if phasing is not possible the town lends itself the shortfall to be paid back with future enhancement fund payments. Staff would return to council based on this direction and once bids are received based on engineered plans later this year to award the construction contract. Hall reviewed the Holy Cross Energy undergrounding of power lines projects: Big Horn Road and Intermountain South Frontage Road. The Big Horn Road project was started eight years ago and has been incrementally completed as funds allowed. The Town staff has been working to secure the remaining funds to complete the remaining 3300 feet of lines. The estimated cost to complete this project is $1,023,500.00. The Intermountain South Frontage Road project has 4200 feet of line and Holy Cross selected to follow the existing line. The estimated cost to complete South Frontage Road project is $1,129,500.00. The town has funds to complete one of the projects this year and it would take approximately 5 years to collect funds to complete the next project. Council asked if staff had spoken with the two neighborhoods to inquire about possible cost -share. An Intermountain resident addressed the council in support of the undergrounding of electrical lines in her neighborhood. Council directed staff to pursue a phasing plan for the two Holy Cross projects. 5.5. Stephens Park Discussion about Dogs Off Leash Presenter(s): Gregg Barrie, Project Manager Action Requested of Council: Provide staff with direction in regards to the issue of dog waste in the park Background: This need for a discussion of the multi -use nature of the off leash dog area of Stephens Park has been raised due to the excessive dog waste not being removed by dog owners . Stephens Park is a neighborhood park located in the Intermountain neighborhood. In 2004 an area of the park was designated as an off -leash area for dogs. It is a very popular and heavily used area by users from Vail and beyond. Two current issues in the park warrant discussion 1) the park is a multi -use neighborhood park and 2) excessive dog waste. Staff Recommendation: Staff recommends that a neighborhood meeting at the park should be the first step in resolving the issues outlined above. Proper notice should be provided, and several staff and council members should plan to attend. Barrie spoke with council concerning year around excessive dog waste being a problem at Stephens Park. The park is a multi use neighborhood park that allows dogs to be off the leash while the animal is within the turf area. The park can become very busy with not just the neighborhood residents but also drivers stopping at the park as they are passing through town on 1-70. The off -leash area at the park had been put on suspension in previous years due to accumulation of dog waste. Barrie suggested advertising a community meeting to educate and discuss the problems before suspending the use of the off leashed area. Town Council Meeting Minutes of June 6, 2017 Page 4 August 1, 2017 - Page 9 of 514 Bill Suarez, Vail resident, expressed concern if the off -leash area was suspended at Stephens Park the problem would move to Big Horn Park in East Vail. Suarez asked if there could be a designated off -leash area at Donovan Park. Council agreed with hosting a community wide outreach on June 20 to educate park users and to provide them with tools to help enforce waste cleanup. Neighborhood watch would be encouraged. 6. Action Items 6.1. First reading of Ordinance No. 4, Series of 2017, an ordinance for a prescribed regulations amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12 of the Vail Town Code with the addition of a new Chapter 26, Transportation Impact Fee. Presenter(s): Tom Kassmel, Town Engineer and Chris Neubecker, Chief Planner Action Requested of Council: Approve, amend or deny on Ordinance No. 4 Series 2017 on first reading. Background: In 2016, the Town of Vail hired the consulting firm TischlerBise to develop an updated transportation impact fee. The impact fee is proposed to codify the current traffic mitigation fee to help fund future transportation related projects identified in the Vail Transportation Master Plan. The proposed fee will be applied in all zone districts, and will require developers to pay their proportional share for the necessary transportation infrastructure improvements that are directly related to the impacts created by the new development. Staff Recommendation: Approve Ordinance No. 4 Series 2017 on first reading. Neubecker reviewed the ordinance with council explaining the proposed transportation impact fee would apply to new developments, including creation of any new residential dwelling units, or any new commercial floor area. The fee would not apply to residential remodels where no additional units are added, or to commercial remodels that do not increase square footage. This new fee would be paid by the owner or developer, and would be collected by the Community Development Department at the time of issuance of a building permit. Revenues from this fee would be used by the Town of Vail for new transportation related infrastructure projects that are necessary due to the increased traffic from the incremental new development. Council questioned if adopting impact fees in the categories of accommodation unit and commercial square feet would be a bad policy since these types of units already pay sales tax. Additionally, Council suggested adding a fee for core area single family and reduce the noncore area fees as to reflect the same fees as the core area. Mark Berman, with Vail Board of Realtors, stated his board opposes the impact fees and would prefer the town elections to fund infrastructure projects for greater equity. Council agreed to not take action on Ordinance No. 4, Series of 2017 to allow staff to make changes. The Town Attorney reminded council the impact fee would not be legally applied unless it is codified. 6.2. First Reading of Ordinance No. 5, Series of 2017, an ordinance of the Vail Town Council approving an encroachment into an existing view corridor to accommodate modifications to the Hill Building, located at 254 and 311 Bridge Street, Lots C & L, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto. Presenter(s): George Ruther, Director of Community Development Town Council Meeting Minutes of June 6, 2017 Page 5 August 1, 2017 - Page 10 of 514 Action Requested of Council: Approve, approve with modifications, deny Ordinance No. 5, Series of 2017. Background: The Hill Building is impacted by three adopted view corridors. One of the view corridors is not affected by the proposed application to renovate the building. A second corridor is affected, however, the building currently encroaches into the view corridor and the applicant is proposing to significantly reduce the encroachment and substantial improve the view through the corridor. The third view corridor will be affected by a minimal increase in the height of the building and a chimney. In order to allow for this increase in height to occur, a view corridor encroachment must be approved by the Vail Town Council. Staff Recommendation: The Town of Vail Planning & Environmental Commission has reviewed the proposed view corridor encroachment request. Upon review of the request, the Commission has forwarded its recommendation of approval to the Vail Town Council of the request, as proposed. In making their recommendation, the Commission found that the proposed encroachment complied with the criteria for review as outlined in the Vail Town Code. Therefore, the Commission recommends the Vail Town Council approve Ordinance No. 5, Series of 2017 as read. Ruther reviewed the ordinance with council explaining the applicant is requesting a review of an Exterior Alteration, pursuant to Section 12-7B-7, Exterior Alterations or Modifications, Vail Town Code, to allow for a renovation to the Hill Building and a request for a recommendation to the Vail Town Council on an application for encroachments into an existing view corridor, pursuant to Section 12-22-6, Encroachments Into Existing View Corridors, Vail Town Code, to allow for encroachments into View Points #1 and #4 for modifications to the Hill Building, located at 254 and 311 Bridge Street. The scope of work of the proposed renovation included: • No change in existing uses (i.e. ground floor or street level retail, second floor and above residential. • An extensive renovation to the exterior materials of the building. • Overall decrease of gross residential floor area (- 94 square feet). • Increase of retail floor area of 76 square feet. • Reduction in site coverage (- 371 square feet). • Minor modifications to the massing and overall height of building (60% 33 ft. or less/40% < 43 ft.). • Increase in softscape landscape area (+ 5 square feet). • Maintain the existing non -conforming enclosed parking space within the structure. The proposed renovation is in compliance with the development standards prescribed by the Commercial Core I zone district. Though the Hill Building is directly affected by three of protected view corridors in Vail Village, the applicant is proposing to comply with said view corridors, and is therefore, not proposing to either amend or encroach into the protected view corridors. The majority of the renovation occurs to the exterior of the building and on the second floor and above levels of the building. Applicant representative, Tom Braun with Braun Associates, provided a PowerPoint outlining the project and the proposed view corridor encroachments to View Corridor 1. The encroachment would be caused by 2- two foot chimney caps and raising the roof ridge up 6 inches to building code and installation requirements. A few council members felt the encroachments are minimal and project would be an enhancement to the village. Other council members felt the view corridor is sacred and suggested alternatives for the applicant such as a gas fireplace; which would not require a chimney to impact the view corridor. Town Council Meeting Minutes of June 6, 2017 Page 6 August 1, 2017 - Page 11 of 514 There was no public comment. Moffet made a motion to approve Ordinance 5, Series of 2017 as read; seconded by Foley; approved 4-2 (Bruno and Cleveland opposed) 6.3. Reschedule Regular Meeting on July 4, 2017 to July 11, 2017 Action Requested of Council: Motion to Reschedule Regular Meeting on July 4, 2017 to July 11, 2017. Background: The Code provides for action when changing regular meeting day as follows: 1-5-11: REGULAR AND SPECIAL COUNCIL MEETINGS A. Regular Meetings: 1. Time And Place: The council shall meet regularly at least twice monthly at a day and hour to be fixed by the rules of the council. The meeting time shall be established at the town council's first organizational meeting to be held within seven (7) days from the election as described in section 1-5-3 of this chapter. 2. Deferment: In the event a regular meeting pursuant to subsection Al of this section would fall on a legal holiday recognized by the town or a regular meeting cannot for good reason be held by the town council on a regular meeting date, the regular meeting shall automatically be held on the next secular day at the same time and place; provided, however, that for good cause the council at a regular meeting preceding the regular meeting which will be deferred may defer the regular meeting to a subsequent Cleveland moved to move the regular scheduled Town Council meeting on July 4, 2017 to July 11, 2017; seconded by Moffet; approved 6-0. There being no further business to come before the council, Moffet moved to adjourn the meeting and Foley seconded the motion which passed 6-0 and the meeting adjourned at 8:25 p.m. Respectfully Submitted, Attest: Dave Chapin, Mayor Patty McKenny, Town Clerk Town Council Meeting Minutes of June 6, 2017 Page 7 August 1, 2017 - Page 12 of 514 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: June 20, 2017 Town Council Meeting Minutes ATTACHMENTS: Description June 20, 2017 Town Council Meeting Minutes TIMM OF9 August 1, 2017 - Page 13 of 514 Vail Town Council Meeting Minutes Tuesday, June 20, 2017 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Greg Moffet Staff members present: Patty McKenny, Acting Town Manager Matt Mire, Town Attorney 1. Citizen Participation Diane Carpenter, resident Village Center, lodged her concerns about a recent incident she had with access to her residence during the Go Pro Mountain Games. She cited safety and access issues caused by the town's events schedule noting there should be further consideration given to both concerns. She also noted safety issues surrounding those children playing next to the Gore Creek. Michael Cacioppo inquired about citizen participation timeframes; he noted the time limits should not be used. Mike Imhof, Vail Valley Foundation, thanked the Town of Vail for their partnership and commented on the success of the Go Pro Mountain Games. He also recognized the concerns raised by some of the residents impacted by the event and noted their staff would be reviewing all matters surrounding the event with their commitment to producing a high level event. John Kirchner, resident, shared his opinion of short-term rental as a negative in his neighborhood. Susie Tjossem, Colorado Snowsports Museum, shared some information about the museum's current capital project upgrades, noting both private and public funding to support the effort. She noted there is some diligence being performed to determine the possibility of circulating an initiative petition to increase the lodging tax to support funding the museum. She noted some public support and wanted the council to be informed on the matter as well. Martha Brassel, Vail International Dance Festival, thanked the Town for support of the upcoming season; she circulated the dance programming. Reggie O'Brien, Bald Mountain Townhomes, thanked the Town Council for the support with their berm construction project. Town Council Special Meeting Minutes of June 20, 2017 Page 1 August 1, 2017 - Page 14 of 514 2. Consent Agenda 2.1. May 2, 2017 Town Council Meeting Minutes 2.2. Resolution No. 20, Series of 2017, Resolution approving an amended and updated Noxious Weed Management Plan; and setting forth detail in regard thereto 2.4. Intermountain Fuels Reduction Project - Helicopter Logging Contract Award Moffet moved to approve 2.1, 2.2, 2.4 consent items; Bruno seconded the motion and it passed (7-0). 2.3. Resolution No. 21, Series of 2017, Intergovernmental Agreement Between the Town of Vail and the United States Forest Service for Timber Sale Associated with Intermountain Fuels Reduction Project There was some discussion about the IGA and the amount assessed by the U.S.F.S. ($348.05) for the timber sale value when the Town of Vail would be covering the cost of the project with no assistance from the federal government (costs approved were $612,394). Moffet moved to approve Resolution No. 21, Series of 2017 and the motion passed (5-2; Cleveland and Foley no). 3. Presentation/Discussion 3.1. Stephens Park Off -leash Area Discussion Presenter(s): Gregg Barrie, Senior Landscape Architect Action Requested of Council: Provide staff with direction in regards to the dog waste issue based on the provided recommendations and input received from the public. Background: Stephens Park is a neighborhood park that provides a designated off -leash area. Since the off -leash designation in 2004, there have been two consistent issues: 1) the loss of the turf area for neighborhood use and 2) excessive dog waste being left in the park. Staff Recommendation: Staff recommends reviewing the ideas presented in the Memorandum in conjunction with input from the community and providing direction to staff towards improving education, signage and enforceable measures. Staff also recommends altering the existing designated off -leash area to include the Gore Creek access point at a later date. A brief presentation about the background and some recommended solutions, both completed and proposed, were given by Gregg Barrie. Chapin expressed his support of using the neighborhood to help solve the issues; he opened this time for public comments and a number of residents were present with input as follows: Jane Taylor presented a number of suggestions to help remedy the situations, patrols at peak use time, before & after work, create a pickup patrol, conduct frequent community park cleanups, educate the neighborhood, more signage, reserve for dogs first and then children, prove more poop utensils, address those using the park who are not in the neighborhood. Tim McGraw noted that he did not see the misuse of the park by dog owners. He suggested changing the signage, Town Council Special Meeting Minutes of June 20, 2017 Page 2 August 1, 2017 - Page 15 of 514 Walter Dandy expressed his support of the allowed use in the park and requested the town not discontinue that use. Blondie Vucich expressed the need for a "neighborhood task force" to take on the watch dog role similar to what she helped launch in the Bighorn Park neighborhood, a very successful endeavor to ensure their park remains usable for everyone. Others supported the notion to activate a group to monitor and actively engage the up keep of the park. Council's input encourage the group to take on the ownership of keeping the area in acceptable condition; they noted that town staff are likely doing too much dog waste clean up and it is the responsibility of the dog owners now. It was noted that staff return with an update later in the summer. 4. Town Manager Report 4.1. Chamonix Vail Neighborhood Project Update (verbal report) Presenter(s): George Ruther, Director of Community Development The update noted the project was a few days ahead of schedule and on budget; there would be some slight overages due to the need for further soils testing. Staff would be working with the owners' list to complete additional paperwork related to deposits and purchase and sale agreements. 5. Action Items 5.1. Ordinance No. 4, Series of 2017, First Reading, An ordinance fora prescribed regulations amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12 of the Vail Town Code with the addition of a new Chapter 26, Transportation Impact Fee Presenter(s): Tom Kassmel, Town Engineer Action Requested of Council: Approve, amend or deny on Ordinance No. 4 Series 2017 on first reading. Background: In 2016, the Town of Vail hired the consulting firm TischlerBise to develop an updated transportation impact fee. The impact fee is proposed to codify the current traffic mitigation fee to help fund future transportation related projects identified in the Vail Transportation Master Plan. The proposed fee will be applied in all zone districts, and will require developers to pay their proportional share for the necessary transportation infrastructure improvements that are directly related to the impacts created by the new development. Staff Recommendation: Approve Ordinance No. 4 Series 2017 on first reading. Kassmel presented background and a recommendation for using the maximum transportation impact fee schedule in light of the projected costs related to future growth and needs for mitigating the transportation impacts. The table below reflects a revised schedule that would subsidize uses such as employee housing, accommodation units, commercial uses, and equalize the core area fees with the outside core area fees: Town Council Special Meeting Minutes of June 20, 2017 Page 3 August 1, 2017 - Page 16 of 514 Revised Fee Schedule & Projecred Revenue—June x't'. 2017 Council lnpur Development Type AdditiOnil Dereloprnerrt Units Fee Per aevelerprrlent Urit Projected Revenue Pe roe rrt of Impact Fee ]welling. Twu =aniilui Feu! Utile. Fsiriily...In the Cure Ale iI 705 $ 5,960.E0 $ 4,20.,12iID-00 209E JweIIiri . Twu :dim ily6r Multiple FaMilyPutside the Core Area,' 554 S 5,960.EO 5 3,30.1,B1Cu20 16% Dwelling. Single Family 110 $ S,665.00 $ 1,162,320LO 6% E nployee Fbusing. UOit0n the CareAre.0 41 $ - $- 0% Employee Housing. Uoit(Ctutiide the Care Area] 31A $ - 5- 0% AL.cumniodation Unit IIn Core Area]270 $ - 5 - 0% ALxntnniodation Unit loutiide Carr Area] 102 $ - 5- 0% Rastaurant & Retail Blab! ishnieI'm 3200}0 $ - 5- 0% Fad!iti ei. Health Care 1-7E013 5 - 5- 0% Olfice & Other SerViMS SKIM $ - 5- 0% 5 2,665,960-00 42% The net effects of revising the fee schedule are: • a reduction in projected revenue from 521 Million to $S-7 Million, • an increase in the Town Vail's taxpayer responsibility by$12.3 Million, • reimbursement of 5624,000 to the Vail Valley Medical Center (VVMC) per the existing VVMC Developer Agreement (DA). However, if Facility Health Care is not selected to be subsidized, then no reimbursement is required and VVMC will likely pay an additional --$500,000-F. Chapin invited public input at this time. Tom Braun, Braun & Associate's, Inc., requested further review of the fee structure to better accommodate the medical facility that already provides a positive economic impact to the community. Michael Cacioppo reminded the community the hospital is a not for profit hospital which does not submit property taxes to the town coffers. One other suggestion was to increase sales tax in order to offset the transportation impacts. Council comments included: ✓ The adoption of this fee and policy opposes their position of pro development in the town ✓ The fee needs to be codified in light of the fact that it is currently being collected, but it is not required to be collected ✓ Suggestion to eliminate the use tax if this fee is adopted ✓ Revise fee schedule down; it is too high ✓ Revise the timing of the payment to the end of the development Moffet moved to approve Ordinance No. 4, Series of 2017, First Reading, An ordinance for a prescribed regulations amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12 of the Vail Town Code with the addition of a new Chapter 26, Transportation Impact Fee, with the condition to remove the "employee housing units" from the fee schedule and noting the findings made in the council packet memo dated June 20, 2017. Langmaid seconded the motion and it passed (7-0). 5.2. Ordinance No. 8, Series 2017, First Reading, Ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund of the 2017 Budget for the Town of Vail, Colorado and authorizing the said adjustments as set forth herein; and setting forth details in regard thereto Presenter(s): Carlie Smith, Budget Analyst Town Council Special Meeting Minutes of June 20, 2017 Page 4 August 1, 2017 - Page 17 of 514 Budget Summaries included the following highlights: General Fund In addition to the proposed reduction of budgeted sales tax revenue of $350.3K, budgeted revenue will be adjusted by an increase $42,780 directly offset by the following corresponding expenditures: ■ $12,052 of state funding for the Northwest Incident Management Team training exercise that occurred May 18th -20th in Rio Blanco County. ■ $25,000 of state funding for the Northwest Incident Management Team exercise in Keystone, CO taking place in September. ■ $1,228 reimbursement from the Vail Valley Medical Center Foundation for children's books purchased for the Foundation's "Books for Babies" initiative; ■ $4,500 use of Library grant funds from the state of Colorado to be used to purchase books, audio visual material, and other electronic and education recourses. Overall increase in budgeted expenditures of $253,780 which includes $42,780 related to expenditures corresponding to the reimbursements above and $10,000 related to off -cycle contributions recommended by staff. The remaining $201,000 of expenditures includes: $76,000 for extended bus service for the East Vail enhancement pilot program approved by council on April 18th. Cost of the extended service will be allocated $47,120 to seasonal salaries and $28,880 for bus operations (fuel and fleet maintenance charges). ■ $75,000 to Safebuilt for additional plan review services due to increased demand. ■ $50,000 to increase fire overtime. It was noted the off -cycle contributions are included in this budget request based on staff recommendations. The funding requests recommended include $10,000 to the Vail Chamber and Business Association (VCBA) to support the Pioneer Weekend event; $5,000 to the Vail Valley Mountain Bike Association for the Adopt a Trail program funded out of the Real Estate Transfer Tax fund. Capital Projects Fund In addition to the proposed reduction of budgeted sales tax revenue of $214.7K, budgeted revenue will be adjusted by an increase of $500,000. This includes $45,000 of reimbursement from the Holy Cross Community Enhancement Fund, directly offset by corresponding expenditures for engineering costs approved by council on June 2nd to pursue the first phase of Big Horn Road and South Frontage Road underground energy projects. The remaining $455,000 is a revenue reimbursement from the traffic impact fee funds that will be used to offset design and planning costs for the S. Frontage Road improvements between the Vail Valley Medical Center and the Lionshead parking structure. The expenditures for this project were approved by council during the 1St budget supplemental in April. Staff is requesting an overall increase in budgeted expenditures of $92,825 which includes $45,000 related to expenditures corresponding to the reimbursements above. The remaining $47,825 of expenditures requested for new projects and project increases include: ■ $13,050 for an upgraded financial reporting module in the existing financial management software. The current report writing module will no longer be supported with software updates by the software company. ■ $1,000 to complete the Community Development permits software. ■ $8,775 for a ProjectDox software upgrade. This is plan review software utilized by Community Development, Fire, and Public Works. The current version of the software will no longer be supported as of Jan 2018. ■ $25,000 for ProjectFlow, an add-on software to be utilized with the ProjectDox system. This system enhancement allows for greater flexibility and efficiency within the plan review Town Council Special Meeting Minutes of June 20, 2017 Page 5 August 1, 2017 - Page 18 of 514 software; allowing for review prioritization, upgraded reporting, plan review time management, along with additional customization tools to enhance customer experience. The following requests have no impact on overall budgeted expenditures in the capital projects fund: ■ $15,000 to be transferred to the ResortApp project budget from savings in the audio visual project budget for the new lodging feature in the Vail Application. Real Estate Transfer Tax Fund Staff is proposing an overall increase of budgeted expenditures in the Real Estate Transfer fund of $5,000 to fund the Vail Valley Bike Association for the Adopt a Trail program as part of the off -cycle council contributions. Water Quality projects for the town are currently documented in four separate project codes. In working to clarify the various projects underway, and to better align the budgets to those projects, staff proposes a reallocation of the budgeted dollars into newly named projects. This will improve the tracking of actual expenditures to budget for each project according to the approved purposes of the budgeted funds. In total, the budget for these projects does not change. The following table summarizes the current water quality budgets compared to the proposed new project allocations. The projects highlighted in green have been re -named and the budget dollars reallocated. Water Quality Project Budgets Current Proposed Streab ark/tract Mitigation 971,575 - water Quality! Storrs Water 1,458,685 - East 'Jai t Water Quality TAPS 1,125,111 1,125,111 East Vail Interchange 988,807 988,807 NEW Streamtract Education/Mitigation - 273,199 NEW water Quality Infrastructure - 1,520,255 NEW Slrearnbank Restoration - 636.896 Total S 4.544.178 $ 4.544.175 Several questions were raised about the requests related to fire department overtime, the need to see an update on the Vail App, and the funding request for the trails maintenance only be for trails in Vail with a request the group return during the 2018 budget cycle. Foley moved to approve Ordinance No. 8, Series 2017, First Reading, Ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund of the 2017 Budget for the Town of Vail, Colorado and authorizing the said adjustments as set forth herein; and setting forth details in regard thereto. Moffet seconded the motion and it was clarified trail funding support Vail trails only. The motion passed (7-0). 6. Public Hearings 6.1. Ordinance No. 5, Series of 2017, Second Reading, An Ordinance of the Vail Town Council approving an encroachment into an existing view corridor to accommodate modifications to the Hill Building, located at 254 and 311 Bridge Street, Lots C & L, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto Presenter(s): George Ruther, Director of Community Development Action Requested of Council: Approve, approve with modifications or deny Ordinance No. 5, Series of 2017. Background: The Hill Building is impacted by three adopted view corridors. One of the view corridors is not affected by the proposed application to renovate the building. A second corridor is affected, however, the building currently encroaches into the view corridor and the applicant is Town Council Special Meeting Minutes of June 20, 2017 Page 6 August 1, 2017 - Page 19 of 514 proposing to significantly reduce the encroachment and substantial improve the view through the corridor. The third view corridor will be affected by a minimal increase in the height of the building and a chimney. In order to allow for this increase in height to occur, a view corridor encroachment must be approved by the Vail Town Council. Staff Recommendation: The Town of Vail Planning & Environmental Commission has reviewed the proposed view corridor encroachment request. Upon review of the request, the Commission has forwarded its recommendation of approval to the Vail Town Council of the request, as proposed. In making their recommendation, the Commission found that the proposed encroachment complied with the criteria for review as outlined in the Vail Town Code. Therefore, the Commission recommends the Vail Town Council approve Ordinance No. 5, Series of 2017 as read. Tom Braun presented the application request for the view corridor encroachment for the Hill Building. Chapin opened the public hearing and invited input and Jim Lamont and Jeff Babb, VRI, addressed the need to use the "loading and delivery" facility; Babb confirmed that would be the case for this project. Cleveland expressed concern in granting the encroachment for this project would only set precedence for other encroachments and noted that their role is to preserve all view corridors. Moffet moved to approve Ordinance No. 5, Series of 2017, Second Reading, An Ordinance of the Vail Town Council approving an encroachment into an existing view corridor to accommodate modifications to the Hill Building, located at 254 and 311 Bridge Street, Lots C & L, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto, and referenced the conditions and findings outlined in the staff memo to the PEC dated May 8, 2017. Langmaid seconded the motion and it passed (5-2; Bruno and Cleveland no). 6.2. Ordinance No. 9, Series of 2017, First Reading, An ordinance establishing Special Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 12 dwelling units with 15 attached accommodation units (lock -offs), 19 accommodation units and 10 employee housing units, located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5 and setting forth details in regard thereto. Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: The purpose of this first meeting before the Town Council is to provide an introduction to the project and its varied components. Staff and the applicant will make an introductory presentation on the application during the evening public hearing, following a site visit scheduled during the afternoon session. As such, the Community Development Department and the applicant recommend the Vail Town Council continue first reading of Ordinance No. 9, Series of 2017, an ordinance establishing Special Development District No. 42 (Vail Mountain View Residences) to the July 11, 2017 Town Council meeting. Background: The applicant, Lunar Vail LLC, represented by Marl Planning Group, is requesting a first reading of Ordinance No. 9, Series of 2017, an ordinance establishing Special Development District No. 42, pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 12 dwelling units with 15 attached accommodation units (lock -offs), 19 accommodation units and 10 employee housing units (EHUs), located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5. Town Council Special Meeting Minutes of June 20, 2017 Page 7 August 1, 2017 - Page 20 of 514 Staff Recommendation: On June 12, 2017 the Town of Vail Planning and Environmental Commission (PEC) held a public hearing on the request to establish SDD No. 42, pursuant to the requirement of Section 12-9(A), Vail Town Code. At the conclusion of the public hearing, the PEC voted 4-3 (Gillette, Perez and Rediker opposed) to forward a recommendation of approval, with conditions, to the Vail Town Council. Chapin opened the public hearing at this time. Planner Jonathan Spence presented the Special Development District application noting this time would be spent introducing the project and its varied components. He noted both staff and applicant recommend the item be continued until the July 11 meeting. The applicant, Lunar Vail LLC, represented by Mariello Planning Group, requested first reading of Ordinance No. 9, Series of 2017, an ordinance establishing Special Development District No. 42, pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 12 dwelling units with 15 attached accommodation units (lock -offs), 19 accommodation units and 10 employee housing units (EHUs), located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5. His slideshow presentation addressed a number of items including an introduction to the project team below. He reviewed the schedule, identified the public benefits, shared information about both Phase 1 and Phase 2 of the project, noting the deviations, the parking, diagrams of various floor plans, EHU unit descriptions, comparisons with adjacent properties, and letters of public support. See below for some detailed highlights of the topics presented in the slideshow. PROJECT TEAM • Peter Carlson, Gore Creek Grcup LLC • Ron Byrne, Shawn Byrne, & Mary Ann Redmond, Ron Byrne & Associates • Skip Hudson, PE, Turnkey Consulting LIG • Will Hentschel & Joe Calernan, 350 Design • Gary Brooks, Alpine Engineering Deb Sharer, Shaner Life Safety • Dominic Mauriello &Allison Kent, Mauriello Planning Group • Davia Miselis, Watershed Environmental Consultants PUBLIC BENEFITS IDENTIFIED EMPLOYEE HOUSING 99'16 OF FREE MARKET GRF, HIGHLY FUNCTIONAL UNITS IN SAIL VILLAGE PEDESTRIAN ACCESS ACCESS FROM FRONTAGE RD TO GORE CREEK REC PATH LAND DEDICATION 878 SF FOR FUTURE ROADWAY IMPROVEMENTS 18 AU 15 LOCK OFFS 12 DU VOLUNTARY SHORT TERM RENTALS PUBLIC BENEFITS REDEVELOPMENT OF INFILL SITE SUGGESTED 8Y VV61P PUBLIC ART UP TO S50,DD0 DEVIATIONS Town Council Special Meeting Minutes of June 20, 2017 Page 8 August 1, 2017 - Page 21 of 514 Ikiiiioits • Before the town council approves development standards that deviate from the underlying zone district, it should be determined that such deviation provides benefits 10 the town that outweigh the adverse effects of such deviation_ • This determination is to be made based on evaluation of the proposed special development district's compliance with the design criteria outlined in section 12-9A-8of this a -tic s. 1 2 3 4 11 SETBACKS SLIGHT ENCROACHMENT ON EAST SIDE TO 15 FT HEIGHT MAXIMUM HEIGHT OF 69.5 FT DENSITY 46.5 UNITS VS 52 UNITS ALLOWED GRFA T6.577 SF VS 42.571 SF ALLOWED SITE COVERAGE 70.0714 VS 5514 (UNDERGROUND pr15KING STRUCTURE;: It was noted that further review of the criteria and how the project meets these criteria would be demonstrated at the next meeting. Steve Lindstrom, Vail Local Housing Authority, expressed the authority members are very supportive of the project as it further meets their objectives to solve the housing needs of the community. There was some additional discussion about the housing component of the project. Moffet moved to continue the public hearing until July 11, 2017; Foley seconded the motion and it passed (7-0). There being no further business to come before the council, Moffet moved to adjourn the meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned at 9:15 p.m. Respectfully Submitted, Attest: Dave Chapin, Mayor Patty McKenny, Town Clerk Town Council Special Meeting Minutes of June 20, 2017 Page 9 August 1, 2017 - Page 22 of 514 VAILTOWN COUNCIL AGENDA MEMO ITEM/TOPIC: June 27, 2017 Town Council Meeting Minutes ATTACHMENTS: Description June 27, 2017 Town Council Meeting Minutes TOWN Of UAJL August 1, 2017 - Page 23 of 514 Vail Town Council Special Meeting Minutes Tuesday, June 27, 2017 8:15 A.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 8:15 A.M. by Mayor Chapin. Members present: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Greg Moffet Patty McKenny, Acting Town Manager Matt Mire, Town Attorney Tammy Nagel, Deputy Town Clerk 1. Call to Order by the Mayor 2. Executive Session 2.1 Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(a)(b)(e) — to discuss the purchase, acquisition, lease, transfer, or sale of property interests, Regarding: Potential Real Property Acquisition Presenter(s): Matt Mire, Town Attorney, and George Ruther, Director of Community Development Moffet made a motion to enter into executive session pursuant to the above recital; Foley seconded the motion and it passed (7-0). 3. Action Item 3.1 Resolution No. 21, Series 2017, Resolution approving the purchase of Property in the Town of Vail legally described as Gore Range Condominium II Unit #1-E, Eagle County, Colorado with a physical address of 2189 Chamonix Lane, Vail Colorado; and setting forth details in regard thereto. Presenter(s): George Ruther, Director of Community Development Moffet moved to approve Resolution No. 21, Series of 2017; Langmaid seconded the motion and it passed (7-0). 4. Executive Session II Town Council Special Meeting Minutes of June 27, 2017 Page 1 August 1, 2017 - Page 24 of 514 4.1 Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(e) - to determine positions, develop a strategy and instruct negotiators, Regarding: Conduct Town Manager Interviews. Presenter(s): Strategic Government Services, and Matt Mire, Town Attorney Moffet made a motion to enter into executive session pursuant to the above recital; Foley seconded the motion and it passed (7-0). There being no further business to come before the council, Moffet moved to adjourn the meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned at 8:25 p.m. Respectfully Submitted, Attest: Dave Chapin, Mayor Patty McKenny, Town Clerk Town Council Special Meeting Minutes of June 27, 2017 Page 2 August 1, 2017 - Page 25 of 514 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: June 28, 2017 Town Council Meeting Minutes ATTACHMENTS: Description June 28, 2017 Town Council Meeting Minutes TOWN Of9 August 1, 2017 - Page 26 of 514 Vail Town Council Special Meeting Minutes Tuesday, June 28, 2017 9:00 A.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 9:00 A.M. by Mayor Chapin. Members present: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Greg Moffet Patty McKenny, Acting Town Manager Matt Mire, Town Attorney Tammy Nagel, Deputy Town Clerk 1. Call to Order by the Mayor 2. Executive Session 2.1 Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(e) - to determine positions, develop a strategy and instruct negotiators, Regarding: Town Manager Search. Presenter(s): Matt Mire, Town Attorney Moffet made a motion to enter into executive session pursuant to the above recital; Foley seconded the motion and it passed (7-0). There being no further business to come before the council, Moffet moved to adjourn the meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned at 11:45 a.m. Respectfully Submitted, Attest: Dave Chapin, Mayor Patty McKenny, Town Clerk Town Council Special Meeting Minutes of June 28, 2017 Page 1 August 1, 2017 - Page 27 of 514 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Chamonix Neighborhood Project Update (verbal report) TOWN Of9 August 1, 2017 - Page 28 of 514 TOWN IfO VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Red Sandstone School Parking Structure Project PRESENTER(S): Greg Hall ACTION REQUESTED OF COUNCIL: The staff has requested the town council to address the following: • Provide direction on the additional design components of the project o Expansion ability additional floors o Space Conversion ability o Design emphasis on Photo Voltaic or architectural and landscaping components • Direct the Town Manager to submit the plans to Vail Resorts in accordance to the Parking I nvestment Agreement • Provide input and direction on the Development Agreement with Eagle County School District • Submit formal applications to Planning and Environmental Commission for an amendment to a Conditional Use Permit and Retaining Wall Height Variance • Submit formal application to the Design Review Board for project approval • Authorize the Town Manager to negotiate a construction contract with Haselden Construction to bring back to the Town Council for approval BACKGROUND: On May 2 the Town Council directed staff to enter into a pre development agreement to further explore building a 160 car four story parking structure on the Red Sandstone School site with Eagle County School District. The design has been advanced to the schematic design level. STAFF RECOMMENDATION: Staff recommends the Town Council continue to pursue the four level structure. In addition, the Town Council should take action on the items listed above. ATTACHMENTS: Description Staff Memo Schematic Design Set Prelimiinary plan for two addtional levels Parking Structure Perspective Development Agreement August 1, 2017 - Page 29 of 514 TOWN OF VAIIL. Memorandum TO: Vail Town Council FROM: Greg Hall, Director of Public Works and Transportation DATE: August 1, 2017 SUBJECT: Red Sandstone Elementary School Proposed Parking Structure Update I. PURPOSE The purpose of this meeting is to present a progress report on the Red Sandstone Elementary School Parking Structure project since the July 11 presentation, discuss the multi-level parking structure design, receive input on a development agreement with Eagle County School District and receive further design and project direction from the Town Council. Information to be presented includes: • Intergovernmental Development Agreement with Eagle County School District • Updates from recent preliminary meetings with the PEC and DRB • Additional design elements to carry forward • Cost and budgets for the project • Cost sharing methodology • Project schedule • Series of next steps for advancing the project forward Red Sandstone Elementary School Remodel In November, a much -anticipated $8.5 million renovation of Red Sandstone Elementary School was authorized after district voters approved a mill levy override for Eagle County Schools that will provide $8 million annually to support operations and a $144 million bond issue that provides significant upgrades to district facilities. The improvements planned for Red Sandstone Elementary School include enlarged classrooms to accommodate an additional 80 students from its current capacity of 247. The renovation also includes new computer labs, refurbishing of the gym, cafeteria, kitchen and stage areas, plus a new elevator, windows, energy enhancements, life -safety enhancements, roof replacement and improvements to the bus parking and parent drop off. Preliminary plans call for renovations to begin in 2018 with completion by August 2019. RSES was built in 1977 by the School District on land owned by the town. The district has a long-term lease to use the land for a school. Current enrollment is 235 students. Parking Structure The discussion of the possibility of a parking structure being constructed as a part of the project in a partnership between the Town of Vail and the Eagle County Schools took place during the March 21, 2017 Town Council meeting. Red Sandstone Elementary School desires additional parking and improved access via a one-way circulating road system. The town desires additional permanent parking spaces close to a base village. The town council directed the staff August 1, 2017 - Page 30 of 514 to continue with preliminary work and return in May to approve next steps. The staff is requesting town council to provide direction on whether the town and the school district should continue with the next steps in determining if the project should be pursued. II. ADVANTAGE OF JOINT VENTURE PROJECCT Initial discussion has focused on the possibility of a 160 space town -funded parking garage to be built on the school site for use by the town. Why is the town interested in such a project: • The town of Vail owns the land • The town of Vail has a financial commitment from Vail Resorts of $4.3 million to pay for permanent additional public parking owned by the town • The school district is undertaking a significant project at the site in which a combined project would allow a savings over two separate projects • The town has a well documented shortage of parking spaces • The school has a shortage of parking spaces • The school desires a better drop off and circulation system • The site is within walking distance to Lionshead and is well served by transit • The structure could be constructed in a manner to allow natural ventilation which reduces both initial construction costs as well as ongoing operation costs • The project is eligible for use of Vail Reinvestment Funds III. TOWN OF VAIL DESIGN PROGRAM Town staff and the school district design team have continued to advance plans for the possibility of construction of a parking structure on the Red Sandstone School site. The design team has prepared schematic plans for a 4 level (160+/- space) structure. In addition to specific design elements of the project, an allowance has been set aside based on initial Town Council direction. These items include the following: • Public art • Reinforced structure to allow for future addition The town staff has identified additional off site improvements to the recreation path on the south side of the pedestrian overpass running parallel to the frontage road and connecting to the north -south walk connecting to Lionshead Village. Specifically, this walk should be heated similar to the north -south walk. The staff receives many complaints a year regarding safety concerns of pedestrians due to the grade of the walk and being shaded by the First Chair building. The addition of a parking structure will only increase the exposure of users. Design Review Board was mostly concerned with the aesthetic of the structure in relation to the south elevation. The board mentioned the need for more architectural character and landscaping and were concerned by the amount and the placement of the photo voltaic panels limiting the ability to provide a more aesthetic facade.. The design team is looking at ways to change some of the character of the building to further break up the fagade and introduce more texture, color and landscaping. The PV panels were strongly desired by council and the design team will seek a balance between the councils and the DRB direction. This may likely reduce 2 August 1, 2017 - Page 31 of 514 some of the PV panels. Complete elimination of PV panels and adding architectural detail adds approximately $168,500 in construction costs with contingencies. Planning and Environmental Commission were also concerned with the parking structure aesthetic and how it will dominate the forward view more so than the school building, itself. In addition, the PEC was concerned with the interface of students with vehicles in the circulation plan. Other comments included the recreation path interface, stair towers safety as well. The design team, school district and staff will be prepared to address these circulation issues in greater detail during the final PEC hearing. The second design element requested by the council to review by the design team is the ability to add two more levels in the future to the proposed structure. This is most economically accomplished by constructing the foundations and columns of the structure to handle the future additional load. This element has been designed and the contractor has priced the premium for this upgrade. Besides the cost, there is additional constructability, ongoing operations, as well as design scale issues which should be considered. The cost of this additional feature is estimated at $ 682,000 construction cost with contingencies and an additional $50,000 in design costs. The foundation size for the additional floors increases from a 5 foot width to around a 15 foot width centered on the wall. On the north side this either pushes the shoring wall into the driveway or keeps the shoring wall where it currently is designed and pushes the structure 5 feet south. Both of these options make the overall site plan very difficult to provide what is desired from buffers of the school to the structure or the buffer of the structure to the bus turnarounds. The loss of landscape buffers would be of further concern to the PEC and DRB. The operational issues are increased traffic circulation due to the newly generated demands of the upper floor uses as well as shading of the northern part of the driveway during winter which is at a 7.5% grade. Finally, the loss of view of the mountain and solar gain for the school is somewhat dramatic. The unique feature of Red Sandstone School is that the classrooms have a great connection to the mountain. Even with the construction of larger buildings in the Lionshead Village area, the view from the school is unmatched for unobstructed views of Vail Mountain. Two additional levels would completely eliminate this view. See attached drawing and cross section. Eagle County School District is not in favor of the two additional floors at this time. At the council work session on July 11, 2017 staff was directed to review the ability to convert the parking garage super structure into another use if in the future parking is no longer desired on the site. The current floor slopes from north to south (width) to help with grading. In the east to west direction (length) the garage is flat. There is a 42 feet elevation difference between the drop off area and the frontage road. By sloping the grade across the garage in the north -south direction, a gain of a foot and three inches (2%) over the 62 feet width is achieved. This also allows all drainage to flow to the south side and collect in drains and reach the water quality system more efficiently. The grading is extremely tight on the front side to allow all the different turning functions to fit in a space which is smaller than what exists today. In the current configuration the first floor, which is a concrete slab on grade, could be removed and replaced flat to allow for a flat floor with a sloped ceiling. The ceiling would most likely be 8 foot 3 inches sloping to 9 foot plus an inch or two. The stairs would require additional treads into the structure to accommodate the elevation gain. The second and third levels are more 3 August 1, 2017 - Page 32 of 514 problematic and would need to be either adjusted by increasing the overall floor to ceiling height by 1 foot 3 inches for each floor, if the entire flat floor is desired to be flat. This would allow a minimum of 8 feet of head height if the floors were leveled. The ceilings would still slope upwards to the 9 foot plus. The current design is extremely tight with regards to grading from floor to floor with the driveway reaching grades of 7.5%. If the additional height were added to the second and third floors, this introduces an additional 1 foot 3 inches to be made up between the floors; the driveway circulation grades would be in the 10-12% range which would require a snowmelt drive option. A second alternative would be to spilt the difference and there would be an internal 8 "elevation change in the middle of the structure. This could be accomplished with the current design and the minimum floor to ceiling height would be 7 foot 8 inches sloping up to 8' 3 inches. The top floor could be flattened if something were to be enclosed on this level. An option exists in the future to have the first and fourth level be converted with little impact to the current design and operation. Parking could be maintained on levels two and three to support the new uses on levels one and four. These scenarios are based on a precast option for the structure. If a cast in place option is chosen the head heights may or may not increase but there would be fewer points of structural components obstructing the head heights. The additional cost of a cast in place structure is $ 324,900 with contingencies and an additional $55,000 for design. Because the structure is built into a hill, level one and the back half of level two and the eastern portion of level three would not be useable for any type of housing due to not having adequate windows and egress access. The project team requires the Vail Town Council provide input into the design and building program as requested. Sign off is needed to move the project forward and adhere to the school's project schedule. IV. DESIGN ARCHITECT, GENERAL CONTRACTORAND PROJECT MANAGER The design team is led by DLR architects out of Denver and TAB architects from Edwards, as well as additional design sub -consultants. Haselden Construction is the selected contractor. The design team and contractor have agreed to keep the fee structure for both design and construction, including general conditions for the parking structure, the same as was competitively selected by the school district as if the parking structure project was a portion of the school district's $146 M overall bond project. In so doing, the Town of Vail is receiving a benefit compared to contracting separately for the work related to the parking structure. The Town of Vail contracted for additional soil borings and ground water monitoring wells for the parking structure. Ground Engineering has conducted this work and is also the soils engineer for the school. The Town of Vail contracted the consulting for the traffic study and CDOT permits required for the project. FHU will complete this work. 4 August 1, 2017 - Page 33 of 514 The Town of Vail will be the owner of the parking structure. The town has contracted with the design team for the design of the parking structure, driveway and lower bus lot and frontage road improvements. The contract allows the town to terminate if a formal development agreement is not reached with the school district. When the time comes, the Town of Vail will contract with Haselden Construction for the construction of the fore mentioned improvements. Does the Vail Town Council agree with the town contracting with Haselden Construction for the parking structure project and direct the town manager to negotiate a construction contract in a form approved by the town attorney with formal town council approval sought at a future date? V. PROJECT COSTS AND BUDGETS The May 2, preliminary total project budget for the four level structure including all contingencies was $14,657,900 The August 1 schematic design total project parking structure budget including all contingencies is $ 14,286,912 The overall budget is updated based on schematic design drawings pricing provided by Haselden Construction. Adjustments based on council direction regarding certain design options would further refine the budget. The initial input from both the Planning and Environmental Commission and Design Review Board at this time will add some costs but not out of line with the contingencies the project currently is carrying. The soils report has been provided and additional costs to handle groundwater issues will need to be added as well. The town staff has identified additional off site improvements to the path on the south side of the pedestrian overpass running parallel to the frontage road and connecting to the north -south walk connecting to Lionshead Village. Specifically, this walk would be heated similar to the north -south walk. The staff receives many complaints each year regarding safety concerns of pedestrians due to the grade of the walk and iciness caused by shade from the First Chair building. Increased use from the addition of a parking structure will only increase the town's exposure. The additional south of 1-70 offsite improvements are estimated at Risk Assessment At this time the areas of risk to the estimate are in the areas as follows: • Unsuitable soils, both for haul off and import of suitable soils. • Excessive groundwater and permanent mechanical dewatering system • Winter conditions • Final sub contractor pricing not in line with costs provided for current estimate. $ 287,500 The contractor's estimate is currently carrying some allowances/contingencies for the items listed above. As the design develops, and contact terms and estimates are finalized, the 5 August 1, 2017 - Page 34 of 514 magnitude of costs will be further determined and defined. In addition, to the contractor estimate carrying some cost coverage. The town is carrying additional contingency on construction costs as well as an overall project contingency. Besides the cost of additional reinforcing, or increasing floor to ceiling heights, the town staff and project team are comfortable with the budget and have identified some features of the current design and construction means and methods to generate project savings. Operating Costs The town staff has estimated the annual cost to operate the new structure as follows: Snow Removal $ 47,000 Parking operation/sweeping $ 55,000 Utilities $ 11,750 Maintenance $ 6,000 Bathroom Cleaning $ 13,100 Annual Operating and Maintenance Cost $132,850 Does the town council agree with the current budgets and costs for the project expansion components at this time? Does the town council wish to increase the budget to allow for future expansion? VI. COST CONTRIBUTION FOR DESIGN AND CONSTRUCTION Staff members from both organizations recommend that a lump sum payment made by ECSD is in the best interest of all the parties involved. This amount was based on the preliminary budget and the anticipated use of the project, but with an understanding as to the complexity of the many shared portions of the improvements. A lump sum payment eliminates a constant update to the amount contributed until the final bill is paid. It allows payment to be made up front rather than partial payments. When simplified design changes and requests are made for additions which may add value to one party over the other, it allows the overall project budget be managed in the best interest of the project verses who pays what. It also allows ECSD to focus on the many projects they are undertaking for improving schools - their prime core function. This is also a similar model that has been used on many other projects, whether the town was project owner or a contributor to another project. ECSD is committed to a lump sum payment of $1.5M as their contribution to the parking structure at Red Sandstone Elementary School for use of 40 parking spaces. The district will also pay a percentage of the ongoing operating expenses as well as capital maintenance going forward. The proposed cost sharing for the project is as follows: Eagle County School District Vail Resorts Parking Commitment Vail Reinvestment Authority (VRA) Preliminary Overall Budget 6 $ 1,500,000 $ 4,300,000 $ 8,486,912 $14,286,912 August 1, 2017 - Page 35 of 514 VII. PROJECT SCHEDULE AND NEXT STEPS A preliminary development schedule, milestones and next steps are outlined below: • Town select building program • Execute pre -development agreement with the School District • Enter into a design contract with design team • Conduct soils and other sub consultant work • Design team develops schematic and preliminary designs • Pre construction prices both schematic and preliminary designs • Town and Eagle County School District resolve project points • Final legal document execution (DA) • TOV Entitlement • Vail Resorts funding commitment • PEC final application submittal • Construction Documents (CD's) • Final CDOT approval • Final pricing and contract execution • Construction VIII. ACTION REQUESTED May May May June May -July June -July July August 1 August -September August August July -November September November January -August 2018 The Town Council is being asked to provide direction to the staff and school district regarding pursuit of a new parking structure on the Red Sandstone Elementary School site in conjunction with the School District's remodel of the school. The staff has requested the town council to address the following: • Provide direction on the additional design components of the project o Expansion ability additional floors o Space Conversion ability o Design emphasis on Photo Voltaic or architectural and landscaping components • Direct the Town Manager to submit the plans to Vail Resorts in accordance to the Parking Investment Agreement • Provide input and direction on the Development Agreement with Eagle County School District • Submit formal applications to Planning and Environmental Commission for an amendment to a Conditional Use Permit and Retaining Wall Height Variance • Submit formal application to the Design Review Board for project approval • Authorize the Town Manager to negotiate a construction contract with Haselden Construction to bring back to the Town Council for approval IX. STAFF RECOMMENDATION Staff recommends the Town Council continue to pursue the four level structure. In addition, the Town Council should take action on the items below. • Provide direction on the additional design components of the project o Expansion ability additional floors o Space conversion ability 7 August 1, 2017 - Page 36 of 514 o Design emphasis on Photo Voltaic emphasis architectural and landscaping components. • Direct the Town Manager to submit the plans to Vail Resorts in accordance to the Parking Investment Agreement • Provide input on the a Development Agreement with Eagle County School District for formal adoption on August 15. • Authorize the Town Manger to prepare a use and operations agreement with Eagle County School District in a form approved by the Town Attorney • Submit formal applications to Planning and Environmental Commission for an amendment to a Conditional Use Permit and Retaining Wall Height Variance • Submit formal application to the Design Review Board for project approval • Authorize the Town Manager to negotiate a construction contract with Haselden Construction to bring back to the Town Council for approval X. ATTACHMENTS a) Schematic Design Set b) Preliminary plan for adding two additional floors to the current four level structure c) Building perspective d) Development agreement between Town of Vail and Eagle County Schools 8 August 1, 2017 - Page 37 of 514 P:\1627 ECSD 3rdSt-RSES Projects\Red Sandstone\1627.02.1 Combined Sites\1627.02.1 - RSES Combined Sites_062117.rvt 2:59:47 PM Project Location RED SANDSTONE ELEMENTARY SCHOOL RENOVATION + PARKING GARAGE 551 N Frontage Rd W Vail, CO 81657 Vail Potato Patch Block 2 Lot 8 Red Sandstone Elementary School Vicinity Map Lionshead Parking O a o0 ilialitillAri 1, _ �II It: � Ti . O a7•i11 lab Main Vaiil Interchange OWNER Schematic Design Set 07/06/2017 EAGLE COUNTY SCHOOLS 948 Chambers Avenue / PO Box 740 Eagle, Colorado 81631 t: 970-328-2747 contact: SANDRA MUTCHLER, COO email: sandra.mutchler@eagleschools.net MARC! LAIDMAN, PRINCIPAL email: marcelle.laidman@eagleschools.net OWNER TOWN OF VAIL 75 S Frontage Rd W Vail, Colorado 81657 t: 866-650-9020 contact: GREG HALL email: ghall@vailgov.com ARCHITECT TAB ASSOCIATES, INC 0056 Edwards Village Blvd. Suite 210 Edwards, Colorado 81632 t: 970-766-1470 contact: GREG MACIK (Project Architect) email: greg@tabassociates.com CONTRACTOR HASELDEN CONSTRUCTION 6950 South Potomac St. Centennial, CO 80112 t: 303-728-3818 contact: DAVID MARSH DavidMarsh@haselden.com OWNER'S LANDSCAPE REPRESENTATIVE ARCHITECT RLH ENGINEERING, INC. 541 East Garden Drive, Unit S Windsor, Colorado 80550 t: 970-686-5695 contact: JEFF CHAMBERLIN email: jchamberlin@rlhengineering.com DHM DESIGN 900 South Broadway Suite 300 Denver, CO 80209 t: 303-892-5566 contact: MARK WILCOX, PLA email: mwilcox@dhmdesign.com CIVIL ENGINEER ALPINE ENGINEERING, INC 34510 U.S. 6, Unit A-9 Edwards, CO 81632 t: 970-926-3373 x255 contact: MATT WADEY (Project Manager) email: wadey@alpinecivil.com MEP ENGINEER BG BUILDINGWORKS 222 Chapel Place, #201 Avon, CO 81620 t: 970-949-6108 contact: MARC SACCONI email: masacconi@bgbuildingworks.com LAND SURVEYOR MARCIN ENGINEERING 101 EAGLE RD #5 AVON, CO 81620 t: 970-748-0274 contact: MICHELLE BONFANTI email: michelle@marcinengineering.com STRUCTURAL ENGINEER MARTIN/ MARTIN, INC. 0101 Fawcett Road, Suite 260 Avon, CO 81620 t: 970-926-6007 contact: KEVIN HAAS email: KHaas@martinmartin-mtn.com Sheet List Sheet Name Sheet Number Sheet Issue Date Cover Sheet G0.0 07/06/17 Existing Site Photos G0.02 07/06/17 Topographic Survey V1.00 07/06/17 Site Illustrative V2.00 07/06/17 Grading Plan - Parking Garage C1.0 07/06/17 Site Profiles C1.1 07/06/17 Storm Sewer Pian C2.0 07/06/17 Utility Plan C3.0 07/06/17 Erosion Control Pian C4.0 07/06/17 Existing Site Lighting C5.0 07/06/17 Proposed Site Lighting C5.1 07/06/17 Overall Layout Pian L1.0 07/06/17 Overall Landscape Plan L2.0 07/06/17 Landscape Details L2.1 07/06/17 Overall Hydrozone Map L4.0 07/06/17 Levels 1 & 2 PS1.01 07/06/17 Levels 3 & 4 PS1.02 07/06/17 Roof Plan PS1.03 07/06/17 Elevations PS2.01 07/06/17 Elevations PS2.02 07/06/17 Sections PS3.01 07/06/17 Sections - Potential PS3.02 07/06/17 Site Section - Future Development PS9.00 07/06/17 Solar Analysis PS9.01 07/06/17 Solar Analysis PS9.02 07/06/17 Solar Analysis PS9.03 07/06/17 Solar Analysis (Garage) PS9.04 07/06/17 Solar Analysis (Garage) PS9.05 07/06/17 Main Level Overall Demolition Floor Plan D1.01 07/06/17 Main Level Area A Demolition Floor Pian D1.02 07/06/17 Main Level Area B Demolition Floor Pian D1.03 07/06/17 Second Level Overall Demolition Floor Pian D1.04 07/06/17 Second Level Area A Demolition Floor Plan D1.05 07/06/17 Second Level Area B Demoliton Floor Pian D1.06 07/06/17 Overall Demoliton Roof Plan D1.07 07/06/17 Demolition Area A Roof Plan D1.08 07/06/17 Demolition Area B Roof Plan D1.09 07/06/17 Demolition Exterior Elevations D2.01 07/06/17 Demolition Enlarged Exterior Elevations D2.02 07/06/17 Demolition Enlarged Exterior Elevation D2.03 07/06/17 Main Level Overall Floor Plan A1.01 07/06/17 Main Level Area A Floor Plan A1.02 07/06/17 Main Level Area B Floor A1.03 07/06/17 Plan Second Level Overall Floor A1.04 07/06/17 Plan Second Level Area A Floor Plan A1.05 07/06/17 Second Level Area B Floor Plan A1.06 07/06/17 Overall Roof Plan A1.07 07/06/17 Area A Roof Plan A1.08 07/06/17 Area B Roof Plan A1.09 07/06/17 Exterior Elevations A2.01 07/06/17 Enlarged Exterior Elevations A2.02 07/06/17 Enlarged Exterior Elevations A2.03 07/06/17 Level 1 and 2 - Schematic Mechanical Plans M1.00 07/06/17 U 1- w (t) z L1.1 C - =w U CO 0 STAMP 551 N Frontage Rd W, Vail, CO 81657 Cover Sheet CO C A-+ O O J N O - C O O D m O U O C� U EL O CO O ^: W E °co > WI W W c O) O 2 -0 0 v, CO co 0) L. W c Do- 0 co 0 0 N 0 CN 5 CO a) a) 0 0 LC) w r -- r -- CS) tirn N co 0 0 0 0 w O V rze U) 0 a) 0) c c 0_ Architecture Engineering ©2017, DLR Group inc., a Colorado corporation, ALL RIGHTS RESERVED August 1, 2017 - Page 38 of 514 u_ x 0 —c 0 0 JI H Z W UI 0) w O O 0 E 0 < 0 N N U O oC) N - t O U N U ti PLAYGROUND k I/ a Faint I r ami Mom VAIL GYMNASTICS S CENTER MUM mm. UI— w u) Z w CD U w cn STAMP 4 •. } ti - r aft 1 1 • 4 { r r 1 PARKING STRUCTURE ( TOP LEVEL SHOWN) 1I-4" F -F) 8'-&" CLEAR .4r . .f4 -•moi .;4%•-- ; : POTATO PATCH 1 1 1 1 1 4' 4' 4' 6 551 N Frontage Rd West Vail, CO 81657 c CO co O O CT N O- � O O � m O U O C0 U 0 Cl) O C6 (13 +� co- O _ E • co O 1.1.1 1 O O O) O O C > ren' -0 0 c Co cn U) . 1 O co c D O 0 N i zooP woo omo TAPIA Q 11 8796 • A 1101R -C ‘it tow NORTH 1:) Cmc °� iIIIIIVou1 IIIIu1u11u1 1101111011111111101 �in1u11mm 1111111111111111111111 1101111011111111101 IIIC�Ilulll'9;;Ilu 111111ip111111111 1111 1 111111 1111111111 1111111111111111111 O ceD ■ Architecture Engineering •1111°° ICI, 81 I"IICI' 1110;11 11411 ©2017, DLR Group inc., a Colorado corporation, ALL RIGHTS RESERVED August 1, 2017 - Page 39 of 514 O:\Eagle County\EC Schools- 2016- CMGC\dwg\Master\Red Sandstone\Grading-Structure-4level.dwg, 7/5/2017 3:05:05 PM, Wadey PROFILE: DRIVE CENTERLINE 8240 8230 8220 8210 8200 N 00 EVCS: 5+47.58 2.54% 50.0000' VC BVCS: 4+97.58 0 0 N 00 w 0 CO LOW POINT ELEV = 8200.84 LOW POINT STA = 5+36.59 EVCE: 8207.78 M o - + 0 N 00 0 w > m > 20.0000' VC —PVF STA = 4+30 PVI ELEV = 8208.68 A.D. = —1.50 K = 13.33 SCALE: HORIZ: 1"=20' VERT: 1 "=20' rvICTAIP' A0(11 I&In CAI I uI V VfVLP,JIIV I- FINISH G 0 M + N II > 0_ PVI ELEV = 8223.68 0 O + N II > 0- PVI ELEV = 8225.18 (73M M�0; (O V) ' 4 + N N 00 ± CO II II (n W < 0 0 I- J > > (n w W W _ _ » 0- 0- ADE PVI STA = 1+17.11 PVI ELEV = 8232.14 A.D. = —2.50 K = 30.00 75.0000' VC BVCS: 0+79.61 Pm - BVCE: 8234.02 O 0 N CO PVI S I A = 5+22.58 PVI ELEV = 8200.35 A.D. = 11.54 O °° O (Ni K = 4.33 0 0 N00 N O oo ci N 0 CO N N 0 N oo Q) O N co N N co N co O N co N oo Lo co N N N N N 00 N M M N N 00 La In N N CO 0) N N 00 N O 0 N N 00 M N 00 N M N 00 O M N 00 8260 8240 8220 8200 5+00 RED SANDSTONE SCHOOL WALK DATUM ELEV EXISTING GROUND FINISH GRADE WALK SHORING BOW=8197.3' 1:12 SHORIN 4+00 SECTION: A -A 34.90 23.57 2% 33.66 12.24 11.00 00.91 99.67 1:1 TEMP 3+00 FlNISH GRADE SCALE: HORIZ: 1"=20' VERT: 1"=20' WALK PROPOSED BUS DROP OFF PROPOSED MEDIAN 2+00 FRONTAGE CL z 8240 8220 NORTH 8200 FRONTAGE ROAD 8180.00 N N 00 rn N La M co 0) La 0) La N (NJ 0) La 0+00 1+00 2+00 3+00 3+36.50 1+00 8240 8230 8220 8210 8200 DATUM ELEV 8190.00 0 O ci I1) N 00 0+00 GRAPHIC SCALE 0 10 20 40 ( IN FEET ) 1 inch = 20 ft. PRELIMINARY PLAN July 05, 2017 NOT FOR CONSTRUCTION U F- LU u) 2z w0 z c1) U w (1) 0 ENGINEER'S STAMP 551 N Frontage Rd West Vail, CO 81657 co O N .O - U O O CO O -c U O 0_ _co O U(I) (� O }, C (1) a) cm W E a) cz Cci) c Cu)' - W Ct)� (f) nL W -(T) c .UL TAB Associates, PR Architecture 2017 DLR Group inc., a Colorado corporation, ALL RIGHTS RESE August 1, 2017 - Page 41 of 514 O:\Eagle County\EC Schools- 2016- CMGC\dwg\Master\Red Sandstone\Lighting Plan-structure.dwg, 7/5/2017 3:07:11 PM, Wadey / / i I I I I I I I I I _ I I I _ I AirJ, ro.li 0— eli.409` iVt-04.4:*•o 1. A..i� - - - - - - __ - — / - — — _ _ •••••r-�r.�r.�r.�r.4.�r-�r-�r.�r.�l.�r.�r�r.�r��fa, _ — / - _ .1•I• .1•I• - __ VAIL GYMNASTICS CENTER 0.00 • TOV POLE LIGHT 31.5' TOP OF LIGHT • GARAGE ENIRAN : CREE SECURITY 35N -3W OF LIGHT 4 LEVEL PARKING STRUCTURE ( TOP LEVEL SHOWN) GARAGE ENTR�y CREE SECURITY EMERGENCY LIGHT .0' TOP OF LIGHT n OEMS 0.00 POTATO PATCH TRACT C / 0.00 0.00 GARAGE ENTRANCE: CREE SECURITY EMERGENCY LIGHT 15.5' TOP OF LIGHT i -- 3 -DAMAGED ABOVE GRADE SIGN LIGHTING. REPLACE WITH NEW LUMENFACADE TOP MOUNT LIGHT • 0.00 0.00 / i BID ALTERNATE REPLACE EXISTING LIGHTING AT BUS DROP OFF PGE • TOPOGRAPHIC INFORMATION WAS PROVIDED BY OWNER PRELIMINARY PLAN July 05, 2017 NOT FOR CONSTRUCTION GRAPHIC SCALE 0 10 20 40 ( IN FEET ) 1 inch = 20 ft. ENGINEER'S STAMP 551 N Frontage Rd West Vail, CO 81657 C 0 \o 0 C 0 0 C- U 0) CO 0 J N 0 rn C- u CO 0_ 0 CO 0 L 0 - CO C C E , n 0) W V in co 0) (t)J cpO -1--+0.) u) -0 • C � (t) co rn (f) OW C a_ Et co 1.0 V IOL/.UL 0 C] TAB Associates, PR Architecture Engineering 2017 DLR Group inc., a Colorado corporation, ALL RIGHTS RESERVED. August 1, 2017 - Page 42 of 514 C:\Users\ivan\Documents\1627.02.1 - RSES Parking Garage - CENTRAL_ivan.rvt 7/6/2017 9:03:48 AM / 21'-3" 27'-0" 27'-0" O (5) 1'-6" TYP 212'-0" 27'-0" 27'-0" 27'-0" 27'-0" 10 27'-3" / 9' - 11" 1'-0" -/1 CD PS2.0'41 9'-8" 09 d 11'-6" MECHANICAL 5 ti C) N IT 9 MALE 6 5'-0" CO ao M ti \ 8200' - 10 7/8" • 9'-0" 0 O) A201 Level 1 (13,022 SF) 7' - 10" w a 0 X-1 7'-0" A201 7'-0" 1'-0" rn 2DS2.02 9'-8" N N CO 5'-0" Ti A202 A202 A207 210 A20 A201 16 O C) WEST STAIRS N- 8199'-81/8"• EAST '1 STAIRS 25'-6" / 12'-8" / 8' - 3" 25'-6" 25'-9" 2 Level 1 51.01 1 /8" =1.-0i 9'-11" PS2.0'41 a 5'-0" 5'-0" WEST STAIRS d 21'-3" 211 27'-0" A213 A207 12'-73/8" I/ A210 11' - 1 5/8" Level 2 1/8" = 1'-0" A213 8212' - 2 7/8" • A201 27'-0" 9'-0" 8211'-0" • 0 O N 1'-6" TYP O C) 27'-0" 6 231' - 212'-0" Level 2 (13,022 SF) A201 27'-0" OD SLOPE A214 X-1 R-1 27'-0" 27'-0" A201 \10 27'-3" 9' - 11" A211 2DS2.02 C) rn SCALE: 1/8" = 1'-0" 0 8 16 24 32 LEGEND NOTES FLOOR PLAN GENERAL NOTES: 1. DO NOT SCALE DRAWINGS. 2. IN AREAS WITH FLOOR DRAINS, SLOPE CONCRETE SURFACE WITHIN 18" RADIUS AT 1/4" PER FOOT TOWARD FLOOR DRAIN, UNLESS OTHERWISE INDICATED. 3. ALL SPOT ELEVATIONS SHOWN ON THE FLOOR PLANS RELATE TO USGS ELEVATIONS. NOTIFY ARCHITECT IMMEDIATELY SHOULD CONDITIONS BE FOUND CONTRADICTORY TO THESE DRAWINGS. 4. ALL ANGLES SHOWN ON THE FLOOR PLANS ARE 90 DEGREES UNLESS OTHERWISE NOTED. 5. ALL DIMENSIONS ARE TO GRID LINE, FACE OF CONCRETE OR MASONRY, OR FACE OF GYPSUM BOARD, UNLESS OTHERWISE NOTED. 6. ALL FLOOR PLAN DIMENSIONS TO MASONRY ARE NOMINAL DIMENSIONS, UNLESS NOTED AS ACTUAL. Tag Notes Legend Key Value Keynote Text A2O1 9' x 19' PARKING STALL 11 ADA PARKING STALL A2O3 ADA VAN PARKING STALL A2O4 ELECTRIC CHARGING PARKING A206 ELECTRIC ENTRY GATE A207 ELECTRIC ENTRY GATE RECIEVER A2O8 ADA PARKING PAINT A2O9 STRUCTURAL COLUMN A21O TRAFFIC BOLLARD iii TRAFFIC STRIPING A213 ROOF ABOVE A214 EAST STAIRS A217 8'-0" BANG BAR C) rn SCALE: 1/8" = 1'-0" 0 8 16 24 32 LEGEND NOTES FLOOR PLAN GENERAL NOTES: 1. DO NOT SCALE DRAWINGS. 2. IN AREAS WITH FLOOR DRAINS, SLOPE CONCRETE SURFACE WITHIN 18" RADIUS AT 1/4" PER FOOT TOWARD FLOOR DRAIN, UNLESS OTHERWISE INDICATED. 3. ALL SPOT ELEVATIONS SHOWN ON THE FLOOR PLANS RELATE TO USGS ELEVATIONS. NOTIFY ARCHITECT IMMEDIATELY SHOULD CONDITIONS BE FOUND CONTRADICTORY TO THESE DRAWINGS. 4. ALL ANGLES SHOWN ON THE FLOOR PLANS ARE 90 DEGREES UNLESS OTHERWISE NOTED. 5. ALL DIMENSIONS ARE TO GRID LINE, FACE OF CONCRETE OR MASONRY, OR FACE OF GYPSUM BOARD, UNLESS OTHERWISE NOTED. 6. ALL FLOOR PLAN DIMENSIONS TO MASONRY ARE NOMINAL DIMENSIONS, UNLESS NOTED AS ACTUAL. Tag Notes Legend Key Value Keynote Text A2O1 9' x 19' PARKING STALL A2O2 ADA PARKING STALL A2O3 ADA VAN PARKING STALL A2O4 ELECTRIC CHARGING PARKING A206 ELECTRIC ENTRY GATE A207 ELECTRIC ENTRY GATE RECIEVER A2O8 ADA PARKING PAINT A2O9 STRUCTURAL COLUMN A21O TRAFFIC BOLLARD A211 TRAFFIC STRIPING A213 ROOF ABOVE A214 ROOF BELOW A217 8'-0" BANG BAR A218 ALTERNATE #1 - PROVIDE FOUR (4) EQUALLY SPACED, RAISED DOMES THREE (3) NON -REFLECTIVE DOMES AND ONE (1) REFLECTIVE DOME AT EACH PARKING STRIPE ON ENTIRE PARKING LEVEL A219 ALTERNATE #2 - STEEL CORNER GUARDS AT ALL COLUMNS R-1 STANDING SEAM METAL ROOF X-1 EXPOSED CONCRETE NORTH U � W z W C- = U) U W C0 0 STAMP 551 N Frontage Rd W Vail, CO 81657 W C A-+ O O . _ J C\I o - C W O cci O O �+ co U 0_ U) O a) CO O n� W E mco Wn , 1a) C C O) O co ,max -a 0 W c cn Cl) .0 a) L. > (13a) c 0 CN ILIJ (0 N ti ILIJ c--� Irl m N cc `oglp 0 6, 411i w Ct Ls)w U) 0 a) 0) C E C cB 0— Architecture Engineering ©2017, DLR Group inc., a Colorado corporation, ALL RIGHTS RESERVED August 1, 2017 - Page 46 of 514 C:\Users\ivan\Documents\1627.02.1 - RSES Parking Garage - CENTRAL_ivan.rvt 7/6/2017 9:04:16 AM 9'-11" PS2.0;1 10 177 WEST STAIRS 4'-0" / 21'-3" 19'-9" 11'-75/16" A211 A206 27'-0" 25'-6" 27'-0" 25'-6" (5) 27'-0" 25'-6" 01 9'-0" A210 A207 4'-0" A201 8222' - 3 7/8" • 0o 8223' - 6 5/8'• A201 Level 3 (13,022 SF) X-1 27'-0" 25'-6" SLOPE TYP 213'-0" A201 / / C� / -0" 8'-0„ A211 05 2'S2.02 "Zr) b , EAST 1 STAIRS R-1 Level 3 1/8" = A214 R-1 A214 PS2.0'41 ' CANTILEVER ROLLING GATE WEST STAIRS A211 A201 8233' - 7 7/8" • A201 Level 4 (13,022 SF) SLOPE X-1 k5'-0" 5'-0" A210 207 A211 2DS2.02 7'-0" -:r 4 EAST STAIRS a) rn N a) a) 2\ 51.0 212'-0" R-1 Level 4 1/8" = R-1 A214 SCALE: 1/8" = 1'-0" 0 8 16 24 32 LEGEND NOTES FLOOR PLAN GENERAL NOTES: 1. DO NOT SCALE DRAWINGS. 2. IN AREAS WITH FLOOR DRAINS, SLOPE CONCRETE SURFACE WITHIN 18" RADIUS AT 1/4" PER FOOT TOWARD FLOOR DRAIN, UNLESS OTHERWISE INDICATED. 3. ALL SPOT ELEVATIONS SHOWN ON THE FLOOR PLANS RELATE TO USGS ELEVATIONS. NOTIFY ARCHITECT IMMEDIATELY SHOULD CONDITIONS BE FOUND CONTRADICTORY TO THESE DRAWINGS. 4. ALL ANGLES SHOWN ON THE FLOOR PLANS ARE 90 DEGREES UNLESS OTHERWISE NOTED. 5. ALL DIMENSIONS ARE TO GRID LINE, FACE OF CONCRETE OR MASONRY, OR FACE OF GYPSUM BOARD, UNLESS OTHERWISE NOTED. 6. ALL FLOOR PLAN DIMENSIONS TO MASONRY ARE NOMINAL DIMENSIONS, UNLESS NOTED AS ACTUAL. Tag Notes Legend Key Value Keynote Text Al 14 27'-0" 27'-0" 27'-3" 9'-11" / / / / / TYP 213'-0" A201 / / C� / -0" 8'-0„ A211 05 2'S2.02 "Zr) b , EAST 1 STAIRS R-1 Level 3 1/8" = A214 R-1 A214 PS2.0'41 ' CANTILEVER ROLLING GATE WEST STAIRS A211 A201 8233' - 7 7/8" • A201 Level 4 (13,022 SF) SLOPE X-1 k5'-0" 5'-0" A210 207 A211 2DS2.02 7'-0" -:r 4 EAST STAIRS a) rn N a) a) 2\ 51.0 212'-0" R-1 Level 4 1/8" = R-1 A214 SCALE: 1/8" = 1'-0" 0 8 16 24 32 LEGEND NOTES FLOOR PLAN GENERAL NOTES: 1. DO NOT SCALE DRAWINGS. 2. IN AREAS WITH FLOOR DRAINS, SLOPE CONCRETE SURFACE WITHIN 18" RADIUS AT 1/4" PER FOOT TOWARD FLOOR DRAIN, UNLESS OTHERWISE INDICATED. 3. ALL SPOT ELEVATIONS SHOWN ON THE FLOOR PLANS RELATE TO USGS ELEVATIONS. NOTIFY ARCHITECT IMMEDIATELY SHOULD CONDITIONS BE FOUND CONTRADICTORY TO THESE DRAWINGS. 4. ALL ANGLES SHOWN ON THE FLOOR PLANS ARE 90 DEGREES UNLESS OTHERWISE NOTED. 5. ALL DIMENSIONS ARE TO GRID LINE, FACE OF CONCRETE OR MASONRY, OR FACE OF GYPSUM BOARD, UNLESS OTHERWISE NOTED. 6. ALL FLOOR PLAN DIMENSIONS TO MASONRY ARE NOMINAL DIMENSIONS, UNLESS NOTED AS ACTUAL. Tag Notes Legend Key Value Keynote Text Al 14 A201 9' x 19' PARKING STALL A202 ADA PARKING STALL A204 ELECTRIC CHARGING PARKING A205 COMPACT PARKING A206 ELECTRIC ENTRY GATE A207 ELECTRIC ENTRY GATE RECIEVER A208 ADA PARKING PAINT A209 STRUCTURAL COLUMN A210 TRAFFIC BOLLARD A211 TRAFFIC STRIPING A214 ROOF BELOW A215 PV PANELS A216 SIDEWALK A218 ALTERNATE #1 - PROVIDE FOUR (4) EQUALLY SPACED, RAISED DOMES THREE (3) NON -REFLECTIVE DOMES AND ONE (1) REFLECTIVE DOME AT EACH PARKING STRIPE ON ENTIRE PARKING LEVEL A219 ALTERNATE #2 - STEEL CORNER GUARDS AT ALL COLUMNS R-1 STANDING SEAM METAL ROOF X-1 EXPOSED CONCRETE NORTH STAMP 551 N Frontage Rd W Vail, CO 81657 W C A-+ O O J C\I o - C W O co O O �+ C- Co 0 0_ u) \ O a) CO O a) E • co ^, W > WI W C O) O C0 v,gcr -a 0C0 ,max W c cr) a3 cn (l) .0 a) -a L. > (13 a) J D o - N c (7)0 N- �i� 0 o ILIJ (0 C 0")ILIJ c--� Irl 6, 411i glp m N nr- ma' co w Ct � w Q O V rze 0 a) 4- 0) C E C c'3 0_ Architecture Engineering ©2017, DLR Group inc., a Colorado corporation, ALL RIGHTS RESERVED August 1, 2017 - Page 47 of 514 C:\Users\ivan\Documents\1627.02.1 - RSES Parking Garage - CENTRAL_ivan.rvt 2:27:12 PM lam. 1.l wel N Q11 m. ■ imna �■ �: .o- o� "mg 1�. Illllilllllllllmz� : 1•O!• IIla.7l.a.aaar� �® I !IIII IIIIIIIj. .– 1i1iiiuum�p, = I� 11111111111111 .� Vii. --M: I ,■sem- ,i,,1. mil 112 3 II !p I■I� II ...ii 1�HI ■Ims HI I� III B= 1111 ..n1_ v pm 9 um South Elevation s2.o1 1/8" = 1'-0" 10 4 North Elevation s2.01/7 1/8" = 11-0" 15'-3" 25'-6" Level 8234' - 10 3/4" (TOP OF SLAB) Level3 8223' 6 5/8" (TOP OF SLAB) Level 8212' - 2 7/8" (TOP OF SLAB) Level 1 8200' - 10 7/8" (TOP OF SLAB) Level4 8234' - 10 3/4" (TOP OF SLAB) LevelI 8223' 6 5/8 (TOP OF SLAB) Level 2 8212' - 2 7/8" (TOP OF SLAB) Level 1 8200' - 10 7/8" SCALE: 1/8" = 1'-0" (TOP OF SLAB) 0 8 16 24 32 LEGEND NOTES EXTERIOR ELEVATION GENERAL NOTES: EXTERIOR FINISHES INDICATED ON ELEVATIONS SEE "EXTERIOR MATERIAL TAGS" FOR MATERIALS. REFERENCE ROOF PLAN FOR LOCATIONS OF ROOF COMPONENETS NOT INDICATED ON EXTERIOR ELEVATIONS. REFER TO MEP AND STRUCTURAL DRAWINGS FOR ANY ADDITIONAL WORK. PROVIDE ALLOWANCE TO SEAL AND CAULK VARIOUS WALL PENERTRATIONS ANS HOLES AROUND EXTERIOR PERIMETER OF BUIDLING, SIMILAR AREAS SUCH AS HOSE BIBS, PIPES, ETC. SEE CIVIL PLANS FOR NOTE TO RESEAL ALL HORIZONTAL CONCRETE AND ASPHALT JOINTS AT EXISTING ASHPALT AREAS. DO NOT SCALE DRAWINGS. X-1 EXPOSED CONCRETE, NO COLOR ADDED X-2 DRY STACK LEDGESTONE STONE VENEER IN LOCAL COLORS X-3 NEW NICHIHA FIBER CEMENT BOARD PANEL IN STYLE VINTAGE WOOD, CEDAR. INSTALLED HORIZONTALLY X-4 STAINLESS STEEL RAILING, POWDER COATED BLACK X-5 WALL MOUNTED PHOTOVOLTAIC PANELS, MANUFACTURER TO BEDETERMINED Tag Notes Legend Key Value Keynote Text A301 STRUCTURAL COLUMNS A302 RAILING A303 8'-0" A304 PV Panel South Elevation s2.o1 1/8" = 1'-0" 10 4 North Elevation s2.01/7 1/8" = 11-0" 15'-3" 25'-6" Level 8234' - 10 3/4" (TOP OF SLAB) Level3 8223' 6 5/8" (TOP OF SLAB) Level 8212' - 2 7/8" (TOP OF SLAB) Level 1 8200' - 10 7/8" (TOP OF SLAB) Level4 8234' - 10 3/4" (TOP OF SLAB) LevelI 8223' 6 5/8 (TOP OF SLAB) Level 2 8212' - 2 7/8" (TOP OF SLAB) Level 1 8200' - 10 7/8" SCALE: 1/8" = 1'-0" (TOP OF SLAB) 0 8 16 24 32 LEGEND NOTES EXTERIOR ELEVATION GENERAL NOTES: EXTERIOR FINISHES INDICATED ON ELEVATIONS SEE "EXTERIOR MATERIAL TAGS" FOR MATERIALS. REFERENCE ROOF PLAN FOR LOCATIONS OF ROOF COMPONENETS NOT INDICATED ON EXTERIOR ELEVATIONS. REFER TO MEP AND STRUCTURAL DRAWINGS FOR ANY ADDITIONAL WORK. PROVIDE ALLOWANCE TO SEAL AND CAULK VARIOUS WALL PENERTRATIONS ANS HOLES AROUND EXTERIOR PERIMETER OF BUIDLING, SIMILAR AREAS SUCH AS HOSE BIBS, PIPES, ETC. SEE CIVIL PLANS FOR NOTE TO RESEAL ALL HORIZONTAL CONCRETE AND ASPHALT JOINTS AT EXISTING ASHPALT AREAS. DO NOT SCALE DRAWINGS. X-1 EXPOSED CONCRETE, NO COLOR ADDED X-2 DRY STACK LEDGESTONE STONE VENEER IN LOCAL COLORS X-3 NEW NICHIHA FIBER CEMENT BOARD PANEL IN STYLE VINTAGE WOOD, CEDAR. INSTALLED HORIZONTALLY X-4 STAINLESS STEEL RAILING, POWDER COATED BLACK X-5 WALL MOUNTED PHOTOVOLTAIC PANELS, MANUFACTURER TO BEDETERMINED Tag Notes Legend Key Value Keynote Text A301 STRUCTURAL COLUMNS A302 RAILING A303 CONCRETE SPANDREL L -BEAM A304 PV Panel A305 ELECTRIC ENTRY GATE A306 ELECTRIC ENTRY GATE RECIEVER A307 TRAFFIC BOLLARD A308 STANDING SEAM METAL ROOF A309 PRECAST DOUBLE TS A310 WEST TAIRS A311 EAST STAIRS A316 STAINLESS STEEL DOWNSPOUT A317 STAINLESS STEEL GUTTER X-1 EXPOSED CONCRETE X-2 STONE VENEER X-3 NICHIHA WOOD VENEER X-4 PV PANEL X-5 RAILING U � w z w V 2 U) U w CO 0 STAMP 551 N Frontage Rd W Vail, CO 81657 + 00 c O O ■ E .1 N O- C O O CO O U O C- CV U 0 O CO - CV O W E mco W > WI W C O) O 2 -0 CJ) C0 o) (n � i0C C) ■- >L 4) ff3 w D o- r N C/) 0 ui o . ti CV IO C:) IilI. ► : e; •5 CN CO O ILLI cm )ti U]3m �aCN :I• ■�■ J cCi Co ■. 1l/1 1--- r,�. w NZ w • 0 a) 0) C C C Architecture Engineering ©2017, DLR Group inc., a Colorado corporation, ALL RIGHTS RESERVED August 1, 2017 - Page 48 of 514 C:\Users\ivan\Documents\1627.02.1 - RSES Parking Garage - CENTRAL_ivan.rvt 2:30:35 PM 19'-9" 64' - 0" 2 S3.01 ED) 22'-6" 1'-0' 23'-6" Level 4 j 8234' - 10 3/4" -I (TOP OF SLAB) Level 3 8223' - 6 5/8" (TOP OF SLAB) 1 West Elevation s2.o 1/8" = 1'-0" 2 S2.0 21'-0" 19'-0" I Level„ 8200' - 10 7/8 East Elevation 1/8" = 1'-0" (TOP OF SLAB) Level 4 8234' - 10 3/4" (TOP OF SLAB) Level 3 AL —8223' - 6 5/8" (TOP OF SLAB) Level 2 AL 8212' - 2 7/8" (TOP OF SLAB) Level 1 8200' - 10 7/8"® (TOP OF SLAB) SCALE: 1/8" = 1'-0" 0 8 16 24 32 LEGEND NOTES EXTERIOR ELEVATION GENERAL NOTES: 1. EXTERIOR FINISHES INDICATED ON ELEVATIONS SEE "EXTERIOR MATERIAL TAGS" FOR MATERIALS. 2. REFERENCE ROOF PLAN FOR LOCATIONS OF ROOF COMPONENETS NOT INDICATED ON EXTERIOR ELEVATIONS. 3. REFER TO MEP AND STRUCTURAL DRAWINGS FOR ANY ADDITIONAL WORK. 5. PROVIDE ALLOWANCE TO SEAL AND CAULK VARIOUS WALL PENERTRATIONS ANS HOLES AROUND EXTERIOR PERIMETER OF BUIDLING, SIMILAR AREAS SUCH AS HOSE BIBS, PIPES, ETC. 7. SEE CIVIL PLANS FOR NOTE TO RESEAL ALL HORIZONTAL CONCRETE AND ASPHALT JOINTS AT EXISTING ASHPALT AREAS. 9. DO NOT SCALE DRAWINGS. X-1 EXPOSED CONCRETE, NO COLOR ADDED X-2 DRY STACK LEDGESTONE STONE VENEER IN LOCAL COLORS U LLJ z w V U w CO 0 STAMP X-3 NEW NICHIHA FIBER CEMENT BOARD PANEL IN 551 N Frontage Rd W STYLE VINTAGE WOOD, CEDAR. INSTALLED Vail, CO 81657 HORIZONTALLY X-4 STAINLESS STEEL RAILING, POWDER COATED BLACK X-5 WALL MOUNTED PHOTOVOLTAIC PANELS, MANUFACTURER TO BEDETERMINED Tag Notes Legend Key Value Keynote Text A316 STAINLESS STEEL DOWNSPOUT A318 WOOD WRAPPED BEAM X-1 EXPOSED CONCRETE X-2 STONE VENEER X-3 NICHIHA WOOD VENEER X-4 PV PANEL X-5 RAILING W A-° O O ■ E .1 N O - C O O CO O U O C- (13 U 0 O (10 O W E mco W > WI W C O) O 2 VI co -o co o) - 0 ■C �--I - -o >^^,, L W jDo- C1 O N C/) 0 • 0 a) 0) C C C Architecture Engineering ©2017, DLR Group inc., a Colorado corporation, ALL RIGHTS RESERVED August 1, 2017 - Page 49 of 514 C:\Users\ivan\Documents\1627.02.1 - RSES Parking Garage - CENTRAL_ivan.rvt 7/6/2017 9:04:50 AM A310 1 S3.01 io 10 1 A301 A301- 2 m I ii -2, A306 Level4 8234' - 10 3/4" -- (TOP OF SLAB) Level 3 8223' - 6 5/8"V (TOP OF SLAB) Level 2 8212' - 2 7/8"-V _(TOP OF SLAB) Level 1 8210' - 10 7/8"� Longitudinal Section 1/8" = 1'-0" I I I (B) I I I A301 I I I S3.01 A3Q1, A303 R-1 8234' - 10 3/4" (TOP OF SLAB) Level 3_4- 8223' - 6 5/8" ' _I (TOP OF SLAB) Level 2 8212' - 2 7/8"V 1 Cross Section 1s3.0 1/8" = i 8210' ii-i-Le10 7vel/81— ' (TOPi FSLAB)I SCALE: 1/8" =11-0" (TOP OF SLAB) 0 8 16 24 32 LEGEND NOTES Tag Notes Legend Key Value Keynote Text A3 09 A301 STRUCTURAL COLUMNS A302 RAILING A303 CONCRETE SPANDREL L -BEAM A304 PV Panel A305 ELECTRIC ENTRY GATE A306 ELECTRIC ENTRY GATE RECIEVER A307 TRAFFIC BOLLARD A309 PRECAST DOUBLE TS A310 WEST TAI RS A312 A313 WATER FOUNTAIN A314 CONRETE SLAB A315 METAL GRATE R-1 STANDING SEAM METAL ROOF W-1 W-2 W-3 X-1 EXPOSED CONCRETE U � w u) z W C- = U) U w CO 0 STAMP 551 N Frontage Rd W Vail, CO 81657 w O O ■ e .1 C\I O- C O O CO O U O C- ca U 0 O CO - Co O a) E mco W > WI W C O) O C0 VI co -o V, co cm � ■ � o -o U W co U) D 0 N- 0 o ILIJ o :e. 0-)ILIJ c--� Irl f°: m 5 .17D N ICC `oglp 6, 411i L w Loc>w • 0 a) 0) C E C c'3 0_ Architecture Engineering ©2017, DLR Group inc., a Colorado corporation, ALL RIGHTS RESERVED August 1, 2017 - Page 50 of 514 P:\1627 ECSD 3rdSt-RSES Projects\Red Sandstone\1627.02.1 Combined Sites\1627.02.1 - RSES Combined Sites_062117.rvt 7/6/2017 12:56:06 PM r ■ DLR Group Architecture Engineering Planning Interiors ©2017, DLR Group inc., a Colorado corporation, ALL RIGHTS RESERVED wmy 'A -I 56 Edwards Village Blvd Suite 210 Edwards, CO 816362 970-766-1740 TAF A t17,TMLJuIQ LOQ € __ - nom- nVki NN\I Is, nu INTI raniA uunaInut. IKun Imo-€_ II pi August 1, 2017 - Page 51 PS9.04 1627.02.1 07/06/17 Revisions of 514 Solar Analysis (Garage) Red Sandstone Elementary School Renovation + Parking Garage - Vail Potato Patch Block 2 Lot 8 c1 co., n Z OT co quo 01 cD 7J Q SCHEMATIC DESIGN SET P:\1627 ECSD 3rdSt-RSES Projects\Red Sandstone\1627.02.1 Combined Sites\1627.02.1 - RSES Combined Sites_062117.rvt 7/6/2017 12:53:40 PM r I V Jd00:Z `CZ H138VV31d3S ■ DLR Group Architecture Engineering Planning Interiors ©2017, DLR Group inc., a Colorado corporation, ALL RIGHTS RESERVED wm, 'A -I 56 Edwards Village Blvd Suite 210 Edwards, CO 816362 970-766-1740 TAF A t17,TMVLi1QLO�€ —__ ��- .€- n nuntru nt.nu uuna I nut I mun A mo August 1, 2017 - Page 52 PS9.05 1627.02.1 07/06/17 Revisions of 514 Solar Analysis (Garage) Red Sandstone Elementary School Renovation + Parking Garage - Vail Potato Patch Block 2 Lot 8 cn SCHEMATIC DESIGN SET (4) (5) (6) (8) (9) I °d 14 REOSAMSTOI➢E ELEMENTARY,sCHH000_ 4 Roof Plan AL 22'-0" (+8262.10') Second Floor AL 11' - 1" (+8251.09') South Elevation A2.o1/ 1/1 6" = 1-0" 3West Elevation A2.01 1/16" = NMI ■ I■ I■ EX -3 13 11 1111111111111 1111 4 North Elevation A2.01 1/16" = EX -3- d 11 Roof Plan Akk 22'-0" (+8262.10') Second Floor 11' - 1" (+8251.09') Main Floor Aki 0'-0" (+8240.10')- 0 0 Q Q N 011111111011•11111 iii »-- =— i I r,illlll 11111111Illliill111ll11010 (2.01 /16" = 1'-0" East Elevation 1 A3.01 ti A / \ A / \ • A X-1; I I I I Roof Plan AL 22'-0" (+8262.10') Second Floor Aki 11' - 1" (+8251.09')— Main Floor AL 0'-0" (+8240.10')— Main Floor AL 0'-0" (+8240.10')— Roof Plan 22'--0" (+8262.10') Second Floor 11' - 1" (+8251.09')— Main Floor 0'-0" (+8240.10')— SCALE: 1/16" = 1'-0" 0 16 32 48 64 LEGEND NOTES LEGEND NOTES ARE COMMON TO ALL EXTERIOR ELEVATIONS SOME NOTES MAY NOT APPLY TO THIS SHEET EXTERIOR ELEVATION GENERAL NOTES: 1. EXTERIOR FINISHES INDICATED ON ELEVATIONS SEE "EXTERIOR MATERIAL LEGEND" FOR MATERIALS. 2. RFERENCE ROOF PLAN FOR LOCATIONS OF ROOF COMPONENETS NOT INDICATED ON EXTERIOR ELEVATIONS. 3. REFER TO MEP AND STRUCTURAL DRAWINGS FOR ANY ADDITIONAL WORK. 4. ASSUME ALL PAINTED SURFACES WILL BE REPAINTED. THIS INCLUDES BUT IS NOT LIMITED TO: DOORS, DOOR FRAMES, WINDOW FRAMES, AND HEADERS, CEILINGS, HANDRAILS, EXPOSED MECHANICAL, CMU ACCENTS, SOFFITS, STRUCTURAL BEAMS, AND ETC. 5. PROVIDE ALLOWANCE TO SEAL AND CAULK VARIOUS WALL PENERTRATIONS ANS HOLES AROUND EXTERIOR PERIMETER OF BUIDLING, SIMILAR AREAS SUCH AS HOSE BIBS, PIPES, ETC. 6. PROVIDE ALLOWANCE TO REVIEW ALL EXPOSED ELECTRICAL CONDUIT TO DETERMINE FEASIBILITY TO REMOVE OR RELOCATE. INCLUDE IN ALLOWANCE LABOR AND MATERIALS TO REMOVE OR RELOCATE. 7. SEE CIVIL PLANS FOR NOTE TO RESEAL ALL HORIZONTAL CONCRETE AND ASPHALT JOINTS AT BUILDING. 8. WHEN A PORTION OF A WALL IS PAINTED ASSUME THE ENTIRE WALL IS PAINTED TO INSIDE OR OUTSIDE CORNERS. 9. DO NOT SCALE DRAWINGS. 10. ALL ANGLES SHOWN ON THE FLOOR PLANS ARE 90 DEGREES UNLESS NOTED OTHERWISE. EXTERIOR MATERIAL LEGEND: X-1 NEW STUCCO WITH INTERGRAL COLOR FINISH COAT, COLOR SIMILAR TO AS SHOWN X-2 NEW STUCCO WITH INTERGRAL COLOR FINISH COAT, COLOR SIMILAR TO AS SHOWN X-3 NEW BOARD FORMED CONCRETE, TO MATCH EXSITING X-4 NEW ASHLAR PATTERN DRY STACK, SMOOTH FINISH STONE IN LOCAL COLORS X-5 NEW NICHIHA FIBER CEMENT BOARD PANEL IN STYLE VINTAGE WOOD, CEDAR. INSTALLED HORIZONTALLY X-6 NEW STUCCO WITH INTERGRAL COLOR FINISH COAT, COLOR COLOR SIMILAR TO AS SHOWN X-7 NEW GLULAM LAMINATED TIMBER, STAINED X-8 NEW BLACK ALUMINUM, WINDOW MOUNTED SOLAR SHADES X-9 NEW ARCHITECTURAL WOOD SOFFIT AND FASCIA, STAINED U Co v , z Lu 0 2C!) w (/) 0 STAMP TAG NOTE LEGEND TAG NOTE EX -3 EXISTING BOARD FORMED CONCRETE X-1 NEW STUCCO WITH INTERGRAL COLOR FINISH COAT, COLOR SIMILAR TO AS SHOWN 551 N Frontage Rd West Vail, CO 81657 p C C0 W c A-0 O 0 .� J C� N O - c U O O m O v O (- Ct U CL O 126 (13 }� O nC o- E a) III cn O O) O 0 2 `> V / co W -0 0 W C CO u) .c W O O N N O N CO N- o 0 0 ci o N 0) co m a) 0) 0 Ca 0 Lu CD Ln C Cfl ti N- CT N CO M Cfl aD 0 0 V) 0 0 w O V ce 0 • Architecture Engineering ©2017, DLR Group inc., a Colorado corporation, ALL RIGHTS RESERVED August 1, 2017 - Page 53 of 514 w 0) -cU J I- H z w U 00 w Cn N N 0) E < o 0 • C? U N (2 06 O c D o I� X-9 X-7 X-7 X-5 X-7 X-8 1�South Elevation - Area A 2.02 1/8" = 2 CV Q Ow '0 nzt 0 N 0 r � / X-1 A301 NEW STANDING METAL SEAM ROOF A304 EXISTING ATT CELL EQUIPMENT TO REMAIN / \ 1�South Elevation - Area A 2.02 1/8" = 2 CV Q Ow '0 nzt 0 N 0 r � / X-1 X-1 X-1 11 12 2 A3.01 EX -3 4 CSD SA lSTO IEE C 1ENTARY SCHOOL A312 .14 I NAM _m! 'EX -3 117 IV If a South Elevation - Area B A2.02 1/8" = 1'-0" d i3SouthWest Elevation X-3 Roof Plan AL 22'-0" (+8262.10') Second Floor AL 11'-1" (+8251.09') Lu z o° tio., H Main Floor 0 -0 A2.02 1/8" = (+8240.10') -4" c m I --m m m m- EX -3 d A X-8 X-9 10 N I I X-7 I A Roof Plan 22'-0" (+8262.10') Second Floor 11' - 1" (+8251.09') Main Floor � 0'-0" (+8240.10') Roof Plan 22'-0" (+8262.10') Second Floor 11' - 1" (+8251.09') EX -3, �+a aA 4 Enlarged West Elevation A2.02 1/8" = 1'-0" Main Floor 0'-0" (+8240.10') SCALE: 1/8" = 1'-0" X-9 Roof Plan 22' - 0" (+8262.10') Second Floor 11'-1" (+8251.09') Main Floor 0'-0" (+8240.10') 0 8 16 24 32 LEGEND NOTES LEGEND NOTES ARE COMMON TO ALL EXTERIOR ELEVATIONS SOME NOTES MAY NOT APPLY TO THIS SHEET EXTERIOR ELEVATION GENERAL NOTES: 1. EXTERIOR FINISHES INDICATED ON ELEVATIONS SEE "EXTERIOR MATERIAL LEGEND" FOR MATERIALS. 2. RFERENCE ROOF PLAN FOR LOCATIONS OF ROOF COMPONENETS NOT INDICATED ON EXTERIOR ELEVATIONS. 3. REFER TO MEP AND STRUCTURAL DRAWINGS FOR ANY ADDITIONAL WORK. 4. ASSUME ALL PAINTED SURFACES WILL BE REPAINTED. THIS INCLUDES BUT IS NOT LIMITED TO: DOORS, DOOR FRAMES, WINDOW FRAMES, AND HEADERS, CEILINGS, HANDRAILS, EXPOSED MECHANICAL, CMU ACCENTS, SOFFITS, STRUCTURAL BEAMS, AND ETC. 5. PROVIDE ALLOWANCE TO SEAL AND CAULK VARIOUS WALL PENERTRATIONS ANS HOLES AROUND EXTERIOR PERIMETER OF BUIDLING, SIMILAR AREAS SUCH AS HOSE BIBS, PIPES, ETC. 6. PROVIDE ALLOWANCE TO REVIEW ALL EXPOSED ELECTRICAL CONDUIT TO DETERMINE FEASIBILITY TO REMOVE OR RELOCATE. INCLUDE IN ALLOWANCE LABOR AND MATERIALS TO REMOVE OR RELOCATE. 7. SEE CIVIL PLANS FOR NOTE TO RESEAL ALL HORIZONTAL CONCRETE AND ASPHALT JOINTS AT BUILDING. 8. WHEN A PORTION OF A WALL IS PAINTED ASSUME THE ENTIRE WALL IS PAINTED TO INSIDE OR OUTSIDE CORNERS. 9. DO NOT SCALE DRAWINGS. 10. ALL ANGLES SHOWN ON THE FLOOR PLANS ARE 90 DEGREES UNLESS NOTED OTHERWISE. EXTERIOR MATERIAL LEGEND: TAG X-1 NEW STUCCO WITH INTERGRAL COLOR FINISH COAT, COLOR SIMILAR TO AS SHOWN X-2 NEW STUCCO WITH INTERGRAL COLOR FINISH COAT, COLOR SIMILAR TO AS SHOWN X-3 NEW BOARD FORMED CONCRETE, TO MATCH EXSITING X-4 NEW ASHLAR PATTERN DRY STACK, SMOOTH FINISH STONE IN LOCAL COLORS X-5 NEW NICHIHA FIBER CEMENT BOARD PANEL IN STYLE VINTAGE WOOD, CEDAR. INSTALLED HORIZONTALLY X-6 NEW STUCCO WITH INTERGRAL COLOR FINISH COAT, COLOR COLOR SIMILAR TO AS SHOWN X-7 NEW GLULAM LAMINATED TIMBER, STAINED X-8 NEW BLACK ALUMINUM, WINDOW MOUNTED SOLAR SHADES X-9 NEW ARCHITECTURAL WOOD SOFFIT AND FASCIA, STAINED TAG NOTE LEGEND NOTE U I— LLJ vJ w CD 2 U) U w U) STAMP A3 06 A301 NEW STANDING METAL SEAM ROOF A304 EXISTING ATT CELL EQUIPMENT TO REMAIN A305 INSTALL NEW GUTTER AND DOWNSPOUT A306 INSTALL NEW STOREFRONT GLAZING, REF FLOOR PLANS A307 INSTALL NEW DOUBLE DOORS A309 X -5I A310 - - A311 EXISTING WINDOW TO REMAIN A312 INSTALL NEW SCHOOL SIGNAGE ON BUIDLING EX -3 EXISTING BOARD FORMED CONCRETE X-1 NEW STUCCO WITH INTERGRAL COLOR FINISH COAT, COLOR SIMILAR TO AS SHOWN X-2 NEW STUCCO WITH INTERGRAL COLOR FINISH COAT, COLOR SIMILAR TO AS SHOWN X-3 NEW BOARD FORMED CONCRETE, TO MATCH EXISTING X-4 NEW ASHLAR PATTERN SMOOTH FINISH STONE X-5 NEW NICHIHA HORIZONTAL VINTAGE WOOD VENEER PANEL, CEDAR X-6 NEW STUCCO WITH INTERGRAL COLOR FINISH COAT, COLOR SIMILAR AS SHOWN X-7 NEW GLULAM LAMINATED TIMBER, STAINED X-8 NEW BLACK ALUMINUM, WINDOW MOUNTED SOLAR SHADES X-9 NEW ARCHITECTURAL WOOD SOFFIT AND FASCIA, STAINED ,III ,IIII IIII III I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I '_ I I I I I I I I I '_ I I '_I _I _' -I _ _ _ _� - _ I- _ -i _� C _ _ _ _ -il _' -I �� � - -1�� - _., - `tom _-- _•a— - i ��ie \ 9 9 B� NE IIN �9 _Aroma Eil —maxis ® ®ma® ®om® �® ®m�� was - - .5®m�om��.m�®mms® M - - - - - - - - - - - - I-- - X-1 X-1 11 12 2 A3.01 EX -3 4 CSD SA lSTO IEE C 1ENTARY SCHOOL A312 .14 I NAM _m! 'EX -3 117 IV If a South Elevation - Area B A2.02 1/8" = 1'-0" d i3SouthWest Elevation X-3 Roof Plan AL 22'-0" (+8262.10') Second Floor AL 11'-1" (+8251.09') Lu z o° tio., H Main Floor 0 -0 A2.02 1/8" = (+8240.10') -4" c m I --m m m m- EX -3 d A X-8 X-9 10 N I I X-7 I A Roof Plan 22'-0" (+8262.10') Second Floor 11' - 1" (+8251.09') Main Floor � 0'-0" (+8240.10') Roof Plan 22'-0" (+8262.10') Second Floor 11' - 1" (+8251.09') EX -3, �+a aA 4 Enlarged West Elevation A2.02 1/8" = 1'-0" Main Floor 0'-0" (+8240.10') SCALE: 1/8" = 1'-0" X-9 Roof Plan 22' - 0" (+8262.10') Second Floor 11'-1" (+8251.09') Main Floor 0'-0" (+8240.10') 0 8 16 24 32 LEGEND NOTES LEGEND NOTES ARE COMMON TO ALL EXTERIOR ELEVATIONS SOME NOTES MAY NOT APPLY TO THIS SHEET EXTERIOR ELEVATION GENERAL NOTES: 1. EXTERIOR FINISHES INDICATED ON ELEVATIONS SEE "EXTERIOR MATERIAL LEGEND" FOR MATERIALS. 2. RFERENCE ROOF PLAN FOR LOCATIONS OF ROOF COMPONENETS NOT INDICATED ON EXTERIOR ELEVATIONS. 3. REFER TO MEP AND STRUCTURAL DRAWINGS FOR ANY ADDITIONAL WORK. 4. ASSUME ALL PAINTED SURFACES WILL BE REPAINTED. THIS INCLUDES BUT IS NOT LIMITED TO: DOORS, DOOR FRAMES, WINDOW FRAMES, AND HEADERS, CEILINGS, HANDRAILS, EXPOSED MECHANICAL, CMU ACCENTS, SOFFITS, STRUCTURAL BEAMS, AND ETC. 5. PROVIDE ALLOWANCE TO SEAL AND CAULK VARIOUS WALL PENERTRATIONS ANS HOLES AROUND EXTERIOR PERIMETER OF BUIDLING, SIMILAR AREAS SUCH AS HOSE BIBS, PIPES, ETC. 6. PROVIDE ALLOWANCE TO REVIEW ALL EXPOSED ELECTRICAL CONDUIT TO DETERMINE FEASIBILITY TO REMOVE OR RELOCATE. INCLUDE IN ALLOWANCE LABOR AND MATERIALS TO REMOVE OR RELOCATE. 7. SEE CIVIL PLANS FOR NOTE TO RESEAL ALL HORIZONTAL CONCRETE AND ASPHALT JOINTS AT BUILDING. 8. WHEN A PORTION OF A WALL IS PAINTED ASSUME THE ENTIRE WALL IS PAINTED TO INSIDE OR OUTSIDE CORNERS. 9. DO NOT SCALE DRAWINGS. 10. ALL ANGLES SHOWN ON THE FLOOR PLANS ARE 90 DEGREES UNLESS NOTED OTHERWISE. EXTERIOR MATERIAL LEGEND: TAG X-1 NEW STUCCO WITH INTERGRAL COLOR FINISH COAT, COLOR SIMILAR TO AS SHOWN X-2 NEW STUCCO WITH INTERGRAL COLOR FINISH COAT, COLOR SIMILAR TO AS SHOWN X-3 NEW BOARD FORMED CONCRETE, TO MATCH EXSITING X-4 NEW ASHLAR PATTERN DRY STACK, SMOOTH FINISH STONE IN LOCAL COLORS X-5 NEW NICHIHA FIBER CEMENT BOARD PANEL IN STYLE VINTAGE WOOD, CEDAR. INSTALLED HORIZONTALLY X-6 NEW STUCCO WITH INTERGRAL COLOR FINISH COAT, COLOR COLOR SIMILAR TO AS SHOWN X-7 NEW GLULAM LAMINATED TIMBER, STAINED X-8 NEW BLACK ALUMINUM, WINDOW MOUNTED SOLAR SHADES X-9 NEW ARCHITECTURAL WOOD SOFFIT AND FASCIA, STAINED TAG NOTE LEGEND NOTE U I— LLJ vJ w CD 2 U) U w U) STAMP A3 06 A301 NEW STANDING METAL SEAM ROOF A304 NAM _m! 'EX -3 117 IV If a South Elevation - Area B A2.02 1/8" = 1'-0" d i3SouthWest Elevation X-3 Roof Plan AL 22'-0" (+8262.10') Second Floor AL 11'-1" (+8251.09') Lu z o° tio., H Main Floor 0 -0 A2.02 1/8" = (+8240.10') -4" c m I --m m m m- EX -3 d A X-8 X-9 10 N I I X-7 I A Roof Plan 22'-0" (+8262.10') Second Floor 11' - 1" (+8251.09') Main Floor � 0'-0" (+8240.10') Roof Plan 22'-0" (+8262.10') Second Floor 11' - 1" (+8251.09') EX -3, �+a aA 4 Enlarged West Elevation A2.02 1/8" = 1'-0" Main Floor 0'-0" (+8240.10') SCALE: 1/8" = 1'-0" X-9 Roof Plan 22' - 0" (+8262.10') Second Floor 11'-1" (+8251.09') Main Floor 0'-0" (+8240.10') 0 8 16 24 32 LEGEND NOTES LEGEND NOTES ARE COMMON TO ALL EXTERIOR ELEVATIONS SOME NOTES MAY NOT APPLY TO THIS SHEET EXTERIOR ELEVATION GENERAL NOTES: 1. EXTERIOR FINISHES INDICATED ON ELEVATIONS SEE "EXTERIOR MATERIAL LEGEND" FOR MATERIALS. 2. RFERENCE ROOF PLAN FOR LOCATIONS OF ROOF COMPONENETS NOT INDICATED ON EXTERIOR ELEVATIONS. 3. REFER TO MEP AND STRUCTURAL DRAWINGS FOR ANY ADDITIONAL WORK. 4. ASSUME ALL PAINTED SURFACES WILL BE REPAINTED. THIS INCLUDES BUT IS NOT LIMITED TO: DOORS, DOOR FRAMES, WINDOW FRAMES, AND HEADERS, CEILINGS, HANDRAILS, EXPOSED MECHANICAL, CMU ACCENTS, SOFFITS, STRUCTURAL BEAMS, AND ETC. 5. PROVIDE ALLOWANCE TO SEAL AND CAULK VARIOUS WALL PENERTRATIONS ANS HOLES AROUND EXTERIOR PERIMETER OF BUIDLING, SIMILAR AREAS SUCH AS HOSE BIBS, PIPES, ETC. 6. PROVIDE ALLOWANCE TO REVIEW ALL EXPOSED ELECTRICAL CONDUIT TO DETERMINE FEASIBILITY TO REMOVE OR RELOCATE. INCLUDE IN ALLOWANCE LABOR AND MATERIALS TO REMOVE OR RELOCATE. 7. SEE CIVIL PLANS FOR NOTE TO RESEAL ALL HORIZONTAL CONCRETE AND ASPHALT JOINTS AT BUILDING. 8. WHEN A PORTION OF A WALL IS PAINTED ASSUME THE ENTIRE WALL IS PAINTED TO INSIDE OR OUTSIDE CORNERS. 9. DO NOT SCALE DRAWINGS. 10. ALL ANGLES SHOWN ON THE FLOOR PLANS ARE 90 DEGREES UNLESS NOTED OTHERWISE. EXTERIOR MATERIAL LEGEND: TAG X-1 NEW STUCCO WITH INTERGRAL COLOR FINISH COAT, COLOR SIMILAR TO AS SHOWN X-2 NEW STUCCO WITH INTERGRAL COLOR FINISH COAT, COLOR SIMILAR TO AS SHOWN X-3 NEW BOARD FORMED CONCRETE, TO MATCH EXSITING X-4 NEW ASHLAR PATTERN DRY STACK, SMOOTH FINISH STONE IN LOCAL COLORS X-5 NEW NICHIHA FIBER CEMENT BOARD PANEL IN STYLE VINTAGE WOOD, CEDAR. INSTALLED HORIZONTALLY X-6 NEW STUCCO WITH INTERGRAL COLOR FINISH COAT, COLOR COLOR SIMILAR TO AS SHOWN X-7 NEW GLULAM LAMINATED TIMBER, STAINED X-8 NEW BLACK ALUMINUM, WINDOW MOUNTED SOLAR SHADES X-9 NEW ARCHITECTURAL WOOD SOFFIT AND FASCIA, STAINED TAG NOTE LEGEND NOTE U I— LLJ vJ w CD 2 U) U w U) STAMP A3 06 A301 NEW STANDING METAL SEAM ROOF A304 EXISTING ATT CELL EQUIPMENT TO REMAIN A305 INSTALL NEW GUTTER AND DOWNSPOUT A306 INSTALL NEW STOREFRONT GLAZING, REF FLOOR PLANS A307 INSTALL NEW DOUBLE DOORS A309 INSTALL NEW WALL -MOUNTED SOLAR SHADE A310 INSTALL NEW WINDOWS WITH STUCCO SILL A311 EXISTING WINDOW TO REMAIN A312 INSTALL NEW SCHOOL SIGNAGE ON BUIDLING EX -3 EXISTING BOARD FORMED CONCRETE X-1 NEW STUCCO WITH INTERGRAL COLOR FINISH COAT, COLOR SIMILAR TO AS SHOWN X-2 NEW STUCCO WITH INTERGRAL COLOR FINISH COAT, COLOR SIMILAR TO AS SHOWN X-3 NEW BOARD FORMED CONCRETE, TO MATCH EXISTING X-4 NEW ASHLAR PATTERN SMOOTH FINISH STONE X-5 NEW NICHIHA HORIZONTAL VINTAGE WOOD VENEER PANEL, CEDAR X-6 NEW STUCCO WITH INTERGRAL COLOR FINISH COAT, COLOR SIMILAR AS SHOWN X-7 NEW GLULAM LAMINATED TIMBER, STAINED X-8 NEW BLACK ALUMINUM, WINDOW MOUNTED SOLAR SHADES X-9 NEW ARCHITECTURAL WOOD SOFFIT AND FASCIA, STAINED 551 N Frontage Rd West Vail, CO 81657 O co O w O ■ 4-) ->a< w O 0) w p C al W C A-0 O 0 .� J C� N O- C O O � m O v O Ct U CL O (13 D- O _ E O > LI. I W C O) o 2 V /-a Ct O) U) .0 -a L. O co N O N N 0 N O N- o 0 0 Ns. Cfl N••• N- 0) N CO M Cfl co 0 0 U) 0 0 w O V ce D ■ (22 0 'L N 0, C C C CO 0 Architecture Engineering ©2017, DLR Group inc., a Colorado corporation, ALL RIGHTS RESERVED August 1, 2017 - Page 54 of 514 X-9 X-9 0 rztw 2 oO zn Z w 7-0 O 0 7o N w 0 0 E (3)O N -5 X-4 X-9 C. (B) ,1Enlarged East Elevation \A2.03 1/8" = Co \'7 X-2 EX -3° 7 EX -3, -a-- EX -3 Q' EX -3; A / II L— A / A / / A L X-1 I I I I I �2North Elevation - Area A \A2.03 1/8" = 1-0" Roof Plan 22'-00" (+8262.10') Second Floor 11'- 1" (+8251.09') Main Floor 0'-0" (+8240.10') EX -3 a -a -1 77 11 10 CO 0 N N Roof Pla 22' - 0" (+8262.10') Second Floor fth 11'-1" ' (+8251.09') I 37North Elevation - Area B (2.03 1/8" = 1'-0" Main Floor 0'-0" (+8240.10') Roof Plan 22'-0" (+8262.10') Second Floor 11' - 1" (+8251.09') Main Floor 0'--0" (+8240.10') SCALE: 1/8" = 1'-0" 0 8 16 24 32 LEGEND NOTES LEGEND NOTES ARE COMMON TO ALL EXTERIOR ELEVATIONS SOME NOTES MAY NOT APPLY TO THIS SHEET EXTERIOR ELEVATION GENERAL NOTES: EXTERIOR FINISHES INDICATED ON ELEVATIONS SEE "EXTERIOR MATERIAL LEGEND" FOR MATERIALS. RFERENCE ROOF PLAN FOR LOCATIONS OF ROOF COMPONENETS NOT INDICATED ON EXTERIOR ELEVATIONS. REFER TO MEP AND STRUCTURAL DRAWINGS FOR ANY ADDITIONAL WORK. ASSUME ALL PAINTED SURFACES WILL BE REPAINTED. THIS INCLUDES BUT IS NOT LIMITED TO: DOORS, DOOR FRAMES, WINDOW FRAMES, AND HEADERS, CEILINGS, HANDRAILS, EXPOSED MECHANICAL, CMU ACCENTS, SOFFITS, STRUCTURAL BEAMS, AND ETC. PROVIDE ALLOWANCE TO SEAL AND CAULK VARIOUS WALL PENERTRATIONS ANS HOLES AROUND EXTERIOR PERIMETER OF BUIDLING, SIMILAR AREAS SUCH AS HOSE BIBS, PIPES, ETC. PROVIDE ALLOWANCE TO REVIEW ALL EXPOSED ELECTRICAL CONDUIT TO DETERMINE FEASIBILITY TO REMOVE OR RELOCATE. INCLUDE IN ALLOWANCE LABOR AND MATERIALS TO REMOVE OR RELOCATE. SEE CIVIL PLANS FOR NOTE TO RESEAL ALL HORIZONTAL CONCRETE AND ASPHALT JOINTS AT BUILDING. WHEN A PORTION OF A WALL IS PAINTED ASSUME THE ENTIRE WALL IS PAINTED TO INSIDE OR OUTSIDE CORNERS. 9. DO NOT SCALE DRAWINGS. 10. ALL ANGLES SHOWN ON THE FLOOR PLANS ARE 90 DEGREES UNLESS NOTED OTHERWISE. EXTERIOR MATERIAL LEGEND: X-1 NEW STUCCO WITH INTERGRAL COLOR FINISH COAT, COLOR SIMILAR TO AS SHOWN X-2 NEW STUCCO WITH INTERGRAL COLOR FINISH COAT, COLOR SIMILAR TO AS SHOWN X-3 NEW BOARD FORMED CONCRETE, TO MATCH EXSITING X-4 NEW ASHLAR PATTERN DRY STACK, SMOOTH FINISH STONE IN LOCAL COLORS X-5 NEW NICHIHA FIBER CEMENT BOARD PANEL IN STYLE VINTAGE WOOD, CEDAR. INSTALLED HORIZONTALLY X-6 NEW STUCCO WITH INTERGRAL COLOR FINISH COAT, COLOR COLOR SIMILAR TO AS SHOWN X-7 NEW GLULAM LAMINATED TIMBER, STAINED X-8 NEW BLACK ALUMINUM, WINDOW MOUNTED SOLAR SHADES X-9 NEW ARCHITECTURAL WOOD SOFFIT AND FASCIA, STAINED STAMP TAG NOTE LEGEND TAG NOTE A302 EXISTING ROOF MOUNTED MECHAINCAL EQUIPMENT TO REMAIN A303 NEW ROOF MOUNTED MECHANICAL EQUIPMEN A304 EXISTING ATT CELL EQUIPMENT TO REMAIN EX -3 EXISTING BOARD FORMED CONCRETE EX -3, -a-- EX -3 Q' EX -3; A / II L— A / A / / A L X-1 I I I I I �2North Elevation - Area A \A2.03 1/8" = 1-0" Roof Plan 22'-00" (+8262.10') Second Floor 11'- 1" (+8251.09') Main Floor 0'-0" (+8240.10') EX -3 a -a -1 77 11 10 CO 0 N N Roof Pla 22' - 0" (+8262.10') Second Floor fth 11'-1" ' (+8251.09') I 37North Elevation - Area B (2.03 1/8" = 1'-0" Main Floor 0'-0" (+8240.10') Roof Plan 22'-0" (+8262.10') Second Floor 11' - 1" (+8251.09') Main Floor 0'--0" (+8240.10') SCALE: 1/8" = 1'-0" 0 8 16 24 32 LEGEND NOTES LEGEND NOTES ARE COMMON TO ALL EXTERIOR ELEVATIONS SOME NOTES MAY NOT APPLY TO THIS SHEET EXTERIOR ELEVATION GENERAL NOTES: EXTERIOR FINISHES INDICATED ON ELEVATIONS SEE "EXTERIOR MATERIAL LEGEND" FOR MATERIALS. RFERENCE ROOF PLAN FOR LOCATIONS OF ROOF COMPONENETS NOT INDICATED ON EXTERIOR ELEVATIONS. REFER TO MEP AND STRUCTURAL DRAWINGS FOR ANY ADDITIONAL WORK. ASSUME ALL PAINTED SURFACES WILL BE REPAINTED. THIS INCLUDES BUT IS NOT LIMITED TO: DOORS, DOOR FRAMES, WINDOW FRAMES, AND HEADERS, CEILINGS, HANDRAILS, EXPOSED MECHANICAL, CMU ACCENTS, SOFFITS, STRUCTURAL BEAMS, AND ETC. PROVIDE ALLOWANCE TO SEAL AND CAULK VARIOUS WALL PENERTRATIONS ANS HOLES AROUND EXTERIOR PERIMETER OF BUIDLING, SIMILAR AREAS SUCH AS HOSE BIBS, PIPES, ETC. PROVIDE ALLOWANCE TO REVIEW ALL EXPOSED ELECTRICAL CONDUIT TO DETERMINE FEASIBILITY TO REMOVE OR RELOCATE. INCLUDE IN ALLOWANCE LABOR AND MATERIALS TO REMOVE OR RELOCATE. SEE CIVIL PLANS FOR NOTE TO RESEAL ALL HORIZONTAL CONCRETE AND ASPHALT JOINTS AT BUILDING. WHEN A PORTION OF A WALL IS PAINTED ASSUME THE ENTIRE WALL IS PAINTED TO INSIDE OR OUTSIDE CORNERS. 9. DO NOT SCALE DRAWINGS. 10. ALL ANGLES SHOWN ON THE FLOOR PLANS ARE 90 DEGREES UNLESS NOTED OTHERWISE. EXTERIOR MATERIAL LEGEND: X-1 NEW STUCCO WITH INTERGRAL COLOR FINISH COAT, COLOR SIMILAR TO AS SHOWN X-2 NEW STUCCO WITH INTERGRAL COLOR FINISH COAT, COLOR SIMILAR TO AS SHOWN X-3 NEW BOARD FORMED CONCRETE, TO MATCH EXSITING X-4 NEW ASHLAR PATTERN DRY STACK, SMOOTH FINISH STONE IN LOCAL COLORS X-5 NEW NICHIHA FIBER CEMENT BOARD PANEL IN STYLE VINTAGE WOOD, CEDAR. INSTALLED HORIZONTALLY X-6 NEW STUCCO WITH INTERGRAL COLOR FINISH COAT, COLOR COLOR SIMILAR TO AS SHOWN X-7 NEW GLULAM LAMINATED TIMBER, STAINED X-8 NEW BLACK ALUMINUM, WINDOW MOUNTED SOLAR SHADES X-9 NEW ARCHITECTURAL WOOD SOFFIT AND FASCIA, STAINED STAMP TAG NOTE LEGEND TAG NOTE A302 EXISTING ROOF MOUNTED MECHAINCAL EQUIPMENT TO REMAIN A303 NEW ROOF MOUNTED MECHANICAL EQUIPMEN A304 EXISTING ATT CELL EQUIPMENT TO REMAIN EX -3 EXISTING BOARD FORMED CONCRETE X-1 NEW STUCCO WITH INTERGRAL COLOR FINISH COAT, COLOR SIMILAR TO AS SHOWN X-2 NEW STUCCO WITH INTERGRAL COLOR FINISH COAT, COLOR SIMILAR TO AS SHOWN X-3 NEW BOARD FORMED CONCRETE, TO MATCH EXISTING X-4 NEW ASHLAR PATTERN SMOOTH FINISH STONE X-5 NEW NICHIHA HORIZONTAL VINTAGE WOOD VENEER PANEL, CEDAR X-9 NEW ARCHITECTURAL WOOD SOFFIT AND FASCIA, STAINED 551 N Frontage Rd West Vail, CO 81657 p C al w C A-0 O 0 . _ J C� N O- C O O O v O Ct U 0 Cn O (13 }� O E O > LI. I O O C O) O 2 V /-a Ct co 0) -a L. O co O N N O N 7- N- 0 0 0 Ir C ) S'= o N 0) co -om 0) c6 0 Ca 0 w CD If) ti CD CD ti r-- 0) 0) N CO M CD aD 0 0 (/) O 0 w O V ce 0 • (22 0 W C 0, C C C CO 0 Architecture Engineering ©2017, DLR Group inc., a Colorado corporation, ALL RIGHTS RESERVED August 1, 2017 - Page 55 of 514 3 A3.01 II (Cross Building Section Section 1 AA3.0I 1 /8" = 1'-0" ED) Roof Plan 22'-0" Second Floor 11' - 1" EA) Main Floor 0'-0" 11 2 Cross Building Section 2 A3.01 1/8" = 1'-0" 11 1 A3.01 , • 3Longitudinal Building Section A3.01 1/16" = 1111311 11111 Roof Plan Akk 22' - 0" Second Floor Ali 11'-1" Main Floor Akk 0'-0" a�. r Roof Plan 22'-0" Second Floor 11' - 1" 1� Main Floor fth 0' - 0" LEGEND NOTES LEGEND NOTES ARE COMMON TO ALL SOME NOTES MAY NOT APPLY TO THIS SHEET NORTH STAMP 551 N Frontage Rd West Vail, CO 81657 c al W C A-0 O O . _ J C� N O - � O O � m O U O C0 U CL Cn O 126 (13AE, E C� O > 111 1 W c 0) .O O 02 tna c � ) 0 C!) C CO O) m O (.5 c: °� iIIIIIV11uI 1111IIUNIIUI 10111110111111101 �inmllmm� 11111111111111101 11011110111111101 I�lallllllllm�l 11iplX1111 IIA 11111111 II111111I1 11111 ,Illolll 11111111. 0 'L a) c 0, c ^CC5 Architecture Engineering •1111°° ICI, 8i 1:1411 ICIiC' 11,w;11 11!11211 10211 °111j1111 ©2017, DLR Group inc., a Colorado corporation, ALL RIGHTS RESERVED August 1, 2017 - Page 56 of 514 P:\1627 ECSD 3rdSt-RSES Projects\Red Sandstone\1627.02.1 Combined Sites\1627.02.1 - RSES Combined Sites_062117.rvt 7/6/2017 9:09:39 AM RED SANDSTONE ELEMENTARY SCHOOL RENOVATION + PARKING GARAGE 551 N Frontage Rd W Vail, CO 81657 Vail Potato Patch Block 2 Lot 8 /// , =rte Project Location Red Sandstone Elementary School Vicinity Map North Not to Scale Lionshead Parking Main Vail Interchange •� r� Ifl 1� OWNER Schematic Design Set 07/06/2017 EAGLE COUNTY SCHOOLS 948 Chambers Avenue / PO Box 740 Eagle, Colorado 81631 t: 970-328-2747 contact: SANDRA MUTCHLER, COO email: sandra.mutchler@eagleschools.net MARCI LAIDMAN, PRINCIPAL email: marcelle.laidman@eagleschools.net OWNER TOWN OF VAIL 75 S Frontage Rd W Vail, Colorado 81657 t: 866-650-9020 contact: GREG HALL email: ghall@vailgov.com ARCHITECT TAB ASSOCIATES, INC 0056 Edwards Village Blvd. Suite 210 Edwards, Colorado 81632 t: 970-766-1470 contact: GREG MACIK (Project Architect) email: greg@tabassociates.com CONTRACTOR HASELDEN CONSTRUCTION 6950 South Potomac St. Centennial, CO 80112 t: 303-728-3818 contact: DAVID MARSH DavidMarsh@haselden.com OWNER'S LANDSCAPE REPRESENTATIVE ARCHITECT RLH ENGINEERING, INC. 541 East Garden Drive, Unit S Windsor, Colorado 80550 t: 970-686-5695 contact: JEFF CHAMBERLIN email: jchamberlin@rlhengineering.com DHM DESIGN 900 South Broadway Suite 300 Denver, CO 80209 t: 303-892-5566 contact: MARK WILCOX, PLA email: mwilcox@dhmdesign.com CIVIL ENGINEER ALPINE ENGINEERING, INC 34510 U.S. 6, Unit A-9 Edwards, CO 81632 t: 970-926-3373 x255 contact: MATT WADEY (Project Manager) email: wadey@alpinecivil.com MEP ENGINEER BG BUILDINGWORKS 222 Chapel Place, #201 Avon, CO 81620 t: 970-949-6108 contact: MARC SACCONI email: masacconi@bgbuildingworks.com LAND SURVEYOR MARCIN ENGINEERING 101 EAGLE RD #5 AVON, CO 81620 t: 970-748-0274 contact: MICHELLE BONFANTI email: michelle@marcinengineering.com STRUCTURAL ENGINEER MARTIN/ MARTIN, INC. 0101 Fawcett Road, Suite 260 Avon, CO 81620 t: 970-926-6007 contact: KEVIN HAAS email: KHaas@martinmartin-mtn.com Sheet List Sheet Name Sheet Number Sheet Issue Date Cover Sheet G0.0 07/06/17 Existing Site Photos G0.02 07/06/17 Topographic Survey V1.00 07/06/17 Site Illustrative V2.00 07/06/17 Grading Plan - Parking Garage C1.0 07/06/17 Site Profiles C1.1 07/06/17 Storm Sewer Plan C2.0 07/06/17 Utility Plan C3.0 07/06/17 Erosion Control Plan C4.0 07/06/17 Existing Site Lighting C5.0 07/06/17 Proposed Site Lighting C5.1 07/06/17 Overall Layout Plan L1.0 07/06/17 Overall Landscape Plan L2.0 07/06/17 Landscape Details L2.1 07/06/17 Overall Hydrozone Map L4.0 07/06/17 Levels 1 & 2 PS1.01 07/06/17 Levels 3 & 4 PS1.02 07/06/17 Roof Plan PS1.03 07/06/17 Elevations PS2.01 07/06/17 Elevations PS2.02 07/06/17 Sections PS3.01 07/06/17 Sections - Potential PS3.02 07/06/17 Site Section - Future Development PS9.00 07/06/17 Solar Analysis PS9.01 07/06/17 Solar Analysis PS9.02 07/06/17 Solar Analysis PS9.03 07/06/17 Main Level Overall Demolition Floor Plan D1.01 07/06/17 Main Level Area A Demolition Floor Plan D1.02 07/06/17 Main Level Area B Demolition Floor Plan D1.03 07/06/17 Second Level Overall Demolition Floor Plan D1.04 07/06/17 Second Level Area A Demolition Floor Plan D1.05 07/06/17 Second Level Area B Demoliton Floor Plan D1.06 07/06/17 Overall Demoliton Roof Plan D1.07 07/06/17 Demolition Area A Roof Plan D1.08 07/06/17 Demolition Area B Roof Plan D1.09 07/06/17 Demolition Exterior Elevations D2.01 07/06/17 Demolition Enlarged Exterior Elevations D2.02 07/06/17 Demolition Enlarged Exterior Elevation D2.03 07/06/17 Main Level Overall Floor Plan A1.01 07/06/17 Main Level Area A Floor Plan A1.02 07/06/17 Main Level Area B Floor Plan A1.03 07/06/17 Second Level Overall Floor Plan A1.04 07/06/17 Second Level Area A Floor Plan A1.05 07/06/17 Second Level Area B Floor Plan A1.06 07/06/17 Overall Roof Plan A1.07 07/06/17 Area A Roof Plan A1.08 07/06/17 Area B Roof Plan A1.09 07/06/17 Exterior Elevations A2.01 07/06/17 Enlarged Exterior Elevations A2.02 07/06/17 Enlarged Exterior Elevations A2.03 07/06/17 Level 1 and 2 - Schematic Mechanical Plans M1.00 07/06/17 I- � w u) z w CD U w u) 0 STAMP 551 N Frontage Rd W, Vail, CO 81657 Cover Sheet + co O 0 CO N O - C O O CO O U O 03 U 0 O W ^, co W > III O O O v, co go Q) (/) .0 -a L. O co 0 0 N 0 0 ti C9 CD N".• N- 0) O V ce 0 • 0 W C 0, C C C cD 0 Architecture Engineering ©2017, DLR Group inc., a Colorado corporation, ALL RIGHTS RESERVED August 1, 2017 - Page 57 of 514 C:\Users\ivan\Documents\1627.02.1 - RSES Parking Garage - CENTRAL_ivan.rvt 7/6/2017 9:05:49 AM 5 C9) 2 Longitudinal Section - Potential Use S3.0 1/8" = 62' - 0" 2 S3. 02 L6 POTENTIAL USE L5 POTENTIAL USE A301' W-1 II Level 4 8234' - 10 3/4" I Pr Cross Section - Potential Use X3.91/8" = 1'-0" R-1 Level 3 8223' - 6 5/8" 8212' - 2 7/8" Level 1 8200' - 10 7/8" SCALE: 1/8" = 1'-0" Level 4 - 10 3/4" Level 3 '-65/8"� Level 2 2 7/8" Level 1 - 10 7/8" 0 8 16 24 32 LEGEND NOTES Tag Notes Legend Key Value Keynote Text A3 01 - - A3 03 - -210'-0° A3 07 A3 09 \ A3 10 A3 11 A3 13 A3 14 A309 PRECAST DOUBLE TS / STANDING SEAM METAL ROOF N Cr) CO W-2 W-3 X-1 EXPOSED CONCRETE L6 POTENTIAL USE CV M M L5 POTENTIAL USE �o Q, 411kikI _� 8234' A31 I. � - - - - - dos �o�Pio A301 q 8222 A311 — fb :A301 _•- 8212' - -2 306 , 0* n i' n n• n n' •, n " rt 8200' 2 Longitudinal Section - Potential Use S3.0 1/8" = 62' - 0" 2 S3. 02 L6 POTENTIAL USE L5 POTENTIAL USE A301' W-1 II Level 4 8234' - 10 3/4" I Pr Cross Section - Potential Use X3.91/8" = 1'-0" R-1 Level 3 8223' - 6 5/8" 8212' - 2 7/8" Level 1 8200' - 10 7/8" SCALE: 1/8" = 1'-0" Level 4 - 10 3/4" Level 3 '-65/8"� Level 2 2 7/8" Level 1 - 10 7/8" 0 8 16 24 32 LEGEND NOTES Tag Notes Legend Key Value Keynote Text A3 01 A3 02 A3 03 A3 04 A3 05 A3 06 A3 07 A3 09 A3 10 A3 11 A3 13 A3 14 A309 PRECAST DOUBLE TS R-1 STANDING SEAM METAL ROOF W-1 W-2 W-3 X-1 EXPOSED CONCRETE U � W (t) z W (- = U) U W CO 0 STAMP 551 N Frontage Rd W Vail, CO 81657 W C A-+ 0 O .e J C\I O - C O O U O C- Co U 0 II co c W O O ca_ -o 0 c� ♦I V ♦ co cm -O u) - W CO U) D o - N c M C/) 0 0 a) 0) C C C 0 - Architecture Engineering ©2017, DLR Group inc., a Colorado corporation, ALL RIGHTS RESERVED August 1, 2017 - Page 58 of 514 P:\1627 ECSD 3rdSt-RSES Projects\Red Sandstone\1627.02.1 Combined Sites\1627.02.1 - RSES Combined Sites_062117.rvt 7/6/2017 9:05:59 AM Roof Plan 22'-0" L6 POTENTIAL' USE �E i � � `\SII I Illi I II 11M1111101,1ftEMMENTONIMINOMMENIIIMIRMAitil -.0 1 IIVYII I I /�[�Iliil�llll — I Tr J4111 ULIIIIiiiiii�i�lil 1■I�I'll�ilil [.Illlll,e of -- -- -- rnimi �■' ■rte■■rte - -- wi:G■■� - ■moi■ Second Floor 11' - 1" Stair Landin 7'-0" IN Em• m=11 NM WWI • • -En ma - -°--- jla —1-- —,. ._-i�. Main Floor 0'-0" T/O Footin L5 POTENTIAL Level 6 8255' - 3 1/8" � Roof Planfth 8243' - 11 5/32" Level 7 8237' - 0" Level 4 AL 8232'-73/16" Level 3 8221' 3 1/4" Level 2 8209' - 11 9/32" _ —Level 1 18198' -Level 0 8197' - 3 19/32" I 1 I III III III III III III Future Development s�95/ 1/8" = III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III III 1111111 11111 111111 III I I I — NORTH UI— � w U) Z w 2 U) U w U) STAMP 551 N Frontage Rd W, Vail, CO 81657 W O .E N O C O O CO O U O C� U � Cn c O a) LN E co 0_ O C a) W > E 'co O O cn 0 N O N- O N- 0 c N N CO Q) a) O Ca O w CD I.() ti CO N- N - 0) N C9 M CO CO 0 0 a) 0 co0 w O V ce D ■ Cn 0 W C 0, C C C ^ca Architecture Engineering ©2017, DLR Group inc., a Colorado corporation, ALL RIGHTS RESERVED August 1, 2017 - Page 59 of 514 P:\1627 ECSD 3rdSt-RSES Projects\Red Sandstone\1627.02.1 Combined Sites\1627.02.1 - RSES Combined Sites_062117.rvt 7/6/2017 9:06:12 AM DECEMBER 21, 10:00AM DECEMBER 21, 2:00PM MARCH 21, 10:00AM N MARCH 21, 2:00PM I riEh 21 riEh 21 NORTH UI— � w U) Z w 2 U) U w U) STAMP 551 N Frontage Rd W, Vail, CO 81657 co O 0 CO N O - C O O CO O U O C� U 0 Cn O CO O O Co O > W O O cy)O U) CO go Co 0) (/) .0 -0 L. a� co Do - 0 0 N O N- Cfl r -- .o 0 N Cl) Q) 0) O Ca O w CD I� ti C9 CO ti N- O N CD M CO aD 0 0 V) 0 vo0 w ■ °� illllluoul IIIIIIommom 11011110111111101 �inmllmm 111111111111111101 11111111111111111111 Illludllol"�Illlu 11111I1j01'11111111 1111 1111111:1111111111111111111 Cn 0 W C 0, C C C ^ca Architecture Engineering �Ilu!:C ICI, 8i III���U r1v;u am!:„ 11:11211 IC11CU ©2017, DLR Group inc., a Colorado corporation, ALL RIGHTS RESERVED August 1, 2017 - Page 60 of 514 P:\1627 ECSD 3rdSt-RSES Projects\Red Sandstone\1627.02.1 Combined Sites\1627.02.1 - RSES Combined Sites_062117.rvt 7/6/2017 9:06:19 AM SEPTEMBER 23, 10 : 00AM SEPTEMBER 23, 2:00PM p2rnber 23 p2rnber 23 LEGEND NOTES STAMP 551 N Frontage Rd W, Vail, CO 81657 N O O Cl) 0 N 0 N- N- 0 C) C: 0 N CO Q) 0) O Ca O w CD I.() ti C9 CD ti N- O N CD M CD aD 0 0 a) 0 vo0 w O V ce D ■ °� illllluoul IIIIIIommom 11011110111111101 �inmllmm 111111111111111101 111111111111111111 Illludllol"�Illlu 1111111:1111l1111111 '11 I 11IY,1111111Y 11 IIIII /111111 Illluu,. Cn 0 W C C C C ^co Architecture Engineering �Ilu!:C ICI, 8i III���U r1v;u am!:„ 11:11211 101411 °1II11IIIII ©2017, DLR Group inc., a Colorado corporation, ALL RIGHTS RESERVED August 1, 2017 - Page 61 of 514 INTERGOVERNMENTAL DEVELOPMENT AGREEMENT THIS INTERGOVERNMENTAL DEVELOPMENT AGREEMENT (the "Agreement") is made this day of , 2017 (the "Effective Date"), by and between the Town of Vail, a Colorado home rule municipality with an address of 75 South Frontage Road, Vail, Colorado 81657 (the "Town"), and the Eagle County School District, a Colorado school district with an address of 948 Chambers Avenue, P.O. Box 740, Eagle, Colorado 81631 (the "District") and the Vail Reinvestment Authority, a Colorado urban renewal authority with an address of 75 South Frontage Road, Vail Colorado 81657 (the "VRA") (each individually a "Party" and collectively the "Parties"). WHEREAS, the District is a State of Colorado school district duly organized and operated pursuant to Article IX of the Colorado Constitution and C.R.S. § 22-30-101, et seq. WHEREAS, the Town is a Colorado municipality organized and operated pursuant to its home rule charter and Colorado law; WHEREAS, the VRA is a Colorado urban renewal authority organized and operated pursuant to C.R.S. § 31-25-101, et seq.; WHEREAS, the Town is the owner of certain real property more particularly described in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"); WHEREAS, the Property is currently leased by the Town to the District and used for the Red Sandstone Elementary School; WHEREAS, the Town plans to construct a parking structure, a driveway and related improvements on the Property; WHEREAS, all Parties will benefit from the Project; WHEREAS, the District is willing and able to contribute financially to the project in exchange for a right to use the parking structure; WHEREAS, the VRA is willing and able to contribute financially to the project to fulfill the purposes and goals of the Amended Lionshead Public Facilities Development Plan; WHEREAS, the Parties previously entered into a Pre -Development Agreement, dated , 2017, which required a subsequent development agreement for the project to be executed by the Parties on or before August 17, 2017; WHEREAS, the Parties agree this Agreement fulfills the obligations and intent of such Pre -Development Agreement; 1 7/27/2017 C: IUSERSIGHALL. VAILGOV.0161APPDATAILOCAL (MICROSOFT WINDOWSIINETCACHEI CONTENT.OUTLOOKIH38HQNMSID A-A072617.DOCX August 1, 2017 - Page 63 of 514 WHEREAS, pursuant to § 18(2)(a) and (b), Article XIV of the Colorado Constitution and C.R.S. § 29-1-203, the Parties may enter into agreements with one another to cooperate in the provision of services and facilities, when so authorized by their governing bodies; and WHEREAS, each of the Parties hereto has determined it to be in the best interest of the public health, safety and welfare to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual performance of the covenants, agreements, and stipulations contained herein, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Definitions. For purposes of this Agreement, the following terms shall have the following meanings: a. "Operation and Maintenance Costs" means the Town's actual cost to operate and maintain the Structure and the Driveway, including without limitation the cost of utilities serving the Driveway and Structure and the actual cost of snow removal for the Driveway and Structure. b. "School Year" means the teacher contact days in the District's academic calendar each year, plus 5% of the total number of days, as indicated on a calendar to be finalized by the Town and the District on an annual basis, at least 30 days prior to the start of the School Year. 2. Project. a. Plans. As more particularly described in the final design and construction plans attached hereto as Exhibit B and incorporated herein by this reference (the "Plans"), the Town will cause a public parking structure to be constructed on a portion of the Property containing approximately 160 parking spaces (the "Structure"), along with an access driveway (the "Driveway") and related improvements, including without limitation the necessary improvements to the lower parking lot on the Property and the Frontage Road (the "Related Improvements") (collectively the "Project"). b. Budget. The budget for the Project is attached hereto as Exhibit C and incorporated herein by this reference (the "Budget"). c. Schedule. The Parties intend that the Project will be developed and constructed in accordance with the schedule attached hereto as Exhibit D and incorporated herein by this reference (the "Schedule"). d. Owner. The Parties agree the Town is the owner of the Property and will be the owner of the Project. The Town will be identified and named as the owner in all relevant design and construction agreements, which agreements will be negotiated and entered into solely by the Town. 2 7/27/2017 C: IUSERSIGHALL. VAILGOV.0161APPDATAILOCAL (MICROSOFT WINDOWSIINETCACHEI CONTENT.OUTLOOKIH38HQNMSID A-A072617.DOCX August 1, 2017 - Page 64 of 514 e. Contracts. The Town's contracts for construction shall contain provisions to ensure the timely completion of the Project, including penalties to be imposed upon the contractors for delay. The Parties agree to cooperate in and facilitate the execution of any additional agreements, easements, or rights-of-way necessary to implement the purposes of this Agreement. e. Permits. The Town will obtain any necessary access permits from the Colorado Department of Transportation ("CDOT"). 3. Share of Parking Spaces. In exchange for the District's financial contribution to the Project, as outlined below, the District will be entitled to use of certain parking spaces in the Structure is as follows: a. Use. The District may use up to 40 parking spaces on the uppermost level of the Structure during each School Year. The Town shall provide the District with parking passes for use of the District's 40 spaces, and the District will control the distribution of its parking passes and is responsible for the replacement cost of lost or damaged passes. At the conclusion of each School Year, and until the start of the next School Year, the District's allocated parking spaces will be returned to the Town for unrestricted public use. b. Signage. The Town shall install and maintain adequate signage restricting the appropriate parking spaces to District use, at the Town's sole cost. 4. Construction Costs. The Parties' financial contributions for the construction of the Project are as follows: a. District. The District shall pay a lump sum of $1.5 million to the Town within 90 days of the Effective Date. The District's lump sum payment satisfies the District's entire financial contribution toward the construction costs for the Project, including any additional improvements to the Structure, such as restrooms, public art or security features. Any costs incurred by the District prior to the date of this Agreement are the District's own costs, and shall not be set off from the $1.5 million payment. The costs for the District's representative shall be borne by the District, and shall not be set off from the $1.5 million payment. b. Town. The Town shall pay $4.5 million toward the cost of the Project, which funds were provided by Vail Resorts by separate agreement. c. VRA. The VRA shall pay the balance of the Project costs. 5. Operations and Maintenance. a. General. The Parties agree the Town will operate the Structure, and the Town may outsource operations and maintenance of the Parking Structure to one or more third -party contractors, which contractor(s) will be selected and managed solely by the Town. The operation of the Structure will be governed by a separate operations 3 7/27/2017 C: IUSERSIGHALL. VAILGOV.0161APPDATAILOCAL (MICROSOFT WINDOWSIINETCACHEI CONTENT.OUTLOOKIH38HQNMSID A-A072617.DOCX August 1, 2017 - Page 65 of 514 agreement to be negotiated between the Town and the District (the "Operations Agreement"). b. Costs. The District's proportional share of Operation and Maintenance Costs shall be 13.017%, which shall be due and payable on an annual basis in accordance with the Operations Agreement. The Town shall set an Operations and Maintenance Costs budget annually in consultation with the District. 6. Lease Amendment. Within 60 days of the Effective Date, the Town and the District shall negotiate and execute an amendment to the lease agreement between the Town and the District for the Property to address the changes to the Property caused by this Agreement and construction of the Driveway, Structure and other improvements. 7. Insurance. The Town and the District shall both carry insurance coverage for the Structure as determined necessary by the risk carriers of each Party and at the respective cost of each Party. The Town and the District shall each name the other as an additional insured on its policy. 8. Term and Termination. a. Unless otherwise terminated as provided herein, the term of this Agreement shall commence upon the Effective Date and shall terminate upon completion of the Project. b. Any Party may terminate this Agreement upon written notice to each of the other Parties delivered prior to the date on which the Town becomes obligated to any contractor for construction of the Project. After such time, there shall be no right to terminate this Agreement, and any attempt to terminate shall constitute a breach of this Agreement, subject to the remedies set forth in Section 9. 9. Breach and Remedies. a. District. If the District fails to timely pay the lump sum of $1.5 million or terminates this Agreement after the date on which the Town becomes obligated to any contractor for construction of the Project, the District shall be in breach of this Agreement. Upon such breach, the Town shall be entitled to retain as much of the $1.5 million payment as necessary to cover its actual costs related to the Project as of the date of termination, including without limitation any early termination penalties due to any contractors and other related costs. b. Town. If the Town fails to complete the Project in substantial compliance with the Plans and the Schedule, which may be revised by agreement of the Town and the District, the Town shall be in breach of this Agreement. Upon such breach, the District shall be entitled to a full refund of the $1.5 million lump sum payment, plus any actual costs related to the Project incurred by the District as of the date of termination. 4 7/27/2017 C: IUSERSIGHALL. VAILGOV.0161APPDATAILOCAL (MICROSOFT WINDOWSIINETCACHEI CONTENT.OUTLOOKIH38HQNMSID A-A072617.DOCX August 1, 2017 - Page 66 of 514 c. VRA. If the VRA fails to comply with its obligation to pay the costs of the Project and the Town does not pay such costs, so the Project is not completed, the District shall be entitled to a full refund of the $1.5 million lump sum payment, plus any actual costs related to the Project incurred by the District as of the date of termination. 10. Miscellaneous. a. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre -paid, first class United States Mail to the Party at the address set forth on the first page of this Agreement. b. Books and Records. The Town will make available to the District and the VRA upon reasonable notice all agreements, records and documents reasonably necessary to confirm or audit the Town's requests for payment hereunder. c. Severability. If any provision of this Agreement is determined to be void by a court of competent jurisdiction, such determination shall not affect any other provision hereof, and all of the other provisions shall remain in full force and effect. d. Integration. This Agreement represents the entire agreement between the Parties with respect to the subject matter hereof, and all prior or extrinsic agreements, understandings or negotiations shall be deemed merged herein. e. Waiver. No provision of this Agreement may be waived to any extent unless and except to the extent the waiver is specifically set forth in a written instrument executed by the Party to be bound thereby. f. Modification. This Agreement may only be modified by subsequent written agreement of the Parties. g. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, and venue for any legal action arising out of this Agreement shall be in Eagle County, Colorado. h. No Third Party Beneficiaries. No third party is intended to or shall be a beneficiary of this Agreement, nor shall any third party have any rights to enforce this Agreement in any respect. No Joint Venture or Partnership. No form of joint venture or partnership exists between the Parties and nothing contained in this Agreement shall be construed as making the Parties joint venturers or partners. In no event shall any Party or its employees or its representatives be considered or authorized to act as employees or agents of any other Party. j. Force Majeure. No Party shall be liable for a failure to perform as required by this Agreement to the extent such failure to perform is caused by a reason beyond the control of that Party or by reason of any of the following occurrences, whether or not caused by such Party: strikes, labor disturbances or labor disputes of any character, 5 7/27/2017 C: IUSERSIGHALL. VAILGOV.0161APPDATAILOCAL (MICROSOFT WINDOWSIINETCACHEI CONTENT.OUTLOOKIH38HQNMSID A-A072617.DOCX August 1, 2017 - Page 67 of 514 accidents, riots, civil disorders or commotions, war, acts of aggression, floods, earthquakes, acts of God, explosion or similar occurrences; provided that such Party shall exercise its best efforts to provide the best possible alternative performance and to prevent the foregoing occurrence from obstructing full performance. k. Contingency; No Debt. Pursuant to Article X, § 20 of the Colorado Constitution, any financial obligation of either the Town or the District under this Agreement are specifically contingent upon annual appropriation of funds sufficient to perform such obligation. This Agreement shall never constitute a debt or obligation of either the Town or the District within any statutory or constitutional provision. Governmental Immunity. Nothing herein shall be construed as a waiver of any protections or immunities that any Party or its officials, representatives, attorneys and employees may have under the Colorado Governmental Immunity Act, C.R.S. § 24- 10-101, et seq., as amended. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. ATTEST: ATTEST: Tammy Nagel, Deputy Town Clerk ATTEST: EAGLE COUNTY SCHOOL DISTRICT TOWN OF VAIL Patty McKenny, Acting Town Manager VAIL REINVESTMENT AUTHORITY 6 7/27/2017 C: IUSERSIGHALL. VAILGOV.0161APPDATAILOCAL (MICROSOFT WINDOWSIINETCACHEI CONTENT.OUTLOOKIH38HQNMSID A-A072617.DOCX August 1, 2017 - Page 68 of 514 TOWN Of9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Short Term Rental Community Input and Policy Considerations PRESENTER(S): Chris Cares, RRC and Associates and Kathleen Halloran, Finance Director ACTION REQUESTED OF COUNCIL: Provide feedback regarding any policy considerations that Council would like to pursue. Staff will return on September 5th with any additional information or proposed policy changes. BACKGROUND: On June 20th and July 11th the town hosted public listening sessions, conducted an online survey and made presentations to a number of stakeholder groups. Tonight's presentation includes the results of gathering community input, a comparison of town practices to peer resorts and proposed policy considerations for Town Council. ATTACHMENTS: Description Short Term Rental Community Input and Policy Considerations August 1, 2017 - Page 69 of 514 PowerPoint Presentation ASSOCIATES . TOWN OF VAIL. SHORT-TERM RENTAL SURVEY RESULTS JULY 2017 SURVEY RESULTS .11 1 August 1, 2017 - Page 70 of 514 0 PROPERTY LOCATION Town of Vail Short -Term Rental Survey 1 Where is your property located (or properties if you own more than one residential unit)? East Vail West Vail (North of 1-70) Potato Patch, Sandstone Intermountain Buffehr Creek, Lionsridge, the Valley Matterhorn. Glen Lyon Booth Falls and Bald Mountain Road areas Lionshead Vail Village 4% Booth Creek/Aspen Lane -3% Golf Course M2% Vail Commons/Safeway area 11% 0% 5% 10% 15% 20% 25% 30% 13% 30% Percent Responding n=122 ® RESIDENTIAL STATUS Town of Vail Short -Term Rental Survey Which of the following best describes you? Vail full-time resident & property owner Vail full-time resident - renter Vail property owner - non-resident/part-time resident Other 10% Vail part-timeresident- renter •4% Vail business owner 4% Mr - 21% 24% 37% 0% 5% 10% 15% 20% 25% 30% 35% 40% Percent Responding n = 214 7/27/2017 RRC ASSOCWTES. RRC A660CIATE6_ 2 August 1, 2017 - Page 71 of 514 O IMPACT OF STRs Town of Vail Short -Term Rental Survey 1 Are you currently negatively or positively impacted by the short-term rental of a residential property in Vail? 45% 40% 35% m X• 30% 0 ua, 25% co re t 20% a i ni 15% 10% 5% 0% 25% I experience positive impacts 16% I experience both negative and positive impacts 41% 19% I experience negative Neither negative or impacts positive impacts n = 174 ® COMMUNITY BENEFITS FROM STRS Town of Vail Short -Term Rental Survey Do you see any of the following as community benefits related to short-term rentals? Provides homeowners additional income Provides guests more options for rentals Lower cost rental options for guests Fills a need in the rental market for guests Increased tax base Other I don't believe they offer any community benefits ■ 11% 31% 42% 41% 40% 51% 57% 0% 10% 20% 30% 40% 50% 60% Percent Responding n=166 7/27/2017 RRC ASSOCWTES. RC R A660CIATE6_ 3 August 1, 2017 - Page 72 of 514 0 OPINION OF STRs IN YOUR NEIGHBORHOOD Town of Vail Short -Term Rental Survey 1 How do you feel about having one or more short-term rental units in your neighborhood? 35% 30% m 25% cc 0 F 20% 5 15% m a 10% 5% 0% Not an issue 27% Not an issue, if regulated 1586 Moderately uncomfortable 33% Very uncomfortable n = 172 0 POSITIVE IMPACTS OF STRS Town of Vail Short -Term Rental Survey I Below are some benefits that have been identified as positives associated with having short-term rentals in Vail. Which of the following do you believe are positives in Vail? Addresses a trend that is growing in the vacation market Provides a variety of price points for lodging Keeps Vail in the mix with alternative lodging options Provides an alternative for visitors that desire a potentially more "engaged" lodging experience Attractive to a different Vail customer ■ 6390 57% 54% 50% 70% 0% 10% 20% 30% 40% 50% 60% 70% 80% Percent Responding n=136 7/27/2017 RRC ASSOCWTES. RRC 4 August 1, 2017 - Page 73 of 514 0 OPINION ON TOV's ROLE IN REGULATION Town of Vail Short -Term Rental Survey I Do you think the Town of Vail should play a greater role in regulating short-term rentals? I strongly oppose increasing regulations of short-term rentals I somewhat oppose I am neutral I am somewhat in favor I strongly support the Town increasing regulation of short-term rentals 1096 16% 1296 21% 5146 096 1096 20% 3096 40% 5096 Percent Responding n=173 0 IMPACTS OF Et CONCERNS WITH STRs Town of Vail Short -Term Rental Survey Impacts of & Concerns with Short -Term Rentals Parking issues Increased traffic/speeding Increased noise Absence of propertyowner Increase trash/litter Increased building and amenity usage Large gatherings Increased long-term rental costs Other Loss of tong -term housing Safety Have you directly experienced any of the following impacts from short-term rentals in Vail? 77% 7596 ■ 72% ■7196 ■ 6696 ■ 6496 ■ 64% ■ 60% ■59% ■ 58% 46% If you have not directly experienced impacts, do you have any concerns about the following topics regarding short-term rentals? 3296 3296 3596 3696 4196 42% 4196 54% 5696 5396 5796 096 2096 40% 6035 80% 095 2096 40% 6096 8096 Percent Responding Percent Responding n=104 n=87 n=98 n = 94 n=93 n=74 n=91 n=90 n = 27 n=106 n = 56 7/27/2017 RRC ASSOCWTES. RRC ASSOCIATES 5 August 1, 2017 - Page 74 of 514 IMPACT OF STRs Q: Are you currently negatively or positively impacted by the short-term rental of a residential property in Vail? In a few words, please explain your response: Comment Labels Count % of total Positive Neutral Negative 46 28.57% 29 18.01% 86 53.42% Grand Total 161 100.00% 7/27/2017 OPEN-ENDED COMMENTS BEN 6 August 1, 2017 - Page 75 of 514 POSITIVE IMPACTS OF STRs Q: Which of the following do you believe are positives associated with having short-term rentals in Vail? Do you have any comments on your response? Comment Labels Count % of total Positive Neutral Negative Grand Total 26 20 41 87 29.89% 22.99% 47.13% 100.00% IMPACT OF STRS Random sampling of positive comments: Competitive renters drive prices down which allows me to rent for a cheaper price. I'm able to book less expensive accommodations while visiting and enjoy the convenience of booking through a short-term rental site. Short term rentals are great for the town economy, guests, and homeowners. I honestly feel there are legitimately zero drawbacks. Random sampling of negative comments: Average rent in the Vail Valley skyrocketed as soon as short term rentals were allowed/regulated. Locals are losing rental options due to short term rentals and short term rentals can create added noise for residents in neighboring units. Short term rentals limit locations for employees to live in town and is causing a shortage for hiring quality staff. 7/27/2017 RRC ASSOCWTES. Rag 7 August 1, 2017 - Page 76 of 514 POSITIVE IMPACTS OF STRS Random sampling of positive comments: For bigger groups, it option so they can all stay and eat and be together rather than several different hotel rooms. Not as intrusive to residential neighborhoods as some (non- compliant) lodging properties are, such as Vail Racquet Club in East Vail When I travel, I prefer to rent a home vs staying in a hotel. Random sampling of negative comments: Crack dow wi - .x s or ban STR. Locals need a place to live. We have plenty of lodging options in Vail. 1 think some units who are now in the short term rental market used to be long term. This adversely affects workers trying to find a place to rent. The playing field is not level for hotels and lodges. They pay commercial taxes, are licensed, have huge investments and being undermined by unregulated rentals. 7/27/2017 RRC ASSOCWTES. ADDITIONAL COMMENTS ON STRs Q: Do you have any other comments on short-term rentals in Vail? Comment Labels Count % of total Positive Neutral Negative 21 22 23 31.82% 33.33% 34.85% Grand Total 66 100.00% 8 August 1, 2017 - Page 77 of 514 ADDITIONAL COMMENTS ON STRS Random sampling of positive comments: Let freedom ring. We don't need to over regulate everything!!! Not an issue, stop peddling to the hotel lobby. We live in a resort and short term rentals are part of that. It is what guests who come here want. It is what buyers looking for property in the area want. The long term housing problem in Vail should be solved by the town and Vail Resorts. Changing laws to prohibit short term rentals would be unfair to property owners. Random sampling of negative comments: 1 believe strongly that short term rentals should be regulated by Vail for quality of life, safety as well as fairness issues. The Town of Vail needs to more tightly regulate short-term rentals to protect the renters as well as the neighborhoods and residents in which the short-term rentals occur. With less and less full-time residents, Vail feels less and less like a true mountain town that 1 want to live in. 7/27/2017 RRC ASSOCWTES. 9 August 1, 2017 - Page 78 of 514 TOWN OF VIAIL' Memorandum TO: Vail Town Council FROM: Finance Department, Economic Development Department DATE: August 1, 2017 SUBJECT: Short Term Rental Public Input Results and Policy Considerations I. SUMMARY The purpose of this memo is to summarize the information gathered by RRC and Associates and staff, during public input sessions, stakeholder group meetings and an online survey relating to short-term rentals (STRs). This also provides Council an opportunity to consider options for regulations and compliance of short-term rentals. Based on Council's feedback, staff will return on September 5th with potential policy considerations. 11. BACKGROUND Community & Stakeholder Group Outreach Staff conducted two community input sessions on June 20th and July 11th and created an online survey to be distributed with the intent to reach out to a wider audience than just the members of the public who could attend the input sessions. In addition, staff also engaged key stakeholder groups such as the Vail Local Housing Authority (VLHA), the Vail Local Marketing District (VLMD), the Planning and Environmental Commission (PEC) and the Vail Economic Advisory Council (VEAC) to gather input on short- term rental potential benefits and issues. Below are comments that were made during those meetings: • Education is key; Educate not only the STR owners, but also the Homeowner Associations so they can help enforce compliance • Enforce what we already have such as the licensing, tax collections, trash, noise and parking • Create penalties for not being licensed • Cost impact to the town for enforcement should be covered by the revenues generated • Keep it easy for owners to rent short term; don't regulate too heavily August 1, 2017 - Page 79 of 514 Attachment A is a letter from the VLHA stating their position on the STR market. A summary of the public input sessions and survey results are summarized below. III. DISCUSSION Community Survey Report Attached are the results from the short-term rental survey that RRC and Associates managed for the Town of Vail. The document contains two elements: The first part is a summary of the responses to the survey. This analysis tracks the demographics of those who completed the survey and it compiles their opinions on impacts, concerns, benefits, and regulations regarding short-term rentals. The second part is a collection of open ended comments received throughout the survey. Please see Attachment B for the complete document. The survey findings and community input sessions reveal that the majority of respondents support the Town of Vail increasing regulation of short-term rentals. Please see Attachment C for the compiled results from the two public input listening sessions and letters from concerned citizens. Below, staff has assembled information on each STR topic for the purposes of tonight's discussion. A. Licensing / Taxes / Application Process Licensing/Application Process: Application/Permitting Process, Renewal Terms, Sales Tax Remittance 15% 5% 14% 17% r ▪ 1- Nota priority ®2 3 14 • 5- High Priority 66% of survey respondents listed the licensing, application, and tax remittance regulations as a priority area to increase regulation. While the Town of Vail has established the foundation of a short-term rental licensing and administration program, it lacks the tools and polices necessary to create a strong program to monitor compliance and inventory short-term rental properties. With approximately 40% of the identified short-term rentals currently licensed, the Town is missing a significant amount of tax and licensing revenue. Numerous software applications are now available that can provide daily updates on the specific properties that are offered for short-term rentals and the number of nights that they are rented. Utilizing a program like this would provide staff an effective way to monitor STRs and increase compliance. 2 August 1, 2017 - Page 80 of 514 In addition, the current ordinance that allows a property to be exempt from licensing if rented fewer than 14 days is very difficult to audit and monitor. The majority of property owners who do not have the business license do not remit sales and lodging taxes on the 14 days, as there is no tracking mechanism for the town to verify that rental transactions are happening. Our peer communities' application processes range from complex (for example, requiring a property owner to submit a land use application and go through a public hearing) to simple (for example, applying for a business license and paying a nominal fee). Below are the current requirements by community: Peer Community Passive Middle of the Road Aggressive Requirements City of Aspen x Business License, Remit Tax Town of Breckenridge x License, Remit Tax Town of Crested Butte x Business License, Remit Tax City of Durango x Land Use Application, Remit Tax Town of Jackson x Land Use Approval, Remit Tax Park City Municipal Corporation x License, Remit Tax City of South Lake Tahoe x Permit Process, Remit Tax City of Steamboat Springs x Permit Process, Remit Taxes Town of Telluride x Business License, Remit Taxes To help track and enforce the current regulations, a part-time staff member approved in last year's budget has been hired. In addition to the part-time position, staff has identified possible solutions to increase compliance and create an inventory of short-term rental properties: • Utilize a STR software program that monitors listings and nights rented per property • Create a licensing database to accurately license, monitor, and track violations of properties • Revise the current ordinance to remove the 14 day threshold to require a license • Create educational documents to clarify the requirements for property owners to be in compliance with current codes • Create fines and penalties and/or incentives for compliance and violations Does Council support drafting additional policies and regulations surrounding the licensing, taxing, and application process of short-term rentals? B. Quality of Life / Community Quality of Life/Community: Noise Levels, Parking, Trash & Recycling Disposal, Traffic Congestion, Effect on Neighborhoods and Inf.. 1f)°n 796 11% 13% - 3 51% ■ 1- Nota priority ▪ 2 3 • 4 • 5- H Iph Priority August 1, 2017 - Page 81 of 514 64% of survey respondents listed that quality of life and community impacts are a priority area to increase regulation. Short-term rentals can generate issues by creating commercial activity in residential areas (mini -hotels in neighborhoods). Problems can include noise levels, inadequate parking, onsite trash and recycling disposal, traffic congestion, and overburdened infrastructure intended for residential use. The level of management and supervision of short-term rental properties vary. Unlike a hotel or resort, there isn't a guarantee that someone is available to assist with issues or questions during a stay. 53% of respondents have reported that they are currently negatively impacted by the short- term rental of a residential property. The below chart identifies areas of impacts and concerns: Town of Vail Short -Term Rental Survey 1 impacts of & Concerns with Short -Term Renta is Parking issues Increased traffic/speeding Increased noise Absence of property owner Increase trash/litter Increased building and amenity usage Large gatherings Increased long-term rental costs If you have not directly experienced Have you directly experienced any of the impacts, do you have any concerns about following impacts from short-term rentals in Vail? the following topics regarding short-term rentals? 177% 32% n = 104 75% 32% n = 87 35% n=98 36% n = 94 41% n=93 42% n = 74 41% n 91 54% n 90 56% n= 27 53% n=106 57% n = 56 72% 71% 6696 6496 6496 60% Other 5996 Loss of long-term housing Safety 4696 58% The majority of peer communities have increased regulations in some areas that have been identified to affect neighborhoods and residents quality of life. Regulations range from zoning restrictions and caps on the number of nights rented to neighbor notifications, HOA approval letters, and the requirement of a local property contact. 4 August 1, 2017 - Page 82 of 514 Below are the current requirements by community: Peer Community Passive Middle of the Road Aggressive Requirements City of Aspen x HOA Notification, Local Property Contact Town of Breckenridge x Local Property Contact, Parking, Trash, Noise Town of Crested Butte x Zoning, Full -Time Resident Requirements, Cap on Nights Rented City of Durango x Zoning, Neighbor Notification, Local Property Contact, Occupancy, Parking, Trash, Cap on number of STRs TownofJackson x Zoning, Neighbor Notification, Local Property Contact, HOA Approval Letter Park City Municipal Corporation x Bedroom Counts, Local Property Contact City of South Lake Tahoe x Zoning, Neighbor Notification, Parking, Maximum Occupancy, Multi - Family Unit Restrictions, Leave No Impact Program City of Steamboat Springs x Zoning Approval, Local Property Contact, Neighbor Notification, Owner Statement of Understanding of Property Covenants Town of Telluride x Zoning Approval, Local Property Contact, Parking, Trash, Pets, Cap on Nights Rented Staff has identified possible solutions to reduce neighborhood and resident impacts: • Create an application that requires the following: o Affidavit signed by owner that STR not in violation of HOA covenants o Local Property Contact (within a 30 minute response time) o Neighbor Notification of Property Contact • Create a "Leave No Impact Program" covering the following topics: o Noise o Trash/Recycling o Occupancy o Parking o Hot Tub/Spa Use o Citations and fines for non-compliance • Create a current short-term rental property map online, which is accessible to the public with local property contact information and a hotline for non -emergency complaints. • Zoning Restrictions Does Council support drafting additional policies and regulations surrounding community impacts and quality of life? C. Enforcement Enforcement: Code Violation Enforcement. Fines, Incentives to Comply 13% 11% 1296 - 5 1596 4996 • 1- Not annonty 2 3 ■ 4 • 5- High Priarity August 1, 2017 - Page 83 of 514 64% of survey respondents listed that enforcement is a priority area to increase regulation. There is no enforcement program in place for property owners who do not comply with the current short-term rental requirements. Current regulations allow the Town to charge penalty and interest for not filing sales tax with a three year look -back period for tax collections All of our peer communities have fines in place regarding the enforcement of short-term rentals. The fines range from basic tax and licensing penalties to the inability to operate as a short-term rental for 2-5 years. Below are the current fines by community: Peer Community Passive Middle of the Road Aggressive Fines: City of Aspen x Penalty and Interest Town of Breckenridge x Penalty and Interest Town of Crested Butte x Ineligible for license to operate for 2 years from discovery of violation City of Durango x Penalty and Interest Town of Jackson x Ineligible for permit to operate for 5 years from discovery of violation Park City Municipal Corporation x Penalty and Interest, Double Fee City of South Lake Tahoe x $1000, Penalty and Interest City of Steamboat Springs x $250 1st violation, $500 2nd violation, $1000 3rd violation and subsequent violations within 12 month period Town of Telluride x Up to $1000 per offense Staff has identified possible solutions to increase compliance: • Create a penalty and fine structure for the unlicensed operation of short-term rentals • Create a current short-term rental property map online, which is accessible to the public with a hotline for non -emergency complaints. Does Council support drafting additional policies and regulations surrounding enforcement? D. Life Safet Life Safety: Maximum Occupancy, Smoke Detectors, Carbon Monoxide Detectors. Fire Extinguishers, Care of Property (ice Dam Rem.. 1596 10% 13% 17% 45% ■ 1 -Not a Priority "'2 4 A 5- Hiqh Priority 62% of survey respondents listed that life safety is a priority area to increase regulation. Currently, there are no polices in place regulating that health and safety standards are maintained for short-term rental properties. Guests travel with the expectation that any property they are going to rent is a safe place for them to stay. Without any standards in place, many short-term properties may not even contain the most basic safety devices, such as smoke alarms, fire extinguishers, and carbon monoxide detectors. - 6 August 1, 2017 - Page 84 of 514 Half of our peer communities have life safety regulations in place. Regulations range from compliance with all building and fire codes to basic requirements such as fire extinguishers and maximum occupancy. Below are the current regulations by community: Peer Community Passive Middle of the Road Aggressive Requirements: City of Aspen x None Town of Breckenridge x None Town of Crested Butte x None City of Durango x Fire Extinguishers, Maximum Occupancy, Minimum SqFt Size Town of Jackson x Compliance with Building and Fire Codes Park City Municipal Corporation x Compliance with Building and Fire Codes, Inspection City of South Lake Tahoe x Compliance with Building and Fire Codes, Inspection, Yearly Wood Burning Fireplace/Stove Cleaning, Defensible Space Requirement, Signage City of Steamboat Springs x Maximum Occupancy Town of Telluride x None Staff has identified possible solutions for life safety compliance: • Educational handout on safety topics • Create a self compliance program that would be accompanied by random safety inspections. Owners sign an affidavit stating that they have the following safety tools in place: o Fire Extinguishers o Carbon Monoxide Detectors o Smoke Alarms o Maximum Occupancy Does Council support drafting additional policies and regulations surrounding life safety? E. Effect on Long -Term Housing Effect on Long -Terri; Housing: Short- f erre and Long -Term Rental Unit Tracking, Long -Term Rental Incentives ?4% 696 100 16% 45% ▪ J - Not priority z 3 1144 ▪ 5 - High Priority 61 % of survey respondents listed that the effect of short-term rentals on long-term housing is a priority area. Long-term rentals are not required to be licensed by the Town. Licensing these properties at a nominal cost would allow us to track the movement between short and long-term rental base and understand the shifting trend over time. The town would also be able to ensure that life safety requirements are also provided for long-term renters. - 7 August 1, 2017 - Page 85 of 514 23% Currently, Breckenridge is the only peer community that licenses long-term rental properties. Staff has identified possible solutions to monitor the effects of short-term rentals on long-term housing: • Create an incentive program for properties to stay the long-term rental pool • Require long-term rentals to obtain a license at a nominal fee • Create a self compliance safety program that would be accompanied by random safety inspections. Owners sign an affidavit stating that they have the following safety tools in place: o Fire Extinguishers o Carbon Monoxide Detectors o Smoke Alarms Does Council support drafting additional policies and regulations responding to potential impacts to long term housing? F. Vail Quality Standards / Fair Competition Vail Quality Standards/ Fair Competition Between Hotels/Lodges/Short Term Lodging: Lodging Quality Assurance Program, Local Pr.. 3496 11% 19% 12% ▪ 1 -Nota priority E 2 3 4 ▪ 5 -High Priority 35% of survey respondents listed that Vail quality standards and fair competition between hotels and lodges is a priority for increased regulation. Beginning in 1999, lodging providers are currently rated every 18 months through the Lodging Quality Assurance Program (LQA) with the exception of rental by owner units. The program was put in place to ensure an un -biased and accurate depiction of each lodging property. Participation in the program is required in order to be listed for sale on the vail.com website. The program is administered by the Vail Valley Partnership, with a cost to the property owner ranging from $95 for a 1 bedroom condo up to $165 for a single family home. None of the peer communities currently regulate quality standards or fair competition. The majority of responses from the public indicated that the market regulates the quality of short-term rentals through online reviews, and that the Town does not need to focus on regulating this aspect of short-term rentals. During the public input sessions comments regarding fair competition focused on licensing and paying sales tax. With increased tracking and enforcement of unlicensed short-term rental units, the equality between hotels and lodges following the same tax and licensing requirements will be met. - 8 August 1, 2017 - Page 86 of 514 Does Council wish to draft additional policies and regulations quality standards and fair competition? G. Benefits of Short -Term Rentals 69% of respondents feel that short-term rentals offer community benefits, by allowing Vail to provide diverse lodging options for guests, increase the tax base, and provide additional income for homeowners. Town of Vail Short -Term Rental Survey J Do you see any of the following as community benefits related to short-term rentals? Provides homeowners additional income Provides guests more options for rentals Lower cost rental options for guests Fills a need in the rental market for guests increased tax base Other I don't believe they offer any community benefits IV. REQUEST OF COUNCIL 11% 3196 42% 41% 4096 51% 5796 Based on feedback received from Council, staff will return on September 5th with policy considerations and/or additional research on any particular topic to be addressed. For any future policy changes, staff recommends that ordinance readings begin in October, with an effective date of January 1st. This date should provide adequate time to notify owners and implement appropriate internal processes and systems. January 1st also lines up with the annual business license renewal period. 9 August 1, 2017 - Page 87 of 514 Attachment A Vail Local Housing Authority 75 South Frontage Road West Vail, CO 81657 Steve Lindstrom, Chairman Molly Murphy Mary McDougall James Wilkins Francisco Meza August 1, 2017 Vail Town Council 75 South Frontage Road West Vail, CO 81657 Re: Letter of Support for Short Term Rental Town Policies Dear Mr. Mayor and Council Members, Short term rental of housing units has become a prevalent and increasing form of business in the Town of Vail. While we recognize this provides additional options for the Town's guests, we believe this trend adversely impacts the availability of long term rental units for the Town's local residents. In an effort to mitigate these adverse impacts, we recommend: • the continuation of lodging tax collections and use of a portion of this tax as a housing mitigation funding source; costs for administrative, collection and enforcement should not come out of the tax collection; • identify a method to mitigate impacts on the long term rental housing market; • maintain a data base of all Vail dwelling units to periodically monitor trends in short-term and long-term rentals; local vs. out -of -area ownership, etc. We look forward to further discussion and inclusion in the upcoming policy changes. Kind Regards, /-------- Steve Lindstrom Vail Local Housing Authority Chairman August 1, 2017 - Page 88 of 514 Attachment B Summary of Results from the Vail Short -Term Rental Survey, June and July 2017 As a complement to the Vail Listening Sessions on Short -Term Rental topics, a short survey was implemented. RRC Associates assisted town staff in creating and fielding the survey. It contained several demographic questions designed to gather information on the respondent (for example, resident of Vail? owner or renter? location of property? etc.); a series of questions designed to understand the opinions of the respondent concerning the impacts of short-term rental units; and numerous opportunities for respondents to provide additional "open ended" comments. The surveys were distributed as a paper form at each of the two TOV meetings. The survey provided an option to either complete the paper form using the postage paid envelope provided, or respond using a web address identified on the paper survey. A majority of respondents chose to respond online. Additionally, the opportunity to respond to the survey was publicized through the TOV website and various list sources. The outreach efforts resulted in 214 survey responses. Note that surveys were not password protected but there was no evidence of an individual completing more than one survey. However, the analysis did suggest that in some cases two members of the same household responded to the survey, providing strong reinforcement for certain points of view. This short report summarizes the results from the survey. The report is divided into two parts: the first presents a series of graphs summarizing the results from the quantitative questions in the survey, and the second set of findings includes the verbatim responses to open-ended questions. A summary of key findings from the quantitative questions on the survey includes the following: • Survey responses included Vail full-time owner residents (37%), full time renters (24%), and owners that are non-resident or part time (21%). • Respondents were broadly representative of a variety of neighborhoods in Vail. While East Vail was most represented (30%), West Vail (13%), Potato Patch, Sandstone (11%) and Intermountain (10%) were among those with the most respondents. • Concerning Community Benefits of Short-term Rentals, the two most identified were "Provides homeowners additional income" and "Provides guests more options for rentals." In other words, respondents identified benefits for both owners and guests. Approximately one third (31%) chose the response, "I don't believe they offer any community benefits." • When asked about impacts personally in terms of positives or negatives, more respondents said, "I experience negative impacts" (41%) than any other category. However, 25% said they "experience positive impacts" and 16% said they experience "both negative and positive impacts." In other words, there are sharp divisions of opinion expressed in the survey results. • These results were further confirmed in a question asking, "How do you feel about having one or more short-term rental units in your neighborhood?" Again, responses showed a range of opinions, with 33% saying "very uncomfortable" and 26% saying that is "not an issue." • The survey further explored both the positive and negative aspects of short-term rentals. These results are summarized in the graphs. Based on a list provided, the most identified positive aspects included "addresses a trend that is growing in the vacation market" and "provides a variety of price points for lodging." August 1, 2017 - Page 89 of 514 In terms of impacts and concerns, parking, increased traffic, increased noise, and absence of property owner were most identified as directly experienced impacts. In terms of those not experienced, but noted as concerns, safety, loss of long-term housing, increased long-term rental costs and increased building and amenity usage were most identified. • In terms of opinions concerning the role of the Town of Vail in regulating short-term rentals, once again responses ranged and were divided. About half of respondents said, "I strongly support the Town increasing the regulation of short-term rentals," and 21% said "I strongly oppose increasing regulations of short-term rentals." Only 6% said "neutral." In other words, opinions are divided and there are few in the middle. • Finally, the survey asked, "If the Town were to increase regulation of short-term rentals, which areas should they concentrate on?" The results from this question show relative areas of priority as rated by those that favor increased regulations. The overall conclusion is that among those wanting regulation, virtually all of the options provided are of fairly strong interest. However, the two most identified categories are Quality of Life/Community, and the Licensing/Application Process. These results provide some guidance as the town considers where to start with additional regulations, and which areas could/should be emphasized. The open-ended comments follow the graphic results. They have been sorted into three categories in order to make them easier to follow: positive, neutral and negative toward the presence of short-term rental units. August 1, 2017 - Page 90 of 514 • is o t e 0 °wind •est •escri•es ou. o -1 O N o 71- 11 Vail full-time resident & property owner 0 u7 m 0 O m 0 0 N Lf) N Vail full-time resident- renter c 5 O Q L - N o O • cn c 4J N L C .— (B O N a-- -, > c L 0 0 O 0 Vail part-time resident - renter Vail business owner 0 O N 0 V7 0 0 u7 0 O Percent Responding August 1, 2017 - Page 91 of 514 here is your property located or properties if yo C > L 41 .0 (./) co D O N cu 1- 4L) c O O u) co — _c co +-) CU 1- 0 O 0 C c 0 H O 0 O m ro ro W 0 m West Vail (North of 1-70) 0 N 0 O N 0 CD o 0 N O Potato Patch, Sandstone Intermountain 0 oo Buffehr Creek, Lionsridge, the Valley Matterhorn, Glen Lyon Booth Falls and Bald Mountain Road areas 0 0 m Booth Creek/Aspen Lane 0 N Golf Course 0 r -I Vail Commons/Safeway area 0 00 Percent Responding August 1, 2017 - Page 92 of 514 0o you short-term rent your property ies1 a) N } M 4J t L- 01 ca Z O 4— >- 0 O ii O cu 13- _a E E Z I- Z w i d1 O c3 _c N > "v a a) cn c O a) > 4— ...--, (r) >, ru — ru -o CD co August 1, 2017 - Page 93 of 514 si L as a) >L a) a E a) 17 rn C 0 J a) C a) rY I on 4 -Term Renta t a--+ C 0 2 LI0 1 - CU a) E z a, (a i a) Q Vi a) 4- t ++ C 0 E 0 0 zu7 N } N v) o a) I I C Do you currently long-term rent your property? Have you ever rented your unit long term? August 1, 2017 - Page 94 of 514 Do ou see an o the o owing as communit gene it a) s_ E 0) 4J 0 CO 0 0 H -I . . - - 0 0 V7 • Provides homeowners additional income Lower cost rental options for guests Fills a need in the rental market for guests 0 O Increased tax base 0 M T • • E E O V a) a) a) c a) o c +-' -0 CD O - 0 0 O CD 0 U) V7 0 O V7 0 V7 0 O 0 V7 0 O m (S) 0 O N 0 V7 0 O 0 LO 0 O 30% 35% Percent Responding August 1, 2017 - Page 95 of 514 0 0 0 0 Lf) N 0 0 0 0 0 0 0 0 0 O Lf) O Lf) c) Lf) c) Lf) c) M m N N rl r -I 6uipuodsad 1.ua3,lad U 0 E 4-) u (0 0 E 0 O 0 -o (0 N I August 1, 2017 - Page 96 of 514 :-I•w.r- •m- •-n- i h. h. - •- -ni• -n i i-• . O 0 0 0 4 - CU 4-1 4- 0 (D CU L E N >, 4J 0) S- 0> f6 ~ N L � O f6 , V �(n Cn O O (B d) L (6 O >CU 17) O O d) Q co M r -I p 11 0 N vacation market 0 0 m LO 0 N 0 Provides an alternative for visitors that -o 0) (0 0) N L O E O r0 V C J N c O 4--, Q O X a 0) (0 c m -o -O 0 0 0 Attractive to a different Vail customer 0 O 0 O LO 0 0 O 0 O 0 O 0 O N 0 O 0 0 Percent Responding August 1, 2017 - Page 97 of 514 ow do ou eel about having one or more s ort -ter a) > D C/) CD 4--) C a) 1 E cu 1- 4L) L 0 U) t 0 c 0 H enta units in our nei• •or oo•. 0 m m 0 L) 0 LO N 0 0 0 0 0 0 0 0 Ln O Lf) O Lf) O Lf) O m m N N =I r -I 6uipuodsazi 4uailad Very uncomfortable Not an issue N N r -I I I = August 1, 2017 - Page 98 of 514 m •acts o & Concerns with Short -Term Rental own o Vail S ort -Term Renta Surve 00 0) 01 0) N of dl N 11 11 11 11 11 11 11 11 C C C C C C C = i) a) O E - I- -D. ca cn a) O 4-0 _4-0 O O > >, O t (a O O in = uj a] > O 4-' 03 sZ E O o Lf) N N m M M 0 w CO 0 0 N 0 a) t o 4-' CT N O s_ N Ln o 0 >•+ a0., N =1 p No o 03 i 71" cN N ( LAD L) V) ('-• a) E(a a) 4— _ Q O V u E CD a) i 0) "a = �+ O > O 2 Parking issues Increased traffic/speeding Increased noise Absence of property owner Increase trash/litter amenity usage Large gatherings 0 O Increased long-term rental 0 V 0 CD Cr) LO 4 1 0 L 0 0 N v7 0 0 00 0 O w 0 0 0 0 N 0 0 0 O 00 O Loss of long-term housing 0 l0 0 O 0 0 0 O Percent Responding Percent Responding August 1, 2017 - Page 99 of 514 Do ou think the Town o Vail should •la a • reate 0 N 4— O 0 167) (0 a) L d7 (0 a) L V U) a) � 4) O c 0_ Q O a) O 4) L �+ O cn 0 I somewhat oppose 0 LO I am neutral 0 I am somewhat in favor 0 L) II 0 O 0 In 0 O 0 0 O m 0 0 N 0 O N 0 0 O 0 0 O Percent Responding August 1, 2017 - Page 100 of 51 0 Lf) 0 M 0 0 N co 0 0 0 0 Lf) 0 Ln U E L. C (0 CD > ~ V) w CI) a) (iii O 0 i v) Q O (n O cii Ln z o -aa W Uo 0 +J '� a c z a 0, >, c c c E U o o'47,E +, •- co O U E V 06._ ��� —a) u, Lu O a J s_ E Q c 0 H O O O) fC - C N (v0 (0 i c0a) O C (0 0 U O- O' a V =i < 0 Cn 0 Lf) 0 0 N 0 Enforcement: Code Violation Enforcement, Pines, Incentives to Comply 0 cfl 0 Lf) 0 0 O 0 E a) 0) 0 J 0) U (o H (o a) E a) 0) O J Rental Incentives 0 L() 0 rl 0 0 0 O 0 LO a) L LL u) L 0 U a) a) 0 a) X O c O c O i CO V u) L 0 U a) a) 0 • a) (0 0 a) U 4) L a) 0 O L a 4- O a) s_ (0 V u) L a) Ln Q) X W 0 0 0 0 M 0) .0) -o 0 J E a) 4) L 0 a) 0) 0 O J a) 4) 0 2 a) a) 4) a) a (0 U O J E (0 L 0) O i a a) U (0 s_ > 4) CO C 0) c 0) 0 J rn Ln 0 0 r, 0 O N 0 0 a) (0 O a) c 4) c O 0 (0 c C c W of short-term rentals available to address 0 Q CO 4) 0 z rl N • • 0 O rn 0 O DD (* 0 N 0 O CD 0 O Lf) 0 O 0 0 O M 0 o 0 O �-I Percent Responding demand and market forces August 1, 2017 - Page 101 of 51 Do you see any of the following as community benefits related to short-term rentals? (others) Comment Labels Count % of total Positive 17 80.95% Neutral 1 4.76% Negative 3 14.29% Grand Total 21 100.00% • Allows Vail to compete with other like -type markets to increase overall visitor traffic, thus providing additional revenue to workers, restaurants, food stores, activity companies and ancillary income to hotel restaurants, bars and amenities. positive • Allows more economically diverse guest base positive • Creates more competition for hotels. More funds available for other Vail resort amenities other than hotels. positive • Different option for guests not a hotel but a chance to experience Vail as a local positive • Forces traditional hotels and other providers to up their game to compete. positive • I make more with short term rentals than long term. positive • I think this is an expected option for consumers now. positive • Increased bed base positive • Increased market value on property positive • Positively affects property values, many would not purchase if they could not cover some of their costs via rental income, tax benefits, etc. positive • Provides a more authentic Vail experience positive • Provides guests with a truly "local" experience which will last more than a lifetime. positive • With the cost of a lift ticket approaching $200/day, the cost of meals not only on the mountain but in town ($35 for a roasted cauliflower, really?), lower cost alternativces are a must in order to bring people into town, unless, as the COuncil has metioned in the past, tghe international destination guest and/or BMW crowd are all that matters positive • We rent in a 4 unit building. Only two units are used year round. We enjoy how quiet the building is when two units are empty. positive • increases the "hot bed" base positive • raises all property values via income investors positive • we own the property, we have a right to do with it within reason. positive • Support local businesses neutral • Short term rentals do not belong in a residential neighborhood! negative • Should be severely limited. The cost of renting in town has grown exponentially due to short term rentals. Affordable rentals are a necessity for our low income workers. negative • opposed to ST rentals in residential neighborhoods negative August 1, 2017 - Page 102 of 51 Are you currently negatively or positively impacted by the short-term rental of a residential property in Vail? In a few words, please explain your response: Comment Labels Count % of total Positive 46 28.57% Neutral 29 18.01% Negative 86 53.42% Grand Total 161 100.00% • A greater return on investment, allows me to make a little extra money between my personal visits • Affordable Short term rentals are a necessity.it brings more people to town and helps the locals with extra money. • All short term renters that I have come in contact with were respectful. • As a property manager it gives us the ability to obtain additional business; on the flip side everyone begins to think they can be a property manager and it dilutes the work necessary to be successful at managing a rental property especially in our high end resort town. Also outside of the commercial properties they are not held accountable for quality of lodging, service and safety. If a guest has a negative experience there is no one to rectify that let alone if an emergency happens. As a local community member I think it is going to have a drastic effect on available housing for the work force as homeowners are more interesting making more quick $$. How is the average worker going to find a place to live when they can't buy and all of the rentals are short term at unaffordable prices. positive positive positive positive • Competitive renters drive prices down which allows me to rent for a cheaper price. positive • Have had no incidents related to short term rentals. positive • Have no first hand experience and from friends who do rent, they continue to do so in a limited fashion, with no negative impacts positive • I am a property management company that does short term rentals for a condominium building. My business thrives from Short and long term rentals.I currently follow the three requirements for engaging in short term rentals and think everyone should be upheld to these rules that does. positive • I am a property manager of short term rental properties so it is a source of income for me. positive • I am positively impacted by short term rentals because it allows me to offset my mortgage expense. It has been an easy, convenient way for me to make a little money in a way that fits with my schedule and utilizes an asset of mine and allows me to continue to live in Vail. positive • I believe it is the homeowners right to rent their property to whoever they choose. It also creates jobs in the valley to maintain these properties. Housekeepers, property managers, handyman, landscapers all get a cut which goes back into the community. The only downside I see is that it may be reducing the amount of long term rental units in the valley. positive • I don't currently rent my property but I would like the option to do so in the future. positive • I experience positive impacts because I can travel to Vail in a much more cost effective and authentic way. It feels good to support actual locals rather than big chain hotels and resorts. positive • I feel it's a great way to offset some of the costs of homeownership in Vail. positive • I generate more revenue and I'm able to take better care of my property by operating it as a short term rental. Because short term rentals are allowed, I have a larger pool of buyers when I go to sell my property. positive • I have a room that locks off from the rest of the home and generates extra income. Given the need to have it for friends and family that visit, as well as issues I've experienced with long term renters in the past, I will not rent it long term. positive August 1, 2017 - Page 103 of 51 • I have been a Resident and homeowner in Vail for over 40 years. I provide a long term 2bdrm/1 bath rental every year and a short term rental over the past 3 years. The people in the short term love staying with us because our home is clean & friendly. • I have had friends visit that stayed in a short term rental and would not have been able to visit had the rental not been available • I make more of an income with short term. • I'm able to book less expensive accommodations while visiting and enjoy the convenience of booking through a short-term rental site. • Income to help support the cost of ownership • It provides me income, and I derive additional benefit from my investment as well as providing better alternatives for those more interested in taking advantage of what Vail has to offer and not having to spend a fortune on lodging and meals • Lowers the cost of ownership and provides additional lodging options - both in terms of variety and quantity - that are needed. • More competition in the vacation rental industry gives the public choices. Free market economy and capitalism in which our country is based. The publicly elected town of Vail commissioners are there to apply appropriate zoning rules to ensure all is fair in the vacation rental industry. Everything is going well from our (long term resident that works and lives full time in Vail) point of view. We are happy and our customers are happy. We agree and are happy to pay the appropriate taxes and fees within reason. Any intrusion by hotel industry lobbyist to sway our elected officials will be challenged during the election year. positive positive positive positive positive positive positive positive • More diverse customer base. positive • More guests more business positive • My home in Vail is my second home, and in time I hope to make it my primary residence. For the time being, I short term rent my Vail residence in order to ensure that costs are at least covered and I have the flexibility to use my home when needed. positive • Our plan is to retire and live in Vail full- time in the next 2-3 years. We live in Denver, and although we use the property on weekends, we cannot be here during the week. The ability to rent the unit on a short- term basis helps pay for the mortgage and allows an otherwise empty property to be utilized by guests. We would NEVER consider renting out the property on a long- term basis as that would impact our ability to be in Vail on weekends and vacations. • Our rental is a duplex, and since our neighboring unit switched from long term to short term, our quality of life has improved very much. No more parties, cabs at 2 am, friends using he house for ski storage, cars blocked by someone "just stopping by'. Short term renters have been much better neighbors than long term renters ever were. • Our vacation properties would not be affordable without the additional revenue of short term rentals. Generally properties in Vail remain vacant most of the year due to out of area ownership, short term rental helps the neighborhood feel more like we have neighbors, not just empty houses. • Owners should have the right to rent their unit in any manor they want. • Purchasing & maintaining a vacation home in the Vail area is not an inexpensive endeavor. Being able to rent is a great way to offset the expenses, while also offering visitors the option to rent a home vs a hotel room. When visitors can save money on accommodations, they have more to spend on restaurants & entertainment. When renters have access to a kitchen, they're more likely to purchase from the various farmer's markets as well. • Renters provide more revenue for owners as well as businesses. Renters are not as invested in Vail, although our renters are typically friends who are long-time Vail fans involved in the ski industry, and have owned passes be fore the Epic Pass. They do care about Vail and our property. positive positive positive positive positive positive August 1, 2017 - Page 104 of 51 • Short term rental provides me the ability to fulfill my dream of having a condo in Vail. I believe I have the same economic impact as condos rented through property mgmt companies. I have housekeeping, repair/maintenance contractors, etc. The only difference is not having a fractionalized property manager who handles 30+ properties. • Short term rentals are great for the town economy, guests, and homeowners. I honestly feel there are legitimately zero drawbacks. • Short term renters are quieter and less intrusive than long term renters, in my experience. Less parties, no 3am cabs in the driveway, better overall tenants. • Short-term rental income makes it possible for me to stay in Vail. It is personally very rewarding to share the "Vail experience" with so many guests. In over 200 nights with over 150 guests, we have never had a bad experience. • The income from rentals allow me to be a part time resident during summer season • The more accommodations in town, the more visitors, the more $ spent in retail shops, restaurants, and all businesses. And the more sales tax revenues. • There are no hotels in vail that an average family can afford. VRBO type rentals make a trip vail possible for people that could not otherwise visit. The local businesses, restaurants, bars, gas stations etc benefit from these renters. A house/condo that sits empty for 50 weeks a year does not help the local economy. Renting those houses and getting people here does. • We are a family of four with two young children attending VMS. We own a small duplex in East Vail that we have both long term and short term leased. We also lease a larger duplex in Booth Falls because the duplex we own is too small for all four of us. We long term our unit now due to the short term tax situation and the labor needed to manage the short term rentals. The long term rental is not cash flow positive for us, but we feel the long term investment is worth it as we want to establish ourselves in the community and we feel this is our foot in the door. Also, short terming was a lot of work with a lot of fluctuation in renting cycles with the seasons, etc. I do think the short term rental market probably provides alternatives for guests, especially lower priced accomodations. • We have established great relationships with families that rent our properties year after year, and they are more likely to return to Vail because of these relationships. • We have met some wonderful people and supplemented the high cost of living. • We love Vail and could not afford to own a place if we were not allowed to rent it out when we weren't using it. • When friends and family visit they can use Star's, would be terrible if this wasn't available • great for customers and hosts. • Don't know anyone who rents • Giving visitors a unique experience that is different than a standard hotel stay is a positive aspect. The downside is that the rental pool has dried up for those who want to work and live in Vail. It has become cost prohibitive for the few rentals available. • Have not been impacted by short term rentals. We have been impacted negatively by long term young renters. Short term rentals do allow for more options. Strict rules and enforcement of noise ordinances should be observed and required in lease/rental agreements. • I don't live in Vail. My long term renter has not complained either way to short term rentals in the building (if there are any) • I don't notice anything different. positive positive positive positive positive positive positive positive positive positive positive positive positive neutral neutral neutral neutral neutral August 1, 2017 - Page 105 of 51 • I live near some short-term rentals. A lot of times, the tenants are not respectful to the local community. They do not always take care of their trash. They park in places where it is inappropriate or illegal. They stay up late and make noise. But, I myself have stayed in VRBO and AirBnB rentals (when I travel outside of Vail). So, I can appreciate the need for short-term rentals. There just needs to be a balance, and some regulations in place to protect the local homeowners and the consumers. • I receive the financial benefits but also get negatively impacted occasionally by short term rentals. • If the renters have more than one car, I have been impacted. But I do see the positives for home owners for short term rentals. • It depends on the short-term guest. Some a responsible and clean, some end up being disruptive and a nuisance. • It is a burden to file monthly tax record reports when the home is only rented a few weeks a year. There should not be additional safety requirements or inspections required of homeowners. • It is really hard to find a short-term rental, mainly in the winter season. • Less people in building year round • Little or no rentals in our area (Spruce Creek). • Positive because our community relies on tourism, and it lets homeowners in on the rewards of that and negative because it affects the inventory and cost of homes for rent and sale for locals to live in throughout the county when places are bought up specifically for the purpose of short term rentals. • Positive, my family can come and stay at a decent rate near our house as we have no extra space for guests. Negative - loss of rental units for locals = price gauging for those few year leases still available. • Positive- I have friends who own homes here who are only able to own because they have a STR lockoff that pays a portion of a large mortgage. Negative- If I didn't have housing assistance from my employer, I would be paying a disproportionate amount of my wages to housing due to STRs and the lack of quality rentals. It sums up to around $1000 per room per month to rent. I am purchasing a home through my employer's deed restricted program because they offer low rent and I was able to save. • Positive: Keeps the community active and builds the tourist / sales tax revenue base. Negative: some short term renters fail to realize that the properties in which they stay belong to people, not commercial entities, and are ignorant of, ignore or outright disrespect the property, its rules and rights of others. • Short term rental customers frequently do not abide by speed limits in residential neighborhoods. More speed limit signs near short term properties might help. • Short terms have been great for me, but we choose to rent this property long term, better and more stable income. • The problems I hear about which are due to short term rental are not really problems. Noise should be handled by the police department. It occurs more often in other situations than short term rentals. Parking is the same. Abuses to the existing laws can easily be taken care of by the police. Litter by owners or long term renters is presently solved by calls to the town or the police. I see no differences with short term rentals. • There are very few long-term (year+ lease) options in the valley. Even fewer that are anywhere near affordable. Landlords can make so much more money during ski season using Airbnb that they won't rent through the winter to residents. • Unscheduled use of property for personal reasons or improvements neutral neutral neutral neutral neutral neutral neutral neutral neutral neutral neutral neutral neutral neutral neutral neutral neutral August 1, 2017 - Page 106 of 51 • Vail is an expensive place to live and we are all trying to make ends meet. I live in Eagle Vail and have long term rented a room here for 6 months of winter, while I make significant income on an otherwise expensive 1 bedroom in Sandstone through short term rentals. As a resident for 9 years, the short term rental helps supplement my income. Raising wages to compete with Denver, bringing more mid -senior level positions and hiring locals are other ways to keep the workforce here without them having to use short term rentals to subsidize income. • We live next to short term rentals. It can be frustrating especially in the winter when you have people in your neighborhood who don't know the parking, trash, dog, noise etc rules or are not as conscientious as long term residents might be. Also, we have such a housing shortage. There is no doubt that short term rentals are further squeezing the long term rental market and taking housing options away from local workers. On the flip side we like to use Air B&B when we travel. We have found it to be a great affordable option for our family vacations. neutral neutral • While owners can supplement income, the quality of the Vail experience for guests is being diluted. neutral • i am not personally affected but friends and co-workers are affected due to a shortage of long term rental options. I live in a condo where most of the units are non-resident owners, so already have lots of short term rentals all around me - but most are done through property managers. neutral • i have short term rentals next to me, and sometimes the tenants are loud and noisy, but that could happen even more easily with long term renters. neutral • na neutral • neighbor's unit would be empty more if not sometimes rented. neutral • Experience a lot of noise & disruption to daily life in my neighborhood. When I bought in EV I truly loved it. However nowadays the Vail Racquet Club Mtn Resort has become a venue for noisy weddings with loud music which has impacted my sleep and ability to have windows open on a hot summer night. I have had numerous drunken guests bang on my door looking for their "hotel room" and have had items stolen from my outdoor patio. The Racquet Club has gotten out of control • As a full time, year round resident of Vail for many years, It is becoming increasingly harder for myself to find affordable housing in Eagle County. It frustrates me to see all of these homes that are not available to the people that work and live in this town. I believe the lack of housing has affected businesses negatively as their employees cant afford to live here anymore. Also, the lack of enforcement of the tax laws isn't providing an increased tax base. • As a resident of the Racquet Club I have been impacted by the short term renters who are noisy, disruptive, have "borrowed" stuff from my patio and have even entered my condo "by mistake." Further, the noise of the amplified music when events are taking place have made it necessary to close windows on hot evenings and prevented sleep! Totally not what I expected when I bought at this property • As a young professional in the valley, I am running out of options on where to live. The place that I have been in for two years is now being sold for a short term rental. You're kicking the community out of town because of outsiders who just want to make money • Average rent in the Vail Valley skyrocketed as soon as short term rentals were allowed/regulated. • Because of all of the short term rentals, there are no longer enough options for year round renters. Those that are available are priced way beyond what is possible for the average income. • Being a full time resident I have found it EXTREMLY difficult to find affordable housing due to the short term rentals that homeowners are opting into. Yes, this provides them more income but it is creating a real housing crisis for full time employees because there is little to no affordable housing. • Between transient, uncaring guests and the hotel that has cropped up (Racquet Club Mtn Resort), the east Vail neighborhood has lost its tranquility & charm • Building income supports facilities but rentals to sports teams brings in rude and obnoxious guests. negative negative negative negative negative negative negative negative negative August 1, 2017 - Page 107 of 51 • By people purchasing homes as short term rentals in the valley it tends to drive the market up and makes it more difficult for people like me who grew up here but can't afford to buy a house here. • Having short term renting in local areas really disrupts our way of life with noise, trash, privacy and parking issues. It also lowers our property value. • High rent and fewer long term rentals for the people who make your resort work • Hotels keep getting built for guests and more homeowners have been kicking out their long term tenants in order to make more money off of short term rentals. However nothing is being done to secure housing for the people who live here. More and more people are leaving the valley because the simply can not afford to live here. Without the people to work in the shops and restaurants and provide the customer service our guests expect, how does the town and resort plan on surviving. We can not keep making more space for guests while ignoring the problems facing the workers who are trying to live here year round and make the community function. • I am a hotelier and having home owners being able to rent without much worry of enforcement creates an unfair advantage to the homeowners • I am a second homeowner at Racquet Club in East Vail. When I purchased there it was a peaceful, friendly place. Now between their short term rentals and VRBO's it has become a nightmare. I no longer have a desire to spend weekends at MY condo due to the noise and congestion. Very disappointed in the turn of events • I feel like I am affected negatively because more people are renting homes/ condos on air bnb and can make more money doing that for 2 weekends a month rather than renting to locals for the year therefore there are less housing options in the community, and so the prices are rising exponentially for the locals who make minimum wage at 3 different jobs who are searching for a place to live in an already tiny pool of condos and houses. • I feel like I am living next to an airport terminal with the influx of strangers coming and going at all hours day and night, seven days a week. Critical Vail staff establishes rules governing how many days a year a home owner can short term rent. Business license needs different structuring than normal business license. Small home businesses operate 9-5 five days a week. Short term operates 24 daily, seven days a week. People like me who live and work here are exposed to a high level of anxiety, sleep deprivation, and are put at odds with our neighbors by the lax rules TOV now has. Short Term rentals should be restricted to resident home owners only. Entrepreneurs are long term renting homes then listing them on Airbnb, Vrbo, and Home Away. Short term rental properties should not be allowed any closer than maybe 600-1,000 ft from each other to prevent over congestion of a neighborhood and mitigate the nuisance impact of short term rentals. • I feel that the inventory for renters such as myself has decreased resulting in increased demand and increased rent. It's difficult to live here. • I have a lock off in my duplex, but we only rent to local workers. In my opinion, is more important to give seasonal workers a decent place to live while providing for the community than giving guests more options while they visit. If there weren't a housing shortage, we may feel differently about guests. • I have a rental property that targets full time residents. Short Term rentals take options out for locals which gives me the opportunity to charge more rent. Although I personally like the additional income I do see the short term rental market as pricing out locals which is a HUGE NEGATIVE. • I have short term rentals next door to me and the renters do not respect the neighborhood in the way that someone who is living full time does. They park wherever they can, pack many people into a unit and don't take care of a property in general. Additionally, the owner does not take as good of care of the unit now that he is doing short term rentals to include leaving trash cans out and not doing snow removal properly. • I have two properties in East Vail; one is my residence and the other a long-term rental. Neither development has any short term rentals, nor do we want them. negative negative negative negative negative negative negative negative negative negative negative negative negative August 1, 2017 - Page 108 of 51 • I have two short term units next to my home and it has been a very negative experience: violation of residential use. • I work in HR and hiring can be an issue at times with the lack of housing in the Valley. • I'm unable to afford to move from a 1 -bedroom to a 2 -bedroom condo because of inventory supply and demand. • Increased parking issues at our association; increased dog issues as well. Less long-term seasonal offerings allowing the town and employers to hire employees • It is horrible to work hard to stay continue to live in town and then the neighbor ends up renting it through a short term rental like air b n b, etc. Weeklong or weekend renters don't respect the property or the surrounding residents. Maybe larger condo units like Pitkin, Racquet club etc. can benefit with some reponsive and responsible management but your normal townhouse complex, small condo complex, duplex units will suffer. • It is making it harder for businesses to sell their units because there are people who just slightly under cutting hotels. They also are not usually paying taxes on these operations which is not good for the town. Also the people who rent in these operations are usually cheap and not very friendly usually. • It is very difficult to find housing for less than 1,000/month. The resorts are in need of employees, the shops are in need of employees, and even with individuals working 2 or 3 jobs, there are still job vacancies and people struggle to pay rent because short term rentals drive up housing costs. The homeowners next door to me brag about how they make enough money renting their home out for the month of December, to pay their mortgage for the entire year. Since there is such a housing crunch, other landlords can get away with renting out units which don't meet fire code, because people need someplace to live and end up taking whatever they can get. • It makes it harder to find housing if you are a long term or year round resident. It also makes it more expensive to stay in those year round places. People would rather up charge a tourist instead of support the community that does live here. The resort brings in so many people who are on crappy hourly wages year round that finding affordable housing or rentals is nearly impossible. • It seems that short term rentals are taking inventory out of the picture for our seasonal employees who need housing. Our young/mature adults cannot afford to buy in Vail and start a family. Again, due to low inventory for affordable housing. • Lack of long-term rentals for workforce housing has seriously impacted our ability to hire. It has also driven up rental prices for our long-term employees which may affect their ability to stay in the valley. • Lack of property inventory to buy a new house. Current condo complex is majority short term renters which causes a lot of problems with parking, lack of care to our property, etc. • Live in East Vail & seems like the Racquet Club has become a hotel & event venue. Numerous amplified music events have made the neighborhood less than peaceful & ruin the tranquility of the area. Transient guests have no respect for property or residents • Locals are losing rental options due to short term rentals and short term rentals can create added noise for residents in neighboring units. • Loud partying into late hours. Disrespect to our property as a whole, leaving trash behind etc.. • My employees are unable to find housing because properties are being rented out on a seasonal basis. • My parents rent a home in Eagle County for a month each winter. They have not yet rented in Vail, but it's nice to have the option. On the flipside, I work for a business in Vail with 100+ employees. We're constantly short of housing, even with our housing program. I think the short-term rentals have a direct role in this shortage, and it's tough to keep good employees because the cost of living (and stress of trying to find a place, cost increases, etc.) is so high. negative negative negative negative negative negative negative negative negative negative negative negative negative negative negative negative August 1, 2017 - Page 109 of 51 • My parents still own and live in the home that I grew up in. I visit them regularly. Recently a property that abuts theirs went into the short-term rental pool. At this property, there were late night parties, noise and general disrespect for the neighbors. • Negatively impacts sense of neighborhood due to noise, parking and trash impacts. Reduces number of full time residents, results in loss of neighborhood feel. Takes units out of long term rental and home ownership market. Shifts economics of ownership for out of town owners, makes second home ownership artificially obtainable. • Net cost will make me rent elsewhere • No housing. They save all the housing for that quick buck and locals get to kick rocks • No place to live/rent/buy in Vail. Moved from Vail because neighboring condo was used for short term rentals. Place was generally overcrowded and noisy when in use, and overparked. Didn't want to live next to a "hotel" • No places to renting term • Noise, traffic and parking has increased with the short term rentals, people always coming and going. Noise from partying and hot tubs! • Noisy random inconsistent neighbors, lack of housing opportunities • One of the owners in our townhomes does short term rentals that are prohibited under the townhome bylaws. This causes multiple issues including additional traffic in our complex, noise, the renters speeding, trash issues, etc. This reduces the quality of life in our neighborhood. • Our HOA is not set up for short term rentals. Trash, noise, traffic, people who stay on the property have no ownership in our neighborhood or community • Our association recently band short term less than 3 months due to the hotel like feeling we were getting on the property. Guests can sometimes be disruptive due to parking and party hours. Our condos are occupied mostly by working locals and second homeowners. • Our community is having more of a transient feeling, with less and less full time residents. The short term rentals make us nervous, at least with long term rentals we get to know our neighbors. • Our condo neighbors short term rent and I hate how there is a constant stream of new people next door. While noise isn't the main issue, the parking is a huge issue. The short term renters do not know where to park and often have multiple cars or invite their friends to park in our lot etc. I also just like having one neighbor to see every day rather than a new neighbor every weekend. I know there a ton of people in Vail who rent out their properties without the necessary permits etc. and are buying up houses just to short term rent them. It is taking away viable rental options from employees and other workers who need to rent those units. It is one thing if you are renting out a spare bedroom in your own single family home every once in a while for some extra cash, but renting out an entire home and/or condo is annoying to neighbors and takes away units from people who need places to rent to live in Vail. • Our neighbor was doing short term rentals on his unit. There was constantly trash other residents were picking up, people in the rental unit were loud and disruptive and parking became a problem. The HOA told the owner he couldn't have short term renters any longer as it had a negative impact on the other owners. • Our neighbors in the Valley short term rent and renters are noisy, dirty, disrespectful, smokers, etc.... • Our neighbors rent short term and the guests are insensitive to the rules regarding parking etc. • Parking problems and improper trash disposal are the largest negative impacts from my neighbors' STR guests • Parking, noise, increased traffic in neighborhood. Short term rentals such as Air B & B and VRBO do not belong in residential neighborhoods. PERIOD. • Parking, noise, trespass, dogs negative negative negative negative negative negative negative negative negative negative negative negative negative negative negative negative negative negative negative August 1, 2017 - Page 110 of 51 • Part of my job is to recruit people to work here in seasonal roles and the decimation of our rental inventory and increase in prices because of supply and demand have been highly detrimental to our ability to meet workforce needs. • Rent costs have risen due to long term rentals being taken out of the market. • Rent is too high for the income that year round residents that work in this valley make a year. • Rents are already high in Vail, and continue to rise quickly due to an increasingly demand and limited supply of rental units for towns residents and workers due to the increase of vacation rentals that have flooded the market • Short term rental guests do not add anything of value to the neighborhood, in my opinion • Short term rentals drive up rents while reducing availability. I was forced to move down valley mid- winter when owner of property elected to convert unit to short term rental rather than seasonal rental. Short term renters strain HOAs with higher occupancy numbers, higher traffic in parking lots and generate more garbage. • Short term rentals limit locations for employees to live in town and is causing a shortage for hiring quality staff. • Short term renters can be noisy, messy. • Short term renters can increase disruption to the neighbors in terms of noise and other issue. It should be more carefully regulated by the town.. • Short term renters overly tax the homeowner's facilities i.e. pool, trash, snow removal, loudness,and on and on • Short-term rental units leave fewer units available for long-term tenants. My last landlord tried to increase our rent by more than 30% when our lease expired, with no improvements to the unit. He is now renting the unit as an Airbnb and we had to find a new place to live. • Short-term rentals contribute to the housing shortage for locals and make it harder for me to find employees able to staff my small business • Some clients were noisy and crammed in more people than allowed. The home owners association adopted a new provision eliminating the right to do short term rentals. • Takes longer term rentals off the market for the quick weekend buck with higher rates • The ability to short term rent completely affects long term rentals negatively. If there is no where for locals to live that we can afford, we cannot stay here. • The condo adjacent to (and attached to) me is rented every weekend by mostly young visitors who treat it like a frat house: drinking and smoking on the balcony, making noise at all hours, and leaving cig butts and trash everywhere. We have had a cohesive neighborhood for decades, and this absolutely destroys it. It increases concern for privacy, common area maintenance, and property values. • The long-term rentals that us locals need are few -and -far -between, and the prices only keep going up. People are buying up the last affordable places to own and then simply renting them as short- term rentals to make money, which ultimately screws all of us who live here and work here and can barely afford the rent, nonetheless actually own a house in Eagle County. It's ridiculous! • The quality of short term guests are not always suited to the family atmosphere of my particular complex. Trash, late nights, too many guests for the size of the unit etc. • The search for rental property is increasingly tough as second home owners are snatching up properties and only renting them extremely short term. I have had friends forced out of their monthly rental because the landlord raised the monthly rent out of their price range only to offer the property exclusively to nightly renters. I have a family and can barely afford the cost of living in the area with the small rental pool. negative negative negative negative negative negative negative negative negative negative negative negative negative negative negative negative negative negative negative August 1, 2017 - Page 111 of 51 • The short term rental of a unit in it townhomes threatens to increase our annual insurance costs and places additional restrictions on financing.of units in our.complex. additionally the short term rental of units to groups contributes to noise and nuisance complaints that the police must respond to Our complex has existing restrictions on short term rental but the current town policies do not provide information to understand if a home owner is violating our HOA rules. • There are NO affordable rentals available in the valley. Living and working here is becoming more difficult. As a teacher, I can no longer afford to live in this area and will most likely have to leave the area completely, which is sad because I love my students and know we are very short on teaching staff • Unvetted vacationers in my area, whic creates a "revolving door" phenomena. These renters don't necessarily observe implicit and explicit rules, bylaws. I think the short term renter has little skin in the game and decreases the value of my property. • VRBO unit above my condo. Party renters every weekend throughout the ski season. It's horrible and I don't think the owner is licensed. • Vail Racquet Club's HOA includes the Main Office for Rentals. However, many owners use on line service rather than rent through the rental program. Their units are not updated, their renter have no idea of the rules, the HOA dues rise because there is not income to the racquet club. The renters fight with the desk because they want to use the facilities and do not want to pay. They bring in dogs, cats, parrots, etc. which are not allowed. They have "spring break" rentals and bring in 20 people to sleep. The parking is out of control and the racquet club does not enforce the parking rules. Owners are forced to park in other complexs which is trespassing. The vrc is a nightmare. • Vail sucks. It's that simple. Bunch of over -justified, old money a -holes who do not give two damns about anyone but their public image, I.e. Vail Valley Foundation. Such a farce • We did have neighbors who long term rented and worked in the town of Vail, now we have transient guests who don't respect the neighborhood (increased noise, disregard for proper handling of trash, snow removed to the street, exploding fireworks set off, parking on the street, etc. • We have been forced to move several times as properties were switched from long term to short term rentals. Many friends have experienced the same. Also, I believe short term rentals are the major driving force behind the rent increases in the valley, jumping hundreds of dollars per month in the last 4-5 years as property owners try to match potential short term rental incomes to long term rental leases and fewer and fewer properties are available for long term rentals, driving down supply in a time of steady demand. negative negative negative negative negative negative negative negative • rentals by qualified management are supervised, VRBO is non supervised and don't pay taxes negative • they are positive for guests in that they offer more options to stay. As a resident who rents they are very negative because they push the cost of rentals up and take housing away from locals. negative August 1, 2017 - Page 112 of 51 Which of the following do you believe are positives associated with having short-term rentals in Vail? Do you have any comments on your response? Comment Labels Count % of total Positive 26 29.89% Neutral 20 22.99% Negative 41 47.13% Grand Total 87 100.00% • All of the above! positive • As a former fulltime vail pioneer resident in the 70's, short term rentals afford me the continuous opportunity to stay connected to old friends, business associates, and the unique Vail experience annually. positive • As someone who travels all over the world, I appreciate the availability of short term rentals in typical residential neighborhoods, as it provides a sense of "belonging" that you don't get when staying in a "steralized" hotel environment or in the core tourist area. Having similar options in Vail caters to that type of traveler who just wants to "be at home" when they travel. positive • Better quality tenants, better money for the homeowner, it's a win win. Don't let the threatened hotel community convince you otherwise. positive • Don't forget your ski bum roots Vail should be open to many, we need the young to have positive experiences here to create lifetime travel habits positive • For bigger groups, it's a good option so they can all stay and eat and be together rather than several different hotel rooms. positive • I agree that there are some pros to having short-term rentals. positive • I already gave them but the short term rental market is a rapidly growing buisness and Vail should not miss this opportunity. Homeowners should have the right to rent there homes to whomever they choose and lndonr believe the local government should get involved anymore than they are. This could be left to HOA's for certain complexes and neighborhoods. The short term rental business is creating a lot of good paying jobs in the Valley at the moment and keeping many housekeepers, handyman, contractors, property managers, and landscapers very busy. With the taxes already levied I think TOV should allow short term rentals. positive • I have been short term renting since 1995. I have met amazing guests with whom I have created long term relationships. Many have gone on to purchase their own homes in the Vail Valley! positive • I know when I travel I prefer renting a house as it is much easier with children to cook at home rather then eat out every meal positive • I love sharing my knowledge and experiences Vail can provide. I am retired and this is a great way for extra income plus keeping me busy as my own boss. I have always considered second home owners as expensive short term rentals. On top of the fact that the long term rentals are changing over monthly with employees coming and going seasonally. positive • I think we have to have short term lodging in the community. With Airbnb and VRBO etc. it's a type of lodging that consumers expect to find around the world and many prefer to travel this way in lieu of staying in traditional lodging. positive • I use AirBNB when I travel to other ski towns so I don't want to be a NIMBY. The concept is great but needs to be regulated, taxed and held to a standard. Almost like legalizing positive August 1, 2017 - Page 113 of 51 marijuana and putting the taxes back into the school district- put the STR taxes back into local housing. • Long term rentals have much more wear and tear on a home and a much lower per dien rate. If restricted to long term guests, seasonal rentals will go down making it unaffordable to keep and affecting the value of our home. • Modern approach and culturally diverse. Protectionism only serves big business and millionaires that dont need or want to rent out their home. If you want Vail to be a thriving community that can weather downturns, you need a diverse customer base. • My condo is licensed and I am happy to pay sales/lodging taxes to support the community. However, I should not be subjected to additional burden from regulations beyond general safety/firecode. Long-term rentals aren't subject to those so this would create a inequality. • Not as intrusive to residential neighborhoods as some (non-compliant) lodging properties are, such as Vail Racquet Club in East Vail • Short term home rental is definitely the wave of the future and without it in Vail many would be tourists or short term occupants will chose other areas, in other counties, such as Breck, Keystone and the like so facilitating this activity is critical to the vibrancy of Vail as a vacation destination particularly for out of state and out of county visitors. • Short term rentals are a trend that is here to stay, Vail needs to embrace it and extract maximum benefit from the trend • Short term rentals are not new. But given technology, the individual owner can benefit, not just management companies and Vail Resorts. • The benefits are huge and should not be held back by too much regulation. • Vacation home and condo rentals are very much needed. Many people do not want to stay in a lodge and home rentals are much more affordable, especially for extended family groups. • Vail has a history of renting everything everywhere. Zoning has allowed it. Larger cities that expect privacy and peace and quiet should zone it out, not appropriate to have a B&B transient lodging in residential neighborhoods. • When I travel, I prefer to rent a home vs staying in a hotel. • While I agree everyone needs to pay their fair share and get licensed, I don't see the "sharing economy" model going away. If Vail wants to engage younger travelers (an issue the entire ski industry is facing) that are more likely to utilize this type of rental property it needs to ensure these options are available • Without these alternative lodging options, many visitors who regularly come to Vail could not and would not because of high unaffordable prices and lack of available space. Middle class families could not afford it. • its great all around! • Air B&B in people's homes has a positive impact, rental units a negative as it crates less of a community for year-round residents. • Are Vail lodges ever truly totally filled with customers? • Don't make it so difficult to allow short term rentals let airbnb collect the tax. • I absolutely do not care about any of these so-called benefits. Vail seems plenty full of visitors already. • I believe in a free market. Though think the negative affects of this market are not apparent, yet, to landlords who do see positive cashflow. Stores/restaurants/ski areas have begun to bear more costs associated with their employees and therefore higher prices for guests and residents will hopefully change minds. positive positive positive positive positive positive positive positive positive positive positive positive positive positive neutral neutral neutral neutral neutral August 1, 2017 - Page 114 of 51 • I think the taxes should increase for those with short-term rentals or the license fee should increase to help balance the number of rental units. Win win for everyone. neutral • I've never concerned myself with "trends". neutral • It does address a trend and provide alternative lodging options. However, there needs to be more stringent regulations enforced by the town. There could be safety issues that are not addressed or considered. Hotels have to follow certain guidelines. There should be some basic safety/cleanliness guidelines required to ensure that the guests have a positive experience as well as not negatively impacting those around the short-term rental. neutral • It does open up a different experience and price options to the area. A small amount of short term rentals is not a bad thing but I don't think non -locals should be able to buy up a property for the sole purpose of renting it nightly. I also don't think people should be able to own multiple properties that they operate as a nightly rental taking them off the rental market for people trying to make a life here. neutral • NA neutral • No. neutral • People want to be able to rent places that provide a kitchen. But this has to be balanced with people that are permanent residents and do not want the issues that come with short term rentals. Additionally it is a challenge to have short term rentals that must meet different building codes than hotels. • Please address traffic/speeds on lower Alpine Drive. We need another access pt to the upper neighborhood. People fly up and down the hill and it is getting scarier to walk in the neighborhood. • Seems that people want less of a hotel -y manicured experience with lodging and just want a place to call home for a few days. Hotels and condos could address this with marketing and pricing. • The problems the Town is having with RBO are easy to fix - a little more education, adding teeth to the regs already on the books and a stronger outreach to engage hosts not publishing their tax numbers. • Those who allow dogs bill a specific need. The only good reason reason for the Town of Vail to get further involved in short term rentals is to increase its revenue. This can be accomplished by really enforcing existing rules. There are a significant number of properties that do not pay the tax required. I can't imagine there are many properties that rent less than 14 days a year and still go through the expense and the effort required to advertise. • VRBO seems to work okay, Airbnb no. • Vail is fighting a losing battle. Let the market play out and stay away from further regulation which will only have an unintended negative impact. • na • you can not cater to everyone all the time • Accommodations are expensive in Vail - many of the hotels and restaurants in Vail are all becoming 5 star hotels or white table cloth restaurants. Not everyone can afford to visit Vail and spend that kind of money on lodging and restaurants. Short term rentals are offering guests a more affordable way to bring their families to Vail, otherwise everyone - locals and guests - are getting priced out of this town. • Again, everything listed in question 5 could be a positive for the homeowners and Vail Resorts. But I do believe it is eventually going to cause a huge decrease in Vail employees due to the fact that it is taking away housing options for them. neutral neutral neutral neutral neutral neutral neutral neutral neutral negative negative August 1, 2017 - Page 115 of 51 • All short term rentals being conducted direct my owners, with this new rental by owners should be required to also follow these rules and laws. It is unfair to businesses and other owners that are engaging in proper business practices. • Although VRBO and AirBnB are becoming more and more popular, the influx of people in our already tight neighborhoods are causing clustered travel on roads and buses. • Although these are positives, they are only positives for people who don't live here... I really don't give a shit if every tourist gets crazy deals on lodging when I can't afford groceries for my family because my rent is 50% of my income. • Crack down with taxes or ban STR. Locals need a place to live. We have plenty of lodging options in Vail. • I agree that short terms rentals are growing trend in the vacation market, but as I mentioned above, these units are essentially being taken away from employees and other workers who need to live and work in Vail. I choose not to live directly in the village because I don't want to deal with tourists every single day, but with a short term rental next door, I am forced to deal with a new visitor every day. I want to live in a neighborhood, not a rental area. Let the vacationers stay in hotels, timeshares, and campgrounds and let the residents live in their homes. • I can't mark anything above as I do not see a "positive" from this market! There is plenty of lodging available in town. • I consider none of question 9 as positive • I do not agree with the identified positives. Without professional management of short term rentals i.e. a local responsible party, the negatives outweigh any positive. • I do not see any benefits from having short term rentals in otherwise residential neighborhoods. • I do not think there are any positives. These "other" guests are rude, ignorant and are disrespectful of our amazing environment. They should be managed. • I don't agree with the statement in question 5. This survey seems skewed toward favoring short-term rentals? Where are the questions about the negative impacts of short-term rental? • I don't agree with your identified positives. Hotel rooms and lodging in town that is identified to have short term rentals is where the business should stay. The negatives outweigh the positives from my standpoint of living next door to short term renters. • I don't really think any of these apply, however, I am especially taken aback by "provides an alternative for visitors that desire a potentially more "engaged" lodging experience...how is being in a unit without any sort of local knowledge on hand or experienced management to resolve issues a "more engaged" lodging experience, exactly???? • I don't see any positives; only potential negatives and downside. • I don't think Vail needs to attract more people looking to short term rent as our bed base is so large as it is. • I see no positive side to allowing short term renters in otherwise quite neighborhoods where full time residents live. When looking for a rent by owner unit those clients are looking for something cheaper and I've found they also don't spend much money in town. • I see the positives but think the negatives outweigh those • I think some units who are now in the short term rental market used to be long term. This adversely affects workers trying to find a place to rent. • I think that its good as far as different price points go, but the lower income famailies that end up coming here don't spend much money here in any businesses. It is really bad in the restaurants because they really don't tip servers who are just out here trying to make a living getting paid $6.28 an hour and then only get tipped $3 on a $70 ticket. negative negative negative negative negative negative negative negative negative negative negative negative negative negative negative negative negative negative negative August 1, 2017 - Page 116 of 51 • I think that some communities are not conducive to short term rentals- the environment of a quiet neighborhood with children, etc negative • It may bring all price points to Vail, but those price points are low and a lot of the time bring people who will destroy areas of Vail. Going with a trend, doesn't mean it works for Vail. Again, if locals can't afford to live here because everyone is Short Term Renting. Guest satisfaction will go down. Less people, worse service. negative • It used to be easy going on vacation - now with all the online stuff I don't know who to trust. I stay with the tried and true ; Marriott, Holiday Inn, etc negative • No positives. Our town is full of lodging with different price points and experiences negative • None of the above, there is more than enough licensed establishments (i.e. hotels) in Vail to accommodate the guests. Hotels, by the way, have experienced lower occupancy than in prior years. negative • None of the above. Enough lodging already for guests. We have enough LICENSED facilities in Vail already! negative • On paper, yes, all options listed in number 5 can be seen as positives. BUT - that's on paper. The effects of this ripple through the community in many ways. Mainly - the more people that slip into these under the radar, the less hotels make and the less restaurants make which in turn means less that employees make, which then means the less employees can pay in rent to the fewer properties that are open due to more short term rentals. It's a downward cycle that ultimately hurts the community. It might help sell lift tickets- but I don't believe that the customers doing Air BnB are the big ticket spenders that this resort is looking for. negative • Our association does not allow AirBnB or other self managed rentals. All rentals must be handled through an approved property management company to ensure there is full compliance with HOA policies, etc. negative • People in short term rentals are here on vacation and just want to ski and party. If they were in a hotel, management would make them tone it down and they wouldn't be keeping residents awake at 3AM with their obnoxious noise. negative • Prioritizing guests over locals is a mistake. In spite of the possible advantages to guests in offering short-term rentals in the valley, the risk to local employees is too high. Guests won't have positive vacation experiences without the many employees needed to keep the mountain/town running. negative • Short Term Rentals are forecasted to increase 150% in five years. How do we mitigate the negative impacts to home owners who live and work here?! We need our rest to do the heavy lifting required to maintain Vail's world class reputation. The "engaged" lodging experience you speak of may be elusive; too many short term rental units translates to renters sharing stories with other renters. Vail can become just another bedroom community. negative • The negative side of STR is less properties available for valley housing. negative • The playing field is not level for hotels and lodges. They pay commercial taxes, are licensed, have huge investments and being undermined by unregulated rentals. negative • Unless taxes are paid on short term rentals the cons outweigh benefit. negative • Vail has always had short term rentals, whether done by owners or property managers. It's the "new" ease of doing it for owners who otherwise may not that decreases long term rental options, and most probably don't contribute via biz license or sales tax, so they negatively impact the community on two different fronts. negative • Vail is not hurting for lodging customers. Sure, there are down times, but just look at congestion during peak times. Short term rentals are also taking away valuable long term rental options for the work force and locals as well. negative • Very disappointed Vail Government encourages a "new neighbor" every week. :( Airbnb, Home Away, and VRBO is in infancy stage, expectation is they increase by 300% in 5 years. negative • do not agree that stated benefits outweigh the negative impacts. negative • nothing is good about short term rentals except the owners keep the cash. negative August 1, 2017 - Page 117 of 51 Do you have any other comments on short-term rentals in Vail? Comment Labels Count % of total Positive 21 31.82% Neutral 22 33.33% Negative 23 34.85% Grand Total 66 100.00% • I feel strongly that overly regulating short term rentals will disincentivize homeowners from renting their properties. As long as taxes are paid, there should not be additional regulation. • If the town of Vail were to work with owners, HOA hopefully an exemplary precedent could be set. Opening the door for partnering with other towns in the county. • In my opinion, increasing regulations on short term rental properties will not increase inventory of long term rental properties. As an owner of a short term rental property, I would rather take it out of the rental market completely vs converting into a long term rental property, where the wear & tear would be worse & where my ability to stay in my own property would become limited. positive positive positive • It is not the town of Vail's duty to enforce the number of units available to rent in relation to long term rental. It is their duty to provide employee housing and affordable rentals that are long term if they want to keep seasonal employees, but not at the expense of locals trying to make it in the valley. positive • Less government is better. positive • Let freedom ring. We don't need to over regulate everything!!! positive • Let the market define the success here, and let Vail flourish as a resort community. For full time residents there are plenty of months when the area is very sparsely occupied. During the peak vacation times, work on traffic direction and perhaps charge for public parking higher rates to pay for new garages, but let the market help Vail grow in stature and desirability. Honesty the most fun days to be in Vail are when it's teeming with cash paying tourists and visitors, and most days *not peak Summer and Ski* the area is empty and frankly somewhat dismal, and business suffers. • Many families can't afford in town prices, particularly 3 bedrooms and up. The short term rental market allows families an opportunity to come to east or west vail and use the bus system to get into town • Many of these units are "2nd homes" used some of the time and rented out the rest. They are not going to buy and own property in Vail if they cannot use it. This is a tourist town and these things go with it for the ski season. The major hotels contribute to this even more so than "rent by owners" types. Quality of standards is self-regulating. Most for rent by owner types rent through such sources as Airbnb or VRBO. Their guests can write reviews, a bad place gets bad reviews and few renters. If the hotels and lodges are so worried about the competition, they should change their price point. Get real everyone!! Before you discredit and restrict short-term rental, the only reason Vail is what is is and not just a sleepy mountain town is because skiing and tourism. The more visitors there are the more Vail thrives. Every business and the red-hot real estate market would not exist without it. We need the bed base to accommodate them. Would you sooner see them spend their mon • Max cars allowed Proof of local management company with all the necessary licenses and staff to actually MANAGE the property. Minimum age of renters positive positive positive positive August 1, 2017 - Page 118 of 51 • Most guests in short term rentals understand that it is not a hotel, therefore rentals shouldn't have to comply with the same Vail Quality standards as hotels. HOA's should be responsible for zoning, signage, and enforcement at each property. I think it's important to address long term housing. Business owners who employ seasonal employees should contribute to the housing problem. As Colorado and the Vail Valley continues to grow, finding long term housing will continue to be an important issue, rather than regulating property owners. positive • Not an issue, stop peddling to the hotel lobby. positive • Online lodging platforms are the way of the future and just as Uber has taken over the dinosaur taxi industry by offering lower cost alternatives, so will VRBO and Air BnB...there will always be a demand for The Ritz, Four Seasons, Sebastian, etc, and for online lodging platforms as well, unless it is the Council's desire to just cater to the elitists and drive all others away...sort of like kicking all the worker bees down valley...especially as Vail Resorts pricing continues to spiral upwards and the Council's insane idea to start charging for Summer Parking • The free-market rules and buyer beware...not the Town's business, nor, just because I have property in an online rental program doesn't mean I should have to forgo that and provide it as a long-term unit...that doesn't fit with how I wish to use my property • The idea of requiring a local property mgr/contact is stifling. They provide limited to no -value to property owners and guests while charging huge premiums for their service. There is a reason that VRBO and AirBnb emerged - the choke hold on markets by rental agencies/property managers. If you want to tie it to guest experience then all hotels, businesses and public services should be measured the same way. • The market wants it, so we need to embrace it. Don't fight it. Regulate and collect tax revenue • Vail is seeking to address a non -issue. Where are the reports of people being injured while staying at short-term rentals? I have lived in Vail for 25 years and no of no such reports, other than those that involve bad conduct by the renter. • Vail....still fabulous after all these years be ausr of this kind of planning and attention to detail. Carry on !! • Walk before we run. Methodical and cautious in regulations and implementation. • We live in a resort and short term rentals are part of that. It is what guests who come here want. It is what buyers looking for property in the area want. The long term housing problem in Vail should be solved by the town and Vail Resorts. Changing laws to prohibit short term rentals would be unfair to property owners. • You have no business telling others what they can or cannot do with their home. Keep the regulation safe the same or less as now, and stop selling personal homeowners info like they were running a retail business! • A zone restriction would be great. From the open house, it appears that other resort communities have already put this into practice. Another suggestion would be for HOAs to either give permission for a homeowner to obtain a STR license or not. For many HOAs, it would not be an issue - as they are set up for the rental market • All of these are a priority, but adding new regulations will not have a significant effect on compliance. Education is what is needed most right now. Life Safety must be looked at from a perspective of scale. Renting out one bedroom is no reason to hold a person to the same standards as a hotel with 200 rooms. Will you force other home occupancy licensees to do the same? Will the therapist seeing patients in her home be held to the same standards as the Medical Center? Will the architect drawing in his home office be held to the same standards as an office building? Vail Quality Standards are already taken care of by the reviews offered by peer users on the various sites. We already have regulations on the books to address the Quality of Life issues. Let's enforce what we have before we make more rules which will have little impact on compliance. positive positive positive positive positive positive positive positive positive neutral neutral August 1, 2017 - Page 119 of 51 • As I stated earlier, the RBO industry does have merit and provides financial benefits; however, it is imperative that rules are adopted to help mitigate the negative impact issues facing working resident home owners. I highly encourage the Town Council to adopt regulations requiring duplex owners who wish to enter the RBO, be required to provide a letter of approval from the other duplex half owner. RBO activities should be encouraged in Commercial Zoned to address the desires of TOV and businesses to generate more bed rooms and tax revenues; however, RBO activities in our neighborhoods should be substantially more restrictive to protect the privacy and peaceful home possession of residents who live and work in these areas. Short Term Renters have no stake in in the community, and therefore, no reason to care how the neighborhood around them suffers from their vacation activities. I encourage TOV Council members to adopt a zoning map that identifies areas of the Town where neutral • Based on my experience, short term property owners self govern based on the reviews they get. This is a far more effective way of regulating properties than by putting local governments to the task. Regulation should be kept to a minimum. neutral • Focus on enforcing existing regulations before exploring new ones. Do not create ridiculous inspection regulations that use tax dollars and create the need for more town employees. Let hoas create rules that work for their complex rather than trying to solve all the intricate issues of one location in a town wide regulation. We caretake / rent and short term in the village and own two rents in west vail, we see both sides. The fact is on the outskirts of town, long term does better financially than short term. neutral • Force AirBnB to collect taxes at time of booking. Shut down units without a license and heavily fine them as an example. Train code enforcement to investigate complaints. Create an affidavit of compliance on license applications. Become an industry leading example for others to follow. neutral • Government needs to limit themselves when meddling with individual home owners that live and work in the valley. Rather, focus on the major issues we have here ie. long term housing and parking and how it relates to short term vacation rentals. neutral • I don't think Vail needs to address demand market forces. We don't have enough parking available to accommodate these additional people, and at some point the quality of the Vail experience suffers when too many people are here. That line has been crossed more and more in recent years. neutral • I strongly suggest having the Town and the HOA's work closely together to implement any changes, since the HOA's are usually on site and aware of what's happening. neutral • I think making sure that all properties are adhering to safety standards is important. Although I don't like the noise level issue, Vail has had partiers who live here full time since 1962. This won't change. I do believe that AFFORDABLE long term housing is important; however, this has been an issue since way before VRBO and AirBnB. neutral • I would be interested in knowing the opposing sides view neutral • Let me disagree with the stipulation that all ads must contain a Vail tax number and/or license. Colorado and Eagle don't have a provision like that. Vail doesn't need one either. Simply let Vail do it's job of ENFORCING the rules on the books. neutral • No neutral • See previous comments neutral • Seems to be a rapidly growing trend for home rentals via VRBO and the like. I would think close monitoring important to maintain the Vail "lifestyle." neutral • There are regulations already in place regarding home rentals - thru the Colorado division of Real Estate - ie - smoke detectors,carbon monoxide detectors, etc.. neutral August 1, 2017 - Page 120 of 51 • There should be a responsible local person/company available to manage RBO units. In the case of an owner not residing in the Valley, the Town should consider adding a local property management requirement to the RBO regulations. • This survey purports to relate to "short term rentals in Vail," and I have responded as such. However, because it was handed out at a community information session on Short Term Rentals By Owner, and because RBO is the current focus of the Town of Vail, it is my opinion that it is not only deceptively titled but also of very limited use in understanding short term rentals. Commercial short term rentals through licensed rental management companies and by owner (licensed or not) short term rentals are inherently different. The context assumed by the respondent might very well lead to very different survey responses. • Vail has so many options for guests already and the fact that the valley has such a severe shortage of housing options for "locals" it seems that the priorities are a bit out of balance. Short term rental options are fine as long as it doesn't get any more out of control than it already is. We are running our locals out of town with rising costs to live and less options. • Whenever someone wants to build long term rentals or homes for locals that are at least somewhat affordable the TOV needs to strongly consider approving those projects. Short Term rentals should not be outlawed but they should not be encouraged either. Perhaps a tax that goes toward long term housing projects to offset their impact on the locals that serve visitors. • Your question which included noise, parking, garbage and traffic etc. made it impossible to answer. Just included too many things, some I might agree with, like garbage and others not, like parking. More parking creates bigger crowds on the mountain which can be hazardous. How about instead letting people be informed of how crowded the mountain is (how many tickets have been sold) beforehand so people know the risk they are taking skiing on any particular day. neutral neutral neutral neutral neutral • na neutral • AZ (Oro Valley) makes you pay for a business license if you are renting less than 30 days. The fire dept. will also assist is changing out smoke detectors in your house - no charge. I don't believe we should live in a police state, however when we lose revenue because sales tax is list from the hotels due to VRBO, etc. then the budget suffers. negative • Airbnb has been a disaster in some situations. Vail is a classy resort, we shoul be aware of diluting it's value. negative • Guests/tourists visiting can stay in hotels. We have amazing 4-5 star hotels that provide them with everything they need. Keep the housing to the locals that are already struggling to make a living. Why do we cater so much to the rich? negative • I believe strongly that short term rentals should be regulated by Vail for quality of life, safety as well as fairness issues. negative • I think that we should not allow short term rental until we fix the long term housing issues. It is absolutely absurd that people have top pay over $1,000 to $5,000 a month in rent. I feel as though rising rent prices are not being compensated in hourly wages at most businesses which will eventually lead to even less people who are willing to come move here full time. • If a shortage of short-term rentals is a problem in Vail, then Council should at least try, through zoning, to protect cohesiveness of neighborhoods by making such rentals a conditional use not permitted in every residential area and by requiring at least a minimum one-week rental term (preferably two weeks minimum). Frankly, I hope our HOA finds a way to prohibit it altogether in our complex. • If the town continues to allow short term rentals, it demonstrates that they do not care about the employees, which are critical to guests enjoyment of the area, being able to actually live here. negative negative negative August 1, 2017 - Page 121 of 51 • Nope --might have to abandon my townhome I have owned for over 25 years and throw it open to short timers so I can cash in on this bad trend • Renters usually don't care about the property of amenities. They think they've paid their money, so let the party begin. Also, they come to the property late at night now knowing where it is, going to the wrong door trying to get in. One day that could cause real problems. Also, they tell their friend to come visit going to the wrong unit, usually drunk. They will leave trash in the halls, on the street, they just don't care. They will use fancy units for their parties and rent only 1 night. • TOV is anxious to garner increased tax base, the reality is this: A VRBO renter rents a units and wishes to return next season. He will contact the owner directly and no taxes are collected. ALSO, he will refer his friends to book directly with the owner. The benefits associated with RBO units next to me has been very stressful, generated a high level on anxiety for my family and destroyed our ability to attain peaceful possession of our home and property. We have short term renters dogs running at Targe in our yard, children climbing up in our back porch balcony. Hot tub revelers partying after midnight. College kids in the hot tub smoking pot and running around the neighborhood stoned. Mu neighbor's teenage granddaughter was offered an invitation to join renters and get stoned. Short term rental is making $ for many at our expense! Issuing a business license for a residential area is WRONG. negative negative negative • Take care of the people who live and work in this community. That's why we elected you!!! negative • The Town of Vail needs to more tightly regulate short-term rentals to protect the renters as well as the neighborhoods and residents in which the short-term rentals occur. • The town should have strict regulations for Rentals by owners and ensure that enforcement is being adhered to and taxes being paid. This is something that can impact neighbors and neighborhoods as well as property values and should be reviewed strictly as with hotels and such. • There is a direct conflict between the Vail residents who are full time and work here and the short term rental owners. The quality of life that we enjoy living in Vail is in jeopardy. In addition, Vail gov. wants working families to move to Vail but with the sale of homes to short term rentals this takes away from available housing to accommodate this group! Vail needs to make tougher regulations, hopefully it will slow down this trend if they do. • There is a growing concern in the Vail resident neighborhoods that their quality of life is being severely impacted by short -tern rentals. Vail gov. needs to retain/protect its local citizens. I feel out of frustration more residents will be put up for sale and locals will move away. • There is a severe lack of regulation that needs to be addressed asap. Subdivision protective covenants should be enforced and backed by Vail gov. We will lose more housing for locals as more properties turn to short term rentals. Quality of life is being negatively impacted in our local neighborhoods. There is no concern from the short term rental owners on how this is affecting our neighborhoods, just revenue for them! There is a whole host of issues to address! • There should be more limitations to owners who are short-term renting a property with common areas. • Whenever you increase regulations, it impacts property management companies making it more difficult to compete with individuals who rent their properties. It seems the companies comply with the increased costs of licensing but the individuals do not. I would suggest a first step is to go after individuals who have not paid for the license before you try and increase regulations. • Will you put cameras in each house also? • With less and less full-time residents, Vail feels less and less like a true mountain town that I want to live in. negative negative negative negative negative negative negative negative negative August 1, 2017 - Page 122 of 51 • please get more code enforcement officers. please publish phone numbers to report illegal rentals. • please see previous comments. Please try to preserve what little is left of a community in Vail. Don't push your residents out in favor of a short-term rental base. • the ones I marked as low priority (ensuring adequate supply and lodging quality standards) are not important roles for TOV. They are important to the lodging industry, VCBA, and VVP - and market forces should address those. TOV address community, life safety, compliance, and tax collection. negative negative negative August 1, 2017 - Page 123 of 51 Attachment C TOWN OF VAIL Short -Term Rental Public Input Meeting Feedback • Licensing / Enforcement / Taxes (Majority Strongly Supports) o Heavy Fines for Compliance o Enforce Current Regs o Air B&B should collect the sales tax for the Town. They already collect state tax and lodging tax. o How will you track short & long term rentals? Who pays for this? o Too many regulations (ie: lodge quality) will like cause less compliance with licensing o Other businesses and lodges pay taxes — short term rentals make a lot of $ - Pay sales tax too! o Short term TOV collects business license lodging tax — Air B&B will remit direct to TOV o Air B&B will collect tax for TOV o Enforce what is on the books before making new rules o Air B&B to file taxes for renters to enforce correct rates and procedures o Use an affidavit to the license holders to notify them of obligations — taxes, insurance, safety o Define short-term as commercial enterprise and tax at commercial rate o Require that the p[permit # be listed on all advertisements o Neighbors and HOAs should have input on license renewal. If someone is good, it isn't an issue. If someone causes a problem and impacts neighbors, they should have a say o We should only worry about getting sales tax from all — no more enforcement • Life Safety (Majority Strongly Supports) o Would support only of self compliance o Fire Extinguishers — In sprinkled building? o CO Detectors!! Emergency Escape Plans o No additional rules or regulations for recently renovated units within an HOA o Consider a self inspection check list of requirements for safety regulations o For high density properties like condos, they should require a sprinkler system • Vail Quality Standards / Fair Competition Between Hotels, Lodges, & Short -Term Rentals (Support was Split) o Referrals & Ratings are how these sites work o Point of contact o Home owners and property mangers need to be accessible • Quality of Life / Community (Majority Strongly Supports) o Increased Noise, Traffic, and Parking o Reducing housing stock for those who want to live& work in the Community o Diminishes property value o Changes fabric of the residential neighborhood o TOV spends millions to build employees housing then allows inventory of rental properties to be turned into short-term, thus reducing housing for locals o Volume of unauthorized parking on Forest Rd, ticket offenders, restricts access of ski mountain to residents only. o Short-term rentals as opposed to bed and breakfast in a local's home, is decreasing a sense of year round community within the neighborhood o Enforce current laws o Multi -Family Duplex should be part of agreements or amend o All depends on owner or property manger riving good info to guests o We already have rules for all of these problems o People are looking for a different experience — connecting with locals makes options for guests — they still spend money in town o Adds beds for visitors, adds different lower priced options o Providers filing taxes for renters August 1, 2017 - Page 124 of 51 o Zoning could block transient lodging, but not in Vail o Consider requiring a local contact for all STR. o Vail has always had rentals, I have found long term renters are more noisy, disrespectful o HOA should be required if someone short term rents, it isn't allowed by HOA, the only recourse in legal action that can also involve the town o HTRs impact the quality of life in communities. If you chose a place to live and someone rents — it changes the feel and causes issues with noise, trash, etc. o If no HOA, town should not be involved with STRs, unless a crime is committed. o We are effectively commercializing residential neighborhoods with out zoning. o Yes - I agree with the above o Short -Term Rentals impact insurance rates and financing options o Independent owners, not management companies o Weekly rentals minimum, not 1,2,3 nights • Benefits of STRs (Majority Strongly Supports) o Worst thing to have happened in my neighborhood (Chamonix Lane) o Takes away from residential fabric of the neighborhood o Taking away long term rentals o I have been displaced 3 times, by having my apartments turning from long -tern to short-term o Unfair competition with licensed establishments — i.e. hotels o Nuisance — noise, parties, traffic, multiple strangers in the neighborhood o Residential neighborhood being used fir a commercial enterprise o Effects property and home values o Creates friendships o Direct rentals by owners need some standards/education. o Owners need to be good neighbors — pay attention to noise, parking, trash, implications o Affect of short -tern rentals on available housing for local workforce. o Town should look closely at zoning, purely residential neighborhoods should have no short-term rentals o Support with controls in place — negative impacts hotels and stiff penalties should be in place who isn't registered or paying tax to TOV o Adds to property values o With safety in place and taxes paid o Adds taxes to town and beds to guests\ o Need to do to be very competitive — very important o I could not afford to have bought in Vail without this option; I work here and want to live here. o Brings a different range of visitors to Vail, more availability, opps for families to stay in large houses, can't typically afford hotels o Regulation and Enforcement o No more regulations except compliance o People can stay longer and have kitchens o Keep a mix, keep it fair o Better compliance o Owner or present property manager vs. out of state owners - 2 August 1, 2017 - Page 125 of 51 July 11, 2017 Greetings Town of Vail Staff and Town of Vail Council Members: 1 recently attended your Open House at the town chambers and participated in your Short Term Renting presentation. I exited from the poster board presentation and staff commentary with a sense of disappointment and concern. My perception was the primary focus of the Town of Vail staff was orientated towards collecting sales tax revenue, issuance of Business Licenses, instituting safety procedures, and such. Frankly, !question the legality and wisdom of the Town of Vail staff in issuing Business Licenses in Residential Zoned Neighborhoods. My perception of a business license holder is a commercial venture that has stated operating hours, is located in a commercially zoned area, and generates people and auto traffic. To be clear, I do not support the concept of allowing a commercial venture in Residential Zoned Neighborhoods. If it is the will of the TOV government, then, so be it. Is a commercial operation located in a Residential Zoned Neighborhood an idea of merit? Is the Town of Vail being negligent by disregarding the privacy rights of home owners and families that live and work in this town, for the sake of garnering a few sales tax dollars? Is it the town's and residential neighborhood's obligation to provide beds in our neighborhoods to satisfy the demand for additional lodging, thus, exposing its citizens to the inherent nuisance and controversial issues associated with short term rentals? Is the TOV inadvertently exposing adjacent property owners to Liability Issues? STRs are beneficial in several ways and I support the concept, wholeheartedly; however, allowing them to migrate into Residential Zoned Neighborhoods raises many concerns. I live with a short term rental property drive located some twenty feet from my bedroom window and another such property about 100 feet from the front side of my house. I have experienced, first hand, the nuisance, frustration, anxiety, and multitude of related controversial issues inherent with this sort of activity... it is like living in an airport terminal; people coming and going at all hours of the day and night, seven days a week. The rental adjacent to my bedroom has a hot tub on the outside deck and that is an issue in and of itself! I urge the TOV staff to incorporate language in pending legislation governing STR activities, that mitigates the controversies associated with this industry and provides much needed relief for the residential neighborhoods they are allowed to migrate into. Again, I oppose allowing the issuance of a Business License in a Residential Zoned Neighborhood; however, if it is allowed the TOV must shoulder full responsibility for the outcomes, good, bad, or indifferent; they will own it. I encourage consideration by staff to require duplex owners wishing to short term rent in residential zoned areas, to retain a letter of approval from the other duplex half owner which will be presented to the TOV when applying for a Business License and renewable each year. August 1, 2017 - Page 126 c I urge TOV staff to limit the number of STR days allowed for duplex owners to thirty days, annually, if the unit half is NOT his or her PRIMARY RESIDENCE. If the unit is a primary residence for an owner, then the TOV sets no restriction on number of STR days and he can negotiate with his other half duplex owner on number of allowable STR days when seeking that owner's letter of approval to engage in active STR markets. This proactive approach provides a win-win for all parties involved; the TOV garners Sales Tax to help fill the coffers, duplex owners and renters who live and work in the town are protected from having their properties morph into mini hotels and airport terminals, duplex owners who are not permanent residents, and wish to rent, are eligible to reap benefits of thirty days of income at peak times, the lodging community benefits because they are usually filled to capacity during peak time periods and thus, not losing revenue, and the businesses are happy to sell their goods and fill restaurant seats. In addition, there should be a radius restriction, requiring a specific distance STR units are located from one another. This measure would greatly mitigate the impact of STRs in a residential zoned area. In closing, I would be somewhat remiss if I did not address an unspoken issue that is of paramount importance; the issue of consequence. If the TOV allows STR activities, unchecked, in our Residential Zoned Neighborhoods, they may be inviting disastrous consequence. To illustrate my point, it is well documented that investors and real estate conglomerates are in a frenzy to purchase condos, townhomes, and multi dwellings and flip them to STR management; you cannot fault these opportunists; there is a great amount of financial gain from this industry. Are the number of long term housing units being taken out of inventory keeping pace with the Town's efforts to employ tax payer dollars to build employee housing? A related consequence is the long term effect STR5 have in Residential Zoned Neighborhoods; as the adjacent home owners become more antagonized by the nuisance, they will be forced to sell their properties and seek other living quarters. There is a strong likelihood a potential buyer will not be a family wishing to relocate into this neighborhood; they will be discouraged by the surrounding activity of the short term rentals and their inherent controversies. One may correctly conclude the new buyer (s) will be interested in purchasing the vacant home and list it with a STR agent... another potential housing unit for a local, is removed from inventory. My conclusion is this; we may well be on our way in creating a new social structure in the Town of Vail; neighborhoods with rental beds, an influx of weekly strangers, and more uninvited traffic congestion. Thank you for the opportunity to present my concerns. Sincerely, Mike Reid August 1, 2017 - Page 127 c Johannah Richards From: Hedy Holmberg <hedy.holmberg@gmail.com> Sent: Wednesday, July 26, 2017 8:18 PM To: Johannah Richards Subject: Rent -by -Owner Dear Ms. Richards, RE: Rent By Owner Regulations My husband and I are property owners who have rented our condo unit on VRBO since 2009. As such, I would like to comment as town officials move forward with more regulations and restrictions. Before we went `live' with our VRBO listing I called the TOV to let them know that I was now renting our unit and got the information and tax forms so that I could comply with the law. 1 currently file quarterly taxes to the TOV, State of Colorado, and the Local Marketing district; I collect and pay 9.8% in taxes and have done so beginning with my first rental in 2009. Our unit is in a building that has few full time residents and is primarily used for short term rentals, in fact, there is a rental office on the premises. When we purchased our condo unit in 2000 we used the on-site rental management company but after eight years decided to rent it out ourselves for several reasons. The rental company charges 40% to rent out our unit and does not collect a damage deposit. We had a number of issues over the years but the final straw was when a renter carved a phone number into the top of a night stand and the rental company did nothing about it; it was solely my responsibility to arrange and pay for the repair. Now I collect a damage deposit and over the last 8 years have never once had to deduct money from deposits for damage to our unit. Yes, things have been broken, stained, etc. but it is part of doing business and since I collect the full rental amount I can absorb these expenses. The biggest benefit, however, is to the renter. Because I do not pay a 40% management fee I put a lot of money back into our condo unit. Since 2009 we have replaced carpeting, remodeled the kitchen and bathrooms, and purchased all new furniture, bedding and linens. I have 31 traveler reviews, all are 5 stars! Additionally, I have had many return renters and have developed a relationship with them. My family Ioves Vail, I took my first ski lesson as a `never -ever' skier in 1982 and have been skiing ever since. Our older son was married in Vail last summer. I believe that renters should be paying taxes and that people who rent out their units should be collecting them as this is how we pay for services like the `free' TOV bus. Clearly regulations that are in place need to be enforced. Perhaps stiff penalties should be imposed on owners who do not remit taxes. I do not feel that I should be penalized with greater and more onerous regulations and restrictions because I have followed the rules. Sincerely, Hedy Holmberg August 1, 2017 - Page 128 c Johannah Richards From: Joann Levy <jlcarhart@aol.com> Sent: Sunday, July 16, 2017 9:29 PM To: CommDev; Johannah Richards; khalloran@vailgo.com Subject: short term rentals July 16, 2017 Hello -I noticed the article in the Vail Daily regarding short term rentals in Vail. As long term residents of the Vail Valley I thought I would give my opinion on short term rentals. Our son , who now resides in Washington,owns a unit in East Vail and rents it at a slight loss in revenue to a gal who currently works at Vail Valley Medical Center. We charge a low monthly price for a unit that has wood floors, granite slab and furniture from Crate and Barrel. We currently live in Arrowhead next to a home that rents short term. It is situation that I would never advise to anyone residing in a neighborhood anywhere in this valley. Cars and CMC vans arrive all day and all night, renters change frequently, excessive noise, little environmental awareness to the homeowners running a gas fireplace from 7 am until midnight, leaving the garage doors open all day in minus 20 degree temperatures, and having hot tubs running all day and night plus no regard for the privacy of neighbors. My suggestion is to place a cap on the number of units that can rent short term in specific neighborhoods . If a unit gets sold that rents short term the new owner goes to the bottom of the list. New owners are purchasing real estate they would never afford without the rental income of a short term rental. They are unaware that our workers need housing, nor do they care. Yes, property managers reap benefits and they were highly represented at your meeting. An impossible door to door poll would see opposing results. We would like to sell our place in East Vail this spring due to our son relocating to Carbondale, however I do not want it to be sold to someone who rents his unit short term. I would prefer to see it rented or sold to a local who needs housing. This may prove difficult. The short term rental problem is increasing becoming more difficult without regulations; regulations that are in place in numerous areas of the country. Leavenworth, Washington, a resort town located in the Cascades in Washington state, does not allow short term rentals within town limits for example. The goal is to keep their hotels in business. I did not see the survey mentioned and wanted to share my thoughts. Please forward to correct personnel if I do not have the correct email addresses. Many thanks. Joann Carhart Levy cell : 970-471-0853 August 1, 2017 - Page 129 c Johannah Richards From: Brian Burke <brian.burke@gmail.com> Sent: Tuesday, July 11, 2017 9:24 AM To: Johannah Richards Subject: Vail Short Term Rental Comments Hi Johannah, I'm writing to provide my comments and perspective on short-term rentals in Vail prior to tonight's meeting. As a property owner in Vail, I support the property rights of owners to rent their units in a short-term manner. Short-term rentals have always been a part of the resort market, with condos/houses available for as long as I can remember. These rentals contribute to the vibrancy and economy of the town by providing additional lodging options and different price points than offered by the hotels. As Vail continues to grow in expense and exclusivity, it is important that it remain attainable as a destination by those who are not the ultra -rich and short-term rentals provide that option. We bought our condo in East Vail 6 years ago, which had been a Long-term dream of ours. We offset some of the cost through short-term rentals, as well as through seasonal rentals. We would not be able to afford a dedicated 2nd home without this market. Furthermore, I employ housekeepers, handyman/repairman, etc. to maintain the property. In this regard, there is no difference between my doing so as an individual owner, vs. listing it through a property management company. My neighbors have commented on the high quality of renters that have stayed in our unit (generally families) and have no complaints about it. The conversation around ensuring the "guest experience" is needless. VRBO and AirBnb provide robust reviews of properties, as well as guarantees to the guest. It sounds like bringing up the "guest experience" is something the hotel companies are trying to do as a deterrent. With occupancy at all-time highs year-round in Vail, they can use a little competition. Additionally, the idea of short-term rentals eating in to the market for seasonal worker rentals does not hold water. It is the high cost, and rapidly escalating price of real estate, that has impacted that market. Simply put, seasonal workers cannot afford the rent required to turn a small profit on the current purchase price of small condos/apartments in town. Finally, 1 registered my unit with a business license (#6831) and pay taxes. I'm happy to contribute to the economy of the town in that manner. Requiring short-term rentals to have a business license and pay occupancy taxes is the fair way to address this market - it levels the playing field with the large hotel operators while not restricting the property rights of homeowners. I urge you and the town council to not implement any further restrictions on owners like myself. Thank you, Brian Burke 1 August 1, 2017 - Page 130 c Brian Burke 303.887.4121 bri an.burke(a,gmai 1. co m August 1, 2017 - Page 131 c July 11, 2017 Greetings Town of Vail Staff and Town of Vail Council Members: I recently attended your Open House at the town chambers and participated in your Short Term Renting presentation. I exited from the poster board presentation and staff commentary with a sense of disappointment and concern. My perception was the primary focus of the Town of Vail staff was orientated towards collecting sales tax revenue, issuance of Business Licenses, instituting safety procedures, and such. Frankly, I question the legality and wisdom of the Town of Vail staff in issuing Business Licenses in Residential Zoned Neighborhoods. My perception of a business license holder is a commercial venture that has stated operating hours, is located in a commercially zoned area, and generates people and auto traffic. To be clear, I do not support the concept of allowing a commercial venture in Residential Zoned Neighborhoods. If it is the will of the TOV government, then, so be it. Is a commercial operation located in a Residential Zoned Neighborhood an idea of merit? Is the Town of Vail being negligent by disregarding the privacy rights of home owners and families that live and work in this town, for the sake of garnering a few sales tax dollars? Is it the town's and residential neighborhood's obligation to provide beds in our neighborhoods to satisfy the demand for additional lodging, thus, exposing its citizens to the inherent nuisance and controversial issues associated with short term rentals? Is the TOV inadvertently exposing adjacent property owners to Liability Issues? STRs are beneficial in several ways and I support the concept, wholeheartedly; however, allowing them to migrate into Residential Zoned Neighborhoods raises many concerns. I live with a short term rental property drive located some twenty feet from my bedroom window and another such property about 100 feet from the front side of my house. I have experienced, first hand, the nuisance, frustration, anxiety, and multitude of related controversial issues inherent with this sort of activity... it is like living in an airport terminal; people coming and going at all hours of the day and night, seven days a week. The rental adjacent to my bedroom has a hot tub on the outside deck and that is an issue in and of itself! I urge the TOV staff to incorporate language in pending legislation governing STR activities, that mitigates the controversies associated with this industry and provides much needed relief for the residential neighborhoods they are allowed to migrate into. Again, I oppose allowing the issuance of a Business License in a Residential Zoned Neighborhood; however, if it is allowed the TOV must shoulder full responsibility for the outcomes, good, bad, or indifferent; they will own it. I encourage consideration by staff to require duplex owners wishing to short term rent in residential zoned areas, to retain a letter of approval from the other duplex half owner which will be presented to the TOV when applying for a Business License and renewable each year. I urge TOV staff to limit the number of STR days allowed for duplex owners to thirty days, annually, if the unit half is NOT his or her PRIMARY RESIDENCE. If the unit is a primary residence for an owner, then the TOV sets no restriction on number of STR days and he can negotiate with his other half duplex owner on number of allowable STR days when seeking that owner's letter of approval to engage in active STR markets. This proactive approach provides a win-win for all parties involved; the TOV garners Sales Tax to help fill the coffers, duplex owners and renters who live and work in the town are protected from having their properties morph into mini hotels and airport terminals, duplex owners who are not permanent residents, and wish to rent, are eligible to reap benefits of thirty days of income at peak times, the lodging community benefits because they are usually filled to capacity during peak time periods and thus, not losing revenue, and the businesses are happy to sell their goods and fill restaurant seats. In addition, there should be a radius restriction, requiring a specific distance STR units are located from one another. This measure would greatly mitigate the impact of STRs in a residential zoned area. In closing, I would be somewhat remiss if I did not address an unspoken issue that is of paramount importance; the issue of consequence. If the TOV allows STR activities, unchecked, in our Residential Zoned Neighborhoods, they may be inviting disastrous consequence. To illustrate my point, it is well documented that investors and real estate conglomerates are in a frenzy to purchase condos, townhomes, and multi dwellings and flip them to STR management; you cannot fault these opportunists; there is a great amount of financial gain from this industry. Are the number of long term housing units being taken out of inventory keeping pace with the Town's efforts to employ tax payer dollars to build employee housing? A related consequence is the long term effect STRs have in Residential Zoned Neighborhoods; as the adjacent home owners become more antagonized by the nuisance, they will be forced to sell their properties and seek other living quarters. There is a strong likelihood a potential buyer will not be a family wishing to relocate into this neighborhood; they will be discouraged by the surrounding activity of the short term rentals and their inherent controversies. One may correctly conclude the new buyer (s) will be interested in purchasing the vacant home and list it with a STR agent... another potential housing unit for a local, is removed from inventory. My conclusion is this; we may well be on our way in creating a new social structure in the Town of Vail; neighborhoods with rental beds, an influx of weekly strangers, and more uninvited traffic congestion. Thank you for the opportunity to present my concerns. Sincerely, Mike Reid TOWN Of9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 10, Series of 2017, First Reading, An Ordinance Repealing and Reenacting Section 5-1-6 of the Vail Town Code, Concerning Noxious Weed Management and Enforcement PRESENTER(S): Gregg Barrie, Senior Landscape Architect ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Ordinance No. 10, Series of 2017 upon first reading. BACKGROUND: Pursuant to C.R.S. §§ 35-5.5-106 and 31-15-401, and its home rule authority, the. Town is empowered to regulate the presence, management and control of noxious weeds on any lands under its jurisdiction, to declare the existence of any such noxious weeds as a public nuisance, and to provide for and compel the removal of such noxious weeds. This Ordinance will update the Town's current regulations addressing noxious weeds. STAFF RECOMMENDATION: Approve Ordinance No. 10, Series of 2017 upon first reading. ATTACHMENTS: Description Ordinance No. 10 Series of 2017 August 1, 2017 - Page 132 of 51 ORDINANCE NO. 10 SERIES 2017 AN ORDINANCE REPEALING AND REENACTING SECTION 5-1-6 OF THE VAIL TOWN CODE, CONCERNING NOXIOUS WEED MANAGEMENT AND ENFORCEMENT WHEREAS, pursuant to C.R.S. §§ 35-5.5-106 and 31-15-401, and its home rule authority, the Town is empowered to regulate the presence, management and control of noxious weeds on any lands under its jurisdiction, to declare the existence of any such noxious weeds as a public nuisance, and to provide for and compel the removal of such noxious weeds; WHEREAS, the Town Council hereby finds and declares that noxious weeds are a present threat to the economic and environmental value of the lands within the Town's jurisdication; WHEREAS, the Town Council desires to manage and control the spread and proliferation of noxious weeds through implementation of a coordinated program utilizing a variety of methods for the eventual removal of noxious weeds through their eradication and to promote desirable plant communities; and WHEREAS, the Town Council finds that the public health, safety and welfare will be served by requiring the removal of noxious weeds from property within the Town and by the adoption of this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 5-1-6 of the Vail Town Code is hereby repealed in its entirety and reenacted to read as follows: 5-1-6: NOXIOUS WEED MANAGEMENT AND ENFORCEMENT. A. Definitions. For purposes of this Section, the definitions set forth in the Colorado Noxious Weed Act, C.R.S. § 35-5.5-103, are hereby adopted to the extent they do not conflict with the following definitions, and the following terms shall have the following meanings: Management Plan means the Noxious Weed Management Plan adopted by the Local Advisory Board. Noxious weed means an alien plant or parts of an alien plant that have been designated by rule by the Commissioner of the Colorado Department of Agriculture or the Colorado Department of Agriculture as being noxious and plants declared to be noxious weeds by the Local Advisory Board. Property means any real property located within the Town. 1 Ordinance No. 10, Series of 2017 August 1, 2017 - Page 133 of 51 Public Works Director means the Public Works Director or designee. B. Local Advisory Board. The Town Council shall be the Local Advisory Board for noxious weed control. A majority of the members of the Board shall constitute a quorum. The voting rules for the Local Advisory Board shall be the same as for the Town Council. The Local Advisory Board may adopt, amend and update the Management Plan by resolution. C. Management Plan. The Local Advisory Board has adopted the Management Plan. The Public Works Director shall maintain the Management Plan and make it available for public inspection. D. Plants declared noxious weeds: All plants which are declared noxious weeds are named and described in the Management Plan. The Local Advisory Board may designate additional plants not otherwise named and described in the Management Plan that aggressively invade or are detrimental to economic crops, livestock, wildlife or native plant communities or are carriers of detrimental insects, diseases, allergens or parasites for eradication and management within the Town. E. Declaration of nuisance: All plants declared noxious weeds by the Town are declared to be a public nuisance. F. Duty to manage. It is the duty of all property owners to use integrated management pursuant to the Management Plan to manage and prevent the spread of all noxious weeds through elimination of such noxious weeds from such property. Elimination and removal of noxious weeds shall be in accordance with the Management Plan and C.R.S. § 35- 5.5-108.5. G. Violation and penalty. 1. It is unlawful for any person to violate any provision of this Section or the Colorado Noxious Weed Act. 2. A violation of this Section shall be subject to the penalty set forth in Section 1-4-1, in addition to any other remedies provided herein or allowed by ordinance, law, rule or regulation. Each day of violation shall be a separate offense. H. Abatement. 1. Identification and inspection. a. The Town may enter any property to inspect for the existence of noxious weeds when at least one (1) of the following has occurred: 2 Ordinance No. 10, Series of 2017 August 1, 2017 - Page 134 of 51 (1) The property owner or occupant has requested an inspection; (2) A neighboring resident has reported a suspected noxious weed infestation and requested an inspection; (3) The Public Works Director has made a visual inspection from a public right-of-way or other area and has reason to believe that a noxious weed infestation exists; or (4) The Public Works Director has inspected a current aerial satellite map of the property and determined there is reason to believe that a noxious weed infestation exists. b. Where entry onto private property is required to investigate the existence of noxious weeds, the inspection may be scheduled at any reasonable time upon the consent of the property owner or occupant. A property owner shall be notified of a pending inspection by certified mail at the address of record with the County Assessor's Office at least ten (10) days prior to such inspection. If, within ten (10) days of the notice, the property owner or occupant fails to respond or otherwise denies access, the Town may seek an inspection warrant issued from the Municipal Court pursuant to C.R.S. §§ 35-5.5-108.5(5)(b)(I) or 35-5.5-109(2)(b). 2. Notice of eradication. If the Public Works Director finds noxious weeds upon inspection, the Public Works Director shall issue a notice of eradication to the property owner, which shall be sent by certified mail to the address of record with the County Assessor. The notice of eradication shall name the noxious weeds, shall identify eradication as the required management objective, shall advise the property owner to commence eradication efforts with a specified time, shall state the integrated noxious weed management techniques prescribed in the Management Plan and shall advise the property owner that, within five (5) days from the date of the notice of eradication, the property owner must submit a plan and schedule acceptable to the Public Works Director. 3. Eradication. Within five (5) days after the date of the notice of eradication, the property owner shall comply with the terms of the notification of eradication or shall submit a plan and schedule which is acceptable to the Town for the completion of the management objective. An essential component of the plan shall be to eradicate noxious weeds prior to the seasonal time in which such noxious weeds create and disburse seeds or otherwise spread or propagate. 3 Ordinance No. 10, Series of 2017 August 1, 2017 - Page 135 of 51 6. Abatement action. If no voluntary abatement is achieved, the Town Attorney may file a nuisance abatement action pursuant to Section 5-1-14, in any court of record, including the Municipal Court. 7. Recovery of abatement costs. Pursuant to C.R.S. § 35-5.5- 109, the Town may assess one hundred percent (100%) of the cost of eradication and abatement, including up to twenty percent (20%) of inspection and other incidental costs, including without limitation administrative and legal costs. In addition, the Town may assess an additional five percent (5%) of the whole costs of eradication and abatement as an administrative fee. Any such assessment shall be a first and prior lien on the property and may be certified to the County Treasurer, who shall collect the assessment in the same manner as other taxes. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Vail Town Code in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1st day of August, 2017, and a public hearing for second reading of this Ordinance is set for the 15th day of August, 2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: 4 Ordinance No. 10, Series of 2017 Dave Chapin, Mayor August 1, 2017 - Page 136 of 51 Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2017. ATTEST: Patty McKenny, Town Clerk 5 Ordinance No. 10, Series of 2017 Dave Chapin, Mayor August 1, 2017 - Page 137 of 51 TOWN Of9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 9, Series of 2017, First Reading, An ordinance establishing Special Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12- 9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 12 dwelling units with 15 attached accommodation units (lock -offs), 19 accommodation units and 10 employee housing units, located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5 and setting forth details in regard thereto. PRESENTER(S): Jonathan Spence, Senior Planner ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 9, Series of 2017, upon first reading. BACKGROUND: The applicant, Lunar Vail LLC, represented by Mauriello Planning Group, is requesting a first reading of Ordinance No. 9, Series of 2017, an ordinance establishing Special Development District No. 42, pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 12 dwelling units with 15 attached accommodation units (lock -offs), 19 accommodation units and 10 employee housing units (EHUs), located at430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5. STAFF RECOMMENDATION: On June 12, 2017 the Town of Vail Planning and Environmental Commission (PEC) held a public hearing on the request to establish SDD No. 42, pursuant to the requirement of Section 12-9(A), Vail Town Code. At the conclusion of the public hearing, the PEC voted 4-3 (Gillette, Perez and Rediker opposed) to forward a recommendation of approval, with conditions, to the Vail Town Council. ATTACHMENTS: Description Staff Memorandum to the Town Council Attachment A. Vicinity Map Attachment B. Ordinance No. 9, Series of 2017 (draft) Attachment C. PEC Staff Memo 6-12-2017, without attachments Attachment D. Revised Project Narrative, May 31, 2017 Attachment E. Revised Plan Set, May 31, 2017, Part 1 Attachment E. Revised Plan Set, May 31, 2017, Part 2 Attachment E. Revised Plan Set, May 31, 2017, Part 3 Attachment E. Revised Plan Set, May 31, 2017, Part 4 Attachment F. Alternative North Elevations, 6-5-17 August 1, 2017 - Page 138 of 51 Attachment G Vail Village Master Plan, in part Attachment H Correspondence received to date 080117 Attachment I. PEC Minutes 6-12-2017, Draft August 1, 2017 - Page 139 of 51 TOWN OF VAIL Memorandum TO: Vail Town Council FROM: Community Development Department DATE: August 1, 2017 SUBJECT: First reading of Ordinance No. 9, Series of 2017, an ordinance establishing Special Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 12 dwelling units with 15 attached accommodation units (lock -offs), 19 accommodation units and 10 employee housing units, located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5 and setting forth details in regard thereto. (PEC17-0006) Applicant: Lunar Vail LLC, represented by Mauriello Planning Group Planner: Jonathan Spence I. SUMMARY The applicant, Lunar Vail LLC, represented by Mauriello Planning Group, is requesting a first reading of Ordinance No. 9, Series of 2017, an ordinance establishing Special Development District No. 42, pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 12 dwelling units with 15 attached accommodation units (lock -offs), 19 accommodation units and 10 employee housing units (EHUs), located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5. On June 12, 2017 the Town of Vail Planning and Environmental Commission (PEC) held a public hearing on the request to establish SDD No. 42, pursuant to the requirement of Section 12-9(A), Vail Town Code. At the conclusion of the public hearing, the PEC voted 4-3 (Gillette, Perez and Rediker opposed) to forward a recommendation of approval, with conditions, to the Vail Town Council. Staff has received considerable correspondence from groups and individuals concerning this application. Some of this correspondence posed questions concerning process and other elements of the Vail Town Code. In these instances, responses were provided either by the Community Development Department or by the Town Attorney. All correspondence received to date, including responses from town staff, are included as Attachment H. August 1, 2017 - Page 140 of 51 II. DESCRIPTION OF REQUEST The applicant, Lunar Vail, represented by Mauriello Planning Group, is requesting a recommendation to the Vail Town Council to establish Special Development District No. 42, pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 12 dwelling units with 15 attached accommodation units (lock -offs), 19 accommodation units and 10 employee housing units, located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5. The project is composed of the following components: Employee Housing Units (EHUs) The proposed ten (10) EHUs will be deed -restricted rental units, limited to residents working at least thirty (30) hours per week in Eagle County. The proposed EHUs range in size from approximately 384 square feet to 1,199 square feet and include eight (8) two-bedroom units, one (1) one -bedroom unit and one (1) studio. The EHUs are located on the first and second floors above the parking garage in the proposed structure. The total floor area of the ten (10) units totals 10,574 square feet. EHUs, per the Vail Town Code, are not considered Gross Residential Floor Area (GRFA) and are thus not deducted from a development's available GRFA. In addition, EHUs do not contribute to the calculation of dwelling units for purposes of calculating allowable units per acre. Accommodation Units The applicant is proposing nineteen (19) accommodation units also located on the first and second floor of the proposed structure. The units range in size from 363 square feet to 431 square feet. The total GRFA for the nineteen (19) accommodation units is 7,263 square feet. The accommodation units, in the HDMF district, are counted as one-half (1/2) of a dwelling unit for purposes of calculating allowable units per acre. Dwelling Units The applicant is proposing twelve (12) for sale dwelling units to be located on the third, fourth and fifth (dormer) floors of the structure. These units range in size from 1,197 square feet to 2,827 square feet, exclusive of the Attached Accommodation Units. The units proposed are a mixture of 2, 3 and 4 bedroom layouts. The total proposed GRFA of the dwelling units is 21,982 square feet. Attached Accommodation Units (Lock Offs) The applicant is proposing fifteen (15) Attached Accommodation Units or lock -offs attached to eleven (11) of the dwelling units. These units may be rented separately and have direct access from common areas without necessitating passing through a dwelling unit. These units range in size from 238 square feet to 512 square feet and are located on the third and fourth levels of the proposed structure. The total proposed GRFA for the Attached Accommodation Units is 5,139 square feet. Attached accommodation units do not contribute to the calculation of dwelling units for purposes of calculating allowable units per acre. Town of Vail Page 2 August 1, 2017 - Page 141 of 51 Existing Parking As part of Phase 1 of the Mountain View Residences, discussed in greater detail in the background section below, a 112 space parking structure was built in 2006 along the northern portion of the property. This three level structure, located predominately below grade, provides required parking for the 23 dwelling units located in the Mountain View Residences Phase 1 building and the required parking for the proposed Phase 2 building. No additional parking is proposed. Attached for review are the following documents: A. Vicinity Map B. Draft Ordinance No. 9, Series of 2017 (SDD No. 42, Vail Mountain Residences) C. PEC Staff Memorandum, June 12, 2017, without attachments. D. Revised Project Narrative, May 31, 2017 E. Revised Plan Set, May 31, 2017 F. Alternative North Elevations, June 5, 2017 G. Vail Village Master Plan (in part) H. Correspondence received to date I. Minutes from the June 12, 2017 PEC public hearing III. SPECIAL DEVELOPMENT DISTRICT -PURPOSE AND PROCESS Purpose View Per Section 12-9A-1, Vail Town Code, the purpose of a Special Development District (SDD) is: "encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the town; to facilitate the adequate and economical provision of streets and utilities, to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail comprehensive plan. An approved development plan for a special development district, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the special development district. Process Section 12-9A-4, Development Review Procedures, Vail Town Code, outlines the various steps and procedures for establishing a Special Development District. According to Section 12-9A-4, there are three primary steps in the establishment procedures: 1) Pre -application meeting with the Town staff Town of Vail Page 3 August 1, 2017 - Page 142 of 51 2) Planning and Environmental Commission review and recommendation 3) Town Council review Development applications for the establishment of a Special Development District are first reviewed by the Planning & Environmental Commission (PEC) for impacts associated with the proposed uses on the development objectives of the Town and compatibility of any requested deviations from the prescribed development standards (i.e. GRFA, site coverage, building height, etc.) with the Town's adopted design criteria. The review and recommendation of the application by the PEC is based upon a set of prescribed criteria. According to the Section 12-9A-8: in part, "design criteria shall be used as the principal criteria in evaluating the merits of the proposed special development district. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved" Please see Section X of this memorandum for a review of each of the nine (9) design criteria. IV. ACTION REQUESTED OF THE VAIL TOWN COUNCIL Following the introductory presentation on the proposal on June 20, 2017, the Vail Town Council continued the proposed first reading of Ordinance No. 9, Series of 2017 to the July 11, 2017 public hearing. At this meeting of the Town Council, the first reading was tabled to the August 1, 2017 to allow more time for the applicant and staff to work through outstanding items. The draft ordinance, included as Attachment B, includes the conditions of approval as recommended by the PEC with slight changes by the Town Attorney in terms of format. Staff and the applicant have come to agreement on a revised set of conditions of approval that are more clear, understandable and enforceable. These conditions, which would replace the conditions in the attached ordinance (Section 5), are as follows: a. Approval of an associated Design Review Board ("DRB") application. b. Prior to submittal of the DRB application, the Applicant shall work with Town staff to increase the number and size of the new landscape plantings. c. Prior to the issuance of the first certificate of occupancy for the project, the Applicant shall execute and record, in a form approved by the Town Attorney, a pedestrian easement on the east side of the applicant's property for the existing paved path and stairs from the South Frontage Road right-of-way to the Town's recreational path. d. Prior to issuance of the first certificate of occupancy for the project, the Applicant shall design and construct a continuous 10' -wide separated concrete sidewalk Town of Vail Page 4 August 1, 2017 - Page 143 of 51 along the South Frontage Road from Vail Valley Drive to the easternmost boundary of the Property. All necessary easements for the sidewalk west of the Property shall be acquired by the Town within 11 months of issuance of the first building permit for the project. The sidewalk shall be designed in general accordance with Option A as shown on the plans approved by the PEC on June 12, 2017, and shall be submitted to the Town and approved by the Town prior to construction. The Applicant shall grant a pedestrian easement on the Property to the Town for the sidewalk, which easement shall be expanded as necessary to accommodate Option B as shown on the plans approved by the PEC on June 12, 2017. In such sidewalk, the Applicant shall install a snowmelt system, including the heat source and all necessary components, in compliance with Town standards,. The Applicant shall be responsible for the cost of maintenance and operation of the sidewalk and snowmelt system on or adjacent to the Property, and prior to issuance of the first certificate of occupancy for the project, the Applicant shall execute the Town's standard snowmelt maintenance agreement. The Town will be responsible for the maintenance and operation of the sidewalk and snowmelt system that is west of the Property, and prior to issuance of the first certificate of occupancy for the project, the Applicant shall execute the Town's standard snowmelt operations reimbursement agreement for that portion of the sidewalk and snowmelt system. e. Prior to issuance of the first building permit for the project, the Applicant shall pay the Traffic Mitigation Fees for the net new increase in development traffic, which has been calculated at 17.73 PM Peak Hour trips, after taking a multi -modal reduction and excluding the EHUs. The Traffic Mitigation Fees shall be $11,200 per net new PM Peak Hour trip, which results in a total fee of $198,576. f. Prior to issuance of the first building permit for the project, the Applicant shall provide a construction staging plan and parking plan to demonstrate that the construction will not impact public parking or adjacent properties. g. Within 90 days after the issuance of the first building permit for the project, the Applicant shall engage the Town's Art in Public Places Board on the determination of an acceptable public art installation. The minimum value of the public art installation shall be $50,000. h. Prior to the issuance of the first building permit for the project, the Applicant shall pay the recreational amenities tax as required by Section 12-9A-11 of the Vail Town Code. Prior to the issuance of the first certificate of occupancy for the project, the Applicant shall execute and record deed restrictions, in a form approved by the Town Attorney, for the EHUs. j. Prior to obtaining any building permit application for the project, the Applicant shall obtain approval from the Colorado Department of Transportation ("CDOT") for all proposed work within the CDOT right -of way, and shall submit evidence of such approval to the Town. Town of Vail Page 5 August 1, 2017 - Page 144 of 51 It is staff's recommendation that the Vail Town Council approve Ordinance No. 9, Series of 2017, upon first reading, with the revised conditions of approval and offers the following motion: I move to approve Ordinance No. 9, Series of 2017, on first reading with the conditions of approval amended as set forth in Section IV of the staff memorandum to the Town Council, dated August 1, 2017. V. BACKGROUND The subject parcel, together with the adjacent Apollo Park parcel to the east, comprised Tract D of Vail Village Fifth Filing, approved by the Eagle County Planning Commission in November of 1965, prior to the incorporation of the Town of Vail in 1966. In the mid 1970s the Apollo Park development was constructed with 89 dwelling units in four buildings. An aerial view of this development can be found on page 5 of the applicant's narrative, included as Attachment B. In 2006 the Town of Vail Design Review Board (DRB) approved the replacement of buildings C and D of the Apollo Park development with a new structure, Mountain View Residences Phase 1, and the associated parking structure. Subsequent to this approval, Tract D was split through the Minor Subdivision process into two parcels. This subdivision was recorded in 2008 with the Eagle County Clerk and Recorder. The eastern parcel contains the remaining Buildings A and B of the original Apollo Park Development, containing 40 dwelling units functioning predominately as a timeshare development, while the western parcel contains the Mountain View Residences Phase 1 structure, and the associated parking structure. VI. PLANNING AND ENVIRONMENTAL COMMISSION SUMMARY The Planning and Environmental Commission (PEC) held three (3) public hearings on this application on April 24, May 22 and June 12, 2017. At the June 12, 2017 public hearing the PEC voted 4-3 (Gillette, Perez and Rediker opposed) to recommend that the Vail Town Council approve, with conditions, the proposed SDD with the following deviations underlying High Density Multiple -Family (HDMF) District: • Setbacks: A fifteen foot (15') side setback on the east side where twenty feet (20') is required. • Building Height: An overall maximum height of 70' where the maximum for a structure with a sloped roof in the HDMF district is 48'. • Density: The maximum density of 44.5 units or 34.75 DU/acre where the maximum allowable DUs/Acre in the HDMF district is 25 DU/acre units which equates to an allowable density of 32 units on the subject parcel. • GRFA: A maximum allowable Gross Residential Floor Area (GRFA) within the SDD of 76,977 square feet or 136/100 square feet of buildable site area. The allowable GRFA in the HDMF district is 76/100 square feet of buildable site area Town of Vail Page 6 August 1, 2017 - Page 145 of 51 or 42,871 square feet of GRFA for the 56,410 square foot parcel. Phase 1 of the development utilized 42,593 square feet of GRFA, leaving only 278 square feet remaining. The proposed Phase 2 includes an additional 34,384 square feet of GRFA. • Site Coverage: A maximum allowable site coverage of 70.07% where the allowable site coverage in the HDMF district is 55%. Although the application makes a distinction between above and below grade site coverage, Ordinance No. 14, Series of 2004 amended the Vail Town Code's definition of site coverage to include both above and below ground improvements. Commissioners voting in opposition to the project cited the following: • Negative impacts to light and air on the adjacent property; • A lack of compatibility with the neighborhood; • An overall density excessive for the site; and • An architectural approach and building that does not complement the design of the surrounding area or Vail in general. The recommendation of approval, with conditions, was made on the following motion: "The Planning and Environmental Commission forwards the Vail Town Council a recommendation of approval for an application to establish Special Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 12 dwelling units with 15 attached accommodation units (lock -offs), 19 accommodation units and 10 employee housing units, located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5 and setting forth details in regard thereto." The PEC's recommendation of approval includes thirteen (13) conditions as follow: 1. Approval of Special Development District No. 42, Vail Mountain View Residences, is contingent upon the applicant obtaining Town of Vail approval of an associated design review application. Although building mass and scale and relationship to adjacent properties is largely determined through the PEC review, the DRB shall have the flexibility to require changes to the buildings articulation, building stepbacks and stepdowns that will not affect overall height but may result in changes to the building's perceived mass and scale, in order to create an architecturally unified structure, with unified site development, that is compatible with existing structures and its surroundings; 2. The applicant shall work with Town of Vail staff to increase the robustness of the proposed landscaping, including an increase in the number and size of the new plantings, prior to submittal of an application for review before the Design Review Board;; Town of Vail Page 7 August 1, 2017 - Page 146 of 51 3. Prior to submittal of a Design Review Board application, the applicant shall provide Town of Vail staff with information for review and approval concerning the proposed operation and configuration of the loading space. If it is determined by staff that the operation poses too great a conflict with the adjacent pedestrian walkway, an alternative location/operation shall be proposed for review and approval by staff; 4. Prior to the issuance of a certificate of occupancy, the applicant shall cause to be recorded with the Eagle County Clerk, in a format approved by the Town attorney, a pedestrian easement for the paved path and stairs from the South Frontage Road right-of-way to the Town of Vail recreational path; 5. Prior to issuance of any certificate of occupancy, the applicant shall construct a continuous 10' wide separated concrete sidewalk along the South Frontage Road from Vail Valley Drive to the easternmost driveway that is shared by Mountain View and Apollo Park. The walk alignment, Option A or B, shall be approved by the Town of Vail Public Works Department prior to its construction, and shall be designed in conjunction with the ongoing conceptual design of the South Frontage Road improvements in this area as a part of the Vail Transportation Master Plan Update; 6. Prior to issuance of any certificate of occupancy, the applicant shall install a snowmelt system within the above mentioned sidewalk along South Frontage Road and shall enter into the standard snowmelt agreement with the Town of Vail. The applicant shall be responsible for providing the heat source, and the on-going maintenance of the sidewalk and snowmelt system; 7. Prior to issuance of a building permit, the applicant shall update the Traffic study (March 14, 2017) and Turn lane study April 19, 2017) to include any change of units and/or density. This study shall include the net new development PM peak hour generated trips. The applicant shall implement any changes required as a result of the updated studies as approved by the Town of Vail; 8. Prior to issuance of a building permit, the applicant shall pay the Town of Vail Traffic Mitigation Fees for the net new increase in development traffic. The total fee shall be updated based on the updated traffic study. This fee was $6500 in 2005; this fee shall be appropriately increased due to construction cost inflation, and in coordination with the on-going Vail Transportation Impact Fee Study, and for this approval be set at $11,200 per net new development PM peak hour trip, based on the net new 12 Dwelling Units, 15 Lock -Offs, 10 EHU's, and 19 Accommodation Units; 9. Prior to issuance of a building permit, the applicant shall provide a construction staging plan and parking plan showing how the construction of this site will not impact town parking or adjacent properties; Town of Vail Page 8 August 1, 2017 - Page 147 of 51 10. Prior to issuance of a building permit, the applicant shall engage Art in Public Places Board on the determination of an acceptable public art installation with a minimum value of $50, 000.00; 11. Prior to the issuance of a building permit, the applicant shall pay the recreational amenities tax, as required by Section 12-9A-11 of the Vail Town Code; 12. Prior to the issuance of a certificate of occupancy, the applicant shall record deed restrictions with the Eagle County Clerk and Recorder, in a format approved by the Town Attorney, for the Type 111 Employee Housing Units; and 13. Prior to submitting any building permit application, the applicant shall submit approval from the Colorado Department of Transportation (CDOT) related to all proposed work within the CDOT right -of way. The PEC's recommendation of approval includes the following findings: 1. The SDD complies with the standards listed in Section Vlll of this memorandum, or the applicant has demonstrated that one or more of the standards is not applicable; 2. The SDD is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; 3. The SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 4. The SDD promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." VII. APPLICABLE PLANNING DOCUMENTS Please refer to Section IV of the PEC Staff Memorandum, June 12, 2017, included as Attachment C. VIII. ZONING / SDD NO. 42 ANALYSIS Address: Legal Description: Existing Zoning: Existing Land Use Designation: Mapped Geological Hazards: Town of Vail 430 and 434 South Frontage Road E Vail Village Filing 5, Lot 1, a resubdivision of Tract D High Density Multiple -Family (HDMF) District Vail Village Master Plan Steep Slopes >40% (result of prior development) Page 9 August 1, 2017 - Page 148 of 51 Standard Allowed / Required HDMF Existing (Phase 1) Proposed Phase 2*** Mountain View Phase 1 and 2*** Site Area Min. 10,000 sq. ft. 56,410 sq. ft. (1.295 acres) No Change 56,410 sq. ft. (1.295 acres) Setbacks Front — 20' Side — 20' Rear — 20' Front — 20' Side(W) — 20' Side(E) — 20' Rear — 20' Front — 20' Side(W) — 20' Side(E) — 15' Rear — 20' Front — 20' Side(W) — 20' Side(E) — 15' Rear — 20' Height Flat or Mansard Roof — 45' Sloping Roof — 48' Sloping Roof — 48' Sloping Roof — 70' Sloping Roof — 70' Density 25 DUs/ per acre of buildable site area, or 32 units on a 1.295 acre parcel. 23 DUs 17.8 DU/acre 19 AUs=9.5 DUs 12 DUs w/ lock -offs 10 EHUs Total=21.5 DUs 44.5 DUs 34.75 DU/acre GRFA* Max. 76/100 Buildable Site Area or 42,871 sq. ft. 42,593 sq. ft. 34,384 sq. ft. 76,977 sq. ft. or 136/100 Site Coverage** Max. 55% of total site area (31,026 sq. ft.) 22.35%=12,599 sq. ft. above grade 69.91%=39,424 sq. ft. including below grade 14,511 sq. ft. above grade 102 sq. ft. Below grade 48.06%=27,111 sq. ft. above grade 70.07%=39,526 sq. ft. including below grade Parking/Loading Per Chapter 10 49 Required 112 Provided 1 Loading Space Provided/Required Additional 63 Spaces 109 Required 112 Provided 1 Loading Space Provided/Required Deviation for location requested. Landscaping Min. 30% of total site area (16,923 sq. ft.) 63.62% (35,881 sq. ft.) 40.07% (22,996 sq. ft.) Site in Total) 40.07% (22,996 sq. ft.) ** Town of Vail Although the EHUs total 10,574 square feet in size, they do not count towards GRFA. The existing site coverage became nonconforming with the subdivision of the property in 2008 Page 10 August 1, 2017 - Page 149 of 51 IX. SURROUNDING LAND USES AND ZONING Existing Land Use North: 1-70 ROW East: High Density Residential South: Gore Creek Streamtract West: High Density Residential Zoning District None High Density Multiple -Family (HDMF) District Natural Area Preservation (NAP) High Density Multiple -Family (HDMF) District X. SPECIAL DEVELOPMENT DISTRICT DESIGN CRITERIA Before acting on a special development district application, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the proposed special development district. 1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Each series of revisions have brought the proposal more in line with the character of the neighborhood and Vail in general. The mass, scale, and bulk of the structure is larger than that of the surrounding structures; however, the newly proposed architectural treatments such as a variety of roof forms and increased horizontal and vertical articulation serve to visually break up the mass, bulk, and scale of the building and help make the design more compatible with Phase 1. Please see the revised north elevation (Attachment D), indicative but not fully representative of, the anticipated changes to the building through the Development Review Board process. It is believed that the applicant still prefers to differentiate the southern elevation from the north significantly. The proposed building material and color palettes may be consistent with the identity and character of Vail as a mountain community. Staff finds that the change in architectural approach, as signified by the revised north elevation, is a significant improvement from the previous plan. The subject property is located on a development site in the HDMF zone district, which allows for a maximum 48 foot building height. Many of the Town's taller buildings are located along the frontage road, which buffer surrounding area from the noise and aesthetics of the highway. Though the proposed building height is greater than those in the surrounding area, the applicant has demonstrated that the height is consistent, in general, with the recommended heights of the Vail Village Master Plan and is necessary to meet the development objectives of the town. Staff finds the proposal, as conditioned, meets this criterion. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Town of Vail Page 11 August 1, 2017 - Page 150 of 51 The proposed mix of uses, including EHUs, DUs, AUs and AAUs, is an appropriate program for this location. Located along the frontage road on the periphery of Vail Village, the site allows the density and related height necessary to meet the development objectives of the applicant and the town. Although the proposed building is significantly taller than the adjacent Tyrolean, the building's mass steps down on the west side in acknowledgment of its shorter neighboring building. The applicant professes that it would not be appropriate to lower the building further as the Tyrolean Condominium Building is not developed to its potential, under existing zoning. As conditioned, staff has proposed that the Design Review Board be given the flexibility to require changes to the buildings articulation, building stepbacks and stepdowns that will not affect overall height but may result in minor changes to the building's perceived mass and scale. The proposed project is primarily residential in nature, similar to surrounding uses which are also residential, including Apollo Park and the Tyrolean. It is not anticipated that there will be any adverse impacts resulting from the operation of the project. Staff finds that the proposal, as conditioned, meets this criterion. 3. Parking and Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. The parking dimensions and number of parking spaces provided comply with Vail Town Code. Staff has concerns about the utility of the proposed loading space and its possible conflict with the pedestrian path. Staff has a recommended condition of approval to address this concern. Staff finds the proposal, as conditioned, meets this criterion. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. Staff has reviewed the Vail Comprehensive Plan and found the following documents and associated goals, objectives, statements applicable to this proposal: Vail Land Use Plan (in part) 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. Town of Vail Page 12 August 1, 2017 - Page 151 of 51 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 3.1 The hotel bed base should be preserved and used more efficiently. 3.3 Hotels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Vail 20/20 Strategic Action Plan (in part) Land Use and Development: Goal #4: Provide for enough deed -restricted housing for at least 30 percent of the workforce through policies, regulations and public initiated development. Housing: Goal: The Town of Vail recognizes the need for housing as infrastructure that promotes community, reduces transit needs and keeps more employees living in the town, and will provide for enough deed -restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. Actions / Strategies: • Research parking requirements for employee housing and consider reducing requirements for employee housing developments. • Expand the number of employee beds in the Town of Vail. Town of Vail Page 13 August 1, 2017 - Page 152 of 51 o Consider increasing incentives in performance zoning for property owners who build EHUs. Vail Economic Development Strategic Plan (in part) Policies: Goal #4: Provide support for a quality workforce delivering world-class service to positively impact Vail's economy. Objective 4.1: Work with the business community, Eagle County and other municipalities to address future workforce housing needs. Objective 4.3: Work with the business community and Eagle County to address parking and transportation issues for workers and guests. Chapter VII. Evaluation and Analysis, Weaknesses: Inefficient Facilities: Older lodging accommodations Vail Housing 2027 (in part) Mission: We create, provide, and retain high quality, affordable, and diverse housing opportunities for Vail residents to support a sustainable year round economy and build a vibrant, inclusive and resilient community. We do this through acquiring deed restrictions on homes so that our residents have a place to live in Vail. Policy Statement: We acknowledge that the acquisition of deed restrictions on homes for Vail residents is critical to maintaining community. Therefore, we ensure an adequate supply and availability of homes for residents and recognize housing as infrastructure in the Town of Vail; a community support system not unlike roads, bridges, water and sewer systems, fire, police, and other services of the municipal government. Ten Year Goal: The Town of Vail will acquire 1,000 additional resident housing unit deed restrictions by the year 2027. These new deed restrictions will be acquired for both existing homes as well as for homes that are newly constructed by both the Town of Vail and private sector developers. Town of Vail Page 14 August 1, 2017 - Page 153 of 51 The proposed development of EHUs realizes several community goals, especially the Vail Housing 2027 Ten Year Goal of acquiring 1,000 deed restrictions. It is important to note that the requirements of inclusionary zoning and commercial linkage are not enough to close the gap in the employee housing deficit in Vail. The proposal to add 10 Type III deed -restricted EHUs will make a contribution toward the goals of providing workforce housing in the town. The significance of providing local workforce housing is critical to reduce the number of employees driving to and parking in town. By doing so, numerous policies of the Vail Economic Development Strategic Plan are realized, such as Goal Number 4, "Provide support for a quality workforce delivering world-class service to positively impact Vail's economy." The proposal specifically addresses Goals 1.1, 1.12, 3.3, 5.4, and 5.5 in the Vail Land Use Plan in that they speak to the importance of infill redevelopment and meeting visitor and employee lodging and housing demands. The proposal also speaks to the Vail 20/20 Strategic Action Plan's statement that the Town recognizes the need for housing as infrastructure that promotes community, reduces transit needs and keeps more employees living in the town. The proposal is representative of a rare infill -development opportunity in Vail that will accommodate a mix of desirable uses consistent with the development objectives of the town. Staff finds that the proposal meets this criterion. 5. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. No natural or geologic hazards are present on the subject site. Staff finds that the proposal meets this criterion. 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The proposed revisions to the architectural approach contribute positively to the development. While open space is minimal, the applicant has attempted to provide appropriate landscaping. The applicant has provided a high quality design in regards to the site plan and building appearance and has attempted to balance elements such as open space and landscaping with other important community goals that would help improve the overall quality of the community. Staff finds the proposal meets this criterion. Town of Vail Page 15 August 1, 2017 - Page 154 of 51 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. The provided Traffic Impact Analysis has determined that the existing access point is suitable with no modifications required to serve the development. There are concerns related to how the project interfaces with the anticipated future South Frontage Road alignment. The adopted traffic plan indicates a four -lane road configuration to accommodate the possibility of increased parking availability at Ford Park via a structure or other means. The Public Works Department has worked with the applicant on a possible alternative to this configuration which would be a roundabout at the intersection of Vail Valley Drive and South Frontage Road. As a result, two options, Options A and B, have been prepared related to a necessary relocation of the sidewalk. Option A is predicated on the roundabout and requires a minor encroachment on the property for the relocation of the sidewalk. Option B is based on a four -lane configuration with no rotary and results in greater impacts to the property. At this time, it appears that Option A will not be feasible due to sight distance constraints. Although the applicant has indicated their unwillingness to accommodate Option B because of its site impacts, staff believes the design, construction and associated easement are reasonable and necessary for the project to move forward and has recommended a condition of approval in this regard. Further, as this is a proposed Special Development District with significant deviations to GRFA and height, the applicant should construct the appropriate sidewalk from Vail Valley Drive to the Apollo Park access drive which will accommodate future conditions and significantly improve snow storage in the interim. Staff believes that this sidewalk should be snowmelted as a result of building shading but proposes to offset the energy usage through the purchase of energy credits through a program such as the Renewable Energy Management Program. The applicant has indicated their acceptance of this approach. Staff finds the proposal, as conditioned, meets this criterion. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. The location of the existing garage and the minimum setbacks proposed limit the area remaining for landscaping. The Vail Village Master Plan has identified the area between the proposed structure and South Frontage Road for robust landscaping. As conditioned, the continued evolution of the landscape plan is encouraged with input and assistance from Town of Vail staff and the Design Review Board. Staff finds the proposal, as conditioned, meets this criterion. Town of Vail Page 16 August 1, 2017 - Page 155 of 51 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The proposal is intended to be constructed in one phase. Staging for any construction related activity will be reviewed by staff to ensure impacts to public rights-of-way and adjacent properties are minimized. It is anticipated that the use of the South Frontage Road right-of-way may be necessary. This right-of-way is controlled by the Colorado Department of Transportation (CDOT) and will require all appropriate review and permits from CDOT prior to the start of construction. Staff finds the proposal meets this criterion. XI. ATTACHMENTS A. Vicinity Map B. Draft Ordinance No. 9, Series of 2017 (SDD No. 42, Vail Mountain View Residences) C. PEC Staff Memorandum, June 12, 2017, without attachments. D. Revised Project Narrative, May 31, 2017 E. Revised Plan Set, May 31, 2017 F. Alternative North Elevations, June 5, 2017 G. Vail Village Master Plan (in part) H. Correspondence received to date I. Minutes from the June 12, 2017 PEC public hearing Town of Vail Page 17 August 1, 2017 - Page 156 of 51 Mountain View Residences on Gore Creek 434 S Frontage Road E Lot 1, a Resubdivision of Tract D, Vail Village Filing 5 e 0 25 50 I Feet 100 This map was created by the Town of Vail Community Development Department. Use of this map should be for general purposes only. The Town of Vail does not warrant the accuracy of the Information contained herein. (where shown, parcel line work is approximate) August 1, 2017 - Page 157 of 514 Last Modified: April 17, 2017 TOWN OF VAIL ORDINANCE NO. 9 SERIES 2017 AN ORDINANCE ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 42, VAIL MOUNTAIN VIEW RESIDENCES, PURSUANT TO ARTICLE A, CHAPTER 9, TITLE 12 OF THE VAIL TOWN CODE WHEREAS, Article A, Chapter 9, Title 12 of the Vail Town Code outlines the procedure for establishing a special development district ("SDD"); WHEREAS, Lunar Vail LLC, represented by Mauriello Planning Group (the "Applicant"), is the owner of the property legally described as Vail Village Filing 5, Lot 1, a resubdivision of Tract D (the "Property"); WHEREAS, on March 27, 2017, the Applicant submitted an application to the Town to establish SDD No. 42, Vail Mountain View Residences, on to facilitate the development of a mixed-use project including deed restricted employee housing units, accommodation units, dwelling units and attached accommodation units (the "Application"); WHEREAS, on April 24, 2017, the Planning and Environmental Commission (the "PEC") opened a properly -noticed public hearing on the Application and continued that public hearing to May 22, 2017; WHEREAS, on May 22, 2017, the Planning and Environmental Commission (the "PEC") opened the continued public hearing on the Application and continued that public hearing to June 12, 2017; WHEREAS, on June 12, 2017, the Planning and Environmental Commission (the "PEC") opened the continued public hearing on the Application; WHEREAS, upon due consideration, the PEC found that the request complies with the criteria set forth in Chapter 9, Title 12 of the Vail Town Code; WHEREAS, the PEC forwarded to the Town Council a recommendation of approval of the Application, with conditions, by a vote of 4-3-0; and WHEREAS, after considering the PEC's recommendation, the staff report and public comment presented at the public hearing, the Vail Town Council wishes to approve the Application, subject to certain conditions as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Findings. The Town Council hereby finds and determines as follows: August 1, 2017 - Page 158 of 51 a. The Application complies with the standards set forth in Section 12 -9A - 8.A. of the Vail Town Code; b. The Application is consistent with the adopted goals, objectives and policies outlined in the Comprehensive Plan and compatible with the development objectives of the Town; c. The Application is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and d. The Application promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Section 2. District Established. Based on the foregoing findings, Special Development District No. 42, Vail Mountain View Residences ("SDD No. 42"), is hereby established, and shall be reflected as such on the Town's Official Zoning Map. The underlying zoning for the Property is High Density Multiple -Family ("HDMF"). Section 3. Development Plan. a. The following plan sheets prepared by 359 Design, entitled "Vail Mountain View Residence Development Plan Set" and dated June 29, 2017 shall constitute the Development Plan for SDD No. 42: Sheet #: Title: A0.0 COVER C1.01A GRADING - A C1.02 PLAN - UTILITY C1.03 DETAILS C1.04 FIRE STAGING & LADDER TRUCK SIMULATION PLAN L1.1 LANDSCAPE PLAN A1.00 PLAN -ARCHITECTURAL SITE A2.0.01 GARAGE LEVEL 1 A2.0.02 GARAGE LEVEL 2 A2.0.03 GARAGE LEVEL 3 A2.01 OVERALL LEVEL 1 (8226'-0") A2.02 OVERALL LEVEL 2 (8236'-6") A2.03 OVERALL LEVEL 3 (8247'-0") A2.04 OVERALL LEVEL 4 ((8258'-0") A2.05 OVERALL DORMER LEVEL (8269'-0") A2.06 GRFA PLANS - Garage A2.07 GRFA PLANS- Building A2.08 GRFA PLANS - Building 2 7/25/2017 IITSCLIENTISICOMMUNITYDEVELOPMENTIBOARDSITOWN COUNCILIORDINANCESI171ORDINANCE NO. 9 SERIES OF 2017, SDD NO. 42 VAIL MOUNTAIN VIEW RESIDENCES (DRAFT).DOCX August 1, 2017 - Page 159 of 51 A2.10 A2.10B A2.11 A2.12 A2.13 A4.00 A4.02 A4.03 A4.04 A4.05 SITE COVERAGE SITE COVERAGE LANDSCAPE COVERAGE ROOF HEIGHT HISTORIC GRADE MAP 3D MASSING OVERALL BUILDING ELEVATIONS OVERALL BUILDING ELEVATIONS OVERALL BUILDING ELEVATIONS OVERALL BUILDING ELEVATIONS b. The Town Council finds that the Development Plan for SDD No. 42 complies with each of the requirements set forth in Sections 12-9A-5 and 12-9A-6 of the Vail Town Code, and hereby approves the Development Plan, subject to all other provisions of this Ordinance. Section 4. Development Standards. The development standards for SDD No. 42 are as follows: a. Uses: The permitted, conditional, and accessory uses allowed in SDD No. 42 shall be the same as the permitted, conditional and accessory uses in the HDMF District. b. Lot Area: The minimum lot area for SDD No. 42 shall be 56,410 square feet (1.295 acres). c. Setbacks: The minimum setbacks for SDD No. 42 shall be those setbacks shown on the Development Plan approved in Section 3 hereof. d. Height: The maximum allowable building height for SDD No. 42 shall be as indicated on the Development Plan approved in Section 3 hereof. e. Density: The maximum allowable gross residential floor area ("GRFA") for SDD No. 42 shall be 76,977 square feet. The maximum allowable unit count shall be 25 for -sale dwelling units (DUs), 10 Type -III deed -restricted employee housing units (EHUs), 15 attached accommodation units (AAUs) and 19 accommodation units. f. Site Coverage: The maximum allowable site coverage for SDD No. 42 shall be 71 % or 39,526 square feet of the total lot area. g. Landscaping and Site Development: At least 30% of the total site area for SDD No. 42 shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be 15', with a minimum area of 300 square feet. The landscaping plan and site development shall be as shown on the Development Plan approved in Section 3 hereof. 3 7/25/2017 IITSCLIENTISICOMMUNITY DEVELOPMENTBOARDSITOWN COUNCILIORDINANCESI171ORDINANCE NO. 9 SERIES OF 2017, SDD NO. 42 VAIL MOUNTAIN VIEW RESIDENCES (DRAFT).DOCX August 1, 2017 - Page 160 of 51 h. Parking and Loading: Off-street parking and loading shall be provided in accordance with Title 12, Chapter 10 of the Vail Town Code. At least seventy-five percent (75%) of the required parking shall be located within the main building or buildings and hidden from public view. No at grade or above grade surface parking or loading shall be located in any required front setback area. The minimum number of loading berths shall be one (1) as indicated on the Vail Mountain View Residences Approved Development Plan, described in Section 2 herein. Section 5. Conditions of Approval. The approval of SDD No. 42 is expressly contingent upon the Applicant's satisfaction of all of the following conditions: a. Approval of an associated Design Review Board ("DRB") application. Although building mass and scale and relationship to adjacent properties is largely determined through the PEC review, the DRB shall have the flexibility to require changes to building articulations, step -backs and step-downs that will not affect overall height but may result in changes to the perceived mass and scale, to create an architecturally unified site development that is compatible with existing structures and surroundings. b. Prior to submittal of the DRB application, the Applicant shall work with Town staff to increase the number and size of the new landscape plantings. c. Prior to submittal of the DRB application, the Applicant shall provide Town additional information concerning the proposed operation and configuration of the loading space, and if Town staff determines that the loading space will conflict with the adjacent pedestrian walkway, the Applicant shall propose an alternative location. d. Prior to the issuance of the first certificate of occupancy for the project, the Applicant shall execute and record, in a format approved by the Town Attorney, a pedestrian easement for the paved path and stairs from the South Frontage Road right- of-way to the Town's recreational path. e. Prior to issuance of the first certificate of occupancy for the project, the Applicant shall construct a continuous 10' -wide separated concrete sidewalk along the South Frontage Road from Vail Valley Drive to the easternmost driveway that is shared by Mountain View and Apollo Park. The alignment (Option A or B), shall be approved by the Town prior to construction, and the sidewalk shall be designed in conjunction with the ongoing conceptual design of the South Frontage Road improvements in this area. The sidewalk shall include a snowmelt system and the Applicant shall execute the Town's standard snowmelt agreement, which makes the Applicant responsible for providing the heat source and the ongoing maintenance of the sidewalk and snowmelt system. f. Prior to issuance of the first building permit for the project, the Applicant shall update the Traffic Study dated March 14, 2017 and the Turn Lane Study dated April 19, 2017 to address any change in the number of units or density, including the net 4 7/25/2017 IITSCLIENTISICOMMUNITY DEVELOPMENTBOARDSITOWN COUNCILIORDINANCESI171ORDINANCE NO. 9 SERIES OF 2017, SDD NO. 42 VAIL MOUNTAIN VIEW RESIDENCES (DRAFT).DOCX August 1, 2017 - Page 161 of 51 new PM peak hour generated trips, and shall implement any changes required by the updated studies. g. Prior to issuance of the first building permit for the project, the Applicant shall pay the Traffic Mitigation Fees for the net new increase in development traffic, based on the updated Traffic Study. The Traffic Mitigation Fees shall be $11,200 per net new development PM peak hour trip. h. Prior to issuance of the first building permit for the project, the Applicant shall provide a construction staging plan and parking plan to demonstrate that the construction will not impact parking or adjacent properties. Prior to issuance of the first building permit for the project, the Applicant shall engage the Town's Art in Public Places Board on the determination of an acceptable public art installation. The minimum value of the public art installation shall be $50,000. j. Prior to the issuance of the first building permit for the project, the Applicant shall pay the recreational amenities tax as required by Section 12-9A-11 of the Vail Town Code. k. Prior to the issuance of the first certificate of occupancy for the project, the Applicant shall execute and record deed restrictions, in a format approved by the Town Attorney, for the EHUs Prior to submitting any building permit application for the project, the Applicant shall obtain approval from the Colorado Department of Transportation ("CDOT") for all proposed work within the CDOT right -of way, and shall submit evidence of such approval to the Town. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. 5 7/25/2017 IITSCLIENTISICOMMUNITY DEVELOPMENTBOARDSITOWN COUNCILIORDINANCESI171ORDINANCE NO. 9 SERIES OF 2017, SDD NO. 42 VAIL MOUNTAIN VIEW RESIDENCES (DRAFT).DOCX August 1, 2017 - Page 162 of 51 6 7/25/2017 IITSCLIENTISICOMMUNITY DEVELOPMENTBOARDSITOWN C0UNCIL\ORDINANCESI1710RDINANCE NO. 9 SERIES OF 2017, SDD NO. 42 VAIL MOUNTAIN VIEW RESIDENCES (DRAFT).DOCX August 1, 2017 - Page 163 of 51 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1st day of July, 2017 and a public hearing for second reading of this Ordinance set for the 14th day of August, 2017, at 6:00 PM in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 14th day of August, 2017. ATTEST: Patty McKenny, Town Clerk 7 Dave Chapin, Mayor 7/25/2017 IITSCLIENTISICOMMUNITY DEVELOPMENTBOARDSITOWN COUNCILIORDINANCESI171ORDINANCE NO. 9 SERIES OF 2017, SDD NO. 42 VAIL MOUNTAIN VIEW RESIDENCES (DRAFT).DOCX August 1, 2017 - Page 164 of 51 TOWN OF VAIL Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 12, 2017 SUBJECT: A request for a recommendation to the Vail Town Council on an application to establish Special Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 12 dwelling units with 15 attached accommodation units (lock -offs), 19 accommodation units and 10 employee housing units, located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5 and setting forth details in regard thereto. (PEC17-0006) Applicant: Lunar Vail LLC, represented by Mauriello Planning Group Planner: Jonathan Spence I. SUMMARY The applicant, Lunar Vail LLC, represented by Mauriello Planning Group, is requesting a recommendation to the Vail Town Council to establish Special Development District No. 42, pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 12 dwelling units with 7 attached accommodation units (lock -offs), 19 accommodation units and 10 employee housing units (EHUs), located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5. This item was first heard by the Planning and Environmental Commission (PEC) on April 24, 2017. In order to allow the applicant time to respond to questions and comments from the Commissioners and public the item was continued to the May 22, 2017 meeting. At the May 22, 2017 meeting, the PEC and members of the public provided additional comments on the proposal. The comments were generally related to the following topics: • Neighborhood Compatibility in regards to Building Height, Bulk, and Mass • Building Articulation • Proposed Public Benefit • Relationship with existing Phase 1 August 1, 2017 - Page 165 of 51 • Landscaping • Location of Loading Space The applicant is requesting a final recommendation from the PEC to the Town Council at this meeting. The PEC may recommend the Town Council approve, approve with modifications, or deny the applicant's request. The PEC may also table the item to a future meeting to request additional information or resolution of an identified concern. Per Section 12-9A-1, Vail Town Code, the purpose of a Special Development District (SDD) is: To encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail comprehensive plan. The PEC shall review the proposed application and plans, and evaluate the merits of the proposed SDD based on the criteria in Section VIII of this memo, the impact of the proposal, and the public benefits in regards to furthering overall goals of the community. Based upon staff's review of the revised plans and the criteria outlined in Section VIII and Section IX of this memorandum and the evidence and testimony presented, the Community Development Department recommends the PEC forward a recommendation of approval, with conditions, of this application subject to the findings in Section X of this memorandum. However, it should be noted that staff has made findings on many of the criteria based on the recommended conditions. Please refer to the introductory paragraph in Section VIII, Special Development District Design Criteria, for an additional discussion on this approach. II. DESCRIPTION OF REQUEST The applicant, Lunar Vail, represented by Mauriello Planning Group, is requesting a recommendation to the Vail Town Council to establish Special Development District No. 42, pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 12 dwelling units with 15 attached accommodation units (lock -offs), 19 accommodation units and 10 employee housing units, located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5. A vicinity map (Attachment A), the revised project narrative (Attachment B), plan set (Attachment C), alternative elevations (Attachment D) relevant selections from the Vail Village Master Plan (Attachment E), and public comments (Attachment F) are attached for review.. The project is composed of the following components: Town of Vail Page 2 August 1, 2017 - Page 166 of 51 Employee Housing Units (EHUs) The proposed ten (10) EHUs will be deed -restricted rental units, limited to residents working at least thirty (30) hours per week in Eagle County. The proposed EHUs range in size from approximately 384 square feet to 1,199 square feet and include eight (8) two-bedroom units, one (1) one -bedroom unit and one (1) studio. The EHUs are located on the first and second floors above the parking garage in the proposed structure. The total floor area of the ten (10) units totals 10,574 square feet. EHUs, per the Vail Town Code, are not considered Gross Residential Floor Area (GRFA) and are thus not deducted from a development's available GRFA. In addition, EHUs do not contribute to the calculation of dwelling units for purposes of calculating allowable units per acre. Accommodation Units The applicant is proposing nineteen (19) accommodation units also located on the first and second floor of the proposed structure. The units range in size from 363 square feet to 431 square feet. The total GRFA for the nineteen (19) accommodation units is 7,263 square feet. The accommodation units, in the HDMF district, are counted as one-half (1/2) of a dwelling unit for purposes of calculating allowable units per acre. Dwelling Units The applicant is proposing twelve (12) for sale dwelling units to be located on the third, fourth and fifth (dormer) floors of the structure. These units range in size from 1,197 square feet to 2,827 square feet, exclusive of the Attached Accommodation Units. The units proposed are a mixture of 2, 3 and 4 bedroom layouts. The total proposed GRFA of the dwelling units is 21,982 square feet. Attached Accommodation Units (Lock Offs) The applicant is proposing fifteen (15) Attached Accommodation Units or lock -offs attached to eleven (11) of the dwelling units. These units may be rented separately and have direct access from common areas without necessitating passing through a dwelling unit. These units range in size from 238 square feet to 512 square feet and are located on the third and fourth levels of the proposed structure. The total proposed GRFA for the Attached Accommodation Units is 5,139 square feet. Attached accommodation units do not contribute to the calculation of dwelling units for purposes of calculating allowable units per acre. Existing Parking As part of Phase 1 of the Mountain View Residences, discussed in greater detail in the background section below, a 112 space parking structure was built in 2006 along the northern portion of the property. This three level structure, located predominately below grade, provides required parking for the 23 dwelling units located in the Mountain View Residences Phase 1 building and the required parking for the proposed Phase 2 building. No additional parking is proposed. Town of Vail Page 3 August 1, 2017 - Page 167 of 51 Proposed Deviations Through the Special Development District process, the applicant is requesting deviations from the following required dimensional standards of the underlying High Density Multiple -Family (HDMF) District: • Setbacks: The applicant proposes a fifteen foot (15') side setback on the east side where twenty feet (20') is required. • Building Height: The applicant is proposing an overall maximum height of 70' where the maximum for a structure with a sloped roof in the HDMF district is 48'. • Density: The maximum density in DUs/Acre in the HDMF district is 25 units which equates to an allowable density of 32 units on the subject parcel. The applicant is proposing 44.5 units or 34.75 DU/acre, 138% of the allowable. • GRFA: The allowable GRFA in the HDMF district is 76/100 square feet of buildable site area or 42,871 square feet of GRFA for the 56,410 square foot parcel. Phase 1 of the development utilized 42,593 square feet of GRFA, leaving only 278 square feet remaining. The proposed Phase 2 includes an additional 34,384 square feet of GRFA for a total of 76,977 square feet of GRFA for the parcel or 180% of the allowable. • Site Coverage: The applicant is proposing site coverage of 70.07% where the maximum allowable is 55%. Although the application makes a distinction between above and below grade site coverage, Ordinance No. 14, Series of 2004 amended the Vail Town Code's definition of site coverage to include both above and below ground improvements. • Loading Berth Location: The required loading berth has now been relocated to near the entrance to the underground garage. The space, while meeting dimensional requirements, encroaches slightly onto the adjacent pedestrian path. III. BACKGROUND The subject parcel, together with the adjacent Apollo Park parcel to the east, comprised Tract D of Vail Village Fifth Filing, approved by the Eagle County Planning Commission in November of 1965, prior to the incorporation of the Town of Vail in 1966. In the mid 1970s the Apollo Park development was constructed with 89 dwelling units in four buildings. An aerial view of this development can be found on page 5 of the applicant's narrative, included as Attachment B. In 2006 the Town of Vail Design Review Board (DRB) approved the replacement of buildings C and D of the Apollo Park development with a new structure, Mountain View Residences Phase 1, and the associated parking structure. Subsequent to this approval, Tract D was split through the Minor Subdivision process into two parcels. This subdivision was recorded in 2008 with the Eagle County Clerk and Recorder. The eastern parcel contains the remaining Buildings A and B of the Town of Vail Page 4 August 1, 2017 - Page 168 of 51 original Apollo Park Development, containing 40 dwelling units functioning predominately as a timeshare development, while the western parcel contains the Mountain View Residences Phase 1 structure, and the associated parking structure. IV. APPLICABLE PLANNING DOCUMENTS Staff finds that the following provisions of the Vail Town Code are relevant to the review of this proposal. Please see Attachment E for relevant excerpts from the Vail Village Master Plan. Title 12 - Zoning Regulations, Vail Town Code Chapter 1- Title, Purpose, and Applicability (in part) 12-1-2: PURPOSE: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. 8. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. Town of Vail Page 5 August 1, 2017 - Page 169 of 51 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. Chapter 6, Article H, High Density Multiple -Family (HDMF) District 12-6H-1: PURPOSE: The high density multiple -family district is intended to provide sites for multiple -family dwellings at densities to a maximum of twenty five (25) dwelling units per acre, together with such public and semipublic facilities and lodges, private recreation facilities and related visitor oriented uses as may appropriately be located in the same zone district. The high density multiple -family district is intended to ensure adequate light, air, open space, and other amenities commensurate with high density apartment, condominium and lodge uses, and to maintain the desirable residential and resort qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and vacation community and, where permitted, are intended to blend harmoniously with the residential character of the zone district. (Ord. 29(2005) § 23: Ord. 37(1980) § 6: Ord. 30(1977) § 6: Ord. 8(1973) § 6.100) 12-6H-2: PERMITTED USES: The following uses shall be permitted in the HDMF district: Employee housing units, as further regulated by chapter 13 of this title. Lodges, including accessory eating, drinking, recreational or retail establishments, located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area (GRFA) of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. Multiple -family residential dwellings, including attached or row dwellings and condominium dwellings. (Ord. 1(2008) § 9) 12-6H-3: CONDITIONAL USES: The following conditional uses shall be permitted in the HDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Town of Vail Page 6 August 1, 2017 - Page 170 of 51 Bed and breakfasts, as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities, as further regulated by section 12-14-12 of this title. Private clubs and civic, cultural and fraternal organizations. Private parking structures. Private unstructured parking. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public parking structures. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. Ski lifts and tows. Timeshare units. (Ord. 2(2016) § 6: Ord. 12(2008) § 9) 12-6H-4: ACCESSORY USES: The following accessory uses shall be permitted in the HDMF district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming pools, or recreation facilities customarily incidental to permitted residential and lodge uses. Town of Vail Page 7 August 1, 2017 - Page 171 of 51 Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. (Ord. 29(2005) § 23: Ord. 8(1973) § 6.400) 12-6H-5: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be ten thousand (10, 000) square feet of buildable area, and each site shall have a minimum frontage of thirty feet (30). Each site shall be of a size and shape capable of enclosing a square area eighty feet (80') on each side within its boundaries. (Ord. 12(1978) § 3) 12-6H-6: SETBACKS: The minimum front setback shall be twenty feet (20), the minimum side setback shall be twenty feet (20), and the minimum rear setback shall be twenty feet (20). (Ord. 50(1978) § 2) 12-6H-7: HEIGHT: For a flat roof or mansard roof, the height of buildings shall not exceed forty five feet (45). For a sloping roof, the height of buildings shall not exceed forty eight feet (48). (Ord. 37(1980) § 2) 12-6H-8: DENSITY CONTROL: Not more than seventy six (76) square feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet of buildable site area. Total density shall not exceed twenty five (25) dwelling units per acre of buildable site area. Each accommodation unit shall be counted as one-half (1/2) of a dwelling unit for purposes of calculating allowable units per acre. A dwelling unit in a multiple -family building may include one attached accommodation unit no larger than one-third (1/3) of the total floor area of the dwelling. (Ord. 14(2004) § 9: Ord. 31(2001) §§ 3, 5: Ord. 50(1978) § 19: Ord. 12(1977) § 2) 12-6H-9: SITE COVERAGE: Site coverage shall not exceed fifty five percent (55%) of the total site area. (Ord. 17(1991) § 6: Ord. 8(1973) § 6.507) 12-6H-10: LANDSCAPING AND SITE DEVELOPMENT: At least thirty percent (30%) of the total site area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet (15) with a minimum area not less than three hundred (300) square feet. (Ord. 19(1976) § 7: Ord. 8(1973) § 6.509) Town of Vail Page 8 August 1, 2017 - Page 172 of 51 12-6H-11: PARKING AND LOADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. At least seventy five percent (75%) of the required parking shall be located within the main building or buildings and hidden from public view or shall be completely hidden from public view from adjoining properties within a landscaped berm. No parking shall be located in any required front setback area. (Ord. 19(1976) § 7: Ord. 8(1973) § 6.510) Chapter 9 — Special and Miscellaneous Districts (in part) 12-9A-1: PURPOSE AND APPLICABILITY: A. Purpose: The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail comprehensive plan. An approved development plan for a special development district, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the special development district. 12-9A-4: DEVELOPMENT REVIEW PROCEDURES: A. Approval of Plan Required: Prior to site preparation, building construction, or other improvements to land within a special development district, there shall be an approved development plan for said district. The approved development plan shall establish requirements regulating development, uses and activity within a special development district. B. Preapplication Conference: Prior to submittal of a formal application for a special development district, the applicant shall hold a preapplication conference with the department of community development. The purpose of this meeting shall be to discuss the goals of the proposed special development district, the relationship of the proposal to applicable elements of the town's comprehensive plan, and the review procedure that will be followed for the application. C. PEC Conducts Initial Review: The initial review of a proposed special development district shall be held by the planning and environmental commission at a regularly scheduled meeting. Prior to this meeting, and at the discretion of the administrator, a work session may be held with the applicant, staff and the planning and environmental commission to discuss special development district. A report of the department of community development staff's findings and recommendations shall be made at the initial formal hearing before the planning and environmental commission. Within twenty (20) days of the closing of a public hearing on a Town of Vail Page 9 August 1, 2017 - Page 173 of 51 proposed amendment, the planning and environmental commission shall act on the petition or proposal. The commission may recommend approval of the petition or proposal as initiated, may recommend approval with such modifications as it deems necessary to accomplish the purposes of this title, or may recommend denial of the petition or rejection of the proposal. The commission shall transmit its recommendation, together with a report on the public hearing and its deliberations and findings, to the town council. D. Town Council Review: A report of the planning and environmental commission stating its findings and recommendations, and the staff report shall then be transmitted to the town council. Upon receipt of the report and recommendation of the planning and environmental commission, the town council shall set a date for hearing within the following thirty (30) days. Within twenty (20) days of the closing of a public hearing on a proposed SDD, the town council shall act on the petition or proposal. The town council shall consider but shall not be bound by the recommendation of the planning and environmental commission. The town council may cause an ordinance to be introduced to create or amend a special development district, either in accordance with the recommendation of the planning and environmental commission or in modified form, or the council may deny the petition. If the council elects to proceed with an ordinance adopting an SDD, the ordinance shall be considered as prescribed by the Vail town charter. 12-9A-6: DEVELOPMENT PLAN: An approved development plan is the principal document in guiding the development, uses and activities of special development districts. A development plan shall be approved by ordinance by the town council in conjunction with the review and approval of any special development district. The development plan shall be comprised of materials submitted in accordance with section 12-9A-5 of this article. The development plan shall contain all relevant material and information necessary to establish the parameters with which the special development district shall develop. The development plan may consist of, but not be limited to, the approved site plan, floor plans, building sections and elevations, vicinity plan, parking plan, preliminary open space/landscape plan, densities and permitted, conditional and accessory uses. 12-9A-9: DEVELOPMENT STANDARDS: Development standards including lot area, site dimensions, setbacks, height, density control, site coverage, landscaping and parking shall be determined by the town council as part of the approved development plan with consideration of the recommendations of the planning and environmental commission. Before the town council approves development standards that deviate from the underlying zone district, it should be determined that such deviation provides benefits to the town that outweigh the adverse effects of such deviation. This determination is to be made based on evaluation of the proposed special development district's compliance with the design criteria outlined in section 12-9A-8 of this article. Town of Vail Page 10 August 1, 2017 - Page 174 of 51 12-9A-11: RECREATION AMENITIES TAX: A recreation amenities tax shall be assessed on all special development districts in accordance with title 2, chapter 5 of this code at a rate to be determined by the town council. This rate shall be based on the rate of the underlying zone district or the rate which most closely resembles the density plan for the zone district, whichever is greater. V. ZONING / SDD NO. 42 ANALYSIS Address: Legal Description: Existing Zoning: Existing Land Use Designation: Mapped Geological Hazards: 430 and 434 South Frontage Road E Vail Village Filing 5, Lot 1, a resubdivision of Tract D High Density Multiple -Family (HDMF) District Vail Village Master Plan Steep Slopes >40% (result of prior development) Standard Allowed / Required HDMF Existing (Phase 1) Proposed Phase 2*** Mountain View Phase 1 and 2*** Site Area Min. 10,000 sq. ft. 56,410 sq. ft. (1.295 acres) No Change 56,410 sq. ft. (1.295 acres) Setbacks Front — 20' Side — 20' Rear — 20' Front — 20' Side(W) — 20' Side(E) — 20' Rear — 20' Front — 20' Side(W) — 20' Side(E) — 15' Rear — 20' Front — 20' Side(W) — 20' Side(E) — 15' Rear — 20' Height Flat or Mansard Roof — 45' Sloping Roof — 48' Sloping Roof — 48' Sloping Roof — 70' Sloping Roof — 70' Density 25 DUs/ per acre of buildable site area, or 32 units on a 1.295 acre parcel. 23 DUs 17.8 DU/acre 19 AUs=9.5 DUs 12 DUs w/ lock -offs 9 EHUs Total=21.5 DUs 44.5 DUs 34.75 DU/acre GRFA* Max. 76/100 Buildable Site Area or 42,871 sq. ft. 42,593 sq. ft. 34,384 sq. ft. 76,977 sq. ft. or 136/100 Site Coverage** Max. 55% of total site area (31,026 sq. ft.) 22.35%=12,599 sq. ft. above grade 69.91%=39,424 sq. ft. including below grade 14,511 sq. ft. above grade 102 sq. ft. Below grade 48.06%=27,111 sq. ft. above grade 70.07%=39,526 sq. ft. including below grade Parking/Loading Per Chapter 49 Required Additional 63 109 Required Town of Vail Page 11 August 1, 2017 - Page 175 of 51 ** Although the EHUs total 10,574 square feet in size, they do not count towards GRFA. The existing site coverage became nonconforming with the subdivision of the property in 2006 VI. SURROUNDING LAND USES AND ZONING Existing Land Use North: 1-70 ROW East: High Density Residential South: Gore Creek Streamtract West: High Density Residential Zoning District None High Density Multiple -Family (HDMF) District Natural Area Preservation (NAP) High Density Multiple -Family (HDMF) District VII. SPECIAL DEVELOPMENT DISTRICT DESIGN CRITERIA Althouq_h the project has progressed significantly in addressing items of concern identified, staff has proposed conditions of approval necessary in order to address unresolved concerns that would otherwise result in a possible finding of nonconformance with the established criteria. Although approval with conditions is feasible, staff has not fully endorsed this approach and encourages the PEC to consider the criteria and the proposed conditions of approval carefully. Before acting on a special development district application, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the proposed special development district. 1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Each series of revisions have brought the proposal more in line with the character of the neighborhood and Vail in general. The mass, scale, and bulk of the structure is larger than that of the surrounding structures; however, the newly proposed architectural treatments such as a variety of roof forms and increased horizontal and vertical articulation serve to visually break up the mass, bulk, and scale of the building and help make the design more compatible with Phase 1. Please see the Town of Vail Page 12 August 1, 2017 - Page 176 of 51 10 112 Provided Spaces 112 Provided 1 Loading Space 1 Loading Space Provided/Required Provided/Required Deviation for location requested. Min. 30% of 63.62% (35,881 40.07% 40.07% total site sq. ft.) (22,996 sq. (22,996 sq. ft.) Landscaping area ft.) Site in (16,923 sq. ft.) Total) ** Although the EHUs total 10,574 square feet in size, they do not count towards GRFA. The existing site coverage became nonconforming with the subdivision of the property in 2006 VI. SURROUNDING LAND USES AND ZONING Existing Land Use North: 1-70 ROW East: High Density Residential South: Gore Creek Streamtract West: High Density Residential Zoning District None High Density Multiple -Family (HDMF) District Natural Area Preservation (NAP) High Density Multiple -Family (HDMF) District VII. SPECIAL DEVELOPMENT DISTRICT DESIGN CRITERIA Althouq_h the project has progressed significantly in addressing items of concern identified, staff has proposed conditions of approval necessary in order to address unresolved concerns that would otherwise result in a possible finding of nonconformance with the established criteria. Although approval with conditions is feasible, staff has not fully endorsed this approach and encourages the PEC to consider the criteria and the proposed conditions of approval carefully. Before acting on a special development district application, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the proposed special development district. 1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Each series of revisions have brought the proposal more in line with the character of the neighborhood and Vail in general. The mass, scale, and bulk of the structure is larger than that of the surrounding structures; however, the newly proposed architectural treatments such as a variety of roof forms and increased horizontal and vertical articulation serve to visually break up the mass, bulk, and scale of the building and help make the design more compatible with Phase 1. Please see the Town of Vail Page 12 August 1, 2017 - Page 176 of 51 revised north elevation (Attachment D), indicative but not fully representative of, the anticipated changes to the building through the Development Review Board process. It is believed that the applicant still prefers to differentiate the southern elevation from the north significantly. The proposed building material and color palettes may be consistent with the identity and character of Vail as a mountain community. Staff finds that the change in architectural approach, as signified by the revised north elevation, is a significant improvement from the previous plan. The subject property is located on a development site in the HDMF zone district, which allows for a maximum 48 foot building height. Many of the Town's taller buildings are located along the frontage road, which buffer surrounding area from the noise and aesthetics of the highway. Though the proposed building height is greater than those in the surrounding area, the applicant has demonstrated that the height is consistent, in general, with the recommended heights of the Vail Village Master Plan and is necessary to meet the development objectives of the town. Staff finds the proposal, as conditioned, meets this criterion. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The proposed mix of uses, including EHUs, DUs, AUs and AAUs, is an appropriate program for this location. Located along the frontage road on the periphery of Vail Village, the site allows the density and related height necessary to meet the development objectives of the applicant and the town. Although the proposed building is significantly taller than the adjacent Tyrolean, the building's mass steps down in acknowledgment. The applicant professes that it would not be appropriate to lower the building further as the Tyrolean Condominiums is not developed to its potential, under existing zoning. As conditioned, staff has proposed that the Design Review Board be given the flexibility to require changes to the buildings articulation, building stepbacks and stepdowns that will not affect overall height but may result in minor changes to the building's perceived mass and scale. The proposed project is primarily residential in nature, similar to surrounding uses which are also residential, including Apollo Park and the Tyrolean. It is not anticipated that there will be any adverse impacts resulting from the operation of the project. Staff finds that the proposal, as conditioned, meets this criterion. 3. Parking and Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. The parking dimensions and number of parking spaces provided comply with Vail Town Code. Staff has concerns about the utility of the proposed loading space and Town of Vail Page 13 August 1, 2017 - Page 177 of 51 its possible conflict with the pedestrian path. Staff has a recommended condition of approval to address this concern. Staff finds the proposal, as conditioned, meets this criterion. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. Staff has reviewed the Vail Comprehensive Plan and found the following documents and associated goals, objectives, statements applicable to this proposal: Vail Land Use Plan (in part) 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 3.1 The hotel bed base should be preserved and used more efficiently. 3.3 Hotels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Vail 20/20 Strategic Action Plan (in part) Town of Vail Page 14 August 1, 2017 - Page 178 of 51 Land Use and Development: Goal #4: Provide for enough deed -restricted housing for at least 30 percent of the workforce through policies, regulations and public initiated development. Housing: Goal: The Town of Vail recognizes the need for housing as infrastructure that promotes community, reduces transit needs and keeps more employees living in the town, and will provide for enough deed -restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development. Actions / Strategies: • Research parking requirements for employee housing and consider reducing requirements for employee housing developments. • Expand the number of employee beds in the Town of Vail. o Consider increasing incentives in performance zoning for property owners who build EHUs. Vail Economic Development Strategic Plan (in part) Policies: Goal #4: Provide support for a quality workforce delivering world-class service to positively impact Vail's economy. Objective 4.1: Work with the business community, Eagle County and other municipalities to address future workforce housing needs. Objective 4.3: Work with the business community and Eagle County to address parking and transportation issues for workers and guests. Chapter VII. Evaluation and Analysis, Weaknesses: Inefficient Facilities: Older lodging accommodations Vail Housing 2027 (in part) Mission: Town of Vail Page 15 August 1, 2017 - Page 179 of 51 We create, provide, and retain high quality, affordable, and diverse housing opportunities for Vail residents to support a sustainable year round economy and build a vibrant, inclusive and resilient community. We do this through acquiring deed restrictions on homes so that our residents have a place to live in Vail. Policy Statement: We acknowledge that the acquisition of deed restrictions on homes for Vail residents is critical to maintaining community. Therefore, we ensure an adequate supply and availability of homes for residents and recognize housing as infrastructure in the Town of Vail; a community support system not unlike roads, bridges, water and sewer systems, fire, police, and other services of the municipal government. Ten Year Goal: The Town of Vail will acquire 1,000 additional resident housing unit deed restrictions by the year 2027. These new deed restrictions will be acquired for both existing homes as well as for homes that are newly constructed by both the Town of Vail and private sector developers. The proposed development of EHUs realizes several community goals, especially the Vail Housing 2027 Ten Year Goal of acquiring 1,000 deed restrictions. It is important to note that the requirements of inclusionary zoning and commercial linkage are not enough to close the gap in the employee housing deficit in Vail. The proposal to add 10 Type III deed -restricted EHUs will make a contribution toward the goals of providing workforce housing in the town. The significance of providing local workforce housing is critical to reduce the number of employees driving to and parking in town. By doing so, numerous policies of the Vail Economic Development Strategic Plan are realized, such as Goal Number 4, "Provide support for a quality workforce delivering world-class service to positively impact Vail's economy." The proposal specifically addresses Goals 1.1, 1.12, 3.3, 5.4, and 5.5 in the Vail Land Use Plan in that they speak to the importance of infill redevelopment and meeting visitor and employee lodging and housing demands. The proposal also speaks to the Vail 20/20 Strategic Action Plan's statement that the Town recognizes the need for housing as infrastructure that promotes community, reduces transit needs and keeps more employees living in the town. The proposal is representative of a rare infill -development opportunity in Vail that will accommodate a mix of desirable uses consistent with the development objectives of the town. Staff finds that the proposal meets this criterion. Town of Vail Page 16 August 1, 2017 - Page 180 of 51 5. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. No natural or geologic hazards are present on the subject site. Staff finds that the proposal meets this criterion. 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The proposed revisions to the architectural approach contribute positively to the development. While open space is minimal, the applicant has attempted to provide appropriate landscaping. The applicant has provided a high quality design in regards to the site plan and building appearance and has attempted to balance elements such as open space and landscaping with other important community goals that would help improve the overall quality of the community. Staff finds the proposal meets this criterion. 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. The provided Traffic Impact Analysis has determined that the existing access point is suitable with no modifications to serve the development. There are concerns related to how the project interfaces with the anticipated future South Frontage Road alignment. The adopted traffic plan indicates a four -lane road configuration to accommodate the possibility of increased parking availability at Ford Park via a structure or other means. The Public Works Department has worked with the applicant on a possible alternative to this configuration which would be a roundabout at the intersection of Vail Valley Drive and South Frontage Road. As a result, two options, Options A and B, have been prepared related to a necessary relocation of the sidewalk. Option A is predicated on the roundabout and requires a minor encroachment on the property for the relocation of the sidewalk. Option B is based on a four -lane configuration and no rotary and results in greater impacts to the property. At this time, it appears that Option A will not be feasible due to sight distance constraints. Although the applicant has indicated their unwillingness to accommodate Option B because of its site impacts, staff believes the design, construction and associated easement are reasonable and necessary for the project to move forward and has recommended a condition of approval in this regard. Further, as this is a proposed Special Development District with significant deviations to GRFA and height, the applicant should construct the appropriate Town of Vail Page 17 August 1, 2017 - Page 181 of 51 sidewalk from Vail Valley Drive to the Apollo Park access drive which will accommodate future conditions and significantly improve snow storage in the interim. Staff believes that this sidewalk should be snowmelted as a result of building shading but proposes to offset the energy usage through the purchase of energy credits through a program such as the Renewable Energy Management Program. The applicant has indicated their acceptance of this approach but would encourage the PEC to make the recommendation concerning whether the sidewalk should be snowmelted. Staff finds the proposal, as conditioned, meets this criterion. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. The location of the existing garage and the minimum setbacks proposed limit the area remaining for landscaping. The Vail Village Master Plan has identified the area between the proposed structure and South Frontage Road for robust landscaping. As conditioned, the continued evolution of the landscape plan is encouraged with input and assistance from Town of Vail staff and the Design Review Board. Staff finds the proposal, as conditioned, meets this criterion. 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The proposal is intended to be constructed in one phase. Staging for any construction related activity will be reviewed by staff to ensure impacts to public rights-of-way and adjacent properties are minimized. It is anticipated that the use of the South Frontage Road right-of-way may be necessary. This right-of-way is controlled by the Colorado Department of Transportation (CDOT) and will require all appropriate review and permits from CDOT prior to the start of construction. Staff finds the proposal meets this criterion. VIII. STAFF RECOMMENDATION SDDs are an opportunity to allow flexibility in design to a property owner while advancing the goals and objectives of the Town comprehensive plan. Balancing the impact of the development on the surrounding area with benefits to the broader community through the achievement of said goals and objectives is an extremely difficult task. Based on the most recent revisions, staff finds that the proposal has Town of Vail Page 18 August 1, 2017 - Page 182 of 51 successfully balanced these oftentimes competing interests and that the public benefit outweighs the deviations, as conditioned. Based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval, with conditions, to the Town Council for the applicant's request to establish Special Development District No. 42, Vail Mountain View Residences. Motion for Approval — Special Development District: Should the Planning and Environmental Commission choose to forward a recommendation of approval, with conditions, to the Vail Town Council for the establishment of Special Development District No. 42, Vail Mountain View Residences, the Community Development Department recommends the Commission passes the following motion: "The Planning and Environmental Commission forwards the Vail Town Council a recommendation of approval for an application to establish Special Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 12 dwelling units with 15 attached accommodation units (lock -offs), 19 accommodation units and 10 employee housing units, located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5 and setting forth details in regard thereto.." Should the Planning and Environmental Commission choose to forward a recommendation of approval, with conditions, to the Vail Town Council for the establishment of Special Development District No. 42, Vail Mountain View Residences Inn, the Community Development Department recommends the following conditions: 1. Approval of Special Development District No. 42, Vail Mountain View Residences, is contingent upon the applicant obtaining Town of Vail approval of an associated design review application. Although building mass and scale and relationship to adjacent properties is largely determined through the PEC review, the DRB shall have the flexibility to require changes to the buildings articulation, building stepbacks and stepdowns that will not affect overall height but may result in changes to the building's perceived mass and scale, in order to create an architecturally unified structure, with unified site development, that is compatible with existing structures and its surroundings; 2. The applicant shall work with Town of Vail staff to increase the robustness of the proposed landscaping, including an increase in the number and size of the new plantings, prior to submittal of an application for review before the Design Review Board;; Town of Vail Page 19 August 1, 2017 - Page 183 of 51 3. Prior to submittal of a Design Review Board application, the applicant shall provide Town of Vail staff with information for review and approval concerning the proposed operation and configuration of the loading space. If it is determined by staff that the operation poses too great a conflict with the adjacent pedestrian walkway, an alternative location/operation shall be proposed for review and approval by staff; 4. Prior to the issuance of a certificate of occupancy, the applicant shall cause to be recorded with the Eagle County Clerk, in a format approved by the Town attorney, a pedestrian easement for the paved path and stairs from the South Frontage Road right-of-way to the Town of Vail recreational path; 5. Prior to issuance of any certificate of occupancy, the applicant shall construct a continuous 10' wide separated concrete sidewalk along the South Frontage Road from Vail Valley Drive to the easternmost driveway that is shared by Mountain View and Apollo Park. The walk alignment, Option A or 8, shall be approved by the Town of Vail Public Works Department prior to its construction, and shall be designed in conjunction with the ongoing conceptual design of the South Frontage Road improvements in this area as a part of the Vail Transportation Master Plan Update; 6. Prior to issuance of any certificate of occupancy, the applicant shall install a snowmelt system within the above mentioned sidewalk along South Frontage Road and shall enter into the standard snowmelt agreement with the Town of Vail. The applicant shall be responsible for providing the heat source, and the on- going maintenance of the sidewalk and snowmelt system; 7. Prior to issuance of a building permit, the applicant shall update the Traffic study (March 14, 2017) and Turn lane study April 19, 2017) to include any change of units and/or density. This study shall include the net new development PM peak hour generated trips. The applicant shall implement any changes required as a result of the updated studies as approved by the Town of Vail; 8. Prior to issuance of a building permit, the applicant shall pay the Town of Vail Traffic Mitigation Fees for the net new increase in development traffic. The total fee shall be updated based on the updated traffic study. This fee was $6500 in 2005; this fee shall be appropriately increased due to construction cost inflation, and in coordination with the on-going Vail Transportation Impact Fee Study, and for this approval be set at $11,200 per net new development PM peak hour trip, Town of Vail Page 20 August 1, 2017 - Page 184 of 51 based on the net new 12 Dwelling Units, 15 Lock -Offs, 10 EHU's, and 19 Accommodation Units; 9. Prior to issuance of a building permit, the applicant shall provide a construction staging plan and parking plan showing how the construction of this site will not impact town parking or adjacent properties; 10. Prior to issuance of a building permit, the applicant shall engage Art in Public Places Board on the determination of an acceptable public art installation with a minimum value of $50, 000.00; 11. Prior to the issuance of a building permit, the applicant shall pay the recreational amenities tax, as required by Section 12-9A-11 of the Vail Town Code; 12. Prior to the issuance of a certificate of occupancy, the applicant shall record deed restrictions with the Eagle County Clerk and Recorder, in a format approved by the Town Attorney, for the Type III Employee Housing Units; and 13. Prior to submitting any building permit application, the applicant shall submit approval from the Colorado Department of Transportation (CDOT) related to all proposed work within the CDOT right -of way. Should the Planning and Environmental Commission choose to forward a recommendation of approval, with conditions, to the Vail Town Council for the establishment of Special Development District No. 42, Vail Mountain View Residences, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section VIII of the Staff memorandum to the Planning and Environmental Commission dated June 12, 2017, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The SDD complies with the standards listed in Section VIII of this memorandum, or the applicant has demonstrated that one or more of the standards is not applicable; 2. The SDD is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; 3. The SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and Town of Vail Page 21 August 1, 2017 - Page 185 of 51 4. The SDD promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. IX. ATTACHMENTS A. Vicinity Map B. Revised Project Narrative, May 31, 2017 C. Revised Plan Set, May 31, 2017 D. Alternative North Elevations, June 5, 2017 E. Vail Village Master Plan (in part) F. Correspondence received to date Town of Vail Page 22 August 1, 2017 - Page 186 of 51 Application for the Establishment of a Special Development District Vail Mountain View Residences Mauriello Planning Group Submitted to the Town of Vail: March 27, 2017 Revised May 31, 2017 August 1, 2017 - Page 187 of 51 Consultant Directory Peter Carlson Gore Creek Group LLC 285 Bridge Street Vail, CO 81657 952-210-0095 Dominic Mauriello Mauriello Planning Group PO Box 4777 Eagle, CO 81657 970-376-3318 Will Hentschel 359 Design 3630 Osage St. Denver, CO 80211 720.512.3437 Davia Miselis Watershed Environmental Consultants P.O. Box 3722, Eagle CO 81631 970.471.4547 Ron Byrne and Mary Ann Redmond Ron Byrne & Associates 285 Bridge St Vail, CO 81657 970-476-1987 Skip Hudson, PE TurnKey Consulting LLC 587 1/2 Grand Cascade Way Grand Junction, CO 81501 970-314-4888 2 August 1, 2017 - Page 188 of 51 Introduction Gore Creek Group LLC is requesting an application for the establishment of a new Special Development District (SDD) for Vail Mountain View Residences to facilitate the construction of a new mixed-use building located at 430 S. Frontage Road. The new building is referred to as Phase 2 of Vail Mountain View Residences, which is proposed to be constructed above the existing parking structure. Phase 1, the existing 23 residential condominiums, is proposed to be included in the SDD, but the building will not be modified with this application. The proposed Phase 2 consists of deed -restricted employee housing, lodging accommodations, lock -off units, and residential condominiums. The project furthers three identified community goals: the provision of employee housing, the provision of live beds, and encouragement of in -fill development. Numerous changes have been made to the scale of the building, the articulation and architecture of the building, and the mix of uses within the building based on comments from the Planning and Environmental Commission, Town staff, Design Review Board and comments from the Tyrolean over the multiple public meetings. The result of the changes is a better project overall despite the loss of accommodation units and EHU floor area. The existing Phase 1 Building was completed in 2008 under the High Density Multiple Family (HDMF) zone district and included the following uses: U 23 for -sale condominiums with 42,593 sq. ft. of GRFA LJ 112 parking space parking structure U Conditional use permit to allow for the leasing of excess parking spaces which were constructed in anticipation of Phase 2 The proposed Phase 2 building includes the following: U 12 for -sale dwelling units with 27,121 sq. ft. of GRFA, to be included in a voluntary rental management program, a reduction from the initial submittal 15 lock -offs to 11 of the dwelling units, an increase from the initial submittal 10 employee housing units with 10,574 sq. ft. of floor area, a reduction in floor area from the initial submittal 19 accommodation units (hotel rooms) with 7,263 sq. ft. of GRFA, a reduction from the initial submittal U Parking to accommodate the proposed uses To facilitate the development of Phase 2, a Special Development District is proposed to be established, with the underlying zoning of HDMF. The SDD designation will apply to the entirety of Vail Mountain View Residences property, including the already completed Phase 1. Vail Mountain View Residences presents a unique opportunity for redevelopment within Vail Village. It is adjacent to the pedestrian core, but vehicular access is taken from South Frontage Road, allowing for development to occur with minimal impacts to the Village. As an infill site, with the proposed Phase 2 building constructed upon an existing parking structure that was designed to allow for such development, there are minimal impacts to the natural environment. 3 August 1, 2017 - Page 189 of 51 Public Benefits of the Project: Employee housing far in excess of requirements, all on-site and near the major employment center, addressing one of the documented critical needs of the Town (39% of the free- market unit floor area is provided for employee housing versus the 10% required by code) LJ All EHUs are highly functional and livable dwelling within the core employment center of Vail U Provision of short-term accommodation units (hotel rooms and lock -off units) within Vail Village, enhancing revenues and vitality Redevelopment of an infill site within Vail Village as suggested by the Vail Village Master Plan Land being provided to the Town (approximately 878 sq. ft.) as requested by the Public Works Department for conceptual future roadway improvements east of Vail Valley Drive Paved access path and stairs through the property allowing pedestrians to walk from the South Frontage Road to the recreation path along Gore Creek Public art piece still to be determined of a value up to $50,000 Example of the two-bedroom EHU layout. There are 8 two-bedroom units, along with one studio and one one -bedroom unit 4 August 1, 2017 - Page 190 of 51 Background Vail Mountain View Residences was originally part of Apollo Park. Apollo Park was originally developed on Tract D, Vail Village 5th Filing as one large project. Apollo Park included 89 dwelling units. In 1978, Buildings A & B were condominimumized, creating a property line between A & B and C & D. The A & B buildings were subsequently sold as timeshare units. In 2006, the 49 dwelling units in Buildings C & D of Apollo Park were demolished and Mountain View Phase 1 was constructed on the western portion of Tract D, which was resubdivided to Lot 1, a portion of the original Tract D, following the historical property line. Apollo Park, Buildings A and B, remain on Tract D, with a total 40 units developed on the site. Mountain View Phase 1 was constructed under HDMF zoning, requiring review only by the Design Review Board, because the project complied with all zoning standards of the HDMF district. As part of Phase 1, a parking structure of 112 parking spaces was constructed in anticipation of a potential future development phase. Following the completion of the parking structure, the excess parking spaces were leased to the public. When the Vail Village Master Plan (VVMP) was adopted in 1990, it recognized that the HDMF zoning was out of sync with the existing development patterns and the potential for future growth. The VVMP recommended that the zoning be updated. However, no substantial modifications to the HDMF zone district have occurred since 1990, therefore 2004 Google Earth Image of Apollo Park, Buildings A, B, C, and D. 2015 Google Earth Image of Mountain View Phase 1 and Apollo Park, Buildings A and B. causing the need to redevelop this property as a Special Development District. The surrounding properties, the Wren and Apollo Park, are also non -conforming with respect to density and GRFA. 5 August 1, 2017 - Page 191 of 51 Zoning Analysis Location: Parcel: Lot Size: Existing Zoning: Proposed Zoning: 430 South Frontage Road / Lot 1, A Resubdivision of Tract D, Vail Village 5th 210108246023 1.295 acres / 56,410.2 sq. ft. High Density Multiple Family (HDMF) Special Development District with underlying zoning of HDMF Development Allowed by HDMF Existing Phase 1 Standard Proposed Phase 2 Mountain View Phase 1 and 2 Lot Area Setbacks Front Side Rear Building Height (Maximum) Density GRFA Site Coverage Landscape Area 10,000 sq. ft. 1.295 acres / 56,410 sq. ft. No change 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft.(w) & varies 15 ft. -20 ft.(e) 20 ft. 20 ft. 20 ft. 48 ft. for sloping roof 45 ft. for flat roof 48 ft. 25 du/acre = 32 du 23 du 76% of lot area = 42,871 sq. ft. 55% of lot area = 31,026 sq. ft. 30% of lot area = 16,923 sq. ft. 42,593 sq. ft. 69.9 ft. 19 au = 9.5 du 12 du with 15 lock offs 10 ehu* = 0 Density = 21.5 units Hotel: 7,263 sq. ft. DU: 27,121 sq. ft. EHU*: 10,574 sq. ft. GRFA = 34,384 sq. ft. 22.35% = 12,599 14,753 sq. ft. (above -grade sq. ft. (above- only) grade only) 69.91% = 39,424 sq. ft. (includes below grade) 63.62% = 35,881 sq. ft. 1.295 acres / 56,410 sq. ft. see proposed 69.9 ft. 44.5 units 76,977 sq. ft. = 136% of lot area 27,352 sq. ft. = 48.5% (above - grade) 39,880 sq. ft. = 70.07% (includes below grade) NA 22,996 sq. ft. = 40.07% *EHUs do not count towards density or GRFA It should be noted that in the HDMF zone district, unlike other zone Town of Vail districts such as Lionshead Mixed Use 1 and 2, Public Accommodation, and Public Accommodation 2, accommodation units count toward density as 0.5 of a dwelling unit. This is one example of how the HDMF zone 6 August 1, 2017 - Page 192 of 51 district, which largely consists of properties within the core areas of Vail, has not been appropriately updated to reflect current policies regarding the promotion of short term accommodations. If accommodation units were removed from the density calculation, the resulting density for the entire property (Phase 1 and 2) is 35 dwelling units which only exceeds allowable density by 3 units. Proposed Mountain View Phase 2, looking north. 7 August 1, 2017 - Page 193 of 51 Deviations from Underlying Zoning Section 12-9A-9, Development Standards, provides the mechanism for deviating from the underlying zone district. It states: Development standards including lot area, site dimensions, setbacks, height, density control, site coverage, landscaping and parking shall be determined by the town council as part of the approved development plan with consideration of the recommendations of the planning and environmental commission. Before the town council approves development standards that deviate from the underlying zone district, it should be determined that such deviation provides benefits to the town that outweigh the adverse effects of such deviation. This determination is to be made based on evaluation of the proposed special development district's compliance with the design criteria outlined in section 12-9A-8 of this article. The Vail Mountain View Special Development District will deviate from the following development standards: r^ Setbacks: The SDD complies with setbacks on the front, rear, and west side. On the east side, adjacent to the Apollo Park property, the proposed setback varies based on the level of the building from grade from 15 ft. to 20 ft. from the property line. Due to the need for column locations, the first level, an open porte cochere, encroaches into the setback. The setbacks going vertically on the building are as follows: Level 1, 15 ft. to north column and 18 ft. to south column of the open porte cochere area; Level 2, 15 ft. to three points on facade; Level 3, 20 ft. minimum to building facade; Level 4, 20 ft. minimum to building facade; Dormer Level, 20 ft. minimum to building facade. On the east facade there are portions of roof overhang that encroach into the setbacks. The location of the proposed building is adjacent to surface parking on the adjoining property. ▪ Building Height: The proposed building exceeds the height limitation of 48 ft. The existing Phase 1 building complies with the 48 ft. height limitation. Due to the structured parking below the proposed building, the building exceeds the height limit. The maximum height of the proposed building is 69.9 ft. which reflects a point on the peak of a gable roof form. The building height is necessary to accommodate the two floors + of public benefits in the building including employee housing, accommodation units, and condo lock -offs. ▪ Density: The SDD will exceed the maximum density of 32 dwelling units. There are 23 dwelling units within the Phase 1 building. As proposed, Phase 2 includes 12 dwelling units, 19 accommodation units, and 9 EHUs (which do not count towards density). In HDMF, unlike many other zone districts, accommodation units count as 0.5 of a dwelling unit. As a result, Phase 2 is 21.5 units, for a total of 44.5 units for the entirety of the project. This is actually a reduction of the previous development on the site that was demolished prior to Phase 1, which contained 49 units. In addition, the density limitation of HDMF includes the limitation of only one attached accommodation unit per dwelling unit. As proposed, 4 of the dwelling units actually include a second lock -off unit, increasing the potential for short-term rentals within the project. The addition of lock -offs was encouraged by the Town staff to improve the live bed potential. 8 August 1, 2017 - Page 194 of 51 ▪ GRFA: The allowable GRFA within the HDMF zone district is 42,871 sq. ft. Phase 1 was constructed with 42,593 sq. ft. of GRFA. Phase 2 is proposed at 34,384 sq. ft. of GRFA, for a total of 76,977 sq. ft. for the entirety of the SDD. EHUs do not count towards GRFA. Exceeding GRFA is not uncommon with most SDDs approved by the Town especially where the underlying zoning has not been updated to reflect current town goals for in -fill development. n Site Coverage: Mountain View Phase 1 currently exceeds allowable site coverage due to the underground parking structure, which at the time of the original submittal was exempt from site coverage calculations, as we understand it. As a result, there is very little change to the site coverage for the entirety of the project, only an increase of 456 sq. ft., for a total site coverage calculation of 70.07%. The allowable site coverage of HDMF is 55%. The project only exceeds the requirement due to the provision of below -grade parking. Above -grade site coverage actually complies with this restriction, at 48.5% which has been common deviation granted to other projects with below grade parking facilities throughout the Town and Vail Village. P 1 Loading: Mountain View is required just one loading berth for the entirety of the project. One berth is provided. Previously, there was a request for a deviation due to the dimension of the space. Changes to the plans to address setbacks now require the space be relocated within the front setback, which is a deviation. The space now complies with the size requirements. As a practical matter the loading space will remain large empty due to the nature of the facility and not having retail, office, or restaurant uses onsite. The most common with be FedEx and and UPS deliveries which tend to last just a few minutes. The proposed loading area will be paved with attractive pavers and be screened with vegetation. Deviations such as these are common among Special Development Districts, especially those located within the periphery of Vail Village. Special Development Districts are quite common throughout Vail Village, as indicated on the following map (striped areas indicate SDDs): SDD #23 SDD #21 SDD #6 SDD #39 _ SDD #35 SDD #32 SDD #19 SDD #17 SDD #36 SDD #15 SDD #40 SDD #31 SDD #28 SDD #37 SDD #38 SDD #2 9 August 1, 2017 - Page 195 of 51 Below is a chart with an analysis of the more recent SDDs adopted by the Town of Vail in Vail Village. The chart includes the deviations from underlying zoning, along with the public benefits associated with the project. It should be noted that some of these SDDs were adopted prior to the change in the calculation for site coverage, which now includes below grade improvements, like parking, not previously counted as site coverage, and many would now likely deviate from site coverage requirements. SDD Underlying Zoning Deviations from Underlying Public Benefits Zoning Four Seasons (SDD #36) Tivoli Lodge (SDD #37) Manor Vail (SDD #38) Solaris (SDD #39) The Willows (SDD #40) PA PA HDMF CSC Site Coverage - from 65% to 71% Height - from 48 ft. to 89 ft. Height - from 48 ft. to 56 ft. Reduction in landscape area Loading in front setback Height - from 48 ft. to 57.4 ft. Density - from 133 to 141 units GRFA - 24,691 sq. ft. additional Setback reduction Height - from 38 ft. to 99.9 ft. Density - from 47 to 75 units GRFA - 152,808 sq. ft. additional Site Coverage - 75% to 94% Landscape - increase in hardscape allowance 34 EHUs on-site (today most of these would have been required versus a benefit), contribution to streetscape, north -south walkway from Frontage Rd., improvements to Mayors Park, heated walk along Frontage Road, public art contribution (now a requirement) 1 EHU on-site, streetscape improvements 1 EHU on-site, contribution to streetscape improvements, 430 sq. ft. parcel deeded to Town, stream bank improvements, installation of improved access path across site, sidewalk extension 22 EHUs provided offsite, streetscape improvements including heating public streets, public easement over plaza, public ice skating rink, $1.1 million in public art, bowling alley and movie theater, with deed restriction that requires there operation HDMF Setback reduction GRFA increase Site Coverage - 55% to 67% Public art, streetscape improvements, reduction in density As indicated in the chart, deviations such as those requested for the Vail Mountain View Special Development District are common. The underlying zoning of the SDD also has implications in the deviations sought. For example, in many zone districts the density dedicated to accommodation units, fractional units, and timeshare units, do not count towards GRFA. However, in HDMF, accommodation units count toward density. Many zone districts have been updated to reflect current 10 August 1, 2017 - Page 196 of 51 building trends and requirements and in recognition of Town objectives and priorities like the provision of live beds. Building height has been a sensitive subject in Vail from the very beginning of Vail's history. In 1990, with the adoption of the Vail Village Master Plan, it was recognized that taller structures were appropriate along the periphery of Vail Village, along the South Frontage Road. Taller buildings along the periphery help frame the context of the urban core area, provide relief from the impacts associated with Interstate 70, and utilize land area often as parking areas, thus removing unsightly views of parking facilities. The other benefit of encouraging additional building height along the South Frontage Road is that impacts to other private properties are substantially reduced. Private views, though not protected in Vail, are generally unaffected by taller buildings in this location. There are four examples of structures developed with additional building height along the periphery, all of which are above 71 ft. in height: • Four Seasons - SDD #36 (89 ft.) • Sebastian Hotel (formerly the Vail Plaza Hotel) SDD #6 (77.25 ft.) • Vail Village Inn Phase 3 - SDD #6 (-71 ft.) • Solaris - SDD #39 (99.9 ft.) The pattern of taller buildings along the South Frontage Road has been well established with logical breaks to allow views to Vail Mountain at Vail Road, Village Center Road, the Vail Village Parking Structure, Vail Valley Drive (Blue Cow Chute) and Ford Park. Views over theses properties from either direction of Interstate 70 are adequately maintained. With the Town's 2007 adoption of the EHU requirements for Inclusionary Zoning and Commercial Linkage, the Town did not modify the development standards of the HDMF zone district. However, the provision of on-site employee housing units has an impact on development standards such as height, site coverage, parking, and even GRFA (as the cost of providing EHUs is often off -set through increasing the higher profit-making uses). In this case, the majority of the square footage on Levels 1 and 2 is dedicated to employee housing, with the remainder being another public benefit, hotel rooms, which clearly has an impact on the ability to meet the standards of the HDMF zone district. The provision of these two public benefits clearly outweigh any deviations proposed through this SDD. 11 August 1, 2017 - Page 197 of 51 Parking Analysis Phase 1 Use Formula Parking Required DU (17) DU (6) Total spaces for Phase 1 If a dwelling unit's gross residential floor area is more than 500 square feet, but less than 2,000 square feet: 2 spaces If a dwelling unit's gross residential floor area is 2,000 square feet or more: 2.5 spaces 34 15 49 Phase 2 Formula Parking Required DU (5) DU (7) AU (19) EHU (9) EHU (1) Total spaces for Phase 2 If a dwelling unit's gross residential floor area is more than 500 square feet, but less than 2,000 square feet: 2 spaces 8 If a dwelling unit's gross residential floor square feet or more: 2.5 spaces area is 2,000 17.5 0.4 space per accommodation unit, plus each 100 square feet of gross residential with a maximum of 1.0 space per unit 0.1 space per floor area, 14.747 If a dwelling unit's gross residential floor than 500 square feet, but less than 2,000 spaces area is more square feet: 2 18 If a dwelling unit's gross residential floor area is 500 square feet or less: 1.5 spaces 1.5 59.747 Parking Analysis for SDD Parking Requirement for Phase 2 Parking Requirement for Phase 1 Parking Requirement for SDD Multi -Use Reduction of 2.5% Total Parking Requirement for SDD Total Parking Spaces Proposed (Existing) 59.747 49 108.747 -2.936 105.811 112 12 August 1, 2017 - Page 198 of 51 Employee Housing Plan Section 12-23-8: Administration, of the Vail Town Code requires the submittal of an Employee Housing Plan for all projects subject to development review. The proposed project exceeds both the total requirement (approximately three times the requirement) and the onsite requirement (approximately six times on the onsite requirement) for employee housing. A. Calculation Method: The calculation of employee generation, including credits if applicable, and the mitigation method by which the applicant proposes to meet the requirements of this chapter; Applicant Analysis: Commercial Linkage Requirement: Use Formula Employees Mitigation Employees to Generated Rate be Housed AU (19) Inclusionary Zoning: 0.7 per AU 13.3 20% 2.66 Use GRFA Mitigation Rate EHU Sq. Ft. Required DU 27,121 10% 2,712.1 The commercial linkage requirement of 2.66 employees can be converted to 350 sq. ft. per employee, resulting in a commercial linkage requirement of 931 sq. ft. Adding this to the inclusionary requirement of 2,712 sq. ft., the total employee housing requirement equates to 3,643 sq. ft. As proposed, there is 10,574 sq. ft. in 10 employee housing units, 6,931 sq. ft. in excess of the requirement or 39% of the free-market dwelling unit floor area. B. Plans: A dimensioned site plan and architectural floor plan that demonstrates compliance with section 12-23-3, "Size And Building Requirements", of this chapter; Applicant Analysis: A dimensioned site plan and architectural floor plan has been provided with this submittal. Units range from 384 sq. ft. up to 1,199 sq. ft. and are mostly 2 -bedroom/ 2 -bath units, though a one -bedroom and studio unit are now also proposed. C. Lot Size: The average lot size of the proposed EHUs and the average lot size of other dwelling units in the commercial development or redevelopment, if any; Applicant Analysis: This is not applicable to this application. D. Schedules: A time line for the provision of any off site EHUs; 13 August 1, 2017 - Page 199 of 51 Applicant Analysis: This is not applicable to this application. E. Off Site Units: A proposal for the provision of any off site EHUs shall include a brief statement explaining the basis of the proposal; Applicant Analysis: This is not applicable to this application. F. Off Site Conveyance Request: A request for an off site conveyance shall include a brief statement explaining the basis for the request; Applicant Analysis: This is not applicable to this application. G. Fees In Lieu: A proposal to pay fees in lieu shall include a brief statement explaining the basis of the proposal; and Applicant Analysis: This is not applicable to this application. H. Written Narrative: A written narrative explaining how the employee housing plan meets the purposes of this chapter and complies with the town's comprehensive plan. Applicant Analysis: Section 12-23-1: Purpose and Applicability, of the Vail Town Code provides the purpose of the Commercial Linkage Requirements: The purpose of this chapter is to ensure that new commercial development and redevelopment in the town provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such commercial development and redevelopment. The mitigation rates were established by the Town of Vail Employee Housing Nexus study. These rates are based on a survey of various properties in mountain communities. The Town Vail Land Use Plan offers the following goals with regard to employee housing: 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. In 2008, the Town of Vail established the Employee Housing Strategic Plan, which brought together all of the Town's goals on employee housing into a single plan. It provides the following: 14 August 1, 2017 - Page 200 of 51 In 2006, through the Vail 20/20 Focus on the Future process the community established a housing goal. It is as follows: "The Town of Vail recognizes the need for housing as infrastructure that promotes community, reduces transit needs and keeps more employees living in the town, and will provide enough deed -restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development." Based upon the community's work, the Vail Town Council has confirmed the Town of Vail recognizes deed restricted employee housing as basic infrastructure. This type of housing allows employees to live within the town, promoting community, and improving the quality of our local workforce, thereby supporting the local economy, and reducing regional transit needs. The Employee Housing Strategic Plan (EHSP) seeks to meet the expectations established by the community and confirmed by the Town Council and provide enough deed -restricted housing for at least 30 percent of the community's workforce to live in the Town of Vail through a variety of policies, regulations and publicly initiated development projects. The Employee Housing Strategic Plan then outlines the various objectives and policies for implementing the plan. It provides a list of Town Initiatives, one of which is specifically applicable to this project: Incentive Zoning and Density Bonuses The Town will consider workforce housing objectives in all review processes that permit discretion. This means that the Town will work actively with developers as a part of the Housing District, Special Development District review processes and requested changes in zoning to not only meet the requirements of existing code, but to look for opportunities to go beyond code requirements to encourage additional workforce housing to be created. As a part of these review processes the Town will work actively with developers to create incentives to develop housing that exceeds the minimal requirements contained in the code. Additional density may be granted in selected locations through the appropriate review processes, and fee waivers and subsidies may be considered. The Incentives Zoning and Density Bonuses help Vail to "catch up" with existing deficiencies and add to the overall percent of employees living within the Town of Vail. As indicated in this submittal, the proposal complies with and furthers the purposes and goals of the Town's employee housing requirements and master plans. 15 August 1, 2017 - Page 201 of 51 Criteria for Review 1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Applicant Analysis: The architecture is consistent with the high quality found on Phase 1 of Mountain View Residences, and is typical of recent redevelopment projects within Vail Village, such as Solaris, the Four Seasons, and the Sebastian. The concept is to use natural materials, such as stone, wood composite siding, and zinc, to create a project that is responsive to the environment and the surrounding neighborhood. Varying roof pitches and forms allow for visual interest. Before the redevelopment of the site, there was significant surface parking. The structured parking now allows the site to be redeveloped to the standards that Vail is accustomed to. The building facades, based on comments from the PEC have been highly articulated as demonstrated by the revised plans. The maximum height of the proposed Phase 2 building is 69.9 ft., which exceeds the underlying zoning HDMF maximum height restriction of 48 ft. and is a requested deviation with the establishment of this SDD. Building height is a common deviation for SDDs in Vail Village, especially those located along the Frontage Road, including the Sebastian, Vail Village Inn Phase 3, Solaris, and the Four Seasons. Many older existing HDMF or PA zoned buildings also exceed the 48 ft. maximum height requirement such as the Mountain Haus building. The proposed Phase 2 building, similar to the Phase 1 building, is generally 4 stories with additional livable space in the roof through the use of dormers. Unlike the Phase 1 building, Phase 2 sits upon a parking structure which sits slightly above natural grade. As a result, the height exceeds 48 ft., but is similar in appearance of height to surrounding properties. When looking at compatibility it is necessary to not only look at the existing buildings on neighboring properties, but the relationship of those properties to current development standards. For example, the Tyrolean building is not developed to the full height that it is entitled to. If it were, the transition in building height would appear even more natural compared to the proposed building. Another thing that has to be taken into consideration are the other aspects of a neighboring property that create impacts. For instance, the Tyrolean property was developed with variances for building setbacks, GRFA, and site coverage. The Conceptual Building Height Plan found in the Vail Village Master Plan, shows this property as 4 stories along with the Tyrolean Building. This area is flanked to the east with a bubble suggesting 5-6 stories for The Wren and a portion of the Apollo Park property and a bubble to the west recommending 5 stories at the Village Parking Structure. The height diagram is conceptual in nature. Further proof of its conceptual nature is how the Town Council has implemented the plan for buildings along the South Frontage Road. Portions of the Sebastian property are shown at 3-4 stories where the buildings were approved at 5-6 stories. Similarly, the Solaris property, is shown by the plan at 5-6 stories along the S. Frontage Road where it is 6-7 stories today. 16 August 1, 2017 - Page 202 of 51 Significant surface parking lots are a characteristic of the immediate neighborhood, which is not a very efficient use of land. It is likely (and in fact, a requirement of the Vail Village Master Plan) that when these properties redevelop, parking will be located within a below grade structure, similar to the proposed Phase 2 project. These existing surface lots dominate the area: Surface parking lots at The Wren and Apollo Park. Future redevelopment of these sites will likely include below - grade parking, with buildings above. The development of property in this neighborhood provides unique opportunities for buffer zones between developments. There is a path from the Frontage Road down to the Gore Creek path that was constructed as part of the Phase 1 building and which will be partially relocated with the Phase 2 building, which allows for a buffer zone between this project and the existing Apollo Park. Additionally, both the Phase 1 and Phase 2 projects provide the full 20 ft. buffer to the property line for the Tyrolean. The building has also been stepped back from the Tyrolean, building mass removed, and roof elements lowered to help provide additional setback and buffer to the property. Vail Mountain View is compatible with and sensitive to the character of the immediate environment providing a welcome identity to the area, improving the character of the immediate area, improving the visual integrity of the area. The proposed SDD is consistent with this criterion. Path from Frontage Road down to the Gore Creek path. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. 17 August 1, 2017 - Page 203 of 51 Applicant Analysis: Va Road corridor to the north. To the south of the property is the Town of Vail stream tract, which is zoned NAPD. Properties further south of Gore Creek are residential developments, typically townhouse development, zoned HDMF. Surrounding properties, including the Tyrolean, Apollo Park, and The Wren are all zoned HDMF. A brief description of the adjacent residential uses is provided below: it Mountain View Residences is adjacent to the 1-70 and South Frontage it Fr, r r• i Village Parking Structure 4T The Tyrolean: There are 9 wholly owned units in the Tyrolean. The site is 0.368 acres. Parking is located within the building. Apollo Park, Buildings A & B: There are 40 units within Buildings A & B of Apollo Park. Of the 40 units, 34 units are in interval ownership and the remaining 6 units are wholly owned, and the buildings sit on a ground lease. The site is 1.292 acres. The units were originally constructed in the early 1970s and exceeds the density allowance of the HDMF zone district. There are 42 surface parking spaces. The proposed uses are compatible with the surrounding residential uses, which include wholly owned condominiums, short-term rentals, and interval ownership/timeshare, which are similar in character to the uses proposed. The proposed density is similar to that of the surrounding properties and as would be anticipated by the Vail Village Master Plan (VVMP). The VVMP, adopted in 1990, anticipated that the proposed infill development on this site and adjoining properties would be developed above existing zoning limitations. As a result, Mountain View is compatible with the surrounding uses and activity and is consistent with this criterion. 3. Parking And Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. Applicant Analysis: A parking analysis was provided in a previous section of the submittal. As that analysis provided, the entire project, both Phase 1 and 2 are in compliance with the parking requirements of Chapter 10. 18 August 1, 2017 - Page 204 of 51 Mountain View is required one loading berth to comply with Chapter 10 of the Town of Vail Zoning Regulations. Due to some modifications to the plan based on input from both staff and the Planning and Environmental Commission, the loading space has now been relocated to the front setback. This is a deviation from the code and is a request of this Special Development District. The loading space now complies with size requirements. Trash and recycle dumpsters will be stored in the garage and pulled out on collection day. Based on the recommendation from Vail Honeywagon, there will be two 3 -yard trash dumpsters and two 3 -yard recycle dumpsters picked up twice a week during low season and three times a week during high season. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. Applicant Analysis: This property is subject to the Vail Village Master Plan. It is not subject to the Vail Village Urban Design Guide Plan. The Vail Village Master Plan provides both general and specific guidance on the redevelopment of this property. The Vail Village Master Plan provides the following overall goals, objectives, and policies: GOAL #2 TO FOSTER A STRONG TOURIST INDUSTRY AND PROMOTE YEAR - AROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND FOR THE COMMUNITY AS A WHOLE. Objective 2.3: Increase the number of residential units available for short term overnight accommodations. Policy 2.3.1: The development of short term accommodation units is strongly encouraged. Residential units that are developed above existing density levels are required to be designed or managed in a manner that makes them available for short term overnight rental. Objective 2.6: Encourage the development of employee housing units in Vail Village through the efforts of the private sector. Policy 2.6.1: Employee housing units may be required as part of any new or redevelopment project requesting density over that allowed by existing zoning. Policy 2.6.2: Employee housing shall be developed with appropriate restrictions so as to insure their availability and affordability to the local work force. Policy 2.6.3: The Town of Vail may facilitate in the development of affordable housing by providing appropriate assistance. Policy 2.6.4: Employee housing shall be developed in the Village when required by the Town's adopted Zoning Regulations. GOAL #5 INCREASE AND IMPROVE THE CAPACITY, EFFICIENCY, AND AESTHETICS OF THE TRANSPORTATION AND CIRCULATION SYSTEMS THROUGHOUT THE VILLAGE. Objective 5.1: Meet parking demands with public and private parking facilities 19 August 1, 2017 - Page 205 of 51 Policy 5.1.1: For new development that is located outside of the Commercial Core I Zone District, on-site parking shall be provided (rather than paying into the parking fund) to meet any additional parking demand as required by the zoning code. Policy 5.1.5: Redevelopment projects shall be strongly encouraged to provide underground or visually concealed parking. The Vail Village Master Plan encourages an increase in the number of residential units, especially for short term overnight accommodation. Mountain View Phase 2 includes the provision of 19 accommodation units. These are hotel room product available for short term overnight rentals. In addition, the project includes 12 dwelling units and 15 lock -off units, all of which will be able to participate in a voluntary short term rental program. The units have been designed to encourage participation for the dwelling units and the lock -offs. With the on-site management available for the accommodation units, participation in the short term rental program is anticipated to be high. With this project alone, there is an addition of 46 new units available for short term rental, which is a top priority of the Vail Village Master Plan. Assuming an average 70% annual occupancy rate, that translates to approximately 12,000 room nights within the Village area. Example of quality of employee housing units proposed in Phase 2 Along with encouraging the provision of employee housing, the Vail Village Master plan recognizes the need for the development of employee housing in Vail Village. Vail Mountain View Phase 2 includes the provision of 10 deed -restricted employee housing units, well in excess of any requirements. An Employee Housing Plan is provided as part of this submittal, but to summarize the plan, the commercial linkage requirement of 2.66 employees can be converted to 350 sq. ft. per employee, resulting in a commercial linkage requirement of 931 sq. ft. Adding this to the inclusionary requirement of 2,712 sq. ft., the total employee housing requirement equates to 3,643 sq. ft. As proposed, there is 10,574 sq. ft. in 10 employee housing units, 6,931 sq. ft. in excess of the requirement. This is unprecedented in a project in Vail Village. The Vail Village Master Plan also includes recommendations for building heights within Vail Village. The Master Plan states this with regard to the Building Height Plan: BUILDING HEIGHT PLAN Generally speaking, it is the goal of this Plan to maintain -the concentration of low scale buildings in the core area while positioning larger buildings along the northern 20 August 1, 2017 - Page 206 of 51 periphery (along the Frontage Road), as depicted in the Building Height Profile Plan. This pattern has already been established and -in some cases these larger structures along, the Frontage Road serve to frame views over Vail Village to Vail Mountain. The Building Height Plan also strives, in some areas, to preserve major views from public right-of- ways. Building heights greatly influence the character of the built environment in the Village. This is particularly true in the Village Core where typical building heights of three to four stories establish a pleasing human scale. The building heights expressed on this Illustrative Plan are intended to provide general guidelines. Additional study should be made during specific project review relative to a building's height impact and the streetscape and relationship to surrounding structures. Specific design considerations on building heights are found in the Sub -Area section of this -Plan and in the Vail Village Urban Design Guide Plan. VIEW CORRIDORS IELEVATION FROM FRONTAGE ROADI BUILDING MASSING IVILLAGE CORE SECTION' BUILDING HEIGHT PROFILE As indicated in the recommendations regarding building height, generally buildings are to be tallest along the South Frontage Road, then step down to lower heights within the Village Core. Buildings are generally shown to be 5-6 stories along the S. Frontage Road, though the building height shown for the infill of portions of Apollo Park and Vail Mountain View is indicated at 4 stories. The "Conceptual Building Height Plan" further describes a story as 9 ft. of height, not including the roof and indicates varied roof heights are desired. This building height limitation is challenging as the current description of a story as 9 ft. in height is generally 21 August 1, 2017 - Page 207 of 51 considered outdated and produces undesirable units with very little head height, based on current market preferences. Vail Mountain View Phase 1 complies with the Conceptual Building Height Plan and HDMF zoning height restriction of 48 ft. This was appropriate due to its proximity to Gore Creek. However, Phase 2 is located primarily along the South Frontage Road and is a location where additional height is appropriate, as evidenced by recent SDD projects, including Solaris and the Sebastian. In general, Phase 2 complies with the 4 -story recommendation, but does include a portion of the existing parking structure which is slightly above grade. Along the South Frontage Road, the building generally appears as a 4 -story building, with the 5th story within the roof structure, as a loft or dormer level. On the south elevation, facing Phase 1, the building is a 4 -story building, sitting on top of a partially exposed level of parking. The project generally complies with the Master Plan height recommendation, but exceeds the 48 ft. height limitation of the HDMF zone district. As a result, a deviation from the underlying zoning height restriction of 48 ft. is requested, though the project generally complies with the Building Height recommendations. As mentioned under criterion #1, several projects have been developed along the S. Frontage Road two stories above the conceptual roof height plan of the Vail Village Master Plan. The Vail Village Master Plan also provides an Action Plan, showing potential locations for development projects, as described below: • ACTION PLAN �. R.., Clan �•� . ACTION PLAN The Action Plan indicates potential development and improvement projects that would be consistent with the goals, objectives and policies of the Vail Village Master Plan. The Action Plan is a composite of the Land Use, Open Space, Parking and Circulation and Building Height elements. 22 August 1, 2017 - Page 208 of 51 Areas identified by the Plan as having potential for additional development have previously received Town approvals or have been recognized as being consistent with the various elements of the Master Plan. However, the Action Plan is not intended to be an all-inclusive list of improvements, which may occur, or an indication of Town approval for any specific development proposals. The review of any development proposal will be based upon compliance with all relative elements of the Village Master Plan. Numerical references found on the Action Plan map refer to more detailed descriptions of proposed improvements, located in the Sub -area section of this Plan. These descriptions provide a detailed account of the goals, objectives, and design considerations relative to each of the development and improvement projects. Graphic representation of improvement projects on the Action Plan are not intended to represent design solutions. Sub -area concepts, applicable goals, objectives, and policies of this Plan, zoning standards and design considerations outlined in the Vail Village Urban Design Guide Plan are the criteria for evaluating any development proposal. Furthermore, private covenants exist in many areas of Vail Village and should be a consideration addressed between a developer and other applicable private property owners. The massive area of surface parking associated with Apollo Park and the Wren are indicted for "Residential/Lodging Infill." This is important to note, especially with regard to Apollo Park, in that the Action plan clearly shows additional residential development beyond what currently existed at Apollo Park, as Apollo Park already exceeded the density limitation of the HDMF zone district. Buildings C and D totaled 49 dwelling units, though only allowed 32 dwelling units by zoning. In fact, as proposed at 44.5 units (for Phase 1 and 2), the project is more in compliance with the underlying zoning with regard to density, though a deviation from this limitation is still required. The increase in density and GRFA was clearly contemplated by the Vail Village Master Plan and therefore complies with the "Action Plan." Finally, the Vail Village Master Plan provides site specific recommendations for the various sub- areas of the Village. This property is within Sub -Area #9, East Frontage Road. The master plan states: EAST FRONTAGE ROAD SUB -AREA (#9) The East Frontage Road Sub -Area is comprised of condominium and time share residential development. This sub -area is unique in that its access is directly off of the Frontage Road, causing little vehicular impact on other areas of the Village. Large areas of surface parking within the sub -area provide the opportunity for additional residential infill development. Given proper attention to design considerations, this sub -area could provide additional density within close proximity to the Village core. At the present time, the sub -area is separated from the Village core by Gore Creek. This sub -area has a pedestrian connection to the Village and Ford Park -via the Village Streamwalk. A sidewalk along the Frontage Road should be constructed to improve pedestrian safety and further connect the Village parking structure to Ford Park. The area between buildings and Gore Creek must be improved to enhance natural environment. #9-1 Parking Lot Infill 23 August 1, 2017 - Page 209 of 51 Residential infill over existing surface parking. Height of building to be limited so as to not impede view corridors from the frontage road (and Interstate 70) to the Village and Vail Mountain. Mass of buildings to step back from the Frontage Road to prevent sun/ shade impacts on the road. Satisfying parking demand on site will necessitate structured parking. A substantial landscape buffer shall be provided between any new development and the Frontage Road without jeopardizing future frontage road improvements. Special emphasis on 1.2, 2.3, 2.6, 3.1, 3.4, 5.4, 6.1. 7, : wtX44.:;46:c•Xli3,:'FC. . �JfYL •na. i The Vail Village Master Plan identifies that the large areas of surface parking provide opportunities for additional residential development. It recommends the construction of a sidewalk along the S. Frontage Road, connecting the parking structure with Ford Park, which has been completed by the Town but which the Town now wishes to relocate. The plan also recommends that the height of buildings in this sub -area be limited to not impede view corridors from the Frontage Road to the Village and Vail Mountain. As indicated in these views from google earth, the Village is not visible at all from 1-70 or the Frontage Road. Since 1990 Google Earth image street view of site from east -bound 1-70. Google Earth image street view of site from S. Frontage Rd. 24 August 1, 2017 - Page 210 of 51 when the Vail Village Master Plan was adopted, significant improvements in technology have allow architects to much more accurately reflect the views effected by proposed buildings. As indicated in this image, Vail Mountain remains visible with the proposed Phase 2. Proposed Mountain View Phase 2 as viewed from west -bound 1-70 As proposed, there will be a substantial landscape buffer between the edge of the road and the proposed structure. The buffer includes an 8 ft. to 10 ft. strip of green lawn area, a 10 ft. wide pedestrian sidewalk, and a 5 ft. to 15 ft. landscape/hardscape buffer in front of the building. At its greatest, the proposed building is approximately 35 ft. from the edge of the proposed roadway. The buffer would be even greater would it not be for the additional roadway improvements being requested by the Public Works Department to accommodate future traffic lane widening east of Vail Valley Drive. The applicant is agreeable to the encroachment/taking of the Vail Mountain View property (approximately 878 sq. ft. of land) to accommodate the Town's desired road section. As recommended by the Vail Village Master Plan, all parking for the project is structured. As indicated on the landscape plan, significant landscaping is proposed along the north elevation, and the 20 ft. setback along this property is maintained. The proposed project is consistent with the Vail Housing Strategic Plan as evidenced by the letter of support from the Vail Local Housing Authority. Overall, the proposed project complies and is consistent with the Vail Village Master Plan and the Vail Comprehensive Plan, and furthers the goals and objectives recommended by these plans. 25 August 1, 2017 - Page 211 of 51 5. Natural And/Or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. Applicant Analysis: There are no natural or geologic hazards that affect the property. An Environmental Impact Report was prepared for this project by Daiva Katieb of Watershed Environmental Consultants. The report addresses all environmental concerns, including climate, hydrology, atmospheric conditions, geology, wildlife, vegetation, wastes, noise, odors, and visual concerns. Sidewalk along South Frontage Road The report is included as part of this submittal, but to summarize, the report concludes the project is appropriate and without significant impacts to the environment. 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Applicant Analysis: The building is sited above the existing parking structure, utilizing generally the same access as currently exists to the structure. As a result, there is little disturbance to the site. While this SDD request includes a deviation from the site coverage limitation as a result of the underground parking structure, the project complies with site coverage requirements for above -grade improvements and landscape area. When possible, existing landscaping is maintained, and none of the existing landscaping associated with Phase 1 will be modified with the construction of Phase 2. A landscape plan, prepared by Jamie McCluskie of MacDesign, has been included with the submittal. The plan focuses the landscaping along the South Frontage Road, providing a landscape buffer between the road and the units located on the first floor. The goal is to use ornamental grasses and brownstone boulders, similar to the landscape treatments at recent projects like First Chair and Solaris. The SDD produces a functional development plan which is sensitive to the existing landscaping and neighborhood. There are no natural features remaining on this portion of the property since its initial development in the 1970s. As a result, the proposed SDD is consistent with this criterion. 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. Applicant Analysis: A traffic letter was prepared by Skip Hudson, P.E. of TurnKey Consulting, LLC. According to his analysis, the current CDOT Access Permit allows for more traffic than is 26 August 1, 2017 - Page 212 of 51 generated by the proposed development. This is due to the fact that the leased parking facility will be converted to parking serving the uses onsite. In addition, the proposed use does not generate 20% more traffic than the current site use. As a result, the proposed Phase 2 does not require an additional CDOT Access Permit. The general circulation for vehicles is consistent with how the site functions currently. The site is accessed from the South Frontage Road, with vehicles entering the parking structure at two points, the further south garage entrance for Phase 1 and the north garage entrance beneath the porte cochere for Phase 2. The pedestrian circulation around the buildings includes a sidewalk connection from the S. Frontage Road, connecting down to the Gore Creek path. There is pedestrian circulation around the entirety of the site, allowing for direct access from multiple points to the Gore Creek path. There is also a sidewalk along the South Frontage Road, giving pedestrians access over to Ford Park. The Public works department has requested that the applicant model two scenarios for future roadway/sidewalk layouts that require encroachment onto the applicant's property. These future roadway segments are based on the assumption of a future Town parking garage of 400 parking spaces being developed on Ford Park and used for winter skier parking. This concept, while included in the Town's transportation master plan, is an unlikely scenario especially in light of the new parking structure being designed for the Red Sandstone Elementary School property. The first option developed, shown in the plans as Option A, is based on there being a future roundabout at the intersection of Vail Valley Drive and South Frontage Road. This would be a one -lane roundabout. The entire roadway improvements could lie entirely within the Town's right-of-way but for the Public Works Department desire for a snow storage area between the curb and the proposed 10 ft. sidewalk, a condition not found anywhere along this section of roadway from the Four Season Hotel to Ford Park. The total encroachment onto the applicant's property in this scenario is approximately 878 sq. ft. of land taken by the Town. The applicant is able to easily accommodate Option A and is agreeable to the proposal. Pedestrian connection between the Tyrolean & Phase 1 The second option, shown in the plans as Option B, is based on there being a 4 -lane section of roadway plus a westbound left turn lane onto Vail Valley Drive, a 2.5 ft. curb and gutter, and an attached 10 ft. wide sidewalk,. This proposed section has an encroachment on the applicant's property of 1,870 sq. ft. This request from the Public Works Department has significant 27 August 1, 2017 - Page 213 of 51 impacts upon the landscape area in front of the existing and proposed structure and affects the proposed loading space. The applicant does not believe that this proposal is reasonable based upon the proposed roadway section. The applicant believes there are opportunities for the Town to reduce the impacts by removing the median and eliminating the in -lane bike shoulder. It should be noted that none of these roadway improvements are necessary based on the impacts of the project. These are simply requests by the Town for, in essence, additional land to accommodate future conceptual roadway improvements due to there being a development request on the table. The applicant has agreed with Option A which includes 878 sq. ft. of the applicant's land which should be considered an additional public benefit addressing a town - wide issue not created by the proposed development. The proposed SDD is consistent with this criterion. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Applicant Analysis: The landscape plan was developed by MacDesign with an eye towards functionality, use of native species, and maximizing the areas best suited for planting. Through the use of ornamental grasses and brownstone boulders, the entry is given prominence. Large amounts of sod are proposed along the more formal interface with the S. Frontage Road as requested by the Public Works Department to accommodate snow storage. This will be the only site from the Four Seasons Hotel to Ford Park to provide such a snow storage area. This lawn area transitions to a 10 ft. sidewalk followed by formal landscaped areas in front of the building. This buffer area between the South Frontage Road and the existing parking structure/proposed building varies in width from approximately 35 ft. to 23 ft. optimizing views and buffering of the proposed building. When possible, the existing landscaping is preserved, as most of it was planted with the 2006 Phase 1 development. The existing paver pattern is proposed to be continued, creating cohesion between Phase 1 and Phase 2. The proposed loading area is also treat with pavers making it feel more like a plaza area than a loading zone since 99% of the time the space will not be used for loading and will site empty. The project complies with the underlying zoning Pedestrian path and buffer zone between Phase 1 & Apollo Park 28 August 1, 2017 - Page 214 of 51 requirements without any need for a deviation to landscape area requirements. There are no natural features to preserve in this area where the proposed building is being located as the area was previously disturb from development that occurred in the 1970s. As a result, the proposed landscape plan is consistent with this criterion. 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Applicant Analysis: The project will be completed in one phase, therefore this criterion is not applicable. 29 August 1, 2017 - Page 215 of 51 VAIL MOUNTAIN VIEW - PHASE 11 434 SOUTH FRONTAGE RD EAST VAIL, COLORADO PROJECT TEAM LEGEND GENERAL NOTES OWNER GORE CREEK LLC 285 BRIDGE STREET VAIL, COLORADO 81657 952-210-0095 CIVIL ALPINE ENGINEERING, INC. 34510 HIGHWAY 6, UNIT A-9 EDWARDS, COLORADO 81632 LANDSCAPE MACDESIGN P.O. BOX 6446 AVON, COLORADO 81620 ARCHITECTURE 359 DESIGN, LLC 3630 OSAGE STREET DENVER, COLORADO 80211 INTERIORS 359 DESIGN, LLC 3630 OSAGE STREET DENVER, COLORADO 80211 STRUCTURAL MONROE AND NEWLL ENGINEE 1400 GLENARM PLACE, SUITE 1 DENVER, COLORADO 80202 MEP SGM 118 W SIXTH ST, SUITE 200 GLEENWOOD SPRINGS, COLORADO 81601 970-384-9032 GENERAL CONTRACTOR SHAW CONSTRUCTION 300 KALAMATH ST, DENVER 80223 720-582-3535 FIRE & LIFE SAFETY RS, INC. SHANER LIFE SAFETY 01 P.O. BOX 1073 FRISCO, COLORADO 80443 DRAWING ABBREVIATIONS AB ACT AFF ALUM AP APPROX ARCH ASSOC BD BLDG BLK BO BOT BRG BSMT CJ CL CLG CLR CMU COL CONC CONT COVR CPT CT CTR DEC DET DEMO DIA DIM DF DGB DR DWG EA EJ ELEC ELEV EQ EQUIP ER EXT FD FDN FE FF EL FIN FRT FLR FS FT FTG FUT GA GC GL GR GYP BD HC HT HM HORIZ INT INSUL JAN JST LAV MAX MECH ANCHOR BOLT ACOUSTICAL TILE CEILING ABOVE FINISH FLOOR ALUMINUM ACCESS PANEL APPROXIMATE ARCHITECTURE ASSOCIATED BOARD BUILDING BLOCK BOTTOM OF BOTTOM BEARING BASEMENT CONTROL JOINT CENTERLINE CEILING CLEAR CONCRETE MASONRY UNIT COLUMN CONCRETE CONTINUOUS COVER CARPET CERAMIC TILE CENTER DETENTION EQUIPMENT CONTRACTOR DETENTION DEMOLITION DIAMETER DIMENSION DRINKING FOUNTAIN DETENTION GRAB BAR DOOR DRAWING EACH EXPANSION JOINT ELECTRICAL ELEVATOR EQUAL EQUIPMENT EPDXY RESIN EXTERIOR FLOOR DRAIN FOUNDATION FIRE EXTINGUISHER FINISH FLOOR ELEVATION FINISH FIRE RESISTANT TREATED FLOOR FOOD SERVICE FOOT FOOTING FUTURE GUAGE GENERAL CONTRACTOR GLASS GRADE GYPSUM BOARD HOLLOW CORE HEIGHT HOLLOW METAL HORIZONTAL INTERIOR INSULTATION JANITOR JOIST LAVATORY MAXIMUM MECHANICAL MEM MNFR MIN MR MTL NIC NO NOM NTS OA OAM OC OH ORD OS OPG °POI INSTALLED OPCI INSTALLED PC PF PJ PL PLAM PLMG PNL PT PTD REINF REQ REV RD RM RO SAP SC SCHED SEC SECT SHT SHWR SK SPEC SS STL STIFF STRUCT T&G TO TOF TPH TS TYP UNO VAR VB VCT VERT VIF VT VTR VWC W WC WD WDW WP WT WWF MEMBRANE MANUFACTURER MINIMUM MOISTURE RESISTANT METAL NOT IN CONTRACT NUMBER NOMINAL NOT TO SCALE OVERALL OVERALL MASONRY ON CENTER OVERHEAD OVERFLOW ROOF DRAIN OVERFLOW SCUPPER OPENING OWNER PROVIDED OWNER OWNER PROVIDED CONTRACTOR PRECAST PREFINISHED PANEL JOINT PLATE PLASTIC LAMINATE PLUMBING PANEL PRESSURE TREATED PAPER TOWEL DISPENSER REINFORCED REQUIRED REVISED ROOF DRAIN ROOM ROUGH OPENING SECURE PANEL ACCESS SEALED CONCRETE SCHEDULED SECURITY SECTION SHEET SHOWER SINK SPECIFICATIONS STAINLESS STEEL STEEL STIFFENER STRUCTURAL TONGUE AND GROOVE TOP OF TOP OF FOOTING TOILET PAPER HOLDER TUBE STEEL TYPICAL UNLESS NOTED OTHERWISE VARIES VAPOR BARRIER VINYL COMPOSITE TILE VERTICAL VERIFY IN FIELD VINYL TILE VENT THROUGH ROOF VINYL WALL COVERING WITH WATER CLOSET WOOD WINDOW WATERPROOF WALL TYPE WELDED WIRE FABRIC MATERIALS SHEET NUMBER I GYPSUM BOARD EXTERIOR GYPSUM SHEATHING ROOM NAME/NUMBER EXISTING COLUMN CENTERLINE COLUMN CENTERLINE ACCESSORY NUMBERED NOTES BUILDING WALL SECTION ELEVATION SECTION DETAIL GYP BD CEILING CONCRETE/ PRECAST CONCRETE j8� (S) o 'C FLUORESCENT FIXTURE ®® EXIT SIGNS - HATCH INDICATES EXIT TEXT AND ARROW INDICATES DIRECTION ) SMOKE DETECTOR CS D SPEAKER PROJECTOR WALL WASHER PENDANT TYPE LIGHT FIXTURE 2 WALL MOUNTED LIGHT FIXTURE 0 DOWNLIGHT WS-MAS1 Unnamed A2.10B SUPPLY AIR A2.13 © X O ODEMOLITION 1 01 A4.01 SOIL ® RETURN AIR A4.05 OVERALL BUILDING ELEVATIONS A9.12 EXISTING GARAGE HEIGHT EXHIBIT A9.13 EXHAUST AIR / / VA SAND, EIFS FINISH COAT, OR CEMENT Staging Plan AO.X X IIIIIIIIIIIiii.A PLASTER // ® BRICK FLUORESCENT LIGHT O+ CHANDELIER, STRIP LIGHT +9'-0" TS.03 X .... 01 r Ls Js AO.X X DETAIL LOW -UP CMU TS.06 6 OF 9 TS.07 7 OF 9 TS.08 8 OF 9 TS.09 , PAVERS COVER j rte, FIBERGLASS SOUND BATT INSULATION C1.02 UTILITY PLAN CELLULOSE INSULATION DETAILS L.01 LANDSCAPE PLAN A0.01 EXTERIOR ENCLOSURE ASSEMBLIES A0.10 WALL & PARTITION TYPES A1.00 PLAN -ARCHITECTURAL SITE POLYISOCYANURATE OVERALL LEVEL 1 A2.02 OVERALL LEVEL 2 A2.03 INSULATION BOARD A2.04 OVERALL LEVEL 4 '• ;n CLOSED CELL POLYURETHANE SPRAY INSULATION GRFA PLANS - Garage CEILING SYMBOLS SHEET NUMBER SHEET NAME ROOM NAME XXXXX ROOM NAME/NUMBER EXISTING COLUMN CENTERLINE COLUMN CENTERLINE ACCESSORY NUMBERED NOTES BUILDING WALL SECTION ELEVATION SECTION DETAIL GYP BD CEILING WALL MOUNTED j8� (S) o 'C FLUORESCENT FIXTURE ®® EXIT SIGNS - HATCH INDICATES EXIT TEXT AND ARROW INDICATES DIRECTION ) SMOKE DETECTOR CS D SPEAKER PROJECTOR WALL WASHER PENDANT TYPE LIGHT FIXTURE 2 WALL MOUNTED LIGHT FIXTURE 0 DOWNLIGHT WS-MAS1 Unnamed A2.10B SUPPLY AIR A2.13 © X O ODEMOLITION 1 01 A4.01 3D MASSING AS OF 3-27-17 ® RETURN AIR A4.05 OVERALL BUILDING ELEVATIONS A9.12 EXISTING GARAGE HEIGHT EXHIBIT A9.13 EXHAUST AIR / / VA ACCESS PANEL Staging Plan AO.X X IIIIIIIIIIIiii.A FLUORESCENT LIGHT // SUSPENDED LIGHT SUSPENDED FLUORESCENT LIGHT O+ CHANDELIER, STRIP LIGHT 1. DO NOT SCALE DRAWINGS. LARGE SCALE DETAILS SHALL GOVERN OVER SMALL SCALE DETAILS. SPECIFICATIONS GOVERN ALL CONTRACT DOCUMENTS. 2. CONTRACTOR TO ISSUE COMPLETE SET OF CONTRACT DOCUMENTS TO EACH OF THE SUBCONTRACTORS FOR COORDINATION OF THEIR WORK AND DESCRIPTION OF SCOPE - ALL DRAWINGS MUST BE REVIEWED BY EACH TRADE AND IF DISCREPANCIES ARE FOUND AN RFI IS TO BE SUBMITTED TO THE ARCHITECT. 3. THEIR SHALL BE NO SUBSTITUTION OF MATERIALS WHERE A MANUFACTURER IS SPECIFIED. WHERE THE TERM "OR EQUAL" IS USED THE ARCHITECT SHALL DETERMINE EQUALITY BASED ON INFORMATION SUBMITTED BY THE CONTRACTOR VIA A DOCUMENTED SUBSTITUTION REQUEST. 4. REFER TO STRUCTURAL DRAWINGS FOR ALL REINFORCING AND STRUCTURAL INFORMATION. 5. ARCHITECTURAL, MECHANICAL, ELECTRICAL, AND NON- STRUCTURAL SYSTEMS, COMPONENTS AND ELEMENTS PERMANENTLY ATTACHED TO STRUCTURES, INCLUDING SUPPORTING STRUCTURES AND ATTACHMENTS, AND NON - BUILDING STRUCTURES THAT ARE SUPPORTED BY OTHER STRUCTURES SHALL MEET THE REQUIREMENTS PER IBC 2015, CHAPTER 16 AND ASCE 7-02, SECTION 9.6 COORDINATE COMPONENT DESIGN WITH ARCHITECT AND MECHANICAL ENGINEER OF RECORD. 6. WHERE MANUFACTURER'S RECOMMENDED DETAILS DIFFER FROM THE CONTRACT DOCUMENTS, GENERAL CONTRACTOR TO IDENTIFY AND SUBMIT RFI TO ARCHITECT FOR CLARIFICATION. 7. ALL RESTROOM INTERIOR WALL PARTITIONS TO BE INSTALLED WITH SOUND BATT -INSULATION UNLESS NOTED OTHERWISE DRAWING SYMBOLS SHEET NUMBER SHEET NAME ROOM NAME XXXXX ROOM NAME/NUMBER EXISTING COLUMN CENTERLINE COLUMN CENTERLINE ACCESSORY NUMBERED NOTES BUILDING WALL SECTION ELEVATION SECTION DETAIL GARAGE LEVEL 1 A2.002 PARTITION TYPE EXTERIOR ENCLOSURE IDENTIFIER BUILDING EXPANSION JOINT NEW WALL EXISTING WALL 1 HOUR FIRE WALL 2 HOUR FIRE WALL 2 HOUR SHAFT WALL CEILING HEIGHT A3 © WS-MAS1 Unnamed A2.10B SITE COVERAGE A2.13 © X O ODEMOLITION 1 01 A4.01 3D MASSING AS OF 3-27-17 A4.03 OVERALL BUILDING ELEVATIONS A4.05 OVERALL BUILDING ELEVATIONS A9.12 EXISTING GARAGE HEIGHT EXHIBIT A9.13 ADA EXHIBIT / / / CMP Staging Plan AO.X X IIIIIIIIIIIiii.A // // // COVER TS.01 1 OF 9 TS.02 +9'-0" TS.03 X .... 01 r Ls Js AO.X X DETAIL LOW -UP AO.X X" 01 August 1, 2017 - Page 216 of 514 PROJECT LOCATION 1"=400' INDEX OF DRAWINGS SDD SHEET NUMBER SHEET NAME A2.001 GARAGE LEVEL 1 A2.002 GARAGE LEVEL 2 A2.003 GARAGE LEVEL 3 A2.09 Unnamed A2.10B SITE COVERAGE A2.13 HISTORIC GRADE MAP A4.01 3D MASSING AS OF 3-27-17 A4.03 OVERALL BUILDING ELEVATIONS A4.05 OVERALL BUILDING ELEVATIONS A9.12 EXISTING GARAGE HEIGHT EXHIBIT A9.13 ADA EXHIBIT A9.14 HEIGHT EXHIBIT CMP Staging Plan A0.0 COVER A0.00 COVER TS.01 1 OF 9 TS.02 2 OF 9 TS.03 3 OF 9 TS.04 4 OF 9 TS.05 5 OF 9 TS.06 6 OF 9 TS.07 7 OF 9 TS.08 8 OF 9 TS.09 9 OF 9 C1.00 COVER C1.01 GRADING PLAN C1.02 UTILITY PLAN C1.03 DETAILS L.01 LANDSCAPE PLAN A0.01 EXTERIOR ENCLOSURE ASSEMBLIES A0.10 WALL & PARTITION TYPES A1.00 PLAN -ARCHITECTURAL SITE A2.01 OVERALL LEVEL 1 A2.02 OVERALL LEVEL 2 A2.03 OVERALL LEVEL 3 A2.04 OVERALL LEVEL 4 A2.05 OVERALL DORMER LEVEL A2.06 GRFA PLANS - Garage A2.07 GRFA PLANS- Building A2.08 GRFA PLANS - Building A2.10 SITE COVERAGE A2.11 LANDSCAPE COVERAGE A2.12 ROOF HEIGHT A2.20 ROOF PLAN A4.00 3D MASSING A4.02 OVERALL BUILDING ELEVATIONS A4.04 OVERALL BUILDING ELEVATIONS A9.01 SUN/SHADE SPRING A9.02 SUN/SHADE FALL A9.03 SUN/SHADE SUMMER A9.04 SUN/SHADE WINTER A9.10 Adjacent Buildings A9.11 LIGHTING PLAN SHEET SHEET TOWN STAMP 359 DESIGN 3630 OSAGE DENVER, 720.512.3437 DISCIPLINE STREET CO 80211 -- ....... - - r z m 434 SOUTH FRONTAGE ROAD EAST, cn VAI L, CO 81657 No. Description Date SDD 03/27/2017 SDD RESUBMITTAL 05/22/2017 SDD RESUBMITTAL 2 05/31/2017 PROJECT NUMBER PROJECT NUMBER ISSUE DATE 03/27/2017 ISSUE PRELIMINARY FLOOR PLANS TITLE COVER NO. TYROLEAN 19' _ p�� BUIL UI LD1 G SETBACK BUILDING SETBACK DECK 1 1 1 1 1 1 1 i • A lOPP- 20' ,,SETBACK PATIO WALL • ROOF OVERHANG MAX P4 -0" ROJECTI • . I I I I I 1 I 1 I I; / I 1 1 I I I I I 1 I 1 / • 1 / WOOD DECK 2'-6" OVER PROP LINE 1 I11 1 1 I1 / 1 * / / 1 EXTERIOR SITEV e STAIRS 14 RISERS RON4 GE EXTERIOR SITE STAIRS 11 RISERS ROAD —�J ROOF OVERHANG HEATED PAVER SIDEWALK - BUILDING OVERHANG BUILDING OVERHANG I I WOOD D 2'- 1 OVER PR CK P LINE I • I 1 01 SITE PLAN 1" = 10'-0" • .• S•• MOUNTAI VIEW PHAS 1 Se• 1 / / / / / // / / // /fi s)%4, / / / / • • Mir August 1, 2017 - Page 217 of 514 • 4♦ 1:. • IE!) CCESS EASEMENT PAVER SIDEWALK EXISTING TO REMAIN ROOF OVERHANG (NO MORE THAN 4' INTO SETBACK) APOLLO PARK PROPERTY LINE 5' 10' 20' ARCHITECTURAL NOTES 1. REFER TO SHEET A0.01, A0.02 FOR BLDG ENCLOSURE ASSEMBLIES, PARTITIONS TYPES A1.10. 2. ALL ROOFS TO SLOPE MINIMUM 1/4" OVER 1' - 0". 3. ELECTRICAL METER AND SERVICE TO BE MOUNTED AT GARAGE LEVEL ?, COORDINATE METER AND PANEL LOCATION WITH OWNER. 4. ELECTRICAL CONTRACTOR SHALL PROVIDE DESIGN BUILD SECURITY SYSTEM, CORD. WITH OWNER. 5. SMOKE ALARMS SHALL BE PROVIDED IN ALL BEDROOMS, AND OUTSIDE OF ALL BEDROOMS AND ON EACH FLOOR AS REQUIRED. 6. MECHANICAL SYSTEM SHALL. 7. WATER PIPES RUNNING NEXT TO OR WITHIN EXTERIOR WALLS TO BE INSULATED W/ 2" MIN CLOSED CELL INSULATION. 8. ALL DIMENSIONS ARE TO FACE OF STUD, GRID LINE, FACE OF MASONRY OR CONCRETE, U.N.O. 9. WHERE "CLEAR" IS CALLED OUT ON A DIMENSION, PROVIDE DIMENSION FROM FACE OF FINISH TO FACE OF FINISH. 10. FURNITURE IS NOT IN CONTRACT, U.N.O. AND SHOWN FOR DIAGRAMATIC PURPOSES. 11. CONTRACTOR SHALL COORDINATE ALL MEANS, METHODS, SEQUENCES PROCEDURES AND SCHEDULES OF ALL CONSTRUCTION ACTIVITIES AND OPERATIONS FOR THE CONSTRUCTION OF THE PROJECT. 12. CONTRACTOR RESPONSIBLE FOR OBTAINING AND COMPLYING WITH ALL PERMITS. 13. CONTRACTOR RESPONSIBLE FOR COMPLYING WITH ALL MANUFACTURERS RECOMMENDATIONS FOR STORAGE, PREPARATION, FABRICATION, INSTALLATION AND CURING OF MATERIALS AND SYSTEMS. 14. DIMENSION FROM EDGE OF DOOR FRAME (HINGE SIDE) TO FACE OF ADJACENT PERPENDICULAR WALL TO BE 4" U.N.O. 15. PROVIDE BLOCKING FOR WALL MOUNTED ELECTRICAL FIXTURES, BATHROOM ACCESSORIES, HANDRAILS, CHAIR RAILS, WAINSCOTING, ARTWORK, ETC. 16. RE: DOOR SCHEDULE AND DOOR HARDWARE SETS. 17. REFER TO BUILDING PLANS, RCP, EXTERIOR ELEVATIONS FOR WINDOW LOCATION AND TYPE TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP 434 SOUTI- No. Description Date SDD 03/27/2017 SDD RESUBMITTAL 05/22/2017 SDD RESUBMITTAL 2 05/31/2017 PROJECT NUMBER PROJECT NUMBER ISSUE DATE 03/27/2017 ISSUE SDD SHEET TITLE PLAN -ARCHITECTURAL SITE SHEET NO. 16'-8" 28' - 2" 28' - 2" 28' - 2" 28' - 2" 28' - 2" 26' - 2" 29' - 6" EXTERIOR SITE STAIRS 14 RISERS 4,;., • EXTERIOR SITE ° STAIRS 11 RISE d a • 0 N 8225.88 8225.89 - MASTER ELOSET / I / i — 1 i / W■_ _■■■_ _■■__ _■■__ _■ M■I ,� ■I ....iim,■um I I __06.0 mitorzEishomir _ II■i■■■■ i■■■■ ■i ■■■imals s_■� 1 ■ .■ ■■ ■��I ■.■I ■.■I A 11rWiapi. ■ rill _ ■i■I_ i'_ ■I■i!_ �rI1 I ■ '■EW. 11M11111pd ■1�,� I 1.___•i immm=■■III■ _■ eirVII wi 11 1_1 IMIEL—Till rex:v Imbil 1 _■■■■_ ■■.■_ rm�I_ iJN.iriI! ' \ —■■■_u!.■_I i■Na j ll 4 7r 0 0 _••_•••_••_••_••_••_••_• 1 Garage Level 2 1/8" = _••_••_ 0 ..1 • •L 10 L II II II II II II 0 L 0 r 0 FIRE SPRINKLER ROOM • • • • • • • —\ • • • • • • O 1 C+9 August 1, 2017 - Page 219 of 514 0' 4' 8' 16' TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP 434 SOUTI- No. Description Date SDD RESUBMITTAL 05/22/2017 SDD RESUBMITTAL 2 05/31/2017 PROJECT NUMBER PROJECT NUMBER ISSUE DATE 03/27/2017 ISSUE PRELIMINARY FLOOR PLANS SHEET TITLE GARAGE LEVEL 2 SHEET NO. M 16'-8" 28' - 2" 28' - 2" 28'-2" 28'-2" 28' - 2" 26' - 2" 29'-6" - -----I I I I 1 I —11 I I I I11 4<11111 '=-;:qui nl RE EN \\ \\\ \\.■ ■■■ ■I.■■1_.■ ■■■■ \\ � ■_ - \ EN\ \\ 1 ■ !ii ■ !1■ ■ ■�* ■ �_. iii_ iii_ \iii_ •' ,iy■ • '•�sss _■■ _ i■■ orm ♦ M IV FmJE ■ 1■■� •IU•'q• amu : `�:,.,♦ ssss. Dpi„„„„, 1_ � � ■ �♦�♦�♦�♦��S�i E. E. _ I Sim- 11 A■� ■ ■l11em ta !■ ■ 1 ■I■ ■ / MII ■a ■kms _ra ■� s01 sst: ■■-1 n_■ -1 ■�-- —� 1 n�1. ♦ ♦sssss.:.1.1„-r-d ligallIMMI In __ IN INU \H N _: Aft iIIIpimmi■■■__■■l11_:■r___•■►�■__■■Ls' -r m& 1 • I 1.. - N IIMMIN: limo,-..ii--_ mm ■�■iii_ ■!■� ■!■iii_ ■!■iii_ ■vIK111;11?.A1:-:.° ■.� iii_ I.._ _■■■_ i■_�■■_ i■■■■_ 'EMMEN ■ _ _■_ . p■■ ■■�j ■■I ■� ■■■ ■u 11q •.-I •• mini• .-1 .MII E1-1 1.■• I aMME i - mil ■� ipammi.0 , ■■ i -■imim 1 . ■di::: ■■ �_■_■■M 1 ■■ �■■ 11 I I rg pril :■■ _ rim 1.1 r11-1: ' illi ---op- 1._.,. - _REAP ■� ■■� �. �� .ip---i __wm-w•iii.E. ilE . 1 ■iii ■tel iU■�, ■ ■.1:11;1?_•pilri•imo-11-•” �■ ■\�■".-� moi■■�i�� _■■■_ i■■_ _■■■_ 'EMMEN �iIM;-1 �1 .-TI EMILMENI 1 1111111LAW" / ■_. ■mom:■.. pU ■MAI iii_ i ■ i i■■■Ii■■■ii■■■■ i■■ IIIIIP .1 \\.1 .1 m1 1111■Elio _•—El m .iA�._�■_I III■! � ■ \ ■ ■ poir i ��■_■-■■■ ■-■■■11 ■■■ ■�■,■■i■— Ij_.11___.ii!!i..'_•.i Al -1 Iiiirij__ ■■__ "Ea "Me" ■■_. diorwirmodiommord=_ 1 Garage Level 3 1/8" = August 1, 2017 - Page 220 of 514 0' 4' 8' 16' TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP m z VAILW 434 SOUTI- No. Description Date SDD RESUBMITTAL 05/22/2017 SDD RESUBMITTAL 2 05/31/2017 PROJECT NUMBER PROJECT NUMBER ISSUE DATE 03/27/2017 ISSUE PRELIMINARY FLOOR PLANS SHEET TITLE GARAGE LEVEL 3 SHEET NO. A2■ Zip 1 1 Level 2 1/8" = 1'-0" 16'-8" 28' - 2" 28' - 2" 28'-2" 28'-2" 28' - 2" 26' - 2" 29'-6" • • • MASTER ICLOSET II CLOSET I • • \\\ nom 4mw. KITCHEN MASTER BATH BATH r MA TR I BED QOM I I I I I I I I I I i 1 LIVING I I I L_1 11 LJ r= BEDROOM II I 1 I 1 I LJ II II II II r R rr L 7 II II II II 11 I II r J LJ 1 L rr L r L_ 11 IL L r- _ • • - • II • • - • • - • - • • - • • - ..1 • L •16•• �-f imEL 9' - 5 1/4" 9' - 4 5/8" 9' - 4 1/8" \\ \\ 1 � \ \ ••—• •• •••\••am • • • • • • 10 August 1, 2017 - Page 221 of 514 0' 4' 8' 16' ARCHITECTURAL NOTES 1. REFER TO SHEET A0.01, A0.02 FOR BLDG ENCLOSURE ASSEMBLIES, PARTITIONS TYPES A1.10. 2. ALL ROOFS TO SLOPE MINIMUM 1/4" OVER 1' - 0". 3. ELECTRICAL METER AND SERVICE TO BE MOUNTED AT GARAGE LEVEL ?, COORDINATE METER AND PANEL LOCATION WITH OWNER. 4. ELECTRICAL CONTRACTOR SHALL PROVIDE DESIGN BUILD SECURITY SYSTEM, CORD. WITH OWNER. 5. SMOKE ALARMS SHALL BE PROVIDED IN ALL BEDROOMS, AND OUTSIDE OF ALL BEDROOMS AND ON EACH FLOOR AS REQUIRED. 6. MECHANICAL SYSTEM SHALL. 7. WATER PIPES RUNNING NEXT TO OR WITHIN EXTERIOR WALLS TO BE INSULATED W/ 2" MIN CLOSED CELL INSULATION. 8. ALL DIMENSIONS ARE TO FACE OF STUD, GRID LINE, FACE OF MASONRY OR CONCRETE, U.N.O. 9. WHERE "CLEAR" IS CALLED OUT ON A DIMENSION, PROVIDE DIMENSION FROM FACE OF FINISH TO FACE OF FINISH. 10. FURNITURE IS NOT IN CONTRACT, U.N.O. AND SHOWN FOR DIAGRAMATIC PURPOSES. 11. CONTRACTOR SHALL COORDINATE ALL MEANS, METHODS, SEQUENCES PROCEDURES AND SCHEDULES OF ALL CONSTRUCTION ACTIVITIES AND OPERATIONS FOR THE CONSTRUCTION OF THE PROJECT. 12. CONTRACTOR RESPONSIBLE FOR OBTAINING AND COMPLYING WITH ALL PERMITS. 13. CONTRACTOR RESPONSIBLE FOR COMPLYING WITH ALL MANUFACTURERS RECOMMENDATIONS FOR STORAGE, PREPARATION, FABRICATION, INSTALLATION AND CURING OF MATERIALS AND SYSTEMS. 14. DIMENSION FROM EDGE OF DOOR FRAME (HINGE SIDE) TO FACE OF ADJACENT PERPENDICULAR WALL TO BE 4" U.N.O. 15. PROVIDE BLOCKING FOR WALL MOUNTED ELECTRICAL FIXTURES, BATHROOM ACCESSORIES, HANDRAILS, CHAIR RAILS, WAINSCOTING, ARTWORK, ETC. 16. RE: DOOR SCHEDULE AND DOOR HARDWARE SETS. 17. REFER TO BUILDING PLANS, RCP, EXTERIOR ELEVATIONS FOR WINDOW LOCATION AND TYPE TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP 434 SOUTI- No. Description Date SDD 03/27/2017 SDD RESUBMITTAL 05/22/2017 SDD RESUBMITTAL 2 05/31/2017 PROJECT NUMBER PROJECT NUMBER ISSUE DATE 03/27/2017 ISSUE PRELIMINARY FLOOR PLANS SHEET TITLE OVERALL LEVEL 2 SHEET NO. I 16'-8" 28' - 2" 28' - 2" 28' - 2" 28'-2" 28' - 2" 26' - 2" 29'-6" ■I■I■I■I■I■I■I■I EDROOM BEDROOM MON � n 11 ANITY BAT AT VANITY EDROOM BEDROOM 111111111 CLOSET - 11111 111 11■ TH I I I I I I I I REC ROOM REC ROOM REC ROOM 0 a LIVING BEDROOM REC ROOM 4- 4- 4— i RS -PMR -1 RS -PMR -1 1 Dormer Level 1/8" = 1'-0" 54' - 4" MASTER BATH • • ais11111isiis-41111-illis August 1, 2017 - Page 222 of 514 0' 4' 8' 16' ARCHITECTURAL NOTES 1. REFER TO SHEET A0.01, A0.02 FOR BLDG ENCLOSURE ASSEMBLIES, PARTITIONS TYPES A1.10. 2. ALL ROOFS TO SLOPE MINIMUM 1/4" OVER 1' - 0". 3. ELECTRICAL METER AND SERVICE TO BE MOUNTED AT GARAGE LEVEL ?, COORDINATE METER AND PANEL LOCATION WITH OWNER. 4. ELECTRICAL CONTRACTOR SHALL PROVIDE DESIGN BUILD SECURITY SYSTEM, CORD. WITH OWNER. 5. SMOKE ALARMS SHALL BE PROVIDED IN ALL BEDROOMS, AND OUTSIDE OF ALL BEDROOMS AND ON EACH FLOOR AS REQUIRED. 6. MECHANICAL SYSTEM SHALL. 7. WATER PIPES RUNNING NEXT TO OR WITHIN EXTERIOR WALLS TO BE INSULATED W/ 2" MIN CLOSED CELL INSULATION. 8. ALL DIMENSIONS ARE TO FACE OF STUD, GRID LINE, FACE OF MASONRY OR CONCRETE, U.N.O. 9. WHERE "CLEAR" IS CALLED OUT ON A DIMENSION, PROVIDE DIMENSION FROM FACE OF FINISH TO FACE OF FINISH. 10. FURNITURE IS NOT IN CONTRACT, U.N.O. AND SHOWN FOR DIAGRAMATIC PURPOSES. 11. CONTRACTOR SHALL COORDINATE ALL MEANS, METHODS, SEQUENCES PROCEDURES AND SCHEDULES OF ALL CONSTRUCTION ACTIVITIES AND OPERATIONS FOR THE CONSTRUCTION OF THE PROJECT. 12. CONTRACTOR RESPONSIBLE FOR OBTAINING AND COMPLYING WITH ALL PERMITS. 13. CONTRACTOR RESPONSIBLE FOR COMPLYING WITH ALL MANUFACTURERS RECOMMENDATIONS FOR STORAGE, PREPARATION, FABRICATION, INSTALLATION AND CURING OF MATERIALS AND SYSTEMS. 14. DIMENSION FROM EDGE OF DOOR FRAME (HINGE SIDE) TO FACE OF ADJACENT PERPENDICULAR WALL TO BE 4" U.N.O. 15. PROVIDE BLOCKING FOR WALL MOUNTED ELECTRICAL FIXTURES, BATHROOM ACCESSORIES, HANDRAILS, CHAIR RAILS, WAINSCOTING, ARTWORK, ETC. 16. RE: DOOR SCHEDULE AND DOOR HARDWARE SETS. 17. REFER TO BUILDING PLANS, RCP, EXTERIOR ELEVATIONS FOR WINDOW LOCATION AND TYPE TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP m VAILW 434 SOUTI- No. Description Date SDD 03/27/2017 SDD RESUBMITTAL 05/22/2017 SDD RESUBMITTAL 2 05/31/2017 PROJECT NUMBER PROJECT NUMBER ISSUE DATE 03/27/2017 ISSUE PRELIMINARY FLOOR PLANS SHEET TITLE OVERALL DORMER LEVEL SHEET NO. • • 3 Garage Level 3 1/16" = 1'-0" - 6 SF 1PJ TRASH/ RECYCLING 25 PARKING SPACES PLUS 2 TEMPORARY SPACES 15' 1 STR. 3 130 SF F.A.C.P. • • )1 • • •• 2 Garage Level 2 1/16" = 1'-0" 14 PARKING SPACES 6 FIRE SPRINKLER IL ROOM --• • 0' 8' 16' • • • 32' • • i 21 • • 1 Garage Level 1 1/16" = STR. 7 7 SF STR. 81 77 SFJ 1 29 33 PARKING SPACES • • - • • - • • - r • - • • • • TRASH, RECYCL 0' 8' 16' MECH. i TR.10 69 SF • • • 32' • • B D August 1, 2017 - Page 223 of 514 0' 8' 16' 32' i COMMON STORAGE EHU FOR SALE Hallway HOTEL COMMON STORAGE EHU FOR SALE Hallway ir--1 HOTEL ■ COMMON STORAGE EHU FOR SALE Hallway HOTEL Area Schedule (GRFA) G 3 TYPE UNIT Area 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP Garage Level 3 COMMON STORAGE STR. 1 76 SF COMMON STORAGE STR. 2 76 SF COMMON STORAGE STR. 3 130 SF COMMON STORAGE: 3 283 SF Area Schedule (GRFA) G 2 TYPE UNIT Area 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP Garage Level 2 COMMON STORAGE STR. 4 76 SF COMMON STORAGE STR. 5 76 SF COMMON STORAGE STR. 6 76 SF COMMON STORAGE: 3 229 SF Area Schedule (GRFA) G 1 TYPE UNIT Area 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP Garage Level 1 COMMON STORAGE STR. 7 77 SF COMMON STORAGE STR. 8 77 SF COMMON STORAGE STR. 9 77 SF COMMON STORAGE STR. 10 369 SF COMMON STORAGE: 4 600 SF 600 SF TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP m VAILW 434 SOUTI- No. Description Date SDD 03/27/2017 SDD RESUBMITTAL 05/22/2017 SDD RESUBMITTAL 2 05/31/2017 PROJECT NUMBER PROJECT NUMBER ISSUE DATE 03/27/2017 ISSUE PRELIMINARY FLOOR PLANS SHEET TITLE GRFA PLANS - Garage SHEET NO. A2■ UNIT 301 1814 SF - UNIT 301 - LO I 340 SF r 1 1 I UNIT 302 - LO 521 SF UNIT 302 - LO 2 250 SF UNIT 303 - LO 307 SF 1 UNIT 304 - LO } UNIT 305 -LO - 2 322 SF 298 SF s • +n 11 i; ii UNIT 302 1223 SF .. .. - • • - * . - . • 3 Level 3 1/16" = 1'-0" • UNIT 303 1197 SF UNIT 304 1184 SF [J UNIT 305 1172 SF 1 1 1 1 UNIT 305 - LCJ 405 SF 0 • • • 1D 0' 8' 16' 32' • • • EH 2 Level 2 1/16" = HOTEL 7 379 SF HOTEL 10 428 SF OTEL 11 417 SF HOTEL 12 al 368 SF HOTEL 13 366 SF HOTEL 14 371 SF HOTEL 15 368 SF HOTEL 16 365 SF • HOTEL 17 368 SF HOTEL 18 368 SF • l 1.1 IMP 8 Inl I 1 M IIOTEL 19 428 SF \III • 101 1D B D 0' 8' • L EHU-A 1195 SF EHU-C 1198 SF 16' • 32' • • B 1 EHU-D 1194 SF GI 10 Level 1 1/16" = _ EHU-E 814 SF 1 .. — .. — .. — r . — • . 1 HOTEL 1 366 SF HOTEL 430 SF HOTEL 3 429 SF HOTEL 4 431 SF HOTEL 5 366 SF HOTEL 6 366 SF August 1, 2017 - Page 224 of 514 0' 8' 16' 32' ■ 1 ■ COMMON STORAGE EHU FOR SALE Hallway HOTEL COMMON STORAGE EHU FOR SALE Hallway HOTEL COMMON STORAGE EHU FOR SALE Hallway HOTEL Area Schedule (GRFA) Level 3 TYPE UNIT Area 5599 SF DISCIPLINE STAMP Level 3 HOTEL FOR SALE UNIT 301 1814 SF FOR SALE UNIT 301 - LO 340 SF FOR SALE UNIT 302 1223 SF FOR SALE UNIT 302 - LO 521 SF FOR SALE UNIT 302 - LO 2 250 SF FOR SALE UNIT 303 1197 SF FOR SALE UNIT 303 - LO 307 SF FOR SALE UNIT 304 1184 SF FOR SALE UNIT 304 - LO 322 SF FOR SALE UNIT 305 1172 SF FOR SALE UNIT 305 - LO 405 SF FOR SALE UNIT 305 -LO - 2 298 SF FOR SALE UNIT 306 1667 SF FOR SALE: 13 HOTEL 13 10699 SF Area Schedule (GRFA) Level 2 TYPE UNIT Area 5599 SF DISCIPLINE STAMP Level 2 HOTEL EHU EHU-F 1199 SF EHU EHU-G 1133 SF EHU EHU-H 1183 SF EHU EHU-J 1076 SF EHU EHU-K 384 SF EHU: 5 4975 SF HOTEL HOTEL 7 379 SF HOTEL HOTEL 8 366 SF HOTEL HOTEL 9 366 SF HOTEL HOTEL 10 428 SF HOTEL HOTEL 11 417 SF HOTEL HOTEL 12 368 SF HOTEL HOTEL 13 366 SF HOTEL HOTEL 14 371 SF HOTEL HOTEL 15 368 SF HOTEL HOTEL 16 365 SF HOTEL HOTEL 17 368 SF HOTEL HOTEL 18 368 SF HOTEL HOTEL 19 428 SF HOTEL: 13 4958 SF Area Schedule (GRFA) Level 1 TYPE UNIT Area Level 1 EHU EHU-A 1195 SF EHU EHU-B 1197 SF EHU EHU-C 1198 SF EHU EHU-D 1194 SF EHU EHU-E 814 SF EHU: 5 5599 SF DISCIPLINE STAMP HOTEL HOTEL 1 366 SF HOTEL HOTEL 2 430 SF HOTEL HOTEL 3 429 SF HOTEL HOTEL 4 431 SF HOTEL HOTEL 5 366 SF HOTEL HOTEL 6 366 SF HOTEL: 6 2388 SF TOWN STAMP 3 5 9 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP m VAILW 434 SOUTI- No. Description Date SDD 03/27/2017 SDD RESUBMITTAL 05/22/2017 SDD RESUBMITTAL 2 05/31/2017 PROJECT NUMBER PROJECT NUMBER ISSUE DATE 03/27/2017 ISSUE PRELIMINARY FLOOR PLANS SHEET TITLE GRFA PLANS- Building SHEET NO. EHU-A 1,195 5- EHU-B 1,197 SF EHU.0 1,198 5F EHU-0 1,194 SF EHU-E 814 5F EHU-F 1,199 S EHU-G 1,133 5F EHU-H 1,83 SF EHU-4 1,076 SF EHU4K 384 SF U NIT COMMON STORAGETOTALS UNIT Area STR, 1 76 SF STR, 2 76 SF STR, 3 130 5F STR, 4 76 5F STR . 5 76 SF STIR. 6 76 SF STR. 7 77 SF STR. 8 77 SF STR, 9 77 5F STR. 10 369 SF 11 TOTAL UNITS 1,11 Sr Mountain View Phase 11 GRFA Totalis EHU TOTALS 10 TOTAL U NITS 10,574 SF • • UNIT 404 - DORMER 935 SF UNIT 405 - DORMER 1014 SF NIT 406 - DORMER OGG OF 2 Dormer Level 1/16" = • • - • • - • • - r • - • • • —• r 1 \I UNIT 401 1773 SF CI UNIT 401 - LO 372 SF I UNIT 402 - LO I I 512 SF I I I •• UNIT 402 1220 SF UNIT 402 - LO 2T UNIT 403 - LO 252 SF 263 SF I • • — • • — • • — * • — • • 1 Level 4 Augt„1 ?,001,7 - Page 225 of 514 Z UNIT 403 1238 SF UNIT 404 - LOUNIT 405 - LO -2 243 SF 238 SFr UNIT 404 1257 SF - 1 1 UNIT 405 1220 SF ID 1 1 1 1 UNIT 405 - LOl UNIT 406 - LO I 412 SF 424 SF 11471 u L UNIT 406 1193 SF 20' - 0' 8' 16' • 32' 0' 8' 16' 32' 1 COMMON STORAGE EHU FOR SALE Hallway HOTEL COMMON STORAGE EHU FOR SALE Hallway HOTEL FOR SALE TOTALS UNIT Are UNIT 301 1,814 SF UNIT 301 -LO 340 SF UNT 301 TOTAL 2,154 SF UNIT 302 11,223 SF UNIT 302 - LO 521 5F UNIT 302 - LO 2 250 SF UNIT 302 TOTAL 1,994 SF UNIT 303 1,197 5F UNIT 303 -LO 307 5F UNIT 303 TOTAL 1,504 SF t1N1T 304 1,1845F UNIT 304 -LO 3225F UNIT 304 TOTAL 1,506 5F UNIT 305 1,1725F UNIT 305 •- LO 402 SF UNIT .305 - LO 2 296 SF UNIT 305 TOTAL L872 5F UNIT 306 1,567 5F UNIT 401 1,773 SF UNIT 401 DOF?FIER 815 SF UNIT 401 - L0 372 SF UNIT 401 TOTAL 2,960 SF UNIT 402 1,220 5F UNIT 402 - DORMER 1072 SF UNIT 402 - LO 512 5F UNIT 402 - L0 2 252 SF UN}T 402 TOTAL 3,056 SF UNIT 403 1,238 5F UNIT 403 - DORMER 1,103 SF UNIT 403 - LO 253 SF UNIT 403 TOTAL 2,604 SF UNIT 404 1,257 SF UNIT 404 DORMER 935 SF UNIT 404 -10 243 SF UNIT 404 TOTAL 2,435 SE UNIT 405 1,220 SF UNIT 405 - DORMER 1,014 SF UNIT 405 - LO 412 SF UNIT 405 - t0 2 238 SF UNIT 405 TOTAL 2, 8.84 SF UNIT 406 1,193 5F UNIT 406 - DORMER SEE SF UNIT 406 LO 407 SF UNIT 406 TOTAL ?,466 SF 12 TOTAL UN rTS 27,121 SF HOTEL TOTALS UNIT Area HOTEL 1 366 SF HOTEL 2 430 SF HOTEL 3 429 SF HOTEL 4 431 SF HOTEL 366 SF HOTEL 6 366 SF HOTEL 7 379 SF HOTEL8 366 5F HOTEL 9 366 5F HOTEL 10 414 5F HOTEL 11 414 SF HOTEL 11 363 SF HOTEL 13 366 5F HOTEL 14 3715F HOTEL 15 368 SF HOTEL 16 365 SF HOTEL 17 358 SF HOTEL 18 368 5F HOTEL 19 366 SF Area Schedule (GRFA) Dormer Level TYPE UNIT Area Area DISCIPLINE STAMP Dormer Level Level 4 - - - _ _ __- __ 434 - 434 SOUTH FRONTAGE ROAD EAST, VAI L, CO 81657 FOR SALE UNIT 401 - DORMER 815 SF FOR SALE UNIT 402 - DORMER 1072 SF FOR SALE UNIT 403 - DORMER 1103 SF FOR SALE UNIT 404 - DORMER 935 SF FOR SALE UNIT 405 - DORMER 1014 SF FOR SALE UNIT 406 - DORMER 866 SF FOR SALE: 6 FOR SALE 5805 SF Area Schedule (GRFA) Level 4 TYPE UNIT Area DISCIPLINE STAMP Level 4 - - - _ _ __- __ 434 - 434 SOUTH FRONTAGE ROAD EAST, VAI L, CO 81657 FOR SALE UNIT 401 1773 SF FOR SALE UNIT 401 - LO 372 SF FOR SALE UNIT 402 1220 SF FOR SALE UNIT 402 - LO 512 SF FOR SALE UNIT 402 - LO 2 252 SF FOR SALE UNIT 403 1238 SF FOR SALE UNIT 403 - LO 263 SF FOR SALE UNIT 404 1257 SF FOR SALE UNIT 404 - LO 243 SF FOR SALE UNIT 405 1220 SF FOR SALE UNIT 405 - LO 412 SF FOR SALE UNIT 405 - LO -2 238 SF FOR SALE UNIT 406 1193 SF FOR SALE UNIT 406 - LO 424 SF FOR SALE: 14 10617 SF TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP - - - _ _ __- __ 434 - 434 SOUTH FRONTAGE ROAD EAST, VAI L, CO 81657 No. Description Date SDD 03/27/2017 SDD RESUBMITTAL 05/22/2017 SDD RESUBMITTAL 2 05/31/2017 PROJECT NUMBER PROJECT NUMBER ISSUE DATE 03/27/2017 ISSUE PRELIMINARY FLOOR PLANS SHEET TITLE GRFA PLANS - Building SHEET NO. A2.08 ABOVE GRADE / EXISTING 12,599 SQFT 22.34% COVERAGE ZSITE COVERAGE - E 1" = 20'-0" August 1, 2017 - Page 226 of 514 o' 10' 20' 40' ABOVE GRADE PROPOSED - 27,352 SQFT 48.50% COVERAGE 42 SITE COVERAGE - P 1" = 20'-0" oDi 0' 10' 20' 40' TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP m VAILW 434 SOUTI- No. Description Date SDD 03/27/2017 SDD RESUBMITTAL 05/22/2017 SDD RESUBMITTAL 2 05/31/2017 PROJECT NUMBER PROJECT NUMBER ISSUE DATE 03/27/2017 ISSUE PRELIMINARY FLOOR PLANS SHEET TITLE SITE COVERAGE SHEET NO. PROPOSED - 22,996 SQFT 40.07% COVERAGE PHASE II Total Area: 25,981 SQFT Landscape Coverage: 8,280 SQFT (31.86%) ZLANDSCAPE COVERAGE - P 1" = 20'-0" August 1, 2017 - Page 227 of 514 oDI 0' 10' 20' 40' EXISTING 35881 SQFT 63.62% COVERAGE SOUTH FRONTAGE ERIE PHASE II Total Area: 25,975 SQFT Landscape Coverage: 20,774 SQFT (79.85%) 1 LANDSCAPE COVERAGE - E 1 " = 20'-0" 1D1 0' 10' 20' 40' TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP m VAILW 434 SOUTI- No. Description Date SDD 03/27/2017 SDD RESUBMITTAL 05/22/2017 SDD RESUBMITTAL 2 05/31/2017 PROJECT NUMBER PROJECT NUMBER ISSUE DATE 03/27/2017 ISSUE PRELIMINARY FLOOR PLANS SHEET TITLE LANDSCAPE COVERAGE SHEET NO. 8216 (6216 8218 �•••••�••-••-••-••-••-••_• 8214 $212 8212 8210 8208 I EAVE: 8247.5 EAVE: \JJ +/- 61'-7" 8250.5 RIDGE: RIDGE: A +/- 35'-8' EAVE: 8268.3 U +/- 57'-3" B & & 8270.2 � 8270.2 B +/- 55'-4" RIDGE: 8281.5 RIDGE: 8279.8 V +1- 67'-9" KK +/- 69'-2" 8220 ••-••_••-••-••-••-••_••-••-••-••-••_••-••�••�••�••�••�••�• �••�••� 8280 6 = 64'-10" PARAPET TO SCREEN XCHANICAL EQUIPMENT I RIDGE: 8281.1 - LL +/- 68'-2" EAVE: 8268.3 -11 T +/- 60'-3" ROOF HEIGHT PLAN 1/8" = RIDGE: 8279.4 8281.9 EAVE: 8268.3 EAVE: 8272.1 D +/- 52'-4" HH +/- 68'-3" GG +1- 68'-0" 8281.9 8280.9 8281.9 8281.9 23 : HVAC EQUIPMENT RE. MECHANICAL' W +/- 67'-5" u MM +/- 67'-7" 8279.9 PP +/- 55'-3"� RIDGE: 8282.6 EAVE: 0268.3 RIDGE: 8280.3 E +1- 51'-4" FF +/- 67'-3" 8281.9 DD +/- 67' 14 8281.9 EE+/- 67'-8" 8281.8 NN +/- 68'-11" RIDGE: X +/- 67'-0" 23 : HVAC EQUIPMENT RE. MECHANICAL Y +/- .8'-6" F +/- 62'-8" RIDGE: X8280.3 II II EAVE: 8267.1 8276 6 ..8276.6 G +/- 60'-5" CC +/- 65'-11" BB+/ - 61' -10" H +/- 52'-0" RIDGE: 8283.8 RIDGE: AA +/- 69'-0" K +/- 69'-10" 283. • • • • 8220 % % • 8218 a2:i • • • • • • ROOF DECK ROOF DEC ROOF DECK ROOF DECK ROOF DECK ROOF DECK 7" / 12" 7" / 12" 7 EAVE: 7 i 9 1 1 1 1 1 1 EAVE: RIDGE: 8277.7 EAVE: S +1- 69'-6" August 1, 2017 - Page 228 of 514 •• 8268.3 R +/- 59'-7" 8268.3 8268.3 Z +/- 63'-4" RR +/- 61'-9" 8280.6 add L +/- 68'-6" ROOF DECK l SS +/- 58'-10" RIDGE: N +/- 57'-9" _••-••-••_•• Q +/- 68'-8" 8279.3 P +/- 69'-2" I J +/- 56 -11" QQ+/- 57'-0" 8216 8214 a • • • •• • 8212 • `ii • m8212 • • •_•• ftEmmo•• ••_•• Building Height Calculations Existing Grade Elevation Finished Grade Elevation Historic Grade Elevation Roof Elevation Height from most Restrictive Most Restrict ve Grade POINT A 8225 8225 8214.5 8250.2 35.7 8214.5 PONT 8 8224,5 8225 8214.9 8270.2 55.3 8214,9 POINT C 8219.2 8221.9 8215.8 8280.6 64.8 3215.8 POINT D 8225.3 8225.9 8216.1 8268.3 52.2 8216,1 PONT E 8225.8 8221 8217 8268.3 51.3 8217 POINTE 8224.5 8221 8217,6 8280.3 62.7 8217,6 POINT 8217,8 8217.8 8216.2 8276.6 60.4 8216,2 POINT H 8217,1 8269.1 52 8217,1 POINT J 8218,4 8218.4 8212.2 8269.1 56.9 8212,2 POINT K 8215,4 8215,4 8214 8283.8 69.8 8214 POINT L 8212.1 8280.6 68.5 8212,1 POINT IM 8222.5 8222.5 8210.7 8278.7 68 8210.7 PONT N 8220.6 8220.6 8210.6 8268.3 57.7 8210.6 PONT P 8217 8217 8210.2 8279.3 69.1 8210,2 POINT Q 8213.6 8213.6 8209 8277.7 68.7 8209 POINT R 8213.8 8213.8 8208.7 8268.3 59.6 8208.7 POINT S 8212.9 8212.9 8208.2 8277.7 69.5 8208.2 POINT T 8213.6 8213.6 8208.1 8268.3 60.2 8208,1 POINT U 82261 8226.1 8211.1 8268.3 57.2 8211.1 POINT V 8212 8279.8 67.8 8212 PONT W 8212 8279.4 67.4 8212 POINT X 8212.9 8279.9 67 8212,9 POINTY 8213.4 8281.9 68.5 8213,4 PONT Z 8213.2 8276.5 63.3 8213,2 0' 4' 8' 16' Building Height Calculations Existing Grade Elevation Finished Grade Elevation Historic Grade Elevation Roof Elevation Height from most Restrictive most Restrictive Grade POINT AA 8214,8 8283.8 69 8214.8 POINT BB SDD RESUBMITTAL 8214.8 8276.6 61,8 8214.8 POINT CC 8214.4 8280,3 65,9 8214.4 POINT DD 8214.9 8281.9 67 8214.5 POINT EE 8214.1 8281.8 67.7 8214.1 POINT FF 8214.7 8281.9 67.2 8214.7 POINT GG 8213.9 8281,9 68 8213.9 POINT HH 8213.7 8281.9 68.2 3213,7 POINT LJ 8213.9 8275,5 61.6 8213.9 POINT KK 8212.4 8281.5 69.1 8212.4 POINT LL 8213 8281.1 68,1 8213 POINT MINI 8213.3 8280.9 67.6 821.13 POINT NN 8213.7 8282.6 68.9 821.3.7 POINT PP 8224.6 8225 8216.9 8272.1 55,2 8216.9 POINT QQ 8213.8 82118 8212.1 8269.1 57 8212,1 POINT RR 8211.7 8273.5 61.8 8211.7 POINT SS 8217 8217 8209.5 8268.3 58.8 8209.5 TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP __ 434 SOUTH FRONTAGE ROAD EAST, VAI L, CO 81657 No. Description Date SDD 03/27/2017 SDD RESUBMITTAL 05/22/2017 SDD RESUBMITTAL 2 05/31/2017 PROJECT NUMBER PROJECT NUMBER ISSUE DATE 03/27/2017 ISSUE PRELIMINARY FLOOR PLANS SHEET TITLE ROOF HEIGHT SHEET NO. Looking North Looking South Looking South August 1, 2017 - Page 229 of 514 Note: The colors and textures depicted here are to convey transitions and architectural articulation. Physical material samples will be presented during the design review process. 07 4113: METAL ROOF PANEL 1 07 4213: METAL WALL PANEL 1 04 2200 ; ANCHORED STONE MASONRY VENEER 1 1 07 4600 : COMPOSITE SIDING 07 4213: METAL WALL PANEL 2 06 1323 : TIMBER TRELLIS TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP 434 SOUTH FRONTAGE ROAD EAST, VAI L, CO 81657 No. Description Date SDD 03/27/2017 SDD RESUBMITTAL 05/22/2017 SDD RESUBMITTAL 2 05/31/2017 PROJECT NUMBER PROJECT NUMBER ISSUE DATE 03/27/2017 ISSUE SDD SHEET TITLE 3D MASSING SHEET NO. { August 1, 2017 - Page 230 of 514 84' - 0" 23'-0" 43'-6" 17'-6" 07 7253 : SNOW GUARDS WITH SNOW MELT SYSTEM FFS-PMR-2 1111111 111111111111111111 u 1111111111 1111111111111111 111111111111111111111110 r Note: Dormer Level 8269' - 0" Level 4 8258' - 0" IV Level 3 8247 - 0" \T/ 07 4213 : METAL WALL PANEL 2 04 2200 : ANCHORED STONE MASONRY VENEER n• ..... .•• •• moi i 1 1 5 213'-2" 16'-8" 28'-2" 28'-2" 28'-2" 28' - 2" 28' - 2" 26' - 2" 29' - 6" 04 2200 : ANCHORED STONE07 4600 : COMPOSITE SIDING MASONRY VENEER 07 7253 : SNOW GUARDS WITH SNOW MELT SYSTEM 07 4213: METAL WALL PANEL 1 07 6200: DOWNSPOUT 07 6200: ROOF DRAINAGE SYSTEM 07 4113: METAL STANDING SEAM 04 2200 : ANCHORED STONE MASONRY VENEER 07 4600 : COMPOSITE SIDING ..11. ror.. r.s_ ase .rte. ii rr.L... 1 R _ I 111111 II IIIIIII 11111 IIIII 11111111 IIIIIIIIIIIIIIIIII!1111!111111 �IIIIlI1i1l1111l1111 IIIIIIIIIIIII11111_II 11 it I� ��I Isi14111111iuiil11i1 aimilimminummum iL. lininill PI1IH HIM 111 l'': Note: Dormer Level 8269' - 0" rlI Level 4 8258'-0" Level 8247' - 0" rlI 07 4600 : COMPOSITE SIDING Level 2 h 8236' - 6" lTI 06 1323 : TIMBER TRELLIS Level 1 8226' - 0" 2 South Elevation 1/8" = 1'-0" SOUTH ELEVATION AS OF MARCH 2017 r____________________________________________________________________________________________________________________ I 1 1 is -r) le 1 •-•• VIA hrJ oma: ttiss 1 Veito Mari 1 .11:1 larri %MIL Rani 1 1 S i 1 •---"4 7ti i+tir Wel 'TCS ;gore .>Nr • • • eras IsiCaCe la 4 U rru. �ti■ � w � 1 t • • a a gala L rear so r</'7] et • • • •Y rdlw M > t ►Y1��a ~Ar 60 w!• 1 4 i • 1 IMP _IMP __IMP ____IMP ______IMP IMP __IMP ____IMP __IMP IMP ___________________________________________________________IMP __IMP ____IMP __IMP __ August 1, 2017 - Page 231 of 514 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 The colors and textures depicted here are to convey transitions and architectural articulation. Physical material samples will be presented during the design review process. Key Value 04 4313.13 06 1063 Al 07 4113 A01 074213 B1 07 4600 A2 07 6200 C04 07 6200 C07 07 7200 C5 MATERIAL LEGEND Keynote Text 04 2200 : ANCHORED STONE MASONRY VENEER 06 1323 : TIMBER TRELLIS 07 4113: METAL STANDING SEAM 07 4213: METAL WALL PANEL 1 07 4600 : COMPOSITE SIDING 07 6200: ROOF DRAINAGE SYSTEM 07 6200: DOWNSPOUT 07 7253 : SNOW GUARDS WITH SNOW MELT SYSTEM 07 4213: METAL ROOF PANEL 1 07 4213: METAL WALL PANEL 1 ANCHORED STONE MASONRY VENEER 4 07 4600 : COMPOSITE SIDING 07 4213: METAL WALL PANEL 2 06 1323: TIMBER TRELLIS TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP MIIIN•1URitilKITI11 41-i REVISION w 0 -0 N h- LII w O� HO zo I O (1u_ a■ _ > 0 (I) No. Description SDD SDD RESUBMITTAL SDD RESUBMITTAL 2 Date 03/27/2017 05/22/2017 05/31/2017 PROJECT NUMBER ISSUE DATE ISSUE SDD PROJECT NUMBER 03/27/2017 SHEET TITLE OVERALL BUILDING ELEVATIONS SHEET NO. A4.04 1 SITE PLAN SUN SHADE Spring ex10 1 = 30'-0" 0' 15' 30' 60' AZ SITE PLAN SUN SHADE Spring ex2 Iv 1" = 30'-0 August 1, 2017 - Page 232 of 514 0' 15' 30' 60' 2 SITE PLAN SUN SHADE Spring p10 1 " = 30'-0" 0' 15' 30' 60' SITE PLAN SUN SHADE Spring p2 1" = 30'-0" IEB1 0' 15' 30' 60' TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP VAIL MOUNTAIN VIEW REVISION No. Description Date SDD 03/27/2017 SDD RESUBMITTAL 05/22/2017 SDD RESUBMITTAL 2 05/31/2017 PROJECT NUMBER PROJECT NUMBER ISSUE DATE 03/27/2017 ISSUE PRELIMINARY FLOOR PLANS SHEET TITLE SUN/SHADE SPRING SHEET NO. A9.01 1 SITE PLAN SUN SHADE Fall ex10 1 " = 30'-0" 0' 15' 30' 60' Ira SITE PLAN SUN SHADE Fall ex2 ....1" 30`-0" August 1, 2017 - Page 233 of 514 1E!) 0' 15' 30' 60' 2 SITE PLAN SUN SHADE Fall p10 1" = 30'-0" 0' 15' 30' 60' SITE PLAN SUN SHADE Fall p2 1" = 30'-0„ EB1 0' 15' 30' 60' TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP VAIL MOUNTAIN VIEW REVISION No. Description Date SDD 03/27/2017 SDD RESUBMITTAL 05/22/2017 SDD RESUBMITTAL 2 05/31/2017 PROJECT NUMBER PROJECT NUMBER ISSUE DATE 03/27/2017 ISSUE PRELIMINARY FLOOR PLANS SHEET TITLE SUN/SHADE FALL SHEET NO. A9.02 1 SITE PLAN SUN SHADE Summer ex10 1 " = 30'-0" 0' 15' 30' 60' SITE PLAN SUN SHADE Summer ex2 3 1" = 30'-0" August 1, 2017 - Page 234 of 514 0' 15' 30' 60' ZSITE PLAN SUN SHADE Summer p10 1" = 30'-0" 0' 15' 30' 60' SITE PLAN SUN SHADE Summer p2 1" = 30'-0" 0' 15' 30' 60' TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP VAIL MOUNTAIN VIEW REVISION w 0 0iiiiiiiiiii■ r ti LO W w� O� �O zo I=J 0 (I) No. Description Date SDD 03/27/2017 SDD RESUBMITTAL 05/22/2017 SDD RESUBMITTAL 2 05/31/2017 PROJECT NUMBER PROJECT NUMBER ISSUE DATE 03/27/2017 ISSUE PRELIMINARY FLOOR PLANS SHEET TITLE SUN/SHADE SUMMER SHEET NO. A9.03 1 SITE PLAN SUN SHADE Winter ex10 1" = 30'-0" 0' 15' 30' 60' 3 SITE PLAN SUN SHADE Winter ex2 1" = 30'-0" August 1, 2017 - Page 235 of 514 15' 30' 60' ZSITE PLAN SUN SHADE Winter p10 1" = 30'-0" 1E!) 0' 15' 30' 60' ASITE PLAN SUN SHADE Winter p2 1" = 30'-0" 0' 15' 30' 60' TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP VAIL MOUNTAIN VIEW REVISION (f) w 0 iiiiiiiiiii■0 �/ i` LO W w� O� HO zo I=J 0 (I) No. Description Date SDD 03/27/2017 SDD RESUBMITTAL 05/22/2017 SDD RESUBMITTAL 2 05/31/2017 PROJECT NUMBER PROJECT NUMBER ISSUE DATE 03/27/2017 ISSUE PRELIMINARY FLOOR PLANS SHEET TITLE SUN/SHADE WINTER SHEET NO. A9.04 PHASE I EXISTING - GARAGE ENTRY AND POOL DECK PHASE I EXISTING - FROM GORE CREEK TRAIL EXISTING PEDESTRIAN PATH - BETWEEN PHASE I & II August 1, 2017 - Page 236 of 514 APOLLO PARK THE WREN / APOLLO PARK PARKING - FROM 1-70 THE WREN / APOLLO PARK PARKING - FROM 1-70 THE TYROLEAN - FROM 1-70 THE TYROLEAN - FROM GORE CREEK TRAIL BETWEEN THE TYROLEAN AND MOUNTAIN VIEW PHASE I - FROM GORE CREEK TRAIL TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP m VAILW 434 SOUTI- No. Description Date SDD 03/27/2017 SDD RESUBMITTAL 05/22/2017 SDD RESUBMITTAL 2 05/31/2017 PROJECT NUMBER PROJECT NUMBER ISSUE DATE 03/27/2017 ISSUE PRELIMINARY FLOOR PLANS SHEET TITLE Adjacent Buildings SHEET NO. A9■ i 1 213' - 2" 4 29' - 6" 26'-2 06 1323 : TIMBER TRELLIS —07 4213 : METAL)(WALL PANEL 2 28' - 2" L 28' - 2" I_ 28' - 2" I_ 28' - 2" L 28' - 2" 16' - 8" 07 6200: ROOF DRAINAGE SYSTEM 04 2200 : ANCHORED STONE MASONRY VENEER 07 4600 : COMPOSITE SIDING Ilfll111111 01111111iiir - lid 11111111111 �ti S 11 11111111111 11111111 IIIIJ11111uIlH111llliil1111111111III11 T INN :�Illdii 1IIIIIIII 11� 1IIiI1IIH 1111111 • I 4.111111L111 1 North Elevation 1/8" = 1'-0" Dormer Level h 8269' - 0" rlI Level 4 8258'-0" Level 3 8247' - 0" rlI --04 2200 : ANCHORED STONE MASONRY VENEER Level 2 h 8236'-6" lTI Level 1 8226' - 0" NORTH ELEVATION AS OF MARCH 2017 11 IMP ----------IMP —IMP IMP IMP IMP I----------------------------------1 11 11 -- i..r MO 31i • 7 1 il • .31"' L 1 tQ1P Mit .1614 ' 1 1 f t r ia' I i lI I ?i . 1: 1 1 11:111 . Alit Pita. 1 I. 3 u �I 32M..1.104ffltib VINO 1 MA! : >Rr t i 1 1 • i . ■ a! eaT>F : Wet %ILL .1%1161. wI ■ • N YJ illi 17i i • • • • 1 1 i 1 1 • 1 1 1 • • AN, s 1 MMIMINI■ �IMP -IMP -IMP --IMP -----IMP --IMP ----IMP --IMP ----------------- IMP -IMP --IMP IMP IMP ----IMP -IMP --IMP 1 1 1 August 1, 2017 - Page 237 of 514 Note: The colors and textures depicted here are to convey transitions and architectural articulation. Physical material samples will be presented during the design review process. MATERIAL LEGEND Key Value Keynote Text 04 4313.13 04 2200 : ANCHORED STONE MASONRY VENEER 06 1063 Al 06 1323 : TIMBER TRELLIS 07 4213 B1 07 4213: METAL WALL PANEL 1 07 4213 B2 07 4213: METAL WALL PANEL 2 07 4600 A2 07 4600 : COMPOSITE SIDING 07 6200 C04 07 6200: ROOF DRAINAGE SYSTEM 07 4213: METAL ROOF PANEL 1 07 4213: METAL WALL PANEL 1 ANCHORED STONE MASONRY VENEER 07 4600 : COMPOSITE SIDING 07 4213: METAL WALL PANEL 2 r 1 06 1323: TIMBER TRELLIS TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP VAIL MOUNTAIN VIEW REVISION No. Description Date SDD RESUBMITTAL 05/22/2017 SDD RESUBMITTAL 2 05/31/2017 PROJECT NUMBER PROJECT NUMBER ISSUE DATE 03/27/2017 ISSUE SDD SHEET TITLE OVERALL BUILDING ELEVATIONS SHEET NO. A4.05 1 Garage Level 1 1/8" = 14'-01/8" I. 16'-8" 28'-2" I. 28'-2" 28' - 2" i. 28' - 2" I. 28' - 2" I. 26' - 2" 11'-9" 9'-0" 11'-9" 8'-0" 11' - 8'-0" • • L Lu J V1 W 0 9 0 11 TYP 9' L r 5' 11-7 1u4l1 IIII 0, TRASH/ RECYCLE 8�0 j,9'-0" y 1 TYP 1 5' - 10 3/8" • • t • • • • • • • • • • • August 1, 2017 - Page 238 of 514 TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP m z VAILW 434 SOUTI- No. Description Date SDD RESUBMITTAL 05/22/2017 SDD RESUBMITTAL 2 05/31/2017 PROJECT NUMBER PROJECT NUMBER ISSUE DATE 03/27/2017 ISSUE PRELIMINARY FLOOR PLANS SHEET TITLE GARAGE LEVEL 1 SHEET NO. 16'-8" 28' - 2" 28' - 2" 28' - 2" 28'-2" 28' - 2" 26' - 2" 29'-6" 0 M N 1 Level 3 1/8" = KITCHEN L L DINING LIVING MASTER BATH BEDROOM L ELEV. r CORRIDOR 311 r- L T r- 1 II II 11 LOCK OFF BEDROOM 1 KITCHEN 77 DW7 L J—° °J L J POWDER MASTER BATH CLOSET MASTER BATH ENTRY LOCK OFF -BEDROOM CORRIDOR 312 KITCHEN 111_ KITCHEN DINING I I r I 1 II I 1 LOCK OFF II 11 -BEDROOM 1111 I J POWDER MASTER BATH l MASTER BATH jMASTER BEDROOM II I II u I II L 1=J T CLOSET ENTRY KITCHEN DINING I I L-17 L AIL IIL A I I BEDROOM ENTRY BEDROOM ASTER BEDROOM 7 11E REF LIVING .� I,mI I,�,I 11•,I - i -••-••-••-• -••-••- • ..1 • L • 1=EL •i •iMill 111i 111-4111-i4111 41/111i • t • • • • • • • • • • • / Y •-•• •• ••a••am August 1, 2017 - Page 239 of 514 0' 4' 8' 16' ARCHITECTURAL NOTES 1. REFER TO SHEET A0.01, A0.02 FOR BLDG ENCLOSURE ASSEMBLIES, PARTITIONS TYPES A1.10. 2. ALL ROOFS TO SLOPE MINIMUM 1/4" OVER 1' - 0". 3. ELECTRICAL METER AND SERVICE TO BE MOUNTED AT GARAGE LEVEL ?, COORDINATE METER AND PANEL LOCATION WITH OWNER. 4. ELECTRICAL CONTRACTOR SHALL PROVIDE DESIGN BUILD SECURITY SYSTEM, CORD. WITH OWNER. 5. SMOKE ALARMS SHALL BE PROVIDED IN ALL BEDROOMS, AND OUTSIDE OF ALL BEDROOMS AND ON EACH FLOOR AS REQUIRED. 6. MECHANICAL SYSTEM SHALL. 7. WATER PIPES RUNNING NEXT TO OR WITHIN EXTERIOR WALLS TO BE INSULATED W/ 2" MIN CLOSED CELL INSULATION. 8. ALL DIMENSIONS ARE TO FACE OF STUD, GRID LINE, FACE OF MASONRY OR CONCRETE, U.N.O. 9. WHERE "CLEAR" IS CALLED OUT ON A DIMENSION, PROVIDE DIMENSION FROM FACE OF FINISH TO FACE OF FINISH. 10. FURNITURE IS NOT IN CONTRACT, U.N.O. AND SHOWN FOR DIAGRAMATIC PURPOSES. 11. CONTRACTOR SHALL COORDINATE ALL MEANS, METHODS, SEQUENCES PROCEDURES AND SCHEDULES OF ALL CONSTRUCTION ACTIVITIES AND OPERATIONS FOR THE CONSTRUCTION OF THE PROJECT. 12. CONTRACTOR RESPONSIBLE FOR OBTAINING AND COMPLYING WITH ALL PERMITS. 13. CONTRACTOR RESPONSIBLE FOR COMPLYING WITH ALL MANUFACTURERS RECOMMENDATIONS FOR STORAGE, PREPARATION, FABRICATION, INSTALLATION AND CURING OF MATERIALS AND SYSTEMS. 14. DIMENSION FROM EDGE OF DOOR FRAME (HINGE SIDE) TO FACE OF ADJACENT PERPENDICULAR WALL TO BE 4" U.N.O. 15. PROVIDE BLOCKING FOR WALL MOUNTED ELECTRICAL FIXTURES, BATHROOM ACCESSORIES, HANDRAILS, CHAIR RAILS, WAINSCOTING, ARTWORK, ETC. 16. RE: DOOR SCHEDULE AND DOOR HARDWARE SETS. 17. REFER TO BUILDING PLANS, RCP, EXTERIOR ELEVATIONS FOR WINDOW LOCATION AND TYPE TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP m VAILW 434 SOUTI- No. Description Date SDD 03/27/2017 SDD RESUBMITTAL 05/22/2017 SDD RESUBMITTAL 2 05/31/2017 PROJECT NUMBER PROJECT NUMBER ISSUE DATE 03/27/2017 ISSUE PRELIMINARY FLOOR PLANS SHEET TITLE OVERALL LEVEL 3 SHEET NO. N 1 Level 4 1/8" = 1'-0" 16'-8" 28' - 2" 28' - 2" 28'-2" 28'-2" 28' - 2" 26' - 2" 29'-6" 0 KITCHEN DW �M r — _L DINING LIVING BEDROOM MASTER BATH 111 111 111 111 111 111 111 11 111 9 TOIL CORRIDOR 411 MASTER, CLOSET CLOSET L -- KITCHEN ENTRY 11 r- MASTER BEDROOM L L▪ A r= L▪ J \ L▪ J [r7 L▪ J MASTER BEDROOM BEDROOM 1-11 11 I I I 11 CLOSET MASTER BATH r-1 1 L -J MASTER BATH CLOSET ELEV. r b KITCHEN KITCHEN DINING 1 MASTER BATH N ASTER BATH MASTER BEDROOM MASTER BEDROOM 77 LJ 1R- T CLOSET KITCHEN LOSET CORRIDOR 413 CLOSET NTRY LLL 4 - BATH Ci W/D BEDR DM • • • • • • • • • r L -J r-1 L -J L -J 11'-51/2" LIVING r L I I 1 _••_•1 ••_••_•L_••_••_••_• I I I _••_••_ ..1 • L • ••• EmL •i •i il-i• .-ifi• .i 10 • OM\••MEIN August 1, 2017 - Page 240 of 514 0' 4' 8' 16' ARCHITECTURAL NOTES 1. REFER TO SHEET A0.01, A0.02 FOR BLDG ENCLOSURE ASSEMBLIES, PARTITIONS TYPES A1.10. 2. ALL ROOFS TO SLOPE MINIMUM 1/4" OVER 1' - 0". 3. ELECTRICAL METER AND SERVICE TO BE MOUNTED AT GARAGE LEVEL ?, COORDINATE METER AND PANEL LOCATION WITH OWNER. 4. ELECTRICAL CONTRACTOR SHALL PROVIDE DESIGN BUILD SECURITY SYSTEM, CORD. WITH OWNER. 5. SMOKE ALARMS SHALL BE PROVIDED IN ALL BEDROOMS, AND OUTSIDE OF ALL BEDROOMS AND ON EACH FLOOR AS REQUIRED. 6. MECHANICAL SYSTEM SHALL. 7. WATER PIPES RUNNING NEXT TO OR WITHIN EXTERIOR WALLS TO BE INSULATED W/ 2" MIN CLOSED CELL INSULATION. 8. ALL DIMENSIONS ARE TO FACE OF STUD, GRID LINE, FACE OF MASONRY OR CONCRETE, U.N.O. 9. WHERE "CLEAR" IS CALLED OUT ON A DIMENSION, PROVIDE DIMENSION FROM FACE OF FINISH TO FACE OF FINISH. 10. FURNITURE IS NOT IN CONTRACT, U.N.O. AND SHOWN FOR DIAGRAMATIC PURPOSES. 11. CONTRACTOR SHALL COORDINATE ALL MEANS, METHODS, SEQUENCES PROCEDURES AND SCHEDULES OF ALL CONSTRUCTION ACTIVITIES AND OPERATIONS FOR THE CONSTRUCTION OF THE PROJECT. 12. CONTRACTOR RESPONSIBLE FOR OBTAINING AND COMPLYING WITH ALL PERMITS. 13. CONTRACTOR RESPONSIBLE FOR COMPLYING WITH ALL MANUFACTURERS RECOMMENDATIONS FOR STORAGE, PREPARATION, FABRICATION, INSTALLATION AND CURING OF MATERIALS AND SYSTEMS. 14. DIMENSION FROM EDGE OF DOOR FRAME (HINGE SIDE) TO FACE OF ADJACENT PERPENDICULAR WALL TO BE 4" U.N.O. 15. PROVIDE BLOCKING FOR WALL MOUNTED ELECTRICAL FIXTURES, BATHROOM ACCESSORIES, HANDRAILS, CHAIR RAILS, WAINSCOTING, ARTWORK, ETC. 16. RE: DOOR SCHEDULE AND DOOR HARDWARE SETS. 17. REFER TO BUILDING PLANS, RCP, EXTERIOR ELEVATIONS FOR WINDOW LOCATION AND TYPE TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP 434 SOUTI- No. Description Date SDD 03/27/2017 SDD RESUBMITTAL 05/22/2017 SDD RESUBMITTAL 2 05/31/2017 PROJECT NUMBER PROJECT NUMBER ISSUE DATE 03/27/2017 ISSUE PRELIMINARY FLOOR PLANS SHEET TITLE OVERALL LEVEL 4 SHEET NO. 8216 r 8214 821bt o7- 8212 2128212 • b21b 821813' 8220 $22° g221� 22° 8220 ••MO••--_-• 8222 8220 8218 a21 8210 PARAPET TO SCREEN MECHANICAL EQUIPMENT 23 : HVAC EQUIPMENT RE. MECHANICAL • $20$ 8208 TYROLEAN ••_• 8216 s‘ • • '8212 8214 SIM • • SIM • • GM • • $212 •• 8206 ••• • 821° I• o 8204 8202 8200 X200 (06 8206 8210 8208 1 HISTORIC GRADE MAP 1 " = 10'-0" 8190 8180 � 3 ?D:\ 8204 s202 8202 August 1, 2017 - Page 241 of 514 0' 5' 10' 20' TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP 434 SOUTH FRONTAGE ROAD EAST, VAI L, CO 81657 No. Description Date SDD RESUBMITTAL 05/22/2017 SDD RESUBMITTAL 2 05/31/2017 PROJECT NUMBER PROJECT NUMBER ISSUE DATE 03/27/2017 ISSUE PRELIMINARY FLOOR PLANS SHEET TITLE HISTORIC GRADE MAP SHEET NO. A2■ PROSPECTIVE VIEWS AS OF MARCH 2017 August 1, 2017 - Page 242 of 514 1111111M111 111111111111111111111M111 111M1111111111M111 111M111 1111111M)11 111M)111111111M)11 1 1 1 1 1 _ , 1 1 1 1 1 _ _ 1 a't - � �� _ _til ■ � ■ _ � _ - 1 I I Lacking North 1 1 1 1 1 1 1 - 1 1 I T I I F1 1 1 1 1 1 1 � � I � IIS• � '_...�- 1 ■ 1 1 1 1 • 1 1 1 1 Lo -coking &Math 1 1 1 1 1 I _ 1 1 1 1 1 1 , w 1 1 1 1 Y , I 1 1 1 1 1 1_ ,�■hg_ 1 1 ,■■ 1 - 1 1 -,ti '111. 1 1■ 1 1 '1 1 1 1 1 1 1 1 1 1 1 1 1 Lip South -------------------------------------------------------------� Note: The colors and textures depicted here are to convey transitions and architectural articulation. Physical material samples will be presented during the design review process. 07 4113: METAL ROOF PANEL 1 07 4213: METAL WALL PANEL 1 04 2200 ; ANCHORED STONE MASONRY VENEER 1 07 4600 : COMPOSITE SIDING 07 4213: METAL WALL PANEL 2 06 1323 : TIMBER TRELLIS TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP 434 SOUTH FRONTAGE ROAD EAST, VAI L, CO 81657 No. Description Date SDD RESUBMITTAL 05/22/2017 SDD RESUBMITTAL 2 05/31/2017 PROJECT NUMBER PROJECT NUMBER ISSUE DATE 03/27/2017 ISSUE PRELIMINARY FLOOR PLANS SHEET TITLE 3D MASSING AS OF 3-27-17 SHEET NO. August 1, 2017 - Page 243 of 514 84' - 0" i 17'-6" i 43'-6" i 23'-0" i 07 7253 : SNOW GUARDS WITH SNOW MELT SYSTEM 07 6200: ROOF DRAINAGE SYSTEM— I 1[LL Ij 1 West Elevation 1/8 = 1 '-0" — ! 07 4113: METAL STANDING SEAM 07 6200 : DOWNSPOUT 07 4213: METAL WALL PANEL 1 06 1323 : TIMBER TRELLIS 07 4600 : COMPOSITE SIDING Dormer Level 8269' - 0" 111111°611611111111111111. I 04 2200: ANCHORED STONE MASONRY VENEER MI.MIBM 11 16,.,of4,.7.L7 ;�^r' n i m..... Level 4 8258' - 0" Level 3 8247' - 0" Level 2 8236' - 6" Level 1 8226' - 0" Garage Level 3 8214' - 6" WEST ELEVATION AS OF MARCH 2017 1 1 t a 41• 1 1 1 1 1 1 1 1 1 1 1 '14113 111104. :TAN][U(SEAM I --------- - -�- 1 4-213 UV& Wit AMIFII 1 1 1 1 I me_ -1_ - eMNI. —.Ma. 6 1 1 •Mkt r 1 1 1 P We ' tii1 DOD SI Lft G 1 1 1 1 1 1 1 1.400-41- I Oa 7.013 AP.1.1404,k3 001bit 144.1 4RY WHIR 1 1 1 1 1 1 1 1 1 1 1 West Elevation 14 _ �• . 1 1 i 11.-t1• t1.11,11.11.11.11.11.11.11.11.11.11.11.11.11.11.11.11.11.11.11.11.11.11.11.11.11.11.11.11.11.11.11.11.11.11• t1, t1, t1, t1, t1, t1, t1, t1, t1, t1, 1111 t1• t1• t1, t1• t1, t1, t1• t1, t1• t1• t1, 11.1 1 11,1 0 11,1 11 111,11.11• t1, t1• t1, t1• t1• t1, t1• Note: The colors and textures depicted here are to convey transitions and architectural articulation. Physical material samples will be presented during the design review process. MATERIAL LEGEND Key Value Keynote Text 04 4313.13 04 2200 : ANCHORED STONE MASONRY VENEER 06 1063 Al 06 1323 : TIMBER TRELLIS 07 4113 A01 07 4113: METAL STANDING SEAM 07 4213 B1 07 4213 : METAL WALL PANEL 1 07 4600 A2 07 4600 : COMPOSITE SIDING 07 6200 C04 07 6200: ROOF DRAINAGE SYSTEM 07 6200 C07 07 6200: DOWNSPOUT 07 7200 C5 07 7253 : SNOW GUARDS WITH SNOW MELT SYSTEM 07 4213: METAL ROOF PANEL 1 07 4213: METAL WALL PANEL 1 ANCHORED STONE MASONRY VENEER 07 4600 : COMPOSITE SIDING 07 4213: METAL WALL PANEL 2 06 1323: TIMBER TRELLIS TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP VAIL MOUNTAIN VIEW REVISION 0 (I) CC1) No. Description Date SDD RESUBMITTAL 05/22/2017 SDD RESUBMITTAL 2 05/31/2017 PROJECT NUMBER PROJECT NUMBER ISSUE DATE 03/27/2017 ISSUE PRELIMINARY FLOOR PLANS SHEET TITLE OVERALL BUILDING ELEVATIONS SHEET NO. A4.03 • • SOUTH FRONTAGE ERp E BELOW GRADE EXISTING 39,424 SQFT 69.91% COVERAGE ZSITE COVERAGE SUBGRADE - E 1" = 20'-0" • • August 1, 2017 - Page 244 of 514 11) 0' 10' 20' 40' • • • 't J 111 • • 1 r • • • • • • SOUTH FRONTAGE ERp E BELOW GRADE PROPOSED 39,880 SQFT 70.07% COVERAGE 1 SITE COVERAGE SUBGRADE - P 1 " = 20'-0" • 0' 10' 20' 40' • 1 • 1 1 •• 1 •• 1 • 1 • 1 TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP ___ 434 SOUTH FRONTAGE ROAD EAST, VAI L, CO 81657 No. Description Date SDD RESUBMITTAL 05/22/2017 SDD RESUBMITTAL 2 05/31/2017 PROJECT NUMBER PROJECT NUMBER ISSUE DATE 03/27/2017 ISSUE PRELIMINARY FLOOR PLANS SHEET TITLE SITE COVERAGE SHEET NO. d -° a; d 4° EXTERIOR STAIR, -.TO UNITS. , °4 4 _ 4 ACCESSIBLE EXTERIOR RAMP TO LOBBY as RAMP RAMP 9'-4" jr 5'-0" ELEVATOR TO LOBBY r - INTERIOR STAIR' TO LOBBY 8214.5, SKI LOCKERS L RAMP F.A.C.P. �_ ■ ■ ■_■ ■__■ ■__■ _ iir m■•PARKING ,■ ■ I .mi ■1 ■1 . _ %-r:17-17,m.-y17.0„0:111- 1... i■�■ ■_ ■_■ ■_■■■■.■■■■__-r■ ■m ■ri I■ .■I .■I ■I .■ ■ ■■■ .m ■■■ ■■■ ■■■ ■I =!-��■. !RAMP DOWN ■iiiii� ■! ■!■.; • S S APOLLO PARK (SURFACE LOT 1 1/8" = August 1, 2017 - Page 246 of 514 ADA EXHIBIT 0 OM NO 0 taffism$ TOWN STAMP 3 5 9 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP 434 SOUTH FRONTAGE ROAD EAST, VAI L, CO 81657 No. Description Date SDD RESUBMITTAL 2 05/31/2017 PROJECT NUMBER PROJECT NUMBER ISSUE DATE 03/27/2017 ISSUE PRELIMINARY FLOOR PLANS SHEET TITLE ADA EXHIBIT SHEET NO. A9■ August 1, 2017 - Page 247 of 514 1 1 1 1 1 20' SETBACK 1 1 1 • 1 1-- • • 1 • • 1 • 1 • 1• • • 1 • 1 • • • • • 1 •1 1 North Elevation Tyrolean Views Copy 1 1/4" = PROPERTY LINE BETWEEN MOUTAIN VIEW AND TYROLEAN 1 1 1 1 1 1 1 20' SETBACK IM i i i ii i i i i i i i i I= =I 1= 4 1 1 1_i 1 1 1 1 1 1 1 1 1 i 1 1- 1 1 1 1 1 1 48' ABOVE HISTROIC GRADE Dormer Level 8269' - 0" Level 4 - 825588' - 0" Level 3 8247 - 0" _Level 2 %1 8236' - 6" \T/ 1 822626 -' 0" TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP VAIL MOUNTAIN VIEW REVISION v/ w 0 No. Description Date SDD RESUBMITTAL 2 05/31/2017 PROJECT NUMBER PROJECT NUMBER ISSUE DATE 03/27/201' 7' ISSUE PRELIMINARY FLOOR PLANS SHEET TITLE HEIGHT EXHIBIT SHEET NO. A9.14 69' 11" Above Historic Grade - 48' Above Historic Grade ENINnom MIME 3 Site SECTION 3 1/16" = 1'-0" EIMEM IMMIME - - - - MIMEO CIO U) - WINNER Dormer Level h 8269' - 0" Y MEM Level 4 %1 8258'-0" �T/ _Level 3 8247' - 0" _ Level 2 l!i? 8236'-6" _ Level 1 8226'-0" Garage Level 3 8214'-6" Garage Level 2 8203' - 0" Garage Level 1 8191'-6" 4 Site SECTION 4 1/16" = 1'-0" IIMME ORONO MIME Dormer Level 8269' - 0" Lev ' -0" 8258'-0" Level 3 8247' - 0" Level 2'-" h 8236'- 66" IV Level 0" h 8226'- Y _Garage Level 3 8214'-6" _ _Garage Level 2 h 8203' - 0" IV _Garage Level 1 819T- 6" August 1, 2017 - Page 248 of 514 69' 11" Above Historic Grade 48' Above Historic Grade EIMMIMM MIME - - MIND _ _ _ -- - - MIMEO 2 Site SECTION 2 1/16" = 1'-0" 8210 - - OEM Dormer Level1!1.;) 8269' - 0" Level 4 8258'-0" Level 3 %1 8247'-0" lT/ Level 2 8236'-6" 26' - 0" Garage Level 3 8214'-6" _ Garage Level 2 8203' - 0" _ _ Garage Level 1 8191' - 6" 69' 11" Above Historic Grade 48' Above Historic Grade Site SECTION 1 EImme C) U) ERIMM IIMME - - - ERMINE INNEN Dormer Level 8269' - 0" Level 4 8258'-0" Level 3 8247'-0" Level 2 8236' - 6" Level 1 8226'-0" _ _ Garage Level 3 8214'-6" _ _ Garage Level 2 8203' - 0" Garage Level 1 8191' - 6" 1/16" = TOWN STAMP 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 DISCIPLINE STAMP - _ _ w 434 SOUTH FRONTAGE ROAD EAST, VAI L, CO 81657 No. Description Date SDD RESUBMITTAL 2 05/31/2017 PROJECT NUMBER PROJECT NUMBER ISSUE DATE 03/27/2017 ISSUE SDD SHEET TITLE SITE SECTIONS SHEET NO. 0:1Vai11Mountain View-20171dwg1Master\Cover.dwg, 5/30/2017 11:45:42 AM, Leininger TOWN OF VAIL - GENERAL NOTES 1. Obtain a Public Way permit from the Town of Vail Department of Public Works, (970) 479-2158. Obtain all required building permits through the Town of Vail Department of Community Development, 75 S. Frontage Road, Vail, CO, 81657. 2. All contractors shall be licensed to perform work within the Town of Vail. Obtain and pay for contractor's license at the Town of Vail Department of Community Development, 75 S. Frontage Road, Vail, CO 81657. 3. The contractor shall obtain all necessary standards, specifications, permits, bonds, etc. from all applicable agencies prior to commencement of construction. 4. The public and the Town of Vail will have the right occupy the public Right -of -Way and adjacent facilities during the entire period of construction. Perform site work operations to minimize conflicts and to facilitate use of the premises and conduct of normal operations. 5. All materials, workmanship, and construction of public improvements shall meet or exceed the standards and specifications set forth in the Town of Vail Code, Development Standards Handbook, Construction Details and applicable state and federal regulations. Where there is conflict between these plans and the specifications, or applicable standards, the most restrictive standard shall apply. All work shall be inspected and approved by the Town of Vail. 6. All references to any published standards shall refer to the latest revision of said standard, unless specifically stated otherwise. 7. The engineer who has prepared these plans, by execution and/or seal hereof, does hereby affirm responsibility to the Town of Vail, as beneficiary of said engineer's work, for any errors and omissions contained in these plans, and approval of these plans by the Town of Vail Engineer shall not relieve the engineer who has prepared these plans of all such responsibility. Further, to the extent permitted by law, the engineer hereby agrees to hold harmless and indemnify the Town of Vail, and its officers and employees, from and against all liabilities and damages which may arise from any negligent errors and omissions contained in these plans. 8. All sanitary sewer, storm sewer, and water line construction, as well as power and other "dry" utility installations, shall conform to the local utility entities standards and specifications current at the date of approval of the plans by the Town of Vail. 9. The type, size, location and number of all known underground utilities are approximate when shown on the drawings. It shall be the responsibility of the contractor to verify the existence and location of all underground utilities along the route of the work before commencing new construction. The contractor shall be responsible for unknown underground utilities. 10. These drawings represent only the approximate location of utilities and are included only for the convenience of the contractor. Contractor shall be responsible for locating all utilities, pipes and structures. Contact utility notification center of Colorado (800)-922-1987 to locate underground facilities. Contact Town of Vail for additional locates (970) 479-2158. Contact Eagle River Water and Sanitation District for additional locates (970)-476-7480 ext. 114. Utility locates to be performed at least 72 hours prior to any construction activity. Contractor shall ensure that work preformed in the proximity to utilities shall be according to the requirements of the requirements of these agencies. The contractor shall notify the owner's representative of any existing utilities which may interfere with the proposed work prior to construction. The contractor shall repair all existing utilities to remain which are damaged during construction at no additional cost to the owner. 11. The contractor shall coordinate and cooperate with the Town of Vail, and all utility companies involved, assuring that the work is accomplished in a timely fashion and with a minimum disruption of service. The contractor shall be responsible for contacting, in advance, all parties affected by any disruption of any utility service as well as the utility companies. 12. A State Construction Dewatering Wastewater Discharge Permit is required if dewatering is required in order to facilitate construction or if any water is discharged into a storm sewer, channel, irrigation ditch or any waters of the United States. 13. The contractor shall submit for approval and comply with all terms and conditions of the Colorado Permit for Storm Water Discharge (Contact Colorado Department of Health, Water Quality Control Division, at (303) 692-3590) OR the Town of Vail Storm Water Discharge Permit (Contact 970-479-2333) whichever is deemed necessary, the Storm Water Management Plan, and the Erosion Control Plan. Alpine Engineering will prepare the Storm Water Permit, and SWMP and Erosion Control Plan. 14. Contractor shall provide and maintain approved erosion and sediment control "best management practices" (BMP) for the project duration. Contractor shall inspect BMP's weekly and after every precipitation event. Contractor shall document inspection and make reports available upon request. Accumulated sediment and debris shall be removed from a bmp when the sediment level reaches one half the bmp heights or, at any time that the BMP functionality is adversely impacted. All necessary maintenance and repair shall be completed within 48 hours of identification, unless otherwise agreed upon. 15. The Town of Vail shall not be responsible for the maintenance of storm drainage facilities located on private property. Maintenance of on site drainage facilities shall be the responsibility of the private owners. 16. The Town of Vail shall not be responsible for any damage or injuries sustained as a result of the construction of this project as a result of groundwater seepage, whether resulting from groundwater flooding, structural damage or other damage. 17. The contractor shall be responsible for insuring that no mud or debris shall be tracked onto the existing public street system. Mud and debris must be removed within 24 hours by an appropriate mechanical method (i.e. machine broom sweep, light duty front-end loader, etc.) or as approved by the Town of Vail construction inspector. 18. The contractor shall notify the Town of Vail Construction Inspector (970-479-2198) 72 hours prior to the start of any construction. If work is suspended for any period of time after initial start-up, the contractor shall notify the Town of Vail of reason for suspension and estimated time of suspension. Contractor shall notify the Town of Vail 72 hours prior to restart of construction. 19. The contractor shall notify the Town of Vail Environmental Health Inspector (970-479-2333) at least 2 working days prior to the start of any earth disturbing activity, or construction on any and all public improvements. 20. The Owner shall be responsible for obtaining and submitting to the Town of Vail Construction Inspector material tests in accordance with the applicable standards and specifications for all work within the Public Right -of -Way. If the final soils/pavement design report does not correspond with the results of the original geotechnical report, the Owner shall be responsible for a re -design of the subject pavement section. All final soils/pavement design reports shall be prepared by a licensed Professional Engineer. The final report shall be submitted to the Town of Vail Construction Inspector prior to placement of base and asphalt. 21. Prior to placement of H.B.P. or concrete within the public Right of Way a mechanical "proof roll" will be required. The entire subgrade and/or base material shall be rolled with a heavily loaded vehicle having minimum single axle weight of at least 18,000 lbs. Any subgrade/base section exhibiting excessive pumping or deformation as determined by the construction inspector shall be reworked, replaced or modified to form a non -yielding surface. The Town of Vail Construction inspector shall be notified 24 hours prior to a "proof roll". 22. The contractor shall furnish electronic and hard copy reproducible As -Built record drawings showing horizontal and vertical locations and elevations of constructed improvements including all utilities, and drainage appurtences prior to acceptance of the project. 23. The contractor shall video camera (TV) all installed public storm sewer pipe prior to final paving and/ or other final surface treatments are completed. A copy of the video taping shall be provided to the Town of Vail for review and approval and record keeping. 24. The contractor shall be responsible for all aspects of safety -including, but not limited to, excavation, trenching, shoring, traffic control, and security. Refer to OSHA Publication 2226, Excavating and Trenching. 25. The contractor shall submit and have approved a Construction Traffic Control Plan, in accordance with the MUTCD (Manual of Uniform Traffic Control Devices), to the Town of Vail Construction inspector, prior to any construction activities within, or affecting, the Right -of -Way. The contractor shall be responsible for providing any and all traffic control devices as may be required by the construction activities. 26. The contractor shall submit to the Town of Vail Construction Inspector and gain approval for a construction staging plan, schedule and phasing plan prior to the start of construction. 27. Construction sites and staging areas must be fenced and maintained in a secure condition at all times. Keep fencing and surrounding areas clear of trash and debris. Any construction debris or mud dropped into manholes, pipes, .or tracked onto existing roadways shall be removed immediately by contractor. Contractor shall repair any excavations or pavement failures caused by construction within or in the vicinity of the limits of construction. The contractor shall be responsible for damage due to construction at no additional costs to owner. The contractor shall remove all sediment, mud, and construction debris that may accumulate in the flow lines, private property, and public rights of ways of the town as a result of this construction project. Removal shall be conducted within 48 hours. Return all construction staging sites to their original condition upon completion of the construction project. 28. Dimensions for layout and construction are not to be scaled from any drawing. If pertinent dimensions are not shown, contact the Designer for clarification, and annotate the dimension on the as -built record drawings. 29. The contractor shall have, onsite at all times, one (1) signed copy of the approved plans, one (1) copy of the appropriate standards and specifications, and a copy of any permits and extension agreements needed for the job. 30. If, during the construction process, conditions are encountered which could indicate a situation that is not identified in the plans or specifications, the contractor shall contact the Owner, the Design Engineer and the Town of Vail Construction Inspector immediately. 31. The Designer shall provide, in this location on the plan, the location and description of the nearest survey benchmarks for the project as well as the basis of bearings. The information shall be as follows: Project Benchmark: HARN CONTROL POINT 'SPRADDLE'. ELEV: 8287.82 Basis of Bearings: THE LINE CONNECTING THE MONUMENTS FOUND AT THE CENTER' CORNER AND THE WEST 1/4 CORNER OF SECTION 12, T5S, R81W OF THE 6TH P.M. BEING N89°25'23"E. Project Benchmark and Basis of Bearings provided by Peak Land Consultants. 32. Locate, protect, and maintain bench marks, monuments, control points and project engineering reference points. Reestablish disturbed or destroyed items at Contractor's expense. 33. The contractor shall be responsible for replacement of any existing materials that are damaged during construction within the limits of construction or in the vicinity of the limits of construction, at no additional cost to the Owner. 34. When an existing asphalt street must be cut, the street must be restored to a condition equal to or better than its original condition. Patching shall be done in accordance with the Town of Vail Street Repair Standards and/or CDOT requirements. The seams of the asphalt patches shall be infrared unless otherwise instructed by the Town of Vail Engineer. 35. Upon completion of construction, the site shall be cleaned and restored to a condition equal to, or better than, that which existed before construction, or to the grades and condition as required by these plans. 36. Standard Handicap ramps are to be constructed at all curb returns as identified on these plans. The construction of these handicap ramps shall be in accordance to ADA current standards. 37. After acceptance by the Town of Vail, public improvements depicted in these plans shall be guaranteed to be free from material and workmanship defects for a minimum period of two years from the date of acceptance. 38. The Contractor shall be solely and completely responsible for the conditions at and adjacent to the job site, including safety of persons and property during performance of the work. The contractor shall provide lights, signs, barricades, flagmen, or other devices necessary to provide for public safety, pedestrian and vehicular access as needed. This requirement shall apply continuously and not be limited to normal working hours. 39. The Contractor shall not willfully proceed with construction as designed when it is obvious that previously unknown obstructions and/or grade differences exist that may not have been known during design. Such conditions shall be immediately brought to the attention of the owner's representative for decision. The contractor shall assume full responsibility for all necessary revisions and repairs due to failure to give such notification at no additional cost to the Owner. 40. At the end of each working day, the Contractor shall be responsible for connecting the existing storm drainage pipes to the newly installed storm drainage system. All drainage systems within the construction limits shall be maintained by the Contractor for the entire duration of the construction project. The contractor shall be responsible to maintain all drainage within the construction site and offsite drainage which is directly affected by construction. 41. Contractor shall be responsible for maintaining the operation of the existing Town street lights within the project limits. The contractor may provide temporary street lighting approved by Town of Vail, when existing street lights are removed. 42. Contractor shall be responsible for maintaining the operation of existing Town irrigation lines within the project limits unless otherwise approved by the Town of Vail. 43. It is the responsibility of the contractor to protect and preserve all trees, bushes, shrubs and cover in a manner acceptable to the owner. All areas of Town of Vail Right -of -Way disturbed during construction shall be well graded to drain, covered with a minimum of 4 -inches of top soil, fertilized, mulched and re -seeded according to the Town of Vail's standard specifications. 44. Contractor shall maintain access to fire department hydrants and connections shall be maintained throughout construction unless otherwise approved by the Town of Vail Fire Department. FOR BURIED UTIIJTY INFORMATION THREE (3) BUSINESS DAYS BEFORE YOU DIG CALL 811 (Q 1-8C0-922-1987) U11UTY NOTIFICATION CENTER OF COLORADO (UNCC) www.uncc.org PRELIMINARY JUNE, 2017 NOT FOR CONSTRUCTION August 1, 2017 - Page 249 of 514 ICINITY MAP 0 O 7. ( FORD PARK 19, O \ L 0�0 \\ r- / - ,tea%/ O \\ \\ SCALE: 1"T 3c GENERAL NOTES \\ 0 ° 0 O /i Do / LO. O /i 1. The contractor shall conform to all Town of Vail (TOV) rules, regulations and stipulations while accessing the site or working on the site. 2. The Contractor is warned that conflicts with existing utility services may exist, including shallow utilities, culverts, sub -drains, roof drains, irrigation lines, water and sewer lines, electric service lines, etc. Prior to beginning any construction, the Contractor shall contact all appropriate utility companies for line locations, and Contractor shall then locate all utilities (including depth). Alpine Engineering, Inc. assumes no responsibility for utility locations. Any conflicts with the proposed construction shall be brought to the attention of the Engineer so that minor line or grade changes can be made to eliminate any conflicts with these existing utilities. All existing utilities shall be protected from damage by the Contractor. Utilities that are damaged by the contractor that were properly marked/located shall be repaired by the contractor at no expense to the owner or engineer. 3. All work shall conform to the Technical Specifications. 4. Contractor shall obtain at his expense all permits and inspections which are necessary to perform the proposed work. 5. Observations of the work in progress and on-site visits are not to be construed as a guarantee or warranty by the Engineer of the Contractor's contractual responsibilities. 6. Safety is the responsibility of the Contractor. The Engineer is not responsible for safety in, on, or about the project site, nor for compliance by the appropriate party with any regulations relating thereto. 7. The contractor shall take all appropriate precautions to significantly reduce any potential pollution caused by his activities, including vehicle fueling, storage of fertilizers or chemicals, etc. The contractor shall have identified procedures for handling potential pollutants and have identified spill prevention and response procedures prior to any activities at the project site. 8. If any groundwater is encountered, the contractor shall contact Alpine Engineering, Inc. and the Project Geotechnical Engineer immediately. 9. 10. 11. The contractor shall maintain existing drainage channels, culverts and appurtenances during construction as necessary to protect roads and property. Contractor shall minimize construction disturbance to the satisfaction of the owner. Contractor is to dispose of spoil material off site. 12. The Contractor shall protect and preserve all trees, bushes, shrubs and ground cover, not designated for removal, in a manner acceptable to the Owner. Contractor is to repair and/or replace any landscaping damaged as a result of construction to a condition equal to or better than existing. 13. Existing survey information was provided to AEI by others. 14. Off-site roads shall be kept clean to the satisfaction of the owner and TOV. 15. The Contractor shall provide all lights, signs, barricades, flagmen, or other devices necessary to provide for public safety in accordance with the current Manual on Uniform Traffic Control Devices. 16. The Contractor is responsible to install and maintain sediment control measures to insure that sediment -laden water does not leave the site. Certain sediment control measures have been shown these plans. These measures may not be all that is necessary to provide adequate sediment and erosion control. Contractor shall provide ongoing inspection and maintenance of all sediment control features. 17. All inlet frames/grates, manhole and vault lids, valve box covers and irrigation boxes shall be set to match the adjacent finished grades and slopes. 18. Any water valve box or sewer manhole adjustments shall conform to Eagle River Water and Sanitation District's standards and specifications. All materials and workmanship shall be subject to inspection by the districts and/or their representatives. The District reserves the right to accept or reject any such materials and workmanship that do not conform to district standards or specifications. 19. The Contractor shall repair and/or replace any existing underdrains, culverts or existing utilities disturbed by construction, and that are intended to remain, to the satisfaction of the Engineer and the respective utility company of the damaged utility. 20. All work shall conform to the recommendations & requirements of the Geotechnical Study, prepared by H -P Geotech, dated May 25, 2006, Job # 106 0297. WATER NOTES 1. Water construction shall conform to Eagle River Water & Sanitation District's standards and specifications. 2. All materials and workmanship shall be subject to inspection by the district and/or its representatives. The district reserves the right to accept or reject any materials and workmanship that do not conform to district standards or specifications. 3. ERWSD and Alpine Engineering is to be notified by the Contractor at least 48 hours prior to any water line construction for a pre -construction meeting. 4. Compaction of all trenches must be attained and compaction test results submitted to Alpine Engineering prior to acceptance. All pipe shall be constructed with pipe bedding as shown in the water plans and details. If trench conditions vary or if rock or water is encountered, Alpine Engineering is to be notified prior to proceeding with construction.. 5. The Contractor shall at all times keep a separate full set of contract drawings marked up to fully indicate as -built conditions. Said drawings shall be provided to Alpine Engineering upon completion of the work. Contractor is to provide at least two ties from physical monuments to all fittings, tees, curb stops, valves and manholes. 6. Water mains shall be constructed with ductile iron pipe, AWWA C151, AWWA C111, class 52, pressure rating 350 psi. All water mains, fire hydrant lines and water service lines shall have a minimum cover of 7' unless noted otherwise. 7. All water mains shall be hydrostatically tested in accordance with ERWSD standards. Chlorine testing shall be done in accordance with ERWSD standards. 8. Provide thrust blocks and megalugs on all waterline bends and fittings per ERWSD specifications. 9. Angles of water line bends are shown only as a guideline; all bends have not been identified or dimensioned, and additional bends may be required during construction. 10. Install 10 gauge insulated copper tracer wire along the water mains, and cad -weld, per current ERWSD requirements. 11. Verify all existing pipe invert elevations prior to construction. 12. As part of these plans, several adjacent properties will be disconnected from the existing water and sewer mains and reconnected to the new mains proposed herein. Prior to beginning any construction, Contractor shall provide to the Engineer, a sequence of construction that outlines the methods and procedures to be used that will maintain water, sewer and fire protection services to these adjacent properties. 13. Any service tap fees that may be required as part of these proposed utility installations are to be paid prior to making the connection to the main. 14. No fire hydrant extensions are allowed by ERWSD on new installations. 15. The center line of the fire hydrant discharge must be a min. of 36" above finished grade. Coordinate all fire hydrant locations in the field with Mike Vaughn (TOV FD) prior to installation of any hydrant. A dielectric fitting shall be installed between dissimilar metals. CENTURYLINK COMMUNICATIONS STRUCTURAL SPECIFICATIONS 1. CONDUIT: A. All conduits are to be equipped with minimum 1/4" polypropylene pull line. B. All conduit bends are to be steel sweeps or no less than PVS Schedule -80 fully encased. Long radius sweeps are to be used in main trench sections. Standard radius sweeps may be used at closure locations. C. All conduit runs are designed on the basis that each separate run will have no more than two (2) 90° bends without the insertion of an appropriately sized pull box. D. All conduits will be PVC Schedule -40 or better unless specified otherwise. If steel or iron pipe is used between the building and the property line, the pipe must be kept free from contact with any reinforcing steel or other conductors within the building foundation wall. E. Conduit(s) will be furnished and installed by contractor for the exclusive use of CenturyLink Communications. F. Conduit(s) placed in the same trench with power supply conductors/conduits must be separated by a minimum of 12" of compacted soil or 3" of slurry encasement and have minimum depth of cover of not less than 24" on private property and 36" of cover at the property line. G. Labs, water/gas pipe, flex conduit or plumbing fittings shall not be deemed acceptable for use by CenturyLink communications. CIVIL COVER SHEET AND NOTES CIVIL SHEET INDEX C1.00 PROPOSED GRADING PLAN (OPTION A) C1.01A FULL S.F. ROAD LANES PLAN (OPTION B) C1.01 B PROPOSED UTILITY PLAN C1.02 DETAILS C1.03 FIRE STAGING & TURNING MOVEMENT SIMULATION C1.04 PROJECT CONTACTS OWNER (GORE CREEK GROUP LLC) ARCHITECT (359 DESIGN) LANDSCAPE ARCHITECT (MACDESIGN) CIVIL ENGINEER (ALPINE ENGINEERING) STRUCTURAL ENGINEER (MONROE-NEWELL) GEOTECHNICAL ENGINEER (H -P / KUMAR) TOWN OF VAIL PETE CARLSON JOE COLEMAN JAMIE MCCLUSKIE TIM LEININGER PETER MONROE STEVE PAWLAK TOM KASSMEL (952) 210-0095 (303) 619-5195 (970) 513-9345 (970) 926-3373 (970) 949-7768 (970) 945-7988 (970) 479-2235 HOLY CROSS ENERGY CONSTRUCTION SPECIFICATIONS I. TRENCH AND CONDUIT 1. The developer or contractor will contact Holy Cross Energy before conduit and vault installation begins to schedule a pre -construction meeting with the project inspector. 2. Changes in power facility construction from that shown on the project plans will not be made without advance approval from the Holy Cross Energy inspector. 3. Holy Cross Energy material shall not be moved from the project to which it was assigned without the advance approval of the inspector and the completion of necessary paperwork. Holy Cross Energy material shall not be installed for any use other than construction of power facilities. 4. All roads will be built to subgrade and all drainages will be constructed to grade before any vaults or conduits are installed. 5. All trench will be excavated deep enough to ensure that the top of installed power facilities will be 48" below final grade. Special care must be taken to insure that the top of conduits will be 48" below the bottom of drainage ditches and all other low areas. 6. Trench will be as straight as possible between vaults and shall have a smooth bottom free from low and high spots. Six inches of 3/4' road base will be placed the entire length of the trench and well compacted prior to conduit installation. When placed in the trench, the conduit shall be in continuous contact with the compacted road base with no hold down weight added. Twelve inches of 3/4" road base, as measured from the top of the conduit, will be placed on the conduit and well compacted prior to returning any native backfill to the trench. Large rocks shall not be placed directly on the road base layer. Care must be taken to avoid conduit damage during backfill and compaction; conduits found to be unusable at the time of power cable installation will be repaired by the developer or contractor before power can be made available. 7. Power facilities to be placed parallel to deeper utilities will have a horizontal separation from the deeper utility greater than the depth of such utility below final grade less four feet (see attached drawing). When crossing a deeper utility is unavoidable, the crossing will be made as close to perpendicular as possible. 8. Power line conduits will be installed with a minimum separation of 12" from all other new or existing underground utility lines. Wherever possible, this separation will be horizontal. The power line separation from plastic gas lines will be greater than this minimum wherever practicable. Power line conduits will be located deeper in the trench than the facilities of all other utilities unless the inspector grants a waiver prior to the start of construction. 9. Backfill and compaction above the road base layer will be as required by the governmental entity or other party having jurisdiction. 10. Conduit bell ends will not be allowed in the vaults. Holy Cross Energy will supply factory couplers, 90°, 45°, and 221/2° elbows as needed for job. Non -factory bends and heated bends will not be allowed. No more than two 90° elbows will be allowed in a conduit run of 500 feet. The conduit shall run straight between factory bends. Allowed bends must be further than 5' from a vault. Factory elbows supplied must be used intact; they cannot be cut to make a lesser bend. Bells will not be cut off conduit sticks to use as couplers. Holy Cross Energy elbows and pipe will be used only for the power facility installation. 11. The conduit will not be backfilled without the Holy Cross Energy inspector seeing all joints unless the inspector gives prior permission. All joints shall be completely seated to the line marked on the male end of the conduit after sufficient glue is applied to both conduits being jointed, even in areas where the trench cannot be excavated completely straight. Glue in the joint shall be allowed to completely dry prior to any stress being applied to the conduit on either side of the joint. Trench backfilled without the inspector viewing each joint or giving prior permission to cover the conduit will be re -excavated to expose the conduit, or the contractor will put a camera through each conduit in the span which was prematurely backfilled to verify the joint seating and conduit condition. The camera verification will be witnessed by the Holy Cross Energy inspector. 12. Individual conduits shall enter each vault at a consistent location. There is to be no crossing of conduits in the trench. 13. Both ends of a conduit run shall be securely plugged at the time of installation with Holy Cross Energy supplied material. Conduit ending outside a vault shall be marked with a 4" x 4" post or other approved method. 14. Red trench marking tape will be supplied by Holy Cross Energy and shall be installed 18" to 24" above the conduit during backfill. 15. At completion of the job, the inspector will do a final inspection. If the job does not meet with Holy Cross Energy's specifications or the approval of inspector, service will not be provided until specifications are met. II VAULTS 1. Vaults shall be installed as follows: 1.1. Splice vaults shall be installed with the manhole lid grade being slightly above final grade of the surrounding area, except when the vault is in a roadway, the manhole lid grade shall match the grade of the finished roadway surface. 1.2. Splice vaults located in roads or other sloped areas will be installed so that the concrete base and lid are at the slope of the surrounding area. Vaults placed in roads will not be located in areas normally traversed by vehicle wheels. The inspector must approve all vaults installed at a slope. 1.3. Transformer vaults and switchgear vaults will be installed with the bottom of the lid at final grade. The lid will be level. 1.4. Where transformer and switchgear vaults are set into hillsides or sloped cuts, the downhill side of the vault will be graded according to C above. The slope behind the vault will be laid back sufficiently to prohibit soil or rocks from sloughing onto the vault. If the slope cannot be laid back far enough, a retaining wall shall be constructed behind the vault at the direction of the inspector. 1.5. All vault pads will be placed on the vaults at the time of vault installation to protect the public and wildlife, unless otherwise instructed by the inspector. The holes through transformer and switchgear pads will be covered at the time of vault installation with concrete pieces supplied by Holy Cross Energy, unless otherwise instructed by the inspector. 1.6. Large vault pieces shall be jointed with a tar type sealant provided by Holy Cross Energy, with the exception of the vault lid, at the direction of the inspector. 2. Holes knocked in vaults for conduit installation shall be as small as possible and shall be grouted closed on the outside of the vault prior to backfill. 3. Conduit shall enter vaults perpendicular to the vault wall, at least 2" from any adjacent walls and at least 2" above the vault base. There shall be a minimum separation of 1" between conduits. See vault drawings. 4. Conduit will extend 4" into the vault (measured from the inside wall of the vault) after backfilling is complete. 5. Ground rods in vaults for underground cable installation shall be laid in the trench with the conduits. The end of the rod shall extend approximately 6" into the vault through the conduit knockout. The rod will have a 45° bend located approximately 3" from the vault end, with the bend going away from the conduits. The bent end of the rod must be far enough from the vault wall to allow crimping the grounding conductor onto the rod. The rod must be at least 2" from the conduit at its entrance into the vault. See vault drawings. 6. After the vault has been set, pipes extended in and grouted and the ground rod is in place, vaults shall be swept out removing all dirt or rocks. Cleanup shall be completed to the satisfaction of the inspector prior to cable installation being scheduled. 7. Pedestals for other utilities shall not be located closer than 10' to a vault on sides where transformers or switchgear will have access doors. Pedestals shall not be located closer than 5' to a vault on sides where the pad -mounted equipment will not have access doors. SEWER NOTES 1. All sanitary sewer construction shall conform to Eagle River Water and Sanitation District's standards and specifications. All sewer mains and service lines proposed herein shall conform to ASTM D2241 "Standard Specifications for PVC, pressure rated pipe (SDR Series)" and shall be constructed to the lines and grades shown herein. 2. All materials and workmanship shall be subject to inspection by the districts and/or their representatives. The district reserves the right to accept or reject any such materials and workmanship that do not conform to district standards or specifications. 3. The district and its engineer are to be notified by the Contractor at least 48 hours prior to any utility construction. 4. The Contractor shall at all times keep a separate full set of contract drawings marked up to fully indicate as -built conditions. Said drawings shall be provided to Alpine Engineering upon completion of the work. Contractor is to provide at least two ties from physical monuments to all fittings, valves and manholes. 5. The contractor shall verify existing pipe or manhole inverts at tie-in points prior to construction staking. 6. Manhole rims shall be set at an elevation relative to the pavement in accordance with District and Town of Vail requirements. Precast adjusting rings shall be used to adjust rim elevations to final grade. The maximum acceptable vertical adjustment is 12 inches. Manhole steps shall conform to OSHA step standards. 7. The Contractor shall take care to properly shape all manhole inverts and benches to promote smooth flow through the manhole. Inverts of lines intersecting at 90 degrees and at highly divergent or flat slopes are especially critical. Manhole inverts shall be constructed with a smooth trowel finish and benches shall be finished with a light broom non-skid finish. All concrete for manhole construction shall be made with Type II cement with a minimum 28 -day compressive strength of 3000 psi. 8. All pipe shall be constructed with pipe bedding as shown in the sanitary sewer plans and details. If trench conditions vary or if rock or water is encountered, Alpine Engineering is to be notified prior to proceeding with construction.. SHEET SHEET 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 VAIL MOUNTAIN VIEW PHASE 11 434 SOUTH FRONTAGE ROAD EAST, VAIL, CO 81657 No. Description Date PROJECT NUMBER PROJECT NUMBER ISSUE DATE 2017-06-12 ISSUE PEC SUBMITTAL TITLE PLAN -CIVIL COVER NO. 0:1Vai11Mountain View-20171dwg1Master\Grading.dwg, 5/30/2017 11:04:11 AM, Leininger 4IIATCH I a EXIST. SIDEW A // —, \-FUTURE POSSIBLE \ WALK EXTENSION \ \ RELOCATE EXISTING SIGN 14.58 FL © ST 1Z07 FL PROPQ ED t0- —COITCREIE SI EW EW EW EW INTERSTATE HIGHWAY NO. 70 S. FRONTAGE ROAD (CDOT) (R.O.W. VARIES) EW EW EW EXISTING CONCRETE WALK, TO BE REMOVED BETWEEN, WEST PROPERTY UNE AND THE EXISTING ENTRY DRIVE. EW 20.06 FL EW EW EW EW EWA— EW EW EW EW EW EW EW EW EW POTHOLE EXISTING ELECTRIC AND PHONE TO VERIFY ELEVATIONS. RELOCATE OR LOWER IN THIS AREA AS REQUIRED. a A '. 0 EE • -- EET-__— A • A 4 E RELOCATE. THOLE EXISTING ELECTRIC TO VERIFY ELEVATION. RELOCATE LOWER IN THIS AREA AS R EXISTING WALK, BOULDER WALLS & DOOR TO BE R 32 1:49 , ADJUST EXISTINg ELEC. MH TO FINISHED • i _ I GRADE, 4"± UPp iS%% , 2A% a " 21.526' EP. - EG - MATCH EXIST. DRIVEWAY SLOPES aA A 4 4 °p a G \ 4 d d A.• A A .A4. EE a 4 _ L . A4 ° 4 6... d 'A ,' 21.49 `� 21.7" ' AILING, �` RE: ARCH., RAMP ON GRADE -- — LANDSCAP 4 \ ADJUST EXISTING ELEC. \\ MH TO FINISHED \ GRADE, 19"f DOWN. \ \ \ \ \ \ \ \\ \\ `/ \\ \ \ \ \ \ \ \ \ \\\\\ \ \\ \ \ \ S. \\ \ \ \ \ \ \ \ \ \\ \\ \\ \\ \ / \ \ \� \ \ / / \ \\ \\ / 0// / \ \\ � � \ \\ \ �/ 3 EXISTING HEATED CONCRETE DRIVE TO REMAIN A A 4 / 4l It% ��_\ v°1�tier i rn N G 0co\ c) m 00 wrnD m m i I i i ----------4=1, -74/4'1- - --- _-------- -` --------------------------- -- \----- --------- - - i August 1, 2017 - Page 250 of 514 /2 / / / / c„) / / / / / —I qt/ 9a .■■! m.■■■ : ■Nm�.) -fir W I�� ■Il inlir ■.IC E: aulimiEsivio Imo:dil I.= j _■I.IMIlmiiiLIL,ili �11 IIS ■r !Er/ e�i=„11.mq., ii& o...,,,,,:„ipt i11 %/ VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK GRAPHIC SCALE 5 10 20 ( IN FEET ) 1 inch = 10 ft. PRELIMINARY JUNE, 2017 NOT FOR CONSTRUCTION LEGEND PROPERTY UNE EXIST. EASEMENT 24 PROPOSED 1' CONTOUR 8225 PROPOSED 5' CONTOUR EXISTING 2' CONTOUR — — —8225' EXISTING 5' CONTOUR 4:1 5.00% + 99.55 +99.55 TW fr— PROPOSED SLOPE OR GRADE PROPOSED SPOT ELEVATION PROPOSED BOTTOM OF EXPOSED WALL PROPOSED TOP OF WALL PROPOSED BOULDER WALL NOTES: 1. CONTACT AEI PRIOR TO INSTALLATION OF TREES, SHRUBS, IRRIGATION OR OTHER LANDSCAPE FEATURES TO REVIEW FINISHED GRADE. 2. OBTAIN PERMISSION AND/OR PERMITS PRIOR TO ANY GRADING OUTSIDE OF THE PROPERTY. 3. PER GEOTECHNICAL REPORT (H—P GEOTECHNICAL, JOB No 106-0297), A MINIMUM SLOPE OF 5H:1V AWAY FROM PROPOSED BUILDINGS IS REQUIRED IN LANDSCAPED AREAS FOR THE FIRST 10' FOR DRAINAGE PURPOSES. HARDSCAPE SHOULD DRAIN AWAY AT A MINIMUM OF 2% WITHIN 10 FEET OF THE BUILDING. 4. ALL SWALES TO BE 2% MINIMUM. 5. BEW ON THESE PLANS REPRESENTS THE BOTTOM OF THE EXPOSED WALL, NOT BOTTOM OF FOOTER OR FOUNDATION. WALL MAY NEED TO BE EXTENDED FARTHER BELOW FINISHED GRADE FOR FROST PROTECTION, LEDGE, ETC. 6. COMPACTION OF BACKFILL SHALL FOLLOW THE GEOTECHNICAL RECOMMENDATIONS. x„... o ca ca tfl \Vb r4 Its I, 44 isp • ir IP*! ►'��•� t5 r PRIVATE ACCESS EASEMENT A ‘_ PRIVATE INGRE /EGRESS EASE \ OP4 co i 4 *i li dr .e , / 4/ / *Y 40 CO •All / g / Al / / 4 *g. / g / *04 il / 1 (,)/// * 44tP 0 • 4 4 4 SHEET SHEET 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 VAIL MOUNTAIN VIEW PHASE 11 434 SOUTH FRONTAGE ROAD EAST, VAIL, CO 81657 No. Description Date PROJECT NUMBER PROJECT NUMBER ISSUE DATE 2017-06-12 ISSUE PEC SUBMITTAL TITLE GRADING - A NO C1 -01A 0:1Vail/Mountain View-20171dwg1Master/Utilities.dwg, 5/30/2017 9 / • / A. ' A A RELOCATE EXISTING TRANSFORMER AND4.VAULT. 4 A. • 4 rn EW EW EW EW W EW EW EW EW F 5- 4 / o EG -POTHOLE _" Et £CTRIC TOEG A VERIFY ELEVATION. RELOCATE ! E, . WER IN THIS AREA AS TO PROVIDE MINIMU 4 4 6/ \SEE EE --� EE EG EW EW — EW INTERSTATE HIGHWAY NO. 70 S. FRONTAGE ROAD (CDOT) (R.O.W. VARIES) 4• PROPOSED SECQNDARY TRIC, & NUMBER OF ONDUIT PER ELECTRICAL CAPACITY OF EXISTING TRANSFORMER • BE CONFIRMED. TRANSFORMER AY REQUIRE UPSIZI TO SERVE BO PHASE 1 & PHAS N EXISTING PHONE & CATV ENTRY LOCATION IN EXISTING GARAGE (TO BE CONFIRMED). \)/W°141110. -Z dli.M. ;IP -0.1341101F - EXISTING GAS METER LOCATION. ENTRY INT EXISTING GARAGE TO CONFIRMED. • / /. A' EGA— EG a-- E A 4 4 EW EW EW EW EW EW EW A EXISTING HIGH /PRESSURE GAS UNE -- ; M.1111P Im-■V` IMETEm- " •-U `1%qs .■1..-1.'.\w •.:, ;_ hilig:cw.limmillamwm=mmimm.ilkliMmilli�■■moi ���� 1 ���■ ■ .■ ■ ■�■� ■ ,��/kirIr-ily � 1 N ■■ m--imabim 'H =Eo ■■►ik �., itt �■■� m■■ mil. 11111% hiatirrill.,...... , irossavvpwarim...,•-==.-.Timis ,,_, -",*,.. I hu.. i • i *.4.4 5-44,...010,_ i°1.in\a\\' �',� � , D PAVERS �■ ■�f ,�,,` ■■i-Tn. .■-_ 11-■�is � – .��` ,, .._,--,i,.., _.,..„44,6\1 ■■■Mi ■■.■■■-■■■■■-■■■■► 4 S�•It,��% �, ■■III ■■!! AIC! -.EM 4s, BUILDING SE i. ,,� `�` Trull rn . 1 A . 4 EE A 4 A .4 A —a m \ • 4 • I 0 A a E1=�--_—_—__— —E s �-------�=------------------- --ter-... —7 \... ii / / EE PH intritt t•N 44, -rom.kft 11%4 • ..4 I *kiN • w44 A 4 . 4 D4/ 4 4 A 4 A. 4' A A AD A.4 \ . G \ \ A 4. A 4 4A o. . A4 A 777 4 4 'A 4 4-- L ■■�,' ■ ENTRY (TO BE CONFIRMED) i►! aan —■ C� ages f lipm Al �. Eiiii1171111111a _ IWArr■rni1J■■ 1 IVA I LITEN li 1 L I ll■ ■ ■■:■■■■ ■\ i IIM■■■■ � M ;!1 pu ■ mu u l : -- ' — I!:■.■■■:■■■si■ri f z �I■■■L �r;,♦ LII ■01111-1.11iimillinglIlirr ■1 .■P .11E1! AI - 4 � L impi•maimimilmismadomilli r mmINIEMMIIIImmingi—EMINEMEM1■�1 ~ 1,,, !i,If m■•._■■t.I��/•a��� ■■■■� .■■■� ■■■ lM �� -i✓ IIS7 #• a A \ a ,A rn rn o t m \\ 0 rn rn min \ \ rn \ \ \ rn rn \ \ rn rn \ \ \---- mril \ \ rn rn \cri c\ o 03\ OW Linn ocrI\ cri\ rrz rnui August 1, 2017 - Page 251 of 514 PRELIMINARY JUNE, 2017 NOT FOR CONSTRUCTION VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK Cb 90 Eil a j 5i---------------------------------- w GRAPHIC SCALE ( IN FEET ) 1 inch = 10 ft. SEWER MANHOLE STORM MANHOLE WATER MANHOLE TELEPHONE MANHOLE CLEAN OUT WATER VALVE FIRE HYDRANT GAS METER LEGEND EE EG EPH PES ES EW ETV PES EE EG EPH ES EW ETV PES EXIST. BURIED ELEC. LINE EXIST. GAS LINE EXIST. PHONE LINE EXIST. SEWER MAIN EXIST. WATER MAIN EXIST. CABLE TV PROPOSED SECONDARY ELEC. EXIST. ELECTRIC VAULT EXIST. PHONE PEDESTAL EXIST. TRANSFORMER EXISTING 6" SEWER SERVICE, INV=8199.0 PER 2006 PLANS CO \53-1) Ithk '410 , k. PRIVATE ACCESS EASEMENT A EW — 4 PRIVATE INGRESS /EGRESS EASEMENT APOLLO PARK AT VAIL CONDOMINIUMS 1171.1,,ttill4441, 0=4* co co co cry 4 4 N SHEET SHEET 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 VAIL MOUNTAIN VIEW PHASE 11 434 SOUTH FRONTAGE ROAD EAST, VAIL, CO 81657 No. Description Date PROJECT NUMBER PROJECT NUMBER ISSUE DATE 2017-06-12 ISSUE PEC SUBMITTAL TITLE NO C 1. 02 :44 AM, Leininger 03Vail\Mountain View-20171dwg1Master\Fire Staging.dwg, 51301201711 INTERSTATE HIGHWAY NO. 70 S. FRONTAGE ROAD (CDOT) (R.O.W. VARIES) 45.00 6.00 18.00 VAI L 431 LA3 D E feet : 8.50 : 8.00 : 6.00 : 28.70 Width Track Lock to Lock Time Steering Angle VEHICLE SWEPT PATH (TYP) FRONT WHEEL PATH (TYP) 14 4 IN 4 — — .A • 4 • -r— RELOCATE EXISTING SIGN NO SNOW STORAGE IN THIS AREA. '4 • •o PROVIDE CLEAR AREA FOR FIRE STAGING. OBT PERMISSION FOR WORK PARK PROPERTY. EXISTING IHETED CONCRETE; ,^„ I E TO REI:! \ •ROOF CINE , ` ABOVE (TYP) ■ • ARCHITECTUR ) ELEMENTS 16' ABOVE GRADE. EXISTING FDC LOCATION (TO BE RELOCATED) 4 4 . 4 • RESS%EGRES MAY BE RgOUIRED A 9LLO FARK `PROPERTY. .1 .3tt% 4 "timPP"�:ry ff ,,, Yfr t Vii: 7, ti,' 141. \ - iP--. 4 elk v. Ilie■ SUBURBAN ( ri� ■— EXITING G XiSIIN a l,ma COMMAN ■ ���� ■ `I�er�.. CENTER Dow NIL' ■■NIII �' L%0A0 ■ EV.1.IC-_-�_E.w ILIAillailli im-aff:(/ m 111 '7 1I \��TI rn 0 / / / / / / / / i / / / / / / / / / / / / m / T / / / / / / ip 6 O \ ••\ \ \ i•• ••\ Nor. U lar• ;-I� • A 4 4 °A' A -o EpN Lr) m N PRIVATE ACCESS _ NQS v1ENT I August 1, 2017 - Page 252 of 514 ASSUMPTIONS AND GENERAL NOTES: GRAPHIC SCALE 1. THIS SIMULATION DOES NOT ACCOUNT FOR DRIVER VARIABILITY OR DRIVER SKILL. 0 5 10 20 PRELIMINARY JUNE, 2017 NOT FOR CONSTRUCTION ( IN FEET) 1 inch = 10 ft. co 4, 4 A A 4 A• 4 A A i PRIVATE INGRESS /EGRESS EASEME T 30.0' CLEAR t• MENNEN MINIMINIFAI N N N J 4 7 1-� / --,414,4411114% 1,�c� r Irke SHEET SHEET 359 DESIGN 3630 OSAGE STREET DENVER, CO 80211 720.512.3437 VAIL MOUNTAIN VIEW PHASE 11 434 SOUTH FRONTAGE ROAD EAST, VAIL, CO 81657 No. Description Date PROJECT NUMBER PROJECT NUMBER ISSUE DATE 2017-06-12 ISSUE PEC SUBMITTAL TITLE FIRE STAGING & LADDER TRUCK SIMULATION PLAN NO. VailMountain Viewltesidences VAIL TOWN COUNCIL Ic1 Mauriello Planning Group AguidaTouight Recap from Last Hearing Response to Council Comments Sustainable Building Construction Response to Phase 1 comments Conditions of Approval SDD Review Criteria Public Support for Project Questions? ti• _'44 ' I1• 1•4lr T • _ 5 i NMI. 4111r • -11 _ _ • 4r r iali { -"i • { _ ....- - 411 • .1 '1 • r r • ; I•• • i 1 ' 1 • • }• • may I. • ' ' • r. •1 1 i•)• . r•- L 1. ■ • T + , L 1 1 r• r rr 1 , , 1 I, • - 1 JrlIrdn ;• a � + •. . T • ~ 11, VAIL MOUN AIN VIE • r• • G ti N . r. • — ■• 111 r Ii 1 e ▪ �� } �. rL • - ..r Lf. . J • ▪ a r,, ▪ • ir▪ r Vis_* �• J•�1_ r i,l, `p .1. • FITTING INTO THE FABRIC OF THE COMMUNITY • 1 • • !r 711; 111191.1 s L 1 r anNINE ' - — --- - Tr • • • • ▪ 1'r 7, 1 aL ..• • .1 •2 ••e• r •f ti i r �iI I'r' 1 + I • ,110 I 1' ▪ f 5. • -, 1'1�J▪ `• t L. - r 1.1 9 - . , • •■ _�_•r• ' i �• IL•m', 1.4 •...le f -- •• '. 1 , — J F .. • • sI 'r - ... - l 1 ti • J• ti Lr 1 _ .. 11 • Y•I r }.. .. •� , I 1 _ OC le L • n • --1 ~ ▪ ' r J - •,f<�J 1 1 7� S 1 1 , • r-� • — 7 , • , 1. F�_ ti •a}r-••r • v... • — 5 .1..L. a■ •.-r i i 4 1 JT. L • _ rte. 1 '1 • IT 11i 1 1-• _ J , 1• 1 • VAIL MOUNTAIN VIE SITE PLAN AERIAL TYROLEAN WREN PHASE 1 APOLLO PARK jat - - _ _ - _ ._ 1 . -- VAIL MOUNTAIN VIEW RESIDENCES !bit cum '!'IP!•'n''11I111111PP1F 111111 IPAl'!"II1p'I' IIp !T.", — ;_ -- �..Wf 01111I- fir- *1101111s.ft. -411111. INMINEmi --- - - -AI- ek L oft 1114.1 ablb 1 - ..i41. f Ilk ist • VI 44 Lye 1 • 4%110 NORTH ELEVATION VAIL MOUNTAIN VIEW RESIDENCES SOUTH ELEVATION tr�VAIL MOUNTAIN VIEW RESIDENCES --r ...' .r te- ImEr IsilP Ill°GM HIIHIIIII�IIIII'II�II !p' '11111111111111111111, " l I:.IL IIJi IL i1f — - 1 II.'hI • 1 'rel -ijIImilll ill llll1M I IsP� I�ql ISM �IIIIIII: +I.fllihlli'flII!IIF!II'F IMP • IIIIHIriui .iiiHiirii •••m111111 w'iIi �i F . UlI .•1•• 114111 11 - s _—. �iiII1 I I�.ar di11111 II IfminiII11 ImIIJIIIIi IIIIIiiii. 'mho mu lIIIIHIUII IIHII Ilf1Jl1FM 1111111')111 .11011r1 Irllll... yilirr011"1111111 wrom 04116,.1-46sizicur • .x 111111=17T=.111_ T .16116h— �f I' • 1 .111-1 1 I I or- •71:211. 1 41 • II 111/Z::-i • LARGE IDEGIDUOLe ,r—SPRIJGE TREE 51-IRJI3 (TIP)_ ACCENT EVERGREEN aY:FiE (Tic). SOUTH F R : N A 5 7. ROAL.7.- IER2r1NSTONE EOJLDER OUTCROP PI (Trr) --- UW9 EADI NS DECIDUOUS SHRUB (TYP.) PERENNIAL PLOtiERS (T ? HEATED PA A`1LF{IVE -ASPEN TREE TYP.j LANDSCAPE PLAN ORNAMENTAL_ .SRA= L. J c �s) TRASH! RECYCLING 11" 25 PARKING SPACES (a ▪ Le 1-- _ 0 3 Garage Level 3 1/16'. = ��_�., 1/16" 1'-0" e . . i PLUS 2 TEVPORAPY SPACES [ L. GARAGE LEVEL 3 • • G' 8' 16' 32' 1 SIR_ 4 7r. SF } 2 Garage Level 2 1/16" = 1'-0" STR 55i 1 76 SF 14 PARKING SPACES ! ! li, ! i iiilL t ill 0 3 1 ! ! C7) 14 FIRE SPRINKLER ROOM h 1-- f • B 8• 16' 32' ti 2,. 25 33 PARKING SPACES MP • • 001100416111111 • 11 • • Garage Level 1 1'16' = 1-0' 0 • ■ GARAG- VELI • • • • 0' 8' 16' 32' 02.0 11 FLOOR PLANS: Level 1 LEVEL 1 111 r • 359 DESIGN MOUNTAIN VIEW_ VAIL, CO Schematic Design \\ June 2017 LOCK -OFF EHIJ HOTEL FOR SALE 02.0 \\ FLOOR PLANS: Level 2 LEVEL 2 3sr DESIGN' MOUNTAIN VIEW_ VAIL, CO Schematic Design \\ June 2017 LOCK -OFF EHU HOTEL FOR SALE 02.0 \\ FLOOR PLANS: Level 3 THIRD FLOOR LEVEL 3 1 1 1 9 1 1 1 1 1 1 1 359 DESIGN MOUNTAIN VIEW_ VAIL, CO Schematic Design \\ June 2017 LOCK -OFF EHU HOTEL FOR SALE 02.0 \\ FLOOR PLANS: Level 4 r 1111 111111 lllll 11 lllll 1111 MI In 11 LEVEL 4 1 1 359 DESIGN MOUNTAIN VIEW_ VAIL, CO Schematic Design \\ June 2017 LOCK -OFF EHU HOTEL FOR SALE 1 02.0 \\ FLOOR PLANS: Dormer Level of 171_i DORMER LEVEL 71 - IL at L Fl DORMER LEVEL 359 DESIGN MOUNTAIN VIEW_ VAIL, CO Schematic Design \\ June 2017 LOCK -OFF EHU HOTEL FOR SALE Deviations Before the town council approves development standards that deviate from the underlying zone district, it should be determined that such deviation provides benefits to the town that outweigh the adverse effects of such deviation. • This determination is to be made based on evaluation of the proposed special development district's compliance with the design criteria outlined in section 12-9A-8 of this article. ■ Er SETBACKS SLIGHT ENCROACHMENT ON EAST SIDE TO 15 FT HEIGHT MAXIMUM HEIGHT OF 69.9 FT DENSITY 44.5 UNITS VS 32 UNITS ALLOWED GRFA 76,977 SF VS 42,871 SF ALLOWED SITE COVERAGE 70.07% VS 55% (UNDERGROUND PARKING STRUCTURE) EMPLOYEE HOUSING 39% OF FREE MARKET GRFA HIGHLY FUNCTIONAL UNITS IN VAIL VILLAGE DESTRIAN ACCESS SIDEWALK TO VAIL VALLEY DRIVE REBUILT/HEATED ACCESS FROM FRONTAGE RD TO GORE CREEK REC PATH ROADWAY EASEMENT • • • • • • • s•• • • • •� ••• 19 AU 15 LOCK OFFS 12 DU VOLUNTARY SHORT TERM RENTALS PUBLIC BENEFITS • • • • • • • ACCOMMODATES FUTURE ROADWAY WIDENING • • • • • • . VII • • 1 • l 1 1 1 1 1 1 1 011 WI WI WI tat OS illi ill ell WI elli OM OM N B NO SI REDE ELOPMENT OF I SUGGESTED BY VVMP UP TO $50,000 SUSTAINABI EXCEEDING INTERNATIONAL ENERGY CONSERVATION CODE E 11 U ConE 1-1U Concept 10 Employee Housing Units 8 2 -bedroom / 2 -bathroom units 1 1 -bedroom / 1 -bathroom unit • 1 studio unit • Highly functional and livable units within Vail Village KITCHENEI IE/ STORAGE BANQUETTE SEATING/STORAGE TYPICAL HOTEL UNIT PLAN 370 SF 02.0 \\ FLOOR PLANS: Level 1 I MPLOYEE HOUSING \Li LEVEL 1 — 1 1 1 L 1 1 1 1 1 0 359 DESIGN MOUNTAIN VIEW_ VAIL, CO Schematic Design \\ June 2017 LOCK -OFF EHU It Ih HOTEL FOR SALE 02.0 \\ FLOOR PLANS: Level 2 EMPLOYEE HOUSING LEVEL 2 I I Wir 3sr DESIGN' MOUNTAIN VIEW_ VAIL, CO Schematic Design \\ June 2017 LOCK -OFF EHU HOTEL FOR SALE Ehus And Hotel Rooms Proposed Architecture ORIGINAL SUBMITTAL CURRENT PEC APPROVED 1111M1011111 IJ, i'11 DRB APPROVAL REQUIRED Sastainability Apply & pursue for Green Globes Certification Green Globes similar to LEED, less expensive to process • Ensures energy efficiency by exceeding code standards • First project in Vail of this scale developed under new 2015 International Energy Conservation Code (IECC) 2015 IECC is substantial change from previous code Our commitment is to exceed 2015 code by at least 10% �` rREEN nlI GLOBES 1 1.1 Project_Management ti integrated Design Process (IDP) 9 1.2 Environmental Management During Construction 12 1.4 Commissioning 29 2.1 30 Development Area 2.2 Ecological Impacts 32 2,3 Stormwater Management 18 2.4 Landscaping 28 2.5 3.1 Exterior Light Pollution 7 100 ner y IIIIIIIIPC Energy Performance 3.2 Energy Demand 35 3.3 Metering, Measurement, and Verification 12 3.4 Building Opaque Envelope 31 3.5 Lighting 36 3.6 HVAC Systems and Controls 59 3.7 Other HVAC Systems and Controls 32 3.8 Other Energy Efficient Equipment and Measures 11 3,9 Renewable Energy 50 3.14 4.1 Energy Efficient Transportation 24 42 f Water Wales Consumption 4.2 Cooling Towers 9 4.3 Bailers and Water Heaters 4 4.4 Water Intensive Applications 16 4.5 Water Treatment 3 4.6 Alternate Sources of Water 5 4.7 Metering 11 4.$ Irrigation 15 - Materials and Resources 125 5.1 Building Assembly (sore and shell including envelope) 33 5.2 Interior Fit -outs (Including Finishes and Furnishings) 16 5.3 Re -use of Existing Structures 26 5.4 Waste 9 5.5 Building Service Life Plan 7 5.6 Resource Conservation 6 5.7 Envelope - Roofing 1 Openings 10 5-8 Envelope -Foundation, Waterproofing 6 5.9 Envelope - Cladding 5 5.10 Envelope - Barriers 7 6.1 Emissions 18 Heating 6.2 Cooling 29 6.3 Janitorial Equipment 3 7 incipeg Environment 160 7.1 Ventilation 37 71 Source Control and Measurement of indoor Pollutants 46 7 3 Lighting design and Systems 30 7.4 Thermal Comfort 18 7.5 TOTAL -7111111.111.V, Acoustic Comfort 29 1000 Sustainability Beyond Green Globes we will: Provide two electric car charging stations onsite Use Hotel Card control system like you see in Europe for hotel & EHU units Turns off everything not needing to run while no occupancy Detects open windows & doors & reduces mechanical system operation Sdd Applicaflon Town staff has found application complete & in compliance We notified all neighboring HOAs as required by Town Code Town noticed all meetings in accordance with Town Code Phase 1 HOA signed the authorization letter Lunar Vail LLC, Applicant, owns 35.98% of the HOA The Coalition represented by Ms. Wallace only represents a small percentage of the HOA, we believe to be 2 or 3 owners TOWN OF VAIL JOINT PROPERTY OWNER WRITTEN APPROVAL LETTER The applicant must submit written joint property owner approval for applications affecting shared ownership properties such as duplex, condominium, and multi -tenant buildings. This form, or similar written correspondence, must be com- pleted by the adjoining duplex unit owner or the authorized agent of the home owner's association in the case of a con- dominium or multi -tenant building. All completed forms must be submitted with the applicants completed application. I, (print name) Mary Anne Redmond , a joint owner, or authority of the association, of property located at 434 S. Frontage Road Mountainview Residences on Gore Creek , provide this letter as written 20 approval of the plans dated March 27,17 which have been submitted to the Town of Dail Community Development Department for the proposed improvements to be completed at the address not- ed above. I understand that the proposed improvements include: Application of an SDD overlay zone district which allows the construction of new dwelling units, accommodation units, and employee housing units generally above the current parking structure and related applications and improvements. I understand that modifications may be made to the plans over the course of the review process to ensure compliance with the Town's applicable codes and regulations; and that it is the sole responsibility of the applicant to keep the joint property owner apprised of any changes and ensure that the changes are acceptable and appropriate, Submittal of an application results in the applicant agreeing to this statement. 3/L)7,8 Signatureoate Th41,1 ►l rI /;fr7Q4 Print Name Title/Position ilier 5 ; yR /-!cr# I/We authorize any and all changes submitted to the Town in reference to the above mentioned project, (initials) INVe waive all rights to notification and review of submitted changes. I/We do not authorize any changes submitted to the Town in reference to the above mentioned project (initials) I/We wish to receive notifications and reviews of submitted changes Phi 1 Onemhip • Surprised to learn that a couple of owners claim they were unaware of the potential for Phase II and thought they had consent rights • Since the inception of the Vail Mountain View project, the future development of Phase 2 has been disclosed in the Eagle County real property records: Described in detail under the Reserved Declarant Rights and Reservation of Development Rights in Articles 14 and 15 of the Condominium Declaration for Vail Mountain View Residences on Gore Creek • Described in a separate, standalone Notice Regarding Disclosures to serve as a reminder for all potential buyers of Units in the Project to review the Declaration and, in particular, to understand the Reserved Declarant Rights • Reserved the rights for up to 300 residential units, employee housing, lodging, & long list of other commercial activities, subject to Town approval NOTICE REGARDING DISCLOSURES This Noiice RegardingDisclosures is made and given Ilii s g/day of 2009 by Lunar Vail, LLC, a Colorado limited liability company (the "Declarant"). Declarant is the owner of the om er i l Unit as defined in and created pursuant to that certain Condominium Declaration for the Vail Mountain View Residences on Gore Creek as recorded in the records of Eagle County, Colorado on December 5, 200S at Reception No. 200825629 (the "Declaration") and that certain Condominium Plat recorded in the records of Eagle County, Colorado on December 5, 2008 at Reception Nov 200825628 (the "Map"). Capitalized terms used but undefined herein have the meanings given them in the Declaration. Declarant has certain Reserved Declarant Rights as deseril ed in the Declaration and Map which include, without limitation the right to build a new building on the Unbounded Portion of the Condominium Unit. If permitted by Applicable Law, such a new building at the Project could include retail space and/or space sold as part of a fractional or interval interest regime. Declarant is recording this Notice ;Against the Commercial Unit as a reminder for all potential buyers of Units al the Pro.j ect to review the Declaratiun and, in particular, to understand the Deserved Declarant Rights_ In addition, in order to ensure That Owners acquiring title to Units other than through an initial Deed frorn Declarant have the benefit of the same knowledge as the initial purchasers from Declarant, the Declarant is inn hiding the following disclosures from its own sales contracts in this Notice! Mountain Activities. The Project i q located in an area with skiing facilities and other all -season recreational areas (the "Mountain ecreati n al Areas"). The Mountain Recreational Areas are expected to generate an unpredictable amount of visible, audible and odorous impactq and disturbances ces from activities relating to the construction, operation, use and maintenance of the Phase 1 (hfflemhip Title documents appear in all title searches and are typically listed as matters to which Unit buyers take title subject to Declaration specifically provides that consent of any Owners to pursue and build the Phase 2 project is NOT required Our attorney Thomas Todd here tonight that is available to answer any of your questions ARTICLE 15 RESERVATION OF DEVELOPMENT RIGHTS Section 15.1 . Expansion Ri hts. Declarant expressly reserves the right to subject all or any part oi'the Real Estate described in Exhibit D attached hcreto and hereby incorporated by reference the 'Exansion Propi1y") to the provisions of this Declaration upon the substantial completion of Improvements on the expansion Property. The consent of the existing Owners, First Mortgagees or other ho]ders of Security Interests shall not be required for any such expansion, and Declarant may proceed with such expansion without iirnitation at its sole option. In addition, Declarant also expressly reserves the right to add unspecified Real Estate to the Project as allowed hy the Act. Deed 11! I III I III I NIII I I III 11I I I I I I 11I Special Warranty Deed (Pursuant to 38-30-115 C.R.S.) f1' Nh v b 13`9 V3V'1' Vl4 s: 3 12:13:25PM 11/07/2011 1 C: $91.00 DOC: $ $44c.oc State Documentary Fee Date: October 31, 2011 $ 440.00 MS DEED, made on October 31, 2011 by VAIL VENTURE PARTNERS IV, LLC, A DELAWARE LIMITED LIABILITY COMPANY Grantor(s), of the County of /1 1 / / / and State of FLORIDA for the consideration of ($4,400,000.00) *** Four Million Four Hundred Thousand and 00/100 *** dollars in hand paid, hereby sells and conveys to MOUNTAIN VIEW 403, LLC, A COLORADO LTM1ThD L ' :ILITY COMPANY Grantee(s), whose street address is 141 E MEADOW DR #211 VAIL, CO 81657, County of L.` 1' , and State of COLORADO, the following real property in the County of Eagle, and State of Colorado, to wit CONDOMINIUM UNIT 403, VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK, ACCORDING TO THE CONDOMINIUM MAP RECORDED DECEMBER 5, 2408 RECEPTION NO. 200825628 AND AS DEFINED AND DESCRIBED 1N THE CONDOMINIUM DECLARATION FOR THE VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK RECORDED DECEMBER 5, 2008 RECEPTION NO. 200025629, COUNTY OF EAGLE, STATE OF COLORADO. also known by street and number as: 434 SOUTH FRONTAGE ROAD EAST AKA UNIT 403 VAIL MOUNTAIN VIEW RESIDENCES VAIL CO 81657 with all its appurtenances and warrants the title against all persons claiming under the Grantor(s) EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 2011 AND SUBSEQUENT YEARS AND SUBJECT TO THOSE ITEMS AS SET FORTH ON EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN. VAIL VENTURE PARTNERS P1, LLC, A DELAWARE LIMITED LIABILITY COMPANY ERL 4'NDO CISNEROS R, MANAGER State of rt.-c,41,01/-"-- County 41,0+/-" County of ,1E4 1 Y;4( The foregoing instrument was acknowledged before me on this day of October 31, 2011 by FERNANDO CISNEROS IL, MANAGER OF VAIL VENTURE PARTNERS IV, LLC, A DELAWARE LIMITED LIABILITY COMPANY Witness my hand and My commission expil ELA@A FERNANDEZFRAGA EXPIRES: Fobruary20, 2012 �i,pr14 4' ogridad"mru Newry Puhllo UI darmitere Notary Public When Recorded Return to: 141 E MEADOW VIEW D0311 PAIL, COLORADOCLIMITED LIABILITY COMPANY Form 13773 10/2010 swd.opcn,rev.odt Special Warranty Deed Open (Photographic) V50032025 {12134727} nw- J.1w•.-,,. a rtr �1 PP" land Tide wAt�xif cam+nT ExhibitAlnPart EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON TIE CONDOIVIINIUM PLAT OF VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK, LOT 1, A RESUBDIVISION OF A PART OF TRACT D, VAIL VILLAGE FIFTH FILING RECORDED DECEMBER 5, 2008 UNDER RECEPTION NO. 200825628 AND IST AMENDMENT RECORDED MARCH 23, 2010 UNDER RECEPTION NO. 201005415. THOSE PROVISIONS, COVENANTS, CONDITIONS AND RESTRICTIONS BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASET] ICON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MAMTAL STATUS, Di S ABI Lniv HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME. AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED B APPLICABLE LAW FOUND IN THE DECLARATION FOR THE VAIL MOUNTAIN NTAI VIEW RESIDENCES ON GORE CREEK RECORDED DECEMBER 5, 2008 UNDER RECEPTION NO. 200825629 AND 1ST AMEND TENT RECORDED MARCH 23, 2010 UNDER RE EP'I ON NO. 201005416. NOTICE REGARDING DISCLOSURE RECORDED APRIL 17, 2009 UNDER RECEPTION NO. 200906994. TERMS, CONDITIONS AND PROVISIONS'OF APPLICATION FOR REVOCABLE PERMIT RECORDED February 24, 2009 AT RECEPTION NO. 200903198. ANY LOSS OR DAMAGE THE INSURED SMALL SUSTAIN DUE TO THE PROVISIONS OF THE TOWN OF VAIL TRANSFER TAX NOT BEING MET. Phase 1 �iemhip Email was sent to all Phase 1 owners on March 10, 2017 Let them know about application Provided Association President's contact information in case there were questions Another email sent to entire membership last week providing details about project Dear Owner, I hope you've had the opportunity to come to Vail this winter as it has been a fabulous season. I wanted to let you know that we are currently in the planning stage of the development of Vail Mountain View Residences Phase II. When we originally purchased the land that Vail Mountain View Residences Phase I sits on, it was always intended to be a part of a multi -phase project. The parking garage which is located to the north of your building was designed specifically for that purpose. It currently has the infrastructure to accommodate a new building above it, which was originally designed in 2007. After the downturn in the economy, the development was put on hold and we have redesigned it this year. Since the foundation already exists, this new phase can be built very quickly and with minimal impact to you. We take a great deal of pride in Vail Mountain View Residences Phase I. In my opinion, it is one of the best projects in Vail in terms of luxury, privacy and exclusivity. We plan to develop Phase II in the same manner. The new building will be located over the north garage and will act as a large buffer for noise coming from 1-70 and the Frontage Road. It will have no impact of your views towards the ski slopes or Gore Creek. The new building has been designed to have no common areas with your building. The first and second floors will be comprised of 20 hotel suites which are across from your 3rd & 4th floors. I believe this will be a great benefit to you should you ever need any additional space for your guests. Each suite will include a small kitchenette, master bath with double vanities and will be graciously decorated. On the north side of the building, which is out of view to you, we will have a few high-end employee housing units. All developments in Vail now require employee housing, and our goal is to build extremely high-end housing units that will cater to working professionals. On the 3rd and 4th floors of the new building, we will have 12 new luxury residences which will be a combination of two, three and four-bedroom penthouse units. These units will be almost identical to Phase I in terms of layout and design. My partner in this endeavor is developer Peter Carlson out of Minnesota. He has extensive development experience and I have known him for over 30 years, purchasing a home from his father on Forest Road twenty years ago. Peter brings great knowledge of construction and development to the project and I think he is a great asset. Every aspect of this development, as well as the continued operation of Vail Mountain View Residences Phase I, is incredibly important to us. There will be no use of the current pool and hot tub area of Phase 1 by Phase II. The parking is designed with the upper garage (north door) being used for hotel suites and employee housing units with only the 12 luxury condominiums using the lower portions of the garage. Mary Anne Redmond, the Association President, has done an excellent job ensuring that the building is kept in excellent shape. We are very proud that the building consistently operates within its budgets, and has in fact built up a substantial reserve. Please feel free to contact myself or Mary Anne if you would like more details on Phase II. We will continue to keep you informed as phase II progresses. Warmest personal regards, Proposed Conditions ARCHITECTURE LANDSCAPING LOADING PEDESTRIAN EASEMENT ROAD SIDEWALK ENCROACHMENTS SNOWMELT TRAFFIC STUDY TRAFFIC IMPACT FEE STAGING PLAN AIPP RECREATION TAX DEED RESTRICTIONS CDOT ..a Applicant is in agreement with all revised staff recommended revised conditions. CHteHaFor Reiew COMPATIBILITY RELATIONSHIP DESIGN FEATURES PARKING & LOADING TRAFFIC COMPREHENSIVE PLAN LANDSCAPING NATURAL & GEOLOGIC HAZARDS WORKABLE PLAN 1. Compa�bility DESIGN COMPATIBILITY AND SENSITIVITY TO THE IMMEDIATE ENVIRONMENT, NEIGHBORHOOD AND ADJACENT PROPERTIES RELATIVE TO ARCHITECTURAL DESIGN, SCALE, BULK BUILDING HEIGHT, BUFFER ZONES, IDENTITY, CHARACTER, VISUAL INTEGRITY AND ORIENTATION. "1111!•0.4vioui rp P IIP IAlip1�1g 111 ���M1�1�' 1 1 1 1 ..i v r. . SCALE ENVIRONMENT BULK NEIGHBORHOOD ARCHITECTURAL DESIGN ADJACENT PROPERTIES HEIGHT CHARACTER I . I - - , ,-, -- - i \ / -........,;z „ . ,. [ , . -- ..— — .- . ' N . .i.' • . ' ' ? ' ' '-•• --•-----"'"‘..- I \ -•:.—.-''' 1 0.1.i . 1 -/ 1/. _ - --"---"- — ..!, / ] , . "... . 11 1 I --, - i .),L.,,, / • --,. ' . • - , v: _ , ,y: Pr e ‘...... 1 ..,--ti 1 r. , , 1 — 7 ),•• 1 n' . ,„.... ba ..„4.„.,...c.,.. .." ',.. - .1/4--,.. 1..- .....----■ ,.. Phase 1 SCALE ENVIRONMENT BULK NEIGHBORHOOD ARCHITECTURAL DESIGN ADJACENT PROPERTIES HEIGHT CHARACTER M • 1111111 HMI int %kr • • SCALE 1 "'TT' P ENVIRONMENT BULK 111 1''Hi I v 11 NEIGHBORHOOD ARCHITECTURAL DESIGN r+ s - • # 4101 1.411 Mil "ITT! 3. • Lor r . 71.4 r 411 • -4+ �. f ■J _ TL : 1! ADJACENT PROPERTIES HEIGHT CHARACTER q1lV11!IIII,1I 1IPt'fiN1IlgP1$l1+1J111I 111• P1111110 SCALE ENVIRONMENT BULK NEIGHBORHOOD ARCHITECTURAL DESIGN ADJACENT PROPERTIES HEIGHT CHARACTER I , I IIINII' moan rim - 111:1.1111 HIE IIIIPINr ; h•' rf�: 11 il'gHll . } !14161,1 IIIflhI�LII II PII11 N 11III�1 lma uimiuII wprnrn 111 : :11 rfIH I1 ��lutlfil - rump= Irulfea itilnnllllIllI(1111111111INIII#IIIll111111I II IIIMMuii 1 iuu , IIIIMit I11,.:':f1i 1 IIIW 4=11K- 1 NE COMPATIBILITY BUILDING HEIGHT RELATIVE TO 48' ■u� 111 04i1 11.1 1 1 .._-_ E J ;-: f1[fff11]iif111111N111 1.1l11�1i 11' 1011111 N J D roilfifiI M11iY. l I r' .i" it i illI�3] 1#1Jaiii ll�iilii I N!2 low w o ;;,: irk gI[ii11�[111�1 �11i1n'I r ?a_=- -.11111 �i�J11�1V1 fi V111 IIll, llli�l�l I�Ilo 11 g 1111 LiiIII1h1i1 1 NW xa_ YBPG4C Setbacks Complies 100% on front, rear, and west side East setback varies based on the level of the building - 15 ft. to 20 ft. from the property line Columns create grade level encroachment otherwise open Level 1, 15 ft. to north column and 18 ft. • Level 2, 15 ft. to three points on facade • Level 3, 20 ft. minimum to building facade Level 4, 20 ft. minimum to building facade Dormer Level, 20 ft. minimum to building facade ■ 1 • • 0 • - • ■ ■ ■ - AREA OVER2Q• SEI EA K126 SF "-round ■ • ■ • 2n— sETI/C 1 m !I In MI Al Mi • 11 1E1 in 1E1 in AnEA weft 20 SE'6ACF( iZ 8F OF EHU AREA OVER 20 GC-QACK �7C ar QF HOT2 • r-diaTTL r . t . ■ r ► ■ r - - ■ ■ Level 2 � J ■ 1 Awl - BEBACK L i T AREA OVER 3C' SR1.64K-0 S' Level 3 - • ■ COMPATIBILITY SCALE ENVIRONMENT BULK NEIGHBORHOOD ARCHITECTURAL DESIGN ADJACENT PROPERTIES HEIGHT CHARACTER Buildings in immediate neighborhood are older & likely to be redeveloped in the next 20 years Compatibility should not only consider existing buildings but future conditions Compatibility does not mean "consistency" or being "same" or even reflecting similar character Compatibility is subjective term more in line with "can they coexist" We believe revised facades are compatible with neighborhood • Design reflects elements and character of adjacent buildings: Roof forms, stone, wood siding, stucco, and heavy railings TYROLEAN 2. Relaflonship USES, ACTIVITY AND DENSITY WHICH PROVIDE A COMPATIBLE, EFFICIENT AND WORKABLE RELATIONSHIP WITH SURROUNDING USES AND ACTIVITY. NA id Mil gi • • i ' - -w - `1. t Mutrit4 —11.0.4 oppr1"1�11�P1l4A1'pr1' 11' •,roil- 1 RELATIONSHIP USES EFFICIENT ACTIVITIES COMPATIBLE DENSITY WORKABLE - Criterion speaking to compatibility of uses & activities, rather than building or architecture North - 1-70 & South Frontage Road • South -Town of Vail stream tract, zoned NAPD South of Gore Creek - residential townhouse developments zoned HDMF Surrounding properties, including Tyrolean, Apollo Park, and the Wren are all zoned HDMF Uses proposed are all same as on adjacent properties The proposed uses are all uses encouraged by the Town's Comprehensive Plan !die APOLL PARK A & B APOLLO PARK • 40 units 34 timeshare 6 DU 0 EHU 0 AU • Density is 31 du/acre • Use is primarily lodging and short-term rentals THE WREN • 61 units 42 timeshare 1,932 owners • 19 DU 0 EHU 0 AU • Density is 36.5 du/acre • Use is primarily lodging and short-term rentals TYROLEAN • 9 units 9 DU 0 EHU 0 AU • Density is 24 du/acre • Use is primarily 2nd homes with some short- term rental MOUNTAIN VIEW SDD • 44.5 units • 35 DU 10 EHU 19 AU • Density is 34.3 du/acre • Use is 2nd homes, lodging, short term rentals, employee housing • Prior to Phase 1, 49 units built on the site 38 25 13 0 Density Allowed by HDMF Density (du/acre) .. TYROLEAN MOUNTAIN VIEW APOLLO PARK WREN RELATIONSHIP USES EFFICIENT ACTIVITIES COMPATIBLE DENSITY WORKABLE APOLLO PARK AT VAIL HOMEOWNERS' ASSOCIATION 8547 E. Arapahoe Road, #J542 Greenwood Village, CO 80112-1436 303-590-6038 - 303.6904511 FAX May 15,2017 • tAren East *It Hvspit�ality May 15, 2017 Planning and Environmental Commission Town Council rfn innathan Sponra, AIC? Senior Planner, Town of Vail • IGHBORS NOT OPPOSED Via e mail: jsponce@vailgov.com vailgov.corn Dear Mr. Sponcc: As President of the Apollo Park at Vail Homeowners' Association, I write to notify you that our Board of D -rectors has reviewed the plans for Mountain View Residerces Phase 11. We will not oppose the plans as presented. Sincerely, *4-' • _e"...3.qc-clkiti David J. Zessin, President Apollo Park at Vail DJZ:iin in addition to the workforce housing units, I am excited to see new and modern hotel and condominium inventory proposed for this location. It will bring much needed activity and vibrancy to our end of the village. Please approve this project. Thank you, Derek Schmidt General Manager, The Wren 500 South Frontage Road 1 Vail, Colorado 81657 Phnne: 970.476.0052 1 Fax: 970.476.4101 3.1)arking&lioacling COMPLIANCE WITH PARKING AND LOADING REQUIREMENTS AS OUTLINED IN CHAPTER 10 OF THIS TITLE. AN nt I1� 111 PARKING & LOADING REQUIREMENTS CHAPTER 10 Comply with Parking 100% # of loading berths complies = 1 berth Formal loading space will serve both phases Opportunities exist to manage package drop-off and delivery for all owners • Luxor machines (lockers) for packages a possibility for both phases F !WNY LIAL r'LoiNERS F+EATE7 PAVER NIAL< ANP pRI'VEINAY oRNAM):NrAL sRASSES (-YP.) POrE'fT AL PiJELIO ART FEATJRE-\\ /t\\ a a �XI�TINCti 5HRU135 TO RtMAIN (TYP) 1' EI2OV N5TONE IBOULf7ER ouTGR2PPI14b (TYP.) HEATED PAVER SOEINALK i EXISTINS L.ANI,SCAPE ON EAST SIVE OF PA` % LIC TO REMA TV SMALL DEGll JGUS S-HRLJ (TYP.) 4. ComprehensivePlan ONFORMITY WITH APPLICABLE ELE ENTS OF THE VAIL COMPREHENSIVE PLAN, TOWN POLICIES AND URBAN DESIGN PLANS. Emmiim•imommmit i� �IpN,�4' """,.400,777,17,771v •,�Mlq� "• • :-- Pan - - r.--,7"----.".— — —91"'• . ."—a- 4., "p -- - -sr.,_,._-t 4 _ , ,:i1,,_ , .._, n -..,_ ''''...,,ii.:6- ,- .%. _ 7 -_� - ±# £ iF.MMElkae I'. NIL } ipsiw a. -Nri #ir. • * • . ,. P /-. Ir i •- /# s 1 1 L RESIDENTIAL/LODGING INFILL - mO.L;% • • CETI TIF( �__ mIN taigialaik 01r *1.11arM rare • 1 4.. Ir ■ 4 • N M1~ 411.1 *r,mr, a+Ws vOtmir [moi + +•U 0 41112.- ' 4 .111 10111* r— Erna •(* moire. - _...._ Noir& imimmume v i ACTION PLAN IVAIL T uA PLAN Town of Vail Comprehensive Plan I + .ot Cann pi Kd I)e nt • ADDITIONAL DEVELOPMENT BEYOND EXISTING ZONING • RECOGNIZED THAT SITE ALREADY EXCEEDED ZONING • RESIDENTIAL INFILL OVER EXISTING S URFACE PARKING • AREA SHOULD PROVIDE ADDITIONAL D ENSITY WITHIN CLOSE PROXIMITY TO VILLAGE CORE COMPREHENSIVE PLAN CONFORMITY TOWN POLICIES IM V V Objective 2.3: Increase the number of residential units available for short term overnight accommodations. Policy 2.3.1: The development of short term accommodation units is strongly encouraged. Residential units that are developed above existing density levels are required to be designed or managed in a manner that makes them available for short term overnight rental. Objective 2.6: Encourage the development of employee housing units in Vail Village through the efforts of the private sector. Policy 2.6.1: Employee housing units may be required as part of any new or redevelopment project requesting density over that allowed by existing zoning. Policy 2.6.2: Employee housing shall be developed with appropriate restrictions so as to insure their availability and affordability to the local work force. Policy 2.6.3: The Town of Vail may facilitate in the development of affordable housing by providing appropriate assistance. Policy 2.6.4: Employee housing shall be developed in the Village when required by the Town's adopted Zoning Regulations. Arr AM— A - — — ♦ 1T 4- •••• e 171 - 171 LBCND�� 34 Withiuld gl.orA QF 1!ALMO Pipit +F Mums iroam ■t • le demi Iui%GI lrr `.a w•41 WNW lima iryd min . -144m - Ory *mei AMA ■ d•r.rdl b — 7�q IwCrrES VMSIVO On M' LJ 10 -IL Inas r•") WIT C-,#Yli• 7U Pf C1 Wflj 4UIGYl'i MUNI 01}•1 r• 41 LI IIPL71 L* *SAS{* —.O* 641061 f; -• J CONCEPTUAL BUILDING HEIGHT PLAN BUILDING MASSING [VILLAGE CORE SECTION' BUILDING HEIGHT PROFILE • GOAL OF THIS PLAN TO MAINTAIN THE CONCENTRATION OF LOW SCALE BUILDINGS IN THE CORE AREA WHILE POSITIONING LARGER BUILDINGS ALONG IHE NOIti fl _RN IPHERY (ALONL FRONTAjE ROAL,) • BUILDING HEIGHTS GREATLY INFLUENCE THE CHARACTER OF THE BUILT ENVIRONMENT IN THE VILLAGE. THIS IS PARTICULARLY TRUE IN THE VILLAGE CORE WHERE TYPICAL BUILDING HEIGHTS OF THREE TO FOUR STORIES ESTABLISH A PLEASING HUMAN SCALE. • THE BUILDING HEIG tvRESSEu ON THIS ILLUSTRATIVE PLAN ARE INTENDItu f0 PROVIDE GENERAL GUIDELIN . ADDITIONAL STUDY SHOULD BE MADE DURING SPECIFIC PROJECT REVIEW RELATIVE TO A BUILDING'S HEIGHT IMPACT AND THE STREETSCAPE AND RELATIONSHIP TO SURROUNDING STRUCTURES. TALLER BUILDINGS ALONG FRONTAGE RD CONSISTENT WITH RECENT APPROVALS BUILDINGS STEP DOWN AT STREETS & ROUNDABOUT 7 5.25 3.5 1.75 a .4 (73, l %Po 04% lEj 14 19 0 5.NaturalAnd/OrGeologidllazard IDENT KATION AND MITIGATION OF NATURAL AND/OR GEOLOGIC HAZARDS THAT AFFECT THE PROPERTY ON WHICH THE SPECIAL DEVELOPMENT DISTRICT IS PROPOSED. . irIpNip4' "1.1.1.0ib {T�Titi"p7FTTIP IAliprig 111 ••ptio p...:. 1 1 1 1 .07 .i — r: ii A IIS N L 1 1N 0.7 , IDENTIFICATION MITIGATION No natural or geologic hazards impacts of project Report addresses all environmental concerns: Environmental Impact Report was prepared by Daiva Miselis of Watershed Environmental Consultants Report concludes project is appropriate & without significant impacts to the environment Daiva PINS Principal Founding Principal. Daiva Miselis has over 20 years of experience range management, western ecology and v'etla nds. She is a Professional ' etlan d Scientist and holds a Bachelor of Science in Environmental Resource Management, and a Mester of Science in Rangeland Ecology and Walersh ec Management from University ofWyoming. Daiva oversees the natural resource project management, design and permitting needs of Ian.downars when deal;ni with wetlands. and stream~ side developrier,Rs. Since 1999 she has he!pea landowners, private and public. navigate the sometimes complicated resource Taws that protect our treasured rocky mountain landscapes. • climate hydrology atmospheric conditions geology • wildlife vegetation • wastes noise odors • visual concerns 6. DesigiiFeamres SITE PLAN, BUILDING DESIGN AND LOCATION AND OPEN SPACE PROVISIONS DESIGNED TO PRODUCE A FUNCTIONAL DEVELOPMENT RESPONSIVE AND SENSITIVE TO NATURAL FEATURES, VEGETATION AND OVERALL AESTHETIC QUALITY OF THE COMMUNITY. i silty r = 1 -.T....-. _1-1I'T.ITYV ,I,L Ips+#,M , M N !` _ , _•M1/840--. — -1. . 1 1 _ ��. �I.YL_ - --1i., IMINIMMIWIMIlli_ .. EMEMIIIMMIIMMOMI=Millik ■• ' _� _ 11TH ,�. 'i }� 7,, ilk.. amilloy ii 1111,1014p �T��i"p7FTT I'p11 1+vr1g „ •p rol1�' '' 1,h._ ,r.- , N4N4411 ,x 7'!'i fIr < - .L ti x. DESIGN FEATURES SITE PLAN FUNCTIONAL DEVELOPMENT PLAN BUILDING DESIGN RESPONSIVE LOCATION SENSITIVE AESTHETIC QUALITY OF THE COMMUNITY Building is sited above existing parking structure =little disturbance to the site & vegetation Project complies with site coverage requirements for above -grade improvements & landscape area New vegetation is proposed to create transition from Frontage Road to buildings in sensitive manner The building design reflects aesthetic quality of community as evidenced by revised architectural plans 7. Traffic A CIRCULATION SYSTEM DESIGNED FOR BOTH VEHICLES AND PEDESTRIANS ADDRESSING ON AND OFF SITE TRAFFIC CIRCULATION. l "1" V"4"1"1171PrrIPrilL9771 111 11111111111111' -:. iriligir!p , . nt •0::,,A. 11 II * 1:4 7r.:1'.4:111:111714-721,4ti 1. . VEHICLES PEDESTRIANS CIRCULATION Traffic letter was prepared by Skip Hudson, P.E. of TurnKey Consulting, LLC Current CDOT Access Permit allows for more traffic than is generated by proposed development Due to fact that leased parking facility will be converted to parking serving the uses onsite Proposed Phase 2 does not require additional CDOT Access Permit or road improvements No net new impacts FUNCTIONAL AND AESTHETIC LANDSCAPING AND OPEN SPACE IN ORDER TO OPTIMIZE AND PRESERVE NATURAL FEATURES, RECREATION, VIEWS AND FUNCTION. "1111!•0.4vioui rpI 1P1I'1p1I 9ipto1� 111 ���M1�1�'1 1 LANDSCAPING FUNCTIONAL AESTHETIC PRESERVE NATURAL FEATURES Landscape plan was developed with eye towards functionality, use of native species, & maximizing the areas best suited for planting Large amounts of sod proposed along more formal interface with S. Frontage Road as requested by Public Works Department to accommodate snow storage Lawn area transitions to a 10 ft. sidewalk followed by formal landscaped areas in front of building Buffer area between road & building varies in width from approximately 35 ft. to 23 ft. • Existing paver pattern is proposed to be continued, creating cohesion between Phase 1 & Phase 2 • Landscape buffer is similar to the treatments in front of most buildings along the South Frontage Road LANDSCAPE PLAN LARGE DECIDUOUS —SPRUCE TREE SHRJE3 (TYP)_ 1, Ir(F) rr AGGENT EVERGREEN 'hHRLB i Tr 1c:. SOUTH FRiti T AGF RO A<7 BRONNSTONE EOJLQER OVTGROP.11.4.0 (TYP) LOA SFREADII+LS DEG IDUOUS SHRUB {TYP.? ASPEN TREE (TYP) PEREHAL TLONERS (TYP.} HEATED PAVER IHALIt AN7 LRIYEN{AY A,N. ORNAMENTAL 6RA55E� POTENTIAL JI C AEiT FEAL T XIBTfN6 SHRUBS TO WEM,4IN 3lDENALI< `\ 'EXISTING !)LDL`R RETAINING YJALL - Ir EX! STI N6 ASPEN TREE TO REMAIN (T"P). EX I STI NS EVERGREEN TREE TO REMAIN ('YP), — EX STING ASPEN TIBEE TO BE RM. -OYES, (TYP). EXIST INS E ERSREEN SMALL DEGI17(JOLS ,/ TREAT. TO REMAIN (TYP). SHRJB (TYP) l rr---EXi97I1,16 LAND5G.APE SMALL EVERGREEN SMALL DEGIGIOLS F (Ti Py yHR! t8 {TYPd IN TI -I15 AREA TO R-NAIN EXIETINS BO,L7ER. RETAI NINlG ^ALL ExlS I IN EVE . EN TREE TO BE RE7-fr 1V (TYP). ACCENT EVE=R6RE=A SHRUB (Tr.)—� ASPEN TREE (TYP) f_ 6RO eiNSTONE 6OULDER OUTGROPPIIe6 (TYP.1 HEATED PAVER SIDEPLALK } EXI ST INS LAND5GAPE ON EAST SIDE Or PAVER IhALK TO REMAIN SMA -1. CIPUOJS SHRUB (TY..) !� R OUTDOOR DECK LARdE DECADIJOJS `rtiRLll3 (TTI'). SFRJGC MEC (•YPJ 9.WorkablePlan PHASING PLAN OR SUBDIVISION PLAN THAT WILL MAINTAIN A WORKABLE, FUNCTIONAL AND EFFICIENT RELATIONSHIP THROUGHOUT THE DEVELOPMENT OF THE SPECIAL DEVELOPMENT DISTRICT. apppOl4' istimuto ;� • ,- � - � � ,-1/1‹- 1 1 I 1_ �� 9- bar WORKABLE PLAN PHASING PLAN SUBDIVISION PLAN Will be completed in one phase, therefore this criterion is not applicable Short construction time frame due to existing parking structure 14 Month construction period FrivateViews One thing you didn't see in the criteria was impact to private views Town does not regulate private views Town only regulates adopted public view corridors have more information I could cover on views and sun/shade as it relates to the Tyrolean -now or later in the evening CRITERION 1 COMPATIBILITY CRITERION 2 RELATIONSHIP CRITERION 3 PARKING & LOADING We have demonstrated that the project is compatible with the neighborhood and the overall development pattern of this area of Vail. It is similar in height, bulk, scale, and mass to recent redevelopment projects and will set a new standard for the neighborhood. We have demonstrated that the uses, activities, density proposed are compatible with and similar to the surrounding uses and densities. We have demonstrated compliance with the parking requirements of the Vail Town Code. We comply with loading dimension requirements, but are requesting a deviation for the location of the loading space. CRITERION 4 COMPREHENSIVE PLAN CRITERION 5 HAZARDS CRITERION 6 DESIGN FEATURES We have demonstrated conformity with the Vail Village Master Plan, and compliance with the Town's stated goals and policies. The site has no mapped natural or geologic hazards. We have provided an Environmental Impact Report concluding that the project is appropriate and without significant impacts to the environment. The proposed project produces a functional development plan which is sensitive to the existing landscaping, neighborhood, and overall design aesthetic of the community. CRITERION 7 TRAFFIC CRITERION 8 LANDSCAPING CRITERION 9 WORKABLE PLAN We have demonstrated that the site successfully uses the existing traffic flow without major improvements and we have addressed the needs of both pedestrians and vehicles. We have demonstrated that the landscape plan is functional and aesthetic, optimizing the opportunities for landscaping, providing landscape buffers when needed, using native and appropriate species for the environment. Because the project will be completed in one phase, we have demonstrated that this criterion is not applicable. Public Su Apollo Park - Neighbor Wren - Neighbor Vail Valley Partnership Vail Valley Medical Center Vail Local Housing Authority Jeff Morgan, Workforce Housing Coalition Stan Cope, Lodge Tower Frank Johnson, Vail Mountain Lodge Several Phase 1 Owners Units 204, 305, Dan Godec, Past Chair BravoVail Michael O'Connor, Triumph Tom Talbot Jeff Andrews, East West Resorts APOLLO PARK AT HAIL HOMEOWNERS' ASSOCIATION 8547 E Arapahoe Roar, #J542 Greenwood Village, CO 10112-1485 202-890-8086 - 308.S90 -88L1 FAX Mrsy15, 7017 Jonathan Spence, AICP Town of Vail Planning and Environmental Commission 75 South Frontage Road Vail, CO 81657 Viae mail: jspencetvailgov.com Dear Mr. Spence. As President of the Apollo Park at Vail Homeowners' Association, I write to notify you that our Board of Directors has reviewed the plans for Mountain View Residences Phase II. We will not oppose the pans as presented. Sincerely, 3 . /AA/ David J. Zessin, President Apollo Park at Vail Vail Planning and Environmental Commission Vail Town Council c10 Jonathan Spence,AICP Senior Planner,Town of Vail 75 South Frontage Road Vail, Colorado 81657 Dear PEC and Town Council members: Neer workforce housing in Vail Village? A resounding YES froin members of the newly formed Eagle County Ih'orkfarce Housing Coalition! We are very pleased to support the Mountain View Residence Phase II project and the developer's application Fora Special Development District in Vail. It is clear that our workforce housing crisis requires a multi -pronged approach. We are very much in favor of the 10 livable workforce housing units proposed with this project, recognizing that the town of Vail will reach its ambitious goalof 1,000deedrestricted housing units by taking small bites out of a very large apple. Further, locating these units on the east end of Vail Village and on the in -town bus route will help reduce traffic and parking, m a kin g them highly desirable and more environmentally sustainable. VVe believe demand for these units•that also include dedicated parking; will be tremendous. Finally, a public-private partnership such as this that requires no financial investment from taxpayers is a win for everyone. Seeking creative solutions to the housing problem that plagues every municipality and business owner in Eagle County s the way we will collectively solve it. We must look for ways to increase the numberaf workforce housing units at every opportunity. We urge you to approve this well -considered plan in a timely fashion so that construction can begin this fall. Respectfully, DA -10 PE 3F-; St -eel r- C DP. , it vend/ 8'76?f1 Fact fres, Llestiivatiax Ilvrpitality May 15, 2017 Planning and Environmental Commission Town Council cjo Jonathan Spence, AICP Senior Planner, Town of Vail 75 South Frontage Road Vail, Colorado 531652 Dear PEC and Town Council Members: i am in favor of phase ll of the Mountain View Residences currently before die town of Vail Planning and Environmental Commission. As the general manager of a neighboring property, 1 believe this project will go a long way toward enhanong tate Golden Peak area. in addition to the workforce housing units, I am excited to see new and modern hotel and condominium inventory proposed for this location. It will firing much needed activity and vibrancy to our end of the village. Please approve this project. Thank you, Derek Schmidt General Manager. The Wren 500 South Frontage Road 1 Vail, Colorado Rtli57 Phone: 970.476.0052 1 Fax 97U,476.4103 May 15. 2017 Planning and Environmental Commission Town Council c/o Jonathan Spence, AICP Senior Planner. Town of Vail 75 South Frontage Road Vali. Colorado 81657 Dear Mr. Spence PEC and Town Council Members' Asa member of the Workforce Housing Coalition. I am writing you today to ask for your approval on the Mountain View Residences Phase 11 SDD application. The Workforce Housing Coalition is a very large group of engaged business owners, employees, elected officials and other concerned Eagle County residents who are looking for ways to address our housing crisis. One of our recent topics of discussion was the value of public-private partnerships in addressing this crisis. I believe this project with its 10 workforce housing apartments paid for completely by the developer is a perfect example of a public-private partnership. We must be prepared to make some accommodations for developers to be successful if we want them to build more than the required square footage of EHLIs. I support this project 100% and see it beautifying our view of Vail from the highway. Sincerely, Jeff kilorgan Associate Broker Ron Byrne & Associates Real Estate 285 Bridge Street Vail CO 31657 1 1 April 11, 2017 Planning rind Environmental Commission Town Council c/o Jonathan Spence, AICP Senior Harmer, Town of Vail 75 South Frontnge Road Vail, Colorado 81657 Dear PEC surd Town Counci] Members: Vail Valley Medical Center www.vvmc.ccm 1C1 VA& M.Sc. nn.x. Yei. Cc C165, roum.iQ,uw.•nl. sysr OC On behalf of Vail Valley Medical Center. 1 am writing to you to voice our support for the proposed Mountain View tesidenccs Phase 2 project. As you arc likely aware, it is a challenge for V V! IC and most all employers to Lind available housing in the Vail Valley, especially in Vail. We were eacourvged to see the plans for the second phase of the Mountain View Residences include nine functional and livable Ell itis, on the periphery of Vail Village and on the in -town bus route. A project like this and outer projects of its kind are important for employers staff, particularly mid to upper level managers and professionals so they have the opportunity to both work and live in Vail- !dote projects like this are seriously needed in Vail and will help assist employers in hiring and retaining quality staff who will continue to provide critical services to residents and gnats of Vail. We view this project as vet another step Forward in Vail's plan to acquire 1.000 deed -restricted workforce -housing units, without spending a dime of taxpayer clofti s. .We hope you'll consider this critical public benefit as the Mourrtain View project min. -es through the town's approval process. We urue you to approve this project in as timely a manner as your schedules and processus allows. Respectfully, k Smith Chief Admintsirsli4e Officer Vail Valley Medical. Center May 15. 2017 The Vail Town Council Vail Plannine & I:nvironinental C'olnnlission 75 South Froutagc Road Vail, Colorado 31657 Dear blain Chapin, Colwell Members and PI :C' members: I' ill writing to voice my support for the proposed Mountain View; Residences Phase 1I development. I believe the project brings a good balance of hot beds and employee hints mg unity ahtng tiu•i1h IIte addilinnal nets CINIdtnniTrilnnv. Also, Vail and all of ]'agle County continue to desperately need livable workforce housing , especially located close to our largest ciuploymeut centers. Having the proposed 2 -bedroom apartments for rent inVail Village and on lire in -town lens route will he a positive addition 10 our 10w11 and will help la fill a cntcial freed. It is my opinion That this project brings numerous public benefits to the east end of Vail Village and 1 urge you to approve it. I hank you for y'Ilrlr lune, :Mil fin. your (Liberman to fire lnwT1 {}f Vai 1. Sincerely, Stan Cope Gemini Resort Ili auagcment Lodge Tower Vail Mountain Lodge Residences al Solaris AA. 20i6 Chamber rapt fancy _of the Year e ✓9KYRLA iNir• May 15, 2017 Vail Planning Si Environmental Commission 'fawn of Vail 75 South Frontage Road Vail, Colorado 81657 Dear PEI members: Vail Valley partnership IVVPI Is the regional chamber of commerce representing Eagle County, Colorado, Our organization has over 840 member organizations, representing over 80% of the local workforce within the valley. As you are aware, the Mourtain View project proposes both a mid-range hotel product and much needed workforce housing, both of which are aligned our Fist of community priorities. As such, the Vail Valley Partnership encourages your committee to move forward with the proposed Mountain View project and we Zook forward to continuing discussions to give our full and enthusiastic endorsement. We feel this project addresses several critical Issues facing Vall and Eagle County: 1. The dire need for deed -restricted workforce housing with 10 deed restricted apartments 2. Mid -priced, or entry-level, lodging options with 19 units Through our lens of economic vitality and business success, this project is exactly what is needed in Eagle County. The project's location within the town of Vall and In close proximity to the Vali Village commercial core is another plus. we believe it is important to provide housing within developed areas and within easy access to transit and close to Jobs. This fs a goad example otappropriate in -fill and Is similar to other piojectsalov the Frontage Road. Additionally, we believe noir is the time to take bold steps to address the needs of the Vail community, both business and residential, relative to both workforce housing and addressing entry-level lodging options. This project checks every box and does so with a thoughtful and impressive design, careful consideration of the surrounding neighborhood, and located in the highly desirable town of Vail. This type of project is a win for Vail as far as the Vail Valley Partnership is concerned.. We strongly and respectfully urge the members of town council to consider the many public benefits of this project as it mores through the approval process. Best regards, Chris Romer President & CEO Vail Valley Partnership PO Box 1130, Voii, Ct7 81658 VatIVnfleyPartnership.com f VisitVaiNalley.com / VailVolleyMeonsBusiness.con / VolionSuie,com DJZ:an TRIUMPH 7June 2017 Jonathan Spence Planning Department Town of Vail 75 South Frontage Road Vail, CO 31557 Fonathan: I am submitting this Ietaer today in advocacy for the approval of the Vail Mountain View Residences Phase 2 development project, For the batter part of the East 18 years I have been engaged in the business of managing residential resort property in the geographic area from East VaII to Cordillera, though always with a high concentration of properties within the Town of Vail. A good number of those properties [currently Including 4 units In Phase 1 of the Vail MounthIn YIew Residennesj are part of our vacation rental program. Additionally, until 2006, Peak Properties, the forerunner of Triumph Mountain Properties.. built and re- modeled numerous residential properties In the Town of Vail, a few al which Incorporated the requirement of EHUs. Given my background and experience in Vall i ant in favor of the proposed project for tura main reasorr.s. First, there can be no doubt that our valley Is In need of more housing of a standard that works fo r professional individuals, including those with families. The Town has already de monst rated s wtllingness w help address this need through a variety of recent housing initiatives. This project is dedicating 30%afthe square faatage ItIrrrends to build to employee hazing - in my time here I am unaware of another project that has d edirated such is Iarge portion of space for this purpose. By approving this project the Town can help seta standard for future sin i r development projects and take credit for another successful addition to the stack of housing that expands the year round population of the Town. Second, the mix of rentable accommodations (i.e. hot beds) available within the proposed building can also be construed as a public good. The planned hotel rooms will certainly be of a high standard from a finish quality level but c n occupy a more moderate price point in the marketplace thus making them an attractive lodging option an a year round basis. itnirupihroupprimplopie.o p49p rt. iptilit' 44, r.. Thank you for your time and consideration today We have responded in a positive way to every comment or suggestion provided to us. We believe the result is a project where the benefits outweigh the impacts in a significant way Our project meets the short and long term goals of the Vail Comprehensive Plan We are proud of the substantial contribution we are making towards employee housing We hope you agree and will vote to approve this project on first reading OBJECTION TO TILE APPLICATION OF LUNAR VAIL, LLC TO ESTABLISH SPECIAL DEVELOPMENT DISTRICT NO. 42 BY A COALITION OF OWNERS OF VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK TO: Vail Town Council 75 S. Frontage Rd. Vail, CO 81657 OBJECTING PARTY: Owners of Residential Units 302, 104, 404, 403, 304, 406, 303 and 205 Vail Mountain View Residences on Gore Creek Owner's Association, Inc. cfo Kerry H. Wallace Goodman and Wallace. P.C. P.O. Box 1886 Edwards. CO 81632 Counsel for Objecting Party ATTORNEY FOR OBJECTING PARTY: Goodman and Wallace, P.C. Kerry II. Wallace. 0102 Edwards Village Blvd., Suite D-201 P.O. Box 1886 Edwards, Colorado 81632 Telephone: 970-926-4447 Email: Kerrv(i oodmanwallace.corn This Objection is filed by a coalition of owners of residential units (the "Owners'') at the Vail Mountain View Residences on Gore Creek Owners' Association, Inc. ("VMVR") regarding the application filed by Lunar Vail, LLC (the "Applicant") for a Special Development District ("SDD"). The objecting Party constitutes over 20% of the Allocated Interests in VMVR. VMVR is a mixed use project located at 434 South Frontage Road East, Vail, Colorado and consisting of 23 residential units and 13 Commercial Units ("VMVR Project"). The Commercial Unit is a parking garage upon which Applicant proposes to construct the SDD with parking spaces therein also designated as "Commercial Units." The VMVR Project was developed in 2008 with Vail Mountain View Residences Owner Coalition Objection to Lunar Vail, LLC Application for Special Development District Page 1 all of the Residential Units being sold to the public by the Applicant by September 30, 2010. The Commercial Unit was originally treated under the VMVR Governing Documents as a single unit but was subsequently subdivided into individual parking spaces that have been sold and/or transferred at various times. The Condominium Declaration for the VMVR was recorded in the records of Eagle County. Colorado on December 5, 2008 at reception number 200825629 ("Declaration"). The Declaration has subsequently been amended by Applicant four times to date as follows: 1. First Amendment - March 23, 2010 to combine Units 101 and 102; 2. Second Amendment - April 3, 2012 to subdivide the Commercial Unit into Parking Spaces; 3. Third Amendment - February 11, 2015 to further subdivide the Commercial Unit into Commercial Parking Spaces; 4. Fourth Amendment - March 1, 2017 to further subdivide the Commercial Unit into Commercial Parking Spaces; I. Background and Summary of Objection A. Failure to Meet Requirements of Section 12-9(A) of the Vail Town Code Section 12-9(A), Special Development (SDD) District, Town Code of the Town of Vail, Colorado ("Code") at Section 12-9A-3 requires applicants for an SDD to submit with the application, "written consent (Owners of all property to be included in the SDD, or their agents or authorized representatives." Section 12-9A-2 defines Agent or Authorized Representative as the following: "Any individual or association authorized or empowered in writing by the property owner to act on his (her) stead, if any of the property to be included in the special development district is a condomzniumi ed development, the pertinent condominium association Vail Mountain View Residences Owner Coalition Objection to Lunar Vail, LLC Application for Special Development District Page 2 may be considered the agent or authorized representative for the individual unit owners if authorized in conformity with all pertinent requirements of the condominium association's declarations and all other requirements of the condominium declarations are met." Applicant submitted a written approval letter dated March 27, 2017 executed by Mary Anne Redmond purportedly acting as President of VMVR. See the "Approval Letter" attached hereto as Exhibit "A". Mary Anne Redmond was not an authorized representative of the VMVR and as such the Approval Letter fails to meet the criteria of Section 12-9A-3 of the Code as addressed in detail below. Mary Anne Redmond is an employee of the Applicant and all Members of the VMVR Board of Directors are appointed by the Applicant. There are no Residential Owners represented on the Board of Directors despite the Residential Owners having 64% of the Allocated Interests in the VMVR. Applicant does not own a Residential Unit. Town of Vail Staff was concerned as to the validity of the Approval Letter and in response to said further inquiry the Applicant provided an opinion Letter from Applicant's own Counsel asserting that Applicant had no duty to seek the consent of the VMVR Owners in relation to an Application for an SDD based upon a general reservation of development rights. See "Applicant Letter" dated May 17, 2017 attached as Exhibit "8". The Applicant Letter is misrepresentative of the scope of the Development Rights under the VMVR Declaration but more importantly the Applicant Letter misrepresents that "Gore Creek LLC is keeping the Association CIS well as the individual unit owners in Phase 1 infbrrned as the application proceeds ,-ith the Town of Vail." In fact, the Phase I Residential Owners were not advised of the Application. Applicant provided correspondence to Phase I Owners advising that Phase 11 was going to proceed as previously planned in 2007 (which did not envision an SDD) but made no Vail Mountain View Residences Owner Coalition Objection to Lunar Vail, LLC Application for Special Development District Page 3 mention of the SDD Application which Application, if granted, will substantially change what all Phase 1 Residential Owners understood could be developed as part of VMVR Phase 1I. See Applicant Phase II Letter to Owners attached as Exhibit "C". Many Phase 1 Owners learned of the pending application through an article in the Vail Daily. It appears that, surprisingly, Staff accepted the self-serving opinion from Applicant's own Counsel and failed to take any further steps to ensure that the Approval Letter met the Code requirement that "the pertinent condominium association may be considered the agent or authorized representative for the individual unit owners if authorized in conformity with all pertinent requirements of the condominium association's declarations and all other requirements of the condominium declarations are met." An overview of the basis for the invalidity of the Approval Letter is as follows: 1, Declarant Control Period Has Terminated - The current members of the VMVR Board of Directors were appointed by the Declarant which can only occur during the Declarant Control Period under the VMVR Declaration. Upon termination of the Declarant Control Period, an election needs to be held and the Board of Directors elected by the Membership. See Sections 7.5(e) and 14.1(g) of the VMVR Declaration, as Amended, and the Colorado Common Interest Ownership Act codified at G.R.S. 38-33.3-101 et seq. ("CCIOA" or the "Act") at C.R.S. 38-33.3-303(5)(a)(I). The Declarant Control Period expired on or about November 5, 2010 as at that juncture it had been two years after any right to add new units was last exercised by the Declarant. Mary Anne Redmond is not a duly elected member of the VMVR Board of Directors and is not the duly appointed President of the VMVR Board of Directors. She has no authority to bind or act for VMVR. 2, Failure to Follow Mandated Governance Procedures - Even if Mary Anne Redmond were the duly elected President of the VMVR Board of Directors, there was a complete failure by the VMVR Board of Directors to follow required procedures to authorize Ms. Redmond to execute the Approval Letter per the VMVR Declaration, Bylaws, the Act and the Colorado Revised Not for Profit Corporate Act ("CRNCA"). The general reservation of Development Rights in the Declaration does not constitute carte blanche tacit approval for any type of development of Phase 11 by the Owners of Phase 1. Neither does the reservation of Development Rights in the Declaration remove the rights of Owners of Phase I to address major changes in zoning, as proposed here, or to address design review matters and concerns. The Development Rights reservation further does Vail Mountain View Residences Owner Coalition Objection to Lunar Vail, LLC Application for Special Development District Page 4 not allow circumvention of mandatory governance processes. The discrepancies include without limitation: a, Proper Approval Processes Not Followed. Failure to call, notice and hold a I3oard of Directors Meeting to address, discuss and approve the SDD and grant Mary Anne Redmond authority to execute the Approval Letter on behalf of VMVR. There are very specific requirements under the Declaration, Bylaws, Act and CRNCA that govern this process and it appears none of the required processes were followed. The result is a complete failure of the Declarant appointed Board of Directors to properly notice and advise the Residential Owners of the Application. These actions appear to be deliberately aimed at keeping the Residential Owners from being aware of the SDD Application in contravention of the legal duties owed by a Declarant appointed Board of Directors of a Common Interest Cotnmunity. b. Breach of Fiduciary Duty/Conflict of Interest - Failing to notify the Residential Owners of the Application for the SDD while then purporting to act on said Owners' behalf by executing the Approval Letter is a breach of fiduciary duty. The Residential Owners comprise 64% of the Allocated Interests in the VMVR. The currently improperly constituted VMVR Board of Directors is comprised of appointees of the Applicant who is also the Declarant. None of the Board of Directors appointees are Residential Owners. The Declarant owns the Commercial Unit where the SDD is proposed to be built. This is a breach of the Declarant appointed Board Members' fiduciary duty owed to the Residential Owners under Colorado law and constitutes a conflict of interest. Members of a I3oard of Directors of a Not -for -Profit Common Interest Community are required: i. To meet the requirements of the CRNCA at C.R.S. § 7-128-501, regarding Conflicts of Interest. See C.R.S. § 38-33.3-310.5. ii. To act in a fiduciary capacity for all Owners. Declarant appointed Board Members are statutorily elevated to the position of a fiduciary on behalf of all other Owners. See C.R.S. § 38-33.3-303(2)(a). As the Approval Letter is invalid it cannot satisfy the requirement that a joint property owner, or its legal representative, consent to the Applicant's application for a Special Development District. For this reason the Applicant's application for a Special Development District cannot be approved. 13. The Application Fails to Meet SDD Criteria. Vail Mountain View Residences Owner Coalition Objection to Lunar Vail, LLC Application for Special Development District Page 5 As set forth in detail below and as articulated by 3 of the 7 Members of the PEC on June 12, 2017, the Application does not meet the SDD Criteria and the Application should be denied. 11. Objection A. APPLICATION FOR SDD FAILS TO MEET THE REQUIREMENTS OF SECTIONS 12-9A-2 AND 12-9A-3 OF THE CODE. 1. The Period of Declarant Control of VMVR Terminated November 5, 2010. The period of Declarant control of VMVR terminated November 5, 2010 pursuant to Section 38-33.3-303(5)(a)(1) of the Act and Section 7.5 of the Declaration. Section 7.5 of the Declaration provides as follows: There shall be a Period of Declarant Control of the Association, during which Declarant, or Persons designated by Declarant, may appoint and remove the officers of the Association and the members of the Board of Directors. The Period of Declarant Control shall continence upon filing of the Articles of Incorporation and shall terminate no later than the earlier of- (a) sixty (60) days after conveyance of seventy-five. percent (75%) of the Units that may be created to Owners other than an Declarant,- (b) two (2) years after Declarant 's last conveyance ofa Unit in the ordinary course of business; or (c) two (2) years after any right to add new Units was last exercised. The first exercise by Declarant of a right to add new units occurred via the Second Amendment to the Declaration recorded in the public records of Eagle County on April 5, 2012. See Second Amendment to Condominium Declaration for the Vail Mountain View Residences on Gore Creek (the "Second Amendment") attached hereto as part of Exhibit "D.2". Although the First Amendment to the Declaration was recorded on March 15, 2010, the First Amendment does not create new units but instead combines two (2) Units, effectively eliminating a Unit. See First Amendment to Condominium Declaration for the Vail Mountain View Residences on Gore Creek (the "First Amendment") attached hereto as part of Exhibit "1/1". Thus, there was no exercise of a right to add new units from the date of Vail Mountain View Residences Owner Coalition Objection to Lunar Vail, LLC Application for Special Development District Page 6 the filing of the Articles of Incorporation on November 4, 2008 until the recordation of the Second Amendment on April 5, 2012 --- a 15 year gap and the Period of Declarant Control automatically terminated under Colorado law and the Declaration no later than November 5, 2010. See Articles of Incorporation attached hereto as Exhibit "E". Additionally, after the Second Amendment there was no further exercise of a right to add new units until a third amendment of the Declaration was recorded on March 4, 2015. See Third Amendment to Condominium Declaration for the Vail Mountain View Residences on Gore Creek (the "Third Amendment") attached hereto as part of Exhibit "D.3". This creates an additional almost 3 year gap that would have terminated the Declarant Control Period. This conclusion carries significant consequences for the lawful operation of VMVR and composition of its Board of Directors. Under Colorado law, the termination of the Period of Declarant Control requires the election by the owners of the Board of Directors. See C.R.S. § 38-33.3-303(7). In addition, the Bylaws of VMVR state that the terms of all existing Board Members automatically expires at the first Board meeting conducted after the end of the Period of Declarant Control. See § 4.4 of the Bylaws of Vail Mountain Residences on Gore Creek Owners' Association, Inc., a true and correct copy of which is attached hereto as part of Exhibit "F" ("Al the first meeting of the Board of Directors after the Period of Declarant Control, the terms of all existing members of the Board of Directors shall be deemed to have expired, and an election shall he held fir- all members of the Board."). The VMVR Board has conducted a number of meetings since November 5, 2010 but no election of new board members has taken place. The VMVR Board consequently has been without legal authority to take any, action since November 5, 2010 (except for conducting an election for new board members). For this reason, the Approval Letter is not a valid action of the VMVR. Vail Mountain View Residences Owner Coalition Objection to Lunar Vail, LLC Application for Special Development District Page 7 Section 12-9A-3 of the Vail Town Code requires that "ftjhe application [for a Special Development District] shall be made on a form provided by the department of community development and shall include ... written consent of owners of all property to be included in the special development district, or their agents or authorized representatives." The form attached as Exhibit "A", which comprised a portion of the application submitted by Lunar Vail LLC, is signed by Mary Anne Redmond as purported President of the Association. Ms. Redmond, an appointed agent of applicant, Lunar Vail, LLC, has no authority to aet on behalf of VMVR which ceased to be controlled by Lunar Vail, LLC as Declarant on November 5, 2010 as described in detail below. The current Board of Directors of the Association is improperly constituted due to termination of the period of Declarant control without subsequent elections as required by C.R.S. § 38-33.3-303(7) and Section 7.5 of the Declaration. 2. Failure to Follow Mandatory Governance Procedures. Section 12-9A-2 of the Code requires that an Agent or Authorized Representative "may he considered the agent or authorized representative for the individual unit owners if authorized in conformity with all pertinent requirements of the condominium association's declarations and all other requirements of the condominium declarations are met." (emphasis added). Not only was Ms. Redmond not so authorized as discussed above, but Applicant also failed to meet its duties under the Declaration and Colorado Law to keep all Owners reasonably informed of natters that impact VMVR. The lack of transparency with which Declarant has pursued the SDD gives rise to several violations of the Act and CRNCA. a. Failure to Follow Mandatory Governance Procedure in Regard 10 Meetings. The Act and CRNCA require that all meetings of the Executive Board be open to all members of the association and that agendas for such meetings be made reasonably available for Vail Mountain View Residences Owner Coalition Objection to Lunar Vail, LLC Application for Special Development District Page 8 examination by all members of the association. C.R.S. §§ 38-33.3-308(2)(a), 7-128- 203(a)(1)(A). CRNCA requires that annual notices be provided to Owners of how owners will be apprised of hoard Meetings and Agendas. This never occurred. The Act also encourages the provision of all such required notices and agendas in electronic form, by posting on a website or otherwise. Section 8.4 of the Declaration also requires that " f"aJll meetings of the Board of Directors, at which action is to he taken by vote, will be open to the Owners and Eligible First Mortgagees, and agendas for meetings of the Board of Directors shall he made reasonably available for examination by all members of the Association or their representatives and Eligible /irst Mortgagees, except as set forth in the Bylaws." [emphasis added]. There is no evidence that the Board of Directors complied with the foregoing provisions of the Act, CRNCA and the Declaration. VMVR has not posted agendas or meeting minutes to its website nor provided Owners with an opportunity to speak on the issue of the pursuit of an SDD by Applicant. None of the Owners comprising the Objecting Party were notified of a proposed Board Meeting at which the approval of the SDD Application would be discussed or approved. The only notice regarding Phase 11 to date to Residential Owners of Phase 1 was an email provided in March 2017 that made no mention of the SDD. See Exhibit " C". The Approval Letter is dated March 27, 2017 and purports to provide approval of the plans of the same date. Thus, on its face, the Approval Letter reveals that no Unit Owners were provided with the March 27, 2017 Plans upon which the Application is based, nor were they provided with an opportunity to comment on the same prior to Ms. Redmond's signing of the Joint Property Owners Written Approval Letter on their behalf. b. Conflict of Interest. Vail Mountain View Residences Owner Coalition Objection to Lunar Vail, LLC Application for Special Development District Page 9 As discussed above, Ms. Redmond was appointed to the VMVR Board by the Declarant which is also the Applicant. On information and belief; Ms. Redmond is also an employee of Ron Byrne & Associates. Ron Byrne is the Manager of Applicant/Declarant, Lunar Vail, LLC. Consequently, acts in support of the SDD Application by Ms. Redmond and any other purported director of VMVR who shares a similar relationship with Applicant/Declarant by virtue of appointment and/or employment give rise to a Conflicting Interest Transaction under the Association's Policy Regarding Conflicts of Interest, as well as CRNCA at § 7-128-501 and the Act at § 38-33.3-310.5. See Responsible Governance Policy attached hereto as Exhibit "G". The alleged SDD "Approval Letter" is void as the conflicting interest transaction was not appropriately disclosed to the VMVR Members and the Members have not ratified Ms. Redmond's actions. See Id The "Approval Letter" is not fair as to VVMR and the Approval letter is thus void or voidable or may be enjoined, set aside, or give rise to an award of damages. Id The Owners object to the authority of Ms. Redmond to act on behalf of VMVR for the reasons set forth above and reserve the right to pursue the immediate enjoinment of the SDD Application in the District Court of Eagle County. c. Breach of Fiduciary Duty and Duty of Loyalty. Compared with Board members elected by member/owners of an association, the Act creates a heightened duty of care in Board members appointed by the declarant. See C.R.S. § 38- 33.3-303(2)(a) ("If appointed by the declarant, in the pet -fin -mance of their duties, the officers and member's of the executive board are required to exercise the care required of fiduciaries of the unit owners."). Thus, the Declarant appointed Board of Directors of VMVR had a fiduciary duty to represent all Members of VMVR fairly and transparently in pursuit of the development of Phase II. Vail Mountain View Residences Owner Coalition Objection to Lunar Vail, LLC Application for Special Development District Page 10 VMVR cannot waive its duty of loyalty to its members. See § 7-128-402(1) and the Directors of VMVR are liable for "acts or omissions not in good faith or that involve intentional misconduct or a knowing violation of law.... or any transaction from which the director directly or indirectly derived an improper personal benefit." Id. d. Portions of the Declaration are void. Sections 8.3, 14.4 and 15.9 of the Declaration are prohibited attempts to vary the provisions of the Act by agreement. Rights conferred by the Act "may not be waived." C.R.S. § 38-33.3-104. In addition, "[a] declarant may not act under a power of attorney or use any other device to evade the limitations or prohibitions of this article or the declaration." Id. See also C.R.S. 38-33.3-302(2) which provides, in pertinent part "The Declaration may not impose limitation on the power of the association to deal with the declarant that are more restrictive than the limitations imposed on the power of the association to deal with other persons." B. THE APPLICATION FAILS TO MEET THE REQUIRED SDD CRITERIA. Section 12-9A-8 of the Code requires Applicant to demonstrate that the Application complies with nine (9) specific criteria or that such criteria are not applicable, or that a practical solution consistent with the public interest has been achieved. The criteria is not met as follows: 1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. a. This criteria is not met for the following reasons: i. This is small residential project with a parking garage located in an area of the Town of Vail that does not have Targe buildings around it. The proposed SDD and related plans will allow a taller building than Phase 1 Vail Mountain View Residences Owner Coalition Objection to Lunar Vail, LLC Application for Special Development District Page 11 to overshadow and overpower the Phase 1 building. This will adversely impact light, air, heat energy created by sun and privacy. ii. A hotel facility coupled with Units that can in essence be used as hotel like rooms (i.e. lock offs) creates a high use that is not consistent with the residential area in which the project is located and adversely impacts Phase 1 and neighboring properties. This high use creates an adverse carbon footprint for a Town that is moving toward Green certification. iii. Parking is already a major issue and problem for the Phase 1 portion of the VMVR. Creating a large, dense additional project subject to use by a large volume of people at the same time will highly exacerbate this problem. iv. The Phase I1 parking garage is proposed to be cantilevered over the current entrance to the Phase 1 garages making it impossible for trucks and delivery vehicles to even pull into the garage entrance area. A separate loading area is needed for Phase I but is not proposed. v. Pedestrian access is compromised. vi. A 2.000 square foot "lobby deck" is proposed for Phase II which will overhang the pool area for Phase I. This creates an incredible invasion of privacy and impact on light and air around this important Phase 1 amenity. It also creates a life safety hazard as it creates an attractive nuisance for persons to jump off the Phase II Deck and into the Phase I pool. Vail Mountain View Residences Owner Coalition Objection to Lunar Vail, LLC Application for Special Development District Page 12 vii. Abuse of SDD — It was represented to the Owners of Phase 1 and said Owners relied upon the scope of the original project and Town zoning restrictions when they purchased Units at Phase 1. To allow GRFA, height, use and density restrictions to be simply circumvented by an SDD undermines the entire zoning process or ability of any purchaser of property in the Vail Village to rely upon what may or may not be built around them. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. a. The planned uses, activity or density for Phase II are not compatible with existing Phase I. See above. 3. Parking and Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. a. The planned location for the loading zone atop a public walkway is not just atypical, it is unsafe and certain to interfere with surrounding uses and activity. b. Parking is already major issue at VMVR and this will substantially aggravate that issue; c. Delivery trucks and tall vehicles will not be able to access the parking garage or even the parking garage entry area; d. The design will lead to guests at Phase 11 to park in the Phase I garage entry area blocking Phase I Owner access. This creates an emergency vehicle access issue as well. Vail Mountain View Residences Owner Coalition Objection to Lunar Vail, LLC Application for Special Development District Page 13 c. There is no ability to separate the Phase I parking and portions of the Phase II parking leading to major enforcement issues for Phase 1 on parking abuses and poaching as well as allocation of maintenance responsibilities. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. a. The deviations from the code associated with the project include: east side setback, building height, density, site coverage, and loading in the front setback. Each of these proposed deviations directly and negatively impacts existing usage and value of the neighboring Phase I development. b. The proposed deviations concerning height, density, mass, and bulk must all be weighed against the perceived public benefit of the Application. Public comment offered in support of the Application during the June 12, 2017 PEC meeting focused exclusively on the addition of Employee I-Iousing Units ("EllUs"). However, the proposed deviations are certain to exceed permissible Gross Residential Floor Area. As Mr. Lockman pointed out, such deviations should not be granted strictly based upon provision of EI -IUs. The benefit of EI-lUs does not offset the requested deviations and neighboring owners have not been adequately informed of the extent of the proposed bulk and mass are far beyond anything anticipated for the site. Thus, the Application is not compatible with the surrounding area. 5. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. Vail Mountain View Residences Owner Coalition Objection to Lunar Vail, LLC Application for Special Development District Page 14 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. See above in relation to this criteria not being met. 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. a. During the June 12, 2017 PEC Meeting concerning the Application, a representative for Applicant claimed the proposal would not generate additional traffic. The Application would increase density in relation to the Phase I development and is therefore practically certain to generate additional traffic. In fact, Torn Kassmel of Public Works noted in the June 12, 2017 PEC meeting that proposed uses on the site will generate additional traffic which may have some broader impact on the system 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. This is very limited and artistic license was made in the submitted plans in this regard. 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. This has not been met as there has been no proposal on how Phase II is to integrate with Phase 1. The 2 Phases are very different uses, different Common Areas and maintenance responsibilities. Section 12-9A-8 requires the Town Council to make the following findings with respect to the proposed SDD: Vail Mountain View Residences Owner Coalition Objection to Lunar Vail, LLC Application for Special Development District Page 15 1 That the SDD complies with the [foregoing nine (9) criteria], unless the applicant can demonstrate that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved. 2. That the SDD is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and 3. That the SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 4. That the SDD promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. The Owners of VMVR object to a finding by the Town Council that any of the foregoing matters have been established and reiterate the foregoing objections. Based upon the foregoing, the Owners of the VMVR respectfully request that the Application be denied. C. CONCLUSION The current. purported Board President has no actual, implied or apparent authority to have executed the Approval Letter on behalf of the Association. This is due to the Board of Directors not being properly constituted. Board procedures and notification of the Owners not occurring, as well as potential breaches of fiduciary duty by this Declarant appointed Board President as set forth in detail above. These acts and omissions contravene the Act and CRNCA as well as case law construing it. Vail Mountain View Residences Owner Coalition Objection to Lunar Vail, LLC Application for Special Development District Page 16 The Town of Vail cannot accept, for purposes of meeting Code requirements for an SDD, a document signed by an employee of the Applicant on behalf of a Not -for -Profit Owners' Association having been advised that the signatory bears no authority to act on behalf of the Association which challenges the approval. Thus, the SDD Application should be denied or, at a minimum, tabled until the Town properly addresses the challenged authority and/or until the matter is properly and in good faith addressed between the Declarant controlled Board and the Residential Owners at VMVR. If the Town proceeds with an approval of this Application under these circumstances, it is inviting litigation as the Owners will be required to file for a preliminary Injunction Dated this day of August, 2017. GOODMA 4 AND WALLA -E, P. By: Kerry H. Wallace `W For the Objecting Party Vail Mountain View Residences Owner Coalition Objection to Lunar Vail, LLC Application for Special Development District Page 17 TOWN OF VAIL JOINT PROPERTY OWNER WRITTEN APPROVAL LETTER The applicant must submit written joint property owner approval for applications affecting shared ownership properties such as duplex, condominium, and multi -tenant buildings. This form, or similar written correspondence, must be com- pleted by the adjoining duplex unit owner or the authorized agent of the home owner's association in the case of a con- dominium or multi -tenant building. All completed forms must be submitted with the applicants completed application. I, (print name) Mary Anne Redmond , a joint owner, or authority of the association, of property located at 434 S. Frontage Road Mountainview Residences on Gore Creek , provide this letter as written approval of the plans dated March 27, 2017 which have been submitted to the Town of Vail Community Development Department for the proposed improvements to be completed at the address not- ed above. I understand that the proposed improvements include: Application of an SDD overlay zone district which allows the construction of new dwelling units, accommodation units, and employee housing units generally above the current parking structure and related applications and improvements. I understand that modifications may be made to the plans over the course of the review process to ensure compliance with the Town's applicable codes and regulations; and that it is the sole responsibility of the applicant to keep the joint property owner apprised of any changes and ensure that the changes are acceptable and appropriate. Submittal of an application results in the applicant agreeing to this statement. 3/L)7// Signature Date moi 401ne r /r/ 4f-2.- Pie Lei n YID t Q i Print Name Title/Position I/We authorize any and all changes submitted to the Town in reference to the above mentioned project. (Initials) I/We waive all rights to notification and review of submitted changes. I/We do not authorize any changes submitted to the Town in reference to the above mentioned project (Initials) I/We wish to receive notifications and reviews of submitted changes EXHIBIT "A" HOLLAND &HART Town of Vail Department of Community Development 75 South Frontage Road Vail, Colorado 81657 Attention: Mr. Jonathan Spence Dear Mr. Spence: Thomas J. Todd Phone (970) 925-3476 Fax (970) 925-9367 ttodd@hollandhart.com May 17, 2017 Re: Vail Mountain View Residences Phase II Holland & Hart LLP represents Gore Creek Group LLC, the applicant for the pending land use application for the expansion and development of the existing commercial units in the Vail Mountain View Residences on Gore Creek condominium project (the "Project"). The pending land use application seeks approval for the construction of a second phase ("Vail Mountain View Residences Phase II") consisting of a new mixed-use residential and commercial building in the area above the Project's existing parking garage. I am writing to you in reference to a recent question raised relative to the involvement of Vail Mountain View Residences on Gore Creek Owner's Association (the "Association") as well as the existing residential condominium unit owners whose condominium units are located in the first phase ("Phase I") of Vail Mountain View Residences on Gore Creek. Under the Project's governing documents, the development of Vail Mountain View Residences Phase II with a new building was specifically contemplated, and the right to develop Vail Mountain View Phase II was expressly reserved by the Project's Declarant, Lunar Vail LLC. In this regard, under Article 15 of the Project's Condominium Declaration (the "Declaration"), the separate consent of the existing residential unit owners in Phase I of the Project is not required for this expansion and development. Also, a separate Notice Regarding Disclosures (the "Notice") in reference to these matters was also recorded. Lunar Vail LLC has expressly authorized Gore Creek Group LLC to submit and pursue this land use application, as has the Association. Based on the foregoing, we deem consent of the owners in Phase I as being already given, and in existence. As such, the application complies with the submittal requirements of Section 12-9A-3 of the Town of Vail Municipal Code. Letters from the Project's Declarant as well as from the Association confirming these arrangements are included in the land use application materials. A copy of the Notice, recorded April 4, 2009 under Reception No. 200906994, along with Article 15 of the Declaration are enclosed with this letter. Holland & Hart LLP Attorneys at Law Phone (970) 925-3476 Fax (970) 925-9367 www.hollandhart.com 600 East Main Street, Suite 104 Aspen, CO 81611-1991 Aspen Billings Boise Boulder Carson City Cheyenne Colorado Springs Denver Denver Tech Center Jackson Hole Las Vegas Reno Salt Lake City Santa Fe Washington, D.C. EXHIBIT "B" HOLLAND&HART PP/ Mr. Jonathan Spence, May 17, 2017 Page 2 The land use application contemplates the inclusion of the Project in a proposed special improvement district (the "SDD") which will include both Phase I and Phase II of the Project. All the uses and dimensional requirements included in land use application as well as the proposed SDD were specifically contemplated in the Declaration and the Notice, and all residential unit owners in Phase I of the Project took title to their condominium units subject to these reserved expansion rights, so no separate or additional consents or approvals are needed from the residential unit owners in Phase I. In summary, while Gore Creek Group LLC, has full legal authority under the Project's governing documents to submit and pursue the pending land use application, Gore Creek Group LLC nevertheless obtained the Association's acknowledgement of these rights as part of its submission of the application. The Gore Creek Group LLC is keeping the Association as well as the individual unit owners in Phase I informed as the application proceeds with the Town of Vail. TJT Enclosures 9644997_2 Sincerely, Thomas J. Todd of Holland & Hart LLP EXHIBIT "B" EAGLE COUNTY. CO TEAK J SIMONTON Pge: 4 11:39:43AM REC: $21.00 DOC $ 11111111111111111 After Recording Return to: 14►1 tea 2t5- n dr St.. ,�►rd Ilan CQ If 5? NOTICE REGARDING DISCLOSURES 111 200906994 04/17/2009 it This Notice Regarding Disclosures is made and given this ,34 #day of , 2009 by Lunar Vail, LLC, a Colorado limited liability company (the "Declarant"). Declarant is the owner of the Commercial Unit as defined in and created pursuant to that certain Condominium Declaration for the Vail Mountain View Residences on Gore Creek as recorded in the records of Eagle County, Colorado on December 5, 2008 at Reception No. 200825629 (the "Declaration") and that certain Condominium Plat recorded in the records of Eagle County, Colorado on December 5, 2008 at Reception No. 200825628 (the "Map"). Capitalized terms used but undefined herein have the meanings given them in the Declaration. Declarant has certain Reserved Declarant Rights as described in the Declaration and Map which include, without limitation the right to build a new building on the Unbounded Portion of the Condominium Unit. If permitted by Applicable Law, such a new building at the Project could include retail space and/or space sold as part of a fractional or interval interest regime. Declarant is recording this Notice against the Commercial Unit as a reminder for all potential buyers of Units at the Project to review the Declaration and, in particular, to understand the Reserved Declarant Rights. In addition, in order to ensure that Owners acquiring title to Units other than through an initial Deed from Declarant have the benefit of the same knowledge as the initial purchasers from Declarant, the Declarant is including the following disclosures from its own sales contracts in this Notice: Mountain Activities. The Project is located in an area with skiing facilities and other all -season recreational areas (the "Mountain Recreational Areas"). The Mountain Recreational Areas are expected to generate an unpredictable amount of visible, audible and odorous impacts and disturbances from activities relating to the construction, operation, use and maintenance of the DMWEST #6801289 v1 200906994 1 of 4 EXHIBIT "B" 1 y/c,?(--- 200906994 2 of 4 Mountain Recreational Areas (the "Mountain Activities"). The Mountain Activities include, without limitation: (i) movement and operation of passenger vehicles (including, without limitation, buses, vans, and other vehicles transporting passengers over adjacent streets and over, around and through the Mountain Recreational Areas), commercial vehicles, and construction vehicles and equipment; (ii) activities relating to the construction, operation and maintenance of roads, trails, ski trails, skiways and other facilities relating to the Mountain Recreational Areas (including, without limitation, tree cutting and clearing, grading and earth moving and other construction activities, construction, operation and maintenance of access roads, snow -making equipment, chairlifts, gondolas, busses or other transportation systems, operation of vehicles and equipment relating to trash removal, snow removal, snow grooming, and over - the -snow or over -the -terrain transportation purposes, and operation of safety and supervision vehicles); (iii) activities relating to the use of the Mountain Recreational Areas (including, without limitation, skiing, snow -boarding, ski - patrol activities, and other over -the- snow activities, hiking, horseback riding, bicycling and other recreational activities); (iv) ski racing and organized events and competitions relating to the activities described in clause (iii) above; (v) concerts, fireworks displays, and other performances and special events; (vi) restaurants, clubs, restrooms and other public use facilities; (vii) public access to adjacent U.S. Forest Service lands; (viii) public parking facilities and the traffic related thereto; (ix) and other activities permitted by law. The Mountain Activities may occur 365 days a year, during daytime and nighttime. The Project is located in a geologically sensitive area that may be subject to rock slides. Construction Activities. The Unit is located in an area that is subject to or near ongoing construction activities (collectively, the "Construction Activities"). The Construction Activities are expected to generate an unpredictable amount of visible, audible and odorous impacts and disturbances. The Construction Activities may include, without limitation: (i) construction traffic (including, without limitation, construction vehicles, equipment and vehicles used or owned by Seller, adjacent landowners, and the employees, agents and contractors of either of them); and (ii) construction activities (including, without limitation, grading, excavation, clearing, site work and construction of indoor and outdoor improvements) relating to the Project, nearby properties, or the Mountain Recreational Areas. Commercial Activities. A variety of commercial activities may or will be conducted on, or in the area near, the Project (the "Commercial Activities"). The Commercial Activities are expected to generate an unpredictable amount of visible, audible and odorous impacts and disturbances. The Commercial Activities may (but will not necessarily) include, without limitation: (i) operation DM/VEST #6801289 v1 2 EXHIBIT "B" 200906994 3 of 4 of full-service hotel(s) and health spa(s) with associated swimming pool(s), other outdoor recreational facilities and parking facilities; (ii) meetings, conferences, banquets and other group events; (iii) sales and rentals of clothing, skis, ski - related equipment, other over -the -snow equipment, bicycles, and other recreational equipment; (iv) sales of tickcts for chairlifts, gondolas, other transportation systems, and other activities and events conducted on the Mountain Recreational Areas; (v) indoor and outdoor restaurant and bar operations (including, without limitation, the sale of food and alcoholic and non-alcoholic beverages for consumption on and immediately adjacent to the Project and at other locations) and preparation of hot and cold food (through the use of barbecue grills, fire pits and other smoke and/or odor producing means) and beverages at indoor and outdoor facilities on and immediately adjacent to the Project; (vi) sales of services relating to skiing, other over -the -snow activities, and other recreational activities (including, without limitation, tuning, waxing, repairing, mounting of bindings on, renting, storing and transporting skis, snowboards and similar equipment, ski schools and other forms of individual and group lessons, tours and excursions); (vii) vehicle passenger drop-off and pick-up, locker room, changing room, rest room and lounge purposes in designated areas, and short-term clothing and equipment storage; (viii) parking activities (including, without limitation, activities relating to valet parking or parking relating to adjacent properties); (ix) the installation, operation and maintenance of illuminated and non -illuminated signage; (x) concerts and other outdoor and indoor entertainment, performances and special events, including, without limitation, Octoberfest and similar festivals, and art fairs; and (xi) any other uses or activities permitted by law. The Commercial Activities may occur 365 days a year, during daytime and nighttime. No View Easement. There is no easement or other right, express or implied, for the benefit of any Owner or Unit for light, view or air. Other Properties. Other properties are located adjacent to and nearby the Project (the "Other Properties") and the Other Properties may be developed or redeveloped by Declarant or other parties pursuant to the land uses permitted by the Town's zoning resolutions and other codes and ordinances. DMWEST #6801289 v1 3 EXHIBIT "B" Executed as of the date first written above. STATE OF COLORADO COUNTY OF LUNAR VAI co a Colorado limited liability By: Nam Title: ) SS. =rrv�z rf�.1 The foregoing instrument was cknowled ed before me this ,, �sfday of /+ ; w .:...... 2009 by , as of Lunar Vail, LLC, 1 Colorado limited liability,,,,,,,, Q1S D P.:�!• company. " Witness my hand and official seal. NOTARY PUBLIC My Commission Expires: 030 3320/ Z. DMWEST #6801289 v1 4 200906994 4 of 4 EXHIBIT "B" C'f • s �: l� Sy i 16110 Z� �y `"�l� = Plitir:::::C: �Il:ai.(, ..,,I...al l]. r,:... ...:►��. _ _.__..l f P►_i_.__I. I._ Il__ _. _..I e 4 CA. w _ Association takes any such action, or is the losing party in any proceeding related is .coon, then (in addition to all other remedies of Declarant) such Owner, such CIa • ssociation shall be responsible for Declarant's costs, including reasonable - 's fees, and shall also be responsible for any and all consequential damagesg damages as the result of any delay, related to such action. Section 14.5. _ ransferable. Any Special Declarant Rights or Additional Reserved Right create - . erved under this ARTICLE 14 for the benefit of Declarant may be transferred to a n by an instrument expressly describing the rights transferred and recorded in the Records. e. ARTICLE 15 RESERVATION OF DEVELOPMENT RIGHTS Section 15.1. Expansion Rights. Declarant expressly reserves the right to subject all or any part of the Real Estate described in Exhibit D attached hereto and hereby incorporated by reference (the "Expansion Property`') to the provisions of this Declaration upon the substantial completion of Improvements on the Expansion Property. The consent of the existing Owners, First Mortgagees or other holders of Security Interests shall not be required for any such expansion, and Declarant may proceed with such expansion without limitation at its sole option. In addition, Declarant also expressly reserves the right to add unspecified Real Estate to the Project as allowed by the Act. Section 15.2. Development and Withdrawal Rights. Declarant expressly reserves the right to create Units and/or Common Elements (expressly including Limited Common Elements), to combine Units, to subdivide Units, to convert Units into Common Elements (expressly including Limited Common Elements), to convert Common Elements into Units, to allocate Common Elements as Limited Common Elements and to allocate Real Estate as Limited Common Elements on all or any portion of the Real Estate reserved for future development in this Declaration or pursuant to the Map, expressly and specifically including, without limitation, any Commercial Unit (expressly including, without limitation, any part of the same that is not within the Bounded Portion), any Residential Unit owned by Declarant, and the Expansion Property. Any improvements created, constructed or installed pursuant to the previous sentence may be referred to herein as "Additional Improvements.- Without limiting the generality of the foregoing, Declarant expressly reserves the right (a) to subject Units owned by Declarant, or other portions of the Project that are subject to Development Rights, to a plan of fractional or vacation ownership; (b) to convert all or a portion of any Commercial Unit into Residential Units and/or to create new Residential Units, which may be of a different type than and/or may form a different Class than the Residential Units existing as of the datc hereof; (c) to subdivide, combine, or relocate boundaries between any Units owned by Declarant and any adjacent Limited Common Elements appurtenant thereto, including the addition, removal or relocation of any Common Elements therein, provided the same does not impair the structural soundness of or the operation of building systems in such Common Elements; (d) to subdivide any Commercial Unit within the parking garage into individual parking units (which parking units would be deemed to be Commercial Units hereunder), and/or (e) to subject any Commercial Unit that is all or part of a parking garage to a club, membership, or similar program through which owners or members thereof, which may or may not be Owners, are granted a right to use and access certain Common Elements. In the event that Declarant exercises any Reserved 200825629 40 of 65 33 EXHIBIT "B" "Declarant Rights in a manner that causes the creation of Units which are to be used or restricted•as employee housing units pursuant to the ordinances or regulations of the Town of Vail, then Declarant may elect to designate such employee housing units as either Commercial Units or Residential Units, and in either case the employee housing units may be excluded from certain Limited Common Elements appurtenant to other Units in the relevant Class (and from payment of the costs associated therewith) and/or from voting on certain Class issues otherwise associated with the relevant Class, all as determined and designated by Declarant. Declarant may exercise any or all of the Development Rights so reserved at any time within the period described in Section 15.9 with respect to all or any of the Real Estate identified as subject to Development Rights in the Declaration or pursuant to the Map. No assurances are made with respect to the boundaries of any parcels that may be developed or the order in which the parcels may be developed. Exercise of a Development Right with respect to any one parcel does not require exercise of a Development Right on any other parcel of Real Estate subject to Development Rights. No assurances are made that any further development will occur. If all or any part of the Expansion Property is submitted to this Declaration, this right to reserve property for future development shall apply to such property as well. Declarant expressly reserves the right to withdraw all or any portion of the Property that is designated as subject to withdrawal in this Declaration from the Project by recording a document evidencing such withdrawal in the Records. The Commercial Unit, or any portion(s) thereof retained by Declarant atter any subdivision thereof, is hereby designated as being subject to withdrawal rights. The Real Estatc withdrawn from the Project shall be subject to whatever easements, if any. are reasonably necessary for access to or operation of the Project. Declarant shall prepare and record in the Records whatever documents are necessary to evidence such easements and shall amend Exhibit C to this Declaration to include reference to the recorded easements. Declarant alone is liable for all expenses in connection with Real Estate subject to Development Rights for as long as the same remains subject to Developrnent Rights. Section 15.3. Amendment of Declaration. If Declarant elects to submit the Expansion Property, or any part thereof, or Additional Improvements, to this Declaration, or to subdivide or to convert Units or Common Elements, then at such time as a certificate of completion executed by an independent licensed or registered engineer, surveyor, or architect stating that all structural components of the Improvements on the Expansion Property or the Additional Improvements are substantially completed is obtained, Declarant shall record an amendment to this Declaration reallocating the Allocated Interests so that the Allocated Interests appurtenant to each Unit will be apportioned according to the total number of Units submitted to this Declaration. The Allocated Interests apportioned to each Unit in the Project shall be based on the formulae set forth in Section 4.2. Mere subdivision of a Unit shall not change the Allocated Interests of any Unit not included in such subdivision, except as expressly set forth in Section 4.2. The amendment to this Declaration shall contain, at a minimum, the legal description of the Expansion Property, or a part thereof, or a description of the Real Estate on which the Additional Improvements being submitted to this Declaration are located and a revised schedule of the Allocated Interests appurtenant to the Units in the Project. Section 15.4. Supplement to the Map. Declarant shall, contemporaneously with the amendment of this Declaration, file a supplement to the Map showing the location of the Additional Improvements constructed on the Expansion Property or the construction, combination, subdivision, 200825629 41 of 65 34 EXHIBIT "B" conversion or allocation of Units or Common Elements allowed by this Article. The supplement to the Map shall substantially conform to the requirements contained in this Declaration. Section 15.5. Interpretation. Recording of amendments to this Declaration, and supplements to the Map, in the Records shall automatically: (a) vest in each existing Unit the reallocated Allocated Interests appurtenant to such Unit; and (b) vest in each existing holder of a Security Interest a perfected Security Interest in the reallocated Allocated Interests appurtenant to the encumbered Unit. Upon the recording of an amendment to this Declaration, the definitions used in this Declaration shall automatically be extended to encompass and to refer to the Property as expanded. The Expansion Property, or any part thereof, or the Additional Improvements constructed on the Property as expanded shall be added to and become a part of the Project for all purposes. All conveyances of Units after such expansion shall be effective to transfer rights in all Common Elements as expanded, whether or not reference is made to any amendment to this Declaration or supplement to the Map. Reference to this Declaration and Map in any instrument shall be deemed to include all amendments to this Declaration and supplements to the Map without specific reference thereto. Section 15.6. Maximum Number of Units. The maximum number of Units in the Project shall not exceed 300 Units, or, if allowed by the Act, the maximum number of Units allowed by any governmental entity having jurisdiction over the Property, pursuant to any development plan or approvals for the Property and the Expansion Property. Declarant shall not be obligated to expand the Project beyond the number of Units initially submitted to this Declaration. Section 15.7. Construction Easement. Declarant reserves an easement through, over and across the Common EIements and Units as may be reasonably necessary for the purpose of discharging Declarant's obligations and exercising Declarant's reserved rights in this Declaration without consent of any party. Such easement includes the right to construct underground utility lines, pipes. wires, ducts, conduits, and other facilities across the Property not designated as reserved for future development in this Declaration or on the Map for the purpose of furnishing utility and other services to buildings and Improvements to be constructed on any of the Property reserved for future development. Declarant's reserved construction easement includes the right to grant easements to public utility companies and to convey improvements within those easements anywhere in the Common Elements not occupied by an Improvement containing Units. If Declarant grants any such easements, Exhibit C to this Declaration will be amended to include reference to the recorded easement. Section 15.8. Reciprocal Easements. If property is withdrawn from the Project ("Withdrawn Property"): (a) the owner(s) of the Withdrawn Property shall have whatever easements are necessary or appropriate, if any, for access, utility service, repair, maintenance and emergencies over and across the Project: and 200825629 42 of 65 35 EXHIBIT "B" (b) the Ovvner(s) in the Project shall have whatever easements are necessary or appropriate, if any, for access, utility service, repair, maintenance, and emergencies over and across the Withdrawn Property. Declarant shall prepare and record in the Records whatever documents are necessary to evidence such easements and shall amend Exhibit C to this Declaration to include reference to the recorded easement(s). Such recorded easement(s) shall specify that the owner(s) of the Expansion Property and the Withdrawn Property and the Owners in the Project shall be obligated to pay a proportionate share of the cost of the operation and maintenance of any easements utilized by either one of them on the other's property upon such reasonable basis as Declarant shall establish in the easement(s). Preparation and recordation by Declarant of an easement pursuant to this Section 15.8 shall conclusively determine the existence, location and extent of the reciprocal easements that are necessary or desirable as contemplated by this Section 15.8. Section 15.9. Termination of Development Rights. The Development Rights reserved to Declarant, for itself, its successors and assigns, shall expire thirty (30) years after the date of recording this Declaration in the Records, unless the Development Rights are reinstated or extended by the Association as provided in the Act, subject to whatever terms, conditions, and limitations the Board of Directors may impose on the subsequent exercise of Development Rights by Declarant. Declarant may at any time release and relinquish some or all ofthe Development Rights with respect to all or any part of the Real Estate subject to such rights by instrument executed by Declarant and effective when recorded in the Records. Upon the expiration or other termination of the Development Rights, any Real Estate then subject to such rights shall become Common Elements or Units. as applicable. Section 15.10. Interference With Development Rights. Neither the Association nor any Owner nor any Class may take any action or adopt any rule or regulation that will interfere with or diminish any Development Rights reserved by this ARTICLE 15 without the prior written consent of Declarant. In the event an Owner, a Class or the Association takes any such action, or is the losing party in any proceeding related to such action, then (in addition to all other remedies of Declarant) such Owner. such Class. or the Association shall be responsible for Declarant's costs, including reasonable attorneys' fees, and shall also be responsible for any and all consequential damages. including damages as the result of any delay, related to such action. Section 15.11. Transfer of Development Rights. Any Development Rights created or reserved under this ARTICLE 15 for the benefit of Declarant may be transferred, in whole or in part to any Person by an instrument expressly describing the rights transferred and recorded in the Records. Such instrument shall be executed by the transferor Declarant and the transferee. Section 16.1. Coverage. Commencing not later th r • - . nveyance of a Unit to a purchaser and to the extent reasonably avail • r . elation shall obtain and maintain insurance coverage as set forth in this - • ' . e ssociation shall have the power and authority to obtain additional . overages not specified herein in the Board's discretion. If such insurance is 200825629 43 of 65 36 EXHIBIT "B" From: Ron Byrne <ron@ronbyrne.com> Date: March 10, 2017 at 7:00:09 PM EST To: "hawillard?aol.com" <hawillard@aol.com>, "lamwilI aol,com' <lamwill@aol.corn> Subject: Announcing VMVR Phase 11 Dear Howard & Laura, hope you've had the opportunity to come to Vail this winter as it has been a fabulous season. I wanted to let you know that we are currently in the planning stage of the development of Vail Mountain View Residences Phase 11. When we originally purchased the land that Vail Mountain View Residences Phase I sits on, it was always intended to be a part of a multi -phase project. The parking garage which is located to the north of your building was designed specifically for that purpose. It currently has the infrastructure to accommodate a new building above it, which was originally designed in 2007. After the downturn in the economy, the development was put on hold and we have redesigned it this year. Since the foundation already exists, this new phase can be built very quickly and with minimal impact to you. We take a great deal of pride in Vail Mountain View Residences Phase 1. In my opinion, it is one of the best projects in Vail in terms of luxury, privacy and exclusivity. We plan to develop Phase II in the same manner. The new building will be located over the north garage and will act as a large buffer for noise coming from 1-70 and the Frontage Road. It will have no impact of your views towards the ski slopes or Gore Creek. The new building has been designed to have no common areas with your building. The first and second floors will be comprised of 20 hotel suites which are across from your 3rd & 4th floors. I believe this will be a great benefit to you should you ever need any additional space for your guests. Each suite will include a small kitchenette, master bath with double vanities and will be graciously decorated. On the north side of the building, which is out of view to you, we will have a few high-end employee housing units. All developments in Vail now require employee housing, and our goal is to build extremely high-end housing units that will cater to working professionals. On the 3rd and 4th floors of the new building, we will have 12 new luxury residences which will be a combination of two, three and four-bedroom penthouse units. These units will be almost identical to Phase 1 in terms of layout and design. My partner in this endeavor is developer Peter Carlson out of Minnesota. He has extensive development experience and 1 have known him for over 30 years, purchasing a home from his father on Forest Road twenty years ago. Peter brings great knowledge of construction and development to the project and think he is a great asset. Every aspect of this development, as well as the continued operation of Vail Mountain View Residences Phase I, is incredibly important to us. There will be no use of the current pool and hot tub area of Phase 1 by Phase II. The parking is designed with the upper garage (north door) being used for hotel suites and employee housing units with only the 12 luxury condominiums using the lower portions of the garage. Mary Anne Redmond, the Association President, has done an excellent job ensuring that the building is kept in excellent shape. We are very proud that the building consistently operates within its budgets, and has in fact built up a substantial reserve. Please feel free to contact myself or Mary Anne if you would like more details on Phase 11. We will continue to keep you informed as phase 11 progresses. Warmest personal regards, EXHIBIT "C" Ron Ron Byrne, President & CEO Ron Byrne & Associates Real Estate 285 Bridge Street I Vail CO 81657 970-476-1987 office 970-331-8500 cell vvww.ronb mecom Ron Byrne & Associates 2016 Luxury Property Col1ection EXHIBIT "C" EAGLE COUNTY, CO TEAK J SIMONTON P a 65 0B:04 03AM REC $326.00 DOC= $ 11 1 1 1 fl 1 11 1 CONDOMINIUM DECLARATION FOR THE VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK EXHIBIT "D" 1 200825629 12/05/2008 1 111 11 1 1 11 Table of Contents Page ARTICLE 1 . IMPOSITION OF COVENANTS 1 Section 1.1. Purpose 1 Section 1.2. Intention of Declarant. 1 Section 1.3. Condominium Declaration 1 Section 1.4. Covenants Running With the Land 1 ARTICLE 2 . DEFINITIONS 1 Section 2.1. "Act" 2 Section 2.2. "Additional Improvements" 2 Section 2.3. "Additional Reserved Rights" 2 Section 2.4. "Allocated Interests" 2 Section 2.5. "Applicable Law" 2 Section 2.6. "Articles of Incorporation" 2 Section 2.7. "Assessments" 2 Section 2.8. "Association" 2 Section 2.9. "Board of Directors" or "Board" 2 Section 2.10. "Budget" 2 Section 2.11. "Bylaws" 2 Section 2.12. "Bounded Portions" 2 Section 2.11. "Class" 2 Section 2.14. "Commercial Activities" 2 Section 2.15. "Commercial Unit" 2 Section 2.16. "Common Elements" 3 Section 2.17. "Common Expenses" 4 Section 2.18. "Common Expense Liability" 4 Section 2.19. "Condominium Documents" 4 Section 2.20. "Costs of Enforcement" 4 Section 2.21. "Declarant" 4 Section 2.22. "Declaration" 4 Section 2.23. "Deed" 4 Section 2.24. "Default Assessment" 5 Section 2.25. "Development Rights" 5 Section 2.26. "Eligible First Mortgagee" 5 Section 2.27. "Expansion Property" 5 Section 2.28. "Fine" 5 Section 2.29. "First Mortgagee" 5 Section 2.30. "Improvement(s)" 5 Section 2.31. "Limited Common Elements" 5 Section 2.32. "Majority of Owners" 6 Section 2.33. "Management Agreement" 6 Section 2.34. "Managing Agent" 6 Section 2.35. "Map" 6 Section 2.36. "Nonprofit Act" 6 i EXHIBIT "D" Section 2.37. "Occupant" 6 Section 2.38. "Owner" 6 Section 2.39. "Period of Declarant Control" 6 Section 2.40. "Person" 7 Section 2.41. "Project" 7 Section 2.42. "Property" 7 Section 2.43. "Real Estate" 7 Section 2.44. "Records" 7 Section 2.45. "Reserved Declarant Rights" 7 Section 2.46. "Residential Unit" 7 Section 2.47. "Rules and Regulations" 7 Section 2.48. "Schedule of Fees and Fines" 7 Section 2.49. "Security Interest" 7 Section 2.50. "Special Declarant Rights" 8 Section 2.51. "Unbounded Portions" 8 Section 2.52. "Unit" 8 Section 2.53. "Withdrawn Property" 8 ARTICLE 3 DIVISION OF PROJECT INTO CONDOMINIUM OWNERSHIP 8 Section 3.1. Division Into Units 8 Section 3.2. Delineation of Unit Boundaries. 9 Section 3.3. Inseparability of Unit. 9 Section 3.4. Non-Partitionability of Common Elements. 9 Section 3.5. Subdivision of Units; Relocation of Boundaries Between Adjoining Units 9 ARTICLE 4 ALLOCATED INTERESTS 10 Section 4.1. Allocation of Interests. 10 Section 4.2. Formulae for the Allocation of Interests. 10 Section 4.3. Rounding Convention. 11 Section 4.4. Effective Date of Reallocation 11 ARTICLE 5 CONDOMINIUM MAP 11 ARTICLE 6 LEGAL DESCRIPTION AND TAXATION OF UNITS 11 Section 6.1. Contracts to Convey Entered into Prior to Recording of Condominium Declaration and Map 11 Section 6.2. Contracts to Convey and Conveyances Subsequent to Recording of Declaration and Map. 11 Section 6.3. Conveyance Deemed to Include an Undivided Interest in Common Elements 12 Section 6.4. Separate Tax Assessments. 12 ARTICLE 7 MEMBERSHIP AND VOTING RIGHTS IN ASSOCIATION 12 Section 7.1. Association Membership. 12 Section 7.2. Voting Rights and Meetings. 12 Section 7.3. Meeting to Approve Annual Budget. 12 ii EXHIBIT "D" Section 7.4. Transfer Information. 13 Section 7.5. Declarant Control of the Association 13 Section 7.6. Required Election of Owners 13 Section 7.7. Requirements for Turnover of Declarant Control 14 Section 7.8. Classes of Membership. 14 Section 7.9. Reserved Powers: Directions to Board of Directors. 14 ARTICLE 8 ASSOCIATION POWERS AND DUTIES 15 Section 8.1. Association Management Duties. 15 Section 8.2. Association Powers. 15 Section 8.3. Actions by Board of Directors. 17 Section 8.4. Board of Directors Meetings 18 Section 8.5. Right to Notice and Hearing. 18 Section 8.6. Payments to Working Capital Account 18 ARTICLE 9 ASSESSMENTS Section 9.1. Commencement of Annual Assessments Section 9.2. Annual Assessments. Section 9.3. Section 9.4. Section 9.5. Section 9.6. Section 9.7. Section 9.8. Section 9.9. Section 9.10. Section 9.11. Section 9.12. Section 9.13. Apportionment of Annual Assessments Special Assessments. Due Dates for Assessment Payments Default Assessments. Covenant of Personal Obligation for Assessments. Lien for Assessments; Assignment of Rents. Remedies for Nonpayment of Assessments Purchaser's Liability for Assessments. Waiver of Homestead Exemption; Subordination of Association's Lien for Assessments. 22 Statement of Status of Assessments 22 Liens 23 18 18 18 19 19 20 20 20 20 21 21 ARTICLE 10 MAINTENANCE RESPONSIBILITY 23 Section 10.1. Rights and Duties of Owners. 23 Section 10.2. Owner's Negligence 24 Section 10.3. Responsibility of the Association. 24 ARTICLE 11 MECHANICS' LIENS 24 Section 11.1. Mechanics' Liens. 24 Section 11.2. Enforcement by the Association. 24 ARTICLE 12 USE RESTRICTIONS 25 Section 12.1. Use of Units. 25 Section 12.2. Use of Common Elements. 25 Section 12.3. Commercial Activities. 25 Section 12.4. Prohibition of Increases in Insurable Risks and Certain Activities. 26 Section 12.5. Structural Alterations and Exterior Appearance. 26 Section 12.6. Pet and Use Restrictions. 26 EXHIBIT "D" Section 12.7. Limit on Timesharing. 26 Section 12.8. Restriction on Signs. 27 Section 12.9. Restrictions on Use of Parking and Storage Areas. 27 Section 12.10. No Limitation on Reserved Declarant Rights 28 ARTICLE 13 EASEMENTS Section 13.1. Section 13.2. Section 13.3. Section 13.4. Section 13.5. Section 13.6. Section 13.7. Section 13.8. Section 13.9. Section 13.10. Section 13.11. Section 13.12. Easement of Enjoyment; Common Elements. Easement of Enjoyment; Limited Common Elements Delegation of Use. Recorded Easements. Easements for Encroachments. Utility Easements. Emergency Access Easement. Maintenance Easement. Easements of Access for Repair, Maintenance, and Emergencies. Easements Deemed Created Easement for Warranty Work Additional Easements. 28 28 28 28 28 29 29 30 30 30 30 30 30 ARTICLE 14 SPECIAL DECLARANT RIGHTS AND ADDITIONAL RESERVED RIGHTS Section 14.1. Section 14.2. Section 14.3. Special Declarant Rights. 31 31 Additional Reserved Rights. Limitations on Special Declarant Rights and Additional Reserved Rights. Section 14.4. Interference With Special Declarant Rights or Additional Reserved Rights. Section 14.5. Rights Transferable. 32 32 32 33 ARTICLE 15 RESERVATION OF DEVELOPMENT RIGHTS 33 Section 15.1. Section 15.2. Section 15.3. Section 15.4. Section 15.5. Section 15.6. Section 15.7. Section 15.8. Section 15.9. Section 15.10. Section 15.11. Expansion Rights. Development and Withdrawal Rights. Amendment of Declaration Supplement to the Map. Interpretation Maximum Number of Units Construction Easement. Reciprocal Easements. Termination of Development Rights. Interference With Development Rights. Transfer of Development Rights 33 33 34 34 35 35 35 35 36 36 36 ARTICLE 16 INSURANCE Section 16.1. Coverage. Section 16.2. Required Provisions. Section 16.3. Claims by Owner Section 16.4. Adjustment of Claims 36 36 38 38 39 iv EXHIBIT "D" Section 16.5. Copies of Policies 39 ARTICLE 17 RESTORATION UPON DAMAGE OR DESTRUCTION 39 Section 17.1. Duty to Restore. 39 Section 17.2. Cost. 39 Section 17.3. Plans 39 Section 17.4. Replacement of Less Than Entire Property. 39 Section 17.5. Insurance Proceeds 40 Section 17.6. Certificates by the Board of Directors. 40 Section 17.7. Certificates by Attorneys or Title Insurance Companies. 40 ARTICLE 18 CONDEMNATION 41 ARTICLE 19 MORTGAGEE PROTECTIONS 41 Section 19.1. Introduction. 41 Section 19.2. Percentage of First Mortgagees. 41 Section 19.3. Notice of Actions. 41 Section 19.4. Consent Required 41 Section 19.5. Notice of Objection. 42 Section 19.6. First Mortgagees' Rights 42 Section 19.7. Limitations on First Mortgagee's Rights. 42 Section 19.8. Reserved Declarant Rights 43 Section 19.9. Lien Protection for Mortgagees. 43 ARTICLE 20 DURATION OF COVENANTS; AMENDMENT AND TERMINATION 43 Section 20.1. Term 43 Section 20.2. Amendment of Declaration 43 Section 20.3. Amendment of Other Condominium Documents. 44 Section 20.4. Execution of Amendments; Expenses. 44 Section 20.5. When Modifications Permitted. 44 Section 20.6. Recording of Amendments. 44 Section 20.7. Rights of Declarant. 45 Section 20.8. Rights of Eligible First Mortgagees. 45 Section 20.9. Termination of the Project. 45 ARTICLE 21 MISCELLANEOUS 45 Section 21.1. Notices. 45 Section 21.2. Nonwaiver 45 Section 21.3. Severability. 45 Section 21.4. Number and Gender. 46 Section 21.5. Captions. 46 Section 21.6. Conflicts in Legal Documents. 46 Section 21.7. Exhibits. 46 Section 21.8. Choice of Law 46 Section 21.9. Third Party Beneficiary 46 EXHIBIT "D" ARTICLE 22 ENFORCEMENT 46 Section 22.1. Enforcement 46 Section 22.2. Mediation and Arbitration 46 Section 22.3. Construction Disputes 49 LIST OF EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Legal Description Table of Allocated Interests Easements and Licenses of Record Legal Description of Expansion Property vi EXHIBIT "D" A-1 B-1 C-1 D-1 CONDOMINIUM DECLARATION FOR THE Vail Mountain View Residences on Gore Creek THIS CONDOMINIUM DECLARATION FOR THE Vail Mountain View Residences on Gore Creek (the "Declaration") dated eftorniteva, 2001 shall be effective upon recordation and is made by Lunar Vail, LLC, a Colorado limited liability company ("Declarant"). Declarant is the owner of certain real property in Eagle County, Colorado, more particularly described on Exhibit A attached hereto and incorporated herein by this reference (the "Property"). Declarant hereby makes the following grants, submissions, and declarations: ARTICLE 1 . IMPOSITION OF COVENANTS Section 1.1. Purpose. The purpose of this Declaration is to create a condominium project known as Vail Mountain View Residences on Gore Creek (the "Project") by submitting the Property to the condominium form of ownership and use pursuant to the Colorado Common Interest Ownership Act, Article 33.3, Title 38, Colorado Revised Statutes, as amended and supplemented from time to time (the "Act"), to elect to have the Property treated as a common interest community and thereby subject the Project to the provisions of the Act and not to the general common law of tenancy -in -common, and to establish a uniform plan for the development, sale and ownership of Units. Section 1.2. Intention of Declarant. Declarant desires to protect the value and desirability of the Project, to further a plan for the improvement, sale and ownership of the Units in the Project, to create a harmonious and attractive development and to promote and safeguard the health, comfort, safety, convenience, and welfare of the Owners. Section 1.3. Condominium Declaration. To accomplish the purposes and intentions recited above, Declarant hereby submits the Property, together with all improvements, appurtenances, and facilities relating to or located on the Property now and in the future, to condominium ownership under the Act, and hereby imposes upon all of the Property the covenants, conditions, restrictions, easements, reservations, rights-of-way, and other provisions of this Declaration, and Declarant hereby declares that all of the Property shall be held, sold, conveyed, encumbered, leased, rented, occupied, and improved subject to the provisions of this Declaration. Section 1.4. Covenants Running With the Land. All provisions of this Declaration shall be deemed to be covenants running with the land, or as equitable servitudes, as the case may be. The benefits, burdens, and other provisions contained in this Declaration shall be binding upon and shall inure to the benefit of Declarant, all Owners and their respective heirs, executors, administrators, personal representatives, successors, and assigns. ARTICLE 2 . DEFINITIONS The following words, when used in this Declaration, shall have the meanings designated below unless the context expressly requires otherwise: EXHIBIT "D" Section 2.1. "Act" means the Colorado Common Interest Ownership Act as defined in ARTICLE 1 hereof. In the event the Act is repealed, the Act, on the effective date of this Declaration, shall remain applicable to this Declaration. Section 2.2. "Additional Improvements" has the meaning set forth in Section 15.2. Section 2.3. "Additional Reserved Rights" has the meaning set forth in Section 14.1. Section 2.4. "Allocated Interests" means the undivided interest in the Common Elements and the Common Expense Liability and the votes in the Association allocated to each ofthe Units in the Project. The formulae used to establish the Allocated Interests are described in ARTICLE 4. The Allocated Interests for each Unit are set forth on Exhibit B attached hereto and incorporated herein by this reference. Section 2.5. "Applicable Law" has the meaning set forth in Section 3.5. Section 2.6. "Articles of Incorporation" means the Articles of Incorporation of the Vail Mountain View Residences on Gore Creek Owners' Association, Inc. filed with the Colorado Secretary of State, as amended from time to time. Section 2.7. "Assessments" means the annual, special and Default Assessments levied pursuant to this Declaration. Section 2.8. "Association" means the Vail Mountain View Residences on Gore Creek Owners' Association, Inc., a Colorado nonprofit corporation, and its successors and assigns. Section 2.9. "Board of Directors" or "Board" means the governing body of the Association, as provided in this Declaration and in the Articles of Incorporation and Bylaws of the Association, and defined as the "Board of Managers" in the Act. Section 2.10. "Budget" means the annual budget of the projected revenues, expenditures (both ordinary and capital) and reserves for the Association. Section 2.11. "Bylaws" means the bylaws adopted by the Association, as amended from time to time. Section 2.12. "Bounded Portions" has the meaning set forth in Section 4.2(a). Section 2.13. "Class" has the meaning set forth in Section 7.8. Section 2.14. "Commercial Activities" has the meaning set forth in Section 12.3. Section 2.15. "Commercial Unit" means any Unit designated with the prefix "C" or otherwise designated as a Commercial Unit in the Declaration or on the Map for business or commercial uses, including Commercial Activities. As of the date of this Declaration, there is a single Commercial Unit which includes both Bounded and Unbounded Portions (as defined below). The Unbounded Portions include the area from the surface of the ground to the heavens within the EXHIBIT "D" surface boundaries designated on the Map. As of the date of this Declaration, the Bounded Portions and the Unbounded Portions are subject to Reserved Declarant Rights, including Development Rights. Section 2.16. "Common Elements" means all of the Project (as the same may be expanded from time to time pursuant to ARTICLE 15), other than the Units, but including, without limiting the generality of the foregoing, the following components: (a) the Property; (b) the Improvements (including, but not by way of limitation, the foundations, columns, girders, beams, supports, perimeter and supporting walls, fireplaces, chimneys, flues, chimney chases, roofs, patios, decks, balconies, elevator(s), corridors, lobbies, vestibules, entrances and exits, exterior doors and windows on a perimeter wall of a Unit, and the mechanical and utility installations, lines, and systems consisting of the equipment and materials making up any central services such as power, light, gas, hot and cold water, hot water heaters, boilers. sewer, plumbing, snowmelt, cable television, telecommunications systems and heating and central air conditioning and other similar systems, lines, and installations which exist for use by one or more of the Owners, including the pipes, vents, ducts, flues, cable conduits, wires, telephone wire, and other similar utility installations used in connection therewith) and the areas designated on the Map as including those installations, trash rooms and storage rooms, elevators, stairs, attics, chaseways, and plenums except for the Units; (c) the yards, sidewalks, walkways, paths, grass, shrubbery, trees, planters, driveways, roadways, landscaping, gardens, parking areas, and any amenities and related facilities located upon the Property that are not Units or within Units; (d) any lounge(s), business center(s), game room(s), fitness facilities, pool(s), hot tub(s), ski or other storage facilities, and/or locker room(s) designated as Common Elements on the Map; (e) the pumps, tanks, motors, fans, storm drainage structures, compressors, ducts, and, in general, all apparatus, installations, and equipment of the Improvements existing for use of one or more of the Owners; (f) in general, all other parts of the Project designated by Declarant as Common Elements and existing for the use of one or more of the Owners; and (g) any parcels of real property, and improvements and fixtures located thereon, that are (i) owned by a Person other than the Association but in which the Association has rights of use or possession pursuant to this Declaration or to a lease, license, easement or other agreement, and (ii) used or possessed by the Association for the benefit of all Owners. The Common Elements shall be owned by the Owners, each Unit being allocated an undivided interest in the Common Elements as allocated pursuant to ARTICLE 4. EXHIBIT "D" Section 2.17. "Common Expenses" means expenditures made or liabilities incurred by or on behalf of the Association, together with any allocations to reserves, including, without limiting the generality of the foregoing, the following items: (a). expenses of administration, insurance, operation, and management, repair or replacement of the Common Elements except to the extent such repairs and replacements are responsibilities of an Owner as provided in this Declaration; (b) expenses identified as Common Expenses by the provisions of this Declaration or the Bylaws; (c) all sums lawfully assessed against the Units by the Board of Directors; (d) expenses agreed upon as Common Expenses by the members of the Association; and (e) expenses to be paid pursuant to any Management Agreement. Section 2.18. "Common Expense Liability" means the liability for Common Expenses allocated to each Unit pursuant to this Declaration. Section 2.19. "Condominium Documents" means the basic documents creating and governing the Project, including, but not limited to, this Declaration, the Articles of Incorporation and Bylaws, the Map, any Rules and Regulations, and any other documents or provisions adopted under such documents by the Association or the Board of Directors. Section 2.20. "Costs of Enforcement" means all monetary fees, late charges, interest, expenses, costs, including receiver's and appraiser's fees, collection agency fees, and reasonable attorneys' fees and disbursements, including legal assistants' fees, incurred by the Association in connection with the collection of Assessments or in connection with the enforcement of the terms, conditions and obligations of the Condominium Documents. Section 2.21. "Declarant" means Lunar Vail, LLC, a Colorado limited liability company, and its successors and assigns as the same may be specified in a recorded instrument specifically describing those rights of Declarant transferred to a successor or assignee. Section 2.22. "Declaration" means this Declaration, together with any supplement or amendment to this Declaration, and any other recorded instrument however denominated that exercises a Development Right and is executed by Declarant and recorded in the Records. The term Declaration includes the Map, any certificate of completion (as defined in the Act) that is separate from the Map, and all amendments and supplements to this Declaration and the Map, and any separate certificate of completion without specific reference thereto. Section 2.23. "Deed" means each initial deed recorded after the date hereof by which Declarant conveys a Unit and, after the initial sale by Declarant, any deed or other instrument by which an Owner transfers title to a Unit (expressly excluding an instrument creating a Security Instrument). EXHIBIT "D" Section 2.24. "Default Assessment" means an Assessment levied pursuant to this Declaration in connection with an unpaid amount for which an Owner is responsible including, without limitation, for Costs of Enforcement, overdue amounts charged by the Association to an Owner, Fines, and liability for negligence and indemnification obligations. Section 2.25. "Development Rights" means all of the expansion rights, withdrawal rights and development rights set forth in ARTICLE 15 of this Declaration, and in the Act. Section 2.26. "Eligible First Mortgagee" means a First Mortgagee that has notified the Association in writing of its name and address and status as a First Mortgagee and has requested that it receive the notices provided for in ARTICLE 19 entitled "Mortgagee Protections". Section 2.27. "Expansion Property" has the meaning set forth in Section 15.1. Section 2.28. "Fine" means a monetary penalty imposed by the Association against an Owner for violating ternis, conditions, or provisions of the Condominium Documents. Interest on overdue amounts, late charges, other Costs of Enforcement and Default Assessments (other than any portion thereof which is designated as a Fine) are expressly excluded from the definition of, and shall not be deemed to be, Fines. Section 2.29. "First Mortgagee" means a holder of a Security Interest in a Unit which has priority over all other Security Interests in the Unit. Section 2.30. "Improvement(s)" means the building(s) (including all fixtures and improvements contained within it) located on the Property in which Units or Common Elements are located, together with landscaping and hardscaping located on the Property. Section 2.31. "Limited Common Elements" means those parts of the Common Elements that are limited to and reserved for use in connection with one or more, but fewer than all, of the Units. Without limiting the foregoing, the Limited Common Elements shall include any balcony, deck, patio, courtyard or porch appurtenant to and accessible only from a Unit, any shutters, awnings, window boxes, doorsteps, hallways, lobbies, entryways, stoops, porch, balcony or patio designated or designed to serve a single Unit but located outside the Unit's boundaries, any maid/maintenance closets, laundry facilities, storage spaces, parking spaces, and ski lockers located outside of the Units and designated as "Limited Common Elements" or "LCE" in this Declaration or on the Map, if any. If any chute, flue, duct, wire, conduit, pipe, line, installation, system, bearing wall, bearing column, girder, beam, or other fixture lies partially within and partially outside the designated boundaries of a Unit, any portion thereof lying inside of the Unit but serving only that Unit is a Limited Common Element allocated solely to that Unit, and any portion thereof serving more than one Unit or any portion of the Common Elements is a part of the Common Elements. Limited Common Elements also include any portion of the Common Elements allocated by this Declaration or on the Map as Limited Common Elements. All Limited Common Elements shall be used in connection with the appurtenant Unit(s) to the exclusion of the use thereof by the other Owners, except by invitation and except as otherwise set forth in ARTICLE 13. No reference to Limited Common Elements need be made in any instrument of conveyance or encumbrance in order to convey or encumber the Limited Common Elements appurtenant to a Unit. Those areas of the 5 EXHIBIT "D" Common Elements related solely to a certain group, type or Class of Units (as the same may be modified from time to time in accordance with this Declaration) shall be Limited Common Elements appurtenant to such group, type or class of Unit. For example, those areas of the Common Elements related solely to the Commercial Units shall be Limited Common Elements appurtenant to the Commercial Units and those areas of the Common Elements related solely to the Residential Units shall be Limited Common Elements appurtenant to the Residential Units. Section 2.32. "Majority of Owners" means a majority of the total voting power of the members of the Association that are eligible and entitled to vote on or consent to or reject the decision or action in question (rather than a majority of those present or voting by proxy at a meeting or the majority of a quorum). Votes allocated to any Units owned by the Association may not be cast and shall not be included in any calculation of voting power. Section 2.33. "Management Agreement" means any contract or arrangement entered into for purposes of discharging the responsibilities of the Board of Directors relative to the operation, maintenance, and management of the Project. Section 2.34. "Managing Agent" means a Person, firm, corporation or other entity employed or engaged as an independent contractor pursuant to a Management Agreement to perform management services for the Association. Section 2.35. "Map" means that part of this Declaration that depicts all or any portion of the Project in three dimensions, is executed by Declarant and is recorded in the Records. The Map shall also be a land survey plat as set forth in Section 38-51-106, Colorado Revised Statutes. In a Map, a "Horizontal Boundary" means a plane of elevation relative to a described benchmark that. defines either a lower or upper dimension of a Unit such that the real estate respectively below or above the defined plane is not part of the subject Unit. In a Map, a "Vertical Boundary" means the defined limit of a Unit that is not a Horizontal Boundary of that Unit. Section 2.36. "Nonprofit Act" means the Colorado Revised Nonprofit Corporation Act, Articles 121-137, Title 7, Colorado Revise Statutes, as may be amended and supplemented from time to time. Section 2.37. "Occupant" means any member of an Owner's family or an Owner's guests, invitees, servants, tenants, employees, or licensees who occupy a Unit or are on the Common Elements for any period of time, or any other Person who occupies a Unit or is on the Common Elements for any period of time. Section 2.38. "Owner" means Declarant or any other Person who owns record title to a Unit (including a contract seller, but excluding a contract purchaser) but excluding any Person having a Security Interest in a Unit unless such Person has acquired record title to the Unit pursuant to foreclosure or other proceedings or by conveyance in lieu of foreclosure. Section 2.39. "Period of Declarant Control" means the maximum period of time defined and limited by the Act and Section 7.5 of this Declaration during which Declarant may, at its option, control the Association. EXHIBIT "D" Section 2.40. "Person" means an individual, association, partnership, limited liability company, corporation, trust, governmental agency, political subdivision or other legal entity or any combination thereof. Section 2.41. "Project" has the meaning set forth in Section 1.1 hereof. Section 2.42. "Property" means the real property described in the attached Exhibit A. Section 2.43. "Real Estate" means any leasehold or other estate or interest in, over, or under land, including structures, fixtures, and other improvements and interests that, by custom, usage or law, pass with the conveyance of land though not described in the contract of sale or instrument of conveyance. Real Estate includes parcels with or without Horizontal Boundaries and spaces that may be filled with air or water. Section 2.44. "Records" means the Office of the Clerk and Recorder in every county in which any portion of the Project is located. Section 2.45. "Reserved Declarant Rights" means all rights reserved by Declarant in this Declaration, including, without limiting the generality of the forgoing, those rights reserved to Declarant in ARTICLE 14 and ARTICLE 15 hereof. Section 2.46. "Residential Unit" means any Unit other than a Commercial Unit (i.e., any Unit that is not designated with the prefix "C" in the Declaration or on the Map). Section 2.47. "Rules and Regulations" means the rules and regulations promulgated by the Association for the management, preservation, safety, control, and orderly operation ofthe Project in order to effectuate the intent and to enforce the obligations set forth in the Condominium Documents, as amended and supplemented from time to time. Without limiting the generality of the foregoing, the phrase Rules and Regulations as used in the Condominium Documents shall not be limited to the provisions of the document(s) entitled Rules and Regulations but instead shall include all policies, procedures, rules, regulations, and/or guidelines as the same may be adopted or amended from time to time by the Board of Directors and shall expressly include, without limitation, any corporate governance policies, architectural control guidelines, and/or any Schedule of Fees and Fines. Separate Rules and Regulations may be promulgated to apply only to Residential Units, only to Commercial Units, or only to a specific type, class or group of Units. Section 2.48. "Schedule of Fees and Fines" means the schedule adopted by the Board of Directors, as the same may be modified from time to time, identifying (a) the fees payable for certain services that may be available but for which the cost is not included in the Budget and in Assessments, and (b) the amount of certain Fines that may be imposed pursuant to the Condominium Documents. Section 2.49. "Security Interest" means an interest in Real Estate or personal property created by contract or conveyance which secures payment or performance of an obligation. The term includes a lien created by a mortgage, deed of trust, trust deed, security deed, contract for deed, land sales contract, lease intended as security, assignment of lease or rents intended as security, pledge of an ownership interest in an Association, and any other consensual lien or title retention EXHIBIT "D" contract intended as security for an obligation. The holder of a Security Interest includes any insurer or guarantor of a Security Interest. Section 2.50. "Special Declarant Rights" has the meaning set forth in Section 14.1 hereof. Section 2.51. "Unbounded Portions" has the meaning set forth in Section 4.2(a) hereof. Section 2.52. "Unit" means a physical portion of the Project which is designated for separate ownership or occupancy and the boundaries of which are described in or determined by this Declaration and depicted on the Map. A Unit need not be enclosed by walls, but in the event a Unit consists of enclosed rooms, such Unit shall be bounded by the interior surfaces of Unfinished Perimeter Walls, Unfinished Floors and Unfinished Ceilings thereof, each of which shall be defined as follows: (a) "Unfinished Perimeter Wall" means the studs, supports, and other wooden, metal, or similar structural materials which constitute the interior face of a wall of a Unit. (b) "Unfinished Ceiling" means the beams, joists, and wooden, metal or other structural materials which constitute the ceiling of a Unit. (c) "Unfinished Floor" means the beams, floor joists, and floor deck material which constitute the floor of a Unit. A Unit that is enclosed by walls shall include any lath, furring, wallboard, plasterboard, plaster, drywall, wall paneling, wood, tile, paint, paper, carpeting, or any other wall, ceiling, or floor covering, any fireplace or stove hearth, facing brick, tile or firebox, fixtures and hardware, all improvements contained within the area bounded by the Unfinished Perimeter Walls, Ceilings, and Floors, and any heating and refrigerating elements or related equipment, utility lines and outlets, telecommunications lines, electrical and plumbing fixtures, pipes, and all other related equipment required to provide heating, air conditioning, hot and cold water, electrical, communications, or other utility services solely to such Unit and located within the Unfinished Perimeter Walls, Ceilings, and Floors; provided, however, that such Unit shall not include any of the structural components of the Improvements or any elements, equipment, lines, pipes, fixtures or equipment which are located within such Unit but which serve Common Elements or more than one Unit, as further identified in Sections 2.16 and 2.31 above. Each Unit shall be designated by a separate number, letter, address or other symbol or combination thereof that identifies only one Unit in the Project as more specifically set forth on Exhibit B. The term Unit may be used to refer to a Residential Unit or a Commercial Unit. Section 2.53. "Withdrawn Property" has the meaning set forth in Section 15.8. ARTICLE 3 DIVISION OF PROJECT INTO CONDOMINIUM OWNERSHIP Section 3.1. Division Into Units. The Property is hereby and hereafter divided into those Units identified on Exhibit B, as amended from time to time. The undivided interests in the Common Elements, as allocated in Exhibit B, are hereby declared to be appurtenant to the respective Units. The total of the undivided interests in the Common Elements set forth in Exhibit B, rounded 8 EXHIBIT "D" to the nearest 1 %, shall be deemed to equal one hundred percent (100%) for purposes of this Declaration. Section 3.2. Delineation of Unit Boundaries. The boundaries of each Unit are delineated and designated by an identifying number on the Map, and those numbers are set forth in Exhibit B. Section 3.3. Inseparability of Unit. Except as provided in Section 3.5 below, and except in connection with any Reserved Declarant Rights: (a) no part of a Unit or of the legal rights comprising ownership of a Unit may be partitioned or separated from any other part thereof during the period of condominium ownership prescribed in this Declaration; (b) each Unit shall always be conveyed, transferred, devised, bequeathed, encumbered, and otherwise affected only as a complete Unit; and (c) every conveyance, transfer, gift, devise, bequest, encumbrance, or other disposition of a Unit or any part thereof shall be presumed to be a disposition of the entire Unit, together with the undivided interests in the Common Elements and all appurtenant rights and interests created by Applicable Law or by this Declaration, including the Owner's membership in the Association. Notwithstanding anything to the contrary set forth herein, nothing in this Section shall limit Declarant's exercise of, enjoyment of, or ability to exercise any Reserved Declarant Rights. Section 3.4. Non-Partitionability of Common Elements. The Common Elements shall be owned in common by all of the Owners and shall remain physically undivided, and no Owner shall bring any action for partition or division of the Common Elements. By acceptance of a Deed or other instrument of conveyance or assignment to a Unit, each Owner shall be deemed to have specifically waived such Owner's right, if any, to institute or maintain a partition action or any other cause of action designed to cause a division of the Common Elements, and this Section may be pleaded as a bar to the maintenance of such an action. In addition to all other remedies of the Association, any Owner who shall institute or maintain any such action shall be liable to the Association and hereby agrees to reimburse the Association for all costs and expenses (expressly including court costs and reasonable attorneys' fees) incurred in defending any such action. Notwithstanding anything to the contrary set forth herein, nothing in this Section shall limit Declarant's exercise of, enjoyment of, or ability to exercise any Reserved Declarant Rights. Section 3.5. Subdivision of Units; Relocation of Boundaries Between Adjoining Units. Except as expressly otherwise set forth herein in •connection with the Reserved Declarant Rights, Owner(s) may only subdivide their Units, relocate boundaries between their Unit and an adjoining Unit, and/or reallocate Limited Common Elements between or among Units after obtaining the prior approval of the Board of Directors pursuant to the Rules and Regulations and the consent of all Owners and Eligible First Mortgagees of the Units affected by such change. Any such approved change shall also be subject to the applicable provisions and requirements of this Declaration and of the Act and any other law, ordinance, regulation, or requirement of any governmental authority having jurisdiction over the Units or the Project ("Applicable Law"). Owners shall be responsible for ensuring that all alterations comply with all Applicable Laws and the Condominium Documents and that all necessary approvals are obtained from governmental authorities. No approval given by Declarant or the Association shall be deemed to imply that Declarant or the Association has reviewed any applicable requirements or the requesting Owner's compliance therewith. Notwithstanding anything to the contrary set forth herein, nothing in this Section shall limit Declarant's exercise of, enjoyment of, or ability to exercise any Reserved Declarant Rights. EXHIBIT "D" ARTICLE 4 ALLOCATED INTERESTS Section 4.1. Allocation of Interests. The Allocated Interests assigned to each Unit are set forth on Exhibit B. These interests have been allocated in accordance with the formulae set out in Section 4.2 below. These formulae are to be used in reallocating interests if Units are added to the Project, if Units are converted to a different type of Unit, if Common Elements are converted to a Unit, or if Units are converted to Common Elements or Limited Common Elements. Section 4.2. Formulae for the Allocation of Interests. The interests allocated to each Unit have been calculated by the following formulae and are shown on Exhibit B. (a) Undivided Interest in the Common Elements. The percentage of the undivided interest in the Common Elements shall be allocated (i) first between the Residential Units and the Commercial Units based on the relative square footage of (a) the total of the aggregate square footage ofthe Commercial Unit(s), which shall be deemed to be the square footage as determined by Declarant and as identified on Schedule B and which shall include only those portions of the Commercial Unit(s), in the aggregate, which are enclosed by walls, floors and ceilings (the "Bounded Portions") and which expressly exclude any portion of such Commercial Unit(s) which consist of airspace that is unenclosed or unbounded by walls or ceilings (the "Unbounded Portions"), plus the aggregate square footage of the Limited Common Elements appurtenant to the Commercial Unit(s), as compared to (b) the total of the aggregate square footage ofthe Residential Units plus the aggregate square footage of the Limited Common Elements appurtenant to the Residential Units, all as identified on Exhibit B; (ii) next among the Residential Units based upon the square footage of each Residential Unit as compared to the total square footage of all Residential Units in the Project; and (iii) last among the Commercial Units based upon the square footage ofthe Bounded Portions of each Commercial Unit as compared to the total square footage of all Bounded Portions of all Commercial Units. (b) Common Expense Liability. The percentage of the Common Expense Liability allocated to each Unit is based upon and is equivalent to the percentage of the undivided interest in the Common Elements allocated to the Unit pursuant to subsection (a). Allocations for Common Expense Liability may be further adjusted as set forth in Section 9.3 of this Declaration. (c) Votes. The percentage of the voting power in the Association shall be allocated (i) first between the Residential Units and the Commercial Units on the same basis as the allocation of the undivided interests in the Common Elements, (ii) next among the Residential Units, equally such that each Residential Unit shall be allocated the same voting power as every other Residential Unit, and (iii) last, among the Commercial Units on the same basis as the allocation of the undivided interests in the Common Elements. l0 EXHIBIT "D" Allocations based on square footage shall be based on Declarant's determination of square footage as of the date of this Declaration, as reflected on Exhibit B, and variations in actual as -built square footage shall have no effect on the Allocated Interests, as described herein. Section 4.3. Rounding Convention. Any Allocated Interest, expressed as a percentage, shall be rounded up to the nearest one percent (1 %). The total of all Allocated Interests shall be deemed to equal to one hundred percent (100%) for purposes of this Declaration. Section 4.4. Effective Date of Reallocation. The effective date for reallocating Allocated Interests to Units as a result of the exercise of Development Rights set forth in ARTICLE 15 of this Declaration shall be the date on which the amendment required by Section 15.3 hereof is recorded in the Records. ARTICLE 5 CONDOMINIUM MAP The Map shall be filed in the Records. Any Map filed subsequent to the initial Map shall be termed a supplement to the initial Map, and the numerical sequence of such supplements shall be shown thereon. The Map shall be filed following substantial completion of the Improvement(s) depicted on the Map and prior to the conveyance of any Unit depicted on the Map to a purchaser. The Map shall satisfy the provisions of Section 38-33.3-209 of the Act and of Section 38-51-106, Colorado Revised Statues. The Map shall contain a certificate of a registered and licensed land surveyor certifying that the Map was (a) prepared subsequent to the substantial completion of the Improvements, and (b) contains all information required by this Declaration and the Act. Each supplement shall set forth a like certificate when appropriate. In interpreting the Map, the existing physical boundaries of each separate Unit as constructed shall be conclusively presumed to be its boundaries; provided, however, that any variation in actual as -built square footage for a Unit shall have no effect on the Allocated Interests, as described herein. ARTICLE 6 LEGAL DESCRIPTION AND TAXATION OF UNITS Section 6.1. Contracts to Convey Entered into Prior to Recording of Condominium Declaration and Map. A contract or other agreement for the sale of a Unit entered into prior to the filing of this Declaration in the Records may legally describe such Unit in substantially the manner set forth in this ARTICLE 6 and may indicate that this Declaration and the Map are to be recorded. Section 6.2. Contracts to Convey and Conveyances Subsequent to Recording of Declaration and Map. Subsequent to the recording of this Declaration and the Map, contracts to convey, instruments of conveyance of Units, and every other instrument affecting title to a Unit shall be in substantially the following form with such omissions, insertions, recitals of fact, or other provisions as may be required by the circumstances or appropriate to conform to the requirements of any governmental authority, practice or usage or requirement of law with respect thereto: Unit _ , according to the Condominium Declaration for Vail Mountain View Residences on Gore Creek, recorded WQuern , 2005 at (Reception No. and the 11 EXHIBIT "D" Condominium Map for Vail Mountain View Residences on Gore Creek recorded OC.um cJ , 200g, at (Reception No.)in he office of the Clerk and Recorder of Eagle County, Colorado. Section 6.3. Conveyance Deemed to Include an Undivided Interest in Common Elements. Every instrument of conveyance, Security Interest, or other instrument affecting the title to a Unit which legally describes the Unit substantially in the manner set forth above shall be construed to include the Unit, together with the undivided interest in the Common Elements appurtenant to such Unit, as allocated on Exhibit B, and together with all fixtures and improvements contained in such Unit, and to incorporate all the rights incident to ownership of a Unit and all the limitations of ownership as described in the covenants, conditions, restrictions, easements, reservations, rights-of- way, and other provisions contained in this Declaration, including the easement of enjoyment to use the Common Elements. Section 6.4. Separate Tax Assessments. Upon the filing for record ofthis Declaration and the Map in the Records, Declarant shall deliver a copy of this Declaration to the assessor of each county specified in the Records as provided by law. The lien for taxes assessed shall be confined to the Unit(s). No forfeiture or sale of any Unit for delinquent taxes, assessments, or other governmental charge shall divest or in any way affect the title to any other Unit, including, without limitation, the Common Elements appurtenant to any other Unit. ARTICLE 7 MEMBERSHIP AND VOTING RIGHTS IN ASSOCIATION Section 7.1. Association Membership. The Articles of Incorporation shall be filed no later than the date Declarant delivers the first Deed conveying a Unit in the Project. Every Owner shall be a member of the Association and shall remain a member for the period of the Owner's ownership of a Unit. No Owner, whether one or more Persons, shall have more than one membership per Unit owned, but all of the Persons owning a Unit shall be entitled to rights of membership and of use and enjoyment appurtenant to ownership of a Unit. Membership in the Association shall be appurtenant to, and inay not be separated from, ownership of a Unit. If title to a Unit is held by more than one Person, such Persons shall appoint and authorize one Person or alternate Persons to represent the Owners of the Unit pursuant to the Bylaws, and there shall be a single registered address for each Unit, as applicable, for notice and delivery purposes as further set forth in the Bylaws. Section 7.2. Voting Rights and Meetings. Each Unit in the Project shall have the votes allocated in accordance with Section 4.2; provided, however, no vote allocated to a Unit owned by the Association may be cast. Cumulative voting shall not be allowed in the election of the Board of Directors or for any other purpose. The voting power required for any action or determination shall be calculated in accordance with the Bylaws. A meeting of the Association shall be held at least once each year, and special meetings of the Association inay be called in accordance with the Bylaws. Section 7.3. Meeting to Approve Annual Budget. Prior to the first annual meeting of the Association, and thereafter at the annual meeting of the Association or at a special meeting of the Association called for such purpose, the Owners shall be afforded the opportunity to review the Budget proposed by the Board of Directors, which shall include any Class directed line item as 12 EXHIBIT "D" described in Section 7.8 for the Association's next fiscal year. A summary of the proposed Budget approved by the Board of Directors shall be delivered to the Owners within ninety (90) days after its approval by the Board of Directors along with a notice of a meeting of the Association to be held not fewer than ten (10) nor more than fifty (50) days after delivery of the summary to the Owners. Unless at the meeting at least sixty-seven percent (67%) of the total voting power of the Association reject the proposed Budget, such Budget shall be deemed ratified whether or not a quorum is present at the meeting. In the event the proposed Budget is rejected, the then existing Budget shall continue in effect until such time as a subsequent Budget is proposed by the Board of Directors and is not rejected in accordance with the above procedures. Specific Budget items applicable to a Class may be modified pursuant to Section 7.9. Section 7.4. Transfer Information. All Persons who acquire Unit(s) other than from Declarant shall provide written notice of the transfer, together with all information required under the Bylaws and/or the Rules and Regulations, to the Association within the time required thereunder. Such Person shall also provide a true and correct copy of the recorded instrument conveying or transferring the Unit or such other evidence of the conveyance or transfer as is reasonably acceptable to the Association. The Association or Managing Agent shall have the right to charge the Person a reasonable administrative fee for processing the transfer in the records of the Association. Section 7.5. Declarant Control of the Association. There shall be a Period of Declarant Control of the Association, during which Declarant, or Persons designated by Declarant, may appoint and remove the officers of the Association and the members of the Board of Directors. The Period of Declarant Control shall commence upon filing of the Articles of Incorporation and shall terminate no later than the earlier of: (a) sixty (60) days after conveyance of seventy-five percent (75%) of the Units that may be created to Owners other than a Declarant; (b) two (2) years after Declarant's last conveyance of a Unit in the ordinary course of business; or (c) two (2) years after any right to add new Units was last exercised. Declarant may voluntarily surrender the right to appoint and remove officers and members of the Board of Directors before the termination of the Period of Declarant Control but, in that event, Declarant may require, for the duration of the Period of Declarant Control, that specified actions of the Association or Board of Directors, as described in a recorded instrument executed by Declarant, be approved by Declarant before they become effective. Section 7.6. Required Election of Owners. Not later than sixty (60) days after conveyance of twenty-five percent (25%) of the Units that may be created by Declarant to Owners other than Declarant, at least one (1) member and not less than twenty-five percent (25%) of the members of the Board of Directors shall be elected by Owners other than Declarant. Not later than sixty (60) days after conveyance of fifty percent (50%) of the Units that may be created by Declarant to Owners other than Declarant, not less than thirty-three and one-third percent (33-1/3%) of the members of the Board of Directors must be elected by Owners other than Declarant. 13 EXHIBIT "D" Not later than the termination of the Period of Declarant Control, the Owners shall elect a Board of Directors of the number of members established pursuant to the Bylaws, at least a majority of whom shall be Owners other than Declarant or designated representatives of Owners other than Declarant. The Board of Directors shall elect the officers. The members of the Board of Directors and officers shall take office upon election. Each member of the Board of Directors shall serve for the term specified in the Bylaws and may be removed only in accordance with the Bylaws. Section 7.7. Requirements for Turnover of Declarant Control. Within sixty (60) days after the Owners other than Declarant elect a majority of the members of the Board of Directors, Declarant shall deliver to the Association (a) all property of the Owners and of the Association held by or controlled by Declarant, and (b) the documents, information, funds and other items required by Section 38-33.3-303(9) of the Act, as further specified in the Bylaws (to the extent they are in Declarant's possession or control). Section 7.8. Classes of Membership. Following termination or expiration of the Period of Declarant Control, Owners of Residential Units and Owners of Commercial Units shall each make up a separate class of voting members in the Association (each a "Class") for purposes of voting on certain issues as described in this Section 7.8 and in Section 7.9. In the event that Declarant exercises its Reserved Declarant Rights to subject Units to a plan of fractional or vacation ownership, then owners of fractional or club interests in such Units shall be a separate Class of voting members. In the event that Declarant exercises its Reserved Declarant Rights to create new Residential Units in a separate building or of different types than the Residential Units existing on the date hereof, then the Declarant may cause the Owners of such Units to be a separate Class of voting members. Following termination or expiration of the Period of Declarant Control, all Class issues shall be voted upon or otherwise acted upon by the Owners in the Class at a regular or special meeting of the Association or at such other special meeting of the Class as may be called. For purposes of any such meeting of the Class, the Association shall distribute to the Owners of the Class such notices of the meeting and other information required to be delivered to Owners by the Association for a meeting of the Association as provided in the Bylaws. The decision on whether an issue relates solely to a particular Class or otherwise fits within the categories of the Class issues described in this Declaration shall be determined in the reasonable discretion of the Board of Directors based on the provisions of the Condominium Documents. Section 7.9. Reserved Powers: Directions to Board of Directors. Notwithstanding anything to the contrary set forth in this Declaration, following termination or expiration of the Period of Declarant Control, no issue, action or decision which would operate to discriminate against any Class or otherwise unreasonably interfere with the operation of the Units owned by the Class as otherwise permitted under the Condominium Documents, shall be effective without a vote or agreement of at least sixty-seven percent (67%) of the voting power of the Class. Otherwise, following termination or expiration of the Period of Declarant Control, the Board of Directors shall be required to act in accordance with the directions of a Majority of Owners within the Class with respect to any Class issue acted upon by such Class, including, without limitation, in the following circumstances: (a) If the Majority of Owners within the Class votes to change specific items reflected in the Budget that affect only the Class including, without limitation, a change in services 14 EXHIBIT "D" available to the Class, the Board of Directors shall be so notified in writing and the Budget proposed by the Board of Directors pursuant to Section 9.3 for the following year shall include the requested changes. (b) If the Majority of Owners within the Class votes to change specific items reflected in the Rules and Regulations that affect only the Class, the Board of Directors shall be so notified, in writing, and the Board of Directors shall, at its next meeting, act to effectuate such amendment to the Rules and Regulations accordingly. Notwithstanding anything to the contrary set forth herein, the Board shall not be required to take any action that would cause a breach of any legal duty of the Board or that would result in a violation of the Act. ARTICLE 8 ASSOCIATION POWERS AND DUTIES Section 8.1. Association Management Duties. Subject to the rights and obligations of Declarant and other Owners as set forth in this Declaration, the Association shall be responsible for the administration and operation of the Project and for the exclusive management, control, maintenance, repair, replacement, and improvement of the Common Elements, including the maintenance, repair and replacement of the Limited Common Elements, other than routine maintenance for which the Owners are responsible pursuant to Section 10.1. The Association shall keep the same in good, clean, attractive, and sanitary condition, order, and repair. The expenses, costs, and fees of such management, operation, maintenance, and repair by the Association shall be part of the Assessments, and prior approval of the Owners shall not be required in order for the Association to pay any such expenses, costs, and fees. The Association shall establish and maintain, out of the installments of the annual Assessments, an adequate reserve account for maintenance, repair, or replacement of those Common Elements that must be maintained, repaired and/or replaced on a periodic basis. The Association shall adopt and amend, annually and in accordance with the provisions hereof, a Budget which will be the basis for collection of Assessments from Owners. The Association shall keep financial records sufficiently detailed to enable the Association to comply with the requirement to provide statements of status of Assessments, as described in Section 9.12. All financial and other records of the Association shall be made reasonably available for examination by any Owner and such Owner's authorized agents and requesting First Mortgagees, all in accordance with the Condominium Documents. Section 8.2. Association Powers. The Association shall have, subject to the limitations contained in this Declaration, the Bylaws, and the Act, all powers necessary or appropriate for the administration of the affairs of the Association and the upkeep of the Project, which shall include, but not be limited to, the following: (a) Adopt and amend the Bylaws and the Rules and Regulations and any other rules, procedures or policies adopted by the Board; (b) Adopt and amend the Budget; (c) Collect Assessments from Owners; 15 EXHIBIT "D" (d) Suspend the voting interests allocated to a Unit, and the right of an Owner to cast such votes, or by proxy the votes of another, during any period in which such Owner is in default in the payment of any Assessment, or during any time in which an Owner is in violation of any other provision of the Condominium Documents; (e) Hire and discharge Managing Agents and delegate to such Managing Agents the power and duty to enforce the Rules and Regulations and other powers and duties of the Association, subject to the requirements of the Act; (f) Managing Agents; Hire and discharge employees, independent contractors and agents other than (g) Institute, defend or intervene in litigation or administrative proceedings or seek injunctive relief for violations of the Condominium Documents in the Association's name, on behalf of the Association or on behalf of two or more Owners in matters affecting the Project; (h) Adjust and settle insurance claims; (i) Receive notices, join in any litigation or administrative proceeding, and execute any and all documents in the Association's name, on behalf of the Association, or on behalf of the two or more Owners, in connection with any change in zoning, annexation, subdivision approval, building permit, or other type of governmental approval required to accomplish or maintain the purposes of the Association; (j) Make contracts and incur liabilities; (k) Regulate the use, maintenance, repair, replacement, and modification of all Common Elements (expressly including the Limited Common Elements), all Association property within the Project, and/or any property which serves the Project but which is outside its boundaries; (1) Establish policies and procedures for entry into Units under authority granted to the Association in the Condominium Documents for the purpose of cleaning, maintenance and repair (including emergency repair) and for the purpose of abating a nuisance, or a known or suspected dangerous or unlawful activity; (m) Cause additional improvements to be made as a part of the Common Elements; (n) Acquire, hold, encumber and convey, in the Association's name, any right, title or interest to real estate or personal property (provided that Common Elements may be conveyed or subjected to a Security Interest only pursuant to Section 38-33.3-312 of the Act); (o) Grant easements, including permanent easements, and grant leases, licenses and concessions, through or over the Common Elements; EXHIBIT "D" (p) Impose and receive a payment, fee or charge for (i) services provided to Owners, and (ii) for the use, rental or operation of the Common Elements (other than for the use or rental of the Limited Common Elements); (q) Establish from time to time, and thereafter impose, charges for late payment of Assessments or any other sums due and, after notice and hearing, levy a Fine for a violation of the Condominium Documents; (r) Impose a reasonable charge for the preparation and recording of amendments to the Declaration or statements of unpaid Assessments and for services provided to Owners; (s) Recover Costs of Enforcement for collection of Assessments and other actions to enforce the powers of the Association, regardless of whether or not suit was initiated; (t) Provide for the indemnification of the Association's officers and the Board of Directors to the extent permitted by law and maintain directors' and officers' liability insurance; (u) Assign the Association's right to future income, including the right to receive Assessments; (v) Except with respect to members of the Board of Directors appointed by Declarant during the Period of Declarant Control (who may be removed only by Declarant) , declare the office of a member of the Board of Directors to be vacant in the event such member is absent from three (3) regular meetings of the Board of Directors during any one year period; (w) Appoint any committee as required or permitted by the Condominium Documents, and by resolution, establish committees, permanent and standing, to perform any of the above functions under specifically delegated administrative standards as designated in the resolution establishing the committee; (x) Create one or more sub -associations to govern particular types of Units; (y) By resolution, set forth policies and procedures which provide for corporate actions and powers which are different than those set forth in the Nonprofit Act, which are permitted to be "otherwise set forth in the Bylaws." Such resolutions shall be given the same force and effect as if specifically enumerated in the Declaration or the Bylaws; (z) Exercise any other powers conferred by the Condominium Documents, the Act, or the Nonprofit Act or that may otherwise be exercised by entities of the same type as the Association under Colorado law; and (aa) Exercise any other power necessary or proper for the governance and operation of the Association: Section 8.3. Actions by Board of Directors. Except as specifically otherwise provided in this Declaration, the Bylaws or the Act with respect to powers reserved to the Owners and the Classes, the Board of Directors may act in all instances on behalf of the Association. 17 EXHIBIT "D" Notwithstanding anything to the contrary contained herein, following the termination or expiration of the Period of Declarant Control, the Board of Directors shall have no power or authority to act in contravention or frustration of any action properly taken by a Class with respect to a Class issue as described in Section 7.9 and the Board of Directors shall, instead, take all actions required to effectuate such properly taken actions of the Class. Section 8.4. Board of Directors Meetings. All meetings of the Board of Directors, at which action is to be taken by vote, will be open to the Owners and Eligible First Mortgagees, and agendas for meetings of the Board of Directors shall be made reasonably available for examination by all members of the Association or their representatives and Eligible First Mortgagees, except as set forth in the Bylaws. Section 8.5. Right to Notice and Hearing. Whenever the Condominium Documents require that an action be taken after "notice and hearing," the following procedure shall be observed: The party proposing to take the action (e.g., the Board of Directors, a committee, an officer, a Managing Agent, etc.) shall give notice of the proposed action to all Owners and Eligible First Mortgagees whose interests the proposing party reasonably determines would be significantly affected by the proposed action. The notice shall be given not less than three (3) days before the proposed action is to be taken. The notice shall include a general statement of the proposed action and the date, time and place of the hearing. At the hearing, the affected Person shall have the right, personally or by a representative, to give testimony orally and/or in writing, subject to reasonable rules of procedure established by the party conducting the hearing to assure a prompt and orderly resolution of the issues. Such evidence shall be considered in making the decision but shall not bind the decision makers. The affected Person shall be notified of the decision in the same manner in which notice of the hearing was given. Any Owner or Eligible First Mortgagee having a right to notice and hearing shall have the right to appeal to the Board of Directors from a decision of a proposing party other than the Board of Directors by filing a written notice of appeal with the Board of Directors within ten (10) days after being notified of the decision. The Board of Directors shall conduct a hearing within forty-five (45) days, giving the same notice and observing the same procedures as were required for the original hearing. Section 8.6. Payments to Working Capital Account. In order to provide the Association with adequate working capital funds, the Association may collect from purchasers, at the time of the initial sale by Declarant of each Unit, an amount not to exceed three (3) months' worth of annual Assessments based on the Association's Budget in effect at the time of the conveyance. Such payments to this fund shall not be considered advance payments of annual Assessments. ARTICLE 9 ASSESSMENTS Section 9.1. Commencement of Annual Assessments. Until the Association makes an Assessment for Common Expenses, Declarant shall pay all Common Expenses. After any Assessment has been made by the Association, Assessments shall be made no less frequently than annually and shall be based on the Budget. Section 9.2. Annual Assessments. The Association shall levy annual Assessments to pay for the Common Expense Liability allocated to each Unit pursuant to this Declaration. The total 18 EXHIBIT "D" annual Assessments shall be based upon the Budget. Any surplus funds of the Association remaining after payment of or provision for Common Expenses and after any prepayment of or provision for reserves, as determined by the Board of Directors, shall be refunded to the Owners in proportion to their Common Expense Liability or credited to them to reduce their future Assessments for Common Expenses, as determined by the Board of Directors in its discretion. Section 9.3. Apportionment of Annual Assessments. The total annual Assessments for any fiscal year of the Association shall be assessed to the Units in proportion to their percentage of Common Expense Liability as allocated pursuant to Section 4.2, subject to: (a) Common Expenses which are separately metered or assessed to the Units by third parties or pursuant to service agreements with third parties; (b) Common Expenses associated with the operation, maintenance, repair or replacement of Limited Common Elements, which shall be assessed equally or on such other equitable basis as the Board of Directors shall determine to the Units to which the specific Limited Common Elements are appurtenant; (c) Common Expenses or portions thereof benefiting fewer than all of the Units which shall be assessed exclusively against the Units benefited, and Common Expenses or portions thereof which benefit certain Units more than others which shall be allocated in proportion to such benefit; (d) any increased cost of insurance based upon risk which shall be assessed to Units in proportion to the risk; (e) any Common Expense caused by the misconduct of any Owner(s), which may be assessed exclusively or on such other equitable basis as the Board of Directors shall determine against such Owner(s); and (f) any expenses which are otherwise charged equally to the Units. All such allocations of Common Expense Liability to the Units on a basis other than the Units' percentage of Common Expense Liability shall be determined by the Board of Directors. To the extent certain items or services benefit only the Owners of a certain type of Unit and/or within a certain Class or Classes and/or to the extent real or personal property owned by the Association is only available for use by or only benefits the Owners of a certain type of Unit and/or within a certain Class or Classes, costs and expenses associated with such items shall be assessed only against the Owners of such type of Unit or within the applicable Class(es). To the extent certain items or services are related to Limited Common Elements appurtenant to Units within a certain Class or benefit only the Owners of such Units, the expenses associated with the items or services shall be allocated among the Owners of such Units on the basis of the relative square footage of each such individual Unit (as set forth in Exhibit B) as compared to the aggregate square footage of all such Units. For example, as of the date hereof, if an expense relates only to the LCE -R, then the portion of such expense allocated to each Residential Unit would be determined by dividing the square footage of each such Residential Unit by 44,104 (which number reflects the total Residential Unit square footage as of the date hereof, but which number may change in accordance with the provisions of this Declaration governing modifications to Exhibit B). Section 9.4. Special Assessments. In addition to the annual Assessments authorized above, the Board of Directors may at any time and from time to time determine, levy, and assess in any fiscal year a special Assessment applicable to that particular fiscal year (and for any such longer period as the Board of Directors may determine) for the purpose of defraying, in whole or in part, the unbudgeted costs, fees, and expenses of any construction, reconstruction, repair, demolishing, replacement, renovation or maintenance of the Project, specifically including any fixtures and personal property related to it and any other unbudgeted or unanticipated costs of the Association. 19 EXHIBIT "D" Any amounts determined, levied, and assessed pursuant to this Declaration shall be assessed to the Units pursuant to the provisions in Section 9.3 above. Section 9.5. Due Dates for Assessment Payments. Unless otherwise determined by the Board of Directors, the Assessments which are to be paid in installments shall be paid quarterly in advance and shall be due and payable to the Association without notice (except for the initial notice of any special Assessment), on the date and in the installments determined by the Board of Directors, as set forth in the Rules and Regulations. The Board of Directors may establish different installments for different types of Units or for Owners of multiple Units of any type. An Owner's Assessment shall be prorated if the ownership of a Unit commences or terminates on a day other than the first day or last day, respectively, of the applicable payment period. However, if the Common Expense Liability is re -allocated in accordance with this Declaration, any installment(s) of an Assessment not yet due shall be recalculated to reflect the re -allocated Common Expense Liability. Section 9.6. Default Assessments. All Costs of Enforcement assessed against an Owner pursuant to the Condominium Documents, any Fines, and any expense of the Association which is the obligation of an Owner pursuant to the Condominium Documents and is not paid when due shall become a Default Assessment assessed against the Owner's Unit. Section 9.7. Covenant of Personal Obligation for Assessments. Declarant, by creating the Units pursuant to this Declaration, and all other Owners, by acceptance of the Deed or other instrument of transfer of such Owner's Unit (whether or not it shall be so expressed in such Deed or other instrument of transfer), are deemed to personally covenant and agree, jointly and severally, with all other Owners and with the Association, and hereby do so covenant and agree to pay to the Association the (a) annual Assessments, (b) special Assessments, and (c) Default Assessments applicable to the Owner's Unit. No Owner may waive or otherwise escape personal liability for the payment of the Assessments provided for in this Declaration by not using the Common Elements or the facilities located on or in the Common Elements or by abandoning or leasing such Owner's Unit. Section 9.8. Lien for Assessments; Assignment of Rents. All Assessments (including installments of the Assessments) arising under the provisions of the Condominium Documents shall be burdens running with, and a perpetual lien in favor of the Association upon, the specific Unit to which such Assessments apply. To further evidence such lien upon a specific Unit, the Association shall prepare a written hen notice setting forth the description of the Unit, the amount of Assessments on the Unit unpaid as of the date of such lien notice, the rate of default interest as set by the Rules and Regulations, the name of the Owner or Owners, and any and all other information that the Association may deem proper. The lien notice shall be signed by a member of the Board of Directors, an officer of the Association, or the Managing Agent and shall be recorded in the Records. Any such lien notice shall not constitute a condition precedent or delay the attachment of the lien, but such lien is a perpetual lien upon the Unit and attaches without notice at the beginning of the first day of any period for which any Assessment is levied. Upon any default in the payment of any Assessments, the Association shall also have the right to appoint a receiver to collect all rents, profits, or other income from the Unit payable to the Owner and to apply all such rents, profits, and income to the payment of delinquent Assessments. Each Owner, by ownership of a Unit, agrees to 20 EXHIBIT "D" the assignment of such rents, profits and income to the Association effective immediately upon any default in the payment of annual, special, or Default Assessments. Section 9.9. Remedies for Nonpayment of Assessments. If any Assessment (or any installment of the Assessment) is not fully paid when due, then as often as the same may happen, default interest, late charges, and Costs of Enforcement will accrue as set forth in the Rules and Regulations. In addition, if any Assessment (or any installment of the Assessment) is not fully paid within thirty days after the same becomes due and payable, then as often as the same may happen (a) the Association may declare due and payable all unpaid installments of the annual Assessment or any special Assessment otherwise due during the fiscal year during which such default occurred, (b) the Association inay thereafter bring an action at law or in equity, or both, against any Owner personally obligated to pay the same, (c) the Association may proceed to foreclose its lien pursuant to the power of sale granted to the Association by this Declaration or in the manner and form provided by Colorado law for foreclosure of real estate mortgages, (d) the Association may suspend the Owner's right to vote in Association matters until the Assessment is paid, and (e) the Association may pursue any other remedies available pursuant to the Condominium Documents or Applicable Law. An action at law or in equity by the Association (or counterclaims or cross-claims for such relief in any action) against an Owner to recover a money judgment for unpaid Assessments (or any installment thereof) may be commenced and pursued by the Association without foreclosing or in any way waiving the Association's lien for the Assessments. Foreclosure or attempted foreclosure by the Association of its lien shall not be deemed to stop or otherwise preclude the Association from again foreclosing or attempting to foreclose its lien for any subsequent Assessments (or installments thereof) which are not fully paid when due or for any subsequent Default Assessments. The Association shall have the power and right to bid in or purchase any Unit at foreclosure or other legal sale and to acquire and hold, lease, mortgage, and to convey, or otherwise deal with the Unit acquired in such proceedings. Section 9.10. Purchaser's Liability for Assessments. Notwithstanding the personal obligation of each Owner to pay all Assessments on the Unit, and notwithstanding the Association's perpetual lien upon a Unit for such Assessments, all purchasers of a Unit shall be jointly and severally liable with the prior Owner(s) of such Unit for any and all unpaid Assessments against such Unit, without prejudice to any such purchaser's right to recover from any prior Owner any amounts paid thereon by such purchaser. A purchaser's obligation to pay Assessments shall commence upon the date the purchaser becomes the Owner. For Assessment purposes, the date a purchaser becomes the Owner shall be determined as follows: (a) in the event of a conveyance or transfer by foreclosure, the date a purchaser becomes the Owner shall be deemed to be upon the expiration of all applicable redemption periods; (b) in the event of a conveyance or transfer by deed in lieu of foreclosure a purchaser shall be deemed to become the Owner upon the execution and delivery of the deed or other instruments conveying or transferring title to the Unit, irrespective of the date the deed is recorded; and (c) in the event of conveyance or transfer by Deed, a purchaser shall be deemed to become the Owner upon the execution and delivery of the Deed or other instruments conveying or transferring title of the Unit, irrespective of the date the Deed is recorded. However, such purchaser shall be entitled to rely upon the existence and status of unpaid Assessments as shown upon any certificate issued by or on behalf of the Association to such named purchaser pursuant to the provisions of this Declaration. 21 EXHIBIT "D" Section 9.11. Waiver of Homestead Exemption; Subordination of Association's Lien for Assessments. By acceptance of the Deed or other instrument of transfer of a Unit, each Owner irrevocably waives the homestead exemption provided by Part 2, Article 41, Title 38, Colorado Revised Statutes, as amended. The Association's perpetual lien on a Unit for Assessments shall be superior to all other liens and encumbrances except the following: (a) real property ad valorem taxes and special assessment liens duly imposed by a Colorado governmental or political subdivision or special taxing district, or any other liens made superior by statute; (b) thereto; and liens recorded prior to this Declaration unless otherwise agreed by the parties (c) the lien of any First Mortgagee except to the extent the Act grants priority for Assessments to the Association. Any First Mortgagee who acquires title to a Unit by virtue of foreclosing a First Mortgage or by virtue of a Deed or assignment in lieu of such a foreclosure, or any purchaser at a foreclosure sale of the First Mortgage, will take the Unit free of any claims for unpaid Assessments and Costs of Enforcement against the Unit which accrue prior to the time such First Mortgagee acquires title to the Unit except to the extent the amount of the extinguished lien may be reallocated and assessed to all Units as a Common Expense and except to the extent the Act grants lien priority for Assessments to the Association. All other Persons not holding liens described in this Section and obtaining a lien or encumbrance on any Unit after the recording of this Declaration shall be deemed to consent that any such lien or encumbrance shall be subordinate and inferior to the Association's lien for Assessments and Costs of Enforcement as provided in this Article, whether or not such consent is specifically set forth in the instrument creating any such lien or encumbrance. The sale or other transfer of any Unit shall not affect the Association's lien on such Unit for Assessments due and owing prior to the time such purchaser acquired title and shall not affect the personal liability of each Owner who shall have been responsible for the payment thereof except (a) as provided above with respect to First Mortgagees, (b) in the case of foreclosure of any lien enumerated in this Section, and (c) as provided in the next Section. Further, no such sale or transfer shall relieve the purchaser of a Unit from liability for, or the Unit from the lien of, any Assessments made after the sale or transfer. Section 9.12. Statement of Status of Assessments. Within fourteen calendar days after receipt of written notice to the Managing Agent or, in the absence of a Managing Agent, to the Board of Directors and payment of a reasonable fee set from time to time by the Board of Directors as set forth in the Rules and Regulations, any Owner, holder of a Security Interest, prospective purchaser of a Unit or their designees shall be furnished a statement of the Owner's account setting forth: (a) the amount of any unpaid Assessments then existing against a particular Unit; (b) the amount of the current installments of the annual Assessment and the date that the next installment is due and payable; 22 EXHIBIT "D" (c) the date(s) for payment of any installments of any special Assessments outstanding against the Unit; and (d) any other information, deemed proper by the Association, including the amount of any delinquent Assessments created or imposed under the terms of this Declaration. Upon the issuance of such a certificate signed by a member of the Board of Directors, by an officer of the Association, or by a Managing Agent, the information contained therein shall be conclusive upon the Association as to the Person or Persons to whom such certificate is addressed and who rely on the certificate in good faith. Section 9.13. Liens. Except for Assessment liens as provided in this Declaration, mechanics' liens (except as prohibited by this Declaration), tax liens, judgment liens and other liens validly arising by operation of law, and liens arising under Security Interests, there shall be no other liens obtainable against the Common Elements or against the interest of any Owner in the Common Elements (except a Security Interest in the Common Elements that may be granted by the Association pursuant to the requirements of the Act). ARTICLE 10 MAINTENANCE RESPONSIBILITY Section 10.1. Rights and Duties of Owners. (a) Except as may be provided in the purchase and sale agreement or other conveyancing documents executed by Declarant in connection with sales to initial purchasers of the Units, each Owner shall have the exclusive right and duty to paint, tile, wax, paper, or otherwise decorate or redecorate and to maintain and repair the interior surfaces of the walls, floors, ceilings, windows and doors forming the boundaries of such Owner's Unit and all walls, floors, ceilings, and doors within such boundaries. Notwithstanding the foregoing, no Residential Unit Owner (other than Declarant) shall be permitted to install any hardwood floor or other hard surface improvements in any Residential Unit that might affect adjoining Residential Units by increasing noise or vibrations, without the prior written approval of the Board of Directors, which approval may be denied, or conditioned, in the Board's sole discretion. (b) The Owner of any Unit shall, at the Owner's expense, maintain and keep in repair all fixtures, equipment, and utilities installed and included in a Unit commencing at a point where the fixtures, equipment, and utilities enter the Unit. An Owner shall not allow any action or work that will impair the structural soundness of the Improvements, impair the proper functioning of the utilities, heating, ventilation, plumbing systems, or other building systems or Common Elements (expressly including the Limited Common Elements) or the integrity of the Improvement(s), or impair any easement or hereditament. Without limiting the generality of the foregoing, with respect to any utility line, cable, conduit, pipe or similar improvement serving a Unit, the Owner shall be responsible for its maintenance and repair from the point at which the improvement meets the boundary of the Unit (or if greater, the boundary of the Limited Common Elements appurtenant to and accessible only from the Unit) and the Association shall be responsible for such maintenance and repair where such improvements run on or under the Common Elements to such point. These clarifying provisions are not intended to and shall not be deemed to expand or alter the obligations of 23 EXHIBIT "D" Owners or the Association, as applicable, with respect to utility providers or other service providers, or the rights of the Association with respect to the Common Elements (expressly including the Limited Common Elements). Each Owner shall be responsible for routine maintenance and care of the walls, floors, ceilings, windows and doors of any Limited Common Element balcony, deck or patio and of any other Limited Common Elements appurtenant to and accessible only from the Owner's Unit, and for keeping the same in a good, clean, sanitary, and attractive condition, provided that the Association (a) shall be responsible for all structural repairs, replacements, and non -routine maintenance and repairs (such as painting), (b) may choose to maintain all or any portion of the Limited Common Elements for reasons of uniforniity, aesthetics or structural considerations, and (c) may impose standards for maintenance and aesthetics applicable to such Limited Common Elements through the Rules and Regulations. Owners' rights and maintenance obligations relative to any Limited Common Elements shall also be subject to any more specific Rules and Regulations relating to such Common Elements. Section 10.2. Owner's Negligence. Except as expressly provided in ARTICLE 17, regarding insurance, in the event that the need for maintenance, repair, or replacement of all or any portion of the Project is caused through or by the negligent or willful act or omission of an Owner or Occupant, then the expenses incurred by the Association for such maintenance, repair, or replacement shall be a personal obligation of such Owner; and, if the Owner fails to repay the expenses incurred by the Association within seven days after notice to the Owner of the amount owed, then the failure to so repay shall be a default by the Owner, and such expenses shall automatically become a Default Assessment determined and levied against such Unit, enforceable by the Association in accordance with this Declaration. Section 10.3. Responsibility of the Association. The Association, without the requirement of approval of the Owners, shall maintain and keep in good repair, replace, and improve, as a Common Expense, all of the Project not required in this Declaration to be maintained and kept in good repair by an Owner. ARTICLE 11 MECHANICS' LIENS Section 11.1. Mechanics' Liens. Subsequent to recording of this Declaration and the filing of the Map in the Records, no labor performed or materials furnished for use and incorporated in any Unit with the consent of or at the request of the Owner or the Owner's agent, contractor or subcontractor, shall be the basis for the filing of a lien against a Unit of any other Owner not expressly consenting to or requesting the same, or against any interest in the Common Elements except as to the undivided interest therein appurtenant to the Unit of the Owner for whom such labor shall have been performed or such materials shall have been furnished. Each Owner shall indemnify and hold harmless each of the other Owners and the Association from and against any liability or loss arising from the claim of any mechanics' lien or for labor performed or for materials furnished in work on such Owner's Unit, against the Unit of another Owner or against the Common Elements, or any part thereof. Section 11.2. Enforcement by the Association. At its own initiative or upon the written request of any Owner, if the Association determines that further action by the Association is proper, the Association shall enforce the indemnity provided by the provisions of this ARTICLE 11 by EXHIBIT "D" collecting from the Owner of the Unit on which the labor was performed or materials furnished the amount necessary to discharge by bond or otherwise any such mechanics' lien, to pay all costs and reasonable attorneys' fees incidental to the lien, and to obtain a release of such lien. If the Owner of the Unit on which the labor was performed or materials furnished refuses or fails to indemnify within five (5) days after the Association shall have given notice to such Owner of the total amount of the claim, then the failure to so indemnify shall be a default by such Owner under the provisions of this ARTICLE 11, and such amount to be indemnified shall automatically become a Default Assessment determined and levied against such Unit, and enforceable by the Association pursuant to this Declaration. ARTICLE 12 USE RESTRICTIONS Section 12.1. Use of Units. Except for uses reserved to Declarant in ARTICLE 14 entitled "Special Declarant Rights and Additional Reserved Rights," all Residential Units shall be used for dwelling purposes only and shall otherwise be used only in accordance with the Condominium Documents and all Applicable Laws. Notwithstanding anything to the contrary set forth in the Condominium Documents, Declarant shall have the right to rent any Units owned by Declarant (or any portion(s) of such Units). The Commercial Units may be used for any purposes and uses permitted by Applicable Law. Section 12.2. Use of Common Elements. Except as may be permitted in the Limited Common Elements pursuant to the Condominium Documents, there shall be no obstruction of the Common Elements, nor shall anything be kept or stored on any part of the Common Elements by any Owner without the prior written approval of the Board of Directors. Nothing shall be altered on, constructed in, or removed from the Common Elements by any Owner without the prior written approval of the Board of Directors. Owners and Occupants shall not disturb, damage, or have access to, certain restricted access areas in the Common Elements such as those specified in Section 13.1 and any other areas so designated on the Map or in the Rules and Regulations. Section 12.3. Commercial Activities. A variety of commercial activities may be conducted in and adjacent to the Project (as further described below, the "Commercial Activities"). The Commercial Activities may generate an unpredictable amount of visible, audible and odorous impacts and disturbances. The Commercial Activities may include, without limitation, to the extent permitted by Applicable Law: (i) property and rental management related uses, (ii) public and/or pay parking; (iii) lodging related uses; (iv) landscaping and related uses; (v) employee housing and related uses;(vi) office and retail uses, (vii) retail sales and rentals, (viii) restaurant and bar operations (including, without limitation, sales of food and alcoholic and non-alcoholic beverages for consumption on and immediately adjacent to the Project and at other locations, preparation of hot and cold food and beverages at indoor and outdoor facilities on and immediately adjacent to the Project), (ix) sales of services relating to recreational activities, (x) the installation, operation and maintenance of illuminated and non -illuminated signage, (xi) meetings and conferences, (xii) recreation and club -related activities; (xiii) real estate sales and/or rentals and related uses (including the keeping of model units); (xiv) events such as banquets, receptions, parties and similar functions; and (xv) any other uses or activities permitted by Applicable Law. The Commercial Activities may occur during the day or night. Commercial Activities within the Commercial Units at the Project must comply with any Rules and Regulations applicable to the Commercial Units. 25 EXHIBIT "D" Section 12.4. Prohibition of Increases in Insurable Risks and Certain Activities. Nothing shall be done or kept in any Unit or in or on the Common Elements, or any part thereof, which would result in the cancellation of the insurance on all or any part of the Project or in an increase in the rate of the insurance on all or any part of the Project over what the Association, but for such activity, would pay, without the prior written approval of the Board of Directors. Nothing shall be done or kept in any Unit or in or on the Common Elements which would be in violation of any Applicable Law. No damage to or waste of the Common Elements shall be committed by any Owner or Occupant, and each Owner shall indemnify and hold the Association and the other Owners harmless against all loss resulting from any such damage or waste caused by such Owner or an Occupant of such Owner's Unit (including all costs and expenses (including court costs and reasonable attorneys' fees) incurred in the defense of claims arising by reason of this Section or incurred in establishing the right to indemnification). Failure to so indemnify shall be a default by such Owner under this Section and shall give rise to a Default Assessment against such Owner's Unit. At its own initiative or upon the written request of any Owner, if the Association determines that further action by the Association is proper, the Association shall enforce the foregoing indemnity as a Default Assessment levied against such Unit. Section 12.5. Structural Alterations and Exterior Appearance. Except in connection with the Reserved Declarant Rights, no structural alterations to any Unit, including the construction of any additional skylight, window, door or other alteration visible from the exterior of the Unit or to any Common Element shall be made or caused to be made by any Owner without the prior written approval of Declarant during the Period of Declarant Control and, thereafter, the Board of Directors. The Association may promulgate Rules and Regulations establishing procedures for the approvals required by this Section 12.5. Such Rules and Regulations may include, but shall not be limited to, requirements that the Owner submit (a) plans and specifications showing the nature, kind, shape, height, color, materials, and location of the proposed alterations in sufficient detail for the Association and Declarant to review them; and (b) processing and/or review fees, which may include any professional fees the Association or Declarant might incur in retaining architects or engineers to review the plans and specifications. Owners shall be responsible for ensuring that all alterations comply with all Applicable Laws and that all necessary approvals are obtained from governmental authorities. No approval given by Declarant or the Association shall be deemed to imply that Declarant or the Association has reviewed any applicable requirements or the requesting Owner's compliance therewith. Without limiting the generality of the foregoing, alteration of a Limited Common Element appurtenant to a Unit may be further restricted pursuant to the Rules and Regulations. Section 12.6. Pet and Use Restrictions. No animal pens, sheds, fences or other outbuildings or structures of any kind shall be erected by any Owner. The Association may adopt additional restrictions regarding pets in the Rules and Regulations. No activity shall be allowed which interferes unduly with the peaceful possession and proper use of the Project by the Owners, nor shall any fire hazard, safety hazard, or unsightly accumulation of refuse be allowed. Section 12.7. Limit on Timesharing. No Owner, excluding Declarant, shall offer or sell any interest in a Unit under a "timesharing," "vacation club," "private residence club," "non -equity club," "fractional plan" or "interval ownership" or membership plan, or any similar plan without the specific prior written approval of Declarant during the Period of Declarant Control, and thereafter 26 EXHIBIT "D" the Board of Directors. Any such approval shall be subject to the requesting Owner's compliance with all Applicable Laws. This restriction shall not apply to any re -sale or other subsequent transfer of an interest in a Unit as originally created and deeded by Declarant. Section 12.8. Restriction on Signs. No signs, billboards, posterboards, or advertising structure of any kind shall be displayed, erected, or maintained for any purpose whatsoever except such signs as have been approved by Declarant during the Period of Declarant Control and, thereafter, the Board of Directors, except those expressly required to be permitted under the Act (such as certain flags and political signs), if any. Such approval shall be given only if such signs are of attractive design and as gmall a size as reasonably possible and shall be placed or located as directed or approved by the Board of Directors. Any signs which are permitted under the foregoing restrictions shall be erected or maintained only if and to the extent they are in compliance with all Applicable Laws. Section 12.9. Restrictions on Use of Parking and Storage Areas. Unless written permission is granted by the Board of Directors, (a) no parking shall be permitted at any location on the Common Elements unless specifically designated for parking by the Association, or in a location. designated as a Limited Common Element appurtenant to a specific Unit, and (b) no storage is permitted outside of Units except in specifically designated storage areas, if any. No Owner may use any parking or storage space assigned to another without permission of the Owner to whom the parking or storage space is assigned. No Owner may use any parking space for storage or use any parking or storage space in any manner that obstructs or interferes with any other Owner's parking or storage rights or that constitutes a safety hazard. Without limiting the generality of the powers of the Association with respect to parking or storage, the Association may promulgate Rules and Regulations governing parking and storage, and the Association is specifically authorized, but not obligated, to (i) remove any abandoned or inoperable vehicle, any vehicle parked in any area not designated for parking, or any vehicle parked in any space that is assigned to another Person or reserved for a specific use, or any vehicle parked in an obstructing or hazardous manner, except if and to the extent such parking of such vehicle is expressly required to be permitted under the Act, and (ii) remove any improperly stored or hazardous materials, in all cases at the expense of the Owner or Occupant that owns such vehicle or materials. Expenses incurred by the Association in connection with such removal (and storage, if necessary) shall be a personal obligation of such Owner and, if the Owner fails to pay such amount within seven (7) days after notice to the Owner of the amount owed, then the failure to pay shall be a default by the Owner and such expenses shall automatically become a Default Assessment determined and levied against such Unit enforceable by the Association as provided in this Declaration. Notwithstanding the foregoing provisions of this Section, Declarant reserves for itself and its agents and designees an easement to access and to use, and nothing herein shall be construed to prevent Declarant's and its agents' and designees' access to or use of parking spaces or Common Elements to park vehicles and equipment necessary or desirable for the development and construction of Improvements within the Property or improvements adjacent to the Property and/or to park vehicles in parking spaces (including spaces assigned as Limited Common Elements (if any) when unoccupied) for other purposes during the period of Declarant's reserved Development Rights. EXHIBIT "D" Section 12.10. No Limitation on Reserved Declarant Rights. Nothing set forth in this ARTICLE 12 shall interfere with the Reserved Declarant Rights or with Declarant's right or ability to exercise its rights reserved hereunder, including the Reserved Declarant Rights. ARTICLE 13 EASEMENTS Section 13.1. Easement of Enjoyment; Common Elements. Every Owner shall have a perpetual non-exclusive right and easement for the use and enjoyment of, and for access over, across, and upon, any portion of the Common Elements designated for common use (but specifically excluding Common Elements designated for uses such as maintenance, storage, utility installations and service areas), which includes the benefit of a non-exclusive easement of access over, across and upon the Common Elements for the purpose of access to and from the Unit from public ways for both pedestrian and, where appropriate, vehicular travel, which right and easement shall be appurtenant to and pass with the transfer of title to such Unit; provided, however, that such right and easement shall be subject to the following: (a) the covenants, conditions, restrictions, easements, reservations, rights-of-way, and other provisions contained in this Declaration, and the Map; (b) the right of the Association from time to time to assign on an equitable basis portions of the Common Elements such as parking spaces or storage for the exclusive use of the Owner of a particular Unit by a resolution of the Board or other appropriate written instrument; (c) the right of the Association to adopt, from time to time, Rules and Regulations concerning vehicular traffic and travel upon, in, under, and across the Project; (d) the right of the Association to adopt, from time to time, such Rules and Regulations concerning the Project as the Association may determine are necessary or prudent for the management, preservation, safety, control, orderly operation, or use of the Project for the benefit of all Owners; and (e) the agreement of all Owners, pursuant to this Declaration, to use reasonable and good faith efforts not to interfere with the use and enjoyment of other Owners of the Common Elements and such other Owners' respective Units. Section 13.2. Easement of Enjoyment; Limited Common Elements. Subject to the provisions of this Declaration and the Rules and Regulations, every Owner shall have the right to use and enjoy the Limited Common Elements appurtenant to such Owner's Unit. Section 13.3. Delegation of Use. Any Owner may delegate, in accordance with the Condominium Documents, the Owner's right of enjoyment in the Common Elements to an Occupant of the Owner's Unit. Section 13.4. Recorded Easements. The Property shall be subject to any easements as shown on any recorded plat affecting the Property, as shown on the recorded Map, or as reserved or granted under this Declaration. The recording data for recorded easements and licenses appurtenant 28 EXHIBIT "D" to or included in the Property as of the date of this Declaration is set forth on Exhibit C attached hereto and incorporated herein by this reference. Section 13.5. Easements for Encroachments. The Project, and all portions of it, is subject to easements hereby created for encroachments between Units and the Common Elements as follows: (a) in favor of all Owners, so that they shall have no legal liability when any part of the Common Elements encroaches upon a Unit; (b) in favor of each Owner, so that the Owner shall have no legal liability when any part of such Owner's Unit encroaches upon the Common Elements or upon another Unit; and (c) in favor of all Owners, the Association, and the Owner of any encroaching Unit for the maintenance and repair of such encroachments. Encroachments referred to in this Section 13.5 include, but are not limited to, encroachments caused by error or variance from the original plans in the construction of the Improvements or any Unit constructed on the Property, by error in the Map, by settling, rising, or shifting of the earth, or by changes in position caused by repair or reconstruction of any part of the Project. Such encroachments shall not be considered to be encumbrances upon any part of the Project; provided, however, that encroachments created by the intentional act of an Owner shall not be deemed to create an easement on the Property and shall be considered an encroachment upon the Project. Such encroachment shall be removed at Owner's expense immediately upon notice from the Association. In the event such encroachment is not timely removed, the Association may effect removal of the encroachment and the expense thereof shall be a Default Assessment to the Owner. Section 13.6. Utility Easements. There is hereby created a general non-exclusive easement upon, across, over, in, and under all of the Units and Common Elements for ingress and egress and for the purpose of installation, replacement, repair, and maintenance of all utilities and services for the Owners, including but not limited to water, sewer, gas, telephone, electricity, security systems, cable television, cable, and other communication systems. By virtue of this easement, it shall be expressly permissible and proper for the companies providing such utilities to erect and maintain the necessary equipment on the Common Elements and to affix and maintain electrical, communications, and telephone wires, circuits, and conduits under the Property. Any utility or service company using this general easement shall (i) use its best efforts to install and maintain the utilities provided without disturbing the uses of other utilities, the Owners, the Association, or Declarant; (ii) complete its installation and maintenance activities as promptly as reasonably possible; and (iii) restore the surface to its original condition as soon as possible after completion of its work. Should any utility or service company furnishing a service covered by this general easement request a specific easement by separate recordable document, Declarant and the Association (subject to Declarant's approval during the Period of Declarant Control) shall each have the right and authority, but not the obligation, to grant such easement upon, across, over, or under any part or all of the Property without conflicting with the terms hereof. The easements provided for in this Section 13.6 shall in no way void, extinguish, or modify any other recorded easement on the Property. EXHIBIT "D" Section 13.7. Emergency Access Easement. A general easement is hereby granted to all police, sheriff, fire protection, ambulance, and all other similar emergency agencies or Persons to enter upon the Property in the proper performance of their duties. Section 13.8. Maintenance Easement. An easement is hereby granted to the Association and any Managing Agent and their respective officers, agents, employees and assigns upon, across, over, in, and under the Common Elements and a right to make such use of the Common Elements as may be necessary or appropriate to perform the duties and functions which they are obligated or permitted to perform pursuant to this Declaration. Section 13.9. Easements of Access for Repair, Maintenance, and Emergencies. Some of the Common Elements are or may be located within the Units or may be conveniently accessible only through the Units. The Owners and the Association shall have the irrevocable right, to be exercised by the Association as the Owners' agent, to have access to each Unit and to all Common Elements from time to time during such reasonable hours as may be necessary for the maintenance, repair, removal, or replacement of any of the Common Elements therein or accessible therefrom or for making emergency repairs therein necessary to prevent damage to the Common Elements or to any Unit. Unless caused by the negligent or willful act or omission of an Owner or Occupant, damage to the interior of any part of a Unit resulting from the maintenance, repair, emergency repair, removal, or replacement of any of the Common Elements or as a result of emergency repair within another Unit at the instance of the Association or of the Owners shall be a Common Expense. In order to effectuate this right, the Association shall retain a pass key or other access device to each Unit and an Owner shall not change the exterior lock or other access system on its Unit without the Board's prior written consent and providing the Association with a replacement key or access device to accommodate the new lock or other access system. Section 13.10. Easements Deemed Created. All conveyances of Units hereafter made, whether by Declarant or otherwise, shall be construed to grant and reserve the easements contained in this ARTICLE 13, even though no specific reference to such easements or to this ARTICLE 13 appears in the instrument for such conveyance. Section 13.11. Easement for Warranty Work. To the extent that and for as long as any Person remains liable under any warranty, whether statutory, express or implied, for any act or omission in the development or construction of any portion of the Project, then such Person and its contractors, agents and designees shall have the right, from time to time, to enter the Units (after reasonable notice to the affected Owner) and/or the Common Elements for the purpose of making any necessary inspections, tests, repairs, improvements and/or replacements required for such Person to fulfill any of its warranty obligations. Failure of the Association or any Owner to grant such access may result in the applicable warranty being nullified and of no further force or effect. Section 13.12. Additional Easements. In the event an additional easement is reasonably requested by an Owner or the Association for purposes consistent with the intent of this Declaration, each Owner and the Association, as applicable, will act reasonably and in good faith in evaluating the request and will not unreasonably withhold its consent to the granting of any such easement. 30 EXHIBIT "D" ARTICLE 14 SPECIAL DECLARANT RIGHTS AND ADDITIONAL RESERVED RIGHTS Section 14.1. Special Declarant Rights. Declarant hereby reserves the right, from time to time, to perform the acts and exercise the rights hereinafter specified (the "Special Declarant Rights"). Declarant's Special Declarant Rights include the following: (a) Completion of Improvements. The right to complete Improvements indicated on the Map(s) filed with this Declaration. (b) Exercise of Development Rights. The right to exercise any Development Right reserved in ARTICLE 15 of this Declaration. (c) Sales, Management and Marketing. The right to locate, relocate and maintain sales offices, management offices, operational facilities or offices, signs advertising the Project, and models within the Common Elements and any Unit or Units owned by Declarant, and the right to remove the same. Declarant shall have the right to show Units and the Common Elements to prospective purchasers and to arrange for the use of any parking, storage, or recreational facilities within the Common Elements by prospective purchasers. (d) Development Easements. The right to create and grant easements through the Common Elements to any party for any purpose including, without limitation, for purposes of (i) making Improvements within the Project, (ii) the construction and development of Real Estate which may be added to the Project, including, without limitation, the Expansion Property, and/or (iii) exercising any Reserved Declarant Rights. (e) Master Association. The right to annex into and/or make the Project subject to a master association. (f) Sub -Associations. The right to subject any portion of the Project to separate declaration(s) of covenants and/or to create sub-association(s), subject to this Declaration and the Condominium Documents. Without limiting the generality of the foregoing, the Declarant shall have the right to create one or more sub -associations to govern particular Classes and/or types of Units. (g) Control of Association and Board of Directors. During the Period of Declarant Control, the right to appoint or remove any officer of the Association or any member of the Board of Directors appointed by Declarant. (h) Amendment of Declaration. The right to amend this Declaration in connection with the exercise of any Development Rights. (i) Amendment of Map. The right to amend the Map in connection with the exercise of any Development Rights. Project. (j) Signs. The right to maintain signs on the Common Elements advertising the EXHIBIT "D" (k) Post -Sales. The right to use the Common Elements to maintain customer relations and provide post -sale and re -sale services to Owners. (1) Merger. The right to merge or consolidate the Project with another project of the same form of ownership. (m) Parking/Storage. The right to use and to allow others to use all parking and storage areas (other than parking or storage areas designated as Limited Common Elements appurtenant to Units not owned by the Declarant) in connection with its marketing efforts and the right to park vehicles for other purposes in accordance with Section 12.9. Section 14.2. Additional Reserved Rights. In addition to the Special Declarant Rights set forth in Section 14.1 above, Declarant also reserves the following additional rights (the "Additional Reserved Rights"): (a) Dedications. The right to establish, from time to time, by grant, dedication or otherwise, utility and other easements for purposes including but not limited to streets, paths, walkways, ski -ways, drainage, recreation areas, club access, parking areas, driveways, ducts, shafts, flues, conduit installation areas, and to create other reservations, exceptions and exclusions for the benefit of and to serve the Owners within the Project. (b) Use Agreements. The right to enter into, establish, execute, amend, and otherwise deal with contracts and agreements for the use, lease, repair, maintenance or regulation of parking and/or recreational facilities, which may or may not be a part of the Project, for the benefit of the Owners and/or the Association. (c) Easement Rights. The right to grant easements in, on, over or through the Common Elements to any third party for the development or improvement of the Property or other Real Estate, as determined by Declarant. (d) Other Rights. The right to exercise any Additional Reserved Right created by any other provision of this Declaration or of the Act. Section 14.3. Limitations on Special Declarant Rights and Additional Reserved Rights. Special Declarant Rights and Additional Reserved Rights may be exercised at any time during the period described below in this Section unless sooner terminated (i) by an amendment to this Declaration executed by Declarant; (ii) pursuant to a specific provision for earlier termination set forth above; or (iii) if and to the extent otherwise required under the Act. Any Special Declarant Right or Additional Reserved Rights may be exercised by Declarant so long as Declarant (a) is obligated under any warranty or obligation; (b) holds a Development Right; (c) owns any Unit or any interest therein; or (d) holds a Security Interest in any Unit(s); provided, however, all Special Declarant Rights and Additional Reserved Rights shall terminate thirty (30) years after the date of recording this Declaration. Section 14.4. Interference With Special Declarant Rights or Additional Reserved Rights. Neither the Association nor any Owner nor any Class may take any action or adopt any rule and/or regulation that will interfere with or diminish any Special Declarant Rights or Additional Reserved 32 EXHIBIT "D" Rights without the prior written consent of Declarant. In the event an Owner, a Class or the Association takes any such action, or is the losing party in any proceeding related to such action, then (in addition to all other remedies of Declarant) such Owner, such Class, or the Association shall be responsible for Declarant's costs, including reasonable attorneys' fees, and shall also be responsible for any and all consequential damages, including damages as the result of any delay, related to such action. Section 14.5. Rights Transferable. Any Special Declarant Rights or Additional Reserved Right created or reserved under this ARTICLE 14 for the benefit of Declarant may be transferred to any Person by an instrument expressly describing the rights transferred and recorded in the Records. Such instrument shall be executed by the transferor Declarant and the transferee. ARTICLE 15 RESERVATION OF DEVELOPMENT RIGHTS Section 15.1. Expansion Rights. Declarant expressly reserves the right to subject all or any part of the Real Estate described in Exhibit D attached hereto and hereby incorporated by reference (the "Expansion Property") to the provisions of this Declaration upon the substantial completion of Improvements on the Expansion Property. The consent of the existing Owners, First Mortgagees or other holders of Security Interests shall not be required for any such expansion, and Declarant may proceed with such expansion without limitation at its sole option. In addition, Declarant also expressly reserves the right to add unspecified Real Estate to the Project as allowed by the Act. Section 15.2. Development and Withdrawal Rights. Declarant expressly reserves the right to create Units and/or Common Elements (expressly including Limited Common Elements), to combine Units, to subdivide Units, to convert Units into Common Elements (expressly including Limited Common Elements), to convert Common Elements into Units, to allocate Common Elements as Limited Common Elements and to allocate Real Estate as Limited Common Elements on all or any portion of the Real Estate reserved for future development in this Declaration or pursuant to the Map, expressly and specifically including, without limitation, any Commercial Unit (expressly including, without limitation, any part of the same that is not within the Bounded Portion), any Residential Unit owned by Declarant, and the Expansion Property. Any improvements created, constructed or installed pursuant to the previous sentence may be referred to herein as "Additional Improvements." Without limiting the generality of the foregoing, Declarant expressly reserves the right (a) to subject Units owned by Declarant, or other portions of the Project that are subject to Development Rights, to a plan of fractional or vacation ownership; (b) to convert all or a portion of any Commercial Unit into Residential Units and/or to create new Residential Units, which may be of a different type than and/or may form a different Class than the Residential Units existing as of the date hereof; (c) to subdivide, combine, or relocate boundaries between any Units owned by Declarant and any adjacent Limited Common Elements appurtenant thereto, including the addition, removal or relocation of any Common Elements therein, provided the same does not impair the structural soundness of or the operation of building systems in such Common Elements; (d) to subdivide any Commercial Unit within the parking garage into individual parking units (which parking units would be deemed to be Commercial Units hereunder), and/or (e) to subject any Commercial Unit that is all or part of a parking garage to a club, membership, or similar program through which owners or members thereof, which may or may not be Owners, are granted a right to use and access certain Common Elements. In the event that Declarant exercises any Reserved 33 EXHIBIT "D" Declarant Rights in a manner that causes the creation of Units which are to be used or restricted as employee housing units pursuant to the ordinances or regulations of the Town of Vail, then Declarant may elect to designate such employee housing units as either Commercial Units or Residential Units, and in either case the employee housing units may be excluded from certain Limited Common Elements appurtenant to other Units in the relevant Class (and from payment of the costs associated therewith) and/or from voting on certain Class issues otherwise associated with the relevant Class, all as determined and designated by Declarant. Declarant may exercise any or all of the Development Rights so reserved at any time within the period described in Section 15.9 with respect to all or any of the Real Estate identified as subject to Development Rights in the Declaration or pursuant to the Map. No assurances are made with respect to the boundaries of any parcels that maybe developed or the order in which the parcels maybe developed. Exercise of a Development Right with respect to any one parcel does not require exercise of a Development Right on any other parcel of Real Estate subject to Development Rights. No assurances are made that any further development will occur. If all or any part of the Expansion Property is submitted to this Declaration, this right to reserve property for future development shall apply to such property as well. Declarant expressly reserves the right to withdraw all or any portion of the Property that is designated as subject to withdrawal in this Declaration from the Project by recording a document evidencing such withdrawal in the Records. The Commercial Unit, or any portion(s) thereof retained by Declarant after any subdivision thereof, is hereby designated as being subject to withdrawal rights. The Real Estate withdrawn from the Project shall be subject to whatever easements, if any, are reasonably necessary for access to or operation of the Project. Declarant shall prepare and record in the Records whatever documents are necessary to evidence such easements and shall amend Exhibit C to this Declaration to include reference to the recorded easements. Declarant alone is liable for all expenses in connection with Real Estate subject to Development Rights for as long as the same remains subject to Development Rights. Section 15.3. Amendment of Declaration. If Declarant elects to submit the Expansion Property, or any part thereof, or Additional Improvements, to this Declaration, or to subdivide or to convert Units or Common Elements, then at such time as a certificate of completion executed by an independent licensed or registered engineer, surveyor, or architect stating that all structural components of the Improvements on the Expansion Property or the Additional Improvements are substantially completed is obtained, Declarant shall record an amendment to this Declaration reallocating the Allocated Interests so that the Allocated Interests appurtenant to each Unit will be apportioned according to the total number of Units submitted to this Declaration. The Allocated Interests apportioned to each Unit in the Project shall be based on the formulae set forth in Section 4.2. Mere subdivision of a Unit shall not change the Allocated Interests of any Unit not included in such subdivision, except as expressly set forth in Section 4.2. The amendment to this Declaration shall contain, at a minimum, the legal description of the Expansion Property, or a part thereof, or a description of the Real Estate on which the Additional Improvements being submitted to this Declaration are located and a revised schedule of the Allocated Interests appurtenant to the Units in the Project. Section 15.4. Supplement to the Map. Declarant shall, contemporaneously with the amendment of this Declaration, file a supplement to the Map showing the location of the Additional Improvements constructed on the Expansion Property or the construction, combination, subdivision, 34 EXHIBIT "D" conversion or allocation of Units or Common Elements allowed by this Article. The supplement to the Map shall substantially conform to the requirements contained in this Declaration. Section 15.5. Interpretation. Recording of amendments to this Declaration, and supplements to the Map, in the Records shall automatically: such Unit; and (a) vest in each existing Unit the reallocated Allocated Interests appurtenant to (b) vest in each existing holder of a Security Interest a perfected Security Interest in the reallocated Allocated Interests appurtenant to the encumbered Unit. Upon the recording of an amendment to this Declaration, the definitions used in this Declaration shall automatically be extended to encompass and to refer to the Property as expanded. The Expansion Property, or any part thereof, or the Additional Improvements constructed on the Property as expanded shall be added to and become a part of the Project for all purposes. All conveyances of Units after such expansion shall be effective to transfer rights in all Common Elements as expanded, whether or not reference is made to any amendment to this Declaration or supplement to the Map. Reference to this Declaration and Map in any instrument shall be deemed to include all amendments to this Declaration and supplements to the Map without specific reference thereto. Section 15.6. Maximum Number of Units. The maximum number of Units in the Project shall not exceed 300 Units, or, if allowed by the Act, the maximum number of Units allowed by any governmental entity having jurisdiction over the Property, pursuant to any development plan or approvals for the Property and the Expansion Property. Declarant shall not be obligated to expand the Project beyond the number of Units initially submitted to this Declaration. Section 15.7. Construction Easement. Declarant reserves an easement through, over and across the Common Elements and Units as may be reasonably necessary for the purpose of discharging Declarant's obligations and exercising Declarant's reserved rights in this Declaration without consent of any party. Such easement includes the right to construct underground utility lines, pipes, wires, ducts, conduits, and other facilities across the Property not designated as reserved for future development in this Declaration or on the Map for the purpose of furnishing utility and other services to buildings and Improvements to be constructed on any of the Property reserved for future development. Declarant's reserved construction easement includes the right to grant easements to public utility companies and to convey improvements within those easements anywhere in the Common Elements not occupied by an Improvement containing Units. If Declarant grants any such easements, Exhibit C to this Declaration will be amended to include reference to the recorded easement. Section 15.8. Reciprocal Easements. If property is withdrawn from the Project ("Withdrawn Property"): (a) the owner(s) of the Withdrawn Property shall have whatever easements are necessary or appropriate, if any, for access, utility service, repair, maintenance and emergencies over and across the Project; and 35 EXHIBIT "D" (b) the Owner(s) in the Project shall have whatever easements are necessary or appropriate, if any, for access, utility service, repair, maintenance, and emergencies over and across the Withdrawn Property. Declarant shall prepare and record in the Records whatever documents are necessary to evidence such easements and shall amend Exhibit C to this Declaration to include reference to the recorded easement(s). Such recorded easement(s) shall specify that the owner(s) of the Expansion Property and the Withdrawn Property and the Owners in the Project shall be obligated to pay a proportionate share of the cost of the operation and maintenance of any easements utilized by either one of them on the other's property upon such reasonable basis as Declarant shall establish in the easement(s). Preparation and recordation by Declarant of an easement pursuant to this Section 15.8 shall conclusively determine the existence, location and extent of the reciprocal easements that are necessary or desirable as contemplated by this Section 15.8. Section 15.9. Termination of Development Rights. The Development Rights reserved to Declarant, for itself, its successors and assigns, shall expire thirty (30) years after the date of recording this Declaration in the Records, unless the Development Rights are reinstated or extended by the Association as provided in the Act, subject to whatever terms, conditions, and limitations the Board of Directors may impose on the subsequent exercise of Development Rights by Declarant. Declarant may at any time release and relinquish some or all of the Development Rights with respect to all or any part of the Real Estate subject to such rights by instrument executed by Declarant and effective when recorded in the Records. Upon the expiration or other termination of the Development Rights, any Real Estate then subject to such rights shall become Common Elements or Units, as applicable. Section 15.10, Interference With Development Rights. Neither the Association nor any Owner nor any Class may take any action or adopt any rule or regulation that will interfere with or diminish any Development Rights reserved by this ARTICLE 15 without the prior written consent of Declarant. In the event an Owner, a Class or the Association takes any such action, or is the losing party in any proceeding related to such action, then (in addition to all other remedies of Declarant) such Owner, such Class, or the Association shall be responsible for Declarant's costs, including reasonable attorneys' fees, and shall also be responsible for any and all consequential damages, including damages as the result of any delay, related to such action. Section 15.11. Transfer of Development Rights. Any Development Rights created or reserved under this ARTICLE 15 for the benefit of Declarant may be transferred, in whole or in part to any Person by an instrument expressly describing the rights transferred and recorded in the Records. Such instrument shall be executed by the transferor Declarant and the transferee. ARTICLE 16 INSURANCE Section 16.1. Coverage. Commencing not later than the first conveyance of a Unit to a purchaser and to the extent reasonably available, the Association shall obtain and maintain insurance coverage as set forth in this Article. The Association shall have the power and authority to obtain additional policies or coverages not specified herein in the Board's discretion. If such insurance is not reasonably available, or if any policy of such insurance is canceled or not renewed without a 36 EXHIBIT "D" replacement policy, or if the Board of Directors determines that any insurance described herein will not be maintained, the Board of Directors shall promptly cause notice of that fact to be delivered to all Owners and Eligible First Mortgagees at their respective last known addresses. (a) Property Insurance. The Association shall maintain property insurance on the Project for special form covered causes of loss (or such equivalent coverage as may hereafter be customarily offered in the insurance industry) in an amount not less than the full insurable replacement cost of the insured property (as determined by the Board of Directors) less applicable deductibles at the time insurance is purchased and at each renewal date, exclusive of land and other items normally excluded from property insurance policies. Co-insurance shall not be permitted. (b) Liability Insurance. The Association shall maintain commercial general liability insurance against claims and liabilities arising in connection with the ownership, existence, use, or management of the Project, insuring the Board of Directors, the Association, the Managing Agent, and their respective employees, agents and all Persons acting as agents therefor. The Declarant shall be included as an additional insured in Declarant's capacity as an Owner and member of the Board of Directors. Owners shall be included as additional insureds but only for claims and liabilities arising in connection with the ownership interest in, existence, use or management of the Common Elements or membership in the Association. The insurance shall cover claims of one or more insured parties against the other insured parties. (c) Fidelity Insurance. The Association shall maintain fidelity insurance on all persons who control or disburse funds of the Association. Coverage shall not be less in the aggregate than two months' current annual Assessments plus reserves, as calculated from the current Budget of the Association. Any Person employed as an independent contractor by the Association, including the Managing Agent, shall be an insured employee in the policy of fidelity insurance specified above. (d) Other Insurance. The Board of Directors may also procure insurance against such additional risks of a type normally carried with respect to properties of comparable character and use that the Board of Directors deems reasonable and necessary in order to protect the Project, the Association and the Owners. (e) E&O Coverage. The Association shall maintain errors and omissions coverage for members of the Board of Directors and any other parties that the Board of Directors elects to cover by such insurance, which may include, without limitation, the Managing Agent, committee members, volunteers, and Declarant representatives. (f) Owners' Policies. Each Owner of a Residential Unit shall obtain additional insurance at such Owner's own cost for such Owner's own benefit covering all personal property within such Owner's Residential Unit and all Improvements within the interior finished boundaries of such Owner's Residential Unit. All such policies shall contain waivers of subrogation and provide further that the liability of the carriers issuing insurance to the Association hereunder shall not be affected or diminished by reason of any such insurance carried by any Owner. Each Owner waives and releases all claims against the Association to the extent such claim is covered by applicable insurance policies, regardless of whether damage, loss or injury arose from the negligence 37 EXHIBIT "D" or breach of any agreement by the Association. Each Owner acknowledges that insurance obtained by the Association does not obviate the need for an Owner to obtain separate insurance for such Owner's benefit. Each Owner may also obtain general liability insurance at such Owner's own cost for such Owner's own benefit covering operations and activities within such Owner's Unit. Such coverage may also extend to cover any legal liability imposed on an Owner due to such Owner's interest in the Common Elements. Section 16.2. Required Provisions. All insurance policies carried by the Association pursuant to the requirements of this ARTICLE 16 must provide that: (a) each Owner and each Eligible First Mortgagee is an insured Person under the policy with respect to liability arising out of such Owner's interest in the Common Elements or membership in the Association; (b) the insurer waives its rights to subrogation under the policy against any Owner or member of an Owner's household; (c) no act or omission by any Owner or Eligible First Mortgagee, unless acting within the scope of such Owner's authority on behalf of the Association, if any, will void the policy or be a condition to recovery under the policy; (d) if, at the time of a loss under the policy, there is other insurance in the name of an Owner covering the risks covered by the policy (other than an Owner's policy covering such Owner's personal property), the Association's policy provides primary insurance; (e) any loss covered by the policies must be adjusted with the Association; (f) the insurance proceeds for any loss (other than for an Owner's personal property) shall be payable to an insurance trustee designated for that purpose, or otherwise to the Association and not to any holder of a Security Interest; (g) the insurer shall issue certificates or memoranda of insurance to the Association and, upon request, to any Owner or holder of a Security Interest; and (h) the insurer issuing the policy may not cancel or refuse to renew the policy until thirty (30) days after notice of the proposed cancellation or non -renewal has been delivered to the Association and any Owner(s) and holder(s) of Security Interests to whom a certificate or memorandum of insurance has been issued at their respective last known addresses. Section 16.3. Claims by Owner. An Owner may file a claim against the policy of the Association to the same extent, and with the same effect, as if the Owner were a named insured ifthe following conditions are met: (a) the Owner has contacted the Board of Directors or Managing Agent in writing, and in accordance with any applicable association policies or procedures for owner -initiated insurance claims, regarding the subject matter of the claim, (b) the Owner has given the Association at least fifteen (15) days to respond in writing, and, if so requested, has given the Association's agent a reasonable opportunity to inspect the damage; and (c) the subject matter ofthe claim falls within the Association's insurance responsibilities. The Association's insurer, when 38 EXHIBIT "D" determining premiums to be charged to the Association, shall not take into account any request by an Owner for a clarification of coverage. Section 16.4. Adjustment of Claims. The Association may adopt and establish written nondiscriminatory policies and procedures relating to the submittal of claims, responsibility for deductibles, and any other matters of claims adjustment. To the extent the Association settles a property insurance claim, it shall have the authority to assess negligent Owners causing such loss or benefiting from such repair or restoration all deductibles paid by the Association. In the event more than one Unit is damaged by a loss, the Association in its reasonable discretion may assess each Owner a pro rata share of any deductible paid by the Association. Section 16.5. Copies of Policies. A copy of each insurance policy obtained by the Association shall be made available for inspection by any Owner at reasonable times. ARTICLE 17 RESTORATION UPON DAMAGE OR DESTRUCTION Section 17.1. Duty to Restore. Any portion of the Project, for which the Association is required to carry insurance under the Act, that is damaged or destroyed must be repaired or replaced promptly by the Association unless: (a) the Project is terminated; (b) repair or replacement would be illegal under Applicable Law; (c) sixty-seven percent (67%) of the actual total voting power of the Owners (rather than sixty-seven percent of those present or voting by proxy at a meeting or a majority of a quorum), including every Owner of a Unit or Limited Common Element that will not be rebuilt, vote not to rebuild; or (d) prior to the conveyance of any Unit to a purchaser, the holder of a Security Interest on the damaged portion of the Project rightfully demands all or a substantial part of the insurance proceeds. In the event the Project is not repaired or replaced as allowed by Subsections (a), (b) and (c) above, then the Real Estate in the Project shall be sold and the proceeds distributed pursuant to the procedures provided for in the Act for termination of condominium projects. Section 17.2. Cost. The cost of repair or replacement in excess of insurance proceeds and reserves is a Common Expense. Section 17.3. Plans. The Property must be repaired and restored in accordance with either the original plans and specifications or other plans and specifications which have been approved by the Board of Directors and any percentage of Owners required to approve the same under the Act. Section 17.4. Replacement of Less Than Entire Property. If only a portion of the Project (rather than the entire Project) is repaired or replaced, the insurance proceeds attributable to the damaged Common Elements shall be used to restore the damaged area to a condition compatible 39 EXHIBIT "D" with the remainder of the Project and any remaining proceeds (after any other distribution required by Applicable Law) shall be distributed or credited as follows: (a) the insurance proceeds attributable to a Unit and Limited Common Elements that are not rebuilt must first be distributed or credited to the Owner(s) of the Unit and to the Owner(s) of the Unit to which the Limited Common Elements were allocated, or to holders of Security Interests, as their interests may appear; (b) the remainder of the proceeds must be distributed or credited to each Owner or holder of a Security Interest, as their interests may appear, in proportion to the Allocated Interests in the Common Elements of all the Units; and (c) if the Owners vote not to rebuild a Unit, the Allocated Interests of the Unit shall be reallocated as if the Unit had been condemned, and the Association promptly shall prepare, execute and record an amendment to this Declaration reflecting the reallocation. Section 17.5. Insurance Proceeds. The insurance trustee, or if there is no insurance trustee, then the Board of Directors, acting by the President, shall hold any insurance proceeds in trust for the Association, Owners and holders of Security Interests as their interest may appear. Subject to the provisions of the Sections above, the proceeds shall be disbursed first for the repair or restoration of the damaged Property, and the Association, Owners and holders of Security Interests are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the Property has been completely repaired or restored, or the Project is terminated, in which event the surplus proceeds will be distributed as provided in this Declaration and the Act. Except to the extent otherwise required by the Act, no provision of the Condominium Documents shall be construed to grant to any Owner, any priority over any rights of any First Mortgagees pursuant to the terms of their Security Interests in the case of the distribution to Owners of insurance proceeds for losses to Units and/or the Common Elements or any portions thereof. Section 17.6. Certificates by the Board of Directors. The insurance trustee, if any, may rely on the following certifications in writing made by the Board of Directors: (a) whether or not damaged or destroyed Property is to be repaired or restored; and (b) the amount or amounts to be paid for repairs or restoration and the names and addresses of the parties to whom such amounts are to be paid. Section 17.7. Certificates by Attorneys or Title Insurance Companies. If payments are to be made to Owners or holders of Security Interests, the Board of Directors, and the insurance trustee, if any, shall obtain and may rely on a title insurance company or attorney's certificate of title or a title insurance policy based on a search of the Records from the date of recording of this Declaration stating the names of the Owners and the holders of Security Interest. EXHIBIT "D" ARTICLE 18 CONDEMNATION If all or part of the Project is taken by any power having the authority of eminent domain, all compensation and damages for and on account of the taking shall be payable in accordance with the provisions on eminent domain in the Act. ARTICLE 19 MORTGAGEE PROTECTIONS Section 19.1. Introduction. This ARTICLE 19 establishes certain standards and covenants which are for the benefit of Eligible First Mortgagees. This ARTICLE 19 is supplemental to, and not in substitution for, any other provisions of this Declaration, but in the case of any conflict, this Article shall control. Section 19.2. Percentage of First Mortgagees. Unless specifically provided otherwise, wherever in this Declaration the approval or consent of a specified percentage of Eligible First Mortgagees is required, it shall mean the approval or consent of the stated percentage of the voting power of Eligible First Mortgagees. Each Eligible First Mortgagee shall be entitled to the same voting power as allocated to the encumbered Unit. Section 19.3. Notice of Actions. The Association shall give prompt written notice of the following to each Eligible First Mortgagee: (a) any condemnation loss or any casualty loss which affects a material portion of the Common Elements or any Unit in which an interest is held by the Eligible First Mortgagee; (b) if requested by such Eligible First Mortgagee, any delinquency in the payment of Assessments which remains uncured for sixty (60) days by an Owner whose Unit is encumbered by a Security Interest held by such Eligible First Mortgagee; (c) any lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association; (d) any proposed action which would require the consent of Eligible First Mortgagees as set forth in this Article; (e) any judgment rendered against the Association having a material effect on the ability of the Association to perform its obligations herewith; and (f) if requested by such Eligible First Mortgagee, a copy of any financial statement of the Association. Section 19.4. Consent Required. The Association may not take any of the following actions, except as such rights have been specifically reserved by Declarant under the provisions of this Declaration, without the consent of sixty-seven percent (67%) of the Eligible First Mortgagees: (a) sale, conveyance or encumbrance of the Common Elements (provided, however, that the granting of easements for public utilities, for construction and maintenance of 41 EXHIBIT "D" roads within the Project, or for other purposes provided for in this Declaration will not be deemed a transfer within the meaning of this clause); (b) restoration or repair of the Project (after hazard damage or partial condemnation) in a manner other than that specified in this Declaration; (c) termination of this Declaration for reasons other than substantial destruction or condemnation, subject to the approval percentages required for such termination; (d) merger of the Project with any other common interest community; or (e) any decision not to repair or to replace the Common Elements when repair or replacement is otherwise required under this Declaration. Section 19.5. Notice of Objection. Unless an Eligible First Mortgagee provides the Secretary of the Association with written notice of its objection, if any, to any proposed amendment or action requiring the approval of Eligible First Mortgagees within sixty (60) days following the receipt of notice of such proposed amendment or action, the Eligible First Mortgagee will be deemed conclusively to have consented to or approved the proposed amendment or action. Section 19.6. First Mortgagees' Rights. (a) Advances. First Mortgagees, jointly or singly, may pay taxes or other charges which are in default and which may or have become a charge against any of the Common Elements or improvements thereon, and may pay overdue premiums on hazard insurance policies for the Common Elements. First Mortgagees making such payments shall be owed immediate reimbursement from the Association. (b) Cure Rights. First Mortgagees shall be entitled to cure any delinquency of the Owner of a Unit encumbered by a First Mortgage in the payment of Assessments. In that event, the First Mortgagee shall be entitled to obtain a release from the lien unposed or perfected by reason of such delinquency. Section 19.7. Limitations on First Mortgagee's Rights. No requirement for approval or consent by a First Mortgagee provided in this ARTICLE 19 shall operate to: (a) deny or delegate control over the general administrative affairs of the Association by the Owners or the Board of Directors; (b) prevent the Association or Board of Directors from commencing, intervening and/or settling any legal proceeding; or (c) prevent any insurance trustee or the Association from receiving and distributing any insurance proceeds in accordance with the requirements of ARTICLE 17 entitled "Restoration Upon Damage or Destruction". 42 EXHIBIT "D" Section 19.8. Reserved Declarant Rights. No provision or requirement of this ARTICLE 19 entitled "Mortgagee Protections" shall apply to or contravene any Reserved Declarant Rights reserved to Declarant in this Declaration. Section 19.9. Lien Protection for Mortgagees. Except as set forth in the Act or as required by other Applicable Law, no violation or breach of or failure to comply with any provision of the Declaration and no action to enforce any such provision shall affect, defeat, render invalid or impair the lien of any Security Interest taken in good faith or for value and perfected by recording in the Records, nor shall such violation, breach, failure to comply or action to enforce affect, defeat, render invalid or impair the title or interest of the holder of any such Security Interest or the title or interest acquired by any purchaser upon foreclosure of any such Security Interest or other lien. ARTICLE 20 DURATION OF COVENANTS; AMENDMENT AND TERMINATION Section 20.1. Term. The covenants, conditions, restrictions, reservations, easements, assessments, charges and liens set forth in this Declaration shall run with and bind the Property until this Declaration is terminated pursuant to the terms hereof. Section 20.2. Amendment of Declaration. This Declaration may be amended as follows: (a) General Amendments. Except as otherwise expresslypermitted or restricted by this Section 20.2, this Declaration may be amended only by a vote or agreement of Owners holding at least sixty-seven percent (67%) of the total voting power of the Association. Following the Period of Declarant Control, to the extent the proposed amendment involves an issue subject to Class voting, a majority of a quorum of the Owners in the affected Class will also be required, such that the sixty-seven percent (67%) must include a majority of a quorum of the Owners in such Class. Notwithstanding the foregoing provision, the percentage of the total voting power necessary to amend a specific clause or provision of this Declaration shall not be less than the percentage of affirmative voting power prescribed for action to be taken under that clause or provision. The Association may not, while any Reserved Declarant Right exists, amend this Declaration in any matter that restricts or reduces Declarant's rights or increases or expands Declarant's obligations or liabilities hereunder without Declarant's written consent. (b) Pennitted Use Amendments. Except to the extent otherwise expressly permitted or required in this Declaration, this Declaration may be amended to change the uses to which any Unit is restricted only by a vote or agreement of Owners holding at least sixty-seven percent (67%) of the total voting power of the Association, including a majority of the voting power allocated to any Class directly affected by such amendment (e.g., amendments changing uses for Commercial Units). (c) Allocated Interest Amendments. Except to the extent otherwise expressly permitted or required in this Declaration or under the Act, this Declaration may be amended to increase Reserved Declarant Rights, increase the number of Units or change the boundaries of any Unit or the Allocated Interests of a Unit only by a vote or agreement of Owners holding at least sixty-seven percent (67%) of the total voting power of the Association, including sixty-seven percent (67%) of the voting power allocated to Units not owned by Declarant. 43 EXHIBIT "D" (d) Reserved Amendment Rights. To the extent that this Declaration and the Act expressly permit or require amendments that may be executed by Declarant or by the Association, this Declaration may be amended by amendments executed solely by Declarant or solely by the Association. To the extent not prohibited by the Act, Declarant may execute any amendment required or necessary to comply with Applicable Law and any amendment required or appropriate to comply with the secondary mortgage market or Colorado state regulatory requirements. In the event of an amendment by Declarant in connection with the exercise of the Reserved Declarant Rights pursuant to the terms of this Declaration, recording of such amendments to this Declaration and any associated supplement to the Map in the Records shall automatically: (i) vest in each existing Owner the reallocated Allocated Interests appurtenant to such Owner's Unit; and (ii) vest in each existing holder of a Security Interest a perfected Security Interest in the reallocated Allocated Interests appurtenant to the encumbered Unit. Upon the recording of such an amendment to this Declaration, the definitions used in this Declaration shall automatically be extended to encompass and to refer to the Property, as expanded. All conveyances of Units after such expansion shall be effective to transfer rights in all Common Elements as expanded, whether or not reference is made to any amendment to this Declaration or supplement to the Map. Reference to this Declaration and Map in any instrument shall be deemed to include all amendments to this Declaration and supplements to the Map without specific reference thereto. Section 20.3. Amendment of Other Condominium Documents. The Articles of Incorporation and Bylaws may be amended in accordance with the terms of such documents and the Nonprofit Act. The Rules and Regulations may be amended as determined by the Board of Directors. While any Reserved Declarant Right exists, the Condominium Documents may not be amended in any manner that restricts or reduces Declarant's rights or increases Declarant's obligations or liabilities thereunder without Declarant's written consent. Section 20.4. Execution of Amendments; Expenses. Any amendment shall be prepared, executed and recorded either by Declarant or by an officer of the Association designated for that purpose or, in the absence of a designation, by the President of the Association. All expenses associated with preparing and recording an amendment to this Declaration shall be the sole responsibility of: (a) any Owners desiring an amendment as provided for in this Declaration or the Act; (b) Declarant, to the extent the right to amend this Declaration is reserved to Declarant and exercised by Declarant; or (c) in all other cases by the Association as a Common Expense. Section 20.5. When Modifications Permitted. Notwithstanding the provisions of Section 20.2 above, no amendment or termination of this Declaration shall be effective in any event during the Period of Declarant Control, unless the written approval of Declarant is first obtained. Section 20.6. Recording of Amendments. Any amendment to this Declaration made in accordance with this ARTICLE 20 shall be immediately effective upon the recording of the executed amendment in the Records together with a duly authenticated certificate of Declarant or the 44 EXHIBIT "D" Secretary of the Association, as applicable, stating that the required vote of Owners, if any, and required consents of First Mortgagees (and/or Eligible First Mortgagee, as applicable), if any, were obtained and are on file in the office of the Association or were not required to be obtained pursuant to this Declaration or the Act. The amendment must be indexed in the grantee's index in the name of the Project and the Association and in the grantor's index in the name of each Person or entity executing the Amendment. Section 20.7. Rights of Declarant. Notwithstanding anything to the contrary contained herein, and to the extent permitted by the Act, no amendment or modification to, or impairment of any of the rights contained in, any of Section 12.8, ARTICLE 14, ARTICLE 15, Section 20.5, or this Section 20.7 nor any provision of this Declaration reserving or creating any Reserved Declarant Right shall be effective or enforceable without the prior consent of Declarant during the longer of the Period of Declarant Control or the period in which Declarant continues to hold Reserved Declarant Rights. Section 20.8. Rights of Eligible First Mortgagees. To the extent allowed by the Act, Eligible First Mortgagees shall have the rights to approve specified action of the Owners or the Association as a condition to the effectiveness of those actions as provided in ARTICLE 19 entitled "Mortgagee Protections". Section 20.9. Termination of the Project. The Project may only be terminated as provided in the Act. ARTICLE 21 MISCELLANEOUS Section 21.1. Notices. All notices, demands, or other communications required or permitted to be given hereunder shall be in writing, and any and all such items shall be deemed to have been duly delivered upon personal delivery; upon actual receipt, in the case of notices forwarded by certified mail, return receipt requested, postage prepaid; as of 12:00 Noon on the immediately following business day after deposit with Federal Express or a similar overnight courier service; or as of the third business hour (a business hour being one of the hours from 8:00 a.m. to 5:00 p.m. on business days) after transmitting by telecopier, facsimile, or electronic mail. Section 21.2. Nonwaiver. Failure by Declarant, the Association, or any Owner or Eligible First Mortgagee to enforce any covenant, condition, restriction, easement, reservation, right-of-way, or other provision contained in the Condominium Documents shall in no way or event be deemed to be a waiver of the right to do so thereafter. Section 21.3. Severability. The provisions of this Declaration shall be deemed to be independent and severable, and the invalidity of any one or more of the provisions of this Declaration by judgment or court order or decree shall in no way affect the validity or enforceability of any of the other provisions, which provisions shall remain in full force and effect. Any provision which would violate the rule against perpetuities and the rule prohibiting unlawful restraints on alienation shall be construed in a manner as to make this Declaration valid and enforceable. 45 EXHIBIT "D" Section 21.4. Number and Gender. Unless the context provides or requires to the contrary, the use of the singular herein shall include the plural, the use of the plural shall include the singular, and the use of any gender shall include all genders. Section 21.5. Captions. The captions to the Articles and Sections and the Table of Contents at the beginning of this Declaration are inserted only as a matter of convenience and for reference, and are in no way to be construed to define, limit, or otherwise describe the scope of this Declaration or the intent of any provision of this Declaration. Section 21.6. Conflicts in Legal Documents. In case of conflicts between the provisions in this Declaration and the Articles of Incorporation or the Bylaws, this Declaration shall control. In case of conflicts in the provisions in the Articles of Incorporation and the Bylaws, the Articles of Incorporation shall control. Section 21.7. Exhibits. All the Exhibits attached to and described in this Declaration are incorporated in this Declaration by this reference. Section 21.8. Choice of Law. This Declaration shall be construed and interpreted in accordance with the laws of the State of Colorado, and specifically, the provisions of the Act and not the general common law (including remedies) of tenancy -in -common. Section 21.9. Third Party Beneficiary. This Declaration is submitted, imposed, and declared solely for the benefit of Declarant, Owners, First Mortgagees, and their respective successors, assigns, heirs, executors, administrators, and personal representatives. No party shall be deemed a third party beneficiary of this Declaration. ARTICLE 22 ENFORCEMENT Section 22.1. Enforcement. Subject to the provisions of Section 22.2 and Section 22.3 regarding the mediation and arbitration and resolution of Construction Disputes (as defined below), the covenants, conditions, restrictions, easements, reservations, rights-of-way, liens, charges and other provisions contained in the Condominium Documents may be enforced through any proceedings at law or in equity against any Person(s) (including, without limitation, the Association) violating or attempting to violate any such provision. Subject to the requirements of Section 22.2 and Section 22.3, the Association and any aggrieved Unit Owner shall have the right to institute, maintain and prosecute any such proceedings.' In addition and without reference to the provisions of this ARTICLE 22, the Association shall further have the right to levy and collect Fines, as set forth in the Rules and Regulations, for the violation of any provision of any of the Condominium Documents. The prevailing party in any action instituted or maintained under this Section 22.1 shall be entitled to all Costs of Enforcement, as well as any and all other sums awarded by the Court. Failure by the Association or any Unit Owner to enforce any covenant, restriction or other provision of the Condominium Documents shall in no event be deemed a waiver of the right to do so thereafter. Section 22.2. Mediation and Arbitration. Upon the written demand of any Unit Owner, Declarant or the Association (for purposes of this Section 22.2, each of which is called a "party" and any two or more of which are called "parties"), any Dispute other than a Construction Dispute, shall 46 EXHIBIT "D" be resolved by mediation, or if mediation is not successful, by binding arbitration in accordance with the terms of this Section 22.2. Mediation shall be required prior to any arbitration only if one of the parties submits a demand for mediation in accordance with Section 22.2(a). For the purposes of this Article, "Dispute" shall mean any dispute, action, claim or controversy, whether sounding in law, equity, contract or tort (excluding, however, tort claims arising from physical bodily injury) between the Declarant, the Association and/or any one or more Unit Owners that: (i) concerns or requires the application of any provision of the Condominium Documents; (ii) concerns or requires the application of any provision of the Act; (iii) arises from any act, omission, transaction or occurrence in any Unit or in or on any Common Element; or (iv) concerns any Unit or Common Element or any improvement or item of tangible personal property in or on a Unit or Common Element. Notwithstanding the foregoing, the term Dispute shall expressly exclude: (a) any action by any party to seek or obtain a temporary restraining order, preliminary injunction or similar equitable order or decree; (b) any action by any party to compel arbitration or enforce a temporary restraining order, preliminary injunction, permanent injunction or similar equitable order or decree, or any award or decision of any arbitration conducted pursuant to Section 22.2; (c) any action by the Association to assess or collect any Assessments or to enforce or foreclose any lien for such Assessments; (d) any action by the Association to enforce the provisions of this Declaration concerning use restrictions; (e) any action pursuant to the provisions of this Declaration concerning mechanics liens; and (f) any action arising from an express, written warranty. . (a) Mediation. A written demand for mediation shall be made within a reasonable time after the Dispute has arisen. In the case of a Construction Dispute, the requirements of Section 22.3(a) shall substitute for mediation. The Dispute shall be mediated by a mutually acceptable mediator to be chosen by the parties within thirty (30) days after the demand for mediation. No party may unreasonably withhold consent to the selection of a mediator, and each party shall share the cost of mediation equally. If the parties are unable to resolve the Dispute by mediation within one hundred twenty (120) days after the demand for mediation, then any party may make a demand for the resolution of the Dispute by arbitration in accordance with the terms of Section 22.2(b); provided, however, that no proceedings for arbitration of a Dispute, or a Construction Dispute as hereinafter defined (or litigation of the same in the event any judicial proceeding is allowed or had) shall be commenced by the Association unless prior to the initiation of the arbitration or litigation, such action is approved by the vote of Unit Owners holding at least two- thirds (2/3rds) of the voting power of the Unit Owners entitled to vote. (b) Arbitration. A demand for the resolution of a Dispute by arbitration must be made in writing within a reasonable time after the party has complied with the requirements of Section 22.2(a) and becomes entitled to submit the Dispute to arbitration. The demand for arbitration shall be delivered to the other party(ies) and the American Arbitration Association (the "AAA") before the date when commencement of legal or equitable proceedings based on the Dispute would be barred by the applicable statute of limitations. In no event shall the demand for arbitration of a Dispute be made after the date when institution of legal or equitable proceedings based on such Dispute would be barred by the applicable statute of limitations. Any party who fails to submit to binding arbitration regarding a Dispute following a lawful demand by the opposing party shall bear all costs and expenses, including reasonable attorneys' fees, incurred by the 47 EXHIBIT "D" • opposing party in compelling arbitration of such Dispute. Except as otherwise provided in this Section 22.2(b) or by the express written agreement of the parties, the AAA shall administer all aspects of arbitrations conducted pursuant to this Section 22.2(b), including selection of arbitrators, pursuant to the AAA's Commercial Arbitration Rules. Except as provided below with respect to enforcing the decision of the arbitrator(s), once a Dispute is submitted to arbitration, the claims involved cannot later be brought, filed or pursued in any court. All arbitration of Disputes shall be conducted in the greater Denver, Colorado metropolitan area. Except with respect to any Dispute involving, in the aggregate, claims and counterclaims of less than Ten Thousand Dollars ($10,000), arbitration hereunder shall be before a three (3) Person panel of neutral arbitrators consisting of persons from either of the following categories, but at least one (1) from each category: (i) an attorney who has practiced in the area of real estate development law for at least ten (10) years or a retired judge at the district court or an appellate court level; or (ii) a Person with at least ten (10) years experience in the residential construction industry. Any Dispute involving, in the aggregate, claims of less than Ten Thousand Dollars ($10,000) shall be resolved before a single arbitrator meeting the qualifications set forth in clause (i) of the preceding sentence. The AAA shall submit a list of persons meeting the criteria outlined above for each category of arbitrator, and the parties shall select one (1) Person from each category in the manner established by the AAA. Arbitrations conducted pursuant to the terms of ARTICLE 22 will be governed by Colorado law. The orders of the arbitrator(s) shall be in writing and shall specify the factual and legal basis for the decision. The results of any arbitration conducted pursuant to this ARTICLE 22 shall be binding and final, and the decision of the arbitrator(s) may be filed, converted and enforced as a judgment, order or decree in the District Court of the County. (c) Actual Damages. Except as provided in Section 22.2(d) and Section 22.3(b) with regard to awards of attorneys' fees and expenses, and except as and if otherwise expressly set forth in this Declaration with respect to a particular type of violation or breach, no party shall be entitled to receive any award of damages in connection with the arbitration of a Dispute (or litigation of the same in the event any judicial proceeding is allowed or had), other than such party's actual damages, and Declarant, the Association and any Owner shall be deemed to have waived their right to receive any damages other than actual damages in a Dispute, including without limitation special damages, consequential damages and punitive or exemplary damages. BY TAKING TITLE TO A UNIT, EACH UNIT OWNER ACKNOWLEDGES AND AGREES THAT SUCH OWNER HAS WAIVED AND SHALL BE DEEMED TO HAVE WAIVED THE RIGHT TO ANY AWARDS OF DAMAGES IN CONNECTION WITH THE ARBITRATION OF A DISPUTE, (OR LITIGATION OF THE SAME IN THE EVENT ANY JUDICIAL PROCEEDING IS ALLOWED OR HAD) OTHER THAN OWNER'S ACTUAL DAMAGES. (d) Recovery of Fees and Expenses. The arbitrator(s) shall make an award of attorneys' fees and expenses, including the fees and expenses of the arbitrator(s) to the prevailing party; provided, however, that if the decision of the arbitrator(s) is not wholly in favor of one party, the arbitrator(s) shall allocate such fees and expenses between the parties; and, provided further, that the arbitrators shall also make an award for recovery of such fees and expenses as required by Section 22.3(b). 48 EXHIBIT "D" Section 22.3. Construction Disputes. Any Dispute which relates to or arises out of the physical condition of the Common Elements or a Unit and involves the Declarant in a position adverse to the Association and/or any Unit Owner(s) shall be deemed a "Construction Dispute," and shall be subject to the provisions of this Section 22.3, in addition to the arbitration provisions of Section 22.2 above. To the extent a Construction Dispute, as defined below, is covered by the Construction Defect Reform Act of 2003, C.R.S. § 13-20-801 et. seq. as it is in effect as of the date hereof (the "CDRA"), arbitration shall be required in accordance with this ARTICLE 22 but the CDRA shall govern with respect to such Construction Dispute. If the CDRA is abrogated or is not enforced by Colorado courts at the time of a Construction Dispute, the following procedures and limitations shall govern. (a) Construction Dispute Procedures. Prior to invoking binding arbitration under subsection 22.2(b) above, the Association or the Owner, as applicable (the "Initiating Party") shall deliver written notice (a "Dispute Notice") to the Declarant specifying the particular defects that are the subject of the Construction Dispute, together with copies of all studies, surveys, reports and other documents relating thereto. The Dispute Notice shall contain the current mailing address for the Initiating Party. Within forth -five (45) days after receiving the Dispute Notice, the Declarant may deliver to the Initiating Party a written notice (the "Response Notice") designating a time and place for a meeting between the Declarant and the Initiating Party to discuss the Construction Dispute; provided, however, that such meeting shall take place within the Project or at the Declarant's principal place of business, and shall occur not less than seven (7) nor more than thirty (30) days after delivery of the Response Notice. In the context of a Construction Dispute, this meeting replaces any requirement for or right to mediation pursuant to Section 22.2(a). Prior to the meeting, the Declarant may make an initial on-site inspection of the alleged defects in the Common Elements or Units identified in the Dispute Notice. Upon delivery of the Response Notice, all statutes of limitations applicable to the claim against the Declarant shall be tolled. If the Declarant does not deliver the Response Notice within the forty-five (45) day period, the Initiating Party may institute binding arbitration. After the meeting designated in the Response Notice, the Association and the Owners shall make available for further inspection and investigative testing all Common Elements and Units identified in the Dispute Notice. The Declarant shall pay all costs to restore any portions of the Common Elements and Units damaged by Declarant's inspection and/or testing to its condition prior to such inspections and testing and shall indemnify the Association for any damages arising from the inspection and/or testing. All inspections and testing shall be completed within one hundred fifty (150) days after deliver of the Response Notice, unless otherwise mutually agreed upon by the parties. • Within two hundred ten (210) days after deliver of the Response Notice, the Declarant may submit a written statement to the Association setting forth the Declarant's proposed settlement of the Construction Dispute (an "Offer") and stating whether the Declarant proposes to repair or replace the defects at issue, to pay the Initiating Party a cash sum in connection therewith, or a combination thereof, or to repurchase the Unit(s). If the Offer is accepted, the Declarant and its agents, employees and subcontractors shall be provided full access to the Project, including the Units, to take and complete the corrective action set forth in the Offer. If the Declarant does not deliver an 49 EXHIBIT "D" Offer within two hundred ten (210) days after delivery of the Response Notice or if the Offer is rejected, the Initiating Party may proceed to Binding Arbitration pursuant to Section 22.2(b). At any time after delivering the Response Notice the Declarant may terminate the tolling of the statute of limitations provided in this subsection (a) by delivery of thirty (30) days prior written notice thereof (the "Termination Notice") to the Initiating Party. Upon delivery of the Termination Notice, the Initiating Party shall be relieved of all further obligations to satisfy the conditions of this subsection (a) and may initiate Arbitration pursuant to Section 22.2(b). Notwithstanding the provisions of this Section 22.3, the tolling of any statute of limitations pursuant to this subsection (a) shall automatically cease two hundred forty (240) days following the delivery of the Response Notice. If the Initiating Party desires to assert another Dispute not set forth in any prior Dispute Notice delivered to the Declarant by the Initiating Party, the Initiating Party shall be required to satisfy all of the conditions and requirements of this Section 22.3 with respect thereto. (b) Limit on Recovery of Fees and Expenses in Construction Disputes. If any Construction Dispute proceeds to arbitration and the final award or decision (not including costs, expenses, attorneys' fees and/or interest which are incurred after the receipt of Declarant's Offer pursuant to this Section 22.3) is less favorable to the Initiating Party than the Offer, then the Initiating Party shall not be entitled to recover fees and expenses regardless of whether the Initiating Party is determined to be the prevailing party. Further, if the final award or decision or judgment (not including costs, expenses, attorneys' fees and/or interest which are incurred after Initiating Party's receipt of the Declarant's Offer) is less than or equal to the Offer, the Initiating Party shall be responsible for all of Declarant's costs and expenses (including reasonable attorneys' fees) incurred after Initiating Party's receipt of the Offer and the fees and costs shall be deducted by Declarant from any amounts otherwise due to Initiating Party. If Declarant's fees and expenses to be paid by Initiating Party exceed the amount otherwise due from the Initiating Party to Declarant, the Initiating Party shall pay the difference to Declarant within ten (10) days of Declarant's written demand. [Remainder of Page Intentionally Left Blank] EXHIBIT "D" Executed as of the nIday of actrnb,, 200s. STATE OF COLORADO COUNTY OF cu. The foregoing 1t,n LUNAR VAIL company By: Name: Title: a Colorado limited liability ss. instrument was acknowledged before me this .ZiQ day of 20d, by anam. c7. r71PJ , as of Lunar Vail, LLe, a Colorado limited liability company. Witness my hand and official seal. My Commission Expires: L3 P4f elua.e..JD NOTARY PUBLIC `%,r .RIS p , °'` • 1 E` =41 =� SZ _ AI ,a 'St �� ; 0 = ,,, COL, ORPZZ p `o�. EXHIBIT "D" MORTGAGEE'S CONSENT The undersigned hereby consents to the execution and recording of the foregoing Declaration and hereby subordinates the lien of its Deed of Trust, dated and recorded February 21, 2007 as Reception No. 200704529 in the records of Eagle County, Colorado, to this Declaration and the effect hereof. Dated this,tOday of Iv , 200 g. U.S. BANK, NATIONAL ASSOCIATION, a national banking association By: Lk1LC �s �V I�( Name:- c'(CL 4T f'etCn Title: - ‘t,tfx.:44bilniate VV16.vigyf STATE OF COLORADO ) ) ss. COUNTY OF \Q L: ) L - The foregoing Inst ent was acknowledged before me this ��day of NJo VE k 2 by ei-p • S- 15ri 13 asELA\�o rn-, U.S. Bank, National Association, a national banking association. Witness my hand and official seal. My Commission Expires: j 0I -L912©11 52 "+,.,,�F Off-„ f� r�M►ialby S EXHIBIT "D" Exhibit A To Declaration LEGAL DESCRIPTION LOT 1, A RESUBDIVISION OF A PART OF TRACT D, VAIL VILLAGE FIFTH FILING, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 26, 2006 UNDER RECEPTION NO. 200626169 IN THE CLERK AND RECORDERS OFFICE OF EAGLE COUNTY, COLORADO A-1 EXHIBIT "D" Exhibit B to Declaration TABLE OF ALLOCATED INTERESTS Relative Square Footage: Aggregate Residential Unit 44,104 Aggregate LCE -R 20,853 TOTAL RESIDENTIAL 64,957 Aggregate Commercial Unit 34,789 Aggregate LCE -C 1,713 TOTAL COMMERCIAL 36,502 [Continued on Next Page] EXHIBIT "D" w O 'RI0 O cts c0 O .0,- 0 0 N Q 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 V) fir) un V1 un tintf) V1 (( t!) tin 41 V1 Vl 141 47 Vl 41 Vl V) 141 41 Vr *n 0 0 t- t- t- N t- t- t- t- t- t- t- t- t- t- N N is ts is t-. is is is is VD VD VD VD VD VD VD VD VD VD VD VD VD VD VD VD VD VD VD VD VD VD VD VD N 00 VD VD VD VD VD VD VD VD VD VD VD VD VD VD VD VD VD VD VD \D VD VD VD VD O 01 N NNNNNNcsINNNNNNNNcsINNNNN NN 4 Vi '.D on • I- r r V1 .1- r1' O a1 VD m01 00 m V1 VD O O O VD is VD Cs. 41 0 0 m t, 0\ 0\ til 0.1 0\ vD V7 m ,-, m 01 VD VD m O V•) O oo t- .--+ Len ON N 00 vD ,.D t-; vn r un vn VD 'Ct 41 d- Vl 41 vD 0\ r, 00 00 CN O O 0\ CiNNNc`dNNN(Ni NNNrimcricn cri 4 vi VD m 1.1. 7t 1. V1 7t r O 0, VD m 0, 00 m vl VD O O O VD N VD 41 0 m t, 01 ch Vl N O1 lD V) m .-1 m 01 VD VD M O 41 O 00 (s ,, N G1 00 VD VD is VD VD t` 41 d' 41 41 VD '1- V1 d V1 N VD C' t- 00 00 O> O O ON N N N N N N N N N N N N m m ri M on 4 4 vl VD on O O 0 O O 0 O Ct VO m VO N 0 00 N m t` o o O t- N -• oo N 00 ON "0 - m CN 01 N 0N 0 N m�7r00000\'.0 000 O\ C\ '.0 C 00000 t - NN NO�v1 00.-+0 v1 0. - N •� -- N lD l n l 00'.0 Sr, ‘4D., N l N t �'.D VD VO VO VO t - 00 — 00 0\ N N Vl ....... 4 - -- N N c'�1 N N N ct O ch+ 1/4.6. - N VD m m .r ; b as N or d- WI VD .--� N m kr) 1 .--4 N or d ) '0 N m 41 VD A 4 "O O O O O O O O O O O O O O O O O O O O O O O O O a W —NNN NNc mmmmmm d d --tet 6a(, maa 44 bk EXHIBIT "D" 0 Exhibit C to Declaration EASEMENTS AND LICENSES OF RECORD 1. 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 JULY 11, 1899, IN BOOK 48 AT PAGE 475. 2. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 11, 1899, IN BOOK 48 AT PAGE 475. 3. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF VAIL VILLAGE FIFTH FILING RECORDED 11 12, 1966 AT RECEPTION NO. 102538. 4. 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 FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED NOVEMBER 15,1965, IN BOOK 187 AT PAGE 353, AMENDMENT RECORDED AUGUST 27,1984 IN BOOK 393 AT PAGE 492, AMENDMENT RECORDED JANUARY 15, 1987 1N BOOK 455 AT PAGE 933, AND AMENDMENT RECORDED AUGUST 2, 1989 IN BOOK 488 AT PAGE 378. 5. EASEMENTS, CONDITIONS, . COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF LOT 1, A RESUBDIVISION OF A PART OF TRACT D, VAIL VILLAGE FIFTH FILING RECORDED SEPTEMBER 26, 2006 UNDER RECEPTION NO. 200626169. 6. TERMS, CONDITIONS AND PROVISIONS OF HOLY CROSS ENERGY UNDERGROUND RIGHT-OF-WAY EASEMENT RECORDED DECEMBER 15, 2006 AT RECEPTION NO. 200634246. 7. RIGHT OF WAY EASEMENT AS GRANTED TO PUBLIC SERVICE COMPANY OF COLORADO IN INSTRUMENT RECORDED MAY 14, 2007, UNDER RECEPTION NO. 200712454. 8. AGREEMENT FOR ACCESS EASEMENT AND TERMINATION OF SERVICE AGREEMENT RECORDED PRIOR TO THIS DECLARATION. C-1 EXHIBIT "D" 9. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE CONDOMINIUM PLAT OF VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK, LOT 1, A RESUBDIVISION OF A PART OF TRACT D, VAIL VILLAGE FIFTH FILING, RECORDED SIMULTANEOUSLY WITH THIS DECLARATION. 10. THE PROVISIONS, COVENANTS, CONDITIONS AND RESTRICTIONS FOUND IN THIS DECLARATION. C-2 EXHIBIT "D" Exhibit D To Declaration LEGAL DESCRIPTION OF EXPANSION PROPERTY Certain Real Property: BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT D; THENCE NORTH 00 DEGREES 02 MINUTES 00 SECONDS WEST 325.19 FEET ALONG THE EASTERLY LINE OF SAID TRACT D TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY NO. 70; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 71 DEGREES 43 MINUTES 53 SECONDS WEST 125.32 FEET; THENCE SOUTH 01 DEGREES 28 MINUTES 07 SECONDS WEST 110.45 FEET; THENCE SOUTH 87 DEGREES 04 MINUTES 53 SECONDS WEST 35.53 FEET; THENCE SOUTH 02 DEGREES 55 MINUTES 07 SECONDS EAST 35.53 FEET; THENCE SOUTH 42 DEGREES 04 MINUTES 53 SECONDS WEST 133.46 FEET TO A POINT ON THE SOUTHWEST LINE OF TRACT D; THENCE ALONG THE SOUTHWESTERLY BOUNDARY LINE OF SAID TRACT D, SOUTH 47 DEGREES 55 MINUTES 07 SECONDS EAST 137.0 FEET; THENCE ALONG THE SOUTHERLY BOUNDARY LINE OF SAID TRACT D, SOUTH 79 DEGREES 46 MINUTES 00 SECONDS EAST 145.78 FEET TO THE POINT OF BEGINNING, Together With: ANY OTHER PROPERTY IN EAGLE COUNTY, COLORADO THAT IS WITHIN (IN WHOLE OR IN PART) A ONE MILE RADIUS OF THE PROJECT. EXHIBIT "D" EAGLE COUNTY, CO TEAK J SIMONTON Pgs: 4 09:49:59AM REC 521.00 DOC: $ NII MIII 111111 1 1 11 1 201005416 03/23/2010 11 in 1 1 11 FIRST AMENDMENT TO CONDOMINIUM DECLARATION FOR THE VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK This First Amendment to Condominium Declaration for the Vail Mountain View Residences on Gore Creek ("Amendment") is made this /S day of 77/ae 'hF , 2010 by Lunar Vail, LLC, a Colorado limited liability company ("Declarant"). Declarant, in its capacity as the Declarant under that certain Condominium Declaration for the Vail Mountain View Residences on Gore Creek, as recorded in the official records of Eagle County, Colorado, on December 5, 2008, at Reception No. 200825629 (the "Declaration"), has elected to exercise certain of the Reserved Declarant's Rights pursuant to the Declaration, and this Amendment is being recorded to provide notice of such exercise and of the corresponding reallocation of the Allocated Interests pursuant to the Declaration. Capitalized terms used but undefined in this Amendment have the meanings given them in the Declaration. In particular, Declarant has elected to, and by this Amendment Declarant hereby does, combine Residential Units 101 and 102 into a single Residential Unit pursuant to Declarant's rights contained in Section 15.2 of the Declaration, and incorporates certain adjoining Common Elements into such newly created single Residential Unit, which shall hereafter been referred to as Residential Unit 101, all in accordance with the Declaration and all as shown on the Amendment to the Map being recorded simultaneously with this Amendment. As a result, Unit 102 no longer exists and the elevator adjoining Unit 101 (as modified hereby) will now be accessible solely to and from Unit 101 on and at Level 1 of the Project as shown on the Amendment to the Map, and the Owner of Unit 101 shall have the right to cause such alterations to said elevator as are necessary and appropriate to secure access to Unit 101 from the elevator. This exercise by Declarant of Development Rights also results in a reallocation of the Allocated Interests, based on the formula set forth Section 4.2 of the Declaration, and Exhibit B to the Declaration is therefore hereby replaced with the updated exhibit attached hereto as Schedule I. which amends and restates the former Exhibit B to the Declaration in its entirety. In the event of any conflict or inconsistency between the provisions of the Declaration and this Amendment. the provisions of this Amendment shall control. A reference to the Declaration or Map in any document or instrument shall be deemed to include this Amendment and the Amendment to the Map being recorded simultaneously herewith without any further or specific reference thereto. BUS RE0049318 2 201005416 1 of 4 [Signature Page Follows] EXHIBIT "D.1" STATE OF COLORADO COUNTY OF G a LUNAR VAIL. LLC, a Colorado limited liability company) �7 Ny;_.- �o n/ C3V ;:�,. Tifl"e:� rnlh✓L A2 /Vie/4 2L & 1/4---/I,OT:`�FIle`�, la ..--,-.1,0,c. 0-- )moo n SS. Lac o The foregoing instrument was= _acknowledged before me this 15 day of marc, 2010, by g on ai isy(r1e as MG I'1CI,(_ r of Lunar Vail. LLC. a Colorado limited liability company. Witness my hand and official seal. My Commission Expires: /c -IX /1 1 BUS RE\30=49318 2 201005416 2 of 4 NOTAR PUBLIC EXHIBIT "D.1" Schedule 1 Amended and Restated Exhibit B to Condominium Declaration TABLE OF ALLOCATED INTERESTS Relative Square Footage: Aggregate Residential Unit 44,204 Aggregate LCE -R 20,787 TOTAL RESIDENTIAL 64;991 Aggregate Commercial Unit 34,789 Aggregate LCE -C 1,679 TOTAL COMMERCIAL 36,468 DMWEST #7520584 v2 BUS_RE\3049318 2 201005416 3 of 4 EXHIBIT "D.1" Schedule 1 Continued 201005416 4 of 4 c c c c c o 0 0 0 o c c o c o 0 0 0 0 o c c c vl 00 00 00 00 v1 00 00 v) 00 00 0 00 0 00 00 0 00 00 00 00 0 00 00 00 00 00 00 x x oc 00 oa 00 0o ao 00 00 00 00 00 OC 00 r- 00 00 ✓ r r r r r r r r r r r r r r r r r r r r r r N N N fel N rel f'V N N N N r 1 N N c 1 N N N N N N N N t' C O O O O O O O C O C C O C O O O O O O O O Vi = O O C O O f O O O O O O O O O O C g G O O O O • 0 r--NNCD unNxvnehc—N vnvoec-0000 mr cr D` o N' v) v) M co M D\ v) VD M C 00 r r-- v) 00 R X m vD V r- v1 V vn vn mr un mr vn u vr 00 r- 00 oC cr C N N N N N M M M M M 9) L Qi Common Lc] _ 0 0 U r e e o e e e e e e e e e e c e e o o e e e o 0 Cs — — N Cl O VD v1 N 00 v) C — N v. VD � C` C O 00 R 0, C v) N v'� M C r7 D` v; VD M 0, 7 Cr r- r— vn 00 T C` vD `? !` v; mr to v1 s.D et kin et to un vn d 00 N 00 00 c C M--- -- ('�1 C1 N N N N N N N N N fJ M M M M M mi o e VD et vn CD c 0 0 v; Vr M 0 0 O vn mr O 0' 0 0 lD M p c.or000rvzrr r000rrr— ooroo —a o -- r- CSG, o�o� vy L M Vr 00 00 0, Vr et C 00 C 0, L7 eh D` 00 00 C r N N N N rl O� r r� M N -- r Vr. l n r 00 V t` Vr r r r �U �:. � V' w r 00 •11 VD N N N N (4 N N M M C 0 • = Q � 0 = Z v OBJ = 0 R aA — M ct vs vD — N M C V) Vr• — N M et vs Vr — N M Tr un V v V E Q C o o o C o o o C C C o o o C C O C o 0 0 0 0 ■1 L N N Cl N N N M M en M M M V V ▪ V R�— v c V 0 04 71 E a F 0 0 own F U F EXHIBIT "D.1" I3US R[\30493182 11 EAGLE COUNTY. CO TEAK J S MONTON Pgs= 3 1228:04PM RECr $21.00 DOC. 4 1101 111 lll ll 10111 I 201206574 04/05/2012 1 ll mA SECOND AMENDMENT TO CONDOMINIUM DECLARATION FOR THE VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK N N This Second Amendment to Condominium Declaration for the Vail Mountain View Residences on Gore Creek ("Amendment") is made this .3 day of Apr; L , 2012 by Lunar Vail, LLC, a Colorado limited liability company ("Declarant"). Declarant, in its capacity as the Declarant under that certain Condominium Declaration for the Vail Mountain View Residences on Gore Creek, as recorded in the official records of Eagle County, Colorado, on December 5, 2008, at Reception No. 200825629, as amended by that certain First Amendment to Condominium Declaration recorded in the records of Eagle County, Colorado at Reception No. 20105415 (the "Declaration"), has elected to exercise certain of the Reserved Declarant's Rights pursuant to the Declaration, and this Amendment is being recorded to provide notice of such exercise and of the corresponding reallocation of the Allocated Interests pursuant to the Declaration and to comply with the provisions of Article 15 of the Declaration. Declarant is also the sole Owner of the Commercial Unit Capitalized terms used but undefined in this Amendment have the meanings given them in the Declaration. In particular, Declarant has elected to, and by this Amendment Declarant hereby does, create seven new Units from within the Unit previously designated as the Commercial Unit, such that there are now eight separate Commercial Units as defined in the Declaration, all as shown on the Second Amendment to the Condominium Plat of Vail Mountain View Residences on Gore Creek being recorded in the records of Eagle County, Colorado contemporaneously with this Amendment. Such Units are referred to on the Map as, and shall herinafter be known as, Units C-0, C-1, C-2, C-3, C-4, C-5, C-6, and C-7. This exercise by Declarant of Development Rights results in a reallocation of the Allocated Interests allocable to the Commercial Units among the Commercial Units, based on the formula set forth Section 4.2 of the Declaration, and Exhibit B to the Declaration is therefore hereby replaced with the updated exhibit attached hereto as Schedule I, which amends and restates the former Exhibit B to the Declaration in its entirety. In the event of any conflict or inconsistency between the provisions of the Declaration and this Amendment, the provisions of this Amendment shall control. A reference to the Declaration or Map in any document or instrument shall be deemed to include this Amendment and the Amendment to the Map being recorded simultaneously herewith without any further or specific reference thereto. [Signature Page Follows] DM W EST 48904243 v 1 EXHIBIT "D.2" 201206574 1 OF 3 LUNAR VAIL, L ., . olorado limited liability company By: Name( Ronala3 Title: Vh a n STATE OF COLORADO ) ) ss. COUNTY OF E a3 1e, ) The foregoing instrument was a knowledged before me this 3 rt day of /r pr i I , 201 1, by C anal 4 J. L-inas m a na J e r of Lunar Vail, LLC, a Colorado limited liability company. Witness pay,1 an"d and official seal. ). ,.pUDL1O:f• • My Commission Expires: .5) .,?C) 15 DMWEST #8904243 vl 201206574 2 OF 3 NOTARY PUBLIC EXHIBIT "D.2" Schedule 1 Amended and Restated Exhibit B to Condominium Declaration TABLE OF ALLOCATED INTERESTS Residential Approximate Percentage share of Unit No. Square Footage Common Elements 101 2,379 3.447% 103 1,236 1.791% 104 1,167 1.691% 105 1,140 1.652% 106 1,188 1.722% 201 1,787 2.590% 202 1,695 2.456% 203 1,763 2.555% 204 1,747 2.532% 205 1,800 2.608% 206 1,680 2.435% 301 1,790 2.594% 302 1,697 2.459% 303 1,767 2.561% 304 1,747 2.532% 305 1,791 2.595% 306 1,688 2.446% 401 2,687 3.894% 402 2,608 3.779% 403 2,671 3.871% 404 2,629 3.810% 405 2,726 3.950% 406 2,821 4.088% Aggregate 44,204 Residential LCE -R 20.787 Total Residential 64,991 64.056% Commerical Unit No. C - 0 33,451 34.561% C - 1 163 0.168% C-2 169 0.174% C-3 167 0.173% C - 4 162 0.167% C-5 167 0.173% C - 6 273 0.282% C - 7 238 0.246% Aggregate 34,789 Commercial LCE -C 1679 Total Commercial 36,468 35.944% TOTAL: 101,459 100% 201206574 3 OF 3 Percentage share of Vote in the affairs of Common Expense Liability Association 3.447% 1.791% 1.691% 1.652% 1.722% 2.590% 2.456% 2.555% 2.532% 2.608% 2.435% 2.594% 2.459% 2.561% 2.532% 2.595% 2.446% 3.894% 3.779% 3.871% 3.810% 3.950% 4.088% 2.785% 2.785% 2.785% 2.785% 2.785% 2.785% 2.785% 2.785% 2.785% 2.785% 2.785% 2.785% 2.785% 2.785% 2.785% 2.785% 2.785% 2.785% 2.785% 2.785% 2.785% 2.785% 2.785% 64.056% 64.056% 34.561% 0.168% 0.174% 0.173% 0.167% 0.173% 0.282% 0.246% 34.561% 0.168% 0.174% 0.173% 0.167% 0.173% 0.282% 0.246% 35.944% 35.944% 100% 100% EXHIBIT "D.2" Eagle County, CO 201503702 Teak J Simonton 03/04/2015 Pgs: 3 08:50:58 AM REC: $21.00 DOC: $0.00 THIRD AMENDMENT TO CONDOMINIUM DECLARATION FOR THE VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK This Third Amendment to Condominium Declaration for the Vail Mountain View Residences on Gore Creek ("Amendment") is made this 11 day of Fe brcca,•y , 2015 by Lunar Vail, LLC, a Colorado limited liability company ("Declarant"). I Declarant, in its capacity as the Declarant under that certain Condominium Declaration for the Vail Mountain View Residences on Gore Creek, as recorded in the official records of Eagle County, Colorado, on December 5, 2008, at Reception No. 200825629, as amended by that certain First Amendment to Condominium Declaration rorded in the records of Eagle County, Colorado at Reception No. 20105415, as amended by that certain Second Amendment to Condominium Declaration recorded in the records of Eagle County, Colorado at Reception No. 201206574 (the "Declaration"), has elected to exercise certain of the Reserved Declarant's Rights pursuant to the Declaration, and this Amendment is being recorded to provide notice of such exercise and of the corresponding reallocation of the Allocated Interests pursuant to the Declaration and to comply with the provisions of Article 15 of the Declaration. Capitalized terms used but undefined in the Amendment have the meanings given them in the Declaration. In particular, Declarant has elected to, and by this Amendment Declarant hereby does, create four new Units from within the Unit previously designated as Commercial Unit C-0, such that there are now twelve separate Commercial Units as defined in the Declaration, all as shown on the Third Amendment to the Condominium Plat of Vail Mountain View Residences on Gore Creek being recorded in the records of Eagle County, Colorado contemporaneously with this Amendment. Such Units are referred to on the Map as, and shall hereinafter be known as, Units C-0, C-1, C-2, C-3, C-4, C-5, C-6, C-7, C-8, C-9, C-10 and C-11. This exercise by Declarant of Development Rights results in a reallocation of the Allocated Interests allocable to the Commercial Units among the Commercial Units, based on the formula set forth Section 4.2 of the Declaration, and Exhibit B to the Declaration is therefore hereby replaced with the updated exhibit attached hereto as Schedule 1, which amends and restates the former Exhibit B to the Declaration in its entirety. In the event of any conflict or inconsistency between the provisions of the Declaration and this Amendment, the provisions of this Amendment shall control. A reference to the Declaration or Map in any document or instrument shall be deemed to include this Amendment and the Amendment to the Map being recorded simultaneously herewith without any further or specific reference thereto. [Signature Page Follows] EXHIBIT "D.3" STATE OF COLORADO ) COUNTY OF EAGLE ) LUNAR VAIL, LLC, a orado limited liability company By Nfne: Ronald itle: Manag TERESA E. THOMAS NOTARY PUBLIC STATE OF COLORADO SS. NOTARY ID # 20034010616 MY COMMISSION EXPIRES MAY 09, 2015 Subscribed to and sworn to before me this I t day of FEV, tJu r4 2015, by Ronald J. Byrne, as Manager of Lunar Vail, LLC, a Colorado limited liability compan . Witness my hand and official seal. My Commission expires: S J � a�� 1 NOTARY PUBLIC Schedule 1 Amended and Restated Exhibit B to Condominium Declaration TABLE OF ALLOCATED INTERESTS Residential Approximate Percentage share of Percentage share of Vote in the affairs of Unit Number Square Footage Common Elements Common Expense Liability Association 101 2,379 3.447% 3.447% 103 1,236 1.791% 1.791% 104 1,167 1.691% 1.691% 105 1,140 1.652% 1.652% 106 1,188 1.722% 1.722% 201 1,787 2.590% 2.590% 202 1,695 2.456% 2.456% 203 1,763 2.555% 2.555% 204 1,747 2.532% 2.532% 205 1,800 2.608% 2.608% 206 1,680 2.435% 2.435% 301 1,790 2.594% 2.594% 302 1,697 2.459% 2.459% 303 1,767 2.561% 2.561% 304 1,747 2.532% 2.532% 305 1,791 2.595% 2.595% 306 1,688 2.446% 2.446% 401 2,687 3.894% 3.894% 402 2,608 3.779% 3.779% 403 2,671 3.871% 3.871% 404 2,629 3.810% 3.810% 405 2,726 3.950% 3.950% 406 2,821 4.088% 4.088% Aggregate Residential LCE -R Total Residential 44,204 20,787 64,991 64.056% 2.785% 2.785% 2.785% 2.785% 2.785% 2.785% 2.785% 2.785% 2.785% 2.785% 2.785% 2.785% 2.785% 2.785% 2.785% 2.785% 2.785% 2.785% 2.785% 2.785% 2.785% 2.785% 2.785% 64.056% 64.056% Commercial Unit Number C-0 32,802 33.891% 33.891% 33.891% C-1 163 0.168% 0.168% 0.168% C-2 169 0.175% 0.175% 0.175% C-3 167 0.173% 0.173% 0.173% C-4 162 0.167% 0.167% 0.167% C-5 167 0.173% 0.173% 0.173% C-6 273 0.282% 0.282% 0.282% C-7 238 0.246% 0.246% 0.246% C-8 146 0.151% 0.151% 0.151% C-9 188 0.194% 0.194% 0.194% C-10 157 0.162% 0.162% 0.162% C-11 157 0.162% 0.162% 0.162% Aggregate 34,789 Commercial LCE -C 1,679 Total Commercial 36,468 35.944% 35.944% 35.944% Total: 201503702 101,459 100% 100% 100% EXHIBIT "D.3" Eagle County, CO 201703496 Regina O'Brien 03/01/2017 Pgs: 3 08:56:49 AM REC: $23.00 DOC: $0.00 FOURTH AMENDMENT TO CONDOMINIUM DECLARATION FOR THE VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK This Fourth Amendment to Condominium Declaration for the Vail Mountain View Residences on Gore Creek ("Amendment") is made this a„ day of e %r , , , 2017 by Lunar Vail, LLC, a Colorado limited liability company ("Declarant"). Declarant, in its capacity as the Declarant under that certain Condominium Declaration for the Vail Mountain View Residences on Gore Creek, as recorded in the official records of Eagle County, Colorado, on December 5, 2008, at Reception No. 200825629, as amended by that certain First Amendment to Condominium Declaration recorded in the records of Eagle County, Colorado at Reception No. 20105416, as amended by that certain Second Amendment to Condominium Declaration recorded in the records of Eagle County, Colorado at Reception No. 201206574, as amended by that certain Third Amendment to Condominium Declaration recorded in the records of Eagle County, Colorado at Reception No. 201503702 (the "Declaration"), has elected to exercise certain of the Reserved Declarant's Rights pursuant to the Declaration, and this Amendment is being recorded to provide notice of such exercise and of the corresponding reallocation of the Allocated Interests pursuant to the Declaration and to comply with the provisions of Article 15 of the Declaration. Capitalized terms used but undefined in the Amendment have the meanings given them in the Declaration. In particular, Declarant has elected to, and by this Amendment Declarant hereby does, create one new Units from within the Unit previously designated as Commercial Unit C-0, such that there are now thirteen separate Commercial Units as defined in the Declaration, all as shown on the Fourth Amendment to the Condominium Plat of Vail Mountain View Residences on Gore Creek being recorded in the records of Eagle County, Colorado contemporaneously with this Amendment. Such Units are referred to on the Map as, and shall hereinafter be known as, Units C-0, C-1, C-2, C-3, C-4, C-5, C-6, C-7, C-8, C-9, C-10, C-11 and C-12. This exercise by Declarant of Development Rights results in a reallocation of the Allocated Interests allocable to the Commercial Units among the Commercial Units, based on the formula set forth Section 4.2 of the Declaration, and Exhibit B to the Declaration is 'therefore hereby replaced with the updated exhibit attached hereto as Schedule 1, which amends and restates the former Exhibit B to the Declaration in its entirety. In the event of any conflict or inconsistency between the provisions of the Declaration and this Amendment, the provisions of this Amendment shall control. A reference to the Declaration or Map in any document or instrument shall be deemed to include this Amendment and the Amendment to the Map being recorded simultaneously herewith without any further or specific reference thereto. [Signature Page Follows] EXHIBIT "D.4" 201703496 STATE OF COLORADO SS. COUNTY OF EAGLE ) LUNAR VAI company By: orado limited liability e: Ronal Title: Manager TERESA E. THOMAS NOTARY PUBLIC STATE OF COLORADO NOTARY 1D # 20034010616 MY COMMISSION EXPIRES MAY 09 2019 Subscribed to and sworn to before me this 0?01 day of -re b(jo, r , 2017, by Ronald J. Byrne, as Manager of Lunar Vail, LLC, a Colorado limited liability comp ny. Witness my hand and official seal. My Commission expires: J I / 0) NOTARY PUBLIC EXHIBIT "D.4" Schedule 1 Amended and Restated Exhibit B to Condominium Declaration TABLE OF ALLOCATED INTERESTS Residential Approximate Percentage share of Percentage share of Vote in the affairs of Unit Number Square Footage Common Elements Common Expense Liability Association 101 2,379 3.447% 3.447% 2.785% 103 1,236 1.791% 1.791% 2.785% 104 1,167 1.691% 1.691% 2.785% 105 1,140 1.652% 1.652% 2.785% 106 1,188 1.722% 1.722% 2.785% 201 1,787 2.590% 2.590% 2.785% 202 1,695 2.456% 2.456% 2.785% 203 1,763 2.555% 2.555% 2.785% 204 1,747 2.532% 2.532% 2.785% 205 1,800 2.608% 2.608% 2.785% 206 1,680 2.435% 2.435% 2.785% 301 1,790 2.594% 2.594% 2.785% 302 1,697 2.459% 2.459% 2.785% 303 1,767 2.561% 2.561% 2.785% 304 1,747 2.532% 2.532% 2.785% 305 1,791 2.595% 2.595% 2.785% 306 1,688 2.446% 2.446% 2.785% 401 2,687 3.894% 3.894% 2.785% 402 2,608 3.779% 3.779% 2.785% 403 2,671 3.871% 3.871% 2.785% 404 2,629 3.810% 3.810% 2.785% 405 2,726 3.950% 3.950% 2.785% 406 2,821 4.088% 4.088% 2.785% Aggregate 44,204 Residential LCE -R 20,787 Total Residential 64,991 64.056% 64.056% 64.056% Commercial Unit Number C-0 32,616 33.698% 33.698% 33.698% C-1 163 0.168% 0.168% 0.168% C-2 169 0.175% 0.175% 0.175% C-3 167 0.173% 0.173% 0.173% C-4 162 0.167% 0.167% 0.167% C-5 167 0.173% 0.173% 0.173% C-6 273 0.282% 0.282% 0.282% C-7 238 0.246% 0.246% 0.246% C-8 146 0.151% 0.151% 0.151% C-9 188 0.194% 0.194% 0.194% C-10 162 0.167% 0.167% 0.167% C-11 170 0.176% 0.176% 0.176% C-12 168 0.174% 0.174% 0.174% Aggregate 34,789 Commercial LCE -C 1,679 Total Commercial 36,468 35.944% 35.944% 35.944% Total: 201703496 101,459 100% 100% 100% EXHIBIT "D.4" Document must be filed electronically. Paper documents will not be accepted. Document processing fee Fees & forms/cover sheets are subject to change. To access other information or print copies of filed documents, visit www.sos.state.co.us and select Business Center. -F11d Colorado Secretary of State Date and Time: 11/04/2008 08:50 AM ID Number: 20081584007 $50.00 Document number: 20081584007 Amount Paid: $50.00 ABOVE SPACE FOR OFFICE USE ONLY Articles of Incorporation for a Nonprofit Corporation filed pursuant to § 7-122-101 and § 7-122-102 of the Colorado Revised Statutes (C.R.S.) 1. The domestic entity name for the nonprofit corporation is Vail Mountain View Residences on Gore Creek Owners' Association, Inc. (Caution: The use of certain terms or abbreviations are restricted by law. Read instructions for more information.) 2. The principal office address of the nonprofit corporation's initial principal office is Street address Mailing address (leave blank if same as street address) 285 Bridge Street (Street number and name) Vail CO 81657 (City) (Province — if applicable) Uni (,Sted' tateStates (ZIP/Postal Code) (Country) (Street number and name or Post Office Box information) (City) (State) (ZIP/Postal Code) (Province — if applicable) (Country) 3. The registered agent name and registered agent address of the nonprofit corporation's initial registered agent are Name (if an individual) OR (if an entity) Byrne Ron (Last) (First) (Middle) (Suffix) (Caution: Do not provide both an individual and an entity name.) Street address 285 Bridge Street ARTINC_NPC (Street number and name) Vail Co 81657 (City) (State) (ZIP Code) Page 1 of 3 Rev. 02/28/2008 EXHIBIT "E" Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) (City) CO (State) (The following statement is adopted by marking the box.) ❑✓ The person appointed as registered agent above has consented to being so appointed. 4. The true name and mailing address of the incorporator are Name (if an individual) OR (if an entity) Byrne Ron (ZIP Code) (Last) (First) (Middle) (Suffix) (Caution: Do not provide both an individual and an entity name.) Mailing address 285 Bridge Street (Street number and name or Post Office Box information) Vail CO 81657 (City) Ungd)States • (ZIP/Postal Code) (Province - if applicable) (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment.) ❑ The corporation has one or more additional incorporators and the name and mailing address of each additional incorporator are stated in an attachment. 5. (If the following statement applies, adopt the statement by marking the box.) ✓❑ The nonprofit corporation will have voting members. 6. (The following statement is adopted by marking the box.) Q Provisions regarding the distribution of assets on dissolution are included in an attachment. 7. (If the following statement applies, adopt the statement by marking the box and include an attachment) ❑ This document contains additional information as provided by law. 8. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has significant legal consequences. Read instructions before entering a date.) (If the following statement applies, adopt the statement by entering a date and, if applicable, time using the required format.) The delayed effective date and, if applicable, time of this document is/are (mm/dd/yyyy hour: minute am/pm) Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. ARTINC_NPC Page 2 of 3 Rev. 02/28/2008 EXHIBIT "E" This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named in the document as one who has caused it to be delivered. 9. The true name and mailing address of the individual causing the document to be delivered for filing are Allen Gwendolyn C. (Last) (First) (Middle) (Suffix)Ballard Spahr Andrews & Ingersoll (Street number and name or Post Office Box information) 1225 17th St., Suite 2300 Denver CO 80202 (City) (State) (ZIP/Postal Code) United States • (Province — if applicable) (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment.) 0 This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclaimer: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's legal, business or tax advisor(s). ARTINC_NPC Page 3 of 3 Rev. 02/28/2008 EXHIBIT "E" Click the following links to view attachments Attachment 1 VMVK Supplement to Articles of Incorporation EXHIBIT "E" ADDENDUM TO ARTICLES OF INCORPORATION VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK OWNERS' ASSOCIATION, INC. This Addendum to Articles of Incorporation is attached to and made a part of the Articles of Incorporation for a Nonprofit Corporation filed with the Colorado Secretary of State for Vail Mountain View Residences on Gore Creek Owners' Association, Inc., a Colorado nonprofit corporation (the "Association"). A. PURPOSES OF THE ASSOCIATION The Association does not contemplate pecuniary gain or profit of the members thereof. The primary purposes for which the Association is formed are (a) to provide for the operation, administration, use, and maintenance of certain common elements and other property more fully described under the Condominium Declaration for The Vail Mountain View Residences on Gore Creek, to be recorded in the office of the Clerk and Recorder of Eagle, Colorado, as amended or supplemented from time to time (the "Declaration"); (b) to preserve, protect, and enhance the values and amenities of such property; and (c) to promote the health, safety, and welfare of members of the Association. B. POWERS In furtherance of the purposes stated above, the Association shall have and may exercise all of the rights, powers, privileges, and immunities now or subsequently conferred upon nonprofit corporations organized under the laws of the State of Colorado, or granted under the Declaration. C. LIMITATION OF LIABILITY No member of the Board of Directors of the Association shall have any liability to the Association or to its members for monetary damages for breach of fiduciary duty as a manager, officer, or director, except to the extent such exemption from liability is not permitted under the Colorado Nonprofit Corporation Act or the Colorado Common Interest Ownership Act. Any repeal or modification of the foregoing sentence shall not adversely affect any right or protection of a member of the Board of Directors in respect of any act or omission occurring prior to such repeal or modification. No member of the Board of Directors, or officer of the Association shall be personally liable for any injury to Person(s) or property arising out of a tort committed by an employee except to the extent such exemption from liability is not permitted under the Colorado Nonprofit Corporation Act. D. BYLAWS The Board of Directors shall have the power to adopt and amend the Bylaws of the Association as it may deem proper for the management of the affairs of the Association. The Bylaws shall not be inconsistent with the Articles of Incorporation. EXHIBIT "E" E. DISTRIBUTION OF ASSETS UPON DISSOLUTION Upon dissolution, the assets of the Association will be distributed to is members in accordance with § 38-33.3-218 of the Colorado Common Interest Ownership Act. 2 EXHIBIT "E" ADDENDUM TO ARTICLES OF INCORPORATION VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK OWNERS' ASSOCIATION, INC. This Addendum to Articles of Incorporation is attached to and made a part of the Articles of Incorporation for a Nonprofit Corporation filed with the Colorado Secretary of State for Vail Mountain View Residences on Gore Creek Owners' Association, Inc., a Colorado nonprofit corporation (the "Association"). A. PURPOSES OF THE ASSOCIATION The Association does not contemplate pecuniary gain or profit of the members thereof. The primary purposes for which the Association is formed are (a) to provide for the operation, administration, use, and maintenance of certain common elements and other property more fully described under the Condominium Declaration for The Vail Mountain View Residences on Gore Creek, to be recorded in the office of the Clerk and Recorder of Eagle, Colorado, as amended or supplemented from time to time (the "Declaration"); (b) to preserve, protect, and enhance the values and amenities of such property; and (c) to promote the health, safety, and welfare of members of the Association. B. POWERS In furtherance of the purposes stated above, the Association shall have and may exercise all of the rights, powers, privileges, and immunities now or subsequently conferred upon nonprofit corporations organized under the laws of the State of Colorado, or granted under the Declaration. C. LIMITATION OF LIABILITY No member of the Board of Directors of the Association shall have any liability to the Association or to its members for monetary damages for breach of fiduciary duty as a manager, officer, or director, except to the extent such exemption from liability is not permitted under the Colorado Nonprofit Corporation Act or the Colorado Common Interest Ownership Act. Any repeal or modification of the foregoing sentence shall not adversely affect any right or protection of a member of the Board of Directors in respect of any act or omission occurring prior to such repeal or modification. No member of the Board of Directors, or officer of the Association shall be personally liable for any injury to Person(s) or property arising out of a tort committed by an employee except to the extent such exemption from liability is not permitted under the Colorado Nonprofit Corporation Act. D. BYLAWS The Board of Directors shall have the power to adopt and amend the Bylaws of the Association as it may deem proper for the management of the affairs of the Association. The Bylaws shall not be inconsistent with the Articles of Incorporation. EXHIBIT "E.1" E. DISTRIBUTION OF ASSETS UPON DISSOLUTION Upon dissolution, the assets of the Association will be distributed to is members in accordance with § 38-33.3-218 of the Colorado Common Interest Ownership Act. 2 EXHIBIT "E.1" BYLAWS OF Vail Mountain View Residences on Gore Creek Owners' Association, Inc., a Colorado nonprofit corporation EXHIBIT "F" Table of Contents Page ARTICLE 1. PURPOSES, ASSENT OF OWNERS, AND DEFINITIONS 1 Section 1.1 Purposes. 1 Section 1.2 Assent 1 Section 1.3 Definitions. 1 ARTICLE 2. MEMBERSHIP 1 Section 2.1 Section 2.2 Section 2.3 Section 2.4 Section 2.5 Membership. 1 Responsibilities of Owners. 1 Membership Certificates. 2 Voting Rights. 2 Designated Person and Registered Address 2 ARTICLE 3. MEETINGS OF OWNERS 3 Section 3.1 Section 3.2 Section 3.3 Section 3.4 Section 3.5 Section 3.6 Section 3.7 Section 3.8 Section 3.9 Section 3.10 Section 3.11 Section 3.12 Section 3.13 Section 3.14 Place of Meeting. 3 Annual Meeting. 3 Special Meetings. 3 Notice of Meetings 3 Meeting to Approve Annual Budget 4 Adjourned Meetings. 4 Proxies. 4 Multiple Owners -Proxy. 4 Quorum. 4 Voting. 4 Waiver of Meeting and Consent to Action. 5 Action by Written Ballot 5 Representation of Mortgagees 6 Meetings of Owners 6 ARTICLE 4. BOARD OF DIRECTORS 6 Section 4.1 Section 4.2 Section 4.3 Section 4.4 Section 4.5 Section 4.6 Section 4.7 Section 4.8 Section 4.9 Section 4.10 Section 4.11 Section 4.12 Section 4.13 Number and Qualification 6 Required Election of Owners 6 Declarant Control of the Association 7 Election and Term of Office. 7 Removal of Members of the Board of Directors. 7 Vacancies. 8 Quorum of the Board of Directors. 8 Place and Notice of the Board of Directors Meetings. 8 Powers and Duties. 9 Managing Agent. 9 Compensation of the Members of the Board of Directors 9 Board of Directors Meetings 10 Executive Sessions 10 i EXHIBIT "F" Section 4.14 Conflict of Interest. 10 ARTICLE 5. OFFICERS AND THEIR DUTIES Section 5.1 Section 5.2 Section 5.3 Section 5.4 Section 5.5 Section 5.6 Section 5.7 Section 5.8 Section 5.9 11 Enumeration of Officers. 11 Election of Officers 11 Term. 11 Special Appointments. 11 Resignation and Removal. 11 Vacancies. 11 Multiple Offices. 11 Duties. 11 Execution of Instruments. 12 ARTICLE 6. INDEMNIFICATION OF MEMBERS OF THE BOARD OF DIRECTORS AND OFFICERS 12 Section 6.1 Actions Other than by or in the Right of the Association 12 Section 6.2 Actions by or in the Right of the Association 13 Section 6.3 Successful on the Merits. 13 Section 6.4 Determination Required 13 Section 6.5 Payment in Advance of Final Disposition. 14 Section 6.6 No Limitation of Rights. 14 Section 6.7 Directors and Officers Insurance. 14 ARTICLE 7. AMENDMENTS 14 Section 7.1 Amendments. 14 Section 7.2 Compliance with the Act. 15 Section 7.3 Conflict Between Documents. 15 ARTICLE 8. COMMITTEES 15 ARTICLE 9. INFORMATION, BOOKS AND RECORDS Section 9.1 Statement of Unpaid Assessments. Section 9.2 Owner Education. Section 9.3 Turnover of Declarant Control - Deliveries from Declarant to Association 15 Section 9.4 Audits 16 Section 9.5 Examination. 17 Section 9.6 Records. 17 Section 9.7 Roster. 18 Section 9.8 Disclosure of Information To Owners by Association. 18 15 15 15 ii EXHIBIT "F" ARTICLE 10. CORPORATE SEAL 19 ARTICLE 11. FISCAL YEAR 20 ARTICLE 12. RULES AND REGULATIONS 20 ARTICLE 13. MEMBERSHIP RIGHTS AND PRIVILEGES 20 Section 13.1 Rights and Privileges of Members. 20 Section 13.2 Suspension of Rights. 20 ARTICLE 14. INTERPRETATION 21 iii EXHIBIT "F" BYLAWS OF VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK OWNERS' ASSOCIATION, INC. The name of the corporation shall be Vail Mountain View Residences on Gore Creek Owners' Association, Inc., a Colorado nonprofit corporation (the "Association"). ARTICLE 1. PURPOSES, ASSENT OF OWNERS, AND DEFINITIONS Section 1.1 Purposes. The Association is formed pursuant to the Colorado Revised Nonprofit Corporation Act, Colo. Rev. Stat. § 7-121-101 et seq. (the "Nonprofit Act") and the Colorado Common Interest Ownership Act, Colo. Rev. Stat. § 38-33.3-101 et seq. (the "Act"), as each may be amended from time to time. The primary purposes for which the Association is formed are (a) to provide for the operation, administration, use, and maintenance of certain common areas and other property more fully described in the Condominium Declaration for Vail Mountain View Residences on Gore Creek, recorded in the office of the Clerk and Recorder of Eagle County, Colorado, as amended or supplemented from time to time (the "Declaration"); (b) to preserve, protect, and enhance the values and amenities of such property; and (c) to promote the health, safety, and welfare of members of the Association. Section 1.2 Assent. All present or future Owners, Occupants, or any other Persons using the facilities of the Project in any manner are subject to these Bylaws and any Rules and Regulations adopted by the Board of Directors pursuant to these Bylaws. Acquisition or rental of any Unit in the Project, or the mere act of occupancy of any Unit, shall constitute an acceptance and ratification of these Bylaws and an agreement to comply with said Rules and Regulations. Section 1.3 Definitions. Unless otherwise specified, capitalized terms used in these Bylaws shall have the same meanings in these Bylaws as such terms have in the Declaration. ARTICLE 2. MEMBERSHIP Section 2.1 Membership. Ownership of a Unit is required in order to qualify for membership in the Association. There shall be Classes of membership in the Association for certain voting purposes as defined and described in the Declaration. Section 2.2 Responsibilities of Owners. Each membership is appurtenant to the fee simple title to a Unit. Any Person, including Declarant, upon becoming an Owner, shall automatically become a member of the Association and be subject to these Bylaws. Membership shall terminate without any formal Association action whenever such Person ceases to own a Unit, but such termination shall not relieve or release any former Owner from any liability or obligation incurred under these Bylaws, or in any way connected with the Association arising during the period of such ownership, and shall not impair any rights or remedies which the Board of Directors or others may have against such former Owner arising out of ownership of the Unit and membership in the Association and the covenants and obligations incident thereto. 1 EXHIBIT "F" Following termination of the Project, the Association will consist of all Owners entitled to share in the distribution of proceeds of a sale of the Project pursuant to the Act. Section 2.3 Membership Certificates. No certificates of stock shall be issued by the Association, but the Board of Directors may, if it so elects, issue membership cards to Owners. Such membership card shall be surrendered to the secretary of the Association whenever ownership of the Unit designated on the card is transferred and membership terminates. Section 2.4 Voting Rights. Votes shall be allocated among the Owners in accordance with Article 4 of the Declaration. Declarant shall be entitled to vote with respect to any Unit owned by it. Cumulative voting shall not be allowed in the election of the Board of Directors or for any other purpose. The Association shall not have a vote with respect to any Unit which may be owned by it. Percentages of Owners or of votes stated in the Condominium Documents shall be deemed to mean the stated percentage of the number of total votes required to be cast in order to satisfy quorum requirements or, if expressly required, the stated percentage of the total voting power (rather than a majority of those present or meeting by proxy or the majority of a quorum) as determined in accordance with the following sentence. When references are made to voting power in the Association in any of the Condominium Documents, "total voting power" of the Owners or of a Class shall mean the aggregate number of votes in the Association or a Class, as appropriate, after deducting any votes held by Owners that are ineligible to vote. Following termination or expiration of the Period of Declarant Control, Class voting shall be allowed on issues specifically relating to or directly affecting only a particular Class and on which Owners are otherwise entitled to vote, as set forth in the Declaration. In such cases, the votes of Owners within each Class shall be in proportion to the voting power of each such Owner relative to the aggregate votes in the Class. Section 2.5 Designated Person and Registered Address. (a) If title to a Unit is held by more than one individual, by a firm, corporation, partnership, association or other legal entity or any combination thereof, such individuals, entity, or entities shall, by written instrument executed by all such parties and delivered to the Association, appoint and authorize one (1) Person to represent the Owner(s) of the Unit (the "Designated Representative"). Such representative shall be a natural person who is an Owner, or a designated board member or officer of a corporate Owner, or a general partner of a partnership Owner, or a comparable representative of any other entity, and such representative shall have the authority to make decisions and take actions relating to the Unit and to membership in the Association including, without limitation, the power to cast votes on behalf of the Owners as a member of the Association and serve on the Board of Directors if elected. The Designated Representative shall be the Person to whom all notices and deliveries under the Condominium Documents are addressed. (b) There shall be a single registered mailing address associated with each Unit. The Owner, or the Designated Representative of the Owners, of a Unit shall furnish such registered address to the Association within ten days after transfer of title to the Unit to such Owner or Owners. Such registration shall be in written form and signed by the individual Owner or the Designated Representative, as applicable. If no address is registered, then any 2 EXHIBIT "F" notice shall be deemed duly given if delivered to the Unit and if a copy of such notice is held and available for the Owner at the principal office of the Association. ARTICLE 3. MEETINGS OF OWNERS Section 3.1 Place of Meeting. Meetings of the Owners shall be held at such place, within the State of Colorado, as the Board of Directors may determine All or some of the Owners may participate in a meeting by means of a conference telephone, electronic conferencing, or similar communications equipment by which all Persons participating in the meeting can hear each other or read the words of each other at the same time. Such participation shall constitute presence in Person at the meeting. Section 3.2 Annual Meeting. Regular meetings of Owners shall be held annually. The first annual meeting of the Owners shall be held within one (1) year after the date of the adoption of these Bylaws. Thereafter, the annual meetings of the Owners shall each be held on a date and at a time selected by the Board of Directors each year. The purpose of the annual meetings is to (i) propose and/or review the Budget; (ii) after the Period of Declarant Control, to elect the members of the Board of Directors; and (iii) to transact such other Association business as may properly come before the Owners at the meeting. Section 3.3 Special Meetings. Calls for special meetings of the Owners may be made (i) by the president of the Association, (ii) by a majority of the Board of Directors, (iii) by written instrument signed by Owners representing twenty percent (20%) of the total voting power of the Association, or (iv) following termination or expiration of the Period of Declarant Control, if the special meeting is being called to address issues on which only a particular Class of Owners is entitled to vote, by Owners within such Class having twenty percent (20%) of the votes entitled to be cast at such meeting. Section 3.4 Notice of Meetings. Written notice of each meeting shall be delivered to the registered address of each Owner entitled to be represented by a vote not fewer than ten (10) nor more than fifty (50) days before the date of the meeting, by or at the direction of the president, or the secretary, or the Persons calling the meeting as provided under these Bylaws. Such notice shall state (i) basic meeting information such as the place, day, and hour of the meeting and (ii) the items on the agenda for the meeting, including the general nature of any proposed amendment to the Declaration or these Bylaws, any proposal to remove an officer or member of the Board of Directors, and, in the case of a special meeting, the purpose or purposes for which the meeting is called. No action shall be adopted at a meeting except as stated in the notice. Attendance at any meeting by a member shall constitute a waiver of notice by that member, except where a member attends the meeting for the expressed purpose of objecting that the meeting was not lawfully called or convened. If electronic means are available, the Association shall provide notice of all regular and special meetings of Owners by electronic mail to all Owners who so request and who furnish the Association with their electronic mail addresses, as soon as practicable but in all cases, at least twenty four (24) hours before such meetings. In addition to the requirements contained hereinabove, and in addition to any electronic posting or electronic mail notices, the notice of any meeting shall be physically posted in a conspicuous place at the Project, to the extent that such posting is feasible and practicable. 3 EXHIBIT "F" Section 3.5 Meeting to Approve Annual Budget. The Budget shall be adopted annually in accordance with the Declaration and the applicable provisions of the Act. Section 3.6 Adjourned Meetings. If any meeting of the Owners cannot be organized because a quorum, as defined below, is not present, the Owners who are present, either in person or by proxy, may adjourn the meeting from time to time until a quorum is obtained. Section 3.7 Proxies. Votes allocated to a Unit may be cast pursuant to a proxy duly executed by an Owner. An Owner may not revoke a proxy given pursuant to this Section except by actual notice of revocation to the Person presiding over a meeting of the Association. A proxy is void if it is not dated or purports to be revocable without notice. A proxy terminates eleven months after its date, unless it provides otherwise. A form of proxy may be distributed to each Owner to afford the Owner(s) of such Unit the opportunity to cast the vote allocated to such Unit in absentia at a meeting of Owners of the Association, provided that it meets the requirements for a written ballot set forth in Section 3.12 below and includes the name or names of the Person(s) to whom the proxy is given and who expect to be in attendance in Person at the meeting for the purpose of casting the vote to reflect the absent Owner's vote. Section 3.8 Multiple Owners -Proxy. If title to a Unit is held by more than one Person, and if only one of such multiple Owners of a Unit is present at a meeting of the Association, such Owner is entitled to cast the vote allocated to that Unit. If more than one of the multiple Owners of a Unit are present, in person or by proxy, and there is no Designated Representative as required under Section 2.5, the vote allocated to that Unit may be cast only in accordance with the agreement of a majority in interest of the Owners, which majority agreement may be assumed for all purposes if any one of the multiple Owners cast the vote allocated to that Unit without protest being made promptly to the Person presiding over the meeting by any of the other Owners of the Unit. If such protest is made, the vote allocated to the Unit may only be cast by written instrument executed by all Owners who are present at the meeting. Section 3.9 Quorum. Except as otherwise provided in these Bylaws, the presence at the beginning of the meeting in person or by proxy of the Owners possessing sufficient votes to constitute twenty percent of the total voting power of the Association shall constitute a quorum, and such Owners present in person or by proxy shall constitute the Owners entitled to vote upon any issue presented at a meeting at which a quorum is present. Following termination or expiration of the Period of Declarant Control, with respect to issues which may be decided by Owners in a particular Class voting as a Class, the presence at the beginning of the meeting in person or by proxy of Owners within such Class possessing sufficient votes to constitute fifteen percent (15%) of the votes of all Owners in the Class shall constitute a quorum as to such matters concerning the Class, and such Owners within the Class present in person or by proxy shall constitute the Owners entitled to vote upon issues that may be decided by Owners voting as a Class presented at such meeting where a quorum of the Class is present. Section 3.10 Voting. Except as otherwise required by the Declaration, the Act or by these Bylaws, (a) the votes of Owners who are present either in person or by proxy at any duly convened meeting of the Association at which a quorum has been established and who cast a simple majority of the total votes eligible to be voted by such present or represented Owners shall decide any question under consideration, and shall constitute the act of and be binding upon 4 EXHIBIT "F" the Association; and (b) the votes of Owners in a Class who are present, either in person or by proxy, at any duly convened meeting of the Association at which a quorum of such Class has been established and who cast a simple majority of the total votes eligible to be voted by such present or represented Owners of such Class shall decide any question under consideration applicable to such Class and constitute the act of and be binding on the Class, and the Association, if applicable. Notwithstanding the foregoing, the following matters require approval or rejection by a percentage of the total voting power of the Association, or of a Class, rather than by those present at a meeting where quorum requirements have been satisfied, as further specified in the Condominium Documents: (a) the Budget, (b) certain amendments of the Condominium Documents, (c) termination of the condominium regime, (d) conveyance or encumbrance of Common Elements, (e) extension of the term of the Declaration, excepting any automatic extensions thereof, (f) removal of any member of the Board of Directors, or (g) the determination not to repair or replace any portion of the Project for which insurance coverage is required under the Declaration. At the discretion of the Board of Directors, or upon the request of twenty percent (20%) of the Owners who are present or represented by proxy at a meeting at which a quorum has been achieved, a vote upon any matter for which Owners are entitled to vote shall be by secret ballot. In such event, ballots shall be counted by a neutral third party or by an Owner who is not a candidate, who attends the meeting at which the vote is held, and who is selected at random from a pool of two or more such Owners and the results of the vote shall be reported without reference to names, addresses or other identifying information. Section 3.11 Waiver of Meeting and Consent to Action. Whenever the vote of Owners at a meeting of the Association is required or permitted by any provision of these Bylaws to be taken in connection with any action of the Association (including, without limitation, an annual meeting or a vote on ratification of the Budget) the meeting and vote of Owners may be dispensed with and the action in question may be approved if (a) notice of the proposed action is given to all Owners eligible to vote, and (b) a sufficient number of Owners eligible to vote concerning such matter consent in writing to dispense with the meeting and consent in writing to the action in question. A sufficient number is at least the number required to satisfy the voting power that would be necessary to approve the action at a meeting. Section 3.12 Action by Written Ballot. Any action that may be taken at any annual or special meeting of Owners (including, without limitation, an annual meeting or ratification of the Budget) may be taken without a meeting and through voting by written (including electronic) correspondence, if the following requirements are met: (a) a written ballot is distributed to every Owner entitled to vote on the matter, setting forth each proposed action and providing an opportunity to vote for or against each proposed action; (b) the solicitation for votes by written ballot (i) indicates the number of responses needed to meet the quorum requirements for authorization or rejection of the proposed action (or, if the quorum provisions do not apply to the proposed action, as further set forth in Section 3.10 above, specifies the same); (ii) states the percentage of votes needed to authorize or reject each matter, other than election of the Board of Directors (or, if the proposed action is ratification of the Budget pursuant to Section 3.5 above, states that (A) the 5 EXHIBIT "F" Budget will be ratified unless rejected by at least sixty-seven percent (67%) of the total voting power of the Association and, if applicable (B) states that any provision of the Budget that is a Class voting matter will be ratified unless rejected as set forth in the Declaration; (iii) specifies the time by which a ballot must be received by the Association in order to be counted; and (iv) is accompanied by written information (including, if applicable, a summary of any proposed Budget) sufficient to permit each Person casting such ballot to reach an informed decision on the matter; and (c) the number of votes cast by written ballot in favor or against the proposed action equals or exceeds the number of votes in favor or against that would be required to authorize or reject the action at a meeting at which the total number of votes cast was the same as the number of votes cast by written ballot. A written ballot delivered to the Association pursuant to this Section 3.12, may not be revoked. Action taken under this Section 3.12 has the same effect as action taken at a meeting of Owners and may be described as such in any document. Section 3.13 Representation of Mortgagees. All First Mortgagees or their representatives shall be entitled to attend Association meetings of the Owners and shall have the right to address the Owners regarding such First Mortgagees' issues and concerns relating to the Proj ect. Section 3.14 Meetings of Owners. All Meetings of Owners shall be open to every Owner and Designated Representative, and all Owners and Designated Representatives shall be permitted to attend, listen and speak at an appropriate time during deliberations and proceedings. ARTICLE 4. BOARD OF DIRECTORS Section 4.1 Number and _Qualification. The affairs of the Association shall be governed by a Board of Directors, initially composed of three natural person(s). At the first meeting of the Association after the Period of Declarant Control, at least five, but no more than seven, and in any event an odd number of Owners, shall be elected to the Board of Directors by the Owners. During the Period of Declarant Control, Declarant may elect at any time to increase the number of members on the Board of Directors from three to five. Section 4.2 Required Election of Owners. Not later than sixty (60) days after conveyance of twenty-five percent (25%) of the Units that may be created by Declarant to Owners other than Declarant, at least one (1) member and not fewer than twenty-five percent (25%) of the members of the Board of Directors shall be elected by Owners other than Declarant. Not later than sixty (60) days after conveyance of fifty percent (50%) of the Units that may be created by Declarant to Owners other than Declarant, not fewer than thirty-three and one-third percent (33-1/3%) of the members of the Board of Directors must be elected by Owners other than Declarant. Not later than the termination of the Period of Declarant Control, the Owners shall elect all members of the Board of Directors, at least a majority of whom shall be Owners other than Declarant, or Designated Representatives of Owners other than Declarant. The Board of Directors shall elect the officers. The members of the Board of Directors and officers shall 6 EXHIBIT "F" take office upon election. Votes for contested elections to the Board of Directors shall be by secret ballot. Section 4.3 Declarant Control of the Association. There shall be a Period of Declarant Control of the Association, during which Declarant, or Persons designated by Declarant, may appoint and remove the officers of the Association and members of the Board of Directors (subject to the requirements of Section 4.2 above). The Period of Declarant Control shall commence upon filing of the Articles of Incorporation and shall terminate as provided in the Declaration. Declarant may voluntarily surrender the right to appoint and remove officers and members of the Board of Directors before the termination of the Period of Declarant Control. In that event, Declarant may require, for the duration of the Period of Declarant Control, that specified actions of the Association or Board of Directors, as described in a recorded instrument executed by Declarant, be approved by Declarant before they become effective. The names and addresses of the Persons who are to initially act in the capacity of the members of the Board of Directors until their successors are duly elected and qualified are as set forth in the organizational consent minutes of the Association, a copy of which has been placed in the Association's minute book. Section 4.4 Election and Term of Office. Until the first annual meeting after the Period of Declarant Control terminates, the terms of members of the Board of Directors not appointed by Declarant shall, unless otherwise required by a resolution of the Board at the time of each such member's election, continue until and expire on the date of the first meeting of the Owners following termination of the Period of Declarant Control. At the first meeting of the Association after the Period of Declarant Control, the terms of all existing members of the Board of Directors shall be deemed to have expired, and an election shall be held for all members of the Board of Directors. The terms of the members of this initial Board of Directors elected by the Owners shall be staggered so that one (1) or more members shall be elected to serve a one (1) year term, one or more members shall be elected to serve a two (2) year term, and one or more members shall be elected to serve a three (3) year term. At the expiration of the initial term of office for each respective member of the Board of Directors, his or her successor shall be elected to serve a term of three (3) years. Notwithstanding any provision in this Section 4.4 to the contrary, members of the Board of Directors may be elected by written consent or ballot pursuant to the conditions set forth in Sections 3.11 or 3.12 above. Each member of the Board of Directors shall hold office until the election and qualification of his or her successor, unless such a member is removed or otherwise vacates in accordance with these Bylaws. At any meeting at which one or more members of the Board of Directors is to be elected, the Owners may, by resolution, adopt specific procedures which are not inconsistent with these Bylaws or the Nonprofit Act for conducting the elections. Section 4.5 Removal of Members of the Board of Directors. A regular or special meeting of Owners may be called for the purpose of considering the removal of any member of the Board of Directors. The Board of Directors shall designate by resolution or motion the date and time of such regular or special meeting after such meeting is properly set or called in accordance with these Bylaws. Any one (1) or more of the members of the Board of Directors, other than a member appointed by Declarant, may be removed with or without cause by an affirmative vote of sixty-seven percent (67%) of the voting power of the Owners present in 7 EXHIBIT "F" person or represented by proxy and eligible to vote. Any member of the Board of Directors whose removal has been proposed shall be given an opportunity to be heard at the meeting. Successors may then and there be elected by a majority of the remaining Board of Directors. If the entire Board of Directors is removed at once, an election by the Owners present in person or represented by proxy and eligible to vote to fill the vacancies thus created shall be immediately held at the same meeting. Section 4.6 Vacancies. (a) During _Period of Declarant Control. During the Period of Declarant Control, if a member of the Board of Directors dies or resigns, Declarant shall appoint a new member of the Board of Directors. (b) After the Period of Declarant Control. After the Period of Declarant Control, any vacancy occurring in the Board of Directors may be filled by the affirmative vote of a majority of all of the remaining Board of Directors (though the remaining members may be less than a quorum of the Board of Directors). The term of the member of the Board of Directors so elected shall be coincident with the term of the replaced member of the Board of Directors. Section 4.7 Quorum of the Board of Directors. A majority of the number of members of the Board of Directors fixed from time to time by these Bylaws shall constitute a quorum for the transaction of business. Any act by a majority vote of the Board of Directors in attendance where a quorum is present shall be an act of the Board of Directors, subject to any Class requirements of the Condominium Documents. Section 4.8 Place and Notice of the Board of Directors Meetings. Any regular or special meetings of the Board of Directors may be held at such place within or without the State of Colorado and upon such notice as the Board of Directors may prescribe. Any special meeting of the Board of Directors shall be preceded by at least two days' notice of the date, time and place of the meeting. The Board of Directors shall hold a regular meeting at least once each year and shall, in addition, meet as often as they deem necessary or desirable to perform their duties hereunder. Attendance of a member of the Board of Directors at any meeting shall constitute a waiver of notice of such meeting, except when a member of the Board of Directors attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. Before, at, or after any meeting of the Board of Directors, any member of the Board of Directors may, in writing, waive notice of such meeting, and such waiver shall be deemed equivalent to the giving of such notice. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the Board of Directors need be specified in the waiver of notice of such meeting. The Board of Directors shall have the right to take any action in the absence of a meeting which they could take at a meeting provided that: (i) written notice stating the action to be taken and the time by which a Director must respond is provided to each Director; (ii) by the time stated in the notice, each Director votes in writing to approve or disapprove the proposed action, or abstains in writing from voting on the proposed action, or fails to or respond to vote on the proposed action; (iii) no Director demands that a meeting be held to decide the proposed action; (iv) the affirmative vote for the proposed action equals or exceeds the minimum number of votes that would be necessary to take such 8 EXHIBIT "F" action at a meeting at which all of the members of the Board of Directors were present and voted; (iv) written consent to the proposed action is signed by all members of the Board of Directors; and (v) such written consent is received by the Association (including receipt by electronic means) and filed with the minutes of the meetings of the Board of Directors. Any action so approved shall have the same effect as though taken at a meeting of the Board of Directors, and such action shall take effect when the last document necessary to effectuate the action is received by the Association (unless the written consent states a different effective date). Any member of the Board of Directors may revoke the written consent of the proposed action by providing written notice, signed and dated by such Director, describing the action and stating that the Director's prior vote with respect to such action is revoked. Such notice of revocation from a Director must be received by the Association prior to the effective date of the action. All or some of the members of the Board of Directors may participate in a meeting by means of a conference telephone, electronic conferencing or similar communications equipment by which all Persons participating in the meeting can hear each other or read the words of each other at the same time. Such participation shall constitute presence in person at the meeting. The ability of the Board of Directors to act without a meeting shall not be limited by the foregoing. Section 4.9 Powers and Duties. The Board of Directors shall have, subject to the limitations contained in the Declaration and the Act, the powers and duties necessary, desirable, or appropriate for the administration of the affairs of the Association and for the operation and maintenance of the Project, including (but not limited to) the powers and duties stated in the Declaration. Section 4.10 Managing Agent. The Board of Directors may employ for the Association a Managing Agent at a compensation established by the Board of Directors, to perform such duties and services as the Board of Directors shall authorize; provided, however, that the Board of Directors in delegating such duties shall not be relieved of its responsibility under the Declaration. The Managing Agent shall maintain fidelity insurance coverage or a bond for the benefit of the Association in an amount of not less than fifty thousand dollars, or such higher amount as the Board of Directors may require. The Managing Agent shall maintain all funds and accounts of the Association separate from the funds and accounts of other associations managed by the Managing Agent and shall maintain all reserve accounts for the Association separate from the operational accounts of the Association. The Managing Agent shall provide an annual accounting for Association funds and a financial statement to the Association. Any contract that the Board of Directors enters into with a Managing Agent shall provide that the contract is terminable for cause without penalty to the Association and shall be subject to renegotiation from time to time. Section 4.11 Compensation of the Members of the Board of Directors. Except as provided in this Section 4.11., members of the Board of Directors shall not be paid any compensation for their services performed as members of the Board of Directors unless a resolution authorizing such remuneration shall have been adopted by the members of the Association. Each member of the Board of Directors shall receive reimbursement for reasonable transportation, meals, lodging expenses and reasonable per diem payments, for attendance at any regular or special meeting of the Board of Directors or for other actual expenses incurred in 9 EXHIBIT "F" connection with the performance of his or her duties of office as a member of the Board of Directors. Section 4.12 Board of Directors Meetings. All meetings of the Board of Directors, will be open to the Owners and Designated Representatives, and the Owners and Designated Representatives shall be permitted to attend, listen and speak at an appropriate time during deliberations and proceedings. Owners or Designated Representatives who are not members of the Board of Directors may not participate in any deliberation or discussion unless expressly so authorized by a vote of a majority of a quorum of the Board of Directors. Further, the Board of Directors may place reasonable time restrictions upon those Persons speaking during the meeting, but, at an appropriate time determined by the Board of Directors, shall permit the Owners and Designated Representatives to speak before the Board of Directors takes formal action on an item under discussion. If more than one Person desires to address an issue and there are opposing views, the Board of Directors shall allow a reasonable number of Persons to speak on each side of an issue. Section 4.13 Executive Sessions. Meetings of the Board of Directors may be held in executive session(s), without giving notice and without the requirement that they be open to Owners, in the following situations: (a) matters pertaining to employees of the Association or involving the employment, promotion, discipline or dismissal of an officer, agent, or employee of the Association; (b) consultation with legal counsel concerning disputes that are the subject of pending or imminent court proceedings or matters that are privileged or confidential between attorney and client; (c) investigative proceedings concerning possible or actual criminal misconduct; (d) matters subject to specific constitutional, statutory, or judicially imposed requirements protecting particular proceedings or matters from public disclosure; (e) any matter the disclosure of which would constitute an unwarranted invasion of individual privacy; and (f) from legal counsel. review of or discussion relating to any written or oral communications Upon the final resolution of any matter for which the Board of Directors received legal advice or that concerned pending or contemplated litigation, the Board of Directors may elect to preserve the attorney-client privilege in any appropriate manner, or it may elect to disclose such information, as it deems appropriate, about such matter in an open meeting. Section 4.14 Conflict of Interest. All conflicts of interest shall be handled in accordance with Section 7-128-501 of the Nonprofit Act. 10 EXHIBIT "F" ARTICLE 5. OFFICERS AND THEIR DUTIES Section 5.1 Enumeration of Officers. The officers of the Association shall be a president, vice president, secretary, and treasurer, and such other officers as the Board of Directors may from time to time by resolution create. The president must be a member of the Board of Directors. Section 5.2 Election of Officers. The election of officers shall take place at the first meeting of the Board of Directors and thereafter at the first meeting of the Board of Directors following each annual meeting of the Owners. Section 5.3 Term. The officers shall be elected annually by the Board of Directors and each shall hold office for one (1) year unless such officer shall sooner die, resign, or shall be removed or otherwise disqualified to serve. Section 5.4 Special Appointments. The Board of Directors may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board of Directors may from time to time determine. Section 5.5 Resignation and Removal. Any officer may be removed from office with or without cause by the Board of Directors. Any officer may resign at any time by giving written notice to the Board of Directors, the president, or the secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Section 5.6 Vacancies. A vacancy in any office may be filled by appointment by the Board of Directors. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he or she replaces. Person. Section 5.7 Multiple Offices. Any two (2) or more offices may be held by the same Section 5.8 Duties. The duties of the officers are as follows: (a) President. The president shall preside at all meetings of the Owners and of the Board of Directors; shall see that orders and resolutions of the Board of Directors are carried out; shall sign on behalf of the Association all leases, mortgages, deeds, notes and other written instruments; and shall exercise and discharge such other duties as may be required of the president by the Board of Directors. In addition, the president shall have all of the general powers and duties that are incident to the office of president of a nonprofit corporation organized under the laws of the State of Colorado, including but not limited to, the power to appoint committees from among the Owners from time to time as the president may decide is appropriate to assist in the conduct of the affairs of the Association. The president may fulfill the role of treasurer in the absence of the treasurer. The president may cause to be prepared and may execute amendments, attested by the secretary, to the Declaration (in accordance with 11 EXHIBIT "F" the provisions of the Declaration) and these Bylaws on behalf of the Association, following authorization or approval of the particular amendment, as applicable. (b) Vice President. The vice president shall act in the place and stead of the president in the event of his or her absence, inability, or refusal to act, and shall exercise and discharge such other duties as may be required of the vice president by the Board of Directors. (c) Secretary. The secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board of Directors and of the Owners; keep the corporate stamp or seal of the Association, if any, and place it on all papers requiring said stamp or seal, if necessary; serve notice of meetings of the Board of Directors and of the Owners; keep appropriate current records showing the Owners and Designated Representatives together with their addresses; and shall perform such other duties as may be required of the secretary by the Board of Directors. (d) Treasurer. The treasurer shall receive and may endorse on behalf of the Association, for collection only, all checks, notes, and other obligations and shall deposit the same and all monies in appropriate bank accounts of the Association. The treasurer shall disburse such funds as directed by resolution of the Board of Directors; keep proper books of account; at the direction of the Board of Directors, cause an audit of the Association books to be made; and prepare the annual Budget and a statement of income and expenditures to be presented to the Owners at the regular annual meeting of Owners, and deliver a copy of each to the Owners. Except for reserve funds described below, the treasurer may have custody of and shall have the power to endorse for transfer, on behalf of the Association, stock, securities or other investment instruments owned or controlled by the Association or as fiduciary for others. Reserve funds of the Association shall be deposited in such segregated accounts or other investments as the Board of Directors decides in accordance with the Rules and Regulations. Funds may be withdrawn from these reserves for the purposes for which they were deposited, by check or order, by the Treasurer or another officer provided that the Board of Directors may adopt resolutions imposing limitations on the manner of withdrawal or requiring more than one signatory for certain types of withdrawals. Section 5.9 Execution of Instruments. All agreements, contracts, deeds, leases, checks, notes and other instruments of the Association may be executed by any Person or Persons as may be designated by resolution of the Board of Directors, including the Managing Agent. Any officer may prepare, execute, certify and record duly adopted amendments to the Declaration on behalf of the Association. If appropriate, the Managing Agent or any officer of the Association may file an election under Section 528 of the Internal Revenue Code in any given year for the Association. ARTICLE 6. INDEMNIFICATION OF MEMBERS OF THE BOARD OF DIRECTORS AND OFFICERS Section 6.1 Actions Other than by or in the Right of the Association. The Association shall indemnify any Person who was or is a party, or is threatened to be made a party to any pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (other than an action by or in the right of the Association) by reason of the fact that 12 EXHIBIT "F" such Person is or was a member of the Board of Directors or officer, who is or was serving at the request of the Association in such capacity, against expenses (including expert witness fees, attorneys' fees and costs) judgments, fines, amounts paid in settlement actually and reasonably incurred by such Person in connection with such action, suit or proceeding, if such Person acted in good faith and in a manner that he or she reasonably believed to be in the best interests of the Association, and, with respect to any criminal action or proceeding, had no reasonable cause to believe his or her conduct was unlawful. Determination of any action, suit or proceeding by judgment, order, settlement or conviction, or upon a plea of nolo contendere or its equivalent, shall not of itself create a presumption that the Person did not act in good faith and in a manner such Person reasonably believed to be in the best interests of the Association and, with respect to any criminal action or proceeding, had reasonable cause to believe his or her conduct was unlawful. Section 6.2 Actions by or in the Right of the Association. The Association shall indemnify any Person who was or is a party or who is threatened to be made a party to any pending or completed action or suit by or in the right of the Association to procure judgment in its favor by reason of the fact that such Person is or was a member of the Board of Directors or officer or is or was serving at the request of the Association in such capacity, against expenses (including expert witness fees, attorneys' fees and costs) actually and reasonably incurred by such Person in connection with the defense or settlement of such action or suit if such Person acted in good faith and in a manner that he or she reasonably believed to be in the best interests of the Association; but no indemnification shall be made in respect of any claim, issue or matter as to which such Person has been adjudged to be liable for negligence, recklessness, or willful misconduct in the performance of his or her duty to the Association unless, and to the extent that, the court in which such action or suit was brought determines upon application that (despite the adjudication of liability), in view of all circumstances of the case, such Person is fairly and reasonably entitled to indemnification for such expenses. Section 6.3 Successful on the Merits. To the extent that a member of the Board of Directors or officer of the Association or an officer, employee, fiduciary or agent of the Association has been wholly successful on the merits in defense of any action, suit or proceeding referred to in Section 6.1 or Section 6.2 of this Article 6, or in defense of any claim, issue or matter therein, such Person shall be indemnified against expenses (including expert witness fees, attorneys' fees and costs) actually and reasonably incurred by him or her in connection therewith. Section 6.4 Determination Required. Any indemnification under Sections 6.1 or 6.2 of this Article 6 (unless ordered by a court) and as distinguished from Section 6.3 of this Article 6, shall be made by the Association only as authorized by the specific case upon a determination that indemnification of such Person is proper in the circumstances, because such Person has met the applicable standard of conduct set forth in Sections 6.1 or 6.2 above. Such determination shall be made by the Board of Directors by majority vote of those members of the Board of Directors who were not parties to such action, suit or proceeding or, if a majority of disinterested members of the Board of Directors so directs, by independent legal counsel or by members entitled to vote thereon. Such determination shall be reasonable, based on substantial 13 EXHIBIT "F" evidence of record, and supported by a written opinion. The Board of Directors shall provide a copy of its written opinion to the Person seeking indemnification upon request. Section 6.5 Payment in Advance of Final Disposition. The Association shall pay for or reimburse the reasonable expenses incurred by a former or current member of the Board of Directors or officer who is a party to a proceeding in advance of final disposition of the proceeding if: a) such Person furnishes to the Association a written affirmation, executed personally or on such Person's behalf, of his or her good faith belief that he or she has met the standard of conduct described in Sections 6.1 or 6.2 of this Article 6; b) such Person furnishes to the Association a written agreement, executed personally or on such Person's behalf, to repay the advance if it is ultimately determined that he or she did not meet the required standard of conduct; and c) a determination is made that the facts then known to those making the determination would not preclude indemnification under this Article. The undertaking required in this paragraph shall be an unlimited general obligation of the Board of Directors but need not be accepted by a particular Board member or officer or may be accepted without reference to financial ability to make repayment. Section 6.6 No Limitation of Rights. The indemnification provided by this Article 6 shall not be deemed exclusive of nor a limitation upon any other rights to which those indemnified may be entitled under any bylaw, agreement, vote of the members or disinterested members of the Board of Directors, or otherwise, nor by any rights which are granted pursuant to the Act and the Nonprofit Act. Section 6.7 Directors and Officers Insurance. As and to the extent provided in the Declaration, the Association shall purchase and maintain insurance on behalf of any Person who is or was a member of the Board of Directors or an officer of the Association against any liability asserted against him or her and incurred by such Person in any such capacity or arising out of his or her status as such, whether or not the Association would have the power to indemnify such Person against such liability under provisions of this Article. ARTICLE 7. AMENDMENTS Section 7.1 Amendments. These Bylaws may be amended by (i) a vote of a majority of a quorum of the Board of Directors at a regular or special meeting of the Board of Directors, or (ii) at any regular meeting of the Owners or at any special meeting called for the purpose of amending the Bylaws, by the affirmative vote of a majority of a quorum of Owners present at the meeting in person or represented by proxy and eligible to vote, provided that, to the extent the proposed amendment involves an issue subject to Class voting, a majority of a quorum of the Owners in the affected Class will also be required, such that the Majority of Owners must include a majority of a quorum of the Owners in such Class. Any amendment shall be binding upon every Owner. Any provision of these Bylaws adopted at a regular or special meeting of the Owners may thereafter only be amended at a regular or special meeting of the Owners. Notwithstanding the above, neither the Board nor the Owners shall have any power to amend the Bylaws in such a manner as to materially change the effect of the express provisions of the Declaration unless any standard for an amendment of such provisions in the Declaration is satisfied. No amendment shall serve to shorten the term of any member of the Board of Directors, or conflict with the Nonprofit Act or the Act or delete any provision which must be 14 EXHIBIT "F" contained in these Bylaws under the terms of the Nonprofit Act or the Act, or conflict with the Articles of Incorporation of the Association. Section 7.2 Compliance with the Act. These Bylaws are intended to comply with the requirements of the Act and the Nonprofit Act. If any of these Bylaws conflict with the provisions of the Act or the Nonprofit Act, the provisions of the Act or the Nonprofit Act, as applicable, will govern the Association. Section 7.3 Conflict Between Documents. In the case of any conflict between or among the Condominium Documents, the Declaration controls over the Articles of Incorporation, these Bylaws and the Rules and Regulations. The Articles of Incorporation control over these Bylaws and the Rules and Regulations. These Bylaws control over the Rules and Regulations. ARTICLE 8. COMMITTEES The Board of Directors may appoint such committees as deemed appropriate which, to the extent provided for in the resolution appointing the committee and allowed by law, shall have the powers of the Board of Directors in the management and affairs and business of the Association. ARTICLE 9. INFORMATION, BOOKS AND RECORDS Section 9.1 Statement of Unpaid Assessments. The Association shall provide statements of unpaid assessments in accordance with Section 38-33.3-316 of the Act, as described in the Declaration. The treasurer, a Managing Agent employed by the Association or, in their absence, any officer having access to the books and records of the Association may prepare, certify, and execute such statements. The amount of any fee for preparing such statements of unpaid Assessments and the time of payment shall be set forth in the Rules and Regulations. Any such fee that is not paid when due may be assessed as a default Assessment against the Unit for which the certificate or statement is furnished. Section 9.2 Owner Education. The Association or a Managing Agent employed by the Association shall provide to the Owners, at least one time per year, free of charge, education regarding the general operations of the Association as well as the rights and responsibilities of Owners, the Association and the Board of Directors under Colorado law. Section 9.3 Turnover of Declarant Control - Deliveries from Declarant to Association. Within sixty (60) days after the Owners other than the Declarant elect a majority of the members of the Board of Directors, the Declarant shall deliver to the Association all property of the Owners and of the Association held by or controlled by the Declarant, including without limitation the following items (to the extent they are in Declarant's possession or control): (a) the original or a certified copy of the recorded Declaration and Map and any amendments thereto, the Articles of Incorporation, the Bylaws, minute books, other books and records, and any Rules and Regulations which may have been promulgated; 15 EXHIBIT "F" (b) an accounting for Association funds and financial statements, commencing on the date the Association first received funds and ending on the date the Period of Declarant Control ends. The financial statements shall be audited by an independent certified public accountant and shall be accompanied by the accountant's letter, expressing either the opinion that the financial statements present fairly the financial position of the Association in conformity with generally accepted accounting principles or a disclaimer of the accountant's ability to attest to the fairness of the presentation of the financial information in conformity with generally accepted accounting principles and the reasons therefor. The expense of the audit shall not be paid for by or charged to the Association; (c) the Association funds or control thereof; (d) all of the Declarant's tangible personal property that has been represented by the Declarant to be the property of the Association or all of the Declarant's tangible personal property that is necessary for, and has been used exclusively in, the operation and enjoyment of the Common Elements, together with an inventory of such property (if any) and the Declarant shall convey all personal property itemized in the inventory to the Association by bill of sale; (e) a copy, for the non-exclusive use of the Association, of any plans and specifications used in the construction or renovation of the Improvements; (f) all insurance policies then in force, in which the Owners, the Association or its members of the Board of Directors and officers are named as insured Persons; (g) copies of any certificates of occupancy that may have been issued with respect to the Improvements; (h) any permits issued by governmental bodies applicable to the Project and which are currently in force or which were issued within one year prior to the date on which Owners other than the Declarant took control of the Association; (i) any written warranties of the contractor, subcontractors, suppliers, and manufacturers that are still effective; (j) a roster of Owners and First Mortgagees and their addresses and telephone numbers, if known, as shown on the Declarant's records; (k) employment contracts in which the Association is a contracting party; and (1) any service contract in which the Association is a contracting party or in which the Association or the Owners have any obligation to pay a fee to the Persons performing the services. Section 9.4 Audits. The cost of any audit or review shall be a Common Expense, except as provided in Section 9.3(b) regarding the audit provided as part of the turnover of Declarant Control of the Association. An audit by a certified public accountant utilizing 16 EXHIBIT "F" generally accepted auditing standards, or a review using statements on standards for accounting and review services by an independent and qualified Person selected by the Board of Directors, shall be done at the discretion of the Board of Directors or upon the request of Owners holding one-third of the of the total voting power in the Association; provided that any such request by Owners for an audit shall only be required if the Association then has annual revenues and expenditures of at least $250,000.00. No later than thirty (30) days following completion, copies of any audit or review conducted pursuant to this Section 9.4 shall be made available to any Owner who requests a copy. Section 9.5 Examination. All records maintained by the Association or the Managing Agent shall be available for examination and copying by any Owner or by any of their duly authorized representatives or requesting Eligible First Mortgagees, at the expense of the Person examining the records, during normal business hours and after reasonable notice; provided that a Roster (as defined in Section 9.7) or any other type of list of Owners, or any part thereof, may not be obtained or used by an Person for any purpose unrelated to an Owner's interest as an Owner without the consent of the Board of Directors. Section 9.6 Records. The Association shall keep the following records in written form or another form capable of conversion into written form within a reasonable time: (a) An account for each Unit, which shall designate the name and address of each Owner, the name and address of each mortgagee who has given notice to the Association that it holds a mortgage on the Unit, the amount of each Assessment, the dates on which each Assessment comes due, the amounts paid on the account and the balance due; (b) financial records sufficiently detailed to enable the Association to comply with Section 38-33.3-316(8) of the Act concerning statements of unpaid Assessments; (c) the Roster in a form that permits preparation of a list of the names and addresses of all Owners (or their Designated Representatives, where applicable) showing the number of votes to which each Owner is entitled. (d) The current operating Budget; (e) A record of insurance coverage provided for the benefit of Owners and the Association; (f) Tax returns for state and federal income taxation; (g) Minutes of proceedings of all meetings of the Owners, Board of Directors and its committees, records of all actions taken by the Owners or Board of Directors by written ballot or written consent in lieu of a meeting, records of all actions taken by committees of the Board of Directors and a record of all waivers of notices of meetings of the Owners, the Board of Directors or any committee of the Board of Directors; (h) A copy of the most current versions of the Articles of Incorporation, Declaration, these Bylaws, Rules and Regulations, and resolutions of the Board of Directors, 17 EXHIBIT "F" along with their exhibits and schedules, any covenants, the minutes of all meetings of the Owners and records of all action taken by Owners without a meeting for the past three (3) years, all written communications within the past three (3) years to Owners generally as Owners, a list of the names and business or home addresses of the current members of the Board of Directors and of the officers, the Association's most recent annual report, if any, and all financial audits and reviews conducted pursuant to Section 38-33.3-303(4)(b) of the Act during the immediately preceding three (3) years; (i) Such records as may be necessary to comply with the requirements of Section 303(9) of the Act; and (j) Such other records as the Board of Directors may determine from time to time are necessary or desirable. In the event that the Act is amended to alter the records requirements currently set forth in this Section, these Bylaws may be modified accordingly by the Board. Section 9.7 Roster. The Association shall annually compile a roster of the name and address of each of the Owners (or their Designated Representatives, where applicable) and the number of votes that each Unit is entitled to (the "Roster"). Subject to approval by the Board of Directors, the Association shall provide a copy of the Roster to any Owner upon receipt of a written request from such Owner; provided that the names and addresses of other Owners on the Roster shall only be provided if the written request (i) states the reason for the request; and (ii) the requesting Owner executes and delivers to the Association, a confidentiality agreement and affidavit ("Confidentiality Agreement"), in a form reasonably acceptable to the Association, stating that the names and addresses in the Roster will be used only for purposes reasonably related to the Owner's interest as an Owner. Each Owner who requests and receives a copy of the Roster thereby agrees that he or she will not make any commercial use of the Roster and will not distribute a copy of the Roster or any portion thereof to any third party. Additional requirements related to the copying or examination of the Roster may be adopted by the Board as part of the Association's Responsible Governance Policies. Section 9.8 Disclosure of Information To Owners by Association. (a) Within ninety (90) days after (1) the Association assumes control of the Board of Directors from the Declarant, and/or (2) the Association's address, designated agent, or management company changes, the Association shall make the following information available to the Owners: (i) the name of the Association and of the Project; (ii) the name of the Association's designated agent or Managing Agent, if any; (iii) a valid physical street address and telephone number for both the Association and for the designated agent or Managing Agent, if any; (iv) the initial date of recording of the Declaration; and 18 EXHIBIT "F" (v) the recording date and the reception number or book and page for the Declaration. (b) In addition to the forgoing, within ninety (90) days after (1) the Association assumes control of the Board of Directors from the Declarant and (2) the end of each fiscal year thereafter, the Association shall make the following information available to the Owners: (i) the date on which the fiscal year for the Association commences; (ii) the Association's Budget for the current fiscal year; (iii) a list, by Unit type (if applicable), of the Association's current Assessments, including both annual and special Assessments; (iv) the Association's annual financial statements, including any amounts held in reserve for the fiscal year immediately preceding the current annual disclosure; (v) the results of any financial audit or review pursuant to Section 9.4 for the fiscal year immediately preceding the current annual disclosure; (vi) a list of all Association insurance policies which states, with respect to each insurance company: names, policy limits, policy deductibles, additional named insureds and expiration dates of policies listed, including but not limited to, property, general liability, director and officer professional liability and fidelity policies; (vii) the Association's Bylaws, Articles, and any Rules and Regulations adopted by the Board of Directors; (viii) the minutes of the meetings of the Board of Directors and of the Owners for the fiscal year immediately preceding the current annual disclosure; and (ix) the Association's responsible governance policies adopted pursuant to Section 38-33.3-209.5 of the Act. (c) The Association may make any of the above information available to the Owners through any of the following methods: (1) a posting on an internet web page with accompanying notice of the web address via first class mail or electronic mail; (2) the maintenance of a literature table or binder at the Association's principal place of business; or (3) mail or personal delivery. ARTICLE 10. CORPORATE SEAL The Association may have a seal or stamp in circular form having within its form the words: "Vail Mountain View Residences on Gore Creek Owners' Association, Inc." 19 EXHIBIT "F" ARTICLE 11. FISCAL YEAR The fiscal year of the Association shall begin on the first day of January and end on the 31st day of December of every year, except that the first fiscal year shall begin on the date of incorporation. The Board of Directors may by amendment to the Bylaws establish a different fiscal year for the Association. ARTICLE 12. RULES AND REGULATIONS The Board of Directors shall have the right to establish, amend, and enforce, from time to time, such Rules and Regulations as the Board of Directors may deem necessary and appropriate for the management, preservation, safety, control, and orderly operation of the Project for the benefit of all Owners and Occupants, and for facilitating the greatest and most convenient availability and use of the Units and Common Elements by Owners and Occupants. Such Rules and Regulations may include (without limitation) a system of late charges and/or interest for untimely payment of Assessments, fees for review by the Association of matters required under the Declaration, and fees and Fines for noncompliance with the Rules and Regulations and other obligations set forth in the Declaration and these Bylaws. The Board of Directors shall provide notice of the adoption or amendment of any Rules and Regulations and make such amended Rules and Regulations available for inspection by all Owners, Occupants, contract purchasers and Eligible First Mortgagees during convenient weekday business hours at the principal office of the Association. Such Rules and Regulations may, to the extent not in conflict with the provisions of the Declaration, the Articles of Incorporation and these Bylaws, impose reasonable restrictions upon the use and occupancy of any portion of the Project as the Board of Directors, in its sole and absolute discretion, deems necessary and appropriate. Each Owner agrees that all such Owner's ownership rights shall be in all respects subject to the Rules and Regulations, and each Owner agrees to obey such Rules and Regulations as the same may lawfully be amended from time to time, and to ensure that the same are faithfully observed by Occupants of such Owner's Unit. Each Person who comes within the Project shall be subject to the Rules and Regulations for the duration of his presence therein. A copy of the Rules and Regulations, as amended from time to time, shall be made available to Owners, Occupants and contract purchasers upon request and payment of a reasonable fee. ARTICLE 13. MEMBERSHIP RIGHTS AND PRIVILEGES Section 13.1 Rights and Privileges of Members. No member shall have the right, without the prior approval of the Board of Directors, to exercise any of the powers or to perform any of the acts delegated to the Board of Directors by these Bylaws or the Declaration. Each member shall have all of the rights and privileges, including but not limited to property rights and easement rights of access over and use and enjoyment of the Common Elements, granted to the members by the Declaration, subject to such limitations as may be imposed in accordance therewith. Section 13.2 Suspension of Rights. The Association shall have the right to suspend the rights and privileges of an Owner as a member of the Association for the period during which any Assessment owed by such Owner remains unpaid and delinquent, all as further described in the Declaration. 20 EXHIBIT "F" ARTICLE 14. INTERPRETATION The provisions of these Bylaws shall be liberally construed to effect the purpose of ensuring that the Project shall at all times be operated and maintained in a manner so as to optimize and maximize its enjoyment and utilization by each Owner and Occupant. 21 EXHIBIT "F" RESPONSIBLE GOVERNANCE POLICIES AND PROCEDURES OF VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK OWNERS' ASSOCIATION, INC. EXHIBIT "G" VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK RESPONSIBLE GOVERNANCE POLICIES AND PROCEDURES THESE CORPORATE GOVERNANCE POLICIES (these "Policies") are promulgated and effective as of the 5 day of (Ci st 4�,-, 200 g"(the "Effective Date"). INTRODUCTION These Policies constitute the responsible governance policies, as contemplated by the Colorado Common Interest Ownership Act, for the Vail Mountain View Residences on Gore Creek (the "Project"). They shall remain in effect until amended by the Board of Directors of the Vail Mountain View Residences on Gore Creek Owners' Association, Inc. (the "Association"). Unless otherwise specifically defined in these Policies, all terms used in these Policies have the meanings given to them in the Condominium Declaration for the Vail Mountain View Residences on Gore Creek (the "Declaration"). POLICIES 1. Conduct of Meetings. The Bylaws of the Association include provisions for the holding of Board meetings and meetings of the Owners. Where the Bylaws are silent on a question of the procedures for such meetings, the provisions of Part 2 of Article 128 of the Nonprofit Act shall govern. In the event that the Bylaws and the provisions of the Nonprofit Act do not provide adequate direction, then the most recent edition of Roberts Rules of Order shall govern. If a meeting of the Board of Directors (other than an executive session as described in Section 4.13 of the Bylaws) is to be held by telephone, electronic conferencing or similar communications equipment, then (in order to effectuate the open meetings provisions of the Bylaws) the Board shall notify the Owners of a dial -in number or other electronic conferencing information that will allow the Owners, if desired, to listen and (at appropriate times) communicate. The ability of the Board to act without convening a meeting will not be limited by the foregoing. 2. Owner Education. The Association or a Managing Agent employed by the Association shall provide to the Owners, at least one time per year, free of charge, education regarding the general operations of the Association as well as the rights and responsibilities of Owners, the Association and the Board of Directors under Colorado law. Such education may take place at each annual meeting of the Owners. At the discretion of the Board of Directors, such information and educational materials may be made available to the Owners at the office of the Managing Agent, via web -posting, and/or by delivery of hard copies to the Owners. 3. Conflicts of Interest. In the event of a conflict of interest, members of the Board of Directors (each, a "Director") shall adhere to the provisions of the Act and the Nonprofit Act, and specifically those set forth in C.R.S. § 7-128-501 (as required by §38-33.3-310.5 of the Act) governing conflicts of interest involving members of the Board of Directors (the "CCIOA Conflicts Regulations"). The CCIOA Conflicts Regulations apply to "conflicting interest transactions" which are contracts, transactions, or other financial relationships between an association and a member of the association's executive board, or between the association and a party related to the board member, or between the association and an entity in which a board EXHIBIT "G" member is a director of officer or has a financial interest. In observing the CCIOA Conflicts Regulations, the Directors should be aware of the following guidelines and limitations: (a) No loans may be made by the Association to its Directors or officers, and any Director or officer who assents to or participates in the making of any such loan shall be liable to the Association for the amount of such loan until the repayment thereof. (b) Interested Directors may be counted in determining the presence of a quorum at a meeting of the Board of Directors or of a committee which authorizes, approves, or ratifies a conflicting interest transaction. (c) No conflicting interest transaction shall be void or voidable or be enjoined, set aside, or give rise to an award of damages or other sanctions in a proceeding by an Owner or by or in the right of the Association, solely because (x) the conflicting interest transaction involves a Director; a party related to a Director; or an entity in which a Director is a director or officer or has a financial interest, or solely because (y) the Director is present at or participates in the meeting of the Association's Board of Directors or of any committee of the Board of Directors that authorizes, approves, or ratifies the conflicting interest transaction; or (z) solely because the Director's vote is counted, if: (i) the material facts as to the Director's relationship or interest and as to the conflicting interest transaction are disclosed or are known to the Board of Directors or the relevant committee (if any), and the Board of Directors or such committee in good faith authorizes, approves, or ratifies the conflicting interest transaction by the affirmative vote of a majority of the disinterested Directors, even though the disinterested Directors are less than a quorum; or (ii) the material facts as to the Director's relationship or interest and as to the conflicting interest transaction are disclosed or are known to the Owners entitled to vote thereon, and the conflicting interest transaction is specifically authorized, approved, or ratified in good faith by a vote of the requisite percentage of the Owners entitled to vote thereon; or (iii) the conflicting interest transaction is fair (as to the Association). 4. Collection of Unpaid Assessments. (a) Assessments Generally. Assessments are due in quarterly installments and must be paid when due, as further detailed in the Declaration and in the Rules and Regulations. (b) Unpaid Assessments. If an Owner fails to pay any Assessment when due, the Owner shall be liable for "Unpaid Assessments," which shall be deemed to include, but may not be limited to, past due payments for Assessments (including annual, special and Default Assessments) and any other charge, Fine, penalty, interest or fee attributable to a Unit and/or Owner, expressly including any Interest Assessments, Late Charges and/or Costs of Enforcement associated therewith. Unpaid Assessments shall accrue interest at a rate of eighteen percent (18%) per annum (or, if lesser, the maximum amount permitted by Section 38-33.3-315 of the Act or other Applicable Law) (the "Interest Assessments"). Interest Assessments shall also be 2 EXHIBIT "G" included in Costs of Enforcement and shall begin to accrue on the day following the date that the Unpaid Assessments payment became due, regardless of whether such date is a Saturday, Sunday or legal holiday. For any Unpaid Assessment which remains unpaid thirty (30) days following the date when payment was due, the Costs of Enforcement shall include (without limitation) a late charge in the amount that is equal to five percent (5%) of the unpaid amount (the "Late Charge"). (c) Notice and Enforcement. After any Unpaid Assessment becomes 30 days past due, the Board of Directors may pursue any and all remedies set forth in the Condominium Documents or otherwise available at law or in equity; provided, however, that prior to (i) hiring or engaging an attorney or collection agent, (ii) suspending the delinquent Owner's voting rights, and/or (iii) instituting any foreclosure proceeding, the Board shall deliver a letter to the Owner responsible for the Unpaid Assessment, setting forth the amounts due to date (collectively, the "Unpaid Charges"). If the Unpaid Assessments are not paid within 30 days after the delivery of such notice, then the Board may elect, at its option, to pursue all legal means available to collect the Unpaid Charges and/or all remedies available to the Association, as set forth in the Condominium Documents or as may otherwise be available at law or in equity, including, without limitation, suspension of voting and use rights, collection proceedings and/or foreclosure proceedings. The Association is entitled to collect Unpaid Charges (expressly including reasonable attorneys' fees) from a delinquent Owner, even if the Association declines to initiate formal legal proceedings. (d) Discretionary Measures. The Board may (but shall not be required to) allow extended time for payment or may allow payment of Unpaid Assessments in installments, in order to address hardship or extenuating circumstances, provided that administrative costs and fees may be added to and included in the Unpaid Assessments in such cases. Without limiting the generality of the foregoing, the Board may elect, at any time after an Owner's Unpaid Assessments become more than 60 days past due, to enter into an escrow agreement with the holder of any Security Interest on Owner's Unit in order to combine the entire amount of the Unpaid Charges with the Owner's mortgage payment, pursuant to §38-33.3-315(7) of the Act. 5. Fines; Notice and Hearings. The Association may, after notice and hearing, (pursuant to the procedures provided for in this Section), levy a Fine for violations of the Condominium Documents in accordance with the Schedule of Fees and Fines. If the Association proposes to impose a Fine on an Owner, such action shall only be taken after "notice and a hearing" pursuant to the following procedure, which the Board has determined to be a fair and impartial factfmding process: (a) Notice. The Association shall give notice of the proposed action to the Owner against whom the Fine will be imposed. The notice shall be delivered (in accordance with Section 21.1 of the Declaration) not less than five (5) days before the proposed hearing. The notice shall be in writing and shall include a general statement describing the proposed Fine, the reason for the Fine, and the date, time and place of the hearing. The affected Owner (or its representative) may participate in the hearing by teleconference or other appropriate electronic communications. If the affected Owner (or its representative) cannot participate in the hearing at the proposed time, then the Owner may request another hearing date and time by responding within the three (3) day period following receipt of the notice, provided that such response must 3 EXHIBIT "G" include at least two (2) alternative dates falling within thirty (30) days of the date of the original notice of hearing. (b) Hearing. The hearing shall be presided over by an impartial decision maker (an "Impartial Decision Maker"). An Impartial Decision Maker means a Person or group of Persons who have the authority to make a decision regarding the enforcement of the Association's covenants, conditions, and restrictions, including its architectural requirements, and the other rules and regulations of the Association, and who do not have any direct personal or financial interest in the outcome. An Impartial Decision Maker shall not be deemed to have a direct personal or financial interest in the outcome if the Impartial Decision Maker will not, as a result of the outcome, receive any greater benefit or detriment than will the general membership of the association. At the hearing, the affected Owner shall have the right, personally or by a representative, to give testimony orally, in writing or both, subject to any reasonable rules of procedure established by the Board to assure a prompt and orderly resolution of the issues. Such evidence shall be considered in making the decisions but shall not bind the Impartial Decision Maker. The Board shall make its records relating to the violation that is the subject of the proposed Fine (other than records of any executive sessions of the Board as described in Section 4.3 of the Bylaws) available to the affected Owner either prior to or at the hearing. A record of the hearing shall be kept in the same manner as the keeping of minutes of Board of Directors meetings. The affected Owner shall be notified of the decision in the same manner in which notice of the hearing was given. (c) Failure to Appear. If the affected Owner fails to participate at the hearing and does not respond to the hearing notice with a request for an alternate time within the parameters described in subsection (a) above, the Board may act without a hearing. (d) Appeals. Any Owner shall have a right to appeal any Fine imposed by the Impartial Decision Maker by filing a written notice of appeal with the Board within ten (10) days after being notified of the decision. The Board shall conduct an appeal hearing within forty-five (45) days of the notice of appeal, giving the same notice and observing the same procedures as required at the original hearing. If no notice of appeal is delivered within the time set forth above, then the Impartial Decision Maker's determination at the hearing shall be deemed final and binding. Any decision rendered at an appeals hearing shall be deemed final and binding when rendered by the Board of Directors. (e) Specific Exclusions: General Enforcement. These notice and hearing provisions apply only in connection with Fines imposed by the Association or its Managing Agent. The term "Fine," as defined in the Declaration, expressly excludes, and these notice and hearing provisions shall not apply to, the levy or collection of Assessments (including Default Assessments), Late Charges, Interest Assessments, or Costs of Enforcement. Furthermore, notice and hearing shall not be required prior to the Association's pursuit of remedies other than fines for violation, and nothing contained in this Section 5 shall be deemed or construed to limit the Association's right to enforce the provisions of the Condominium Documents through any proceedings at law or equity, or through mediation or arbitration, as applicable. Failure of the Association to enforce the Condominium Documents will not be deemed a waiver of the right to do so for any subsequent violations or abate and/or limit the accrual of Interest Assessments on any Unpaid Assessments. 4 EXHIBIT "G" 6. Dispute Resolution. The Board has adopted Article 22 of the Declaration as its dispute resolution policy. 7. Inspection and Copying of Records. The Board shall be responsible for keeping the Association books and records in accordance with the Bylaws. Such books and records shall be made available for inspection and copying by the Owners (or their agents) as set forth in Section 9.5 of the Bylaws and Section 38-33.3-317 of the Act. However, the Roster (as defined in the Bylaws) shall only be made available to Owners or their Designated Representatives if the following requirements are satisfied: (a) the demand is made in good faith and for a proper purpose; (b) the requesting Owner describes with reasonable particularity the purpose for which the member desires to copy the Roster; (c) the Roster is directly connected to the described purpose; (d) a certification and request for the Roster are delivered to the Board as further described below; and (e) the requesting Owner agrees to indemnify the Association from and against any and all losses sustained by virtue of improper use of the Roster by the requesting Owner or anyone who obtains the Roster from the requesting Owner. The term "proper purpose" means a purpose reasonably related to the Owner's interest as a member (for example, in connection with proxy solicitations, to enlist the support of other members in connection with matters to be voted upon, or other matters which the Board has deemed to be related to the requesting Owner's interest as a member of the Association). "Proper purpose" does not include, and the Roster shall not be used to interfere with other members' rights of privacy; to gratify a member's curiosity; to harass or annoy the Association, its Managing Agent, or their respective agents, staff or members; to share the Roster with a competitor of the Declarant or the Association; or for a speculative or commercial purpose. An Owner shall not further copy or distribute the Roster. 8. Investment of Reserve Funds. Any reserve funds approved by the Board and collected by means of Assessments (including any Special Assessments for reserves), or otherwise, shall be deposited into a segregated interest bearing account. The account shall be subject to any applicable requirements of the Act and any applicable tax and/or other laws and regulations. In addition, any withdrawal from the reserve account will require two signatures, at least one of which will be an officer of the Association, and no such withdrawal will be made without approval by the Board. 9. Adoption and Amendment of Policies, Procedures and Rules. Amendments to these Policies may be appropriate, desired, or necessary from time -to -time. Any such amendments may be undertaken and adopted by the Board, subject to any applicable requirements of the Condominium Documents and/or the Act (such as requirements relating to amendments that would operate to discriminate against any Class). 5 EXHIBIT "G"