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HomeMy WebLinkAboutPEC070061TOWN OF VAE 00M%JNITY DEVELOPMENT Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 te1:970.479.2139 fax: 970.479.2452 web: www.vailgov.com Project Name: FOGATA MODEL UNIT PEC Number: PEC070061 Project Description: FINAL APPROVAL FOR A MAJOR EXTERIOR ALTERATION FOR THE FOGATA MODEL UNIT AT THE LIONSHEAD INN Participants: OWNER LIONSHEAD INN LLC 09/25/2007 705 W LIONSHEAD CIR VAIL CO 81657 APPLICANT MAURIELLO PLANNING GROUP, LL09/25/2007 Phone: 970-748-0920 PO BOX 1127 AVON CO 81620 License: 0000001697 Project Address: 705 W LIONSHEAD CR VAIL Location: LIONSHEAD INN UNIT SHOWROOM Legal Description: Lot: 1 Block: 2 Subdivision: VAIL LIONSHEAD FIL 3 Parcel Number: 2101-063-0400-2 Comments: BOARD/STAFF ACTION 1-076Ahucc2 3,z~- Motion By: KJESBO Second By: VIELE Vote: 6-0-0 Conditions: Action: APPROVED Date of Approval: 10/22/2007 Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond:300 PEC approval shall not be not become valid for 20 days following the date of approval. Cond: CON0009520 Approval of this major exterior alteration for the construction of a new dwelling unit at the Lionshead Inn, located at 705 West Lionshead Circle/Part of Lot 1, Block 2, Vail Lionshead Filing 3, shall become valid upon the Planning and Environmental Commission granting final approval of the Applicant's proposal to redevelopment the Lionshead Inn building (i.e. Fogata PEC07-0027 and PEC07-0028). Cond: CON0009521 Approval of this major exterior alteration for the construction of a new dwelling Planning and Environmental Commisson ACTION FORM unit at the Lionshead Inn, located at 705 West Lionshead Circle/Part of Lot 1, Block V 2, Vail Lionshead Filing 3, shall be valid until June 30, 2008, or until the demolition of the Lionshead Inn building, whichever occurs first. Cond: CON0009522 If the Lionshead Inn building has not been demolished or otherwise rendered un-occupied, the Applicant shall revert the new dwelling unit for the construction of a new dwelling unit back into three accommodations as originally configured prior to December 1, 2008. Cond: CON0009523 The new dwelling unit at the Lionshead Inn, located at 705 West Lionshead Circle/Part of Lot 1, Block 2, Vail Lionshead Filing 3, shall not function as business office (i.e. real estate office). Planner: Bill Gibson PEC Fee Paid: $800.00 a Major Exterior Alteration Application for Review by the Plannina and Environmental Commission Lit 1 , Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 0 tel: 970,479.2128 fax: 970.479.2452 web: www.vailgov.com General Information: O All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a building permit application. Please refer to the submittal requirements for the particular approval that is requested. An application for Planning and Environmental Commission review cannot be accepted until all required information is received by the Community Development Department. The project may also need to be reviewed by the Town 01 Council and/or the Design Review Board. r Type of Application and Fee: 4ON"Oft ❑ Rezoning $1300 12 Conditional Use Permit $650 ❑ Major Subdivision $1500 ❑ Floodplain Modification $400 ❑ Minor Subdivision $650 ❑ Minor Exterior Alteration $650 ❑ Exemption Plat $650 ® Major Exterior Alteration $800 ❑ Minor Amendment to an SDD $1000 ❑ Development Plan $1500 ❑ New Special Development District $6000 ❑ Amendment to a Development Plan $250 ❑ Major Amendment to an SDD $6000 ❑ Zoning Code Amendment $1300 ❑ Major Amendment to an SDD $1250 ❑ Variance $500 (no exterior modifications) ❑ Sign Variance $200 Description of the Request: Major exterior alt to allow for a model unit at the Lionshead Inn. Location of the Proposal: Lot: 1 Block: 2 Subdivision: Vail Lionshead Filing 3 Physical Address: 705 West Lionshead Circle Parcel No.: 210106304002 210106304003 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Zoning: Lionshead Mixed Use - 1 0 W Name(s) of Owner(s): Lionshead Inn LLC Mailing Address: 705 W. Lionshead Cicle EF 2 12007 Vail, Co 81657 Phone: Owner(s) Signature(s): OWN OF VAIL Name of Applicant: Mauriello Planning Group Mailing Address: P.O. Box 1127 Avon, CO 81620 Phone; 970-748-0920 E-mail Address: allison@mpgvail.com Fax 970-748-0377 rur umce ygsg%,tniy: l A 4.&-j r rci La LA AA N&) 6-4091 Fee Paid: Check No.: By: Meeting Date: PEC No.: Planner: Project No.: F:\cdev\FORM e s P1anning\PEC\maj_ext_a1t10-18-2006.doc o 7f\ 1 / 6 III. BACKGROUND The subject site was annexed into the Town of Vail on August 23, 1969, through Ordinance 8, Series of 1969. The subject site was originally platted as part of the Vail Lionshead, Filing 3 Subdivision on October 12, 1971; and the existing Lionshead Inn was constructed in 1974. The subject site was re-zoned from Commercial Core 2 to Lionshead Mixed Use 1 on March 16, 1999, through Ordinance 4, Series of 1999. The Planning and Environmental Commission and Design Review Board have held multiple public hearings to discuss the Applicant's proposal to demolish and redevelop the Lionshead Inn as part of the Fogata development project (PEC07-0027 and PEC07- 0028). At the time of publication of this memorandum, the Applicant has not yet obtained Planning and Environmental Commission approval of the Fogata project. IV. APPLICABLE PLANNING DOCUMENTS A. Title 12, Zoning Regulations, Vail Town Code CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part Section 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. B. 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. 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. 2 ARTICLE 12-7H: LIONSHEAD MIXED USE 1 (LMU-1) DISTRICT (in part) Section 12-7H-1: Purpose: The Lionshead Mixed Use 1 District is intended to provide sites for a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge dwelling units, restaurants, offices, skier services, and commercial establishments in a clustered, unified development. Lionshead Mixed Use 1 District, in accordance with the Lionshead Redevelopment Master Plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the District by establishing appropriate site development standards. This District is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. This Zone District was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentives in this Zone District include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead Redevelopment Master Plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead Redevelopment Master Plan. Additionally, the incentives are created to help finance public off-site improvements adjacent to redevelopment projects. With any development/redevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated. streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. B. Lionshead Redevelopment Master Plan Section 2.3 Policy Objectives (in part) 2.3.1 Renewal and Redevelopment Lionshead can and should be renewed and redevelopment to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. 2.3.3 Stronger Economic Base Through Increase Live Beds In order to enhance the vitality of Vail, renewal and redevelopment in Lionshead must promote improved occupancy rates and the creation of additional bed base ("live beds" or "warm beds') through new lodging products. Section 4.13 Live Beds The maintenance, preservation, and enhancement of the live bed base are critical to the future success of Lionshead and as such, special emphasis should be placed on increasing the number of live beds in Lionshead as the area undergoes redevelopment. The Lionshead area currently contains a large percentage of the Town's overall lodging bed base. The bed base in Lionshead's consists of a variety of residential and lodging products including hotels, condominiums, timeshares and hybrids of all three. The vast majority of live beds in Lionshead are not accommodation units in hotels, but instead, in dwelling units in residential condominiums such as the Vail 21, Treetops, Antlers Lodge, Lion Square Lodge, Lifthouse Lodge, Landmark Tower and Townhomes, 3 Lionshead Arcade, and Montaneros, all of which have some form of rental/property management program that encourages short term rental of dwelling units when the owners are not in residence. It has been the experience in Lionshead that condominium projects which include a voluntary rental management program have occupancy rates which exceed the occupancy rate of hotel products, and therefore tend to provide more live beds and produce more lodging tax revenues to the Town. Applications for new development or redevelopment which maintain, preserve, and enhance the live bed base in Lionshead have a significantly greater chance of approval in the development review process than those which do not. 4.13.1 Live Bed Definition Pursuant to Policy Objective 2.3.3, live beds (and warm beds) are defined as residential or lodging rooms or units that are designed for occupancy by visitors, guests, individuals, or families, on a short term rental basis. A live bed may include the following residential products: accommodation units, fractional fee club units, lodge dwelling units, timeshare units, attached accommodation units (i.e., lock-off units), and dwelling units which are included in a voluntary rental management program and available for short term rental. 4.13.2 Location of Live Beds Live beds should be located in Lionshead pursuant to the Lionshead Mixed Use 1 and 2 zone districts. All properties within Lionshead, when developing or redeveloping and providing new residential or lodging products, should provide live beds as defined herein. 4.13.3 Hotel-types of Services and Amenities To aid in the furtherance of Policy Objective 2.3.3 of the Plan, the creation of additional live beds should include hotel-types of services and amenities. Such services and amenities may include, but not be limited to, the operation of a front desk, registration/reservation capabilities, recreational amenities, guest drop-off, on-site management, etc. These types of services and amenities in multiple family residential dwellings will increase the likelihood that the dwelling units will be made available for short term occupancy and help to promote improved occupancy rates. 4.13.4 Review of New Development and Redevelopment Projects The Planning and Environmental Commission shall consider the policies and direction given by this Plan with respect to live beds when reviewing new development and redevelopment projects in Lionshead. Applications for new development or redevelopment shall maintain the live bed base in Lionshead. Applications for new development and redevelopment which enhance the live bed base have a significantly greater chance of approval in the development review process than those which do not. A proposal's adherence to the policies contained in the adopted master plan will be one of the factors analyzed by staff, the Planning and Environmental Commission (PEC), the Design Review Board (DRB), and the Town Council (as applicable) in determining whether to approve or disapprove the specific proposal. 4 Chapter 5, Detailed Plan Recommendations (in part) Lionshead Inn, Lionshead Annex, Enzian Cluster Redevelopment and/or enhancement of the buildings in this cluster at West Lionshead Circle and South Frontage Road (see figure 5-19) is encouraged. 5.15. The Pedestrian Street The existing structures are recessed from the street, elevated above it, and separated from it by surface parking lots. To improve the pedestrian character of the neighborhood, a better relationship with the street is desirable. The principal objective for redevelopment in this area is to engage the surrounding pedestrian environment, either by adding building elements toward the street or by lowering the finish grade at the entries so that they are closer to the level of the street. 5.15.2 Access and Street Frontage The existing accesses into these properties should be adjusted to align with the opposing curb cuts on the east side of West Lionshead Circle. The street edge should be strengthened for pedestrian use with landscaping, enhanced signage, and retaining walls as described in the site design guidelines, chapter six. The Lionshead Inn secured a permit in the past which is now expired to add another vehicular access point from the South Frontage Road, and the property owner is encouraged to pursue the opportunity to screen the surface parking lot on the north and regrade the lot to reduce the significant cross-slope. 5.15.3 Building Height Because it sits considerably above the frontage road, the Lionshead Inn is encouraged to explore a ground level or lower floor infill solution if development scenarios are pursued. Additional building height, if proposed, must conform to the design guidelines. 5.15.4 Preservation of Existing Live Beds The Lionshead Inn and Lionshead Annex presently contain 85 accommodation units. Given the importance and need for live beds to the vitality and success of the community, any future redevelopment of the sites shall ensure the preservation of short term accommodation on the site. The preservation of live beds should focus on maintaining the number of existing live beds and the amount of gross residential square footage devoted to that use on the site. With this in mind, the quality of the existing live bed base could be upgraded and the rooms could be reconfigured to create increased lodging opportunities. In no instance, however, shall the amount of gross residential floor area devoted to live beds be reduced. The construction of "attached accommodation units", "lodge dwelling units", `Timeshare units". "fractional fee club units", and dwelling units in a voluntary rental program, as defined in the Zoning Regulations, could significantly increase the availability of short term rental opportunities within the building. 5 V. ZONING ANALYSIS Zoning: Lionshead Mixed Use 1 District Land Use Plan Designation: Lionshead Redevelopment Master Plan Area Current Land Use: Lodge Development Standard Existing Required Proposed Required Net Change Parking 2.1 spaces 1.4 spaces -0.7 spaces Note: no other development standards are affected by this proposal. VI. SURROUNDING LAND USES AND ZONING Land Uses Zoning North: S. Frontage Road and 1-70 Not Zoned South: Multiple-Family Lionshead Mixed Use 1 District East: Mixed Use Lionshead Mixed Use 1 District West: Multiple-Family Lionshead Mixed Use 1 District VII. MAJOR EXTERIOR ALTERATION REVIEW CRITERIA Section 12-71-1-8, Compliance Burden, Vail Town Code, outlines the review criteria for major exterior alteration applications proposed within the Lionshead Mixed Use 1 (LMU- 1) District. According to Section 12-71-1-8, Vail Town Code, a major exterior alteration shall be reviewed for compliance with the following criteria: 1. That the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 zone district; Staff Response: The purposes of the Lionshead Mixed Use 1 District are stated in Section 12-71-1-1, Purpose, Vail Town Code. As stated, the Lionshead Mixed Use 1 Zone District is intended to provide sites within the area of Lionshead for a mixture of multiple-family dwellings, hotels, fractional fee clubs, restaurants, skier services and commercial/retail establishments. The development standards prescribed for the district were established to provide incentives for development in accordance with the goals and objectives of the Lionshead Redevelopment Master Plan. The applicant is proposing to convert three existing accommodation units into a temporary dwelling unit. This dwelling unit will be a model of a proposed Fogata unit used for sales and marketing purposes by the Applicant to facilitate the pre-sale of units the Applicant considers necessary for proceeding with the demolition and redevelopment of the Lionshead Inn building. Although there will be a temporary displacement of "hot beds", Staff believes the proposed major exterior alteration conforms to these policy objectives since the proposed new dwelling unit will facilitate the Applicant's proposed demolition and redevelopment of the Lionshead Inn and Lionshead Inn Annex. Therefore, Staff finds that the major exterior alteration application complies with the intent of the zone district. 6 2. That the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan; Staff Response: Chapter 2: Introduction Section 2.3 of the Lionshead Redevelopment Master Plan outlines the six policies objectives of the plan: 1) Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. 2) Vitality and Amenities We must seize the opportunity to enhance guest experience and community interaction through expanded and additional activities and amenities such as performing arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. 3) Stronger Economic Base Through Increased Live Beds In order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead must promote improved occupancy rates and the creation of additional bed base ('live beds" or 'Warm beds') through new lodging products. 4) Improved Access and Circulation The flow of pedestrian, vehicular, bicycle and mass transit traffic must be improved within and through Lionshead. 5) Improved Infrastructure The infrastructure of Lionshead (streets, walkways, transportation systems, parking, utilities, loading and delivery systems, snow removal and storage capacity) and its public and private services must be upgraded to support redevelopment and revitalization efforts and to meet the service expectations of our guests and residents. 6) Creative Financing for Enhanced Private Profits and Public Revenues Financially creative and fiscally realistic strategies must be identified so that adequate capital may be raised from all possible sources to fund desired private and public improvements. Staff does not believe this proposal significantly affects the objective related to Vitality and Amenities, Improved Access and Circulation, or Improved Infrastructure. Staff believes this proposal for a new dwelling unit will facilitate the Applicant's larger redevelopment plan for this site, thus conforming to the objectives for Renewal and Redevelopment and Creating Financing for Enhanced Private Profits and Public Revenues. 7 Although there will be a temporary displacement of "hot beds", Staff believes the proposed major exterior alteration conforms to the Stronger Economic Base Through Increased Live Beds policy objectives, since the proposed new dwelling unit will facilitate the Applicant's proposed demolition and redevelopment of the Lionshead Inn. Chapter 4: Master Plan Recommendations Although there will be a temporary displacement of "hot beds", Staff believes the proposed major exterior alteration conforms to the Live Beds policy objectives of this Chapter since the proposed new dwelling unit will facilitate the Applicant's proposed demolition and redevelopment of the Lionshead Inn. Chapter 5: Detailed Plan Recommendations Although there will be a temporary displacement of "hot beds", Staff believes the proposed major exterior alteration conforms to these policy objectives since the proposed new dwelling unit will facilitate the Applicant's proposed demolition and redevelopment of the Lionshead Inn. Chapter 6: Site Design Guidelines This proposed major exterior alteration will not result in any changes to the exterior of the existing Lionhead Inn building. Chapter 7: Development Standards By converting three existing accommodation units into one dwelling unit, the parking requirements for the Lionshead Inn will be decreased by 0.7 spaces. No other development standards are affected by this proposal. Chapter 8: Architectural Design Guidelines This proposed major exterior alteration will not result in any changes to the exterior of the existing Lionhead Inn building. 3. That the proposal does not otherwise have a significant negative effect on the character of the neighborhood; and, Staff Response: This proposed major exterior alteration will not result in any changes to the exterior of the existing Lionhead Inn building. 4. That the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan. Staff Response: Upon review of the Vail Comprehensive Plan, Staff has determined that only the Lionshead Redevelopment Master Plan is applicable to this proposal. 8 A - Although there will be a temporary displacement of "hot beds", Staff believes the proposed major exterior alteration conforms to these policy objectives since the proposed new dwelling unit will facilitate the Applicant's proposed demolition and redevelopment of the Lionshead Inn. VIII. STAFF RECOMMENDATION The Community Development Department recommends approval, with conditions, of the major exterior alteration pursuant to Section 12-71-1-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the construction of a dwelling unit at the Lionshead Inn, located at 705 West Lionshead Circle/Lot 1, Block 2, Vail Lionshead Filing 3. Should the Planning and Environmental Commission choose to approve, with conditions, this major exterior alteration request, the Department of Community Development recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with conditions, the major exterior alteration pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the construction of a dwelling unit at the Lionshead Inn, located at 705 West Lionshead Circle/Lot 1, Block 2, Vail Lionshead Filing 31, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve, with conditions, this major exterior alteration request, the Department of Community Development recommends the following conditions: 1. "Approval of this major exterior alteration for the construction of a new dwelling unit at the Lionshead Inn, located at 705 West Lionshead Circle/Part of Lot 1, Block 2, Vail Lionshead Filing 3, shall become valid upon the Planning and Environmental Commission granting final approval of the Applicant's proposal to redevelopment the Lionshead Inn building (i.e. Fogata PEC07-0027 and PEC07-0028). 2. Approval of this major exterior alteration for the construction of a new dwelling unit at the Lionshead Inn, located at 705 West Lionshead Circle/Part of Lot 1, Block 2, Vail Lionshead Filing 3, shall be valid until June 30, 2008, or until the demolition of the Lionshead Inn building, whichever occurs first. 3. If the Lionshead Inn building has not been demolished or otherwise rendered un-occupied, the Applicant shall revert the new dwelling unit for the construction of a new dwelling unit back into three accommodations as originally configured prior to December 1, 2008. 4. The new dwelling unit at the Lionshead Inn, located at 705 West Lionshead Circle/Part of Lot 1, Block 2, Vail Lionshead Filing 3, shall not function as business office (i. e. real estate office)." Should the Planning and Environmental Commission choose to approve, with conditions, this major exterior alteration request, the Department of Community Development recommends the Commission makes the following findings: 9 "Pursuant to Section 12-7H-8, Compliance Burden, Vail Town Code, the Applicant has proven by a preponderance of the evidence before the Planning and Environmental Commission that the proposed major exterior alteration is in compliance with the purposes of the Lionshead Mixed Use 1 District, that the proposal is consistent with applicable elements of the Lionshead Redevelopment Master Plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan." IX. ATTACHMENTS A. Vicinity Map B. Applicant's Request C. Proposed Architectural Plans D. Public Notice 10 Attachment A 11 Attachment B APPLICATION FOR A MAJOR EXTERIOR ALTERATION IN THE LIONSHEAD MIXED USE-1 ZONE DISTRICT TO ALLOW FOR A TEMPORARY MODEL UNIT September 21, 2007 Report prepared by: J, I * il Mauriello Planning Croup v - ~b I. Consultant Directory Rocky Cortina, Project Director Lionshead Inn LLC 705 W. Lionshead Circle Vail, CO 81657 Axel Russell The Wells Partnership, Inc. 7951 E. Maplewood Avenue, Suite 200 Greenwood Village, Colorado 80111 303.892.6662 phone 303.770.6830 fax Will Henchel OZ ARCHITECTURE 1820 Folsom Street Boulder, Colorado 80302 P: 303.449.8900 F: 303.449.3886 whentschel@ozarch.com Roger Q. Burkart DHM 1390 Lawrence Street,Suite 100 Denver, CO 80204 (303) 892-5566 x324, rburkart@dhmdesign.com Jo Ann Higgins, AICP Fox Higgins Transportation Group, LLC P.O. Box 19768 Boulder, CO 80308-2768 Office: 303.485.0114 FAX: 303.772.2329 higgins@foxhiggins.com Kent Kriehn Alpine Engineering, Inc. Unit A9, Edwards Business Center Edwards, CO 81632 phone 970-926-3373 fax 970-926-3390 Allison Ochs Kent Mauriello Planning Group PO Box 1127 5601A Wildridge Road Avon, Colorado 81620 970.748.0920 phone 970.390.8530 cell 970.748.0377 fax allison@mpgvaii.com Fogata Lodge Model Unit September 21, zoo? 3 t II. Introduction Fogata Lodge is part of the billion dollar renewal that is sweeping the Town of Vail. Fogata, meaning bonfire in Spanish, is designed to be the guiding light for the entry to Lionshead Village and as a gateway to the mountain and Town of Vail. These luxury residences are designed to be clean, contemporary and provocative spaces with expansive natural day lighting and vaulted ceilings. Contemporary materials such as copper, stucco, and natural cedar will impart European styling, however, stay in line with the forty years of Vail traditions. A mixture of spacious 2-bedroom and penthouse units will capture the market niche that is absent in Vail making Fogata one of the most coveted new addresses at this world class year-round resort. We are submitting this application to allow for the construction of a temporary model display unit prior to the demolition and redevelopment of the Lionshead Inn properties. The model unit will occur on the fourth floor, with views towards Vail Mountain. The unit is laid out as a studio unit of approximately 1,221 sq. ft., but will include all of the finishes of the Fogata units. Specifically, we are submitting the following application: Major Exterior Alteration - we are proposing to consolidate 3 accommodation units into a model unit during the 2007/2008 season. A major exterior alteration is required for a dwelling unit in the Lionshead Mixed Use - 1 zone district. It is important to note, however, that there are no exterior alterations proposed and that dwelling units are a permitted use in this zone district. While we are calling this a "dwelling unit" it is not operated as a dwelling unit. We are requesting this use for until June 2008, and should the redevelopment not occur, we would restore the 3 accommodation units. III. Existing Conditions The Lionshead Inn properties were originally developed as The Enzian Lodge, later to become the L'Ostello (now the Lionshead Inn), the Enzian Condominiums, and the Va Lodge (now the Lionshead Inn Annex), which was originally a Best Western. They it Glo were Fogata Lodge Model Unit September 21, 2007 4 Z I developed on a portion of Lot 1, Block 2, Vail/Lionshead Third Filing, and were subsequently subdivided. The Enzian Condominiums are surrounded by property which is owned by the Lionshead Inn. Vail/Lionshead, Filing 3 was recorded in 1971. This plat created Lot 1, Block 2, Vail Lionshead Third Filing, upon which Vail Spa and the Lionshead Inn properties sit. The Enzian at Vail Condominium Map was recorded in 1974. The plat indicates that both the Enzian Condominiums and the Enzian Lodge (which later became the Lionshead Inn) are located on a Part of Lot 1, Block 2, Vail Lionshead Filing 3. The Enzian Condominiums are surrounded by property owned by Lionshead Inn. The drive to the east and south of the Enzian Condominiums is an access easement across Lionshead Inn property. The existing uses on the site are as follows: Dwelling GRFA Accommodation Restaurant Units Units Lionshead Inn 0 18,451 sq. ft. 52 2,560 sq. ft. Lionshead Inn Annex 1 10,412 sq. ft. 33 0 TOTAL 1 28,863 sq. ft. 85 2,560 sq. ft. While not all of the information is available on the existing sites, according to our research, the development statistics for the site are as follows: 'Lnstie adlli Uoiisfiead Inn Annex' - Tn tal~t-„ sq. ft. acres sq. ft. acres sq. ft. acres 40,359 0.9265 27,967 0.64 23 68,326 5688 1 . -....~j ..'sx ~atentr ie~~4 8 3uCW-41~ng- } eJ. ~~ten'4iG~1 r aYts 3 , , ~b - kF1 - Setbacks 10 f.t 10 ft. 40 ft. 10 ft. 10 f.t 10 ft. Height-max 80 ft. 82.5 ft. 48 ft. 82.5 ft. 80 ft. 82.5 ft. Height-average NA 71 ft. NA 71 ft. NA 71 ft. Density* (dwelling units) 0 32.47 1 22.48 1 54.9 GRFA (sq. ft.) 18,451 100,898 10,412 69,918 28,863 170,816 Site Coverage (sq. ft.) 7,968 28,251 unavailable 19,577 unavailable 47,828 Landscape Area (sq. ft.) 3,406 8,072 unavailable 5,593 unavailable 13,665 *in LHMU-1 accommodation units do not count as density. Fogata Lodge Model Unit September 21, 2007 f IL Throughout the years, little has been done to redevelop the properties. Beginning in the late 1980s, various applications were submitted for the redevelopment of the current Lionshead Inn building. In 1989, the Town Council approved a redevelopment which included adding an additional story to the building, along with removing the berm and undergrounding all the parking. This required a height variance, based on the more restrictive Commercial Core 2 zone district. Also, as a part of this proposal, a deed restriction for a Type 3 employee housing unit was recorded. However, this redevelopment was never completed. In 1993, the owners of the Lionshead Inn attempted a similar redevelopment proposal. Again, the redevelopment was not completed. In April of 2006, the Town of Vail passed a moratorium on all new development within the Lionshead area. The ordinance prohibited the filing of any development application that would cause a reduction in the existing number of hotel rooms, employee housing units or parking spaces within the Lionshead zone district. In July of 2006, Resolution No. 4 was approved, amending the Lionshead Redevelopment Master Plan with regards to the preservation of "live beds", including specific language for the Lionshead Inn properties. IV. Zoning and Parking Analysis Zoning Analysis sq. ft. 40,359 acres 0.9265 Setbacks 10 f.t NO CHANGE Height-max 80 ft. NO CHANGE Height-average NA NO CHANGE Density* (dwelling units) 0 1 GRFA (sq. ft.) 18,451 NO CHANGE Site Coverage (sq. ft.) 7,968 NO CHANGE Landscape Area (sq. ft.) 3,406 NO CHANGE Fogata Lodge Model Unit September 21, 2007 6 . Parking Analysis: 3 accommodation units @.7 per unit = 2.1 spaces 1 dwelling unit @ 1.4 per unit = 1.4 spaces Parking Requirement = -.7 space (NO CHANGES PROPOSED TO PARKING) V. Criteria for Review The Lionshead Mixed Use-1 Zone District does not supply criteria for review as in the case of a Special Development District. However, it does offer a description of the "compliance burden". In addition, we are requesting conditional use permits so the criteria for review of a conditional use permit has been provided for the business office on the second floor. 12-71-1-8: COMPLIANCE BURDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before the planning and environmental commission and the design review board that the proposed exterior alteration or new development is in compliance with the purposes of the Lionshead mixed use 1 district, that the proposal is consistent with applicable elements of the Lionshead redevelopment master plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail comprehensive plan. A. Purpose of the LMU-1 Zone District The Lionshead Mixed Use 1 zone district was created in 1999, as the implementation phase of the Lionshead Redevelopment Master Plan. The zone district rezoned all Lionshead properties from Commercial Core 2 to LMU-1. It intended to create incentives for properties to redevelop. The purpose of the LMU-1 zone district is as follows: The Lionshead mixed use 1 district is intended to provide sites for a mixture of multiple- family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling units, restaurants, offices, skier services, and commercial establishments in a clustered, unified development. Lionshead mixed use 1 district, in accordance with the Lionshead redevelopment master plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desirable qualities of the zone district by establishing appropriate site development standards. This zone district is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead redevelopment master plan. This zone district was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, Fogata Lodge Modei Unit September 21, 2007 7 t T and commercial core area. The incentives in this zone district include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead redevelopment master plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead redevelopment master plan. Additionally, the incentives are created to help finance public off site improvements adjacent to redevelopment projects. With any development/redevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. Our Analysis: The consolidation of 3 accommodation units into the model unit will be a temporary situation, proposed for a period of eight months, prior to the demolition and redevelopment of the Lionshead Inn properties. While it is temporary in nature, it is important to note that this request does comply with the Lionshead Mixed Use - 1 zone district. For the purposes of this application, the use is considered a dwelling unit, which is a permitted use in this zone district. However, the unit is to serve as a model unit only and will not be occupied or functional as a dwelling unit. It is intended to allow potential purchasers of units the opportunity to view the proposed finishes of the units in Fogata. The Fogata project has been reviewed and approved in its entirety by the Town of Vail and demolition is currently scheduled for Spring of 2008. B. Lionshead Redevelopment Master Plan Compliance Our Analysis The Lionshead Redevelopment Master Plan was adopted by the Town of Vail on December 15, 1998. It is a guide for property owners proposing to undertake development or redevelopment of their properties and the municipal officials responsible for planning public improvements. The Lionshead Redevelopment Master Plan (LRMP) sets out recommendations for the entire Lionshead area, provides detailed plan recommendations for specific areas, and outlines site design and architectural design guidelines, and then provides specific development standards that are implemented through the Lionshead Mixed Use-1 zone district. For the purposes of the application, only the applicable portions of the LRMP have been identified. A full review of the Lionshead Redevelopment Master Plan in regards to the redevelopment of the Lionshead Inn was provided in previous applications. The following are the policy objectives from the LRMP: Fogata Lodge Model Unit September 21, 2007 „ r ~ Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. Vitality and Amenities We must seize the opportunity to enhance guest experience and community interaction through expanded and additional activities and amenities such as performing arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. Stronger Economic Base Through Increased Live Beds In order to enhance the vitality and viability of Vail, renewal and redevelopment in Lionshead must promote improved occupancy rates and the creation of additional bed base ("live beds" or "warm beds") through new lodging products. Live beds and warm beds are best described as residential or lodging rooms or units that are designed for occupancy by visitors, guests, individuals, or families on a short term rental basis. In order to improve occupancy rates and create additional bed base in Lionshead, applications for new development and redevelopment projects which include a residential component shall provide live beds in the form of accommodation units, fractional fee club units, lodge dwelling units, timeshare units, attached accommodation units (Le, lock-off units), or dwelling units which are included in a voluntary rental management program and available for short term rental. Further, it is the expressed goal of this Plan that in addition to creating additional bed base through new lodging products, there shall be no net loss of existing live beds within the Lionshead Redevelopment Master Plan study area. Improved Access and Circulation The flow of pedestrian, vehicular, bicycle and mass transit traffic must be improved within and through Lionshead. Improved Infrastructure The infrastructure of Lionshead (streets, walkways, transportation systems, parking, utilities, loading and delivery systems, snow removal and storage capacity) and its public and private services must be upgraded to support redevelopment and revitalization efforts and to meet the service expectations of our guests and residents. Creative Financing for Enhanced Private Profits and Public Revenues Financially creative and fiscally realistic strategies must be identified so that adequate capital may be raised from all possible sources to fund desired private and public improvements. Chapter 5: Detailed Plan Recommendations Chapter 5 of the LRMP provides detailed plan recommendations for every area of Lionshead. This section provides the language from the LRMP regarding the detailed plan recommendation for the Lionshead Inn properties, and includes the July 2006 amendment found in Resolution No. 4, requiring "no net loss of live beds" on the Lionshead Inn properties. Fogata Lodge Model Unit September 21, 2007 9 Preservation of Existing Live Beds The Lionshead Inn and Lionshead Inn Annex presently contain 85 accommodation units. Given the importance and need for live beds to the vitality and success of the community, any future development of the sites shall ensure the preservation of short term accommodation on the site. The preservation of live beds should focus on maintaining the number of existing live beds and the amount of gross residential square footage devoted to that use on the site. With this in mind, the quality of the existing live bed base could be upgraded and the rooms could be reconfigured to create increased lodging opportunities. In no instance, however, shall the amount of gross residential floor area devoted to live beds be reduced. The construction of attached accommodation units, lodge dwelling units, timeshare units, fractional fee club units, and dwelling units in a voluntary rental program, as defined in the Zoning Regulations, could significantly increase the availability of short term rental opportunities within the building. The Lionshead Inn generally has a less than 50% occupancy rate. With a 50% occupancy rate, there is no real loss of live beds and the redevelopment of this outdated property is necessary for the economic viability of the property. While the Lionshead Redevelopment Master Plan outlines no net loss of live beds, this use is temporary until the site is redeveloped in compliance with this master plan guideline. We would propose a condition of approval that would ensure that this use will last only for the 2007/2008 season, until demolition can occur. • Proposed Condition: The model unit shall only be in existence for eight months from the date of approval of the major exterior alteration, or until the date of demolition of the Lionshead Inn. If demolition does not occur within eight months of the above- mentioned date, the model unit shall be removed and the 3 accommodation units will be replaced. C. Character of the Neighborhood Our Analysis: The neighborhood of the Lionshead Inn properties has a variety of uses, ranging from residential to hotel to commercial. This application will have no impact on the character of the area. Fogata Lodge Model Unit September 21, 2007 10 . D. Other Applicable Elements of the Vail Comprehensive Plan Our Analysis. The Lionshead Redevelopment Master Plan has been covered in depth in previous sections of this submittal and is incorporated here by reference. The Vail Land Use Plan, which was originally adopted in 1986, also includes goals that are applicable to this project. 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. 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved through implementation of the Urban Design Guide Plan and the Vail Village Master Plan. Now over 30 years old, the Town of Vail Land the concepts of the plan are applicable t compliance with the Vail Land Use Plan. Use Plan is outdated in general, but many of i development today. The proposal is in Fogata Lodge Model Unit September 21, 2007 11 TOWN OF VAIL C/O FINANCE DEPT 75 S FRONTAGE RD VAIL, CO 81657 VAIL CORP PO BOX 7 VAIL, CO 81658 LANDMARK CONDO ASSOCIATION GEOFFREY WRIGHT 610 W LIONSHEAD CR VAIL, CO 81657 CONCERT HALL PLAZA CONDOMINIUM ASSOCIATION JENNIFER L LUFMAN 1700 Lincoln Street, Suite 2400, DENVER, CO 80203 MONTANEROS CONDOMINIUM ASSOCIATION, INC. KEITH ODZA 641 W LIONSHEAD CIR, VAIL, CO 81657 THE MARK-LODGE CONDOMINIUM ASSOCIATION, INC. Dave Pease 715 West Lionshead Circle Vail, CO 81657 DIAMONDROCK VAIL OWNER LLC C/O DIAMONDROCK HOSPITALITY CO 6903 ROCKLEDGE DR STE 800 BETHESDA, MD 20817 FINK, DAVID H. & AMY L. 2900 LAKEWOODS CT W BLOOMFIELD, MI 48323 VAIL VALLEY RENTALS LLC 140 FAIRFAX ST DENVER, CO 80220 FILES, JEFF P. 1019 KIMBALL DR DURHAM, NC 27705 DIAMONDROCK VAIL OWNER LLC C/O DIAMONDROCK HOSPITALITY CO 6903 ROCKLEDGE DR STE 800 BETHESDA, MD 20817 BOSELLI FAMILY PTNSHP 3195 LAFAYETTE DR BOULDER, CO 80303 VAIL VALLEY RENTALS LLC 140 FAIRFAX ST DENVER, CO 80220 ARTINIAN, RON 5 BRISTOL DR MANHASSET, NY 11030 KUSHNER, SANDRA R. & LOUIS C/O ROTHMAN GORDON FOREMAN & GROUDINE PC THIRD FLOOR GRANT BUILDING PITTSBURGH, PA 15219 HAVENS SEPARATE PROPERTY LIVING TRUST GARY J. HAVENS TRUSTEE 226 14TH ST SANTA MONICA, CA 90402 SCHNELL, PAUL & MADELEINE D. 225 CENTRAL PARK NEW YORK, NY 10024 INFINITY HOLDINGS AT VAIL LLC 7400 E CRESTLINE CIR 125 GREENWOOD VILLAGE, CO 80111 BILLOTTI, PATRICIA 18 POWDER HILL SADDLE RIVER, NJ 07458 ECCKER, JOHN F. & PATRICIA L. 7734 LAUREL LEAF DR Fogata Lodge Model Unit September 21, 2007 12 POTOMAC, MD 20854 CAPLA, TOMAS J. & JUDITH J. 2500 JOHNSON AVE RIVERDALE, NY 10463 VAIL SPA CONDOMINIUM ASSOC 710 W LIONSHEAD CIR VAIL, CO 81657 VAIL SPA CONDOMINIUM ASSOCIATION DANN PETER PO BOX 5480, AVON, CO 81620 ENZIAN AT VAIL CONDOMINIUM ASSOCIATION GEOFFREY WRIGHT 610 W LIONSHEAD CIR, VAIL, CO 81657 CDOT 4201 E. Arkansas Avenue Denver, CO 80222 Fogata Lodge Model Unit September 21, 2007 13 Attachment C F~sSFF Sa .-T Eef Ad'a" ~~E}'v Ea F~S"j$~ i~QAOAC~•^ T_~~a _•4Pi'RL.T.i~.~•'R.a. 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YH-x;" 2 € iY 8 a 77 a pO rX w ~H ai a G a ~ a E R L q IP+ G7 v F r _ _ r Fr xF 4 na b 9 aS qv_ ji Q~ py ~ f_,-3~a F ~"3~" A~ f8 [ } ~i= g = 'B ~a ` ~ rnAf F & R8~1?_ ~ CRaR4 ~e^ Y ee _ 6=F 'H lip p Y:~AS $$`R a €E,"~ -.qAqj; P~tF i a ~xji el aRA~ ~ M R v As$ s= ~ a ~ ~ A may= ~RR RA"R" Ga"4 @' R'§~. ,aaY € fA§Fp RR"_ g'C A~rla ~4FA°gg R s ~ gipl " $@ sR3 o g Y Y . $»F6 5Eas, 6A 2R E =ia F I~ Ffffs df w h€€ ppy~ypp2F2 pprn~;q = aC~$ p a MIA a.F v' G'~Y'F h9 R YYy ~ R(A' p s ~ ~ ~ F ~ C UNIT SHOWROOM p` ym~ R N a AT LIONSHEAD INN = d 8 $ S s VAIL, COLORADO v - x exe pf ~ F m ~s g; .qfk B ~ggg w e9R e4~ zFm _ a UNIT SHOWROOM iv Aa 7 s 4 g$ g AT LIONSHEAD INN a ti s e VAIL, COLORADO x Attachment D TOWN OF PAIL THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on October 22, 2007, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a final review of a variance, from Section 14-3-1, Minimum Standards, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for deviations from minimum deflection angle for driveway access, located at 2755 Snowberry Drive/Lot 10, Block 9, Vail Intermountain Subdivision, and setting forth details in regard thereto. (PEC07-0062) Applicant: Dave Hilb, represented by John G. Martin, Architect Planner: Bill Gibson A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the construction of a dwelling unit at the Lionshead Inn, located at 705 West Lionshead Circle/Part of Lot 1, Block 2, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC07- 0061) Applicant: Lionshead Inn, LLC, represented by Mauriello Planning Group, LLC Planner: Bill Gibson A request for a final review of a variance from Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an addition within the west side setback, located at 2570 Bald Mountain Road/Lot 33, Block 2, Vail Village Filing 13, and setting forth details in regard thereto. (PEC07-0036) Applicant: Ed Williams, represented by William Hein Associates Planner: Bill Gibson A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3- 7, Amendment, Vail Town Code, for prescribed regulation amendments to Title 12, Vail Town Code, to require public art for certain development and redevelopment projects in Lionshead Mixed Use 1, Lionshead Mixed Use 2, Public Accommodations, Public Accommodations 2, Commercial Core 1, Commercial Core 2, Commercial Core 3, Ski Base Recreation, Ski Base Recreation 2 and Special Development Districts, and setting forth details in regard thereto. (PEC07- 0033) Applicant: Town of Vail Planner: Rachel Friede A request for a final review of a conditional use permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, to allow for modifications to a public building (emergency power generator), located at 75 South Frontage Road West (Town of Vail Administration Building)/Unplatted, and setting forth details in regard thereto. (PEC07- 0063) Applicant: Town of Vail Planner: Nicole Peterson . VV ^A OL%'l Page 1 ` .1 TOWN OF VAIL, COLORADO Statement Statement Number: R070001972 Amount: $800.00 09/25/200707:38 AM Payment Method: Check Init: JS Notation: 1344/MAURIELLO PLANNING GROUP Permit No: PEC070061 Type: PEC - Major Exterior Alt Parcel No: 2101-063-0400-2 Site Address: 705 W LIONSHEAD CR VAIL Location: LIONSHEAD INN UNIT SHOWROOM Total Fees: $800.00 This Payment: $800.00 Total ALL Pmts: $800.00 Balance: $0.00 ACCOUNT ITEM LIST: Account Code Description Current Pmts PV 00100003112500 PEC APPLICATION FEES 800.00 c R 11/2112005 2,03 51 PM pk PK File No. 614-110085,95-4136-DD, Ainendn►tnt No. 6 STANDARD COMMITMENT FOR TI'T'LE INSURANCE ISSUED BY First American Heritage Title Company AS AGENT FOR First American Title Insurance Company INFORMATION The Title Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy. The Company will give you a sample of the Policy form, if you ask. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. THIS INFORMATION IS 1NO`I' PART OF THE TITLE INSURANCE COMMI`I`MEN'I. YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. IF YOU HAVE ANY QUESTIONS ABOUT THE COMMITMENT PLEASE CONTACT THE ISSUING OFFICE. AGREEMENT TO ISSUE POIACV First American Title Insurance Company.. referred to in this commitment as the Company, through its agent First American Heritage Title Company, referred to in this Agreement as the Agent, agrees to issue a policy to you according to the terms of this commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this commitment becomes effective as of the Commitment Bate shown in Schedule A. If the Requirements shown in the Cominitment have not been met within six months after the Commitment date, our obligation under this Commitment will end. Also, our obligation tinder this Commitment will end when the Policy is issued and then our obligation to you will be under tare Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. "Fite Requirements in Schedule B-1. The Exceptions in Schedule B-2. 'I"'he Disclosures and Conditions contained in this Commitment. This Commitment is not valid without SCIiF.Dt.l1_.I% A and Sections I and 2 of SCHEDULE B attached. First American Title Insurance Company N-'LE 1N,{4 By President a~ By Secretary SF Mt[MY FR Pd, b its s ~ y ~ ~c'~LfFORN~A• By Countersigned First American Heritage Title Company COMMITMENT SCHEDULE A Commitment No: 6114-Nt1085795-036-DD, Amendment No. 6 1. Commitment Date: November 1, 2005 at 8:00 A.M. 2. Policy or polities to be issued: (a) Standard Owners Policy Proposed Insured: Lionshead :Inn, LL.C, a Colorado limited liability company (b) Loan Policy Proposed Insured: Policy Amount $ 14,000,000.00 $ 14,000,000.00 The Laredo National Bank 3. Fee Simple interest in the land described in this Commitment: is owned, at the Commitment hate by: Parcel A: VailGlo I..,odge, a Colorado general partnership Parcel I3: Lionshead Inn, LLC, a Colorado limited liability company 4. The land referred to in this Commitment is described as follows: See Exhibit A attached hereto and made a part hereof, (for informational purposes only) 701 W. Lionshead Circle, Vail, CO 51657 PREMIUM: Owners Policy Deletion-Items 1-5 OP Deletion-Items 1-5 MP Form 140.1-EPA Commercial Additional Parcels-MP Form 100.33-Patent End-(:)P Form 103.1--1;asements-MP $19..850.00 "Tax Certificate $15.00 $75.00 Loan Policy $140.00 $30.00 Form 100-restrict $1,000.00 $ I WOO Dorm 110.7-Var Rate Mtg $30.00 $150.00 Form 100.33-Patent End-OP $100.00 $100.00 -orl"orm 103.1-Easements-MP $50.00 $50.00 Form 116.4-Contiguous Par- $1,985.00 MP 11/21/2005 2:03: 52 PM pk PK I ` 6 1112112005 2:03:51 Pint pk PK File No.. 614414085795-036-M. Amendmtnt No, b CONDITIONS I. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that give constructive notice of matters afTecting the title according to state law where the land is located. (c) "[..and" means the land or condominium unit described in Schedule A and any improvements on the land which are real property. 2. LATER DEFECTS The Exceptions in Schedule 14 Scetiom 2 may be amended to show any defects, liens or encumbrance- that appear for the first time in public records or are created or attached between the Commitment irate and the date on which all of the Requirements of Schedule R Section I are met. We shall have no liability to you because of dtis amendment. 3. EXIS'TTNIG DEFECTS If any defects, liens or encumbrances existing at Commitment Darc are not shown in Schedule B. we may amend Schedule 13 to show them. If we do amend Schedule 13 to show these defects, liens or enctunbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell its about it in writing. 4. LIMITATION OFOUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements, If'we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: • comply with the Requirements shown in Schedule B -Section ! or • eliminate with our written consent any Exceptions shown in Schedule B - Section 2. We shall not be liable for more than the Policy Amount shown in Schedule A of this C:ommitinent and our liability is subject to the terms of the Policy form to be issued to you, CLAIMS MUST HE T3AS D ON THIS COMM[ I'M.EIN Y Any claim. whether or not based on negligence, which you may have against us concerning the title to the land must be based on this Commitment and is subject to it; iernrs. ISC'LOST.IRES NOTICE TO PROS PIf:CT14'L OWNERS (A SI'A'I'i.Mf-.NI MAUI' AS R.ht?(1R1 D BY COLORADO INSURANCE RHA)LATION) GAP PROTECTION When this Company conducts the closing and is responsible for recording or filing the legal documents resulting Crone the transaction, the Company shall be responsible for all -natters which appear on the record prior to such time of'recording or fling. MEC'ILANIC:'S LIEN I'RO'I'EC°I'I(.)N If you are a buyer of a sinale family residence you may request mechanic's lien coverage to lie issued on your policy of insurance. if the property being purchased has not been the subiect of constr uctiun, improvements or repair in the last six months prior to the dale of this commitment, the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the seller. If the property being purchased was constructed, improved or repaired within six months prior to the date of this commitment. the requirements may involve disclosure of certain financial information, payment of premium-, and indemnity, among others. The general requirements stated above are subject to the revision and approval of the Company. SPECIAL. TAXINC DISTRIC-I NOTICE (A Notice Given In Conformity With Section 10-11-122 CKS-) The subject land may be located in a special taxing; district: a certificate of taxes due iistino, each taxing.ltnistfietion shall he obtained from the county treasurer or the county treasurers authorized agent. and inf?m ation regarding special districts and the boundaries of such districts may he obtained from the board of county cminrussioners, the county clerk and recorder, or the county assessor PRIVACY PROMISE 1:011 CUSTOMERS We will not reveal nonpublic personal information to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. CONSUMVR DECLARATION STATEMENT This Commitment for Title Insurance may include a Schedule H exception reference to recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate. If such reference is made, there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property. The referenced mineral estate may include the right to enter and use the property without the surface owner's permission. You nary be able to obtain title insurance coverage regarding any such referenced mineral estate severance and its effect upon your ownership. Ask your title company representative for assistance with this issue. 4 11121/2005 2.03.51 PM pk PK FAhibit A Parcel A: File No. 614-110085195-036-DI), Antt dment No. 6 A portion of Lot 1, Block 2, VaillLionhead, Third Filing, described as follows: Beginning at the most northerly corner of said Lot 1, which point is at the end of a 25 foot radius curve and on the southerly right of way line of Interstate !-Highway No. 70; thence southwesterly on said right of way line 125.00 feet along the are of a 3650 foot radius curve to the left whose central angle is I degrees 57 minutes 44 seconds and whose long chord bears S. 67 degrees 27 minutes I I seconds W. 124.99 feet; thence S. 23 degrees 02 minutes 46 seconds E. 210.84 feet; thence S. 79 degrees 10 minutes 53 seconds E. 80.94 feet to a point on the easterly line of said Lot I which is on the arc of it 150 foot radius curve, thence northerly along said easterly line on the following four courses: I 18.00 feet along the are of said curve to the left whose central angle is 6 degrees 52 minutes 32 seconds and whose long chord bears N. I degrees 26 minutes 16 seconds 1. 1799 feet to it point of tangent; 2_) N. 2 degrees 00 minutes W. 185.00 feel to a point of curve; 3.) 40.96 feet along the arc of a 125 fool radius curve to the left whose central angle is 18 degrees 46 minutes 32 seconds and whose long chord bears N. I I degrees 23 minutes 16 seconds W. 40.78 feet to a point of compound curve; and 4.) 39.61 feet along the arc of a 25 foot radius curve to the left whose central angle is 90 degrees 47 minutes 25 seconds and whose long; chord bears N. 66 degrees 10 minutes 14 seconds W. 35.60 feet to the point of beginning, County of Eagle, State of Colorado. Parcel B: "Chat part of Lot 1, Block 2, Vaihl...ionshcad, Third Filin& according to the Map thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder, described as follows: Beginning at a point on the Southerly right of way line of interstate highway No. 70 whence the most Northerly corner of said Lot I bears N. 67 degrees 27'l l" E. 124.99 feet; thence along said right of way, 150.01 feet along the arc of a 3650.00 foot radius curve to the left having a central angle of 02 degrees 2I' 17" and a chord that bears S. 65 degrees 17'41" W. 150.00 feet, to the Northeasterly corner of Vail Spa Condominiums according to the map thereof recorded in the office of Eagle County, Colorado Clerk and Recorder; thence departing said right of way S. 23 degrees 02'46" E. 178.40 feet along the Easterly boundary of said Vail Spa Condominiums to the Northwesterly corner of Enzian at Mail Condominiums according to the Map thereof recorded in the office of the Eagle County Clerk and Recorder; thence following nine courses along the Northerly, Easterly and Southerly, boundary of said Enzian at Vail Condominiums; 1) N. 66 degrees 57'00" E. 93.10 feet; 2) S. 23 degrees 03'00" E. 44.19 feet; 3) N. 66 degrees 57'00" E. 21.50 feet; 4) S. 23 degrees 03'00" F. 16.55 feet; 5) S,69 degrees 4454" L:. 40.47 feet; 6) 7.83 feet along the are of a 5.00 fiiot radius curve to the right having a central angle of 89 degrees 44'54" and a chord that bears S. 24 degrees 52'27" E. 7.06 feet; 7) S.20 degrees 00'00" W. 19.02 feet, 11/2 1/2005 2:03:51 PM pk PK File No.: 614-IiOIM5795-036-00, ,tmeadmeot \o. 6 8) S. 57 degrees 56'00" W. 16.91 feet; 9) S. 66 degrees 57'00°' W. 114.60 feet to said Easterly boundary of Vail Spa (.'ondominiums; thence S. 23 degrees 02'46" E. 17,38 feet along; said Easterly boundary to a point on the Northerly right of,,vay line of West Lionshead Circle; thence following two courses along; said right of way: 1) 20.97 feet along the are of a 289.00 foot radius curve to the right having a central angle of 04 degrees 09127" and a chord that bears S. 89 degrees 15'51" E. 20.97 feet 2) 230.22 feet along; the arc ofa 150.00 foot radius curve to the left having; a central angle of 87 degrees 56'19" and a chord that bears N. 48 degrees 50'42" E. 208.28 feet, thence departing said right of way N. 79 degrees 10'53" W. 80.94 feet; thence N. 23 degrees 02'46" W. 210.84 feet to the point of beginning, County of Nagle, State of Colorado. • "A " 1 V2U2W5 2:03.51 PM pk PK File No : 614.410485795-43tr•91i, :Amendment No. 6 Form No. 1344-131 (CO-88) ALT.A Plain Language Commitment SCIIEDUL1 B - Section I Requirements The following requirements must be met: a. Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured, Pay us the premiums, fees arid charges tOr the policy. C. Obtain a certificate of taxes due from the county treasurer or the county treasurer's authorized agent, d. The following documents satisfactory to us must he signed, delivered and recorded. 1. Warranty Deed sufficient to convey the fee simple estate or interest in the land described or referred to herein, to the Proposed Insured, Schedule. A, Item 2a. (As to Parcel A) 2. Deed of Trust sufficient to encumber the fee sutzple estate or interest in the land described or referred to herein forthe benefit of the Proposed Insured, Schedule A, Item 2 b. (As to Parcels A and B) Articles of Organization filed March 24, 1997 with the Colorado Secretary of State disclose Alejandro Diez Barroso to be the manager of Lionshead Inn. I.L C, a Colorado limited liability company 3. Recordation of Statement of Authority for B. E. Holzfaster Revocable Living 'T'rust, a trust, evidencing the existence of the entity and authority of the person authorized to execute and deliver instruments affecting title to real property on behalf of the entity, and containing the other information required by CRS 39-30-172 and/or 38-30-108.5. 4. Recordation of Statement of Authority firr VailGlo Lodge, a Colorado general partnership, evidencing the existence of the entity and authority of the person authorized to execute and deliver instruments affecting title to real property on behalf of the entity, and containing the other information required by CRS 39-30- 172 and/or 3 8-3 0-108.5. 5. Release of the Deed of Trust from Craig A. Ilolzfaster arid Byron E. Holzfaster also known as B. E. Holzfaster, individually and as trustee of B. E. HoIAaster Revocable Laving Trust to the Public Trustee of Eagle County for the benefit of WestStar Bank to secure an indebtedness in the principal sum of $825,000.00, and any other amounts and/or « bligations secured thereby, dated June 18, 1999 and recorded on August 28, 2000 at Reception Number 737715. (As to Parcel A) Termination of Financing Statement from Craig A. Holzfaster and VailGlo Lodge, Debtor, to WestStar Bank, Secured Party, filed with the Colorado Secretary of State oil May 17, 2001 at No. 2001 F011857, (As to Parcel A) Release of the Deed of Trust from L.ionshead Inn, LLC, a Colorado limited liability company to the Public Trustee of Eagle County for the benefit of The Laredo National Bank to secure all indebtedness in the principal sum of $"3,500,000.00, and any other amounts and/car obli{xations secured thcrebv, dated December 15, 1997 and recorded on F'cbruarv 06, 1998 at Reception Nuniber 646618. (As to Parcel R) The following material, which may not necessarily be recorded, must be furnished to the Company to its satisfactioI1 to-wit: 14 ' . 11/211200 2:03:51 I'M pk PK FHe No.: 6 14410081'795-036 - DD, ,A,,,,dmerit No. 6 Form No. 1344.131 (CO-88) ALTA Plain Language Commitment SCHEDULE B -Section I Requirements (Continued) e. Compliance with the provisions of Section 39-14-102, Colorado Revised Statutes, requiring completion and filing of a Real Property Transfer Declaration_ (As to Parcel A) f. Evidence satisfactory to the Company of Compliance with an ordinance enacting a real estate transfer tax within the Town of Vail together with all amendments thereto. (As to Parcel A) NOTE: Exceptions numbered 1 through 5 will not appear an the Mortgagee's or Owner's Policy provided the attached Affidavit and Agreement is properly executed and returned to this office. • ` 11/21/2005 2-03 3 1 PM I* PK File No. 6144100857%-036-DI), Amendment No, U Form No. 1344-B I (CCU-88) ALTA Plain Language Commitment SCHEDULE B - Section I Requirements (Continued) NOTE: IF THE SALES PRICE OF THE' SUBJECT PROPERTY EXCEEDS $100,000.00 THE SF,LLER SI-IAL:L BE REQUIRED TO COMPLY WITH THE DISCLOSURE, OR WITI- 1-IOLDING PROVISIONS OF CKS. 39-22-604.5 (NONRESIDENT WITHHOLDING). • -4 ' 11121i2005 2:03 51 JIM pk PK File No 614-1100857954136-I)D, Amendment No. 6 Form No. 1344-t32 (CO-$8) ALTA Plain Language Commitment `aCHEDI IL.~E B - Section 2 Exceptions Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction: '['axes and Assessments not certified to the Treasurer's Office. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. Easements, or claims of easements, not shown by public records, Discrepancies, conflicts in boundary lines, shortage in area, encroachments. and any facts which a correct survey and inspection of the land would disclose; and which are not shown by the public records. 5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. Any and all unpaid taxes, assessments and unredeemed tax sales. Note: Upon compliance with Schedule B-1 requirements herein, said exception will be amended to read: All taxes and assessments for the year 2005 and subsequent years, a lien, but not yet due or payable. 7. The right of proprietor ofa vein or lode to extract or remove his ore should the same be found to penetrate or intersect the premises thereby granted as reserved in United States patent recorded on Mav 24, 1904 in Book 48 at page 503, and any and all assignments thereof or interest therein. NOTE: Affirmative protection against item number(s) 7, of Schedule B, Section 2 will be afforded the Owner by means of E~:ndorsement 100.33. WTI`: Affirmative protection against item number(s) 7, of Schedule 13, Section 2 will be afforded the Lender by means of Endorsement 103.1. Right of way for ditches and canals constructed by the authority of the United States, as reserved in United States Patent recorded on May 24, 1904 in 'Book 48 at Page 503. NOTI.". Affirmative protection against item number(s) 8,. of Schedule 13, Section 2 will be afforded the Owner by means of hndorsement 100.33. NOTE: Affirmative protection against item number(s) 8, of Schedule B, Section 2 %Vill be afforded the (..,ender by means of Endorsement 103.1. Covenants, conditions and restrictions, which do not include a forfeiture or reverter clause, set forth in the instrument recorded on October 15, 1971 in Book 221 alt Page 991 and as amended by instrument recorded August 12, 1977 in Book 258 at Page 453). Provisions regarding race, color, creed, and national origin, if any, are deleted. W -A* 11/21.'2005 2:03:51 I'M pk Pt: Form No. 1344-132 (CO-88) ALTA Plain Language Commitment SCHEDULE B - Section 2 Exceptions (Continued) He No 614-110085795-036-DD. Amendment No. 6 10. Easements, reservations, and restrictions as shown on the plat recorded October 15, 1971 in Book 221 at Page 992 including, but not limited to, a thirty fc'ot utility easement along the northerly lot line of subject property. Items 7 through 10 affect both Parcels A and B. 1 l . An easement for ingress and egress and incidental purposes granted to Enzian Condominium as set forth on the Condominium Map recorded December 4, 1974 in Book 2137 at Page 675 and the Declaration for Enzian at Vail Condominiums recorded December 4, 1974 in Book 237 at Page 674. (As to Parcel B) 12. Terms, conditions. provisions, agreements and obligations contained in the Restrictive Covenants recorded on February 5, 1990 in Book 522 at Page 621. (As to Parcel B) 13. Terms, conditions, provisions, agreements and obligations contained in the Cable "Television Faulk Milling Agreement recorded on August 10, 1994 in Rook 647 at Page 422. (As to Parcel A) 14. Terms, conditions, provisions, agreements and obligations contained in the Settlement an(.[ Mutual Release Agreement recorded on ;March 3, 2004 at Reception Number 869684. (As to Parcel B) 15. "Terms, conditions, provisions, agreements and obligations contained in the Easement and Joint Maintenance Agreement recorded on 'March 3, 2004 at Reception Number 869685. (As to Parcel B) 16, Encroachment of rail wood fence onto West Lionshead Circle right of way as shown on the Improvement Survey Plat prepared by John R. Curran dated November 7, 2005. (As to Parcel A) Colorado Form 100 will be attached to the Mortgagee's Policy when issued.