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HomeMy WebLinkAboutVAIL VILLAGE FILING 1 BLOCK 6 LOT 5 SUMMER LODGE PART 2 LEGALt I - _ e+4a Ae{H rar\ Fgt's' +'tA+{ J+! \ s\t \ ,' 4l*Vr f* aoQbz.Yq" =,1'-o'' 3 rt\br- .-3U+aM?& booe- -Nar.r* eu'erl4t ot'\ ' F*-'t. MP+1 1't\1ao@ I ,Ii1 - a-&5.,€hW: -W\rC-%l.T ' vi': aie rlattl "L.lI J*.. DATE APPLICATION FOR A.APPLICANTNAME OF MAILING B. NAME OF MAILING ADDRESS APPLICANT'S ADDRESS PROPERTY Ol.lNER (print or vpe) SIGNATURE REPRE'ENrAr rur(Q*,x S . C,*p,anrp PHONE PHONE c.NAME OF OWNER'S MAILING PHONE ADDRESS D. LOCATION OF PROPOSAL FEE $'t 00. 00 MATERIALS TO BE I t1 \ ,<\-. 'A t- (-kl &ltrS7 E. E l. Three (3) copie-s, two of_which_qy:!.be mylars of a site map following the. requirements of Section .l7..|6.130(C) I ,2,3,4,6,7,g,9,.l0,.|1, l3 and l4 otthe Subdivision Regulations. 2. The condominium or townhouse p'l at shall a1 so include floor p1ans, e1 evationsand cross-sections as necessary to accurately determine indiVidu;1 air spacesand/or other ownerships and if the project wls built substantial 1y the ilme' as the approved p'lans. 3. A copy of the condominjum documents for staff review to assure that thereare maintenance provisions included for all commonly owned areas. G. APPROVAL PROCESS, REVIEW CRITERIA These can be found in chapter 17.22 of the subdivision Regulations. H. FILING AND RECORDING The zoning adminjstrator shall be the final signature requ'ired on the pl at sothat the Department of community Development wiil ue responsible for pi^omptlyrecording the approved plat with the Eagle county clerk ind Recorder.' I, LoTiBlocK_la_suBDrvrsron 74 ru t/l uuac;s:. rtlne l'-- paro_U 4W{_g,aa Sb SUBMITTED CONDOMINIIIM DECLAMTION FOR SIJMMERS LODGE CONDOMINII'MS RECITALS CARL W. SIMMERS, JR. ("Declarant"), is the owner of the real property situate in the County of Eagle, State of Colorado, described in Exhibit A attached hereto and made a part hereof. Declarant desires to establish a condominium project under the Condominium Ownership Act of Colorado ("the Act") and to define the character, duration, rights, obligations and limitations of condominium ownership. A building has been constructed on the real property described in Exhibit A, which building shall consist of separately designated condominium units. A condorninium map will be filed showing the location of said building on the real property, lthich is hereby made subject to this Declaration. Declarant does hereby establish a plan for the ownership of real property estates in fee simple consisting of the air space conEained in each of the units in the building and the co-ownership, by the individual and seParate owners thereof, as tenants in conrmon, of all of the remaining real property. DECLAMTION Declarant does hereby subject the real proPerty interests described in Exhibit A to this Declaration and publish and declare that the following terms, covenants, conditions, easements, restrictions, uses, reservations, limitations and obligations sha11 be deemed to run with such land, shall be a burden and a benefit to Declarant, its successors and assigns and any person acquiring or owning an interest in the real proPerty which is or becomes subject to this Declaration and improvementsbuilt thereon, their grantees, successors, heirs, personal representatives, devisees or assigns. 1. Definitions. As used in this Declaration, unless otherwis e expreGTf!-i6ifiled : (a) "Unit" means an individual air space unit contained rdithin the perimeter wal1s, floors, ceilings, windows and doors of a-unit in a building constructed on real property ( l -v' ) iiF:,.' which is subject to the provisions of this Declaration, and as shown and deicribed in a condominium map recorded in the real properry records of Eagle County, Colorado, together with (i) all iixturei and improvements therein; (ii) the inner decorated or finished surfaces of such unit's perimeter walls, floors and ceilings; (iii) the doors and windor+s of the unit; and (iv) the interior nonsupporting walls within the unit. The term does not include, howevii, the-undecorated or unfinished surfaces of the perimeter wal1s, floors or ceilings of a unit, aflI utilities running through the unit which serve more than one unit'- or any other general-corrnon element or part thereof located within the unit. (b) t'Condorninium unit" means a unit together wich the undivided interest in the general conmon elements aPPurtenant -thereto and the right to excluiive or non-exclusi-ve use of limited conmon elements associated therewith. (c) "Owner" means any individual, corporation, partnership, association, trust or other legal entity, or -tombinatioir-of legal entities, which is the record owner of an undivided fee siurple interest in one or more condominium units. (d) "General comrnon elements" means (i) the land included in the real property which at any tiue is subject to this Condominium Declaration;- (ii) the foundations, columns, girders, beams, supports, perimeter and supporting wa}1s, roofs, balconies, hal}s, corridors, lobbies, stairs, stalrrrlays, trre escaPes' entrances and exits of the buildings; (iii) the basements' yards, gardens, automobile parking areas and storage spaces; (iv) the installations, equipirent and materials making up the central services such as-power, lightr gas, hot and cold water, heating, refrigeration and- air conditioning and incinerating; - (v) the -tanksl pumps, motors, fans, compressors, ducts, and in generaf 1}fapparatus ind installations exiiting for cormton use; and (vi) all otfier parts of the real property which is not part of a unit. (e) "Limited coutrnon elements" means the Part of the general cormon elements assigned for the exclusive or non-6xclusive use and enjoyment of the owner or olfners of one or more, but less than a1l, units. (f) "Couton expenses" means: (i) aII expenses expressly declared to be coumon expenses by- this Declaration or by ttrl by-liws of the Association; (ii) all other expenses of adminisEering, servicing, conserving' managing, maintaining, repairing or-replacing Ihe general ioumon elementsl (iii) iniuranc6 oremiums foi the Insurance carried under Paragraph 9 herein; and (iv) all expenses lawfully determined to be coumon expenses by the board of directors of the Associatton. (gl "First lienor" means the holder of a promissory note payment of which is secured by a first mortgage.or first deed of trust encumbering an interest in a condominium unit.ttMortgage" shall include a deed of trust, and "mortgagee" shall include the beneficiary of a deed of trust (h) "Association" means Sunmers Lodge Condominium Association, a Colorado nonprofit corporation. (i) "Building" means the building improvements containing units located on real proPerty subject to this Declaration, and all other improvements constructed on the property subject to this Declaration. (j) The condominium units subject to this Declaration shall be known as Sumners Lodge Condominiums. (k) "Declaration" means this instrument and all Amendments or Supplements thereto hereafter recorded in the records of Eagle County, Colorado. (1) "sharing Ratio" of an os,ner is his Percentageinterest in the general connon elements aPpurtenant to his unit, as set forth in Exhibit B attached hereto and made a Part hereof. (n) "MaP" means the original condoutinium Map required to be recorded hereunder and all Amendments or Supplenents thereto hereafter recorded in the records of Eagle County, Colorado. 2. Division of Real Propertv into Estate occupancv of Coffi (a) The real ProPerty is hereby divided into 4 condominium units designated 1 through 4, inclusive, each consisting of a unit, in undivided interest in the general cormon elements ippurtenant to such unit, which interest- is set forth in Exhibit B,-ind the exclusive or non-exclusive right to use and enjoy limited conmon elements, as set forth in Exhibic B. (b) Any contract of sale, deqd, 1ease, deed of trust, mortgage, will or other instrument affecting a,condominium unit may deiciibe it by its unit number as shown on the Map, followei by the name of the condominium units and reference to this Declaration and to the Map (c) Declarant shall give written notice to the assessor of Eagle County, Colorado, in the manner provided in theAct, so that each condominium unit will be separately assessed and taxed. (d) Each condominium unit shall be inseparable and uay be conveyed, leased, devised or encumbered only as a condominium unit. Title to a condominium unit may be held individually or in any form of concurrent ownership recognized inColorado. In case of any such concurrent ownership, each co-ownershall be jointly and severally liable for performance and observance of all the duties and responsibilities of an "oqtner" wich respect to the condominium unit in which he owns an interest. (e) The condominium units sha1l be used and occupied solely for dwelling or lodging purposes, all as permitted by and subject to the appropriate and applicable governmental zoning and use ordinances, rules and regulations from time to timein effect. An owner shall have the right to lease his condominiumunit upon such terms and conditions as the owner may deem advisable; provided, however, that (i) any such lease shall be in writing and shall provide that the lease is subject to the termsof this Declaration, (ii) a condominium unit may be leased onlyfor the uses provided hereinabove, and (iii) any failure of a lessee to comply with the terms of this Declaration, Articles of Incorporation, Bylaws of the Association, or the rules of the Association sha1l be a default under the lease enforceable by the Association. 3. Condonigilur_Mgj.. Upon substantial cornpletion ofthe building, ai-d-!?I6i-T6-ES conveyance by Declarant of a condominium unit therein, Declarant shall cause to be filed for record in Eagle County, Colorado, the Map, which shall contain:(a) The legal description of the surface of the land; (b) the linear measurements and location, with reference to the exterior boundaries of the land, of the building and all other improvementsbuilt or to be built on the land; (c) the floor plans and linear dimensions of the interior of the building including the units, the general cotnmon elements which are not a part of any unit, and the limited cor"-on elements; (d) the designation by number orother symbol of each unit; (e) the elevation plans of thebuilding; and (f) the elevation of the unfinished interior surfaces of the floors and ceilings of the building, including theunits, as established from a datum plane, the distances betweenfloors and ceilings, and the linear measurements sho\.ting the thickness of the perimeter wa1ls of the building. Declarant reserves the right to amend the Map from time to time to conformit to the actual location of the building (including all parts thereof) and to escablish, vacate and relocate easements, access road easements and off site parking areas. 4. General Cosmon Elements; Encroachments. (a) The general conmon elements shall be owned in cornmon by atl the owners-and shall remain undivided. No owrler shall assert any right of partition with respect to the general courmon elements. Eich owner waives any and all fights ofpartition he may hold by virtue of his ownership of an undivided interesc in the general comnon elements as a tenant in comton with the other owners. ttri-s Paragraph shall not, however, limit or restrict the right of partition of a single condominium unit among the owners thereof, whereby the owners petition the court to sell the condominium unit and to allocate the sole proceeds among the owners, but such right of partition shal1 not be construed to mean a physical division or partition of a condominium unit' nor shal1 such right of partition affect any other condominium unit. (b) Each owner shall be entitled to use the general cournon elements in accordance with the purpose for which they are intended, without hindering, impeding or imposing upon the- rights of the other owners and in accordance with the rules and regulations duly established from time to time by the- Associition and subject to the provisions of Paragraphs 20 and 2I herein. (c) There is hereby created an easement' uPon' across, over and under all of the general cournon elements for ingress and egress, installation, replacement, repair and maintenance of all utilities, including but not limited to \dater, se\rers, Bas, telephones and elecEricity. An easement is further granted Eo all police, fire protection and ambulance Personnel,ind all similar- persons to enter upon the general cotItmon elements and condominium units in the performance of their duties. Further, an easement is hereby granted to the Association to enter in, onto, above, across or under the general common elements and any condominium unit to perform the duties of maintenance and reiair to any condominium unit or the general couunon elements. Notwithstanding anything to the contrary contained in this Paragraph, no iewers, electrical lines, water lines or other utilitibs may be installed or relocated on the general coumon elements excbpt as approved by the Association, and any utilily 9r company in thl use of- the utility easement granted herein shall be responsible for any damage to any general common element or cost incurred by the Asiociation as a result of such damage and shall be requirei to promptly restore any of the general comuton elements distuibed or dairaged by such utility or company in the exercise of any of their righis under the utility easement Sranted herein. Should any utility or company furnishing a service covered by this easement herein request a specific easement, including a vehicular easement, the Association may grant such an easemenc to the general connon elements by a separate recorded instrument without ionflicting with the terns hereof and without consent of the owners being required. The easements provided for in this Paragraph shall in no way affect any other recorded easement to the general comron elements (d) If any portion of the general cormon elements novt encroaches upon any unit, or if any unit no!.t encroaches upon any other unit or upon any portion of the general colmon elements, as a resulE of the construction of any building, or J.f any such encroachment shall occur hereafter as a result of settling orshifting of any building, a valid easement for the encroachment and for the naintenance of the same so long as the building stands, shall exist. In the event any building, any unit' any adjoining unit, or any adjoining general couxnon element, shall bepartially or totally destroyed as a result of fire or other casualty or as a result of condemration or eminent domain proceedings, and then rebuilt, encroachments of parts of the general cottmlon elements upon any unit or of any unit upon any other unit or upon any portion of the general corulon elements, due to such rebuilding, shall be permitted, and valid easements for such encroachments and the maintenance thereof shall exist so long as the building shall stand. 5. Mechanic's Liens; Indemnification. (a) If any owner shall cause any material to be furnished to his unit or any labor to be performed therein or thereon, no owner of any other condominium unit shall under any circumstances be liable for the payment of any exPense incurred or for the value of any work done or material furnished. A11 such work shall be at the expense of the owner causing it to be done, and such owner shall be solely responsible to contractors' laborers, materialmen and other persons furnishing labor or materials to his unit or any improvements therein. Nothing herein contained shal1 authorize any olfner or any Person dealing through, with or under any owner to charge the general coumon elements or any unit other than that of such owner with any mechanic's lien or other lien or encumbrance whatever. On the contrary (and notice is hereby given) the right and power to charge any lien or encumbrance of any kind against the general conrnon elements or against any owner or any owner's unit for work done or materials furnished to any other owner's unit is hereby expressly denied. (b) If, because of any act or omission of any owner, any mechanic's or other lien or order for the payment of money shall be filed against the general counxlon elements or against any other otner's unit or any improvements therein, or against any other owner (whether or not such lien or order is valid or enforceable as such), the owner whose act or ornission forns the basis for such lien or order shall at his own cost and expense cause the same to be cancelled and discharged of record or bonded by a surety company reasonably acceptable to the Association, or to such other owner or oltners, within 20 days after the date of filing thereof, and furEher sh:ill indennify and save all the other unit owners and the Association harmless from and against any and all costs, exPenses, claims, losses or damages, including reasonable attorney's fees resulting therefrom. (c) Labor performed or materials furnished for the general cournon elements, if duly authorized by the Association, in accordance with this Declaracion or its bylaws, shall be deemed to be performed or furnished with the express consent of each oldner and shall be the basis for the filing of a lien Pursuant to law against each of the condominium units. In the event a lien is effected against tlro or more condominium units, the ollners of the separate condominium units may remove their condominium units from the lien by payment of the fractional or proportional amount attributable to each of the condominium units affected. Individual payment shall be computed by reference to the Sharing Ratios. Subsequent to payment, discharge or other satisfaction, the condominium unit shall be released from the lien paid, satisfied or discharged. Partial pa)rment, satisfaction or discharge shall not prevent the lienor from proceeding to enforce his rights against any condominium unit not so released or discharged. 6. Administration and Management. (a) Sunmers Lodge Condominiums sha1l be administered and managed pursuant to this Declaration, the Articles of Incorporation and the Bylaws of the Association. Each owner shal1 be a member of the Association and shall remain a member until he ceases to be an owner. As members of the Association, all of the owners collectively are entitled to a total of four votes, with each owner being entitled to one vote. Each member sha1l comply strictly wich the provisions of this Declaration and of the Articles of Incorporation and Bylaws of the Association. The Association shall have the right to promulgate and enforce rules governing the use, maintenance and appearance of the general corrmon elements and shal1 have the right to assign any parking spaces in the general conmon elements that have not been designited as liroited iourmon elements. Each member sha1l be bound by and shall comply with rules, resolutions and decisions of the Association duly- made or adopted in the manner set forth in this Declaration or in the Articles of Incorporation or Bylaws. Failure of the member to courply with such provisions, rules, resolutions or decislons shall be grounds for an action to recover damages or to obtain injunccive relief, or both, by the Assoiiation on behalf oi the other owners or, in a ProPer case, by an aggrieved owner. In addition, the Association's bylaws may auth6;ize the Association, during the period of any delinquency to suspend a member's voting privileges; however, no such suspension shall affect the rights of a first lienor (b) The Association rnay enploy ol conEract for the services of a manager provided that such employment shall F" by contract having a ierm- of no more than three years and each such contract shall-be subject to cancellation by the Association on ninety days notice, with or without cause. The board of directors (the i'Boaid") rnay not delegate to a manager the authority !o make expenditures for- capital additions or improvemelts chargeable aglinst any portion-of the annual budget, as defined in sibparagraih- 8(b) herein, other than that Porlion specifically designaEed- for capital expenditures. The members of the Board of the Association sha1l not be liable for any omission or improper exercise by a manager of any such duty, Poeter' or function so delegated 6y written instrument executed by a majority of the Board. 7 . Maintenance and Repairs. (a) Each owner shall be responsible for maintenance and repair of his unit, including fixlures and improvements and ail utility lines and equipment located therein and serving such unit only. In performing such maintenance or repair, or-in improving oi altering his unit, no ov,ner shal1 do any act or work i^ttrictr impairs any general cormon element or the structural soundness of iny building or which interferes with any easement. (b) The general cormton elements (including the limited common elements)-shall be administered, conserved, managed, maintained, repaired and replaced by the Association, which may have access to any unit from time to time,during reasonabie hours for such purposes, or at any time for the PurPoseof making emergency repairi therein necessary to Prevent damage to the geneial coimon- elements or to another unit or units. The costi of repairing any darnage Eo a unit resulting from eqtry- therein for'any sich lurposE sha1l be a comoron expense of all the owners. HowevLr, if the-need to make such entry results from the negligence or intentional act of any o$ner, his familY' agent- or iniitEe, such owner shall reimburse the Association for all the costs of repairing such damage and shall be liable to the other ovrners for all additional losses or damages suffered, including reasonable attorney's fees. (c) Notwithstanding the foregoing, (i) each ovtner having an interest in linited cosmon elements shall pay the proportion of the costs and expenses of maintaining, repairing and replacing any limited couunon elements of which such owner has any _use and enjoyment, the nunerator of which is his Sharing Ratio and the denominator of which is the total of the Shating Ratios of all persons having any use and enjoyment thereof, and (ii) each olrner shall pay all costs of repairing any damage to the general common elements (including the linited conmon elements), or to any unit other than his own, resulting from the intentional act or negligence of such owner, his family, agent or invitee. Assessments for Couunon Expenses. (a) Except as set forth in subparagraph 7(c) herein, each owner shall- pay his pro rata share of the conmon expenses, which proration-shalI be made on the basis of the Sharing Ratios in effect on the date such conmon expense is -assess-d, except that with resPect to unoccupied units owned by Declarant, the Association sha1l assess Declarant only if the assessments assessed with resPect to all condominium units not owned by Declarant or occupied by Declarant are insufficient, in which case Declarant shal1 be assessed for all condominium units owned and unoccupied by it in the aggregate, an amount equal to the amount required to meet actual exPenses of the Association not to exceed an amount equal to the pro rata share of the cormon expenses Declarant would be required to pay if aII of the condominium units owned by it stere occupied. (b) The Board shall fix, determine, levy and collect annual and special assessments to be paid by each of the owners to meet the c ouuron expenses and to create a contingency reserve therefor. Prior to the beginning of each fiscal year of the Association, the Board shall adopt a budget for that year. The budget shall include, but shal| not be limited to, an estimate of the costs of maintenance, repair and replacement of the general cortrnon elernents, the cost of utilities and other services to be provided by the Association, the cost of insurance requir-ed Fy-Paragraph t herein, and proposed capital expenditures. The budget sha1l include an adequate reserve fund for the maintenance' repairs and replaceurent of those general common el-ements that must be replaced on a periodic basis in order that such maintenance, repairs and replacement may be paid for through regular installments rather than by special assessment. For the Association's first fiscal- year, the Board shall adopt the-budget at the first meeting of the-Board and designate the date of cornmencement of the first annual assessment, with the costs for maintenance, repair and replacement of the Seneral conmon elements and any reserve fund needed therefor based on -a good faith estimate of those costs; said estimate may be based on the costs i-ncurred by similar associations in the general locale. Thereafter, the cost of maintenance, rePair and replacement and any reserve fund needed therefor shall be on the basis of the prLvious yearrs costs with such adjustments therefrom as the Board tonsiders'appropriate. The budget-shal1 also include the annual assessment ibr iach condominium-unit. Special assessments may be levied \thenever in the opinion of the Board it is necessary or advisable to do so (i) to meet increased operating or maintenance exPenses or costs, (ii) to provide for additional capital expenses, or (iii) because bf emergencies; however, if the proposed additional capital expenses at any given time are or i'ouia be in excess of $S0,000.00 in the aggregate for any calendar year, such expenses may be incurred only after- the owners, by the vote'of the otners of it least 75 percent of the general connon elements, approve such expenses. All annual assessments shall be based upon iir approved buitget; all orher assessments shall be in itemizei statembnt form and shall set forth the detail of the various expenses for which the assessments are being made. (c) The Board shall prePare and provide to each olrrle r a statemenc for the annual assessment and any special assessment against his condominium unit. Annual assessmenEs for the budgeted-conmon expenses shal1 be paid in quSrterly installients, each sucir installment due and payable in advance on the first day of each calendar quarter, or more frequent installments as may be determined by the Board. Special assessments shall be due and payable as specified in the written notice of such assessment provided by the Board' (d) The Board shall have the right to add to any owner's assessment as provided in this Paragraph those amounts expended by the Associbtion for the benefit of any individual condominiurn unit and the owner thereof, including, but not limited to, fines (pursuant to rule adopted by the Association), repairs and replacements (to any condominium unit or the general comnon elements) caused by the-negligent or willful acts of said ouner, his family, guests, enployees, Iicensees, lessees or invitees; maintenante,-repair, cire-of and replacement of ggneral cosumon elements appurtinant to a condominium unit; and all other expenditurli or charges provided for by this Declaration or the bylaws. (e) If any assessment sha1l remain unpaid- cen days after the due date Chereoi, the Board may impose a late charge on such defaulting owner in a reasonable amount or an amount equal to 10 1.5 percent of such assessment, whichever is greater. Likewise, a late-charge in a reasonable amount or in an amount equal to 1.5 percent of the unpaid assessment, whichever is greater,_ may be imposed on the first day of each calendar month thereafter so long as such assessment shall be unpaid. Failure to make Paynentwithin 30 days of the due date thereof also shall cause the full amount of such ownerts regular monthly assessments for the remainder of that year to become due and owing at once, at the option of the Board. In the event it shall become necessary for the Board to collect any delinquent assessments or fees, whether by foreclosure of a lieir hereinafter created, by commencing of a court action or othervrise, the delinquent owner shall pay, in addition to the assessment and late charge herein provided, all costs of collection, including a reasonable attorney's fee and costs incurred by the Board in enforcing Payment. (f) A11 sums assessed but unPaid for the share of cormlon expenses assessed to any condominium unit shall constitute a lien on such unit in favor of the Association prior to all other liens and encumbrances, except: (i) liens for general property taxes and special assessments; and (ii) the lien of any first mortgage or first deed of trust of record encumbering such unit. The Association's lien shall attach from the date when the unpaid assessment shall become due and may be foreclosed by the Association in like manner as a mortgage on real ProPerty upon the recording of a notice or claim thereof executed by the Association setting forth the amount of the unpaid indebtedness, tle name of the owner of the condominium unit, and a description of the condominium unit. If any such 1i-en is recorded by the Association, the oluner shall be required to pay the costs and expenses of the preparation and recording of the Association's liLn, including ieaionable attorney's feEs, or $100.00, whichever is greater- I; any foreclosure of the Association's lj-en, the owner shall be required to pay the costs and expenses of such proceedings, including reasonable attorney's fees. During- the beriod of-foreclosure the orrner of the condominium unit subject to iuch action shall be required to pay a reasonable rental to the Association. The Association shall be entitled to purchase the condomi-nium unit at the foreclosure sale, and to acquire, hold, lease, mortgage or convey the same. Each o\^,ner, by accepting a deed to a unit, waives any applicable homestead exemption as to the assessment lien. for of by (g) No owner sha11 exemPt himself from liabilicy paymenE of his share of the cornmon exPenses either-by waiver the'use or enjoyment of any of the general cornmon elements or abandonment of his condominium unit. 11 (h) In case of sale or other transfer of a condominium unit $tith respect to which sums assessed for common expenses shall be unpaid, the purchaser or other transferee of an interest in such unit shall be jointly and severally liable with the seller or transferor thereof for such unpaid assessments. Notwithstanding the above, aDY first lienor who obtains title to a condominium unit pursuant to the renedies provided _in the- nortgage or foreclosure of- the mortgage will not be liabtre for such unit's unpaid dues or charges which accrue prior to the'acquisition of title to such unit by the first lienor. (i) Upon written request of any owner' mortgagee' prospective mortgagee, purchaser or other ProsPective transferee bf a condominium unit, the Association sha11 issue a written statement segting forth the amount of the unpaid_ coulmon exPenses, if any, with respect to such condominium unit, the amount of the current nonthly assessment, the date on which such assessment became or shali become due and the amount of any credit for prepaid expenses. Such statenent, for which a reasonable fee may be iharged, is binding upon the Association in favor of any person who may-rely thereon in good faith. Unless a request for such statemLnt shal1 be complied with within ten days after receipt thereof, all unpaid cornmon expenses which became due prior_to the date of making iuch request sha1l be subordinated to the lien or other interest of the person requesting such statement. (j ) Any party in favor of whom a lien on a condominium unit-has been created may but shall not be required to pay any unpaid conmon expense with respect to such unit,.and upon such payment such party sha1l have a lien on such condominium unit for tire- amount so ilaid- of the same rank as the lien theretofore existing. 9. Insurance. (a) The Association shall, on behalf of the owners: (i) keep the building (including all of the units and all fixtures therein, but not including furniture, furnishings or other personal proPerty supplied or installed by condominium unit owners) iniirred against loss or damage by fire, with extended coverage (including insurance qgainst loss or denage by vandalism or maticious mischief), in at least the amount of the maximum replacement value thereof, determined in accordance with sirbparagraph 9(c) herein; T2 (ii) provide and keeP in force, for the protection of the Association, its-officers and directors, and all the o\tners and first lienors, general public liability and property damage insurance -againsttlaims for bodily injury or death or property damage occurring upon or in the general conunon elements, in limits of ttbt less than $I,000,000 for bodily injury or death to any number of persons arising out of one accident or disaster, oi for damage to ProPerty' and if higher lirnits shall at any time be customary to Protectagiinst possible tort liability, such higher limits shall be carried; (iii) carry insurance in such amounts as the Association may consider necessary oI advisable against such other insurable hazards as may from time to time be conmonly insured against in the case of similar ProPertyin similar locations elsewhere. (iv) carry directors and officers liability insurance in such amounEs as the Association may consider necessary or advisable. (b) All insurance required to be carried under this Paragraph shall be carried in favor of the Association, the o\dners and all first lienors, as their respective interests may appear. Each policy of insurance sha11 contain a standard m6itgagee clau-se in- favor of each first lienor of a condominium unit-wf,ich shall provide that the loss, if any, thereunder shall be payable to such first lienor, as its interest may-aPPear' subjeit, however, co the loss payment provisions in favor of the Association hereinafter set forth. A11 policies of insurance against damage to any building and fixtures sha11 provide-that losses shall-be payable to and adjusted with the Association, as attorney-in-fact-for the owners. The Association shall hold and apply the proceeds of such insurance as set forth in this Declaration. Each insurance policy shall provide that no cancellation thereof may be mlde by the insurance carrier without having first given 30 diys' prior written notice thereof to the Association, Ehe owners and all first lienors. Each insurance policy shali also contain a "severability of interest" bndoriement, that provides in case of violation of any provisiol thereof by ihe Assbciation or one or more (but less than all) of the owneri, the coverage of such polic'y shall be suspended -orinvalidated only as to the interest of the Association or the o\tner or o!{ners comritting the violation and not as to the interest of any other own6r. AIl policies of physical dam189 insurance shali contain waivers of- subrogation and of any defense based on co-insurance. Duplicate originils of all policies of 13 physical damage insurance and of all renewals thereof, togethe_r iittr proof of-payurent of premiums, shall be delivered to all first lienois at lealt ten days prior to expiration of the then current policies. (c) The maximum replacement value of the building (which shall indicate the maximum teplacement value of each condominium unit contained therein), without deduction for depreciation, shall be determined by the Association_prior to -obtaining any policy of fire insurance or any renewal thereof by means of one or more written appraisals made by competent, disinterested appraisers; however, appraisals need not be obtained more frequently than at one-year intervals. Copies of such appraisais shail be furnished to each ovrner and each first lienor of a condominium unit. (d) Each owner shall be responsible for all insurance covering loss or damage to Personal property il his unit and liability for-injury, death or damage occurring inside his unit. Any sirch poliiy stratt contain waivers of subrogation,and sha1l be io written that the liability of the carriers issuing insurance obtained by the Association shall not be affected or diminished therebv. 10. Appointment of Attorney-in-Fact. Each owner by his acceptance of t e vesting in him an inteiest in a condominium unit does irrevocably constitute and appoint (a) the Association with fu1l power of,substitution as his tiire and lawful attorney in his name, place and stead to deal with such interest upon damage to or destruction, obsolescence' or condemnation of- any building or real property as hereinafter provided, and (b) beclarant with fu1l- poi'er of substitution as his true and lawful attorney in his name' place, and stead to deal with such interest in order to effectuate the reservations contained in Paragraph 20 herein, each with ful1 power, righE and authorization to execute, acknowledge and deliver any contract' deed, proof of 1oss, release or other instrument affecting ch-e interelt of such o'rdner, and to take any other action' which the Association or Declarant may consider necessary or advisable to give effect to the provisions of this Declaration. If,requested to do so by the Association or Declarant, each owner shall execute and deliver a written instrument confirming such appointment. The action of the Association in settling any damage or condemnation claim sha11 be final and binding on at1 owners. No owner sha11 have any rights against the Association or any of_its officers or directors with respect thereto excePt in case of fraud or gross negligence. I4 11. Damase or Destruction. destruction of @rtwhatsoever: (a) If in the reasonable judgurent of che Association, the proceeds of insurance shall be sufficient to pay all the costs of repairing and restoring the building' the Association (as attorney-in-fact for the owners) shall cause the building to be repaired and restored, applying the proceeds of insurance for that purpose. (b) If in the reasonable judgment of the Association the anticipated proceeds of insurance are not sufficient to pay the costs of repairing and restoring the building, and if the excess of such costs over the anticipated insurance proceeds, are less than 202 of. the minimum replacement value last determined under subparagraph 9(c) herein, then the Association (as attorney-in-fact for the owners) shall promptly cause the building to be repaired and restored, and the difference between the insurince proceeds and the costs of repair and restoration shall be a couuton expense to be assessed to all units and paid by all owners as provided in Paragraph 8 herein. (c) If in the reasonable judgoenc of the Association the anticipated proceeds of insurance are not sufficient to pay the costs of repairing and restoring the building, and if- the excess of such costs are 202 or more of the maximum-replacement value last determined under subParag-raph 9(c) herein, then the Association (as attorney-in- fact for the owners) shall promptly cause the building to be repaired and restored, and the di-fferLncL between the insuiince proceeds and che costs of repair and restoration shall be assessed and paid as hereinafter provided; provided, however, that if within 100 days after-the date of suth damage or destruction a plan for repairing and restoring the building shall be disapproved and a sale of the building-is approved by the owners oqning 7-57 or,more of the general-courron-elements and by 757 of all first lienors' the Lssociation (as attorney-in-flct for the owners) shall execute and record in the Eagle County, Colorado, real estate records a notice of such facts, and thereaiter shall sel1 the entire real property on which the building is located (including the building), freg. and clear of the provisions of this Declaration and the Map, which shall wholly terminate and expire with respect -to such property- upon the clbsing of such sale. The proceeds of insurance and the pioceeds of sucf, sale of che real property shall be collectqd !ythe Association, applied first to the payment of exPenses of the sale, and then divided among the owners and paid into seParate accounts, each representing-one unit. The insurance proceeds shall be divided iccording to such oltners' respective percentage In case of damage or thereof by any cause 15 interest therein as shown by the insurance policies, if so shown, otherwise according to such owners' respective Sharing Ratios thenin effect, and the proceeds of sale shall be divided according to such owner's respective Sharing Ratios then in effect. The fundsin each account (without contribution from one account to another)shall be applied by the Association for the following purposes in the order indicated: (i) for payment of the balance of the lienof any first mortgage or deed of trust on the condominium units:(ii) for payment of taxes and special assessment liens in favor of any assessing entity; (iii) for paynent of unpaid cosmon exPenses;(iv) for payment of junior liens and encumbrances in the order of and to the extent of their priority and (v) the balance remaining,if any, shall be paid to the owner. The provisions of this Paragraph sha11 not be construed as lirniting in any way the rightof a first lienor (in case the proceeds allocated under (i) above shal1 be insufficient to pay the indebtedness secured by his lien)to assert and enforce the personal liability for such deficiencyof the person or persons responsible for pa)rment of such indebtedness. If within 100 days after the date of such damage or destruction a plan for repairin! and restoring the damaged or- destroyed building is not disapproved pursuant to this subparagraph 11(c), the Association (as attorney-in-fact for the owners) shall promptly cause such repairs and restoration to be made according to such plan, and the difference, if any, between the amount of the insurance proceeds and the costs of repair andrestoration shall be a conmon expense to be assessed to all units and paid by all o$,ners as provided in Paragraph 8 herein. (d) Nothing contained in this Paragraph sha11 be construed as imposing any liability whatever on any first li-enorto pay all or any part of the costs of repair or restoration. 12. Obsolescence (a) If at any time the owners of 757 or more of the general common elements and 752 of all first lienors shal1 agree that the building has become obsolete and shall apProve a plan for its renovation or restoration, the Association (as attorney-in-fact for the or{rners) shal1 promptly cause such renovation or restoration to be made according to such plan. All olrners shal1 be bound by the terms of such plan, and the costs of the work shal1 be a comnon expense to be assessed co all units and paid by all owners as provided in Paragraph 8 herein. (b) If at any time the owners of. 752 or more of the general coumon elements and 757" of all first lienors shall agree that any of the irrprovements constituting general conunon' elements have become obsolete and shall apProve a plan for their 16 renovation or restoration, the Association (as attorney-in-factfor the owners) shall prourptly cause such renovation orrestoration to be made according to such plan. All owners shallbe bound by the terms of such plan, and the costs of the workshall be a couuron expense to be assessed to all units and paid byall owners as provided in Paragraph 8 herein. (c) If at any time the owners o.f 752 or rnore ofthe general corn'non eleoents and 75I of all first lienors sha1l agree that the building has become obsolete and should be sold, Ehe Association (as attorney-in-fact for the ouners) shallpromptly record in the real estate records of Eagle County, Colorado, a notice of such facts, and shall sell the entire realproperty, free and clear of the pr6visions of this Declaration andthe Map, which shall wholly terminate and expire with respect to such property upon the closing of such sale. The proceeds of suchsale shall be collected, applied and divided arnong the owners by the Association in the manner provided in subparagraph l1(c) herein. l3 Condemnation. (a) If the entire real property shall be taken for any public or quasi-public use, under any statute, by right of eminent domain, or by purchase in lieu thereof, or if any part of the building sha1l be so taken, or if any part of the land shall be so taken and the part remaining shall be insufficient for purposes of Summers Lodge Condominiums, the Associacion (as attorney-in-fact for the onners) shall collect the award made in such taking and shall sell the part of the land reuraining afterthe taking, if any, free and clear of che provisions of this Declaration and the Map. Such provisions shall wholly terminate and expire upon the recording of a notice by the Associationsetting forth all of such facts. The award and the proceeds of such sale, if any, shall be collected, applied and divided amongthe owners by the Association in the manner provided in subparagraph 11(c) herein. (b) If such taking sha11 be partial only, and if the remaining part of the land shall be sufficient for the purposes of Sunrrrers Lodge Condominiums, the condominium ownership hereunder shall not terminate. Each owner sha11 be entitled to a share of the condemnation award to be determined under thefollowing provisions: ( i) The totalor injury to the general apportioned among ownersrespective Sharing Ratio auount allocated to Eaking of coumon elements shall be on the basis of each ownerts then in effect; (ii) The total amount allocated to severance damages shall be apportioned to the owners of those uniti which qtere not taken or condeuured on the basis of each such owner's respective Sharing Ratio then in effect; (iii) The respective amounts allocated to the taking of or injury to a particular unit or to improiements an o*ner has'made within his own unit shall be apportioned to the o$ner of that particular unit involved; and, (iv) The total amount allocated to consequential danages and any other taking or injuries shall be apportioned among the owners in Ploportio! to their respilttive Sharing Ratios then in effect. If an allocation of the award is already established in negotiation, judicial decree, or otherwige, then in allocating the award the Association shall eurploy suclr, allocation. Distribution of apportioned proceeds shall be made by checks payable jointly to the respective ordners and cheir respective first lienors. (c) In the event a partial taking results in the taking of a unit, the oqrner thereof shal1 automatically cease to be a member of the Association, and his ownership interest in the general c ogmon elements shall Cerminate and vest in the owners of ihe remaining condominir:m units. Thereafter, the Association shalI reallocate the ownership and assessment ratios determined in accordance with this Declaration according to the same principles employed in this Declaration at its inception, and shall submit suth iealtocation to the ov,ners of the renaining units for the amendment of this Declaration. (d) In the event of a partial taking, the remaining part of the land shall be deemed sufficient for Purposesof Summeis- Lodge Condominiums unless within 100 days after the date of such pirtial taking the owners of 75I or more of the general common elements and 752 of all first lienofs shall,agree Ehat the remaining part of the land shall be deemed insufficient for purposes of Sunmers Lodge Condominiums, in which event the remaining part of the land ior all purposes of this Paragraph 13 shall be-dbemed insufficient for purposes of Suurmers Lodge Condominiums. (e) In the event that any portion of Suuners Lodge Condominiums shall be made the subject matter of any condemnation or eminent domain proceeding or is otherwise sought to be acquiied by a condemning authority, then timely written notice of such 18 condemnation shall be given by the Association to each owner and first lienor. 14. Quality of Work. Any repairs, renovation or restoration of thE ra-Iliopeity or any'buildi!8 covered- by this Declaration by the Association as attorney-in-fact for the owners shall be done in such manner as to make the real property or the building at least as valuable after such work as it was iumrediaEely before the occurrence requiring the r^iork to be done' 15. Amendment or Revocation. This Declaration may be amended or revo@ any time prior to the filing of the Map, and (b) upon the written aPproval in recordable form 5f the owners of 757 or more of the general cortrtron elements and, 757 of all first lienors, except that the provisions of this Paragraph 15, the provisions of subparagraph 8(a) herein andgxhiSit'B relating to interests in the general coumon elements and the limited comnon elements may be amended only upon such approval of the owners of 1002 of the gLneral conmon elements and all first lienors. It shall also be revoked in whole or in part upon sale of all or part of the real property pursuant to subparagraphs 11(c), 12(c) or 13(a) herein. 16. ProDertv for Couuron Use. The Association may acquire and holffiit of all owners, real property, as long as such real property is purchased at a iorlcloiure sale-or if such property is to be used as a manager's unit, and tangible and intanbible personal ProPerty and-may- dispose of th6 same by sale or othLrwise, a!d- the- beneficial intlrest in any such property shall be owned by the owners in the same proportioir as thbir- respective interests in the gen-eral conuron eiements and shall not be transferable except with a transfer of a condominium unit. A transfer of a condominium unit shall Eransfer to the transferee ownership of the transferor's beneficial interest in such proPerty without any reference thereto. Each o\^,rler may use such property in accordance with the DurDose for which it is- intended, without hindering or encroaching irpoir the lawful righEs of the other owners. The transfer of title tb a condominium unit under foreclosure shall entitle the pur- chaser to the beneficial interest in such property associated with the foreclosed condominium unit. L7. Registration bv OwnqT of Mailing, Ad4ress' Each owner shall reg@ess with the Association, and except for monlhly statements and other routine notices, all other notites or demandi intended to be served upon an owner shal1 be sent by either registered or certified mail, Postage-prepaid, addresied in the iame of the owner at such registered mailing address. A1l notices, demands or other notices intended to be 19 served upon the Association shal1 be sent certified mail , -PosFageprepaid, to the address of the Association as designated in the Bylaws of the Association. 18. Duration of Condominium Ownership. The separate estetes "i""tea shaIl continue until this Declarition shall be revoked or until its provisions shall terminate as provided herein 19. Architectural Control. No building, fence, walI or otherstructureffirectedormaintainedupontheproperty covered by the Declaration' nor- sha11-any exterior laait:-oi, ro or chairge or alteration to the buildinq qe made until itre plans and specifications showing the-nature, kind,-shape, truigit, color, hacerials, and location of the same shall have been suUili-tiea to and appro',t.d in writing as to -harmony of external a."igtt and locatioit'itt relation to surrounding structures and ;;;;E;rphy by the Board or by an architectural cornmittee compo-sed of' t6re'e i,r more representatives appointed ty !h9- Board. In the event the Board, or its designated coutittee, tails to aPprove ol disapprove such design and lScetion within thirty days after said pi"""""a-"p""ifi".tlons have been submicted to it, approval will ioi U" required and this Paragraph will be deemed to have been fully cornplied with. EasemenE. Lease, License a!!-ljte of General e Assoc i-ation sha ave the r - to grant by ffi, license or permit che use of, by less than all 20. Common Elements olrners or by nonowners and with or without charge as the Association may deem desirable, any portion- of. the general couunon elements or any condominium unit oitnbd by _the Association. The iight" granted'to Ehe Association in this Paragraph 20 shall -onlybe"used"in the promotion of the collective best interest of the owners. 2T of Insurance. No owner and no orrner's invitees shall do .nything or cause anYthing to be kePt in the premiurns of insurance obtained which night cause cancellation of wricten consent of the Association or on the condominium project which rnight result in an increase in for-the condominium Project or such insurance without the Priorfirst having been obtained. No owner and no owner's(b) inviEees shall do-an@ing in or on the condourinium pro5eci itri.ti"*rou1d bi imirorall improper, offensive in violation' of-rny "tatnte, rule, ordinance, regulation,- permit or other validly ii,p"""a requirement of any goveinmencal body' No Violation of Law. 20 or (c) Annoyins Activities. Nocarried on upon any parE noxious or offensive activity shal1 be anything be done or placproject which is or may of the condominium project nor shal1 ed on or in any part of the condominium become a nuisance or cause enbarrassment, disturbance or annoyance to others. No activity shall be conducted on any part of the condominium project and no improvements shall be made or constructed on any part of the condominium project which are or rnight be unsafe or hazardous to any person or property. No sound shall be emitted on any part of the condominium project which is unreasonably loud or annoying. No odor sha1l be emitted on any part of the condominium project which is noxious or offensive to others. No light shall be emitted from any part of the condominium project which is unreasonably bright or causes unreasonable glare. (d) No Unsigtrtliness. No unsightliness shall bepermittedonorina@ndominirrm-project.Without Iiniting the generality of the foregoing; nothing sha1l be kept orstored on or in any of the general comnon elements; nothing sha1l be hung or placed upon any of the general coutrnon elements; andnothing shall be placed on or in windows or doors of the condominium project, which would or rnight create an unsightly appearance. (e) Restriction on Animals. No animals,livestock, horses or@all be kept, raised or bred within any condominium unit or within the general conrnon elements, except that dogs, cats and other domesticated household animals not to exceed two in number may be kept by an olrner as household pets so long as such pets are not a nuisance to anyother o!'tner. Pedestrians accomoanied by a household pet within the general common elements must hal.re sii-a pet under theit directcontrol by use of a leash not to exceed ten feet in length. No animals shall be allowed to remain tied or chained to any decks,balconies, patios or other parts of the condominium project, and any such animal(s) so tied or chained rnay be removed by the Association or it agents. (f) Trash and Unsightly Uses. Unsightly objects and materials sha1l @eneral 6oo-on el-ements and no part of the general comnon elements may be used as a dumping ground for garbage, trash or other eraste, and the same shall be disposed of in a sanitary manner. The Association shall have the right to enter upon any general common elements and to remove such refuse piles or other unsightly objects and materialat the expense of the owner causing the same, and such entry sha1lnot be deemed a tresDass. 2T (g) Parking Areas. No vehicle of any type may be parked on rhe geieral--E6ffi6n--Tffients excePt- in parking spaces designated Uy Ihe Association. No connercial typq of vehicle and no r;creatioiral vehicles shall be stored or parked on the general cormton elements except in areas designated by the_Association. A recreational vehicle- shall include for purposes of this Declaration, motor homes, motor coaches, buses, pickup-trucks ltith camper tops or sirnilar accessories, boats,_caurping trailers or trailers bf atty type. Parking spaces shall be used onlY for parking automobilli and motor-yc1es and not for any other storage irrrpo"Es. Motorcycles shall not be stored on patios, balconies or porches. (h) No Violation of Rules 'ou,ner's invitees shaffiand from time to time by the Association, whether of units, the use of general common elements, Determination with respect to lthether or not a particular activity or occurrence shall constitute a violation of Lhi" paragraph 21 ;hall be made by the Board and shall be final. No owner and no regulations adoptedrelating to the useor otherwise. 22 of Declaration. Each 23. Enforcement and Remedies. Each Provision of this provision of th , Promise' covenant ind undertaking Eo comply wigh each provision of this Declaration, and any nec.s"Iry e*ception or [eservation or grant of title, estate, right or'interlst to effectuate any provision of this Declaratioi: (i) shall be deemed incorporated in each deed or other instrument by which any right, title or interest, in any condominium unit ii granted,- devised or conveyed, whether or not seE forth or referred to in such deed or other instrument; (ii) shall, by virtue of acceptance of any right, title or interest in any cond6minium unit by in own"r, be- deemed accepted, ratified, ad6pted and declared al a personal covenant of such owner and, as " pLt"on.l covenant, shall-be binding on such owner and his heirs, petsonal representaii.res, successors-and assigns-; and, shall be beemed " p.i"on"l covenant to, with and for the benefit of the Associatibn and of each ov,rrer of any condominium unit; and, (iii) shal1 be deemed a real covenant by Declaranf, for itself, its successors and assigns, and alsO an equitable servitude, running, in each case, as a Surden with and upon the title to each and everv condominium unit. Declaration owner by a and/or by a proceedings enforcement sha@ Association or bY anY proceeding for a prohibitive or mandatory injunction'suit or lction to recover damages. If court are instituted in connection with the rights of and remedies provided in this Declaration, the Effect Provisions 22 prevailing party shall be entitled to recover its costs and Lxpenses In' connection therewith, including reasonable attorneys' feLs. Failure by the Association or by any oltner to enforce any provision, covenint or restriction hereln contained in no event !t.tt be deemed a waiver of the right Eo do so thereafter. 2q. gpecial Ame4dments. Declarant hereby reserves_and is granted ttre @ record a special amendment (a "SpEcial AmendmenE") to tiris Declaration at any t'ime and from time to time which amends this Declaration (i) to comply with requirements of the Federal National Mortgage- Association, the Governmental National Mortgage Association, the Federal Home Loan Mortgage Corporation, th" ielartment of Housing and Urban Devefofment, or any other public, quasipublic or private 9n!1tywhich ierfoiurs (or may periorm in the future) functions similar to rhose currently perfoimid by such entities, and/or (ii) to induce any of such ag6nlies or entities to make,_ purchase, se1l, insure, or guarantee a mortgage covering the condominium units. In furEherance of the Foiegoing, a po\rer coupled wiEh an interest is hereby reserved and granted-to Declarant to make or consenc to a speciil Amendment on-behalf of each o!,ner. Each deed, mortSage, tiust deed, other evidence of obligation or other- instrument affecting a condourinium unit and tf,e accePtance.thereof sha11 be deemed tE be a grant and acknowledgement of,_ and a consent to the reservation of, the power of Declaiant to make, execute and record a Special Amendment.' No Special Amendment made by Declarant sha11 afflct or impair an existing deed of trust or mortBage uPon a condominium unit or any warranties made by an owner or mortgagee in order to induce any- of the above agencies or entities to make, purchase, insure, or guarantee the toitgage on such owner's condominium uni-t. 25 . General. (a) If any of che provisions of this Declaration or any paragraph, sentencl, clause, phrase 9r ttgTq, or the applii:alion"thLreof in any circumstance be invalidated, such iiriralidity shall not affett the validity of- the remainder of this Dec1arati6n, and the application of any'such provision, paragraph, sentence, ci"u"., phraib or word in any other circumstances shall not be affected therebY. (b) The provisions of this Declaration shall be in addition and supplementai to the Condominium Ovmership Act of the State of Coloraitb and to all other provisions of 1aw' (c) Whenever used herein, unless the context shal1 otherwise proviae, the singular number shall include the plural , 23 the p1ural the singular, and the use of any gender shall include all genders. WHEREOF,Declarant has duly executed this , 1986. e arT-T. Sumrlers , Jr. STATE OF COUNTY OF IN WITNESS Declaration this day of foregoing instrument rdas , 1986, by The day of acknowledged before me this Carl W. Suunners, Jr. Wi-tness my hand and official seal My cournission expires : No-ta;@ The undersigned holder of a deed of trust uPon^the property covered by tfris Declaration, recorded_in Book 424 at Pag,e 262' of Lhe r..otds- in the Office of the Eagle County, Colorado, Clerk and Recorder, hereby consents to the foregoing- Decl3ration and subordinates iis intei:est in the property described therein to the rights and obligations created thbreby._ Notwithstanding.such "orrserrl and subordiiation, all the rights- of Declarant in and to such property shall remain encumbered by such deed of trust. REPUBLICBANK DALLAS, A National Association BY: Pres identt- ATTEST: t- 24 STATE OF COT'NTY OF )) ss. ) The foregoing instrument was acknowledged before ure this day of , 19_, bI President and as S ec-retary of Repub I icBa@ I A;6ZitEI6i: Witness rny hand and official seal. My coumission expires: Notary Public r8S 25 EXHIBIT A LEGAL DESCRIPTION Lot 5, Block 6, VAIL VILLAGE FIRST FILING, according to the recorded plat thereof, County of Eagle, State of Colorado. EXCEPTIONS TO TITLE (Attached to and made a part of Condominium Declaration for Sumters Lodge Condoniniums. ) 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 Subject Property as reserved in United States Patent recorded July 12, 1899, in Book 48 at Page 475 of the real property records (the "Records") of Eagle County, Colorado. 2. Right of way for ditches or canals constructed by the auihority oi the United States as reserved in United States Patent rLcorded July 12, 1899, in Book 48 at Page 475 of the Records. 3. Restrictions which do not contain a forfeiture or reverter clause, but omitting restrictions, if any, based on race' color, religion or national origin, as concained in Instrument iecorded August 10, 1962, in Book I74 at Page I79 of the Records. 4. Easement 20 feet in width along the south lot line of Subject Property as shown on the recorded Plat of Vail Village First Filing. 5. Urility Easement 10 feet in width along the, north lot line of Subject Property as shown on the recorded Plat of Vail Village First Filing. EXI1IBIT B (Attached to and made a Declaration for Suomers Unit Interests in General Common Elements part of Condominium Lodge Condominiums. ) Percentage OvmershiP in General Common Elements Appurtenant to the Unit 23.8365 23.7230 22.9285 29.5120 The owner of each unit shall have the exclusive right to use any stairs, ha1Lway, porch, balcony, deck, -P-ati.o, planter .or parkin! sp."" ,' Lf any,- relerenced on the Map with the numerical designati5n Lotti"pondiirg Eo the unit nunerical desiglation of.his unitl and each sucir staiis, hallway, porch, -balcony, deck, patio' planter and parking space shall be'a limited courmon element' as besignated oir the Map, appurtenalt to the unit with the corresponding unit numerical- designation. 1 2 3 4 ctz ts =e.Iuo- c C\ tr) (\.1 c u (\ o o <\l (t) IJJ UJ lJ- F =u] '< 9 Y?s/h zQ 12 '€t'.o I P4 (o r-l o )1\E d = (o tr-\59 F.lF i'oztr<l! t-orra O F--rzd6:z =f iuF o F FIz =o zz UJ z z I c0 .o o 4.zo -i- o c l+ a;*:g l3 EqE:t Ie :gN ;ts'1frg;;FE IEF s.; E"€ € |H ? 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(u [JJE, OJ Ot! g- L, (JEO 1,a_OBH E (J +'o(5 Lrr -z$'o (, '9' -:z =Luqs-O C, .l-r .F OJ .rJ o = ::.J P l./t rElO (u L(Fr! J c\l -l) c IJJ Ia^.F '-r (\, Eox I I t oF F =TE uJI ll.o o.oo I UJFoz Rocky Christopher Rea[ Estate SUMMER'S LODGE CONDOMINIUMS uNrr rYPE srzE ,3*Lch*, [*laB #l 3 Bedroom/3.5 Bath 2100 sq. ft. $850,000 $950'000 #2 3 Bedroom/3.5 Bath 2090 sq. ft. 950,000 1,050,000 #3 3 Bedroom,/3.5 Bath 2120 sq. fr' 1,125,000 1,250'000 #4 4 Bedroom/4.5 Bath 2600 sq. ft. 1,350,000 1'500'000 Completion set for September I, 1986 Unfinished Price - includes drywall, taped and bedded; all plumbing and electrical stubbed out. Finished Price - includes all cabinets, trim, fireplace facia, kitchen appliances and bathroom appliances and floor covering. 288 Bridge Street/Vail, Colorado 81657 /(303)476-2466 o Eoo l=-dl: Fi,: pI" El. tr E tr +.+ nF-l EFr-Jt lu AE Goo::iz 8t" ul t" oo .t-\ d :-l 7't;" * Kl\ tt(D l\-- I t-'.] []'' I|t\., ifil'rl 't l\.' t a t_l nnrlui Jn I + EH oo nf-- ln IRl1E E r- if-1 Elli- \'----r F fialrtr i li f-lffirL j| I ItUlrr O II s f-- N OF t N -"1 tNs -II -PECTI TOW .,t,-" -.,/ REQUEST VAIL DATE // t -',.a 1/ '{ 6 JoB NAME PERMIT NUMBER OF PROJECT READY FOR INSPECTION: CALLER TUES WED THUR FRI LOCATION: t"" MON t Lr t BUILDING: tr FOOTINGS / STEEL PLUMBING: tr UNDERGROUND tr ROUGH / D.W.V. tr ROUGH / WATER tr FOUNDATION / STEEL tr FRAMING n ROOF & SHEER" PLYWOOD NAILING tr GAS PIPING D INSULATION tr POOL / H. TUB tr SHEETROCK NAIL tr FINAL ELECTRICAL: tr TEMP. POWER tr HEATING tr ROUGH tr EXHAUST HOODS tr CONDUIT tr SUPPLY AIR tr APPROVED CORRECTIONS: EI REINSPECTION REQUIRED 7.'a',f | \ 't a a,'l oor, ,/'r"t,, Z r,i' . //i; rNSpEcroR ';-.!riF"' I;. *\r\ PERMIT NUMBER OF PROJECT \\\ -\\- ' DATE \.\ \ \ IN t SPE GTION TOWN OF REQUEST VAIL$i, IJOB NAME MON CALLER ruES @ rHUR G1) //'"' o, PMREADY FOR LOCATION: INSPECTION: BUILDING: tr FOOTINGS / STEEL PLUMBING: tr UNDERGROUND tr ROUGH / D.W.V. tr ROUGH / WATER tr FOUNDATION / STEEL tr FRAMING n ROOF & SHEER" PLYWOOD NAILING tr GAS PIPING tr INSULATION tr POOL / H. TUB O SHEETROCK NAIL tr FINAL tr FINAL ELECTRIGAL: tr TEMP. POWER tr HEATING ROUGH tr EXHAUST HOODS CONDUIT tr SUPPLY AIR APPBOVED tr DISAPPROVED tr REINSPECTION REQUIRED COBRECTIONS: )\r),sslE ,, a ^ J/r tNspEcToR I \'.1\\ t l\t.c \ -\ PERMIT NUMBER OF PROJECT - | - , ,.i .., INSPECTION REQUEST TOWN OF VAIL DATE \- -t-\t JoB NAME Vi., READY FOR LOCATION: INSPECTION:MON __-'-\-\wED Q!!9[/ FRI CALLER TUES BUILDING: tr FOOTINGS / STEEL PLUMBING: tr UNDERGROUND tr FOUNDATION / STEEL tr ROUGH / D.W.V. tr ROUGH / WATERtr FRAMING n ROOF & SHEER" PLYWOOD NAILING tr GAS PIPING tr INSULATION POOL / H. TUB tr SHEETROCK NAIL ELECTRICAL: tr TEMP. POWER tr HEATING tr ROUGH tr EXHAUST HOODS U CONDUIT SUPPLY AIR tr FINAL PROVED tr DISAPPROVED tr REINSPECTION REQUIRED CORRECTIONS: INSPECTOR November 12, 1986 Sunmers Lodge Temporary C of 0 Units 1&2 and Cornmon Areas - Fire Department connection is required to be 36" above grade, pipe needs to be raised to proper height. - Install cover plate on Knox box - Labe'l zones on fire alarm panel Letter of certification at final C of 0 - Manufacturers test report on sprinkler system - Fire service keys to elevator in Knox Box - A'larm be1l on elevator not working - Sheet rock cejling of bathroom in Unit No. 2 and tape - Smoke detector 3rd floor stairway and finish fire taping of ceiling and paint - Cover plumbing access hole 2nd floor corridors - Connect door closures,.severa'l are disconnected - Basement at east stain,.rell sprinkler needs work - Patch hole in ceiiing storage room basement - Remove combustable material, i.€., propane gas tank from storage room - Patch and seal off all holes into mechanical room - Back fl ow preventor leaking in mechanical room - Sprinkler contractor to furnish signage for drains and valves - Motor pump for heating is out, replace and wire - Cover open wire in elevator mechanical room - Fire detector jn elevator mechanical room req. - Need elevator Certification of Inspection - Remove a1l paints and combustables from garage - Connect garage door opener - Clean out all waste in garage TO I^|HOM IT MAY CONCERN FR0M: Kristan Pritz. SUBJECT: DATE: Pl anner Pedestri an Connect ion December 5, .l986 v Town \ 0rigina1 ly, the landscape plan for th6.summers Lodgp reguired that the developers construct a pedestrian pathway-eonnectfng l,lillow Place to Bridge Road. The pathway was to be constructed along the south side of the property. This fal'l , Gus Gustafson found a "dedication't whjch statedthat "improvements necessary, desirable or convenient for the provision and maintenance of pedestrian passage may be constructed and maintained onthe easement at the so'l e expense of the Town." 0r'i ginally, the Town staff had worked out an arrangement wjth the developer that he, Mr. Summers, would construct the path. When thjs new information was found in the dedication, it became apparent that the original agreement was that the Town would construct any improvements necessary for pedestrian passage. I discussed the situation with Larry Eskwith, Town attorney, and it was determined that it was not appropriate to require the developer to construct the path. For this reason, the requirement that the path be constructed has been waived. Please see the associated aqreements forthis path. Project Applicalion \\N O"t. -\\ . \V Proiect Name: Proiect Oescriplion: Conlact Person and Owner. Address and Phone:C ,--"- t- (.,. , .^r/v*-r-.,r-.\ Architecl. Address and Phone: Legal Descripiion: Lot Block Filing Zone Commenls: Design Review Board Date Motion by:, ) iNr!r.11.^- Seconded by: DISAPPBOVAL oo, t-'-. I : .l ii )i E - J. I Zl'- .r-:. /, Ftu2'?2'-tte tEi \ .r : I ir;t 7Y t 9-'-€/ -' '.4F= f!^ -,,= r/^ .i-t- ::''1'- | : a. -/- ;, i-22 --l"l-7c;t ,l a,\-, ! t 1 t , -1-,- -- -.a -,.:.-- );'.-.i;.*.:?-' - 4i"-? /' a->,r'it?.'Fr'7 -)'\ // /\ \. -.,--<.- *..).tt = TO: FROM: RE: 75 .oulh fronlage road uall, colorado 81657 (303) 476-7000 olllce ol communlty deYelopmenl Apri 1 17, 1984 SIGN APPLICANTS Tom Braun or Kristan Pritz, Planners Sign Appl ication Requirements When applications for signs are submitted' the following information is required: Site plan showing exact location where the sign is to be located. Photograph or drawing showing the building and where sign is to be located. Exact design of sign (one or more of the fo]lowing) (a) scale drawing or rendering (must be colored exactly as sign will be) (b) the sign itse'lf is made (c) photograph if sign is made FEE: A $20.00 application fee will be reguired at time of application. (over ) e. t. 2. 3. F o v- €r<,'Onpptlcation Number /--. o o^v Jy'n/sr* Phone 4*--4too Location of Project S.rn,onr . ' n . &,, lJ,-tn.*-. Description of Project SIGN APPLICATION , Fee AP-L bs'r/3 Name of Project Name of Person Submitting Paid ';7 o/f( The following information is required forto the Design Review Board before a final Sign submittal fee is $20.00. A. Sign Material subm'itta1 by approval can the appf icant be given. B. Description of Sign C. Size of Sign 3'7" K 5' L" /6- ? ' D. E. Length of Frontaoe (FtJ Conments MATERIALS SUBMITTED WITH APPLICATION 1. Site Plan2. Drawings sfi6IT-ng exact location3. Photographs showing proposed 'tocaTT6i'- 4. Actual siqn5. Colored scale drawinq6. 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C{ r-lrit g c.lcn\oN rn ol HI{)l UI HI.r{ |ol .{l 3l fpl 3l €i $l EI6l H @ >t Ff l{z trl !] H =E5 a c,t{ U rd @c{ OI(') !| tJ. o tr.{ 3t{OttoF{a _"1+r4drt{ (u(l)3ttEoqa. -{ rt(") o ,< rO -bt:f,q Fl .rl d r-.1.U '.'{q)5t{ CQdr{q)d {J .IJ'.1 Or,Fr r{o P{ OO\tl,}r{O@N\oor-f-(notnrn@ N V) dl r-{ * .<.< @r-<r(l,Otfl@.rfAO.sr\o@oo DO F.l Or O. fl.,.r Icl HI o\pl r-tol dc.ll ..J -t !tr.lol 0)f;I EI E&tot o(9I UI U bl Hl ...t Irll HIAI t .[ol 3l a ; 75 soulh trontage road Yail, colorado 81657 (303) 476-7000 olflce of communlty developmonl May 22, 1985 Craig Snowdon Snowdon & Hopkins Architects 201 Gore Creek Drive Vai I , Col orado 8i658 Dear Crai g, I have spoken with Larry Esquith as welI as the planning staff concerning the court ordered pedestrian easement on the Summer's property. The following is our position on this issue: l. 2. To compiy with the court order, the Town of Vail is requesting the property owner to formerly record the oedestrian easement as defined in the court order. In addition, we are requesting that portions of the fence be rennved to allow pedestrian access through this area. lJe feel that these two steps will essential 1y satisfy the court order at this time. At the present time, the Town has a number of pedestrian I easements that have not been improved in the form of paved bike paths or walklays. At thjs time we have no plans to make such improvements on this easement. However, in the event that this property is redeveloped, we would like to see some type of improved pedestrian access in th'is area. The Town rvould be receptive to any number of alternative designs for how this pathway could be established. Examples that we discussed last week could include a vralkvray along the north end of a new structure or a pathway separated from any new development on the site. l^ljth respect to your questions concerning maintenance and ljabil ity, Larry Esquith has indicated that the Town would general ly cover ljability of a bike path or walkway on a recorded pedestrian easement. In ntost cases 3. the Town .t ro *u?tuins these wal kwavs' ll?i"I:'' O further clarifications of these.issu-es wottld -be necessarv tp;;';;i;i^s '*'t,-i.llual desittn oT a wal kr'tay if #l "h"^-o"t"it developed' I hope this ansrvers some of the q'::ll:1"v"!!,i'l''^ i?l:?:lti?tHtt irru!. Please do not hesitate to 9oll,u^::n"%;;;;";i' concerning the recording of the pedestrtt S j ncere ly, 4t-, Tom Braun Town Planner Prolect Appllcallon Proiect Description: Contact Person and Phone owner. Address and phone: OleU- 6OFlWg= . Architect, Addr€ss and Phone: - ,J>tt , c r , /-q ('^1a 4- ' z?'a I Legal Description: Lot €stock ---b-- rltns 14 , zone - Commenls: Design Review Board Molion by:\iln rN \ Seconded by:Cnqrr\00Q DISAPPROVAL "",", t/ 1/(s E Statt Approval Si te Roof ZONING STATISTICS SUI'T{ERS LODGE Surmer .|985 HDMF ZONE area: 14,063 s.f. Ridge: 8197.5 = 43.5 height 48.0 allowed Setbacks Densi ty GRFA Site Coverage Parki ng GRFA ALLO}IED I-OToF 8du 8,438 sf (60% site area) 7,031 (50% total site) 75% must be enclosed 'l ,687.6 PROPOSED 4 proposed 8,438 sf 5,090 7 covered spaces l'loading 2 open 'l ,635 remaining 52.6 sq ft Unit l: Unit 2: Unit 3: Unit 4: 1996 sq ft '1996 2021 242s 8438 total GRFA .: +,Eod o 0)vI "*S '3q ul o)(d.l Htr..{ F.-t o et'i3{Jrl-{ . - C c\P Ul tO o oo '''l (d; E :io fii;c <f utq, ot@J r r- o-{ H .o o -t€ uiE*,; g :ra Ei'; il .,.Ej 9fi3!r C \.d O frl(6 o ' cn ul f{ P'{{ EE 3 g.g 1..8rn 6r-r -.;F fifi6 UU s+J- -.J .rrui{ l,t.{qc \r.t -{J9 oX6fl. 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(l) t+{ |3ll{Oblo .-.t ol-rl+r4ulr+{ (D Io3lttEolllla-ll -t .{l(rr O '{l\ooroi'sa '-l .r{ drJl! -.{o5l{ trl.< F.{od+J +J..1 OaF ool{o .d 75 soulh tronlage road vail, colorado 81657 (303) 476-7000 oftlce ol oommunlty development August 30, 1985 Craig Snovidon, Architect 201 East Gore Creek Dr. Vail, Co. 81657 Re: Summers Lodge final DRB approval Dear Crai g: 0n August 21, 1985 the Design Review Board gave final approval to the Summers Lodge project. My build'i ng caiculations show that the GRFA for the building is 8,438 square feet. This is exactly the sameamount thatis allorved under the existing zoning. Eight dwelling units are allowed on the site, however this proposal includes only four dwel'1 ing units. The approved roof ridge is 8,197.5 feet. The only other items left to address are the fol lowinq: 1. A revocable right-of-way permit is necessary for all encroachments on the public ri ght-of-way 2. The drainage plan on the west side of the building presently shows that the water flows out to ll|jllow Place. The Town engineer has requested that you either pipe the flow of water to the north side of the Willow Place sidewalk jnto the drainage path between the Edelweiss and the Summers Lodge or direct the flow back into the interior building drainage. B'i ll Andrews also questioned if there was a pipe to catch the water underneath the sidewalk on the east side of the bui I di ng. 3. It is agreed that jf the replanted trees die they will be replaced by ten to twelve foot Colorado spruce as a minimum size. 4. The Lodge will rnaintain alI of the walkways on their property except the pedestri an easement on the south side of the property. -2- Sum{looge 8/30/85 5. Ut'i1ity clearance is necessary for all structuresin the easement areas. Please let me know if you have any questions about these comments. Sincerely, {,"f"lt'}r Kristan Pritz Town Pl anner KP/bt f / 't.\Project Application Proiect Name: Project Description: Contact Person and Phone nta owner, Address and phone: ( nf\ )UttttC0tt Architecl, Address and Phone: Design Review Board Motion by: Seconded by: APPROVAL t I t .\\- I \Frcl ot rIi-n*ilS 3 DISAPPROVAL Town Plan ner""," K(e\(6J E Statt Approval Project Application Proieci.Name: Project Description: Contact Person and Phone Owner, Address and Phone:Cnr\ \unnrnrt Legal Description: Lot Commenls: Design Review Board APPROVAL ""," 6/llf trS DISAPPBOVAL Town Planner \\11\(r1 E statt Approval rl +|[rfiff 'fB\, tq,qu-- Re: Comments from the August 7, 1985 Design Review Board meeting on the Summer's Lodge Dear Cra'i g: 0n August 7, 1985 the Design Rev'iew Board gave preliminary approval tothe sunrner's Lodge proposal . The following comments and issues were raised by the Design Revjew Board concerning the project: I. l'lest elevatjon: The exjstjng entry pl an has too many hard surfaces. The entrance could be softened by decreasing the amount of asphalt, pavers and concrete and replacingit wjth landscaping. In the area in between the sjdewalk and garage driveway could be buffered by a planting area. The sidewalk could also be pulled back from the street edge so that the length of the paved area in front of the Lodge is decreased. ?. West elevation: The treatment of the staircase should be given further study. The overhang on the stairwell is not a problem. From your elevations and site plan, it appears that you are within your setbacks. 3. llorth elevation: It was suggested that the patio and stone wall be extended to the end of the adjacent stuccoarea. This distance 'i s approximately another sjx and one half feet. The roof should also be extended along the deck another six and a half feet. 4. East elevation: The largest dormer on this elevation needsfurther study. Several members of the Design Revjew Boardfelt that the shed roof conflicted rvith the post beam treatment of the dormer. 75 south tronlage road vail, colorado 81657 (303) 476-7000 August 14, 1985 Craig Snowden 201 Gore Creek DriveVail, Co. 81657 offlce of communlly developmenl l August 14, 19E5 page wo S i ncerely, K^+^nf',h- Kri stan Pri tz Town Pl anner 5. The Design Review Board sugQested re-evaluating the cosmetic tjmber framing used on all of the elevat.ions. 6. The staff is requesting that you change the walkway alongthe south side of the building from a concrete threefoot path to a flagstone stepping stone pathway. Stafffeels that this type of treatment will give the pathway a more natural look and blend in with the surroundingbuildings and landscaping much better. 7. Fire Department concerns: The Fire Department basjcal lv had no requirements for this building. They did recomnend however that you sprinkler the building and use thejr fire alarm system. Please note that these are not requirements. 8. Public l^lorks: The Public illorks Department has made thefollowing comments on the project: a) No new f1 agpolewill be added on the east s.ide of the building. b) Arevocable right-of-way permit will be necgssary for all encroachnents. Please see the enclosed form. c) The Lodge will maintain all of the walkways on their property except the pedestrian easement on the south side of the property.d) The tree on the south side of the entr.y vralkway on tire bast'elevation needs to moved west a minimum of five feet. d) Utility clearance is necessary for all structures in the easement. 9. Landscaping: The aspen trees will be a required minjmum dimension of a two inch caiiper. It was agreed that if thetrees died that are being replanted the.y will be replaced byten to twelve foot Colorado spruce. Please let me know if you have any questions on these comments. I have scheduled the summer's Lodge to be reviewed at our next meet'i ng on August 21. INTER.DEPARTMENTAL REVI EW PROJECT: DATE SUBMITTED:DATE OF PUBLIC HEARING COMMENTS NEEDED BY: BRIEF DESCRIPTION OF PROPOSAL: ' ' o,zr?C- /224./N46e fc4.t 1t'll'n'lded 5/bt a" Sata-rtgte e-o,(.,J, Peual fr< //<< 4!71<a64qva2qxtZJ 1-ooG c.)t LL 42tftar7,|t^t ,+L<- uJFee).+Vs 22EE-E czr-t/N+aC 7a4E Socta4 6/ €an/4./ t-,'4LK'<'41 t'a o< ,n.vae zo v1erz /j ,4r,v $F 5-/ @a @6 @ u".1ta7 €c.,*-.+ncs:- fr^ 4.< ,,-ild{el, F'RE OEpARTUTNT4* 's' sla€ o'< P'.€',e;7 J nnli ,,oq 7//-/t f6fra'z? " .: C . '\) €:4iFrzClv.7 rflr4 €7q t/ -S zt-r o '--r c,<> R'€ ' /f.\JV af lT Reviewed by:Date Comments: O l Jo Stoqt--t4l- /<+rlL-+o R,^P'g Nc"-1\ 4 5 r2/9ctts{4e L45/ Tzzze =/*PAG,- t=o<o-'::^1 a--4*'/ 41Na 7a @*at*y eh (,Oe T4e kev 7r.td t ad{ POLICE DEPARTMENT Reviewed by: Comments: RECREATION DEPARTMENT Reviewed by: Comments: PUBLIC WORKS Reviewed by: Comments: Date T_ _U- tL.\\\ Jrct "+t Reviewed by: PROJECT: DATE SUBMITTED: COI'IMENTS NEEDED BY: BRIEF DESCRIPTION OF PROPOSAL: PUBLIC },IORKS I NTER-DEPARTiI'?{TAL REvI El.l t t.alniuA! \ Comments: POLICE DEPARTT',IENT DATE oi PUBLIC HrAnIre ArLr.?F Date FIRE DEPARTMENT Reviewed by: 'eC omtzot o Reviewed by: Comments: Date RECREATION DEPARTI,IENT Revlewed by: Comments: Date .t'. '\, NAI4E OF PROJI.CT: LEGAL DESCRIPTl()N: ,. I ST OF I'1ATER IALS.,o Summers Loclge STRSET ADDRtss, r:. rgJ]q!-c, ,;A;Gi.r, co J r,5z-'DtScRIpT]0i'l0FPR0J-ECTr-@qtor'.j.nruunwrthcovered;;rl<ine-- The fol l owi ng j nformation i s requi red for subnri tt.a.lEoard before a final approva'l can be fiven: A. B0ILDING |TATtRIALS: TypE 0F MATERIAL the applicant to the Design Revierv c0,_0R nat u'.alRoof Other hra l I cedar I'AIaska sid rt, l trxl Olr (stalned art if 1c i.al- st-ucco Olympie S.T. 718 l'laterial s Oly. Itnava jo whi te" sLone vq1ee. tandom paLLern cerlar (stained )Ol-y Solld "Beechwood'r antificj.al stucco (nav white) and lx6 cedart Olv Solid "Beachwocd" wood clad white oerlan tr<f .ino.l \01y So1id rrBeachwoodrr wood cl-ad white Fascia Soffits. Wi ndorvs Wi ndorv Tri rn r Doors Door Tri rrr Hand or Deck Ra,i 1s Flugs Flashings Ch i mneys Trash Encl osures Greenhouses 0the r cedar or ar ti.frci.a] slucco 01y Sol-j-d I'Beachwood" wroqght iron (painted), cedan (stained), copper (natur-a]-) meta-r- (pajnled )01y Solrd t'Seachwood" mef-a I /neinl-ar] ) ^^vuv /, vv (nalural ) artrfical stucco 01v SoIiC "Beachwood" 01y t'navajo vrhir.e!! n/a n/a accent tr jm (doors , windows, raili.ngs )K,r'l'la^ 1!n?? ItMvvrr-I6tl,,Jr vre slone ralling caps = ffagstone a LAIiDSCAP r : llame or Des i gner: phone: PLAi'lT HAI i ri I ALS : PROPOSTD TREES Botanical I'iame Coqnon Narne see drawinqs EX!STIIIG iItIES BE REi,iOVLI, T0 see drawings *lndicat, rliper for decjducious trees. I S.l ze* l'latthews & Associates Indicatp hpi oht fnn rnni farq PLANT MATERIALS: fnnnrt'l SHRUES Botani ca'l Name dec drar.rinoq Common Name GROUND .i. cnn : rn\r Fpq Snr r: nc Fnn ta np see d rawjngs see drawirrgsqF FN TYPE OF I RRI GAT I ON TYPE 0R lil:TH0D EROSION { iJNTROL 0F see drawrngs c. ,t INDIRECT SPHERE BOLLARDS. 10" dia. ctear acrylic sphere diffuser with aluminum reflector top. Internal splead ref lector. All aluminum constrrrction, Concealed base mounting elimlnates exposed bolts or covers. 62031 Incandescent 100w 62031M Mercury Vapor 100w A-23 'Standard ballasl is N.PF., -20" F. (120V 208V, 240V or 277V- specify voltags), H.PF. ballast availabto at slighlly higher cost. (120V 208V, 240V or 277V. -specily voltago.) I 'i Il rro" dr..-l ",f **sroW 62028 Mercury Vapor 100W E-2372 or BT-25 Slandard ballasl is N.PF., -2O" F (12OV,24OV ol 277V -specily vollago). H.PF., -20'E ballast available at slightly higlF er cost (120V 208V 240V or 277V'-specity voltage). 62128 High Pressure Sodium 70W. E-231h ot BT-25 Standard reactor ballast is H.P.F. -20' F (120V 2O8V,24OV ot zrtv. -specity vollage). 62728 High Pressure Sodium 100w. E-23h or BT-25 Standard reactor ballast is H.PF., -20' F (120V, 208V,240V ot 277V, -sp€cify vollage). 277 volt ballasts are available for Bollard luminaire utilizes dual reflector system which efti- ciently directs light in a wide downward pattern while shield- ing the lamp for exceptionally low brightness. Clear cast aciylic enclosure. Cast alumi- num base and top with extrud- ed aluminum .125 wall housing. Tamperproof locking screws. Concealed base mounling eliminates exposed bolts or covers. these H.l.D. units, in both N.P.F. and H.P.F.- Befors specifying, check local codes lor allowabls vollage to ground requirgments. PnFSCOL|TF 17 lr f.r- r ir,rrrvor |t glass back 37G-2 louver w/o glass back pan€l 37G-4 tempereo prismatic glass 2-25W .incandescent 37F-1 buver Malba glass back pangl 37F-2 touver w/o glass back panel 37F-4 tempereo prismatic Alass 2 FOT5,6W fluorescent 120V only Weatherprool, gasketed fixtures of all diecast aluminum construc- tion. Incandescent or fluorescent models. Choice of louverad or tempgred prismatic glass facs- platss. Separate diecast panel lrim allows flush mounting in wet surfaces (concrete, plaster, etc.), or in overlapping dry surtaces (wood, dry wall, etc.). Recesssd hodsing is epoxy primed, and finished in gloss white enamel. Faceplates are textursd gray. AL-1 touver pansl AL-4 hinged louver panel AL-s hinged louver panel dtwo groundsd conv8nisncg outl€ts AL-6 hinged louver panotdons groundod convgnience outlet and olf,/on switch. 15W A-17 or 25W T-10 incandescent. ALF-1 tower panel ALF-4 ningeO louver panel ALF-S ningeo louvsr pan€l two grounded conveni€ncg . outlats ALF-6 ningeo louvar panel w/one grounded convenjence outlet and oll/on switch. 1-F4T5,4W fluof€scent 3" recessing depth allows installa- tion of these incandescent or lluorsscent units in STEEL STUD CONSTRUCTION. Fixed or hinged, diecasl louvered faceplates with diffusing glass back panels (std,). R€cessed housings of welded steel with gloss white baked enamel finish. FaceDlates are finished in textured gralr M{ lqr-l s d 6.tti- _l' ,.reCESSgO WRLL.Srep,nruo WALK LIGHTS I :Ear-5i-r llJ=F E%" 'O O : 'r 5%"I-Ln !, r-E:-| |I rJ a r. u.j______________ r. I}----\+ I -rl----------t---j l' i l-r v..-l [-rcv." -Jr- -t-lo.h,'-1 37C ACCESSORY WIRE THRU BOX ot cast aluminum with 4 holes. Fils back or bottom of rsc€$ed housing. Tapped tor !e'conduil with 2 closure plugs. (SPECIFY) It -4- A.lJ' ---1 -f I 6Va', T 5t/4 I Su,mwtavt Lfuat l-nu.'-*- _---r_ orA"_-- F l.' -r t- 7 |t, .4- y-aw'-*- -+-ew'-- 93047 Mercury Vapor Recessed Aisle Light 75W E-17 Deluxe white Morcury \r'apor Lamp Fully gasketed, vrealhgrptool fixlure lor rgcessed wal, mounling. Oiocast aluminum lac6plate incorporaling dlocast louv€rs. Casl alurninum housing. Spscular Alzak rstleclor. High power factor, C.W.A. ballast fully accassibl€ through laceplate. T\,vo poinl lock-up, stainless steel Allsn Head fasteners. Tempered cl€ar glass sealed to lacsplate. Gray textured enamel linish, Housing dimensions: 816' wide x 4'd€€p x 1l-3/16'high. Exlornal splice box (4lt'wide x 2t/2' higlr) shipp€d standard as pan of unil. Ov€rall h6i9hl of Housing with Splic€ Box 13%'.lqv{4 8 PRESCoLITE CCTVI MI ITMENT TO INSURE This commitment was produced and issued through the office of LAND TITLH GUARANTEE COMPANY 108 SOUTH FRONTAGE ROAD WEST _ P.O. BOX 357 VAIL, COLORADO 81658 (303)476-22s1 Representing: frrle lr,rsunauce f,orvrenr.rv or [[f rr.rr.rrsorn Countersigned I f lM Fo.m 25A2 :/,'t Jrrrr o"r*,.o*?ND rrLE AssocrAro* .o"r,rt*r - 1e70 Rev. I r.rsunnr.rce f;orvrpANy or ff| | N N ESorA a Stock Company of Minneapolis, Minnesota f, TITLE INSURANCE COMPANY OF MIi\NESOTA, a Minnesota corporation, herein called the Company, for a valuable consideration, hereby comrnits to issue its policy or policies of title insJrance, as identified in Scheduli A, in favor of the proposed Insur-cd named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in_-Schedule A, upon payment ofthe premiumsind charges therefor;all spbject to the provisions ofschedulesA and B and to the Conditions and Stipulations hereof. ' This Commitment shall be effectiv-e only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Cbmmitment or by subseque n t cndoresement, . This Contmitnient is preliminary to the issuance of such policy or policies of title insurance and all lidbility and obliga. tions hereunder shall cease and terminate six months after the efiective dat'e hereof or when the policy or policies c6mmitted 1or shall issue, whichevcr first occurs, provided that the failure to issue such policy or policies is not ihe fiult <if the Compuny. CONDITIONS AND STIPULATIONS l. Th'e tern "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. ^^ 2, Ifthe proposed Insured has or acquires actual knowledge ofany defect, lien, encumbrance, adverse claim or other matter affecting the_ estale or interest or mortgaga thereon covered by this Commitment oiher thrn those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in wiiting, the Company shall be relievecl fiom liability for any loss oi damage. resulting from any act of reliance hereon to'the'extent thi Company is prejudiced by failure of the proposecl Insured to so disclose such _knowledge. Ifthe proposed Insured shall disclose such knowledge to the Company, or if the Company other- wise acquires actual knowledge of any such defect,lien, encumbrance, adverse claim or other maiter, the Company at iti option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company'from liabiliry previously incurred pursuant to paragraph 3 of these Conditions and Stipularions. . .3, I-iability of^the Com-pany under this Commitment shall be only to the named proposed Insured and such parties in. cluded under thd definition of Insured in the form of policy or policies 'committed for and bnty for actual loss incurred in re. Iiance. hereon in. undertaking in good faith (a) to comply wlth tlie requirements hereofor (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or inierest or mortgage thereon covered by this Commitment. In no event shall such liabi.lity e-':'et:,.1 the amount stated h Schedule A lbr the policy or policies committed for and such liability is subject to rhe insuring^ provislotrs and the Conditions and Stipulations and the exclusions from Coverage of the form of policy or pdlicies com- mitted for in favor of the proposed Insured which are hereby incorporated by reference and made a pait of ihis Commitment except as expressly modified herein. 4. . Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status ol'the title to the estate or interest or the-staius of the mortgage thereon cwered-b/this Commitment'must be based,on and are subject to the provisions of this Commitment, STANDARD EXCEPTIONS ln addition to the matters contained ur the Conditions and Stipulatlons and Exclusions from Coveraqe above referrecl to. this Comrnitment is also subject to the following: l. Rights or elaims of parties in possession not shown by the public records. 2, Easeurcnts, or claims of easements, not shown by the public records. 3. Discrepuncies, contlicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspcction of the premises would disclose and which are not shown by the public records. 4. Any lic'n, or rigl-rt to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not showtr by the public rccords. 5. Defects, lir:ns, encLttnbranccs, adverse clainis or other nlatters, if any, created, first appearing in the public recorcls ol attacllirlg subseclttent to the effective Cate hcreoj' but prior to the date the proposctl insured accluilr's of r:ccord for value tlre estate or interest or Inortgage theleon covered by this Cor.nmitnrent. IN WITNI:SS WHEREOF, Title Insurance Conrpany ol- Minnesota has caused its corporate name and seal to be hereunto affixed by its rluly authorized officers on ttrc dare shown in Schedule A, to be valid when countersigned by a valiclating oiiicer or other autho r ized signatory, Irle lr.rsunar.rcr Iorvrnnruv or [/'f rr,rr.rEsorA 1D^r,-.* -1177:^- LAND TITL e SUARANTEE Rcpncrcnttnr Tttlc Incuncnce Comranv of THANK YOU FOR YOUR ORNER NOVEf'IBER l$r tt$4 oun 0rdrnr VOOOZIZS FOI.{PANV l.ll nncrote BUYERI SELLERI ADFRE$$I t, ATTNI l, ATTNI I ATTNI ,t, t ATTNI I ATTNI CARL il, sul"ll'lERg, LEIOH H. NTIRGREN VATL ASSOCIATES PO EOX 7, VAILI CO B1657 ROCKY , CABL 1,. gul.lt',lER$ 26ll CEDAR SFF{rNOS nALLAS, TX 7.5?Al tc) & CO.r A PARTNERSHIP LEIBH fF-|lfiTtgf,N €S HEAOE LANE ENOLtrO0nr Do 80r10 EEAVER CRSEK FROPERTIES PO BoX 95t AVONr C0 81620 ,-lAN JOHNBCTN $LIFER & CCl, LES STREETER axaa datH O ALTA eoil!r $CHENULE I'IENTIT A - Chrnrrf -Oltnen Fqllcy , .rl2r670.oO--TOTALT- s?,67O.0O '|tl.llth voun prmlttrn€c rlease Effrqtlvr Drtor NOVHT'IBER e0r t?84 et Fol lcy to br tatucdr and rDr6po$"d In$Ur.odt "ALTA" Ouncn,s pol lcvForn B-lg7O (Amandcd tO-17-7O) Pnororad Inrur.cdr cARL l.r, 6UHt'lER6r rtR. gt OO A.1,,t. flr450rO0O.OO : ,t !r 2, 3. l:. st thc *ffectivr to tn thls fol I ourr THE RECORDETI A FEE 4. Tltlc to thc crtr.ta on lntcne;t covcncst hcnetndetc hcrcof voltcd lnr LEIGH H. NORGREN & CO. T A PARTNERSHXP 5. Thr land rcfcnrcd to tn thrs confilrtmant rc dcrcnrbcd Lor 3 FLocK 6' VAIL VILLAFE' FIRsr FILIN8, AccoRnINBPLAT THEREOF, COUNTY CIF EtrIGLE, STATE T,F COLORANCI. Eg TO Arpl lcrtlon No. V0O07!ASt.- , Fon nefcr to V0QO7123, Thr rrtrtc.o. lntcncrt rn the l*nd dc'cFlbcd on nsfsnncdComnltmsnt. tnd covercd hcncin !.rl o ALTA COHI'4 IT?'IgNT SCHENLILq B-1 (Rcrulnem*nta) Aprlieatlon No' V0OO712S Thr 4olloolnr rrc the ncrulnamcnts to bc compllcd uJtthl t. Prvncnt to or fon thc account of thc rnantora on moFttalqnr of thc ful I conrldcnrtlon fon thq cstcfr on lntorcrt to h* tnrunod. 2. Pnopcn inrtnumcnt(g) cncattnn thc cstate on lntcnort to bs inluncd m$rt bG cxrcutrd rnd du'l v flled fon rccondr to-trrltt 3. RELEASE OF NEEN OF TRUST SATEI] SEFTEHFER T1T T9S?.t FRBH LEIOH H. NORI]REN & CO, ' A PARTNIR$HIP TTI THE PUBLIC TRU$TEE OF EA6LE COUNTY FCIR THE USE OF NEW BRITAIN FEIERAL $AVXN['S ANI] LOAN ASSOCIATION T0 SECURE THE SUM CtF $ZSO'O0O.QO RECIRBED $EFTEI"IBER 28r l9B2r IN tsOOK 346 AT PAGE 501. 4. EvlrtENf;E SATISFACTORY TO THE CfiHFANY THAT THE TERt'lSr CONTTITIONS AND PROVI6IONS OF THE TOI^'N OF VAIL TIIAN$FER TAX HAVE BEEN SATI$FIED. S. I.,ARRANTY DEED FROI"1 LEISH H' NORBREN & CO' T A PARTNERBHIF TO CARL tl. SUIlt'lFEli' JR. CONVEYIN0 SU$.JE|:T PROPgftTY' NOTET 'rRADg NAI'18 AFFIDAVIT RECORITED SEPTEI*1tsER ?8, 19g2 IN BOOK 34& AT PAOE SOO DIS':LO$E8 LEItf,l{ H. N0R0REN' LORETTA l'1. NSROREN ANB DONALD K. NORBftEN TO FE THE C.IENERAL PARTNER$ DF LEICIH H' NORBT4EN E{ CO.T A OENSRAL PARTNERSHIF' o ALTA CCIHMITI,I ENT scHEEfJLg E-2 (Excartlonsl Aepllcetlon No. VOOOZfZS o Thr-porlcv on-rolfctcr to bc rsaqed u,rlr contrrn cxccptrons to theIl;I:[lnr unfrsc th* ".* in. dlrnoscd or to ths sctrsraiiion-or thc t. $trndrnd Excaptlonc I thnourh $ pnrntcd on thc covc' rhect. 6r Trxcr rnd trrorrmentl not-,vet duc on prvrblq. end spcclal rrrc*nrncnt,not vct c?r.tlftcd to th* Trenru"*nJs;;;;;". 7. Anv qneeid te,xcr on trrersmcnt.g rcnl.nrt sald land. €f. Llcnr fon unpald uaton rnd gsrucn chanrerr lf eny. ?' RI0HT oF FR0PRIET0R 0F A vErN oR LODE To ExrRArtr ANn REFlc,vF HIs 6RETHEREFRCIt''l-9H0LlLn THE $AFiE Bs Fc'LIND rn rsNErnATE orr INTER$Ecr rHEPREt'frsEs As RE$ERVED IN urulrgn STATEg i'nrirur RgcoRnEn rJULv 1g, tst?fIN BOOK 48 AT PA8E 475. lo. RIGHT OF h'Ay FtrR nITT.HES !,R,CANALS fiON$TRtrCTEn FV THH AUTHORTTY 0FTHE uNlr[:il $TATE$ As REsgRVEo IN rinriien sinres pATENT REcoFrrED JULvtzr 1$?rr tN EOoK 48 AT pRnE aztr, 1I. RESTRICTIONS HHICH DO NOT CCINTAIN A FORFEITURE OR REVERTER CLALI$E,BUT OI.IITTXNC| REBTRICTIONS, ,IF AlrtVr BASFn CIN RACEr r:rf,LcrR, RELIBIONToR NATIUNAL oRIoxN' n^t CCIwrnINro IN-iu*inriuErvr Rsc[rpngn Alr6usr le,tg62r IN EOOK 174 AT pncd rzp. 12. EA$EI.IENT 20 FEET IN WIDT}I SIONE THE SOUTH Lt]T LINE fiF SUBJECT Fiflift$]r n$ sH$ouN CIN rHE REcoRnEn Fuoi-oe vorr_ vrllnne, -rinsr 13. UTILITY EASEI'IENT IO FEET IN I{INTH ALONO THE NSRTH LOT LINE OF$UBJECT PNOPERTY A$ $HOWN ON"THE NECr:NNEN FUNi NT.VAIL VILLAEEIFIRST FILINg. 75 soulh trontage road Yaal, coloredo 8'1657 (303) 476-7000 August 8, 1985 Tom Constant'ine 5650 DTC Pkwy Englewood, Co. 80111 Re: Surmer's Condominiums Pedestrian Easerent olflce ol communlty develoPmenl o pedestrian easernent for have questions. Dear Tom: Here is a copy of Norgren property. the dec'i sion on the Please ca1f if you the Si nce re ly, './ i i) l {rt',f'r'" (..fl Kristan Pritz Town Pl anner KP/bl f SUBDIVISION Jor] NAMn u'l'l l,r'l'y Loc^'il0N vilil ilr tc^'il0N Toum of Vail - Vail Village Surnmers Lodge LOT BLOCK F ILINC i/ai1 lli l iaoa Finsf Fi l ino . ADDRESS 123 lJittow place, Vail_, CO 91657 The location of utilities, whether theylines, nrust be approved and verified by acconpanying site plan. be nain trunk the following lines or proposed utilities for the Mouni.ain Bel1 Western Slope Gas Public Service Company HoIy Cross Electric Assoc. Vail Cable T.V. Upper Eagle Valley Water and Sanitation District Date rue<- , r--./-.A./.h* NOTE: These verifications do not relieve the contractor of his responsibility t,o obtain a street cut permit frorn the Town of Vail, Department of Public Works and to obtain ' utility locations before digging in any public right- of-way or easenent in the Town of Vai1. A building perrnit is not a street cut pernit. A street cut perrnit must be obtained separately. This forrn is to verify service availablity and location. This should be used in conjunction with preparing your utility plan and scheduling installations. Authorized oo lnwn 75 south trontage road vall, colorado 91657 (303) 476-7000 July 3.|, 1985 oftlce ol communlly development Craig Snowdon Snowdon Hopkins Architects20.| East Gore Creek DriveVail, Colorado gI657 Re: Summers Lodge Submittal for Design Review Board Dear Craig: fl$rJ"il.il1:"lf:r:rmmers Lodse submi ttat , the fot r owi ng i tems sti I l 1' My gross residentiar froor area carculations differ from your figures.For Unit l, I show z,tsz squiii i"g!, rJnit i,-i,jgi ,qrur" feet, Unit 3.2, 050 square 19et,^!1J.u"ii-+, 2,454 square feet. My calculationsindicate that-lhg enrA ii q6z'iquur. feet over the atowabre GRFA of8'438 square feet.. preaie ii,riii your set of GRFA carcurations to meso that I can check th; iis;;;;:- 2' A lamp post detair is needed for the lighting on the southwest cornerof the site. 3' Information or ll:-n:y frag po'g-shourd be submitted. The informationshould incrude.what the rrig'wiir be and if the pore wi, match or notmatch the existing ffig poiEr. "' 4' A revokable right-of-way permit will be necessary for the moss rock wallon the east side of thJsi;; ;; ;;ii ;; ffi;il;"p;i;. 5' Two-inch carioerforquaking aspens is the minimum size tree that isallowed under the oes'ig;'niui"['iiiurd_ guicie'rin"i. -ni'this time, your3l.i i[il:rr-r* inch-iii'ip".."'t" curip".-inouii u"".nansed ro a minimum At this time' I do not have comments from the Fire Department and pubric works.In;{ri"i.l'"jl".llf il'-or ".ui"ii';; r;t," prins. -ni-i"ii"i, r r,.u,^ rrom themprease i.i il."dJ-"ti'ri,1"ff,:';"1iil.:tff:ri;;;;: tnat need'-to ue resoivei.'""' i I I I i I I I ii'l tt* laPraa!' ,ltl(t I\J i rl 31 2is ttDtt ],1j 3a.;/rlo )ts Eort ) 1787 q t6D 8 Y - 50a+ i: ? rll - j lrx \1 jlD x It I r\ Y- \D+> ilxg ! xJr= 0. llrf r JL +> fD x3l ilt r, W iI xto i\ x? 'itt8 Kt x31 i a r?- l,tD x \ i ,{ y,Y-} 4+1-t)> oo Un* t{ ffi+tlivo.ts q,+t sd.rf 16 r9{o tC l??,t / ??1FtL rs {L.ey _%..=_ffi trqar rd{rl f&r,rrrron ]+') INFORMATION PACKET FOR THE VAIL TOI.IN COUNCIL and PLANNING AND ENVIRONMENTAL COMMISSION JOINT MEETING October 23, l9g4 From the Community Development Department Town Council and Planning and Environmental Commission Joint Meeting 0ctober 23, .|984 12:00 pm Agenda Time l2:00 to I:00 l. Town CounciI/PEC Decision{4aking 'A&DBuilding ' 770 Potato Patch l:00 to l:20 2. Spraddle Creek Annexation l:20 to I:40 3. Vai'l Village Inn Redevelopment Proposal l:40 to 2:00 4. Sumners Lodge Proposal 2:00 to 2:20 5. The Lodge at Vail Master Plan 2:20 to 2:30 6. Vail Residential l'loodburning Survey 2:30 to 2z4O 7. Consent Agenda T0: Town Council and Planning and Environmental Commission Community Development Department 0ctober 23, l9B4 FROM: DATE: SUBJECT: Spraddle Creek Subdivision Discussion Several members of the Planning and Environmenta'l Commission requested thata discussion.take place at this joint meeting regarding the proiosed spraddle Creek Subdivision. The. followils memo wilt ittempt to give i tittte ulcigrounaon.the proposal , the schedule of-the process, stating w[ere we are in ine"pioless,and what the major issues are in the proposal . For approximately the past year the staff has participated in a series ofdiscussions involving a major subdivision propbsal on'Vail Associates' SpraddleCreek parcel . _The parcei conta'ins approximatbly 77 acres of land which includesthe north Anholtz site (retangular parcel west of the Town Shops). The propertyis cumently in the Eagle county jurisaiction and zoned Resource'(open sbaili. " The parcel is accessed_through the Forest Service owned property, ilio conrnoniyreferred to as_spraddle creek. The Forest service spralalb crlek property is-currently involved in the land exchange proceedings i"rittr Western Lbnd'Exc-hangeand Lodge Properties, Inc. There is an bxisting iivery stable and winter-tiriesnowmobile operation on the Forest Service propirty. Lurrent'ly, the subdivisionproposal requests 24 lots zoned Primary/Secirndiry w;tn tne reslriction of employeenousing use on the secondary unit if it is rented. The proposal involves vai^iaircerequests.in the area of road grade requirements (10% proposed versus 8% maximumrequired). Received about a month ago were the preliminary plans for the subdivisionproposal as well as the Environmental Impact Report. These have been distributedto the PEC and the Council should receive copies of the EIR shortly. Furthermore,both the PEC and the Council have conducted site vjsits, and the PEC gave theirpreliminary concerns and comments to the applicant following their viiit. Following the finalization of the annexation ordinance (two readings), the Councilwill direct the PEC to hold a public hearing on the zoning of the pr6perty. The preliminary plan for the major subdivision proposal witt ue heird'similltaneous-ly with the zoning proposal at the first PEC public hearins. The PEC's recommen-dation on the zoning and the major subdivision will be seit to Town Councilfor their consideration. Following ttvo readings of the zoning ordinance, the PEC will take the final step in the approval process by revieijng the final plat submittal for the subdivision. Spradd'le creekJ-10/23184 t| ,i ( The following are the significant issues regarding the proposal as identified\ by the planning staff, Council and PEC up to this point in time: l. The general growth and land use planning issue involved in annexing property currently zoned open space and zoning it for development, especial'ly ina hi'l I si de area. 2. The overail re1ationship and interface between Vail Associates' requestfor deve'lopment of this parcel with the adjacent owned Spraddle Creekparcel which may soon be owned by private individuals interested in its development. 3. The concern over granting variances to the subdivision regulations regarding maximum road grades. 4. The visual impact of the development, not only from in-Town areas, but from the skier on the mountain',s point of view. 5. The impact upon the livery stab'le operation. Vail Associates representatives will be present at the meeting on the 23rd to answer:any questions which may arise regarding this proposa'l . ( l T TO: FROM: DATE: SUBJ ECT: Town Council and Planning and Environmental Comnission Cormunity Development Department 0ctober 23, 1984 A discussion of a proposal for the redevelopment of Phase IV (VaiI ViIlage Inn). Applicant: Tony Genth 4!_y9u are all undoubtedly aware, a proposal for redeveloping Phases IV and V of SDD 6 was submitted to the Town in the fall of 1983. This pioposal involved a number of changes to the original SDD 6 to a'llow for the construction of a condo-tel , conference facilities, and a commercial p1aza. After extensive review by.the staff, the PEC, and the Council, the proposal was ultimately denied in February of 1984. The staff has been in contact with representatives of the deve'loper over thepast month to discuss a new proposal for this site. Two meetings have been heldwith Gordon Pierce and Jay Peterson to discuss the general concept of this proposal .At the time of the writing of this memo, the information the staff has receivedis limited to a vicinity.map, floor pians, three section drawings, and one elevation.ConsequentlY, the staff (as well as other Town of Vail departmeiti) bannot provideyou with an extensive revjew of this proposal The purpose of this nceting is to share with you the information that is nowavailable concerning this proposal . It is not the staff's intention, nor are we now capable' of providing any recommendations specific to this proposal. The Purpose of this discussion is to: l. Provide you with a general overview of s ubmi tted . 2. Highlight the major issues with respect by Piccidi 1'ly Square, Inc. the latest proposal that is to be to the last proposal submitted 3. comment onhowthisnew proposal relates to the issues/problem areas that were identified during the review of the Piccidilly proposal, as well as what issues may arise with respect to this new subrnittal . The staff has been advised that a formal submitta'l will be made to the Town on October 29th. Another work session with the PEC is planned prior to their firstformal review on November 26th. l'thile the specifics'of the bpplication are not known at this time, the request wjll involve amending the original sDD. Thiswill require review by the Town council once a recomfrendation-by the pEC has been made. ,The.Piccidilly proposal and this new proposal are substantially similar in termsof design,-size,-and concept. It must be recognizg6,.however, that there are alsoa.number of significant differences between thdse iw6 submittits (tnese aiiiErEnceswill be addressed later in_this memo). Nonetheless, it is importdnt to acknowledgethe issues that developed during the review of the Piccidilly'proposal. Briefly,they were the fol.lowing: 'l . Views from the 4-Way Stop The origina] SDD identified this view as a significant comidor that shouldbe maintained. The impact on views from the 4-Way to the Viliagi'inU-eoTOen Peak would have been dramatic. oou -2- 10/23/84 BACKGROUND ON THE PICCIDILLY PROPOSAL 2. Density There was a great deal of discussion over the amount of GRFA and the numberof units that belong on this site. This will be addressed in greater detailat the joint meeting. 3. Mass and Sca'l e Impacts from the structure on Drive were oneof the greatestproject. It was felt by many a "wall" around the project. Amoco Site the Frontage Road, Vail Road, and East Meadowpoints of debate during the review of thisthat the design was far too massive and created 5. 6. This was an interesting issue in that some felt the loss of the station was a detriment' while others felt the site provided a much improved entranceto Vail as a partially landscaped area. Phases IV and V There was much concern.over the -timing of the completion of this project.As you reca'll, it was to becompleted in two.phases.. This presented a potentialproblem as far as when the project would ulti-mately be completed. Tenants The.inability of the applicant to resolve leases with present tenants wasa significant cause for the denia1 of the proposal. do u -3- t0/23/84 the denial of this project. submitted by the applicant, and potential congest'ion on Questions were the use of the Vai I Road and 7.Traffi c/Ci rcul ati on This was a'lso a key factor in raised over the traffic study ramp 'in Phase III for access, the Frontage Road. REVIEI^I OF THIS LATEST PROPOSAL It is our intention that this meeting be used to discuss this proposal at a conceptual level . while the number of rooms has been established at 164 (.l8 fewer than the Piccidilly proposal), the actual amount of conference and commercial space is unknown. There are, however, a number of s.i gnificant differences betweenthe two proposals that shou'l d be mentioned. They include the following: l. Phasing There are no'longer two phases involved in this project. The entire proposalis to be completed as one phase. This eliminates what was a major concernof the PEC and Council. 2. Traffic/Circulatjon The ramp in Phase III is no longer proposed as the ma'in point of accessinto the structure. Traffic for the hotel wil'l enter on the Frontage Road and exit out onto Vai'l Road (entry will still be possible on Vail Road). 3. Amoco Site 4. The Amoco site is not involved in this prnposal. The impacts of this factor are many, rang'ing from density to site planning considerations (these will be discussed further). ,; Lqndscaped Features There is a significant difference between the landscaping and open space featuresof this plan and the P'iccid'illy proposal. llhile a landscape plan has not been submitted, jt is evident from the vicinity map that landscaped areaswill be dramatically reduced in this latest proposal . ISSUES RELATIVE TO THIS SUBMITTAL tJhile a review of the above concerns with the previous o'ld issues will undoubtedly mentioned factors would indicate that many of the submittal have already been addressed, both new and arise during the review of this proposal . The elimin- ation of two phases is--a very positt've change between these two proposals. Whilefurther review of traffic and circulation rvill be necessary, the'fabt that thePhase iII ramp is not being used is a'tso.a wetcomea-imp"ov!,ient. ihe i;iio;i;gare felt by the staff to be significant issues with relpect to this propoiii,"' with the station remaining, there has developed a design issue as to howa "world class resort facility" will interfai:e with a ittting station immediately adjacent to it. 2. Massing Initial review of these plans indicate that the mass of the structure issti11..quite J9.q.. |.Jhile not utilizing the Amoco site has ',pulled thebuilding backu from the 4-way ltop, close consideration will'be given tothe structure's impact on the Frontage Road as wel] as view corridori fr.omthe 4-way stop. Amoco Site 3. Tenants contact has been established with existing 'leaseholds in Building 5. Indica-tions are that this issue wi'l I be resolveo ttris time around. st;ff wouldprefer that documents indicating such are submitted as part of this project'sappl'ication. 4. 5. 6. Loadi ng At this time, loading facilities are not designed to accommodate lg-wheelvehicles. This may create traffic congestion on Vail Road. Dens i ty Because the actual square.footage of.the uses in this facility are notknown, this issue cannot be addressed in grea! detai'l . Howevlr, the questionsover density are well known from the piccidilly proposal. It i; antiiipatedthat this will be a point of discussion again with this proposal Landscaping and Open Space Three elements of this proposal are dramatically different from the Piccidillvplan. The promenade entry is.eliminated (necesiitated by the Amoco staiion""not being a part of this plan) as is the garden area at the corner of vail Road and East Meadow Drive. The size of the "village plaza" area is a'l soreduced dramatically. staff considers these changes to be very significant. .5- 10/23/84f,u SUMMARY As has been mentioned, staff review of this proposal is limited by the amountof information available to us. l'le are anxibus'to receive a comp-teit-suumitiafso as to begin a-more extensive review of what promises to be a irerv signitiiintproposal for Vail. It should be stressed that lhe purpose of this rneetino isto.let you know as much as_possibte (as ear'ty us poiii6iei,-.dui-t;;;';i.;;prior to a formal submittar being made. youi. comments wiii ue ippreiiitea-uithe applicant we well as the staif. fi6o 77 ?).tS Y lfrS'l3}J. ?f /aD S1 E xY:a= &Lr:t - t xE' 5x Jf,: 3 X.l +J" // x3: )) 3]_ Nrl lo.st., )3+ffis Itt ru- i 101t {I ldl ,.t 3L .1)d/* l//tf, rP IU /73 1 I //a- Jo.rx (5 f f, x V.t+s &.5 u JL l? u7 Ivl r f,v )y. r J.J-v y:-t_ 31-f x (-ru yr% '! I- 't I I .i 'l i ih^!! i'? ' i .i I I I 'i I.l 26 tS,T L.frto.5- 3 1tr';f ti.r x-fis &u?{ try-tr+ )- i)- l'.5.r-]1.5 5i3q"fxt.5tq ll- .drA' fltu o o H,B/,7r@ ', ,/' ,IauALl(W vnl L nctL \ 4lrl I " J '1 'i7-l )(v tl -x')rl' ,'t r' I t UO(t J) ltr 0{z, ftAJl), 7o ) I -l:'-- flhd rvltd 6.f xil /31.t t( YK u>i )rJ 4-iIVL'*- $b I . ,l 'i I ,i - 6'J'"1,'' a'q, = SE'01 IL Project Applicatlon o*" {-€,-'3.Ti Proiecl Name: Proiect Descriplion: Conlact Person and Phone Owner. Address and Phone: Architect, Address and Phone: Legal Description: Lot .<.2- tComments: Design Review Board Date Motion by: Seconded by: APPROVAL DISAPPROVAL Summary: Town Plan ner ''i, ) li.7',.-'Dare: \l t i1 '' Prolect Appllcation ,v -G - 35; Proj€ct Name: Proiect Oescri ption: ------ Contaat Person and Phone Owner, Address and Phone: Architect, Address and Phone: Legal Description: Lot Comments: Design Review Date Motion by: Seconded by: , APPRoVAL DISAPPROVAL Su mmary: El.- Stalf AoDroval Dale: .f 75 soulh frontage ,oad vail, colorado gl657 (303) 476-7000 August 14, 1985 olflce ol communlty development and stucco and along the Craig Snowden 201 Gore Creek DriveVail, Co. 8i657 Re: comments from the August 7, l9g5 Design Review Board meeting on the Summer's Lodge Dear Craig: 0n August 7, 1985 the Design Review Board gave preliminary approval tothe Surrner's Lodge proposal . The following comments and issues were raisedby the Design Review Board concerning the project: 1. llest elevation: The existing entry plan has too manyhard surfaces. The entrance could be softened by decreasingthe amount of asphalt, pavers' and concrete and replacingit with Iandscaping. In the area in between the sidewaik and garage driveway could be buffered by a planting area. The sidewalk could also be pulled back from the street edge so that the length of the paved area in front of the Lodge is decreased. 2. }Jest elevation: The treatment of the staircase should begiven further study. The overhang on the stairwell is not a problem. From your elevations and site plan, it appears that you are withjn your setbacks. 3. llorth elevation: It was suggested that the patio stone wall be extended to the end of the adjacentarea. This distance is approx'imate)y another six one half feet. The roof should also be extended deck another six and a half feet. 4. East elevation: The largest dormer on this elevation needsfurther study. Several members of the Design Review Boardfelt that the shed roof conflicted rvith the post beam treatment of the dormer. t 5. The Design Review Board suggested re-evaruating thecosmetic timber framing used on ail of the ereiations. 6. The staff is.requesting llql you change the walkway alongthe south side of the 6uilaing from a-ionl".te tnre"foot path to. a flagstone.stepfiing stone-pitnway. Stafffeers that this_type of treatmeni wiii-giue the pathwaya rnre naturar rook and brend in with t6e surrouird.ing " buildings and landscaping much better. - 7. Fire Department concerns:..The Fire Departrnent basicai.tyhad no requirements for. this buirding.'-rhey did reiom#nohowever that you sDrinkrer the bu.iliing ini use tt"i" iir"a'rarm system. please note that these iie-not requiren*nts. g. pubric.works: The pubric rrlorks Department has made thefotowing comnents on the projecii'-ai -to n"" tiJgpJiewill be added on the east iiai or th;,bu;iding. bi'-A-revocab'le right-of-way permit wirl be ne.ersuiv ror Jttencroachments. prease see the encrosed torm. ".) 'ir,"" Lodge wilr maintain at of the walkwayt on'tt"ir'profertyexcept the pedestrian easement on the soutn iiae 5r-ltre-'prope"tv.d) The tree on the soutn sioe;i ih; "ni"v,urkway on the eastelevation needs to moved west a mintmum or'five i.6t. ii-uiiiitvcrearance is necessary for ari structuier'in tn" easement. 9. Landscapingr The aspen trees wit be a required minimumdimension of a two inch ca1 iper. It wis adreeo that if thetrees died that are being.replanted they *irr ue ,.jri..i"uvten to twelve foot Colorado spruce. Please let me know if you .have any questions on these comments. I havescheduled the summer's Lodge to bl reviewed at ou" ne"i-meeting on iiugust zr. August 14, 1985 page two S i ncerely, K^+^nf',f- Kristan Pritz Tovrn Pl anner :i lVlUS,LVlnt o 3SGO]SH3!/\IWNS o .E -C3 r{-o I c)f a 0) c) o) o :J(t Os 'l c 'c ,'1.. r ' :1,,'.; , in/r-!4 ,, .',,le'i r ' 1;lx;ili" ' ri't T]oo 3(- (g /'l \ r) I E 3o L) .E 3 co U) .9 r^) 3o :o)(- b !r (); I U', o,,oE .@ 3o.'Tt''C ' 3 ,a o APPLICATIIN FOR o5YOC.".BLr DcaurT T0 :R:CT 0R MAili;AiN ;i STRUCIIJRE ON A PUBLIC RIGHT-OF-WAY D^rE il roffS PERMIT NO. OI,INER OF PROPERTY NAME OF APPLICANT 0nt, .ADDRESS LEGAL DESCRIPTION PROPERTY TO BE SERVED: (Attach description on separate sheet il necessary Corner Lot Inside rotX_' DESCRIPTION OF STRUCTURE OR ITEM(S) INTO RIGHT-OF-WA\ 1f,,-Attach plans showing encroachment, property Iine, sideiE meter3, po1 ices, manholes, any other affected apurtenance in the projector dimensioned) and section(s) as well as elevations (if applicabie)lor dimensioned) and section(s) as well as elevations (if applicabre)l DOES STRUCTURE ;PRESENTLY EXIST? PROPOSED DATE FOR COMMENCEMENT OF CONSTRUCTION Fence t,lall 0ther x , area (to scale revocable permit for t'he structure above indicated, ADDRESS OF PRoPERTY To BE sERVEo II7 TIliIIow flaw In consiie"ation of the issuance of aappl icant agrees as fol'l ows: 'l ' Jhat the structure herein authorized.on a revocable pernrit basis is restricted^ glclusjvely to the land above desiriUea.z' lhat the permit is limited specifical]y to the type of structure described.in thisappl i cat ion .3' That the applicant shall notify the Town Manager, or his duly authorized agent, twentyfour hours in advance of the t-ime ior.orr"n.6r"nt of constrirction, in-oroer that proper. j],rpuglion may be made by the Town.'l' Inal rne applrcant agrees to indemnif-v and save har^nless thp Tnr.rn of ii.:ii €r rr- -,-.1against ar1 craims,,iuits, damages, c6sts, tossei ana-;p.;r"r"il ;;r'#;";;"l"lriar"nfrom,-arising out of, or ionn"i["J'rith the """.iion-or maintenance of the aboveidentified structure.5' That the permit may be revoked whenever it js determined that the encroachment,obstruction, or other structure constitutes;;;i;;;;;, oestroys or impairs theuse of the right-of-way by the pub1i., ionititri"i-J-ii.rfjc hazard, or the propertyupon which the encroachrnent' obstructi'on, or struiture exists is requ.ired for useFv ll'" public; or.it may u"-"euoieo at any ti;; i;;-;;y reason deemed sufficientby the Town of Vail.6. 7. o 10. 8. That applicant will remove, at his expense, the encroachment, obstruction, orstructure within ten.days after receiving notice of any revocation of said permit.That in the event said iemovar or-ihe'encroachment, obstruction, or structure .is notaccomplished within the ten aays, it'e iown is hereby authorized to remove same andapplicant agrees to reimburs"-ih; i;;r for the.ori"oi-iuid removal. The Town shallhave the riqht to make an assesment-aguirrt-ir,u"orJo"i,v"jrd col'lect the costs of removalin the same manner ur 9"nu.ii-;;;;; ;il cor recred. lf;l.,l*.i"rmit so issied is nol.utsisnable, i.a-is issued solery to the undersisned That the applicant has read and understands aIl of the terms and conditions set forthin this application. Special Conditions: a .l t I Signature,,s both s gnatures /o/, ,joi nli Approved:DAT opment *r,7'7 '" DATE 8r- PAUL KENT STRICKLANDMW Zsaa fir"rntw t-At\!E MARIETTA, GA 30C67 Mr. Duane Plper Torn Of Vall Plannlng Connlgglon 75 g. Frontage RoadVa1I, Colorado 81657 Jenuery 20, 1985 Deer Mr. Plper: I an wrltlng ln oppoeltlon to zonlng changee tothe Norgren property as refLected ln the Sunners Lodgepropoeal to be preeented to the PEC on January 28, 1985. My obJectlons to the proJect erlse fron ny clogeproxlnlty to tt as an Etlelwelss honeowner, and fron ny und.erstancllng of the connerclal space belng prop-oged. I trave revlewed the drawlngs, the envlormentallnpact report, and the trafflc analyals reports. My fanlLy flrgt purehaeed an Ed,eLwelge unlt ln the earLy 1970' s becauee of lte proxlnlty to the elopes'ltg uDobBtrtroted. vlew of the nountaln, and lte qulEt regldentlaL atnosphene. The townre acqulgttlon of whatle now Wlllor PLaee Park gave ue further confldencethat the area woul.d reneln ea we had bought lt. Later' eB we found. our rnountaln vlew partlally obst'nrctetl bythe controverslal elght-story Lodge 9ouQh stnrcturet ue opted. for en Edelwelgs unlt on the East end, to ta"ke advantage of the one renalnlng unobstnrcted vlew-- the Town ltseLf. Otrr reeeerch et the tlne lndlcatedthat a future confl1ct1n6 stnrotur€ on the Nor6r€nproperty wee un}lkel.y, due t,o parklng and other zonlng requlrenents. Now coneg th€ gunnors Lodge propoaal rlthlte requeet to change that zonlng' along wlth tho re- conrnend.atlon that requlred parklng be provlded ot'her than on the slte ltself. I eubnlt that thle part of the pr.opoeal le lnconelstent wlth the lntent of the or1g1na1 zonlrg, re6erdlegs of eny preeedente the Town hae eet to the contrary. I algo obJect to the propoeeLglnce 1t woul.d total.ly cut off the Town vlew now enJoyed by Edelwelss honeownero, as uel} ae e portlon of the sunllght they now recelve. Of aqual or greater elgnlflcance 1g the propoeal : to lncLude connerclal gpace ln the structune. lhls would get an lll-advlaed preeedent, aa--by declgn--the entlre Wlllow Clrcle erea oontalns no guch space nov. The Long-atandlng bound.ary of the conmerclal core roul'cl be broken ulth the lnnevltable lncreeses ln trafftc end nolae fron plokupe and dellverleg to all spao68 r ancl food odor fron the teetaurant. In addltlon, Wlllow Clrcle would becone the gole neans of prlvate auto aeceas to the connerclal apacee, end 11Legal parklng (alreedy a nulganoe to preeant boneownere) coul'd not help but lncreage. It la partlcularly dlstreeslng that nany of these annoyanoes would. occur tlurlng off-hourg when lnternrp-tloni to the ourrent negldentlal serenlty would be eepeclally off,enslve. Fron the loud crash of a pre-dawn garbage dunpeter to the late-nlght regtaurant, nerny- naffng, the-effect,e appear lnconeletent wlth the lntent of the or1glnal zonltg antl would clearly be c hardehlp to exlstlhg honeownerg. In general, the propoeel attenpta t,o ulllnlze thcse negatlve-eapeoti by relettng then to the town as a whole. In-go dolng, lt nlgeee the polnt, slnce what nay be negl1g1bLe to the entlre town san be-dEvaetatlng to tfre 1nnealate honeouners, epeolflcally thoee who have purchesed regldentlaL pr6peity assunlng lt w111 renaln regldentlal. I urge you to respeet Ede1weles and other Wl1lott ClrcLe owners by: 1. InslEtlng ttre property renaln aa currently zoned 2. Glvlng due conelderatlon to negatlve lnpaote even ihen wlthln the zonlng guldellnes. Paul E. 9trlokland THOMAS J. COiISTAIIIINE GARY H. TOBEY JEFFREY A.KNOLL CYNT}IIA }IOOOE SHEARER wr|.lrax x. sHoRt January 21, 1985 TJC: sjf cc: Dan Unger, Riva Ridge CoNsraxrrruE I ToBEI P. C. A1TORNEYS AT I.AW 5550 D. T. C. PARKWAY DENVER TECH NOLOGICAI CENTER ENGLEWOOD, COLORADO AO I President North Condominium Association l3O3) 77O-s6tO OUR FILE NUIVIBER R-0 08 0-05 Ms. Kristan Pritz Town Planner Office of Cornmunity Development 75 South Frontage Road Vail, CO 81557 Re: Norgren Property,/Summers Lodge Rezoning Application Dear Ms. Pritz: This will confirm our telephone conversation of earlier today in which you advised me that the rezonlng application for Sunmers Lodge is being tabled and withdrawn and the January 28, 1985 hear- ing before the Planning Commission cancelled. AIso, this will confirm your agreement to give me notice of any further action in connection with any resubmission of an applica- tion for Sunrmers Lodge. Thank you for your courtesy and cooperation. Very truly yours, CoNSTANTINE & TOBEY, P.C. By: a ..f \ Bp rrUl Ir/ ( \ Snowdon and Hopkins 201 Gore Creek Drive Vail, Colorado Architects 303-476-2201 81657 January 25, 1985 l4s. Krlsten kitz Towt of Vail Plannfug Department 75 S. Fbmtage Road Vai1, C0 81657 Dear lfuisten: We are requesting t,he Touar to table the Sr-unmers Lodge project from yow January 28th, 1985 PEG meeting. We w111 reschedule for a fufure regularly scheduled meeting as soon as possible. Thank you again for all your help, and we wi.l1 contact you when the projeet is again ready to presenb to the Towr. Sincerely,ilW Partner CNS/rncc P.S. Could you please send to or:r offiee an anticipated schedule of fut,ure 1985 PEC meeting dates. cc: Rocky Christopher Carl Swrmers l'r I oDate of Application r. APPLICATION FORM FOR SPECIAL DEVELOPMENT DISTRICT DE]I'ELOPIVIENT PLAN This procedure is required. for any project that would go throughthe Special- Developrnent District -procedure. The application will not be aecepted until all informatj.on is submitted. A. NAIVIE OF AppLfCANT lt'. Carl i'rl. Summers c/o Summers Company Suite 2J0, Da1las, TX 75248 pHONE214-871-1987 B. NAME OF APPLICANT'S REPRESENTATIW Sno"O* a Hooti:r", e""f,it. ADDRESS 201 cbre creek Drive. vail. CO 81657 pHoNE 426-2201 c.AUTHORIZATION OF PROPERTY OWNER SIGNATURE ADDRESS 8 LOCATION OF PROPOSAI ADDRESS e cont,ract dated 8/13184 c0 80110 D. LEGAI DESCRIPTION E.FEE $100. oo enn J -2ls/ry F-3 T! u '._S-7pc ,' "C ,--t F. A List of the name of ovrners of all property adjacent to theSubject property and their miling a.ddrisse!. s6e attached: Exfiibit A II. Four (4) copies of the following information:. A. Detailed hrnitt en/graphic description of proposal .B. An environmental impact repoit striff'bJ-iubmitted to the zoningadministrator in accordanc6 with Chapter 18.56 hereof unless waivedby Section 18.56.030, exempt projects; C. An open space and recreational plan sufficient to meet the demandsgenerated by the deveropment wilhout und.ue burd.en on availableor proposed public facilities; (0vER) 't' Applicatior, f* special Deveropment oi{ict Development PIan D. Existing contours having contour intervals of not more than fivefeet if the average slope of the site is twenty percent or less,or with contour intervals of not more than ten feet if t,he averageslope of the site is greater than twenty percent. E. A proposed site plan, at a scale not smaller than one inch equalsfifty feet, showing the approximate locati-ons and dimensions ofall buildings and structures, uses therein, and all principal site development features, such as landscaped areas, recreational facili-ties, pedestrian plazas and walkways, service entries, driveways,and off-street parking and loadi-ng areas with proposed contoursafter grading and site development; F. A preliminary landscape plan, at a scale not smaller than one inchequals fifty feet, showing existing landscape features to be retainedor removed' and showing proposed landscaping and landscaped site development features, such as outdoor recreational facilities,bicycle paths' trails' pedestrian plazas and walkways, water features, and other elements; G. Preliminary building elevations, sections, and floor plans, ata scale not smaller than one-eighth equals one foot, in sufficientdetail to determine floor area, gross residential floor area, interiorcirculation, locations of uses within buildings, and the general scale and appearance of the proposed development. III. Time Requirements The.Planning and Environmental Conuorlssion meets on the 2nd, and 4th Mondays of each month. An application with the necessary accompanyingmaterial must be submitted four weeks prior to the date of the meeting. NOTE: It is reco nended that before a special developnent district applicationis submitted, a review and comment meeting should be set up with the Department of Comnun ity Developrnent. ri il 19. Additionnl provioions: . Thls conEract ls contingenr upon Purchaser obtainlng any and a1L approvals from The Town of Vall plannlng Commlsslon and Vall TownCouncil ln estabL{shlng a Special DeveloprnenE D!strlct. for rhepurpose of redeveloping satd property !o allow addltlonal acconmodltlon unics and commercial space. Purchaser shall use hls bescefforts in obtalnlng sald approvals from lhe proper auEhorltles by January 10, 1985. In che event The Town of Vail requ{res addltlonal lnforrnatlon or revl.ew cLme, chLs concracE shall automac{cally be extended. 30 days for sald approvals and closing daEe. Seller to pay Town of VaiL real es.tate Eransfer tax of, L'lof purchase price. o Seller ls reg{stered as a Real Estate Agent ln Colorado, buc ls notactlng as Agent. Seller ls acring as princlpal only. Ifthil Sgrnoral lr accepted.by Sellcr in writing nnd Pulchnrcr rcceivcs nolice ofsuch ncccptnnco on or. Scforc , l0-X5 thlr Inrtlumctrt rltnll bccontc rr contrnct belrvccn Sellor nnd Purchrrrcr. nnd rlrnll Carl W. Sunmers, : j t-Uaaharot l )|l tt, SLII'ER & COMPA}IY \t\l Bv: I Ctrris copheril IIjlPurchneer'a Addresr l! (The followinB rcction to bc complctcd hy Scllcr nnd Lieting Agent) 21. Seller acceptr the sbove propornl this 2 3 rlny of to pay a comrnlrrlon of nrrd ng|r'cr tlrn !. Inthc .Y.nt of forfclluro of piymcntt ind thlnar o[ vnluc rccclvcd hcr.euntler, such pRyments and thlngs of vtrluc rhnll be dlvided betwcen liatlng broker nnd Seller', onc-hllfthcreof lo snirl trrol*er, but not to excecd rc conrrrrission, nnd thc baloncc to Seller. Listing Broker'c Name and Address November 30, 1984 Yy- To The Tmn of Valll I, Leigh lI. Norgren, olnrer of Vall Vlllage Firet Fl1lng, Lot 5,Block 6, an givLng uy approval to proceed wlth the review proceosfor the Sumers Lodge apeclal developuent dtstrlct Snowdon and Hopkins o Architects 201 Gore Creek Drive 303-476-2201 Vail, Colorado 81657 November 13, 1984 l4s. I(risten Fritz Tow: of Vail Planning Dept. 75 South Frontage Rd. Vail, Co 81657 Re: $urners Lodge Lat 5, Block 6, VaiI ViIIage Firsf Filing Vail, Colorado Dear l(rlsten: Ehelosed are 4 sets of inforrntion on our proposed request for rezoning of Lot 5, Block 6, Vail Vi-llage First Filing. The applicant, CarI W. Summers is requesting a ehange in zonlng from Hjgh Densify t'fulti Family (HDMF) to Special Developnent District (SDD) as provided for jn Chapber 18.40 of the Tor,m of Vail Zoning fudinance. Our hope is to present this proposal to the Town of VaiI Planning and Drviromental Cormission at its regularly scheduled meeting on December 10, 1984. As we have diseussed during the past monbhs, our request for rezoning is being brought about for the following reasons:1. HDMF zoning allows only 10% of allowable GRFA to be allocated for retail space.2. Reduction of the required front setback. 3. A parking exeeption for the cormercial parking nrrnrrrccrl 4. Allow for increase in the common allowable GRFA to provide for an amenitles feature. The establishment of a Special Developnent District allows for the possibiliby of obtaining several variances within one approval processr and as the purpose of the distrlct states, encourages flexibility to develop land in the most appropriate and quality oriented fashion. As noted in the I'4s. I&isten Pritz November 13, 1984 development plan, our intention is to reduce the required front setbaek to 1foot (from 20'); increase the al-lowable retail/storage GRFA t,o 6685 s.f. (from 844 s.f.); increase common GRFAto 3088 s.f. (from 1688 s.f.) fo allowfor an amenitles feature; and provide off site parking for the requested retail/storage space. Ehclosed are the required developnenf plan docwnents requested by the Town of Vail to begin the process: 1. Specific Development District Zoning Criteri-a2. Develognent Plan 3. hoposed Uses-Sumary4. Environmental Impaet Review 5. Ervironmental lrnpact Data6. Urban Design Criteria 7. Special Develognent Distrlct Plan Applicatlon Form - completed a. attached feeb. attached mailing addresses of adjacent properties As we have discussed during previous presentations of our proposal to staff and towr work sessions, there are several items which we are aware of and are assumi.ng as part of our sutxnittal package: 1. Willow Bridge Road wi-I1 be designated as the front of the proposed project. 2. L^andscaping and improvements shown on the developnent plan in the spa.ce between the front properfy line and WiLlow Bridge Road shall be developed by the applicant and a review of the majntenance progran shall be evaluated by bhe town and the applicant. 3. Parking fee of $3000/space is presenbly in force as a Tomr standard and would be charged the applicanf for each spa.ce furnished off-si-te to meet the increased retail parking requirements.4. Fire Department requirements for fhe sprinkling of the building wiII be revj-ewed prior to proceeding with the building beyond the planning stages. 5. A complete drainage plan w111 be submitted as the project proceeds bhrough the design phases. I hope the enclosed information is adequate Lo begin the planning process. If you need more informabion or have questlons on the projectt please leb me lcrow. Sircerelyr, , fu{ftr/Mfru Craig N. Srowdon CNS:skp Ddfbit rArt .. 1. President: Blva Bldge North" Dan lhger 6Yl0 Ulldlife Road I'bllbu, CA n265 Hme (213) 457-5553 Office (213) 457-5557 2. Sitzmark lodgeJ Robert Fbltch 183 Core CYeek Drive Vall, CO 8'1657 3. Iodge of; Vall , Attn: Elgar Drager/ 174 E. Gore Cbeek Drive Vall, C0 81657 4. GlLda Srine hesident - Rlelweiss lbmeowrers 1'101 Green S. ^e. San Flancisco, CA 91109 1l (415) 928-2622 COMTVI ITMENT TO INSURE This commitment was produced and issued through the office of Representing: Jrrr-r lr.rsunaruce fiorvrenruv or [!f rruruESorA LAND TITLE GUARANTEE COMPANY 108 SOUTH FRONTAGE ROAO WEST _ P.O. BOX 357 VAIL, COLORADO 81658 (3O3) 476-2251 I fM Form 2582 2/76 AMERI T IITLE I o CAN LAN o TME IVlCo*PANY oF D TITLE ASSOCIATION COMMI lr.rsunnruce a Stock Company of Minneapolis, Minnesota TITLE INSURANCE COMPANY OF MINNESOTA, a Minnesota corporation, herein called the Company, for a valuable consideral_ion, hereby commits to issue its policy or policies of title insurance, as identified in Schedul6 A, in favor of the proposed Insur-ed named in Schedule A, as owner or mortgagee of the estate or ifiterest covered hereby in the lind described or referred to in-Schedule A, upon payment of the premiums and charges therefor;all slrbject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. - ' This Commitment shall be effectiv_e only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by th'e Company, either at the time of the issuance of this C-omniitment or by subsequen t endoresement, . T.hit Commitm.ent is preliminary to the issuance of such policy or policies of title insurance and all liibility and obliga- tions hereunder shall cease and terminate six months after the efiective dat-e hereof or when the policy or policies committed ior shall issue, whichever first occurs, provided that the failure to issue such policy or pol.icies is not ihe fiult of the Company. CONDITIONS AND STIPULATIONS l. Th; lerm "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. -^ 2, lf the proposed Insured has or acquires actual knowledge ofany defect, lien, encumbrance, adverse claim or other matter affecting the. estate or interest or mortgage thereon covered by this Commitmint oiher thrn those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in wiiting, the Company shall be relieved from liability for any loss oi damage. re.sulting from any act of relance hereon to rhs extent the Company is prejudiced by failure .of the pioposed Insuredto so disclose such.knowledge. lf-the proposed Insurecl shall disclose such'kn6wleilge to the Company,.or if the"Coinpany other- wise acquires,actual_knowledge of any such defect, Iien, encumbrance, adverse claim or other maiter, the Company at its option may amend Schedule B of this Commitmenl accordingly, but such amendment shall not relieve the Cdmpiny-from liability previously incurred pursuant to paragraph 3 of these Condrtions and Stipulations , .3'. Liability of-the Com^pany under this Commitment shall be only to the named proposed Insured and iuch parties in- cluded under the definition of lnsured in the form of policy or policies iommitted for and bnly for actual loss incurred in re. liance hereon in. undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate except.ions shown in Schedule B, oL (c) to acquire or create the estate or inieiest or mortgaie thereon covered by this Commitment. In no event shali such liability e;icecd the amount stated in Schedule A for the policy or policies committed lbr and such liability is subject to the insuring- provisions and the Conditions and Stipulations and the exclusions from Coverage of the form of policy or policies com. mitted for in favor of the proposed Insured which are hereby incorporated by referenie and made a pait ofihis Commitment except as expressly modified herein. 4. _Any action or actions or rights ofaction that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the-staius of the mortgale thereon covered by this Commitmint'must be based,on and are subject to the provisions of this Commitment. STANDARD EXCEPTIONS In addition lo the matters contained in the Condirions and Stipulations and Exclusions from Coverage above referred to, this Commitnrent is also subject to the following: NT - 1970 Rev. IN NESOTA Rights or claims of parties in possession not shown by the public records. Easenrcnts, or claims of easements, no1 shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the prernises would disclose and whjch are not shown by the public records, Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not showu by the public records. Defects, lir:ns, encttntbranccs, adverse claims or other rnatters, if any, created, first appearing in the public reccuds or illtlcllirrl! \ubseqttent to tlie effcctive date hereol' but prior to the date the prt-rposcd insurcd acquiles of recold f'crr valuc tlrc cstitte or interest or ntortgage thereon covered by this Conrnritnrent, L 2. 3. A 5. lN Wl'l'NLSS Wl-IEREOF, Title Insurance Conrpanv of Minnesota has car.rsed its corDorate name and seal to be hereunro affixed by its cluly uuthorized officers on the date shown in Schedule A, to be valid whcn countersigned by u valitlating ofl)cer or other autlrol1zo('l signatory. lNsunar.rceJrrr-e [or'rnnruv or lff rrur.rrsor/\ -P t =r L->' LAND. TtTLE, g a UARAN'TEE COI'PANV Rrpncrlntlnr Tttlc Inrunrnee Comranv of Hlnncrote MIVEf.IBER 16r l?B.l . . .i . 1r. . Oun Ordrnr VOOOTI?3 'HJYERT *.r*rCARL l,r, gUfll'lERS, r.tR. , Jr tl .'i.r,' .: i. :,, ,l ,;1 :r 8E]*ent .,i, , . ,, ,.. LEIOH H. N0RSREN t C0., A FARTNER$HIP ,ADDRE$SI . ,, VAIL ASgoCtATgs PO BoX 7, vAILr CO 81&57 ROCKY CARL tr. Eul'll'tER$ , . 1 2611 CEDAR $FRINGS DALLAS, TX 7-5?01 t , ,'"' ' ' .'\ ATTtrll t. l, ..'1.1 ATTNI 1,, ATTNI I ATTNI t ATTNI LEI0H ahr|lit€SN ET T',IEAOE LANE EN0LWOOFT CO 801to EEAVER CREEK FROPERTISg FCI BOX 95? AVONr BO 81620 i.,AN TJOHNSON SLIFER & CO. LES ETREETER :, LTA Pnoporcd Inrupcdf CARL H. 8UI'IHEREr rIR. Thc rrtrtc oF lntcFcrt Comnttment rnd covcncd A FEE Tlttc to thr Grirta ordrta hrn*of vcrtcd lnr LEIOH H, NORGREN t CO., coHH gCHENULE tn thr htnr i n lntsnert covencd A PARTNERSHTP I',I ENT Aerl lcctlon No. VOO07I2S Fon Informrtlon Onlv to V00O713tr. t?84 tt S|OO A.l'1., I n$UF€d t sl r 450, o00. oo IT A l. 2, ", - Chrnrrr -9uncn Po I I cv , rf2r 67O. O0- : TOTAL ,- - f2,670.0O l.llth voun n;mlttilnca Fl€E$c ncfGr Effrctlvr Drtot , NOVET'|BER O8r Pol icy to bc lrtucdr and rnrtponc.d "ALTAI 0urn{F"J Fol tcv Fonn B-1P7O (Arnandcd 1O-17-ZO) Ir 4. lond drssnlbed an .t:tI nofenncd to ln thls f ol I ourst THE RECORDEN hcrcln lr st tho cffectlvc 5.Thr lrnd rofcrncd to tn thlc conrrnltmcnt ls dcrcnlbca LOT 5 BLOCK 6, VAIL VILLAGE, FIRST FILINB, ACCORnINBPLAT THIEREOF, I:OUNTY OF EAI|LEI $TATE OF COLOFANO. qt TD ALTA COl"{r'fITt'l gNT SCHHDULH B-l (Rcqulnom*nt*) Arrrltqatloh Nor V0O07t2$ Thr Tollotolnr rnr thr ncrulrcncnt: to bc conpllcd urtth! l. Prvrrcnt to or fon thc rccount of th* Bnantor; or.mprtlrrrqns of thc f ul I crrnsldrnrtlon forn tho cst{,tt on lnttn*ct to lr* lnsurcd. 2. Proptl' lnrtnurrcnt(c) cncettno thc *rtata on lnttrsst te b* lnsuncd rnurt b* ex*cutrd lnd dulv ftled fon rcceFdr to-uJttl )t 3. RELEASE OF nEEn OF TRU$T pATEF 6EPTEIqBER ?1' 1982, FROI'4 LEIbH H. NORISREN & CB., A PARTNERSI{IP TO THE PUBLIC TRUSTEE OF HAOLE COUNTY FOR THE USE OF NEN BftITAIN FENERAL SAVINCIS ANN LflAN ASSOCIATION TO SECURE THF $UM CrF ttZSO'O0O.OO RECORDHD $EPTEI"IFEB 28' l?82t IN tsQCK 346 AT PAGI S'01. 4. EVIDENCE SATISFACTORY TO THE GOI1PANY THAT THE TERt{Sr CONOITIONS AND PRoVISIONE OF THE TOWN OF VAIL TRAN6FER TAX HAVE BEEN SATI$FTED. $. WARRANTY DEEO FROI.I LEIGH H. NORBREN & CO. ' A PARTNEREHIP TO CARL H, Sut'1l,lfif?il, JR, C0NVEYINIS SUB,.JECT FRCIPERW. NOTEI TKANE NA''IE AFFTIJAVXT FECORIIED SEFTHI4SER ?IS' 1?B? IN FOOK 346 AT PA6E $OO DISCLO$ES LEICIH H. N|IROREN' LORHTTA I'1. N$RCIREN ANN DONALN K. NORGREN TO BE THE C{ENERAL PARTNSRS OF LEISI.I H. NOREI.IEN & CO.' A EENERAL FARTNER$HIF. rL.r ALTA COfiHITI.IENT SCHEDULE B-3 (Exccrtlonrl Arpltcetlon No, VOOOT1ZF Thc- pol lcv on pol rcrcr to br rseued u,il | conteln cxccptronr to thc;;;lfflr unrcsr thc *mc.n.-ar;posad of to th* scttrrfactron of thc t' 'trndrnd Exccptlonr I thnourh r pnlntod on thG covc' rhcct. 6' Trxcg rnd rtlclrnlntl not vct duc on rravrblG rnd rptclrl errrssmentanot vrt ctrtrfrod tcr tha Trcagur*F.! officc, *rru *FEUrrI errf'. 7. Anv unprl,d texrr on rrraslnrnt.l etaln*t *eld lrnd. 8. Llcnr for unpeld urtcn rnd tsu*n chrF;?tr lf env. ?r RIOHT oF FR0PRTETOR oF A VEIN oR LODE To ExTRArtr ANn REHovE HIs oRETI{EREFROI',I SHOULN THE SAI-lE-frC E'UUND fCi TENETNETE ON INTER$ECT THEPREI'II$F$ A$ RESERVED IN urulisn $rATg$ pnreNi RHcoBDED JULV r?, lg?9rIN BOOK 4A AT PAOE 47r. IO. RIOHT'OF I.IAY-FOR DITCHES QR CANALS CONSTRUETED BY THE AUTHORITV OFTHE uNlrell srATEs es neseRvEi lrrr unrrsn iinree pATENT KSc0RBED rruLyl2r t$?y, tN BO0K 48 AT iRgE-rlzs, 1I. RE8TRIDTIONE !!ICH DO NOT CONTAIN A FORFEITURE OR REVHRTER BLAUSETBUT OMITTXNO -REETRISTION$, -ii". NNV, NESSN-ON-NNCE, CCTLORT RELIGION,0R NATI0NAL ORr0rN, ns Cc,rwaiusn lrv-irvsinii,iei,li necnRnEn AUOUST lo,1962r rN sooK t74 hT reai rip. 12. EASSI'IENT 20 TFFI IN I.JIDTH ALONS THE SOUTH LOT LINE OF SUB*JECTpRopERTy AS sHrshlN CIN THg 'ndcinnen Fuoi-sF iliiu vrr-r-Acr', FXRsrFtrLINCI. Ig. UTILITV EA$EI,IENT trOSUEJECT PROFERTY ASFIRST FILINO. l^|ID-rH ALONS THE NQRTH LOT LINE OFTHE REC$REED PLAT CIF VAIL VILLAGEI FEET IN SHOWN CIN 75 soulh lronlage road Y8il, colorado 81657 (303) 476-7000 October '19, 1984 Gilda G. Schinell0l Green Street San Francisco, California 94109 Dear Ms. Schine, KP: br offlce ol communlty developmenl Re: Summers Lodge Proposa'lfor Lot 5, Block 6Vail Vi11age lst to be reviewed by the PEC on November meet'ing date to find out more current answered some of your questions. A proposal is in the,preliminary stages of development for the Norgrenproperty. At this time, the redevelopment includes a small l0 unil lodgeand commercial space. The applicant is requesting to create a special - Development Dlstrict. 0nce the project is formally submitted to'the community Development Department for pEC revjew, our staff will be ableto determine if the ownership of the property has transferred from Mr.Norgren to someone else. In'addition, ii thL proposed SDD is approved,that wou'l d mean a change of use. Our department is aware of the easement and wil 1 require that the pedestrian access be-a part of the project des'ign. The design concept already showsa pedestrian arcade along the easement area. The project is tentatively scheduled26, .|984. Please call me-before theinformation. I hope this letter has Si ncerely, ftt_ritz - ner I tan P Pl an K Kri s Town WHITTENBERG ENTERPRISES August 14, 1985 Design Revi ew B oard Town of Vail /J South tr?ontage Road West Vail, Colorado 81657 Dear B oard Menbers: We are writing this letter in regard to the Carl Summer Developnent on Willow Place a.d.jacent to &telweiss Condominiurns. l.rle have owned Unit 202 in Edelweiss since 1975. Our view of the nountain will be totally eliminated by the pnoposed new stmcture. In addition, our real estate value and rental incone rill foreseeably decrease. At the rneeting on Wednesday, August f, the Board expressed concern with the northwest corner ba,lcony protrusion of the pnoposed building. hle request renoval of this balcony protrusion which would elinrinate the offset in the roof lines that the Board was concerned with. This would give us a snall view of the nountain between the lroposed building and the Sitzrnark Lodge. lrle have met rith the architect, Craig Snowden, who has assured us that he has no problen with renoving this balcony protrusi-on. At Craigts suggestion, we also talked with the real estate boken, Roclqy Christophen, who expressed that he foresees a rnaintenance problen with the balcony lnotrusion. It will collect snow and- could present a problen j.f used for a hot tub. In add.iti on, we request up front assura.nces that the structure wil.l be conpleted as appnoved by the Design Review Board. Tf the owner should want to rnake any changes in design, nlll the changes have to be approved by the Design Review Soard? Does the Design Review Board require a cornpletion date? Does the Design Review Board require a guarantee of financial .capabilitles to complete the project? Rick Haltenrnan will be a,ttending the neeting on August 2l- on behalf of Edelweiss Condoniniun Association. He will be able to answer any questions regarding our request. We thank you for your tine a$d concern with this goject. cc: kic Affeldt R. BaJ-drin S. Caswell Roclry Christopher Ned Gwathaney Rick Hal-ternan Ron Phillips Gild.a Schine fraig Snowilen K. Wanen EX P.O. Box 14998, LoursvtLLE, KENTUCKY 40,214 (fiz) 361-8891 E t4oo wfLLow AVENUE. LoutsvrLlE. KENTUCKY 4o2o4 (5o2) 4544764 Fr0'nAUG191985 WHITTE]UBERG EilTEBPRISES August 14, 1985 ay lfe are nriting this letter in regard to the CarL Sunner Developrnent on lJillox P]-ace adjacen{ to Edelreiss Cond.oniaiuns. He frave owned Unit 202 in Edelweiss slnce 1975. Qrr vieri of the nountal:: ri1l be totally elininated by the lroposed new Structule. In add.ition, our real estate value and rental incorne ri11 foreseeably decrease. At the neeting on l{ edrresday, August ?, the Board expressed concern wi+,h the northwest ccocner balcony gotruiion of the groposed tuiIdlng. He request relnoval of this balco:ry perotruslon xhich xcild el-inj.nate the offset in the roof lines that the tsoari xas concerned with. This rculi give us a snal-1 vieu of the nonrntain between the poposed bgilding and the Si.".znark Lod.ge. tre have net rith the architect, ftaig SnowCen, who has asslrrecr us that he has no procl"em ritlr rer'ov5.ng this balcolv ;rotrusion. At Cralgrs srggestion, we also tatked. rith the real estaie troker, Boc4'-Christopher, xho exlressed that he foresees a naintenaace poblen ritl the baicoq; potnsion. It niLL collect scon ana could lresent a lroblec if used for a hot tub. In ad.c1i-tl o::, r.e request up front a.ss,sances that the str.rctrrre uili be conpletea as aplrovei 14' tnebesign Reviex Boari. If the onner shculd $ant to nake ariy ctranges ir, ceiigl, riLl the efranges have to be appovei S the Deslgn Reviex foara? Does the Design Eevier tsoesd requi:e a conpletior Ca+"e? Does the Design Review loard require a guarariee of finaricial capabilities to coriplete the pojeci? Rick Halterna.n wiLl be attentling the neeting on August 21 on behalf of EdeLreiss Conilordniun Association. He wiLI be able to answer any questions regarding our reo-uest. 5e thank you for yor tine and ccDc€rn nith this trroject. Verry tnr11' yoirs! Desigrr Revien Board Torm of Vail 75 South Flonta€e Road Uest Vail, Coleado 81657 Dear Board l{enbers: Joan and Bill 'tfhittenberg cc: Eric Affeldt R. Baldri.n S. Casrell Roc\y Christopher Ned Gxathaney Rick Halternan Ron Phillips.-- Gilda Schine Graig Snorden K. t{arren EX p.o. gox 14998. LoutsvrLl€. KENTUCKY 40.214 <*2) 361-Aagl o t.loo wrLlow AVENUE. LoursvrLLE. KENTUCKY &2U (*2) 454.0764 tvql ," /t. revqt!il, ol V\wrtW 4 ra,i w,Jl, I^rn|t)^pnM vlrr^. ' wrJl" Iqnl*^?tv\ vlnr. b, hwrwil w,riil^ t, i''4' 1o v*olrh *wu*b4opur*\ i Rm,,rol ewlr^ r,rrnltc ( ruerf ) I I v A . a1,d,fv,nai /antiwl a/rsa n\ia'yf lo Mrq tlalbwy \.Kwned ewlrn wnitc (ruerl') ' t v 6. vu*/roJ ,f et^iw q reuhi* of siYe w^ll+ lo ua,J,/^ ; w,1h h,uliltr)irq rtlm ""1: b - vduad 7*lr,rl [y*t w,dl[^ b4!-1'0" 6vi eouJh '',: 6. Lrn", ll;ilht, io**iniu of yutrrE' w,,ll. pat'r,irv, -i'0,,II i r .bfnuutta ,nl WitF ?tutw wil|.lw^a / I . I tt't' l' I t. i ,. J , I r nl t, lnt" lo Florlr ?lan l, rutitttw X. lrOUisrfli J. VtUlslnn nsfl,lrta'n larrruo of llnnt r,'0. I w,ttn 'ibr,nfnquricryri lttli of bna,r,o^ ,n,7 /anh wo.l, II' o 4 ,ILl I flow llrn rouiurr,, lo nor,hwn an:L ( uwh wn,2 vtcw Agcl, on oo,tf 6$ uvuh rno.'I raviEtwt o( ilcf c( brit ow no,3/urvt* w.2 O4ua,rad ,ff *n r 'vtill ( ** m.' I raVlfiya uvih rn: raViad r' rlWl4od t irlW h Yq galblut t ,t, I ,l U' A v l.r h1 t, lock i,oLuJ at tr,,fihmsl wnvur o( lwrwn 5 wnd 4 (lnnd,ltvt tksv).,n\to lr,r,w1hto,r' alnr,n lo vnf,r0 o?cnwq (,hl llow ) 'I la"[ Ai,lanl il boluor^t'];4 lu*l n0.4 0A {, uird, diocr io u,v,t vl.t fua {lo*; ,o,,( ww lwrou, cl un 4 no. \ l1'rd ll,lw ) 6.14) f,' l,u0ful oou 1 w! slq,v,^frr'l l?tlnofuh a&cT o\(fiqtlt^A ',6anll,r, tilwo,,t iu t. 1. q&' \W wlo I. tw w{o 6 otvl olwnhwu l,.vaviqtd wnl( 6xn{ vnl o( {nrw no.l Urilrxr'f, {b{r)' 1.,ryu!w"{ [,of drovww l,,t'boduoon 1uv^h h0.4 hr/ bu\^Jd \wwharc3 [1ra fioar) it.-vtvhtq d,& rwltra h htfuorwt no.1 f,lvntrr l;X (tt+;'l^td (tnr,\ OU olEvafr a |. .rl t t /'/- 7 47.nazrt OnfE -/sbr7v7,/ 'q7*hurrqn ZL hll ,r./Luz, B l" ^1*,/z tuU,% ttz,z6 /ka r*J Arc*,**-#,-/kt A--uZ hre*, *h-z&--Umffi %fi-;rykvbalafl+ STANTON O. ROSENBAUM SHELOON E, FRIEOMAN GARY A. !n/OOc)S SAMUEL L, LEVY BRIAN A. SNO\^/ HENRY R, RECKIER EOWARO T. RAM EY SAN DY G. NYH<)LM L. BRUCE NELSON STEVEN G. WRIGHT JOAN N E M, GELLER l/vlLLIAM M, SILBERSTEIN GARY A. KLEIMAN LAWRENCE J. OONOVAN, JR.LAWRENCE R. KUETER SEYMOUR JOSEFH R. G. (SHELLEYI KROVITZ JONATHAN H, si'EELEFt MICHAEL E. ROMEFIO LYLE L. EIOLL BARBARA M. A. WALKER PATRICK M. OELANEY MARC H. STEER ROE|ERT B. PAYSINGER CHARLES ROSENts.AUM (|90t-r9731 SAMUEL M. GOLOEERG ||903-r97rrl JOSEPH J. STC)LLAR 9z|5-teg.r, LOUIS G. ISAACSON OF Cc)UNg EL IELECOPY 13031 292-3t52 AREA COOE 3O3 TEIEPHONE - aea-5656 I.A,W OFFICES ISAACSON, ROSENBAUM & FRtEOMAN, PC, SUITE 23OO 633 _ tTrlr STREET OENVER, COLORAOO AO2O2 Mr. Tom Braun Community Development Department75 South Frontage RoadVail , Colorado 81G57 Dear Tom: Thank you very much for the opportunity to discuss theexpected application for rezoning oi tfre Noigren parcel.Confirming our conversation of l;st Friday, foo have kindlyagreed to send a copy of the formal application to me,although I understand you will not Ue-iUte to provide mewith a copy of the_plans and specifications. iurther, youhave agreed to mail a copy of Lhe notice of Rezoning wh-ichwill- be sent to Mr. Roberl r,. cohen as a resident of theRiva Ridge North Condominiums to the undersigned. r understand that Ms. christan pritz will be handlingthis matter initiarly for the comrnunity Development Depart-ment and r plan on contacting her to determine whether awork session will be held beiore this proposal on November 12,1984. Very truly yours, ffil,l lrl*Will-iam M. Silberstein a\ . \ sr^L- \\tq 1\ \il"\ \9 October 31, 1984 Thank you very much for your assistance and cooperation. wMs/jp cc: Mr. Robert L. CohenMs. Christan pritz '8"-r \$w" d\- q "{\ "\ \,J*'L- t- Ko\." I T0: Craig Snowden, Roclgr Christopher FR0M: Kristan Pritz DATE: November 'l , .|984 SUBJECT: Summers Lodge RESOLUTION OF ISSUES OUTLINED IN STAFF IfiEMO 10/23/84 l. Front Setback A front setback of + 18" on l.|illow Bridge Road will be maintained. 2. Landscaping/Willow Bridqe Road Several concepts for landscaping/benches, etc. will be reviewed bystaff. The alternative is st'i11 open that the developer wi'l I maiirtainthe landscaping. The developer is willing to construbt and pay forthe improvements. 3. 0ffice Space (No longer in the proposal.) 4. l,lillow Bridge Road/Front of project Willow Bridge Road is designated as the front of the project. 5. Parking for Retajl The parking fee ]s $3,000/space. The first payment must be paid atthe time the bui'lding permit is received. A pirking exceptibn wouldbe required because the project is not in the'CCI z6ne. 6. Loading The loading space (25' I x 12' .w) may have to extend onto TOv property. However, the encroachment would be a-pproximately 4 feet. 7. Fire craig will discuss the sprinkling of the building with carl surrners. 8. Drainage A drainage plan will be included in the submitta'|. 9. EIR Under 18.56.020, it was decided that D., J., N., G(Restaurant Fumes) needto be addressed. I wilr find out if it is neceisaiy to hiie oio.ilrii-nito do the circulation study. Under 18.56.040, numbers 1,2,3,5,6,7,8 and 9 will be Under 18.56.050, Part B. l-8, C,(brief description of whatthe site), and E. (Impacts and Summary) will be addressed. I wi'l1 give Craig a copy of an EIR to show standard format IO. GRFA addressed. exists on and wording. Craig will try square footage to is reduce the GRFA so that the only GRFA above the allowed the amenity area. PROJECT SCHEDULING The project is tentatively scheduled for the December lOth PEC meeting. Submittal deadline is November l2th. STAFF FOLLOI.I-UP l. Find out if there are anv chanqes in PEC/TC membership, Gordon Pierce's tenn is expired. He is reapplying. John DeNardo and Doug' Hoermle are also applying for the posit'ion, Scott Edwards' term 'is up February 1st. 0n the Town Counci'|, Rod Slifer's term has expired. The Townis taking applications for his position. 2. Is a consultant necessary for the Circulation Stud.y? circulation study, a consul-tant is not necessary. The consultant Peter had mentioned was Leigh, Scott and Cleary. However, it is up to you to decide which firm you want to hire- 3. Provide an example of an EIR. See Golden Peak Deve'lopment Plan and Supporting Documentation. Also include a View Analysis. 4. Is the loadinq berth encroachment on TOV property a problem? The load'ing berth will need to be studied with respect to the trip generation study. 5. Is it necessary to stake the hejqht of the bui'ldinq? Yes. ,/ STANTON O. ROSEN BAUM SHELI)ON E. FRIEDMAN GARY A. WOOC)S SAMUEL L. LEVY BRIAN A, SNOW HENF|Y R. RECKLER EOWAFIO T. RAM EY SANC|Y G. NYHOLM L. BRUCE NELSON STEVEN G. \^/FTIGHT JOANNE M. GELLER v\/ILLIAM M. s;ILBERSTEI N GARY A. KLEIMAN L^WRENCE J. OONOVAN, JR. LAWRENCE R. KUETER SEYMOUR JOSEPH R. G. {SHELLEY) KROVITZ JONATHAN H. STEELER MICHAEL E. ROM ERO LYLE L. EIOLL BARBAFIA M. A. WALKER PATRICK M. DELAN EY MARC H. STEER ROBTRT E. PAYSINGEFT CHARLES ROSENBAUM tr9or-r9731 SAMUEL M. GOLOBERG tt903-t97rrl JOSEPH J. STOLT-AFI ||9.16-r99ill |.OUIS G. ISAACSON OF C.)UNSEI 'E LECOFY {3031 ?92-3t52 AREA CODE 3O3 I-E|'EPHONEjz92-565e l_AW OFFTCES ISAACSoN, RoSENBAUM 6. FRIEDMAN. Pc SUITE 23OO 633- ITTH STREET OENVER. COLORAOO AO2O2 October 31, 1984 Mr. Tom Braun Comrnunity Development Department75 South Frontage RoadVail, Colorado 81657 Dear Tom: Thank you very much for the opportunity to discuss the 9xp99tea application for rezoning of the Norgren parcel.confirmi-ng our conversation of l-ist Friday, yo.' hive kindlyagreed to send a copy of the formal appli-ation to me,although I understand you will not be-able to provide mewith a copy of the-p1ans and specifications. Further, yorhave agreed to mail a copy of Lhe uotice of Rezoning whichwill be sent to Mr- Roberl r.. cohen as a resident. oi theRiva Ridge North Condominiums to the undersigned. I understand that Ms. Christan pritz will be handlingthis matter initiarJ-y for the community Development Depart-ment and I plan on contacting her to datermine whether awork session will be hel-d before this proposal on November 12,L984. Thank you very much for your assistance and cooperation. Very truly yours, 6r/'l lfl^William M. Silberstein vws,/jP cc: Mr. Robert L. CohenMs. Christan pritz T0: Craig Snowdon , Rocky Christopher FR0M: Kristan Pritz DATE: November I, .|984 SUBJECT: Surrners Lodge RESOLUTION OF ISSUES OUTLINED IN STAFF I4EMO 10/23/84 1. Front Setback A front setback of r .|8" on l.l'i'l1ow Bridge Road wil] be maintained. 2. Landscaping/WilIow Bridqe Rbad Severa'l concepts for 'l andscaping/benches, etc. wi'l 'l be reviewed bystaff. The alternative is st'il1 open that the developer will maiirtainthe landscaping. The developer is willing to construtt and pay forthe improvements. 3. 0ffice Space (No longer in the proposal. ) 4. tlillow Bridge Road/Front of project Wil'low Bridge Road is designated as the front of the project. 5. Parking for Retai] The parking fee is $3,000/space. The first payment must be paid atthe time the building permit is received. A'parking exception wouldbe required because the project is not in the'CCI z6ne. 6. Loading The loading space (25' I x 12' .w) may have to extend onto TOv property. However, the encroachment would be approx.imately 4 feet. 7. Fire craig will discuss the sprinkling of the bui'lding with carl sunmers. 8. Drajnage A drainage plan will be included in the submittal. 9. EIR Under 18.56.020, it was decided that D., J., N,, G(Restaurant Fumes) needto be addressed. I will find out if it is neceisaiy to hire a consutti-nito do the circulation study. Under 18.56.040, numbers 1,2,3,5,6,7,8 and 9 wi] I be addressed. Under 18.56.050, Part B. l-8, C,(brief description of what exists onthe site), and E. (Impacts and Summary) will-be addressed. I will give Craig a copy of an EIR to show standard format and wording. 10. GRFA Craig will try to reduce the GRFA so that the only GRFA above the allowed square footage is the amenity area. PROJECT SCHEDULING The project is_tentatively scheduled for the Decernber lOth pEC meeting. Submittal dead'line is November l2th. STAFF FOLLOI.I-UP l. Find out if there are anv chanqes in PEC/TC membership. Gordon Pierce's term is expired. He is reapplying. John DeNardo and Doug Hoermle are also applying for the position. Scott Edwards'term is up February 1st. 0n the Town Council, Rod S'l ifer's term has expired. The Townis taking applications for his position. 2. Is a consultant necessarv for the Circulation Stud.y? circulation study, a consul..tant is not necessary. The consu'ltant Peter had mentioned was Leigh, Scott and Cleary. However, it is up to you to decide whjch fjrm you want to hire- 3. Provide an example of an EIR. See GoIden Peak Development Plan and Supporting Documentation. Also include a View Analysis. 4. Is the loadinq berth encroachment on TOV property a problem? The loading berth will need to be studied with respect to the trip generation study. 5. Is jt necessar.y to stake the heiqht of the bujldjnq? Yes. o lown 75 south frontage road . vail, coloredo 81657 r (303) 476-7000 office of the mayor Ostober 20, 1984 Mrs. Gilda G. Schlne 1101 Green Street San Francisco, Californla 94109 Dear G1lda: I received a copy of your letter to Peter Patton in regards to the easement on the Norgren property. --Ian sure ln the pLanning and review process, we will take into conslderatlon that easenent. I do not know the exact time table to revlew thls proJect but the neigbboring properties wlll be advised of those scheduled heariug dates. Hope to see you wben you are ln Vall . Yours Y truly, Sllfer t{ cg NT -MEsltGE PHOTTIE NO.5-z o o [gr//-u. ?IEASE CALLTELEPIIOIIED UILL CAILAGAIIUGALLED TO sEE YOU wArrs rosEE YOU RETURilEDYOUS Lo MESSAGE SIGNED @ruezs3. TMPORTANT MESSGE PHONE M).s-i /- /zao PLEASE CALLTELE HOTED f,tLL CALL AGAIIIGALLED 'O IEE YOU WATfTS TO 8EE YOI' RETUBilED VOUB SIGNED @ rr.tror wlilLE YOU ouT To Date t //s-/ys -.^ A.M. . Tima 5lzo P.M. M ol \ tlz\[]^rL4- Itt t l(q r- Phone / - zz3/ Area Code Taken by T€lephoned Ploass Call X Called to See You Will Call Again Returned Your Call Urgent L/ /14 4 e.. -t HlltHlll IMORTANT ME5SAGE WILL GALL AGAIT{GALLED TO SEE YOU RUSll-_WAiTTS TO SEE YOU MESSAGE T<; SIGNED @ rurzar ,- WHILE YclTJ vl'EFIE C|UT op€t tor PLEASE CALL wlLL CALL AGAINCALEDTO SEE YOU WANTSTO SEE YOU RETURNEOYBUR CALL 5l ?#BftR"" ;3ff ?$lli.t?'PENsERBox Oetc-Tim€ VVHILE YCIIJ WEFIE CTUT IELEPHONEO CATLEOIOSEErcU w|LL CALL AGAIN IAANTSTO SEE \OU URGENT RETURNEOIOUR CALL \t\\t_ 23{@ 50 SHT. PAD 23-001 250 sHT. D|SP€NSER 80XEttlClENCYo WHILE YCtrJ WEFIE CIUT TEI.EPHONEO PLEAS€ CALL wlLL CALL AGANcALLgoataa-u \AANTEI TD SEE YI]U URGENT F€TURNEO I'oUR CALL AMPAD EFtICIENCY€l 23000 50 sHT. PAD 23001 250 SHT. DTSPENSER BOX r-fAi- '?/s,rr f 77a -J-z /o A'ea Codo l{umbor Erlon3ion TE|.EPHON€O RCESS CALL 1 CALIEDTO SEE T€U w|LLCALLABAIN IAANTSTO SEE YTru URGENT REruRNEOIOUR C,ALL cl ffi,?ftr.," 13ffi lsllJt?,,.n,,,,o* Cousrarurrrue a Toaev. P. C. ATTORN EYS AT LAW 565O D. T. C. PARKWAY DENVER TECHNOLOGICAL CENTER ENG LEWOOO, CO LORADO AO I I I tHoi{as J. coNst^tlttNE GARY H. TOBEY JEFFREY A.I(NOLI CYt{THIA HOOGE SHEARER WILLIAM H. SHOFT December 14, 1984 (303) 77O-s6rO OUR FILE NUMBER R-0080-05 Us. Kristan Pritz, Planner Cornrnunity Developnent Dept. Town of Vail 75 So. Frontage RoadVail, Col.orado 81657 Re! Norgren Property Rezoning 123 Willow Place Dear lls. Pritz: I appreciate the tirne that you sPent with me on the telephonediscussing the potential rezoning of the Norgren proPerty from a lligh Density Multi-family District to a Special DeveloP- ment District. Our law firn represents Riva Ridge North Condominium Association,the 10-unit free-standing condoniniun adjacent to the Norgrenproperty. The Association and its owners are vitally concernedwith what goes on with the Norgren property because of itsproxinity to their building. r request that our name and address be placed upon the officialmailing list of persons required to be given notice of any hearings in conjunction with any proposed rezoning or variance application of the Norgren property. I understand no formal plan or application has been filed as ofthis date, although the application is currently being prepared. Further, that the earl.iest the hearing could be held would be January 14, 1985, assuming the formal plan rvas filed by December 17, 1984; and more likely, the hearing would be JanuarY 28, 1985' which rrculd require a filing date of not l-ater than Decenber 3I, r984. If any of this inforrnation is not accurater I would aPPreciate your calling ne immediately. Its. Krietan Pritz, Planner December L4, 1984 Page Two I anticipate that I will scheduLe an appointnent with you review these matters in the near future. Ilave a pleasant Utah trip over Christmas. Thank you for your courtesy and cooperation. Very truly yours, CoNSTANTTNE & TOBEY, P.C. to TJCrz jm9 cc! AII Unit Owners of Riva Ridge North Condoninium Association rJc5( L) A2t/22 GILDA G. SCHINE 1101 Green Street San Francisco, California 94109 (41$ 928-2622 A. Peter Patton Zoning Director Dept. of Community Develcprent Town of VailVail Municipal Bldg.Vail-, Co. 81657 0ctober 12,198/+. Dear Mr. Patton: Please te11 me what date the pedestrian easener,t described i-n the enclosed Court Stipulation and Order is scheduled to be reopened. f believe Leigh Norgren, the defendant, has trans-ferred ownership of the property to others and thatthe usage will be changed from that of a singlefamily residence. Hopefully, the easement will be returned to itsorlginal usage as a pedest,rie.rr easeuent as soon as pos sible . Thank you. Yours trufy, "'(L/a"t A.gol'.^-a,' Pre*"ident, Edel-weiss Condominium Association cc: Mayor Town Manager Town Attorney Town Council 75 3oulh tronlage .osd vall, colorado 81657 (303) 476-7000 October 19, .|984 Gi'lda G. Schi ne'l'10'l Green Street San Francisco, California 94.| 09 ofllcc of communlty devclopmcnl Re: Summers Lodge Proposal for Lot 5, Block 6 Vail Village lst Dear Ms. Schine, A proposal is in the preliminary stages of development for the Norgren property. At this time, the redevelopment jnc'ludes a sma'|1 10 un'it lodge and commerc'i al space. The applicant is requesting to create a Special Development District. 0nce the project is formally submitted to the Conrmunity Development Department for PEC review, our staff will be able to determine if the ownership of the property has transferred from Mr. Norgren to someone e'lse. In addition, if the proposed SDD is approved' that would mean a change of use. Our departnent is aware of the easement and will require that the pedestrian access be a part of the project design. The design concept already shows a pedestrian arcade along the easement area. The project is tentative'ly scheduled to be reviewed by the PEC on November 26, 1984. Please call me before the meeting date to find out more current information. I hope this letter has answered some of your questions. Si ncerely,i,l o I \nttqn {fiU Kristan Pritz ._ Town P'lanner KP: br t TO: FROM: DATE: SUBJ ECT: Fourth Floor Fifth Floor a.u. = accorunodation Town Council and Planning and Environmental Commission Community Development Department 0ctober 23, 1984 Summer's Lodge, Lot 5, Block 6, Vail Village FirstApplicant: Mr. Carl Summers PROJECT CONCEPT The.summer's. Lodge site is located directly west of the checkpoint charliestatjon on the west end of Gore creek DrivL. The site is ionba Higtr oensityMulti-Family (H!l4F) and,presently has a single iJmiiv-""iiJince located onthe.property. -The appricant is_iroposing t6 redevel6p the parcet into asmal1 lodge and corrnercial infill projeci. proposal heveioiment is at theggPlqal design stage. -The following prelimihary figures'indicate theuses and square footages for each floor of the buiiding. p] ease see enclosedIl lustrations 't-.|0. Summer's Lodge Preliminary project Figures 5 floors (l floor for underground parking) Acconrnodation Units = g (apiroximale siz6'ofDwelling Units = 2 (approximate size of unitRetail = 4800 s.f. First Floor Lodge Common Area Z05S(Underground) (swimming pool ,--jacuzzi, rest rooms) Retail Storage 1500parking (I0 spaces) Z4BO 6035 Second Floor Lodge Conrnon Area lZ75Retait 4800 6075 Third Floor room 617 sf) 19.|8 sf includes 5th story loft) sf sf st sf sf sf sf Lodge GRFA (B a.u.) Lodqe Common (Hailway, closets) Lodge GRFA (2 d.u.) Lodge Common (HalIway, closets) Lodge GRFA (lofts) Lodge Conrnon 4940 sf 550 sf 5490 sf 3325 sf 235 sf 3560 510 U-Tm sf sf sf sf unit d.u. = dwelling unit Sunrnef Lodse -2- 10/18/84 Communi ty Acti on P'lan Surrner's Lodge is a deve'lopment that.re'l ates positively to.the des'i re of this communiiy to provide qua'l ity lodge experiences for Vail's guests. The proposal relaies mbst directly to the first goa'l listed in the Community Action Plan. 'l . To recognize that vail is moving quickly from an economy based on recreation and real estate to a mature resort community with a stronger more diverse economic and social base. Marketjng the community and provjdinq servjce to guests remains extremely important Urban Design Guide Plan (UDGP) Three sub-area concepts from the Vail (Please see UDGP map Illustration | . ) are : 27 . Service/del ivery parki ng zone 28 A. 28 B. Village UDGP pertain to this site. The concepts and project compari sons Summer's Lodge wjll mainta'in the existing service and delivery zone on the east iide of the property along Willow Bridge Road. An additional surface hotel loading and delivery zone is to be located on the west side of the building. Further discussion is needed on the issue of whether or not more loading/delivery areas are needed for the additional commercial space. Pedestrian connection from Checkpoint Charlie to Willow Place The pedestrian connection appears_to be. reinforced given -th.e_proposal..In fict, the additjonal commercial at the intersection of Wi'llow Bridge Road and Gore Creek Drive should encourage pedestrians to use th'i s area more frequently. The Sjtzmark Lodge is also constructing a commercial additjon along Gore Creek Drjve. Both projects will help to make the west end of Gore Creek Drive more of an inviting pedestrian area. A pedestrian arcade is also proposed along the south sjde of the building connecting Willow Bri dge Road to lJ i I l orv Pl ace. Residential buj'l ding expansion potentia'l under existing zoning. Building mass should be stepped back to the south to preserve and frame down- valley views, as designated in the view corridor map. Infil'l of parcel wjll help enclosure of Checkpoint Charlie Circle. This proposal calls for infill of the parcel and will create a sense of enclosure around Checkpoint Charlie Cjrcle. At this time' it is difficult to determine how well the design of the buj lding addresses the concept that the building mass should be stepped back to the south to preserve and frame dor'rn-valley views. 10/n/e4aSunmer's Lodge -3- ZONING: PR0P0SED SDD Staff discussed with the applicant various alternatives for zoning the propertyto a'llow for this__project. staff recommended the sDD solution, ai it ailpears - to be the most effective way to handle the project. Requirements for HbMr zoning would serve as a development guide. A SDD would also e'l iminate severalvariances that would be necessary under strict HDMF zoning. Variances would be needed for additional commercial square footage, office other than hoteloffices, setbacks, and parking if HDMF zoning is used. The primary reason for establishing an SDD is to allow for more conrnercjal square footage than would be al]owed under strict HDMF zoning. HDMF zoning allows for only ten percent of the total GRFA of the main stiucture or structuresto be used for accessory eat'ing, drinking, recreational , or retai'l establishments.In this case, the allowed commercial under HDMF zoning is 944 s.f. Theproposed cormercial includes 6,075 s.f. of retail, restaurant, and perhapsoffice !pa9e. A parking exception for the commercial parking would'stili berequired with an SDD. Below is a comparison between the allowed HDMF zon'ing andthe proposed SDD zon'ing. Zoning Comparison HDMF Dens i ty GRFA 8 d.u. (25 units/acre) 8438 s.f. (60/" x total site area) PROPOSED SDD 6 d.u. 8775 s. f. GRFA + add common area over allowed = .l.l,202 s.f. 4800 s.f. 7 ,420 s.f. DI FFERENCE -2 d.u. under ;allowed + 2764 slf. over al l'owed +3956 s.f. over allowed -313 s.f. under al lowed Commercial/ 844Retail (10% ot s.f. allowed GRFA) Si te Coverage Parki ng 7 ,734 s.f . (50% x total site area ) 75% of parking must be enclosed or covered Lodge l2 required Commercial approx. 20-22 spaces 4,219 s .f (30% x Total Site Area) Lodge parking a'll on sitel0 spaces underground 3 in rear setback (west sideof property--one of which is a loading space) Commercial spaces: owner proposes to pay into CCI parking fund Unable to make comparisonat conceptual level Landscapi ng Soummers Lodge -4- 10/23/8+' o HDMF Common Area Deduct'i on Loadi ng Hei ght Setbacks '1688 s.f. (20% ot allowed GRFA) Loadinq zone exists along trlillow Bridge Road to the east of the s'i te. ft flat roofft sloped roof 20 ft front, rear, sides PROPOSED SDD 4115 s. f. Loading zone will be maintained- I surface parking space on west side of building is proposed for hotel loading/del iveries flat roof sloped roof +2427 s.f. over allowed 45 ft 48 ft45 48 Assuming l,lil1ow Bridge Road is thefront of the site, the front setbackis proposed to be 0 to 2 ft, rear and side setbacks 20 ft (A model will be presented at the joint meeting.) The Special Development District allows more flexibility within the developmentproposal while maintqinilg-in most respects the integrity of the underlying HDMFzoning.,_Staff has identified some of the issues related to zoning and ilesignthat wi'l l need to be resolved. Th-ey incl ude: l. The setback in front..of Checkpoint Charlie shou'ld not be a 0, setback.Instead an 18" to 24" setback should be created. If the buildlng is'-pulled back, the project's footings will not extend into [0V property. 2. The area between the east property line and pavement wi1l need some site improvements.. Paving material and permanent or temporary planters hreresuggested. l,'lho provides and maintains these 'improvements needs to be resolved. 3. Office space other than for the lodge should be minimized. The amountof office spaces, if any, needs to be determined. 4. The Willow Bridge Road side of the property should be designated as thefront of the project to enable surface parking on the l.lillow Place (west) side of the property. This des'i gnation would resolve the concern of havingparking in the front setback. 5. Parking for the retail space would have to be purchased from the Town. The deve'loper believes that a precedent has been set by the Sonnenalp that wou'ld allow for this type of park'ing arrangement. A decision should be made to determine if a parking exception is an appropriate solution. Sunner's tof l0/23/84 -5- The need for more lodge/retail loading areas onfurther. The project is 2,764 s.f. over thethe allowed HDMF commercial. Even ryy have greater square footages HDMF zone, what are the impacts-of 7. The lot is 'located in an area that already tlas q deficit water supply forfire flow. The Fire Department wou'ld most 1ike1y require the rodlb iobe fully sprinklered. Further discussion of this issue with the Fire Department is necessary. 8. Public Works has requested a thorough drainage plan for the project. 9. An EIR wi'll be required for the project. The developer has agreed to addressall the pertinent'issues. 6.site should be discussed 10.allowed HDMF GRFA and 3.956 s.f. over though the project will'be an SDD that than allowed under the underlying the increased square footages? Project Review Schedule This is a very preliminary anaiysis of the proposal . The main purpose of the review at the joint meeting will be to discuss the concept of the project. A more thorough study of the project's design, impact on'adjacent properties and zoning issues will be completed by the date of the first PEC meeting. The applicant has scheduled the project for the November 26th PEC meeting. il: sDP would require.two_public hearings. In general, the staff feels posi-tlve-about the project. The summers Lodge has ihe potential to be a highquality redevelopment proposal that wi'l I'benefit our community and guesis. R-"e-fl Il I ustration I tu90 00 rrluItl i'io;l/tbro'St ?wn 2'J Tpoo o ' 4tov b\T4 FRST FLO@R 1" : n@'-@' tt.'.\ AI I'nus*ation 2 \l_/ i month I.\_____.- _t l/ \ /// / / \// n' ; n@'- @o' Illustration'3 \\ \..- \_ +.- .z\-'\r-\\-l,/ \\ta-J\J-l mrOmh SEGON"IE FLO@B loht' lqo ,6\rf . a|Ntwn ' 4146t. qqtfr Et10 n A\i-l nonth THORD -l-.- +-l Illustration 4 6\rfr . (aWrynn ,t97q I o n@nth Illustration 5 w incrtr ,?u, t FOUBT'H FLOOR i" s {6;'-6aa 19lodAt'6fft" hlo' lodat, towwn 0q 4lov .l_ - .-r. I,l L-T r-_r I IL-T north LOFT FLOOB t---'l I II {" I no'''@P IL^-T I I r-J L--I I I;--J L--1 I I r--.r '{- !,fl.a ru h'{l*" *low 1w . Il I ustration 6 o.f' I @ olIF aa tF zo k @J @[ E Hv \z'tr) Illustration 7 Il'l ustration 8 sLr+ I I I I'-l ( I I 'f,l I II I t =s, '1- t F,q tE +l+*+ I I l b I @IF t a @tr4 uu -nUJ Ell- be @z o b Io? !! tF zo E p[J UJ h H tE* -l-e I s R,I t€ x,f- a+ I I ls3lq I-t I I Il lustration 9 co e0oCF !a a5t z @F ffi "Ju{ F@ UU Illustration l0 _J I I*l *al*J-1r3;+ I .let- la\-A nr- €'-5;q . .:i TO: FROM: DATE: Town Council and P'lann'ing and Environmental Comm.ission Community Development Department october 23, 1984 SUBJECT: Lodge at Vail I a1lgussign,regarding the Lodge at vail was requested by the planning andtnvironmental Commission for this meeting. There were basically two ioncernswhich prompted the request for discussioi: l) The loss of the master planconcept {o1 th9 property by the profusion of imall projects some of whith areunrelated to^the previous_master plan proposal given several years ago by Seacontainers. Corporatio\i 2)_ The concern over the intent of the Lodg6 re-gardinga top-of-line product in relationship to recent Design Review Board-requlsts.Other. important issues regarding the Lodge concern tie construction scliedulinqfor the International |.ling as wdil as thiir intentions regaraing in"-ior.ii' " l-""yi.g land exchange and how it all fits in with the masier plin proposal thelown was previously presented with. The staff has invited Hans^Turnovsz(y (new General Manager) to the meetingto give the council ll9 p!9 an updatL and status repori"ot'the Lodgeii-rjiterplan'. We.hope that this discussion will result in irew communication and under-standing between the Lodge at Vail, the Town's aeCiiion-rii."r ina irt" prinningstaff. -1 O CHAPTER L8.49 SPECIAL DEVELOPMENT DISTRICT I8.40.010 - Purpose: The purpose of the speciar Development District is to encouragethe development of land to its most appropriate use by allowiigconcept and zoning flexibility. Additionally, the SOb is azoning vehicle to encourage d-sign improveme-ni in tte characterand quality of new developments. sDD deveropments also allowfor adequate and.economicar provision and proper planning ofstreets and utilities as weII as addressing the need toPreserve, maintain or improve upon scenic features and openareas. The proposar of this special Develoment District wouldarlow this site to be prudently developed in a manneE consistentwith the improving and expanding Commercial Core I area, byallowing this "fringe area'r to be developed in a mannersensitive to all of the adjacent uses. idjacent propertiescurrently have residential, rodging and commercial development.This SDD proposal, consistent with-those uses, incorporatesthese use functions in a sensitive manner, not afforded to manysites. The_existing underlying High Density Murti-Famiry zone districtwould al1ow the development of eight condominium-units togetherwith such public and semi-pubric iacilities and lodges, piivaterecreation facirities and related visitor-oriented uses as maybe.appropriately located in the same district. By creation oithis proposed sDD, the lntent of the HDMF districl as stated ismaintained while providing additional benefits to the commercialcore area by further definition of the outer limit ,'fringerl andenhancing the pedestrian visitor and resident experience uses.The final product of this proposed SDD, the Sumnirs Lodge, wiitincorporate the identified-miied uses on a sma11, approfriatescale, supporting the existing CCI and multi-family areas. t A. Before the developer commences site preparation, buildingconstruction or other improvement of op-n space, there sfiallb9 ?n approved development plan for said aistrict. Thereshall be an approved development plan for said district-approved by the planning and Environmental conmission and the _Vail Town Council. B. I!. proposed development plan in accordance with Section18.40.050 shall be submitled by_the developer to the zoningadministrator, who shal1 refer it to the pianning andEnvironnentar commission, which shall consider the plan at aregularly scheduled meeting. A report of the eranning andEnvironmental commission stating ils findings and recommend-ations shall be transmitted to lhe Town couicil for approvar in accordan". ,iO the applicable provisiont section18.66.A6A of the municipal code. The time deadlines for the approvalment District shatl be those used inproceedings found in Sections 18.66. The approved developnent plan shallguide for all development within the Di str ict. of the Special Develop-the amendment 130 through 18.65.I5q. be used as the principal Special Development c. D.Amendments to the approved change its substance may be Environmental Commission athearing in accordance with 18.65 .569. development plan which do not approved by the Planning anda regularly scheduled public the provisions of Section A. E. Each phase of the approved development plan shalt require theapproval of the Design Review Board in accordance with theapplicable provisions of Chapter 18.54 of the Municipal Codeprior to the issuance of a building permit. An environmental impact report shall be submitted to thezoning administrator in accordance with Chapter 18.56. SaidEfR,shall be approved as part of the application beforeproject approval is given. An open space and recreational plan sufficient to meet thedemands generated by the development without undue burden onavailable or proposed public facilities. Omitted. A proposed site plan, at a scale not smaller than one incheguals-twenty feet, showing the approximate locations anddimensions of alI buildings and structures, uses therein, andall principal site development features, such as landscapedareas, recreational facilities, pedestrian pl.azas andwalkways, service entries, driveways, and off-street parkingand loading areas. L8.4S.g6q - Permitted Uses Conditional Uses and Accessor Uses: B. c. D. :.-, A. Pernitted Usesl. Lodges and their customary accessory uses, retail shops,restaurants and bars located within the principalstructure or structures on the sitei2. Additional accessory dining and recreationar areas may beIocated on outdoor decks, porches, terraces or patios- inconjunction with the supporting facility within theprincipal structure or structures on thL site. The following categories of uses shall be permitted in the sDD: A. B,. conditional u".5Quuject to issuance ot "onOional usepbrmit' irnder Chapter 18.60)I. Private clubs and civic, cultural and fraternal' organizations;2. Public utility and public service usesi3. Public buildings. C. Accessory UsesI. Swimming pools, patios or recreational facilitiescustomarily incidental to permitted lodge areas;2- Home-occupations subject to issuance of a home occupationpermit in accordance with the provisions of SectionlI8. 58.130 rhrough 18.58.190; D. other uses customarily incidental and accessory to permittedor conditional uses and necessary for the op..ition-thereof. The Summers Lodge Special Development District will belocated adjacent to the CCI distlict and a High DensityMuLti-Family zone and respect the HDMF underrling zone-withmodifications. Because of the higher density-o"ig" p".-mitted, a buffer zone is not required; howevlr, af,pr6priateIandscaped setbacks wilI be rnaintained between'thisdevelopment and other residential uses, minimizing thedevelopment .impact. Where commercial iacilities ireintroducedl they wiIl have primary orientation to adjacentcommercial functions and be appropriately screened fromadjacent residential facilitia; to maintiin a fair degree ofprivacy. The introduction of this srnall scale sDD will be supported byexisting circuration systems with the exception of i- reguireipedestrian access way between core creek oiive and the willowPl.ace park area, to be incorporated as part of the SDDdevelopment plan in the dedicated easement. The projectscale does not warrant or intend any internal privatestreets. The site for this proposed sDD has no significant naturalfeatures except for the trees added undei previous develop-ment and an under-utilized core Creek fronlage. The opensPace maintained between the project and the adjacent HDMFfunctions will be landscaped wittr ttre existing fr"." wherepossible and when it can be done to insure th6 best possibletransplanting success ratio. rt is proposed to allow the useof some of the existing trees to supptement and balance theagjacent property landscaping betweln the structures as partof the landscape proposal. Where trees cannot be trans_pranted for some reason or where a type not currently on sitels proposed, new trees will be integiltea. rt is furtherproposed 3s a.part of this SDD proposal to provide aEuncrlonar orientation.adjacent to the Gore creek frontageand to increase the enjoyment of this natural feature. B. ._l D. E. F. D,rainage-pattertnd paths shourd not be "tia.ruurya'Itered from those wfriltr now exist. Where drainage i!effected by increased impervious surfacing materiils, adrainage course will be aaoea to accommodate runoff and allowwater to proceed to Gore Creek as it currently does. 9l? o! the primary reasons for pursuing the SDD aptrroach tothis development is to allow toi the iitroduction'ot varietyin terms of housing type, densities and facilities to theunderrying HDMF on this selective site in a sensitive mannerconsistent with the surrounding zone districts, thus maxi-mizing the full potentiar of the site which, by virtue of itsrocation, accesses and orientation, warrants this increasedvariety of uses without jeopardizing those of adjacentproperties. fle.Sgmmgrs Lodge SDD plan proposes to preserve the privacyof-individuals, families an- neigtruors ihrough the relocationand introduction of appropriate Landscaping ina the orienta-tion of functions, windowi and circulation-ways that willbenefit each property. Pedestrian traffic should be significantly enhanced with this 9?D by providing an alternative to the existing pedestrianflow in the street, enabling the pedestrian to-pioceed undercoverr adjacent to the building, in a naturar tiansitionarfrow frorn one commercial zone io another in either directionrather than in competition with the limited yet existingstreet traffic. Additionally, the pedestrian link from thecommercial area to willow prace park wilr further allow asafe, separated, convenient, attractive physical access aswell as.providing an enhanced view corridoi allowing thepedestrian to rocate and identify the park as a desirabledestination rather than just beiirg a pianted island for theenjolrment of the adjaceni condo ano r6age developments. Thiswas apparently the intent of the Torirn of vail in securing thepedestrian easement and the references in the urban oesifnGuide Plan. The proposed buirding type wilr be deveroped with a greaterdegree of consistency wllh the adjacent functions in-terms ofappropriate density, site relationship and bulk than theexisting structures on the site. rt ls the intent of thisSDD to provide for a multi-use facility which will respectadjacent development types and in such a manner that will not f-ignieigantly impact olher properties to a greatei degreethan allowed under the existing HDMF underlying zonin!. The-proposed building design is oriented to augment existingtraffic patterns, both pedestrian and vehiculai, abut likeadjacent functions, add street life, interest ..rd " ,oor"9efined street edge and provide a focusing or directingboundary to the commerciir core pedestrian traffic betweenthe nain commercial areas of the core and crossroads withoutsignificant increases to the now functioning sulportfunctions. The building spacing conforms t5 exiitingsetbacks where functionally required and provides increased G. H. . spacin,g, between Q ".,u existing structures porr-""tting eacb of the four primary building faces as it risesvertically. Materials, colors and textures to be used willbe selected frorn the existing palatte of materials currentryin use in Vail, the Village coie areas and consistent withthe design standards as set forth in the design guidelinesand subject.to approval by the Town of Vail Oesign ReviewBoard. Storage of vehicles will be accommo- dated under theprovisions of the stipulated SDD plan in a subsurface parkingparking garage and supplemented by several surface,short-term parking spaces. Trash storage will be accommodated by a dumpster enclosed within the structure.Residential storage will be accommodated within the unitsconsistent with each function. Commercial storage wilI beprovided at the garage level and accessed from the interioronIy. Signage and lighting have not been studied pending furtherdefinition of comnercial facilities to be aicommodatedsubsequent to approval of the SDD proposal. It is notedhowever, that each of these items wirr be consistent with theappropriateness to the function, consistent with the CCI areaand subject to finar review and approval by the Tov reviewingentities. During the hours when solar access is important tothe physical and psychological comfoft of people in the areaand when solar snow and ice nelting occurs, impact should notbe increased. some blockage of the sun may oc-ur with regardto the building to the N.W. of the proposed struc- tureihowever, this has been mininized by- the progressiveoff-setting of the structure previously rnentioned in ,tH' above. Conversly, both the building to the south and thebuilding to the N.W. wi1l1 at times, f imit solar access tothe proposed structure and probably to a more significantdegree. r. Landscaping is to be accomprished by a programmed implementa-tion of transplanting and,/or introduction of existin! and newplant materials to provide screeningr wind protection,architectural rrsoftening., privacy preservation or creation,view framing, visuaf impai:tl erosioir control, focal interestand color introduction. Both permanent and relocatable land-scaping is proposed to allow for seasonal changes and toacconmodate snow removal and storage operations that occur.It is the intent of this proposal to miintain the neighbor-hood landscape character and supplement where required forappropriate reasons. All landscaping will be subject to 19vi9w and approval as set forth in lfre ordinance! governingTov development. rt is further recognlzed that the-locatloiof this site will make the project a focaL point at the endof Gore creek Drive and that the landscaping as well as thestructure deserves attention to detaiLed planning andexecution. 18.20.050 - r.ot ere?gnd Site Dimensions: The minimun'1ot or site area sha1l be ten thousand squarefeet of buildabte area and each site sharl have a minimumfrontage of thirty feet. Each site shall be of a size andshape capable of enclosing a square area eighty feet on eachside within its boundary. L8.2S.q6g - Setbacks: The minimum front setback shallsetback shall be twenty feet andshall be twenty feet. The frontto be the frontage along Willowside of the property. be one foot, the minimum sidethe minimum rear setback setback shall be designatedBridge Road, i.e.r the east Control: L8.2g.Ll,g - Site Coverase3 18.29.130 - Landscapin and Site Development: Not more than 55 square feet of gross residentiar floor area .(GRFA)- shall be permitted for eaih one hundred square feet ofbuildable site area. Total density sharr not exdeed twodwelling units and 8 accommodation units on this site underthe SDD proposal. To remain consistent with the adjacent properties, it is theintent of the Sumners Lodge SDO lroposaf to adhere to thecurrent. underlying HDMF zone district site coveragel ini tations. \. one hundred percent of all non-building and non-developed lotarea shall be landscaped. Landscaping shall include alltrees, shrubs, planting beds, seeded or sodded and naturalgrass areas, vrater features and relocatable pLanters thatremain on site. Landscaping sharr be pranned and located foroptinum survival rates and materiars ulilized shall be typeswith previous histories of rocar success to be counted al-landscaping. Materials provided for in the landscape planthat do not survive shall be replaced at the first |ruaentseasonal opportunity forlowing iailure. provisions shall be made for the prolr maintenance of tanos.aplaterials.Other non-growing materials may be submitted with the 1and-scape plan for inclusion under the landscaping and sitedeveloprnent provisions. Site development itralf include anyinstalled non-buiLding, non-landscaping development perforiredon the site such as drive and walkways, patios, decks, pavedareas, terraces, retaining walIs, stairs, recreationalfacilities, fountains, sculptures, utility appurtenances andsite amenities. L8.2A.L4S - Parkin and Loadin Off-street parking and loading required for the lodgetenants, guests and residents shall be provided in accordancenith Chapter 18.52 or as shown on the development plan. Atleast seventy-five percent of the required lodge pirkingshalI be located within the main building. All requiredparking for retail space shall be calculated in accordancewith Chapter 18.52 and shall be provided for by payment intothe Town of Vail special parking fund at the stipulated feebefore any building permit is issued. No parking shall belocated in any required front setback area. Lodge related loading, service and delivery sha11 be accommodated by providing one loading zone placed at aIocation not subject to general restricted access. Sizeshall be a minimum of 12 feet by 25 feet. Specific accessmay be controlled by provision of control limiting devicessubject to normal approval procedures. PROPOSED USES SUMMARY Descr iption: 2 Dwelling units (D.u.)8 Accommodation Units (A.U.) Lodge support facilitiesAmenities Parking Storage Common Areas (elevator, stairs, corridors, lobby, entry,front desk, office, janitors facilities,restroons)Miscellaneous (trash, rnechanical/electrical equipment) Site Area:14rq63 square feet Location Category Park ing Storage (retail) Common (stai rway,/elev./corr . )Anenities (pool area)Misc. ( trashr/mech. ) Basement SUB.TOTAL 6 r99r Ist Floor 2nd Floor Reta i IRetail Common Common SUB-TOTAL Accommodation Units Common SUB-TOTAL Condo I Condo 2 Common SDD 3 r5gr L r33g 442 1,57A 148 2r487 832 r50 4,2q9 526 I, Il6 5r851 4r869 62L 5, 489 3rd Floor SUB-TOTAL 3r469 4t,h F.loor Condo Condo I 2 323 27A SUB-TOTAL 593 TOTALS 3 Park i ng Storage (retail) Common Ameni ties Misc. Reta i IRetail common Accommodation Units Condos SDD 3,501 sg. ft. 1,330 sq. ft. 21329 sg. ft. 1r570 sq. ft. 148 sq. ft. 4,209 sq. ft. 526 sq. ft. 4,868 sq. ft. 3,912 sq. ft. Total GRFA Common GRFA Amenities GRFA Park ing Reta i 1,/S torage,/Common SDD Proposal(sq. Ft. ) g ,7ga 2 1329I r57A 3 ,5qr 6,965 HDMD A1 lowance(sq. Ft. ) 8r438 1, 6gg I ,46q D i f ference(sq. Ft.) (342) (641) (L70') (See Parking Requirenents Below)6,685 620 Parking I. II. Requirements: Dwelling'Units: UNit I GRE'AUNit 2 GRFA Accommodation Units:Unitl-8 2 .BLA sq. 1, 102 sq. ft.ft. a I spacer/unit L/3AA sq. ft. 3,595 sq. tt./lSSI,/8 seats 2.5 spaces 2.0 spaces 8.0 spaces 12.5 spaces 12.0 spaces 14.0 spaces 26 O cnaaoc qt III. Other Uses: Reta i 1/ServicesRetail space 2r3 & 4Eating/Drinking Est.Retail space IKitchen (460 sq. ft.)Rest. (1r475 sq. ft.) Loading Berths: .Lodge with over Lgrggg square feet of total. floorarea to TSrggg . Retail with over 2rggg square feet of totat floorarea to Lg,ggg TOTAL Pernitted reduction for rnultiple use Total berths required I berth I berth 2 berths I berth 1 berth .-i t ,t Alteration trrn oF ENVTR.NMENTAL rMpAts Existing: No significant land form feature exists on the presentsite as shown on the topological survey prepared byEagle Valley Engineering & Surveying dated B/27/94.The site is adjacent to a portion of Gore Creek and allbut the extreme northwest corner of the property isoutside of the 50 foot setback from the centerline ofthe stream course. SDD Proposal Impact: The proposed development does not encroach upon thestream centerline setback as there also exists autility easement that limits use of this area.Existing contours within this setback remain unalteredor re-established foltowing construction in adjacentareas. Some minor terrace supporting retaining waLlsare proposed for this vicinity which nay offer sornestabilizing and damage Iimiting impacts should thestream flow ever exceed this 50 foot setback 1ine.Otlgl-existing contours will not be significantlymodified except where infill will occur along theeastern edge of the property and in the course ofexcavation for the actual structure, driveway ramp andutilities. Slight contour modification may ilso bedesirable between the north end of the proposed pavedplaza area and the north property line to minirniie anyrequired retaining walls. Mitigation:For obvious cost reasons, it is the intent of this SDDproposal that the existing contours be maintainedwherever possible and ttre design of the structure waspursued with this in mind. whire the contours are tobe modified along the eastern edge of the property, adrainage swale is proposed and the raising of the-gradeto meet and correspond to the existing road edge willbenefit both the proposed structure and the Town ofVail PubIic Works Department in terms of snow removaland short-term storage. During construction potentialrun-off and erosion shall be controlled per Town ofVail standards and procedures. a - * B. Directl or indirectl affect a wildlife habitat.... Existing: No knownexists on wildlife habitat feedingthe currently developed or nesting ground si te. fmpact: None Mitigation: None C. Alters or removes native rassesatve cover.. . . trees shrubs or other Existing: The_majority of existing vegetative cover has beenj.nplemented with previous development. The existingtrees are of high quality and appearance and maturil.yeven if they are not lont-term nitives. SDD Proposal Impact: Due to the scope and nature of this proposal, a numberof the existing trees will be affectid lue to theirphysical location either in or near the actual con_struction area. _Additionally, some trees may not becurrentry located in areas beneficial to eitirer theproposed structure or the adjacent properties. Mi tigation: Th-is proposal is to save in existing location orrelocate as many of the existing sp6cimen quality treesas possible to advantageous lociti-ons on tlie sitE or,with approval, to adjaient site locations to be inte_grated into the new landscape proposal for cost andguality reasons. This proposai miy not have beenpossible erith the existing-structuie in place.Hovrever, once the existing structure is iemoved and theexcavation initiated, access to these trees issimplified. It is felt that the survival.i-, it ,accompli:!:9 properly and in a timely manner, will behigher utilizing tbe existing trees rather thanimporting Der{ ones. fhe proiosal further intends tosubstitute new trees for iny- tree that is notsuccessful or cannot be relocated for some reason andto provide additional tree materials not existing onthe site at present, as well as instaLling otherpermanent and relocatable plant materials. Existing: There is no significant scenic area on or adjacent totbis property except for a small Gore Creek irontageand proximity to Willow place park. On a faifer scale,pedestrian views toward portions of vair Mounfain andRed sandstone peak are irnportant. ftre exisiintstructure is considerably smaller in size, bulli andscale.than any of its immediate neighbors and theexisting urban features. t sDD Propos"fQ,p""t, Bbcause the proposal located on the site,unaffected. guildinq increased. is larger than the existing home views cannot remain totallysize, bulk and scale will be Mi tigation: A pedestrian view corridor oriented toward Willow Placepark will be established with the pedestrian accessway. Another under developed visual element will be developed or made available by the introduction of theterrace proposed for the Gore Creek frontage area. Thelonger scenic views wiIl be modified by the proposedstructurei however, attempts have been made to minimizethe impact of this structure by sensitive treatments tothe roof and walls of the structure to maximize the open feeling and maintain the primary pedestrian viewcorridors. This is initiated by attenpting to maintain an open line of sight along the south edge of theproperty and beyond from Gore Creek Drive. By steeplysloping the roof line toward the center .from each ofthe four directions, the highest ridge line is mini- mized and creates open view corridors with which to frame more significant views. Obviously, each of theseview corridors is externally affected by the viewers vantage point. Since the ridge line is located over 50feet away from the buildings leading edge and becausethe building does not front directly parallel to thestreet, both a more open feeling and views to Red Sandstone Peak are not drastically changed. Byproviding a visual limitation to Gore Creek Drive, morefocal interest is created for the pedestrian on thismajor axis. Contrary to dwarfing adjacent structuresby size, bulk or scale, the addition of this proposal, though smaller than its adjacent neighborsr will bringa better balance between the structures than currentlyexists while maintaining framed views and providingother benefits and eliminate the open ended feeling tothis pedestrian area. E. Potential results in avalanche landsl ide siltationsettelement.... Existing: The site of this proposed SDD is not situated in any known hazard area as reflected on the {own of Vailstudy mapsr Impact: Redevelopment of this site should not pose or createany increase in the existing hazard conditions, or lackthereof, at this location. Mi tigation: Development planning and construction will attenpt tominirnize the potential risk of any hazardous "oniitionstemming from this proposal. ttonE of the magnitudelisted are anticipated as this site is neithir steeplysloping or located in such a manner as to causeexcessive run-off or alteration to subsurface cond i tions. F. Discharge toxic or thermall abnormal substances.... Existing: The existing residence has only domestic flues whichmay emit smoke and particulates. SDD Proposal fmpact: An increase in the number of fireplaces is anticipatedon the proposal site. This increlse is within theallowable limits set forth in the local fireplaceordinance currently in existence. Mitigation: Adberence to the local ordinance and installationprocedures would necessitate no further mitigation andis beLow the theoretical allowance under the existing HDMF zoning. G. Involves anv Drocess which results in odor that may be o Existing: The residential function existing would emit onlynegligible objectionable or damaging odors. o SDD Proposal fmpact: The proposed and yet undefined retair spaces arlocatedin the development plan may potentially allow forincreased odor generation.- ihese coulE be in themagnitude of restaurant kitchen or ski repair shopodors but greater odor producing functionl are notanticipated. o Mitigation: Withont further definition of comrnercigl facilitytypes, it is difficult to propose speclfic solutions;however, proper ventiration ano dis-persal rneasures wirlbe incorporated to compry with Town of Vair standardsand-the protection of sensitive areas, includingrandscaping and mechanicat filtration systems on thenarket and appropriate to the type of oiors generated. * .H. R.equir.eF anv wale treatrnent, coolinq.... O Exi st i ng:Residential waste revels are generated for treatment. SDD Proposal Inpact: sewer and water treatment volumes would increase underthis proposal as would any HDMF development on thissite. tti tigat i on: water volume limiting conservation devices and fixturescould be incorporated to reduce the potential impact ofa- relatively minor impact on the sewer treatment systemwhich has been recently upgraded to handle suchincrease. I.Discharqes si nificant volumes of solid or liquid wastes.. o Covered under Item rHr above. J. Has the Potential to Strain the Capacity of fxisti o Existing: Residential utility usage exists. SDD Proposal fmpact:An increase of moderate amounts are anticipated to allutilities and sewer disposal facilities. ' Mitigation: As stated in rrHrr and rtlr above, the impact is believedto be minor and well within the capacities allowed forby agencies governing these items.- prior to proceedingwith any construction permits, utility verifiiationforns would be completed and submittea to insureadeguate availability and future planning reguirementinformation. o Existing: Residentiar noises not generalLy perceived as offensiveor damaging. K. af SDD Proposal Impact:zoning that would be arrowed under either the HDMF orsDD linits the functions which may occur on this site;however, increased low level nois6 rnay be .nii-ip.t.a'in conjuunction with increased loadini, a"iiu.iy,drinking and dining establishments o Mitigation: O 0rientation of noise generating functions in a logicaland limiting manner and providing sound absorbinglandscaping to senstive areas are incorporated i6 tnisproposal. Loading and delivery occuring from on theurest side of the property will occur at a centraltylocated location as far is possible from adjacentproperties as practical and will impact the SunmersLodge_t9.. greater degree than the neighbors. Eastside detiveries wiLl occur in the exisling loadingzones and prirnarily by deliveries that cuirently 6xist,thereby minimizing any increases. L. Either displaces significant numbers of ople. . . . Existing:Single-family residential population. SDD Proposal Impact:This plan for SDD development wilI increase theresidential population to leve1s which remain belowthat of adjacent properties within the HDMF zone d istr ict. Mitigation: Consistent with the Town of Vail's goal to provide avariety of services to the guest and to the communitywithout jeopardizing the enjoyment or that environmentand in. line with the Urban Oesign Guide plan regardingthis site encouraging additionai development beinginvestigated, the minor increases anticipated may notwarrant additional mitigation. Item 2gB of the UDGPcalls for residential increases under current zoningbut does not discuss or address alternatives to theexisting HDMF zoning such as this SDD proposal. Thisproposal has been prepared with UDGP ana Aesignconsiderations of ccr in mind to maximize the intent ofeach and enable the proposal to integrate well vrith theCCI and HDMF areas. M. Plggnpts a site with potential recreqtional or open spacevaIue. . . . Existing: The current structure limits consideratlon of this sitefor potential recreational or open space as coet andthe size of the lot would limit its ivailable usage. SDD Proposal Impact: As any site may have sorne potential recreational oropen space value, it could be said that this proposalwill linit further its conslderation tor ttresE-types ofuses. i uitigation: N.Alter local traffic tterns or causes a siqnificantncrease.... This proposal does include some recreational ammenities*!i9t.will help to decrease the need to provideadditional public-supported facilities. A traffic study reportand is provided in the was acquired body of this to address this itenreport. O.fsa This proposal is established as a self-contained singlephase development which will continue to completion in itsentirety once approval is granted and constructionprocedures initiated. t ,t*or"u*TAL rMpAcr DATA .uoril*, B. c. D. E. 1. Hydrologic Conditions A- contours along Gore creek and within the 50 feet streamsetback will remain unchanged. No major secondary drainage changes are proposed.Exi.sting contours will be preserved wherl possible andareas where earth retainage will occur will not blocknatural drainage courses. The proposed lowest finished floor elevation of gr149 feetfor the below grade parking and at grade terraces areabove the noted stream edge elevation of grl43 feet asindicated in the hydrology report. This sbould allow forand maintain the ground water flow to the stream courseand limit the potential for higher groundwater effectsupon the new structure. Drainage of the Checkpoint Charlie and Willow Bridge Roadareas will remain unchanged with the existing gradualslgpe.along the western edge of the roadway.- inadditional concrete drainage swale is prop6sed to collectthis runoff and that of the new paved ilfaZa area betweenthe road edge and the new structure. Building roof, deck and plaza area drainage will becontrolled and accommodated by a sytem of surface andbelow grade perimeter drains.- Subsurface drains will beday-lighted within tbese .property limits and will employappropriate flow controL/drainage swale before entering-the Gore Creek stream course. 2. Atmospheric Conditions A. No major impact to air quarity standards will be generatedby the proposed development. Services and functions ofthe proposed development exist on or are adjacent to theproperty at present. The inclusions of a possiblerestaurant/bax in the retail space would require adequateventilation and be in accordance with the fown of Vaitstandards. -prevailing winds froma the welt shourd aid anymechanicar filtration aystems in the disposar of fumes anlodors away from residenlial areas and inlo a more openspace for guicker dispersal. B- The scale and bulk of the proposed development sbourd notnegatively alter existing air flow patterns to anysignificant degree. pEevairing winds from the west may betempered in the immediate vicinity by the positive eff6ctof closing the open-ended condition lt ttre-west end of theGore creek Drive created by the ridge line relationship ofthe proposed and adjacent buildings. at oc. .An increase in residential firepru." .*iQions would occurby the addition of three fireplaces to the existing one.However, this is well below the arlowable for the propertyunder the existing zoning (8) and will not impact Lhe-neighborhood to any extent. The fireplaces wiuld belocated as allowed in the Town of vail zoning code section8.28.93q (Solid Fuel Burning Devices): l. One per dwelling unit (2)2. One per hoteJ., motel, inn or lodge lobby area3. One per restaurant or bar (retail space 1) and if desired a gas-fired(residential or cornmercial)developnent. 3. Geologic Conditions A. As noted in the environmental impact review, the proposeddevelopment is outside any designated hazaril zoneestablished by the Town of Vail and well above theestablished floodplain of Gore Creek. No changes to theexisting slope, land forrns or site conditions wiff occur,therefore mininizing any changes or impacts to the site. B. No problems concerning construction were noted in thesoils report. Following completion of the soils report,it was deemed necessary-to raise the proposed lowesl froorleveL approximatety 3 feet for other iealons. This shouldimprove the positionar rerationship to groundwater levelsand lessen the significance of underdrain systemsmentioned in the report conclusions, though-still requiredby prudence. 4. Biotic Conditions 5. Other Environmental_ Conditions As noted in the environmental reviehr, no existing vege-tation or wildlife will be impacted or changed Uy ttreproposed development. Existing vegetation wiff Lemaintained and/or transplanted as noted on the deveropmentplan. unit may be placed in any unitwithin the proposed this analysis. discussed earlier in A. Noise levels are discussed earlier in B. Odor characteristics anticipated arethis report. ,6. Visual conditits 7. Land Use Conditions A.As noted in the environmental impact review, the proposeddeveropment does take into consideration the prevlous viewcorridor once established by the Town of Vai1. Thiscorridor is at the west end of the core Creek Drive andallows for continued views down valley and towar.d RedSandstone Peak. The scale of the proposed building isappropriate to the adjacent building by being one and twostories along the south edge relating to the 2 story RivaRidge North Condominiums and stepping up to the northtoward the 4 L/2 story Edelweiss Condominiums. Thismaintains the immediate views through the south edge ofthe property to Willow place park, the hillside andresidences along Beaver Dam and Forest Road to the south-west while maintaining the far vistas down valley and toRed Sandstone peak. The visual impact of the building is further reduced bythe location of the highest ridge being well within theenvelope of the building, rather than along the frontedge, naking the building 1ess intimidating to ttrepedestrian,/viewer. This ridge is at or below the requiredmaximum.height allowable of 48 feet for sloped roofs andis consistent with adjacent properties and -underlying HDMFzoni ng. Views frqm the north, east and south are not greatlyimpacted due to the proximity of larger adjac6ntdevelopnents to the east and southeast and again due toits low street facade. B. c. A. B. ftC. The proposed development is consistent in intent with theVail Village Urban Design Guide plan in its response toitems 27, 28A and 28B of the Guide p1an. The existing service/delivery parking zone (Z7 l is beingretained and will service the proposed development untiisuch time as an alternative loading and deliv-ry plan isgenerated for the CCI area. The access to the retailsPaces will be accommodated via a plaza at the southernedge of the zone as sbown on the development plan and willnot block or hinder the use of the existing zone. The expansion of a existing residence (2gB) as shown onthe develoment plan from "Check-point Charlierr circle toWillow Place is encouraged to comp}ete the pedestrian scheme of the village area. The inclusion of a pedestrian connection (2gA) as shown onthe development plan from "Check-point Charlie,'circle toWillow Place is encouraged to complete the pedestrian scheme of the village area. D. E. The uno".rytg zoning for the o"uetopm.l is based on the'exist'ing zoning of HDMF and is consistent with adjacentproperties. The allowances for variances to setblcks,retail and common GRFA (for the amenity features) andparking are consistent hrith previous afprovals granted bythe Town of Vail to properties such as this developmentr-adjacent to commerciar core r. All other factors of thedevelopment plan are wit.hin the guidelines of the existingHDMF-zoning and do not express a need for specialprivi lege . 8. Circulation and Transportation Conditions As noted in the environmental impact review, the vehicularand pedestrian patterns created by the proposed develop-ment plan are not negatively impacted and are positivelyaltered consistent with the pedestrian nature of the arla. vehicurar patterns are increased but do not add additionarservices wbich are not already present for the adjacentproperties. Traffic study indicates negrigibre increases. Service for the lodge facilities will occur from WillowPlace and services for retail/restaurant facilities willoccur from Willow Bridge Road. Pedestrian patterns wilt be inproved by allowing for apedestrian walkway connection from Willow place to Check-Point Charlie circle and encouraging the pedestrian flow Past Gore Creek Drive onto Willow Bridge Road (both closedto through traffic and proposed as pedestrian zones).This will also remove pedestrian trlffic from the southernportion of Gore Creek brive, directly west of the Lodge atVai1. Additional covered pedestrian-choice has alreadybeen noted as beneficial to the pedestrianization of westGore Creek Drive. 9. Population Cbaracteristics A- As noted in the environmental irnpact review, the develop-ment plan would increase the population over existingconditions. However, as proposed, the development pianwould be less than is altowed under the present zonlng(HDMF). Density allowed under HDMF of 25 units/acreswould allow for 8 units for 141053 square feet on site.The existing singre-family residence with caretaker unitwould be replaced with a lodge containing g accommodationunits and 2 condominium units (6 dwelling units totalbased on I dwerling unit equaling 2 accoimodation units). A. B. c. D. suMMARy o. "olrurroNS oF suppoRTrNG uooatu*r*c REpoRTs I. Soils and Foundation Investigation prepared by Chen eAssociates. conclusions: The proposed structure can be founded withspread footings placed on the natural gravel subsoils anddesigned for a maximum bearing pressure of 5, OOO psf. Theproposed rower floor revel will be near ground water reveland underdrains should be provided as needed to preventwetting. other design and construction criteria related togeotecbnical aspects of the site are presented in thisreport. 2. Hydrologic Conditions Report prepared by Hydro-Triad, Ltd. conclusions:- _construction of the sumners Lodge wirr not havean rrreversibre or irretrievable impact on the hydrologicconditions of the project site provlAea tne foll-owing - measures are undertaken: o Define surface flow paths within the project site. o Direct the surface runoff to Gore Creek. o Direct roof drainage to Gore Creek. o contror sediment transport from the project site duringconstruction and maturation of the llndlcaping. o Provide bank protection on Gore Creek. Assuming the proposed buirding location er.evations and sitegrading remain the samei the building envelope wiII belocated outside the rO0-year froodpriin rimiis as designatedby. the Federal Emergency Management Agency and the Town ofVaiI. However, based on the [rior fl5odpiain boundariesidentified by the Hydro-Triaal r,ta. r"poit, a smarl portionof the 'rsunmer terrace' area is located wiirrin the ldO-yearfloodplain. Tlt" terrace is protected by a piopo"ed wali;howeverr_the close.proximity of the buiidin; to ttre rol-yeaxfloodplain should be recognized. 3. summers Lodge Traffic Anarysis prepared by TDA colorado, rnc. Conclusion: Given the scale and location of the proposedffiFfr'dge, we believe the most significant potentialtEansportation impact wourd be in the area or eipiJvee--parking demand. Traffic impact will_ be negligible since inany one hour we would expect fewer than tei v6hicte trips lo.urg ue aaaea?o VaiI noad by virrue .f rn particulardevelopfient. ouring peak lodging periods, vre iuggest forrnalarrangements to be made to park employee vehicles at aspecified off-site rocation. we eipelt this need would notexceed five spaces. A resident needing more than one parkingstall would also have to fulfill this need commerciall|off-site during peak use periods. O u.uooo DEsrcN coNsrDERArrol 2. Vehicular penetration 3. vehicle penetration for the proposed development plan arrowsthe existing traffic patterni to Ue maintained withoutdisrupting established vehicular flow adjacent to theProPerty. Residential traffic remains concentrated on willowPlace and retail,/commercial traffic would access from coreCreek Drive to reinforce already established patterns.Established loading,/delivery zones would be mlintained andshort-term parking would be available to both the spacesadjacent to their respective sides of the development. Streetscape Framework The walking quality of pedestrian ways is improved byallowing open green space to remain at the south and northportions of the development. Along the commercial frontage,a-plaza is pulred off the western edge ot check-point chairiecircre to allow for separation of pedestrian and vehicurartraffic. _ The plaza provides a prace for activity and givesadded life to the street edge. The outdoor diniirg terracealso adds life at the end of the 1ong view down c6re Creek ?IlY":_ The.plazas wrapping around the building and extendingrnto the interior, draw the pedestrian along the streetscapeand give variety to the publlc space. 1. Pedestrianization As requested under this section, an appropriate level ofpedestrianization adjacent to the sita-ha; been maintained.The major orientation of retail (pedestrian interaction)toward wil1ow Bridge Road reinforces an already establishedpedestrian accessway. This deveropment pran j6ins two weaklyconnected pedestrian ways (Gore creek orive and wi11ow aridgiRoad) and allows for a strong terrnination and encrosure t.ocheck-Point charrie circre. A plaza directly west of check-Point charlie steps up to the retair frontagi and arrows forseating and pedestrian activities away from the vehiculartraffic and derivery areas. The prazl arso arlows for thetermination of the flat promenade along the west edge ofWillow Bridge Road. AIso noted is a new pedestrian walkway connecting Check-Point charlie circle with wirrow praci. rhis waikjray isrequested by the vair village urban Design Guide plan and isrequired by Town of VaiI neiolution Ho. g, series of 197g. 5. 4. Street Enclosur oe The enclosuEe of the street edge is reinforced by providing adevelopment plan that encompasses a scale of architectureqhich provides a link between two buildings of varying size(2 L/2 stories and 4 1rl2 stories) and replaces an -xisting building.very out of scale with its neighbors. The singlestory height at the street facade creates a very comforlableenclosure while pulling the second and third floor facadesback into the mass of the roof, reducing the apparent scaleof the project. The enclosure of the Check-point CharlieCircle also provides a termination for Gore Creek Drive andturns pedestrians toward Willow Bridge Road. Street Edqe The building facades vary to alrow for additional interestand activity along the street. The jogging of the buildingalong the south and east facades allow for activity pocketl(dining, sitting) to occur. This is countered by Lxtendingplanters, hralls and landscaping out near the traific edge.The varied height of exterior terraces and plazas also illowsfor viewing of the pedestrian traffic from unexpected vantagepoints. Buildinq Heiqht The height of the building reinforces the adjacent propertiesrather than hover over the pedestrian way. itre Uuft< of thebuildiog mass is held away irom the street edge and with theinclusion of various sized dormers in the major roof mass,breaks down the apparent scale of the building, allowing itto relate nore in scale with the pedestrian sray. ?. Views See environmental impact review. See environmental impact review. Sun/Shade The- shadow pattern of the building is reduced by the steppedback design of the roof rnass. rhe location of it" uoiLaingfrom the street edge is adequate to allow for sun to reachthe pedestrian way. The location of the outdoor diningterrace allows for maximum sun exposure and pulls thebuilding mass away from the streei edge at its crosest point. 6. 8. 9. Service Del iver I .4, Archrtecturar atandscape consideration" Orr be addressedduring the Design Review Board stage of approvals and shallnot be expanded beyond the development plan at this time. l'Defendant. IN AND owned by that the DISTRICT COURT COUNTY OF EAGLE ) , :) ) ) \ ) ) ) stipulate and endant agrees to grant to 20 feet 6, VaiI agrees the baselnent" of, may be used as a separate not be determined resroence.' ..: I Ji' C RESOLUTION NO. bSeries of 197€-- A RESOLUTION ACCEPTING A DEDICATION OF A PEDESTRIAN EASEMENT FROM LEIGII H. NORGREN AND COMPANY; AND SETTING FORTH DETAILS RELATING THERETO WHEREAS, in a settlement for a lawsuit between the Town of Vail and Leigh H. Norgren and Company, concerning a pedestrian easement across Lot 5, Block 6, Vail Village First Filing, Town of Vail , Colorado, Leigh H. Norgren and Company proposed a _stipulated settlement and conditional dedication of the pedestrian easementi and WHEREAS, the Town Council is of the opinion that the stipulated settlement should be accepted and the deed of dedi- cation accepted upon the terms and conditions expressed therein; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The deed of dedication which is attached to this resolution as Exhibit A, is hereby accepted, including the conditions imposed upon said dedication. Section 2. The Mayor is hereby authorized and directed to execute the acceptance of the dedication for and on behalf of the Town of Vail, and the Town Clerk is authorized and directed to attest to the Mayorr s signature and affix the T olvn seal to the acceptance of the dedication. INTRODUCED, READ, APPROVED, AND ADOPTED, IhiS 18th dAY of April , L978. -{ DEDICATION KNOW ALL MEN BY THESE PRESENT: LEIGH H. NORGREN & CO., a partnership (hereinafter called "Norgren" ) , is the owner of that property described as Lot 5, Block 6, Vail Village First Filing, Town of Vail, Colo- rado, and Norgren intends to, and by these presents does hereby, dedicate to the TOWN OF VAIL, a Colorado municipal corporation (hereinaft€r ca1led the "Town"), its successors and assigns, a pedestrian easement over and across the southerly 20 feet of Lot 5, Block 6, Vail Village First Filing, as shown on the recorded pJ-at of VaiI Village First Filing, TO HAVE AND TO HOLD the same, together with aLl and singular the appurtenances and privileges thereunto belonging or in anywise appertaining, PROVIDED ALI{AYS, that this dedication is expressly made and accepted subject to the following express conditions, provisions, restrictions, and covenants (hereinafter referred to as the "conditions hereof" ) which shall apply to and bind the Town, its successors and assigns, namely: 1. The easement shall be used, held and maintained pedestrian purposes, subject to existing or recorded easementsi 2. Improvements necessary, desirable or convenient for the provision and maintenance of pedestrian passage may be con- structed and maintained on the easement at the sole expense of t,he Town; and 3. The easement may not be used or improved for pedes- trian purposes until: a. The sale, grant, conveyance or transfer of Lot 5, Block 5, Vail Village First Filing, by Norgren to any person or legal entity other than his wife, children, or grandchildren; or for and '1 \ DEDICATION Page 2 b. The use of the property is changed from single family use to any other use; whichever event occurs f irst. 4. No vehicuLar traffic of any kind or nature shall be permitted upon, across or through the easement. 5. The conditions hereby imposed shall be effective for 2O years from and after the life of Leigh H. Norgren. IN WITNESS WHEREOF, this instrument has been executed this "',loth day of April , 1-97 L by Leigh H. Ilorgren, a ioarEn-6i-in r,eigh-El N6?Fnre. , a pEiEnership. \, Notary Public\." \l4y icdmmission expires: fi €olqfridr rreirr D* ,rrfl} The foregoing instrument was acknowledged before me ACCEPTANCE OF DEDICATION I, Rodney E. Slifer, Mayor of the Town of Vai1, a Colorado municipal corporation, and on behal-f of the Town of Vail pursuant to the authority vested in me by Resolution No. L , Series of 1978, duly adopted by the Town Council of the Town of Vail, Colorado, on /above and foregoing dediCation for and conditions set forth therein. '{ 1978, do hereby accept the uses and upon the terms /1*is f O day or (lbUU , rsl g State of Colorado _ County of Denver (SEAL) ATTEST: SS: LEIGH H. NORGREN & CO., a partnership TOWN OF VAIL, a Colorado municipal corporation, orgren, t ,t,l I I !:r ..,1 I:. f I } oto {o.o3 DtctoEE =o a fB=-:oxo E:e;to4;E'O-o .aEo E lt) E. 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