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HomeMy WebLinkAboutVAIL VILLAGE FILING 5 BLOCK 5A LOT P3 MAJOR SUBDIVISION LEGALfu6eu*a1 Ra'i't+7w -i-.F l0mt0Fllllt Department of Community Development 75 South Frontage Road Vail, Colorado 81657 s70-47s-2138 ff IZf Io'<FAX 970-479-2452 www.vailgov.com August 9,2005 Mr. Jay Peterson Bailey & Peterson, L.L.C. 108 South Frontage Road Vail. Colorado 81658 1- &r+-r.- (c,p,Icol e.R. {p *".r"r"o rn""^ Qhr'lqe, Re: Extension of Irrevocable Letter of Credit (Founders Parking Garage) Dear Jay: As you area aware the lrrevocable Letter of Credit established to provide financial security to cover the costs of the required improvements guaranteed under the Developer Improvement Agreement between the Town of Vail and the Vail Resorts Development Company expires on August 15, 2005. As of the date of this letter, the required improvements guaranteed under the Developer Improvernent Agreernent have not yet been completed. As such, you need to either complete all required improvements by not later than August 15, 2005, or extend the expiration date of the Developer Improvement Agreement to October 15, 2005. The Town is agreeable to either of these two options. If you wish to extend the expiration date of the Developer Improvement Agreement to October 15, 2005, kindly sigrr on the acknowledgernent line below to veri$ your acce,ptance of the deadline extension. Sincerely, fl-q-Q..t*a George Ruther, AICP Chief of Planning Town of Vail ORIGINAL IRREVOCABLE LETTER O.F CREDIT FORMAT :T..i1?::g'plon:.rot l,1,r fe l t t,eb"r.__;_t/t"^ ( crwb".\\ J5ltr THls AGREEMENT, made and entered into this 23rd day of March, 2005.by and between vailAssociates Holdings, Ltd., a Colorado Corpbration (the "Deviloper,), and theTown of Vail (the "Town"). WHEREAS, the Developer, as a condition of approval of the Temporary Certificate ofoccupancy for Lots 1 and 2 and Tracts A and B according to the Plat eniifled'parking inr""Dimensional Subdivision, Vail Village Fifth Filing, recorded aiReception No. 907125 on'fiOrr"ry25,2005 (Formerly known as Lots P-3 and J) 360 Hanson Ranch iload Vail Colorado taOCresilegal description, and project number) wishes to enter into a Developer lmprovement Agreement;and WHEREAS, the Developer is obligated to provide security or collateral sufficient in thejudgement of the Town to make reasonable provisions for completion of certain improvements ietforth in the attached estimated bid(s) in accordance with the approved plans and specifications filed in the office of the community Development Department of ine Town of vail; and WHEREAS, the Developer wishes to provide security to guarantee performance of thisAgreement, including completion of all improvements referreO to ln tnis Agreement, by means ofthe following: Subdivision: glalr i,J..t' +Ld,s c oi Address: Developer: VIi Project Numbei: lmprovement Completion Date: Letter of Credit Expiration Date: 6 S6t toALTl:^?/:i"Jgr agrees.to estabtish an irrevocabte tetter of credit #I tte neu."t,,Pcr agrees-ro esraD sn an trrevocaDle letter of credtt # _in the amountof $3ft,2!0.00 with Bg:lU. ad lAaezi.A -136s6..66_gsr1k i@) and a bond with a eond No. 3aBCSDG2a1iln the amount of$640,539.00 from Hartford Accident and Indemnity company as the security for the NoW THEREFoRE, in consideration of the following mutual covenants and agreements,the Developer and the Town agree as follows: 1. The Developer agrees, at its sole cost and expense, to furnish all equipment andmaterials necessary to perform and complete all improvements referred to in this Agreement. TheD-eveloper agrees to comPlete all improvements referred to in this Agreement on or before the15 day of August, 2005. The Developer shall complete, in a gooci'workmantit<e manner, altimprovements referred to in this Agreement, in accordance witfr all approved piinr '"no specifications filed in the otfice of the Community Development Department'of the fown of Vaii,and to do all work incidental thereto according to ind in compliance witn tf'e following; completion of all improvements referred to in this Agreemenl, in the event there is adefault under this Agreement by the Developer. c:\Documen!s' and settingsuay Peterson\Local seftings\Tempofary Internet Fites\content.lE5\lsTcMEXp\DtA creditformat_1 12002.doc -page i of 5 ., a- Ail said work shail be done under the inspection of, and to the satisfactionof,.the-Town pranner, the.Town Engineer, tr.'To'"n sJirJin;-o#cia]l or otnerofficial from the Town of Vair, as affecied oy'speiiat districts o,, i"ri* JLtricts, astheir respective interest may appear,. and shail noi o"- o""r"o'JJrn'ptete untilapproved and accepted . as_ compreted by _ihe community oerletopmentDepartment and Public Works Department of thL Town of Vail. 2. To secure and guarantee performance of the obrigations as set forthDeveloper agrees to provide security as iollows: frrevocable fetter of credit# ?f,nq/JfjiL--in the amoun t ot SS?.of the totat costs of the attachGdEstimZGc-Tid(s)) with set to expire onthe ZT a"y or@, herein, the 2€e6, ( Developer for the improvements set forth in Exhibit ,,A,' and nsre€nf,€f,{) as the security for the-completion of all improver"r,tr"r"f,""d to inthis Agreement, in the event there is a default undei this Agreement by the A bond with a Bond No. 34BCSDG241S in the amount of 9640,539.00 fromHartford Accident and Indemnity Company set to expire on the iBth,jiv "inr"r"n,2006, (not to expire less than 30 days after the date set forth in par"gr;ph r o] theAgreement), in the event there is a dgfault under this Agreement by ihe'Devebfer for the improvements set forth in Exhibit "8,'. 3. The Developer.may at any time substitute the security originally set forth above foranother form of security or collateral acceptable to the Town to guarantee tni faitfrtut compietionof those improvements referred to in this Agreement and the performance of the terms of thisAgreement. Such acceptance by the Town of alternative security or collateral shall be at theTown's sole discretion. 4. The Town shall not, nor shall any officer or employee thereof, be liable orresponsible for any accident, loss or damage happening or occurring to the work specified in thisAgreement prior to the completion and acceptance oi the same, -nor shall the Town, nor anyofficer or employee thereof'. be lidble for any persons or property injured by reason or 6e natulof said work, but all of said liabilities shall and are hereby'r""rreo oy ttre oeuetoper. The Developer hereby agrees to indemnify and hold harmless the Town, and any of itsofficers, agents and employees against any losies, claims, damages, or liabilities to which theTown or any of its officers,.3qg1!s or empioyees may become suiolect to, insofar "" "nv .u.i.,losses, claims, damages or liabilities (or actions in respect thereof) that arise out of or are basedupon any performance by the Developer hereunder; and the oevetoper snall reimburse tre iownfor any and all legal or other expenses reasonably incurred by the Town in connection withinvestigating or defending any such loss, claim.,.qamage, lia6itity-or action. This incemniiyprovision shall be in addition to any other liability which thebeueropei my have. 5. rt is mutuaily agreed that the Deveroper may appry for and the Town mayauthorize a partial release.of the security provided to the io# ior each category of improvementat such time as such improvements are constructed in comptiance iritn arr firans anjspecifications as referenced hereunder and accepted by the Town. under no condition shall thedollar amount of the security provided to the Town be reduced below the dolar amouni ;";"*;;to complete all uncompleted improvements referred to in this Agreement. c:\Documents and settinosuav Peterson\Local settings\Temporary Internet Files\content.lES\lsrcMEXp\DlA credtformat-112oo2.doc page2of 5 r'rr-rrrstr rrErDrt-urrterrt rEcvDI(',I'!. n4tettr f.d Dr; r-r 6. lf the Town determines, at its sore discretion, that any of the improvementsreferred fo in -this Agreement are not constructed in complianc""rlfl.r tn" approved plans andspecifications filed in the office of the community oeverofmeni o"p"rir.nt of the Town of Vail ornot accepted by the Town as complete on or before t'he date i"i iortn in paragraphl of thisAgreement' the Town qray, but shali not be required to, ara* ,pon tne-security referred to in thisAgreement and complete the uncompleted impiovements referred to in this.Agreement..pursuantto section 12-11-8, Vailrown c99e, the Temporary cerlificate of occupancy refengd tg in thisAgreement may be revoked until all improvements refened to herein are compteted by theDeveloper or the Town in accordance with this Agreement. lf the costs of comp-leting the uncompleted improvements referred to in this Agreementexceed the dollar amount of the security provided to the Town, the excess, together with interestat twelve percent (12o/o) per annum, shalL be a lien.against the'property ano miay oe "oir"ciej ovcivil suit or may be certified to the treasurer of Eaglebounty to be collecteo in the same manneras delinquent ad valorem taxes levied against sucn property. lf the Developer fails or r"fd;; bcomplete the improvements refened to in this ngreiment, such failure or refusal shall beconsidered a violation of.Title 12 (Zoning Regulations), of the Vail Town Code, "no n" o"u"fop"ishalf be subject to penalties pursuant to Section 12-3-10 (Violations: penalties) anO Cnapteii+(General Penalty), Vail Town Code. 7 - The Developer shall warranty the work and materials of all improvements referredto in this Agreement located on-Town property or within a Town right-of-way, pursuant to Chapter8-3' of the Vail Town Code, for a period of two years after the Townb acceptance ot ialoimprovements. 8' The parties hereto.mutually agree that this Agreement may be amended from timeto time, provided that such amendments be in writing and eiecuted by aliparties hereto. Dated the day and year first above written. Vail By: STATE OF COLORADO COUNTY OF EAGLE ) ) ss. ) i?Iq'B'iJl? ofr',::.,J"j!?'tst#|?"fr':':ff'hprovement#Jer:"tr:""i-Ef n"J,"g i,-u"il"7r1;#0ai Witness my hand and official seal. c:\Documenls and settinosuav Petefson\Local settings\Temporary Internet Files\content.lE5\lsTcMExp\DlA creditformat_1 12o02.doc page 3 of s i' STATEOFCOLORADO I )ss.COUNTYOFEAGLE ) Witness my hand and official seal. My commission expires: ftY;:m wi*l,g 9'9:gtt:l!.t^"F Sefringsuav Peterson\Local setings\Temporary tntemet Fites\content.|E5ISTCMEXADtA creditformet_112002.doc - eage I ot S' EXHIBIT'A" For all streetscape improvements from Hanson Ranch Road to seibert circle according to tte ]iffilXl#1lX:ld specifications filed in the orrice ortre commun-it!'bJu"ropment Department C:\Documenb and Settinosuav p format_l12ooz.doc - elerson\Locai settings\Temporary hternet Files\content.lEs\tsTcMExp\DtA creditpege S of s See attached fbr impr{verrerrts to be completed Based on 8 weeks duration site demo, mad base and tine out on Hanson Ranch Road of stdrm sewer on The ChuteSITF BOULDER WALLS Includes site bolder warls at The Chure ASPHALT PAVING at Gore Cr€ek Drive and The Chute SITE CONC FTATWK hclqdes norlh & south HHR turn out & Chute slabsUNIT PAVERS lgleqn R Road & Gore Creek DriveSITE FURNISHINGS STONE MASONRY is based on 2.500 s.f HYDRONIC SNOMELT P3&J Complelion Bond Value 3t17t2005 Bond No. 34BCSDG2415 TOWN OF VAIL, COLORADO . COMPLETION BOND KNOW ALL MEN BY THESE PRESENTS, that we, HYDER CONSTRUCTION, INC., 543 SANTA FE DT|VC, Denver, Colorado 802M hereinafter called Principal, and HARTFORD ACCIDENT AND INDEMNITY COMPANY, Hartford, Connecticut, hereinafter called Surety, are held and firmly bound unto the TOWN OF VAIL, COLOMDO, hereinafter called Town, in the penal sum of SIX HUNDRED FORTY THOUSAND FIVE HUNDRED THIRTY NINE AND NO/100 DOLLARS ($640,539.00), lawtul money of the United States of America for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents: WHEREAS, the above named Principal has applied to the City for a Certificate of Occupancy within the Town of Vail, Colorado, knorn as Vail Park and Garage at Lots P-3&J, 360 Gore Creek Drive, Vail, Colorado, and has agreed, as a condition to the approval of said Certificate of Occupancy by said Town, to assure completion of street work and landscaping, per the plans and specifications dated April 5,2004, in the public right-of-way, and WHEREAS, the approval of said Certificate of Occupancy by said Town is further conditioned upon the fumishing of an adequate Sureg Bond to the Town. NOW, THEREFORE, the condition of this obligation is such that, if the Principal shall in all respects comply with the terms and conditions of the approval of said Certificate of Occupancy, these conditions being more specificalfy the completion of street work and landscaping, per the plans and specifications dated April 5, 2OO4, in the public right-of-way, in accordance with the regulations of the Town of Vail, Colorado in regard to subdivision improvements and according to the plans, specifications and schedules covering said work, and such approved additions, amendments, or afterations as may be made in the plans, specifications, and schedules for such work as approved by the Town, and shall complete all of said work on or before March 18, 2006, then this obligation shall be void, othemise remaining in full force and effect. And the said Surety, for value received, hereby stipulates and agrees that no change involving an extension of time, alterations, or additions to the terms of the Certificate of Occupancy or to the work to be performed or materials to be fumished thereunder, or in the plans, specifications, and schedules covering same, shall in any way affect said obligations of said Surety on this bond and the said Sure$ does hereby waive notice of any such changes, extension of time, alterations or additions to the work or of the plans, specifications, and schedules. This bond shall be for the use and benefit of the Town if it should elect to proceed with said work upon the failure or refusal of the Principal within the date hereinabove specified, or any subsequent date provided through an agreement between the Principal and the Town for any extension of time. lN WITNESS WHEREOF, the Principal and Surety have caused these presents to be day of March, 2005. HYDER UC oN, COMPANY I-,HRH. HRH of Colorado P.O. Box 459025 Denver, CO ao246-9o25 a 503-722-7776 H 303-722-8862hllb rogrt & hobbs- By: Insurcd's Name IIYDER CONSTRUCTION, INC. /nsuredb Mailing Address 543 Santa Fe Drive .Denver, Colorado 80204 348CSDG24 t5 tr IMPORTANT NOTICE TO OBLIGEES/POLICYHOLDERS - TERRORISM RISK INSURANCE ACT OF 2OO2 You are hereby notified that, under the Terrorism Risk lnsurance Act of 2002, effective November 26, 2002, we must make terrorism coverage available in your bond/policy. However, the actual coverage provided by your bond/policy for acts of terrorism, as is hue for all coverages, is limited by the terms, conditions, exclusions, limits, other provisions of your bond/policy, any endorsements to the bond/policy and generally applicable rules of law. Any terrorism coverage provided by this bond/policy is partially reinsured by the United States of America under a formula established by Federal Law. Under this.formula, the United States will pay 90% of covered terrorism losses exceeding a statutorily-established deductible paid by suretiesi insurers until such time as insured losses under the program reach $100 billion. lf that occurs, Congress will determine the procedures for, and the source of, any payments for losses in excess of $100 billion- The premium charge that has been established for tenorism coverage under this bond/policy is either shown on this form or elsewhere in the bond/policy. lf there is no premium shown for terrorism on this form or elsewhere in the bond/policy, there is no premium for the coverage. Terrorism premium: I SO Form 8-3333-0 @ 2002, The Hartford Page 1 of 1 POWER OF ATTORNEY Direct lnquirieslClaims to: THE HARTFORD BONO, T4 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 061 15 ca,r.' 888-26ffi488 or,qdx.' 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT:trlri-l t-i-t Harford Flra lnsurance Company, a corporation duly organizcd under thc lanls of the Statc of Connccticut Hartrord Casualty Insunnce Company, a corporaion duly orgarized undcr tbc lam of the State of Indiaa Hartford Accldent and Indemnity Cornpeny, a corporation duly organizcd urdcr the laws ofthc Statc ofConnccticut Hartford Underwrlters lnsurance Gompany, a corporadon duly organized undcr the laws of thc State ofConnecticut Twin City Flre lnsurance Company, a corporarion duly oryaniz:d undcr thc lar s of the State of Indiana Harffod lnsurance Company of lllinols, a corporarion ddy organizcd urdcr Ore laws of the Statc oflllinois Harford lnsurence Company of the [H*tst a corporation ddy organizcd urder the laws of thc Statc of lndiana Harlford Insurance Company of the Soutlreast a corporation ddy organizcd under the laws of the Statc ofFlorida having their home office in Hartford, Connec-ticut, (hereinder colleclively refened to as lhe 'Companies') do hereby make, crnstitute and appoinl up to the amount ol unlimid: Jarnes S- Rosurd(, J. R. Richa'd, Douglas J- Rothey, Cynthia M. Bumeft, Fnnk C- Penn, Dilynn Guem, Pamela J. Hansen, Kevin W. tlcMahon, Donald E. Appleby, Gfuia C- Blackbum, Florietta Acosta, Kisten L. lvhCormid<, Susan J. Laftarulo of Denver, CO their true and lawful Aftomey(slin-Fact, eacfr in their separate capacity if moe lhan one is named above, to sign its name as surety(ies) only as delineated above by E, and to execute, seal and acknowledge any and all bonds, undertakings, contracls and other written instruments in the nature lhereol on behalf of the Companies in their business of guaanleeirB the fideliv of persons, guaranleeing the performance of contrac{s and exeorting or guaranteeing bonds and undertakings required or permited in any aciions or paoceedings allowed by law. ln Wtness Wlrereof, and as authorized by a Resolufon of the Board of Direciors of the Companies on July 21, 20(l3 the Companies have caused lhese presenb to be signed by its AssbtantVice President and its coeorate seals to be hereto atfixed, duly aftested by its Assistant Secretary. Further, puGuar to Resolution of the Board of Direc{ors of the Compan'les, the Companies hereby unamb'guously affim that they are and will be bound by any mechanically applied signatures applied to lhis Power of Attomey. @@@ffi@ffiffiffi 1*-0 a,.. n'zJ)>a O *.^/ ? ai/'*' Paul A BergenholE, Assbtant Secctary David T. Akers, Assbtant Mce Pres'rdent STATE oF coHNECTIA|T 11 ss. Hartford COUilTY OF IIARTFORD , On lhis 4th day of Augus( ZXX, before me personally came David T. Ake6, to me known, who being by rne duly swom, did depose and say: that he resides in the County of Hampden. Conmonnrealth of Massactrusetts; that he is the Assistant Vice Presider of ihe Companies, lhe corporations described in and whirJr execrited the above instrurnert that he knorrs the seals of the sa'rd corporations; that the seals affixed to the said instrument are such corporate seals: that they were so affixed by authorig of the Boards of Directors of said corporations and that he signed his name thereto by like authority. @ CERTNCAIE l, the undersigned, Assistant Mce President of the Companies, DO HEREBY CERTIFY that lhe above and foregcing is a true and coned copy olthe Po,ver of Atlomey executed by said Companies, whidr is stilt infull force efbdive as of March 18r 2005 Signed and sealed at the City of Hartfiord. @@@@@ffiffiffi 1).2?/A Scon E Pasctr Nota-y Public My Commision Epircs Octobct 31, 200? POA 2004 Gary W. Slrmper, Assistant Vlce President Bankof America DATE: MARCH IRREVOCABLE PAGE: l- 23, 2005 STAT{DBY LETTER OF CREDIT NUMBER: 3074082 BENEFICIARY THE TOI{N OF VAII.,75 SOUTH FRONIAGE ROADVAIL, CO 81_657 ATTN: GEORGE RUTHER APPLICAMT VAIL RESORTS, INC. J-37 BENCHMARK ROAD AVON, CO 81620 AMOUT T usD 33r_,2s0.00 THREE HI]NDRED THIRTY ONE THOUSAND TWO Ht]NDRED FIFTY AND OOI1OO'S US DOLLARS EXPIRATION IVTARCH 22, 2006 AT OUR COIJNTERS WE HEREBY ESTABLISH rN YOIIR FAVOR OUR IRREVOCABLE STANDBY L.,ETTER OF CREDIT WHfCH IS AVAIL.,ABI-,E ITIITH BANK OF AMERfCA, N.A. BY PAYMENT AGAINST PRESENTATION OF THE ORIGINAI, OF THIS I-,ETTER OF CREDIT A}ID YOUR DRAFT AT SIGHT DRAIiIN ON BANK OF AMERICA, N.A., ACCOMPANIED BY THE DOCUMENT DETAII-,ED BEI,OW: A SIGNED STATEMENT BY THE BENEFTCIARY STATING THE FOIJT'OWING: NTHERE HAS BEEN A DEFAUI,T I'NDER THE DEVEI.,,OPER IMPROVEMENT AGREEMENT BY AND BETWEEN THE VAII.,, CORPORATION AND THE TO$TN OF VATL DATED MARCH 22, 2005, THE AMOT]NT DRA9IN IS REASONABLY REQUIRED TO REMEDY THE DEFAULT fN COMPLETING THE OFF-SrTE STREETSCAPE IMPROVEMENTS IJOCATED BETWEEN HANSON RANCH ROAD AND SIEBERT CIRCLE.II WE HEREBY ENGAGE WITH YOU TIIAT DRAFT DRAWN UNDER AND IN COMPTIANCE WITH THE TERMS OF THIS I-,ETTER OF CREDIT WII.,I-, BE DUI-,Y HONORED UPON PRESENTATION AT OUR OFFICE LOCATED AT 333 S. BEAT]DRY AVENUE, 1-9TH FLOOR, MAft CODE: CA9-703-L9-23, LOS ANGELES, CA 9001-7, ATTN: STANDBY I-,ETTER OF CREDIT DEPARTMENT, ON OR BEFORE THE EXPIRATION DATE. THIS I,ETTER OF CREDIT IS SUBiIECT TO THE INTERNATIONAL STANDBY PRACTICES 1998, ICC PUBLICATION NO. 590. IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS cAr_,L 2t_3-345-0134. HERMANN SCHUTTERLE Bdk oiAmenca. N.A. Trrde Op0ratrons Mail Code: CA9 701 l9'0) lli S. BeaudryA!ehue. l9rh I lour Los Anscles. CA 90017 00-t5-0:0rNSIl 9-1999 cAe le ll;crinivHD I MAR z 1r!5 ; Tr)V-Ct)t/t.DEV. 1r!5 ORTGINAL 8)ozL5H V'/- V;tQ g- /tf'J /f3 Planning and Environmental Commission ACTION FORM Departnent of Community Development 75 Sorrth Frontage Road, Vail, Colorado 81657 tel; 970.479.2139 taxl 970.479.2452 web: www.ci.vail.co.us PEC Number: PEC040033 Amendment to existing Conditional Use Permit to add up to nine (9) new parking spaces on the lower level of the parking garage under construction at Lot P3 OWNER VAIL CORP PO BOX 7 VAIL co 81658 License: APPLICANT VAILCORP Project Namer Lot P3 CUP amendment Project Description; PO BOX 7 VAIL co 81658 License: 384 GORE CREEK DR VAIL location: l.oh P-3 Block: 5A Subdiviion: VAIL VILLAGE RUNG 5 210108239003 See conditions Participants: 06/01/2004 Phone: 06/01/2004 Phone: Prcject Addrcss: 364 GORE CREEK DRIVE Legal Description: Parcel Number: 210108239002 Comments: BOARD/STAFF ACTION Motion By: Kjesbo Second By: Lamb Vote: 6-0-0 Gonditions: Action: APPROVED Date of Approval= 0612812004 Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 300 PEC approval shall not be not become valid for 20 days following the date of approval, @nd: CON0006528 The applicant, VRDC, must submit a revised set of plans to the Building Departnent of the TOV Comm Dev Dept priot to August 1, 2004, illustrating the changes in improvements, as required by the TOV PEC Planner: ElisabethEckel PEC Fee Paidr $250.00 IOl4il\,ffi . Rezoning. Major Subdivision. Minor Subdivision. E(emption Plat. Minor Arnendment to an SDD. New Special Development District. lvlajor Arnendment to an SDD. lvhjor Amendrnent to an SDD (no exterior moditications) Planning and Environmental Gommission Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 tax: 97 0.479.2452 web: www.vailgov.com General lnformation: All projects requiring Planning and Envimnmental Cornmission review must receive approval prior to submitting a building permit application. Please refer to the submitlal requirements for the particubr appro!'al that is requesbd. An application for Planning and Environmental Cornmission review cannot be accepted until all required information is received by the Communig Development Department. The prcject may also need to be reviewed by the Town Condl and/or the Design Review Bmrd. Type ofApplication and Fee: Application for Review by the Jriill U I li,tiit $1300 $1500 $650 $650 $1000 $6000 $6000 $1250 $650 $400 $6s0 $800.6 -51it00 $500 $200 Conditional Use Permit Floodplain Modification Minor Exterior Alteration Major Exterior Alteration Development Plan Amendment to a Development Plan Zoning de funendment Variance Sgn Variance Description of the Request: str.ru\rr< n^t L-+P-] Parce|No,:@(ContactEag|eCo.Assessorat970-328-864oforparce|no.) Zonino: Yo.^Kr\h 't't(L Name(s) of Owner(s): V q'\ Y\': So$t> Location of the Proposal: Lot: ?3 Btock:-f4 Subdivision: Physical Address:3 bc\ Gd < C^r,,( Dr*.- tlailing Address:P'o.S"+t J,hL. (o xtes? Owner(s) Signature(s): Name of Applicant:.) Fr- R. t.. +t Q- a L.+ 1 .J ^..\. ( o xt t,57Mailing Address: For Office Use Onlv:;; r:ili*l!;t"'' "n* xo'3 25-7Fee Pao: ,- - >- _ UneCK NO.: - - ., lvfeeting Dat,e: 4SZ'O1- - Planner: Page I of 5-04101/04 ,,.ffiTHIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vaif will hold a public hearing in accordance with Section 12-3-6, Vail Town Code, on June 28, 2004, at 2:00 PM in the Town of Vail Municipal Building, in consideration of: A request for.a conditional use permit, pursuant to Section 12-71-5, Conditional Uses; Generally (On All Levels of a Building or Outside of a Building), Vail Town Code, and a variance from Title 14, Chapter 5, Parking Lot and Parking Structure Design Standards for All Uses, Vail Town Code, to allow for the construction of an unpaved private parking lot, located at 923 South Frontage Road WesUunplatted. (A complete metes and bounds legal description is available for review at the Town of Vail Community Development Department). Applicant Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Matt Gennett A recommendation to the Vail Town Council of a major amendment to a Special Development District (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to the recorded conditions of approval prohibiting the operation of restaurants within Special Development District No. 35, Austria Haus, located at242East Meadow Drive/Part of Tract B, Block 58, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Sonnenalp Properties, Inc., represented by Johannes Faessler Planner; George Ruther A final review of a conditional use permit, pursuant to Section 12-7H-5, Conditional Uses; Generally (On All Levels of a Building or Outside of a Building), Vail Town Code, to allow for eight two-family residential structures (Gore Creek Place), located at 730, 724, and 714 West Lionshead Circle/Tracts A, B, C, & D, Morcus Subdivision, and Lot 7, Marriott Subdivision, and setting forth details in regard lhereto. Applicant: Vail Resorts, represented by Braun Associates, Inc. Planner: WarrenCampbell A final review of a conditional use permit, pursuant to Section 12-98-3, Private Or Public Off- Street Vehicle Parking Structures, to allow for an amendment to an existing conditional use permit for private parking, located at 364 Gore Creek Drive/Lot P-3, Block 5A, Vail Village Filing 5, and setting forth details in regard thereto. Applicant: Vail Resorts Planner: ElisabethEckel A request for a conditional use permit, pursuant to Section 12-6H-3, Conditional Uses; High Densig Multiple Fami[, Vail Town Code, to allow for a public utility and public services use, located at 501 North Frontage Road (Solar Vail Condominiums)/ Lot 8, Block 2, Vail Potato Patch Filing 1, and setting forth details in regard to. Applicant: Verizon Wireless, represented by Kelley Harrison, Closser Consulting Planner: Clare Sloan A request for a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for snowmaking system improvements within the Gore Creek floodplain located at an unplatted parcel adjacent to the Eagle River Water and Sanitation facilities, 646 West Forest Road, (a coniplete meies and bounds -legal description is available for review at the Town of Vail Community Development Department), and setting for details in regard thereto. Applicant: Vail Resorts, represented by Braun Associates, lnc. Planner: Bill Gibson The applications and information about the proposals are available for public inspection duling reg_ular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientatioh and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing lmpaired, for information. Published June 11, 2004, in the Vail Daily. '****'|'|'}******'|t'}lt'}f'|t*'t*'|t,}'|'***'t,*:****,.*{t*******{.{tit***'l'll.'t,}lt:|'******:***{.!*{.'***'t'i***'|t**1.*{t'|'|(****** TOWNOFVAIL, COLORADO Statement 't,*{.*'1.'i*t'i*********!t!***{.**t**{.1.d.*t*{i*{.i.t!t't*t **{.********'}**{r*,t,t'}*,r{.*****:}:t****'l*'1.'*****'}'}'}*'l*,f '}* Statement Nudber 3 R040005935 Amount: $250.00 06/oL/2o04o3 r 07 PM Payment Method: Check Init: iIS Notation: #3?5?/BRAI'N ASSOCIATES Perrnit No: PBCO40033 T14re: PEC - Amend to Dev Plan Parcel No: 210108239003 Site Mdregs: 384 GORE CREEK DR vArIJ IJocation: 364 GORB CREEK DRM Total Feea: $250.00 Tbis Palment: $250.00 Total ALL PnEs: $250.00 Balance: $0.00 *lt|tl{!ltt{l**|flt*:t*'t*t}l***,}*lt:t*,t*lt!t'},t**{t'lt't**{tlt*t||lt!t,t'l+l'{t:t*t}l*{t:****{.{.*,t'}****+**l.'l.*|'{t'|{t*|******* ACCOI.JNT ITEM LIST: Account Code Descriotion Cunrent Pmts PV OO1OOOO31125OO PEC APPLICATION FEES 250.00 Front Door Project Adjacent Property Owners List Updated August 2003 TOWN oF VAIL / FINANCE DEPARTMENT / 75 S. FRONTAGE ROAD VAIL, CO 81657 U.S. DEPARTMENT OF AGRICULT FOREST SERVICE 24741U. S. HIGHWAY 24 MINTURN, CO 81645 RAPPAPORT FAMILY TRUST 16379 SKYLINE BLVD V WOODSIDE,CA94O62 VAILCORPORATION P.O. BOX 7 V VAIL, CO 81658 GIVREN,AGGIE P.O. BOX 3827 vArL, co 81658 / CHRISTIANIA LTD ' 356 HANSON RANCH RD VAIL, CO 81657 t CHAMBERCORP Ir' C/O CHRISTIANIAINC 356 E HANSON RANCH RD VAIL, CO 81657 /VAIL CONDOV GORE CREEK PARTNERSHIP C/O OLIVE WATSON IOO FIELDPOINT CIRCLE GREENWICH, CT 06803 / TIVOLI LODGE.V C/O ROBERT LAZIER 386 HANSON RANCH RD VAIL, CO 81657 / VILLA VAHALLA CONDOMINIUM ASSOCIATION" C/OJOHNEVERLY 356 E HANSON RANCH RD VAIL, CO 81657 BRIDGE STREET ASSOCIATES. 3OIOO TELEGRAPH SUITE 220 BINGHAM FARMS, MI 48025 SHIRLEY, ERICKSON Sv/ PO BOX 2179 VAIL, CO 81658 / HARRIS TRUST & SAVINGS BAI.IKAS TRUSTEE/ OF THE CHRISTOPHER B. GALVIN REVOC TRUST I I I W MONROE ST ATTN: JANE BARNETT CHICAGO.IL 60603 GALVIN, ROBERT W. & MARY B. ROLLINGOAKSFARM 160 DI.JNDEE ROAD RTE 68 BARRINGTON, IL 6001 0-9399 / BRIDGEWATE& B.A., JR & BARBAR4/6. 77OI FORSYTH BLVD STE IOOO sT LOUTS, MO 63105 / KNOX, GEORGE WASHINGTON, I'\t/ 29I BRIDGE ST vArL. co 81657 LLC VORLAUFER CONDOMINIUM ASSOCIATION / 385 GORE CREEK DR VAIL vArL, co 81657 GALVIN,ROBERTW. r/ ROLLING OAKS FARlvf 160 DUNDEE ROAD RTE 68 BARRINGTON, IL 60010-9399 , TO: FROM: DATE: SU&JECT: 0Rt6//V4l MEMORANDUM Planning and Environmental Commission Community Developmenl Department June 28, 2004 A final review of a conditional use permit, pursuanl to Section 12-98-3, "Private Or Public Off-Street Vehicle Parking Structures", to allow for an amendment to an existing conditional use permit for privale parking, located at 364 Gore Creek Drive/Lot P-3, Block 5A, Vail Village 5- Filing. Applicant: Vail Resorts, represented by Braun and Associales Planner: Elisabeth Eckel SUMMARY The applicant, Vail Resorts Development Company, represented by Braun and Associates, has submitted an application for an amendment to an existing conditional use permit for private parking located at 343 Gore Creek Drive/ Lot P-3, Block 5A, Vail Village 5' Filing. The applicant is requesting nine additional parking spaces in the private underground parking structure in Vail Village, which was granted PEC approval and a conditional use permit in August of 2003. Staff is recommending approval of an amendment to the conditional use permit secondary to the condition listed in Section lX of this memorandum DESCRIPTION OF REQUEST The applicant, Vail Resorls Development Company (VRDC), represented by Braun and Associates, has submitted to the Town of Vail Community Development Department an application for an amendment to a development plan. The applicant's request includes an addilion of nine underground parking spaces 1o the already-approved 108 parking spaces within the private off-street parking facility located on Lot P-3, Block 5A, Vail Village 5'n Filing. lf approved,lhe application would require amending the following approval; . A conditional use permit to allow for a "private off-street vehicle parking structure". The applicant wishes to provide space for the addilional spaces by increasing the depth of the garage. The original application for 108 parking spaces was approved in August of 2003. This figure has been expanded to a reguest tor'117 spaces and has come about due to significant public interest in the parking spaces and the ability lo excavate to a lower level after the water table was determined to be a non-issue. t ilt. With the addition of the requested parking spaces, thg applicant is proposing to extend the stairwell at the west side of the structure to the lower level of lhe garage, providing for an additional egress point at lhat level. (The currently-approved plans provide egress for the lower level only at the stairwell located in the center of the garage.) Each of the proposed spaces will be within an appropriate walking distance of egress and ingress locations within the garage as dictaled by building code (each space less than 400'away from an egresMngress location). The uppermost plate of the parking slructure will not be affecled by the addition of spaces. According to the applicant, "no changes are proposed to the exterior of the struclure or to the surface of the site". Pedeslrian circulation to and from the below grade portions of the parking structure will remain as proposed previously, occuning through a small on-grade building containing a set of stairs and an elevator. The applicanl had a tratfic survey completed which reflects lhat the addition of the proposed nine spaces would result in one additional vehicle trip during the peak hours (Attachment A). A reduced copy of the proposed plans has been attached for reference (Attachment B). BACKGROUND The applicant is requesting nine additional parking spaces in the private underground parking structure in Vail Village, which was granted PEC approval and a conditional use permit in August of 2003. The request for additional spaces comes following the applicant's decision to respond to public interesUdemand in these for-sale spaces. Additionally, il was verified that the water table was at a level which allowed for further excavation, thus providing additional parking. The structure is located on Lot P-3, which was rezoned from a Public Accommodation (PA) District to a Parking (P) District at the same time that the conditional use permit was granted. The August approval and conditions are listed below in rtallcs, with the pertinent rezoning and conditional use permit aspects of the Lot P-3&J request identified in bold italics. A request for a final recommendation to the VailTown Council of a proposed rezoning of Lots P3 & J, Btock 5A, Vail Village * fning from Public Accommodation zone distr,ct (PA) to Parking zone district (P); a request for a tinal recommendation to the Vail Town Council for the proposed zoning of Lots | & 2, Mill Creek Subdivision to Ski Base Recreation ll zone district; a request tor subdivision, pursuant to Title 13, Subdivision Regulations, Vail Town Code, to allow for the retocation of the common property line between Lots P3 & J, Block 5A, Vail Vitlage * Fiting; a request for a conditional use permit, pursuant to Chapter 16, Title 12, of the Vail Town Code, to allow for a "private off-street vehicle parking facility and public park" to be constructed and operated on Lots P3& J, Block 5A, Vait Village f fning; a request for an exterior alteration or modification, pursuant to Section l2-78-7, Erterior Alterations or Modifications, Vail Town Code, to allow for an addition to the Lodge at Vail; a request for a variance from Section 12- 21 -10, Development Restricted, Vail Town Code, pursuant to Chapter 17, Variances, Zoning Regulations, to allow for the construction of multiple-family dwelling units on slopes in excess of 40%; and a request for the establishment of an approved development plan to facilitate the construction of Vail's Front Door, and sefting forth details in regard thereto. (A more complete metes and bounds legal description is available a,t the Town of VailCommunity Development Department) APPROVAL AND CONDITIONS Amendment to the Otficial Zonino Mao of the Town of Vail for Lots P3 & J The Community Development Department recommends that the Planning and Environmental Commission fonvards a recommendation of approval of an amendment to the Official Town of Vail Zoning Map, pursuant to Chapter 3, Title 12, Zgning Regulations, Vail Town Code, to rezone Lots P3 & J, Block 5A, Vail Village { Filing. Conditional Use Permit The Community Development Department recommends approval for a conditional use permit, pursuant to Section 12-98-3, Conditional Uses; Vail Town Code, to allow for a "public park and a "private off-street vehicle paffing structure", located at 360 Hanson Ranch Road/Lots P3 & J, Block 5A, Vail Village { Filing. Staff's recommendation is based upon the review of the criteia outlined in Section Vlll of this memorandum and the evidence and testimony presented, subiect to the tollowing findings: 1. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the Parking (P) District. 2. That the proposed location of the use and the conditions under which it will be operated or maintained will not be detimental to the public health, satety, or welfare or materially iniurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. Should the Planning and Environmental Commission choose to approve or forward a recommendation of approval of the applicant's to the Vail Town Council, staff recommends that the Commission makes the following conditions a part of the approval: 1. That the approval of the condition use permits to allow for a public park and a private oft-street vehicle parking structure becomes effective upon seand reading of an amending ordinance rezoning Lots P3 & J, Block 5A, Vail Village { Filing from Public Accommodation (PA) District to Parking (P) District. Should an amending ordinance not be approved by the Vail Town Council, the approval of the conditional use permits shall become null and void upon the passage of a motion denying the amending ordinance. 2. That the applicant submits a revised set of plans for review and approval by the Director of Public Works to the Town of Vail Community Development Department addressing each of the comments provided by the Town of Vail Public Works Department, prior to first reading of an ordinance amending the Official Town of Vail Zoning Map. J. 4. That the applicant submits an off-site improvements plan to the Town of Vail Conlmunity Development Department illustrating the limits of construction of all off-site improvements, as required by the Town of Vail Planning and Environmental Commission, prior to first reading of an ordinance amending the Official Town of Vail Zoning Map. That the approval of the condition use permits to allow for a public park and a private off-street vehicle parking structure becomes effective upon the approval of the proposed major suMivision of Lots P3 & J, Block 5A, Vail Village { Filing by the Vail Town Council. Should the proposed major subdivision not be approved by the Vail Town Council, the approval of the conditional use permits shall become null and void upon the passage of a motion denying the major subdivision. 5. That the final approval of the request to amendment the zone district boundaries of the Official Zoning Map of the Town of Vail to amend the zoning on Lots 1 and 2, Mill Creek Subdivision shallbecome effective upon approval of second reading of an amending ordinance by the Vail Town Council. ROLES OFTHE REVIEWING BODIES ConditionalUse Permil Planning and Environmental Commission: Aclion:The Planning and Environmental Commission is responsible for final approval/denial/approval with conditions of conditional use permils. The Planning and Environmental Commission is responsible for evaluating a proposal for: 1. Relationship and impact of the use on development objectives of the Town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recrealion facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with parlicular relerence to congestion, automotive and pedestrian safety and convenience, traffic llow and control, access, maneuverability, and removal of snow from lhe streels and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 5. Such other factors and criteria as the Commission deems applicable to the proposed use. tv. v. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this Title. Design Review Board: Action:The Design Review Board has no review authority on a conditional use permit but must review any accompanying Design Review Board application. Town Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. Staff: The statf is responsible for ensuring that all submittal requirements are provided and plans conform lo the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memorandum containing background on the property and provides a statf evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. APPLICABLE PLANNING DOCUMENTS Town of Vail Zonino Requlations (Title 12. Vail Town Code) 1 2-98-3: CONDITIONAL USES: The following conditional uses shall be permitted subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Tiile: Major arcade. Private or public off-street vehicle parking structures. Private or public parks and recreational facilities. Public uses, private office and commercial uses that are transportation, tourist or Town related and lhal are accessory to a parking slructure. Temporary construclion staging sites. For the purposes of this Section, a temporary construction staging site shall mean a site on which, for a lemporary period of time, construclion materials, heavy construclion equipment, vehicles and construclion trailers may be stored. Type lll employee housing units (EHU) as provided in Chapter 13 of this Title. Chapter 1 2-1 6: Conditional Use Permits 12-16-1: PURPOSE: ln order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review and evaluation so that they may be located properly with respect to the purposes of this title and with respect to thei effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and sunounding properties and the town at large. Uses listed as conditional uses in the vaious districts may be permitted subject to such conditions and limitations as the town may prescribe to ensure that the location and operation of the anditional uses will be in accordance with development objectives of the town and will not be detrimental to other uses or properties. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied. vt.ZONING ANALYSIS Legal Description: Zoning: Development Standard Parking: Lot P3, Block 5A, Vail Village Fiflh Filing Parking (P) District Allowed 108 (with previous approval) Land Use Designalion: Vail Village Master Plan Lot Size: 16,858 sq. ft./0.387 acres Proposed 1 17 spaces VII. SURROUNDING LAND USES AND ZONING North: Soulh: East: West: Land Use Residential Residential/Lodging Residential Mixed Use Zonino High Density Multiple Family SDD No. 28 (Chrisliania Lodge) High Density Multiple Family Commercial Core I VIII. CRITERIA AND FINDINGS Conditional Use Permits The review criteria for a request of lhis nature are established by the Town Code. The proposed additions to the parking structure will be located within the Parking (P) Dislrict. Therefore, this proposal is subject to the amendment of a conditional use permit in accordance with the provisions of Chapter 12-16, VailTown Code. A. Consideration of Factors Reoardino Conditional Use Permits: 1. Relationship and impact of the use on the development obiectives of the Town. Private Otf-street Pa*ino Structure The proposed expansion of the structured parking lot continues to implement lhe long-term goals of the Town and neighbors as expressed in the Vail Village Masler Plan. Staff believes that the proposal for additional parking spaces within lhe private parking structure on this site is in compliance with the development objeclives of the Town. 2. The etfect of the use on light and air, distribution of population, transportation lacilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Private OfFstreet Parkino Structure The proposed expansion of the structure for parking will have few, if any, negative impacts on the above-described criteria. The effect of one increased vehicle trip per day is expected to be minimal to surrounding uses. As all changes are occurring within the underground facility, the increased parking will not impede the availability of light and air 1o the surrounding areas. Staff believes that the proposal for additional spaces within the private off-street parking structure complies with the above- described criteria. 3. Etfect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traftic flow and control, access, maneuverability, and removal ol snow from the street and parking areas. Private Off-street Parkinq Structure The proposed addilion of parking spaces on this site will have minimal impacts on traffic flow, vehicular and pedestrian safety, vehicular maneuverability, and snow removal. Overall, staff believes thal the interior addition of parking spaces to the private off-street parking structure complies with the above-described criteria. 4. Effect upon the character ol the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Private Off-street Parkino Structure The underground parking spaces will be concealed below grade and oul of sight of the adjacenl uses. All above-ground aspects of lhe parking structure will remain unchanged. Again, staff believes that the proposed struclure improvements will not affect the previously approved conditional use permit protecling the existing character of the area. STAFF FECOMMENDATIONS Conditional Use Permit The Community Development Departmenl recommends approval for a conditional use permit, pursuant 1o Section 12-98-3, Conditional Uses; Vail Town Code, to allow for an amendmenl lo a "private off-street vehicle parking structure', located at 360 Hanson Ranch Road/Lot P3, Block 5A, VailVillage 5'n Filing. Staff's recommendation is based upon the review of the criteria outlined in Section Vlll of this memorandum and the evidence and testimony presented, subject to the lollowing findings: 4. That the proposed location of the use is in accardance with the purposes of the conditional use permit section of the zoning code and the purposes of the Parking (P) District. 5. That the proposed location of the use and the @nditions under which it will be operated or maintained will not be detrimentalto the public health,' safety, 6r welfare or materially injurious to properties or imsirovements in the vicinity. 6. That the proposed use will omply with each of the applicable provisions of the conditionaluse permit section of the zoning oode. Should the Planning and Environmental Gommission choose to approve the applicant's request, slaff recommends that the Commission makes the following condilion a part of lhe approval: 1. That the applicant, Vail Resorts Developmenl Company, submits a revised set of plans to the Building Department of the Town of Vail Community Development Departmenl prior to Augusl 1, 2004, illustrating the changes in improvements, as required by the Town of Vail Planning and Environmental Commission. X. ATTACHMENTS A. Traffic Survey B. A reduced copy of the proposed plans Attachment A EN Klnlel.Horn and Associaies, lnc. May 27, XXl4 Torvl of \tail Deparbnent of Public Works/Transport'atir:n 'll](19 h,tktwm llrire Vail, C() 81657 Attn: (ireg Flall, t'.li. []irector Rc: Updalc oI Traflic Engirrccr.ing 5tud1' {orP3&J Vail, Colorado I)e.ir r Mr. Hall: This l€tter has becn prcparcd to providc you rrith an trpdate of dre trip gucration prcriously' cafcula tcd fur thc propoocrl F3&J parking sbucture. This upilals ry33prompted br., changes to tire plan r*tlving a sligh t.increase to tlre parking strurture irciudjng 117 pnrhirrg spaces, wlrereas 0tc original study was co$ductetl lor 108 parking spates- T.ho identifictl 117 parking f,psrTrs within thc parking sttucftre are still plarurcd to be for salc to thc public. Pcr thc Torun of V'ail's rer4uc'sf, trip generation calcrLations were contlucted to <{etermine the volume rrf new trips expr.tted by this redevelDpmenL '[he samt trip gene.rahttn rncthodology prr..,,riou*11' a pprovccl r,"as uscd ap,ain within this analysls. The 1 17 parling .spaces propocecl for sale at .[l (r-[ are anticipahxl k) attra(:t additional pirsscngsr car vehic.le trips. Based rrpon initial in h-'rcst in t.hc program, ir is exp€cted thatat leirst hall o( the Parking epaccs rn-ill bc srrld to kxal rcsidcnts who olretrdv owrr h<rmes in thc nuighborhood. As sttdt, it is assumed one half of the nert' spaccs ieill not create new trips. Therefore, it c'trrr be asnruted that of the tohd 117 spaces, 58 will renrain {or .sille lD the pubhc t'or day trip u.*r. ()t the;r 513 p:rkingqrarrrs. it Lt trsrurrterJ OnthnUof the purking spac*i wtuld he fu ll rrr unv givr.n p*:r[r dil-v, r€sulting in il daily Ir ip p,cnera tion of ?9 r.c h ic kx mrrl< irrg 55 tr ips (onrr cntering and oue enting). Bnscd upon tlrc csLilulc that 33 pcrtr:nt oi all rurivals.t/rtcpart(rcrs occur <{tring the conrmon peak hout, ten (10) peak hcrur trips are expected cur anlr givt+r pct* day. These I0 trips rvoul.l be entering r"ehicles in tlre t\M penl hou.r runl eriting vehides il the PM per*. h.rur. I &lr l3i0 931SacnBfi St€t ot?i. C{k{aiir aI{e / I l![ $e 20 trlrrl gJ i(i 6f,?6 nJfl Kftnlstt.Horn \-rII-l Erxlffssoclaus.rnc. Mr. (ir.g Hr[, P. E.. hb! !?, ,lt4 |e$ I Thc prcviurs studv for dre lfti pa*iry *put*rr determiled, a tobrl of 9 peak hoff kipr. Ihemfonr, thc addatirtml ninc prking space* prnprxcd art: exptrted to inr:ea.sc thc p<"akhour Uipsby 1 trip from ttre previou.r propxal andshrdy. l,!'e hupe *rat ihis lette prrwidcs suflicient daa to addrtss the hip ge.rwration of ltre additional propcued pa*ing spaces. If yotr have any quesliom or conrmenla regartling the rcrults .fr(tul tlrjs traflic evalr*tti<nr, plca.* g,ivc rnc a calt at, {303} 22&am{. Sincelely, KIMI.f,,Y-HOR\I AXD A!E;OCIAI'Ij5, INC. 7Id^v& (lurtir D. ltowe, f1li., I'lt)ll Aqsociatc G+l?rfitalt&l l'rtf. ftlol.tLv^ll Vn l^a.PJ{J l"Tfrl ttUrt: / w#r Attachment B lr|t 8lsoaTs DEV€toPralr{I .21.o aRchnEctunE JFIF- 8E A4 ;at,.E'G -d!!:t:iiE*=E gt) *ir ,-r 33 lffi'Bll tpl}|l ll'xri:" lll[:Jl N ulfs P-3 & J ll I Prnr ulE[ ll ll n-ooi Prrx llll Ar0r ll t- AEl !,, < ;.. I .1!,'jE? ',:?'vE t! -:oa s3l l-r 'r "? "? v^|l f,8SoRlS 0Evat!Puam .21.o Anoiltfcrvif "lalE|F- --{v -. tl llbwBll llle I\tlllilt;;;il ilt "*-" il|--]l I rrTs P-3 & J llll c^Rrcs ll laVE- l ll ?mon Pr llll A102 ll @ --o N Kl.) Ocrnacr-.uyufsoon-ruu \-/ " lcaEs--------------- l'. rr..r 'rl^!rr r0, 'u ir(i I i r, codrr nm. x' !r. l_I uir .r urrrr L ro3!r- co,.l ,ii / ,TJ= -----t - -t:;>'.:-----;> ,:i Li --i-- i--E-- -n-- r-t r4_ L.. a Fl D'IEIOP[I8NT 42tao LOTS P.3 & J CIMCEuvll 2 fL00R Pt atl irnQ N n.) rncanrcl.=-:.rvlt.-+et oq&-s.allv - rq=---* '. r.tr. r'l^r" .o. ' u nt.3 r^t! 8880813 D EVaUtFt0tft 4?F0 ^ROr[€CTUR€ 5.a='|l!E ffi t"-^"1 lJ;-)l-' I'-i--''l -;;=:4--'n--, l--r-- ]r;;{ '-n--, --n.-- r mNyBIR.ALJIN,\SSOCIIAT]ES, IINC. PLANNING and COIYI'4UNlTY DEVELOPIYENT June 1,2004 Mr. George Ruther, Chief of Planning Department of Community Development Town of Vail 75 South Frontage Road Vail, CO 81657 RE: Amendment to P3lConditional Use Permit for Private Parking Structure Dear George, Enclosed you will find an application to amend the previously approved conditional use permit for a private parking structure at Lot P3. The amendment involves an increase from the 108 approved parking space to I l7 parking spaces. This increase can be accomplished by increasing the depth ofthe parking garage. There are no changes proposed to the exterior of the structure or to the surface of the site. An addendum to the previously completed traffic analysis is also provided. This analysis indicates that the proposed amendment will result in one additional trip during the peak hour. Information included with this submittal includes the following: l. Application form and fee ($250-amended development plan), 2. Written summary of the proposed amendmfnt, and 3. Parking structure floorplans. i Please do not hesitate to contact me with any questions you may have or if you need any additional information. Sincerely,,, /z'--' - I /-/ Il' \rrl\rr ,'l tjuv\t7--l,\fvrr=- Thomas A. Braun Encl. Cc: Jack Hunn Jav Peterson Edwards Village Center Suite C-209 0105 Edwards Village Boulevard Pod Ofllce Box 2558 Edwards, Colorado 8 1 532 Ph. - 970.926.7575 Fax - 970.926.757 6 www braunassocrates.com Chioago Title lnsurance Company ALTA COM M ITM ENT Our Order No. VC274766'3 Scbedule A Cust. Ref.: Proper{v Address: LOT P-3 AND LOT j, BLOCK s-A, VAIL VTLLAGE FIFTH FILING 1. Effective Date:Decenrber 1'7 ,2002 at 5:00 P.\4. 2. Policy to be Issued, and Proposed Imured: Infomration Binder Proposed Insured: VA]L ASSOCIATES HOLDINGS, LTD., A COLORADO CORPORAT]ON The eslate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simpie Title to the estate or inlerest covered herein is at the effective date hereof vested in: VAIL ASSOCIATES HOLDINCS. LTD.. A COLORADO CORPORAT]ON The land refen'ed to in this Conrnritrncn{ is described as follou,s: LOT P-3, BLOCK 5.A, \IAIL VILLAGE, FIFIH FII-INC, ACCORDING TO TIJE RECORDED PLAT T}JEREOF. COUNTY OF EACLE. STATE OF COLORADO, I-OTJ, tsLOCK 5-A, VA]L \TILLACE, FIFTJJ FILING ACCORDING TO TI-JE RECORDED PLAI' TIIEREOF, COUN]'Y OF EACLE, STATE OF COLORADO, EXCEPT]NC FROM LOTJ 1'I]AT PROPERTY CON\TEYED lN DEED RECORDED SEP'|EI\4 BEn 29, 1967 lN BOOK 21 1 Al' PACE 310 AND lN DEED RECORDED MARCH I5, J976 IN BOOK 245 AT PACE 252, AND CORRECTION DEED RECORDED APRIL I5. 199] 1N I]OOK 55] AT PACE ?42. ALTA COM M ITM ENT ScheduleB-Sectionl @equirements) The following are the reguiremenG to be complied with: Our Order No' VC274?66.3 Itenr (a) Payment to or for 0re acmunt of the grantors or rrongagors of tir full consideration for the eslaE or intercst to be insured. It€m (b) Proper instrument(s) creating tlre esrale or inrcre"\:t m be insured uust be exeouted and duly filed for record' to-'rrrit: Item (c) Payment ofall uxes, cbarges or assessmeDts levied ancl assesseal againsl tire subject premises wbich are due aDd payable. ItEm (d) Additional requirenrents, ifany disclosed below: THIS COMM]TMENT tS FOR INFORMATION ONLY, AND NO POL]CY WILL BE ]SSUED PURSUANT HERETO. 6. 1. 8. ALTA COMMIT]\4ENT ScheduleB-Seotion2 (Excep{ions)Our Order No. 'lC2'74766-3 The policJ or policies to be issued will contain exceplions to the lbllorving unless llre same are disposed of to the salislaclion of the Conrpany: 1. Rights or claitt:s of parties in possession not shown by tJre public records. 2. Easa:renls, or 0lainls of easenlellts, not showll lty tlte public reutrds. 3- Discrepancies. oonl'licts )n boundary lines, shorlage in area, encroaolurents, and any facts whiclt a orlrrect surve}'and iDspectiOr: of tlre prcnrises wcluld disclose and u,lrir:lr are not shou4) by re public records 4. An1, 1irn, or nght to a liel, tbr serv jr.:es, labor or nraterial theretotore or ]tere'afier firnislred, imposed b)' law and not showtt by tJre public records. 5. Delects, liens, enounrbranoes, adverse claims or orher nratrers, if any, createtl, first appearing in rhe pu-blic rec'ords or zinaglulg subsequenr ro t}e effective dare iiereof but prior to dle daLe the proposed insurecJ acquires trf recnrd for value rlre e)^ute or inrcrest or lDongage drereon col'ered b)'dris ColuDiuuent. 11. Tures or speclal assessnenrs u4rich are nor shou,n as exisriog liens by fte public recorrls- o dre Treasurer's <tffice' Lieru for unpaid water and sewer cbarges. if artl'.. Il ad<lirion, the ou,ner's poiicy u,ill be subjecr ur rlre nortgagc. if any. nored in Secrion I of Scheduie B hereoi' R'IGHT OF PROPRIETOR OF A \/EIN OR LODE TO EXTMCT AND REN4OVE HlS ORE T]]EREFROM SHOULD THE SAME BE FOUND TO PENETMTE OR INTERSECT THE PRE\4.ISES AS RESER\/ED IN UN]TED STATES PATENT RECORDED \4A\, 20. 1905, IN BOOK 48 AT PAGE 511. R1GHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UN]TED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 20. i905. IN BOOK 48 AT PAGE 5I ]. RESTR'ICTIVE CO\/ENANTS. W}-IICH DO NOT CONTAIN A FORFE]TURE OR RE\i ERTER CLAUSE, BUT ON4ITTING RESTR]CTIONS, IF AN)', BASED ON RACE, COLOR. RELIG]ON, OR NAT}ONAL OR]GIN, AS CONTAINED IN INSTRUT4ENT RECORDED NOVEMBER 05' I965' ]N BOOK I8i AT PACE 353 AND AS AMENDED ]N INSTRUMENT RECORDED AUCUST 27' 1984, IN BOOK 393 AT PAGE 492. EASE\4ENT AS CRANTED TO C}IRlST]AN1A-AT.\/A]L, INC. FOIT A PERPETUAL EASEMEN]' AND R]CIJT TO USE SIIBJECT PROPERT)' AS AND FOR A PUBLIC PARKINO LOT. WI'IICH EASEMENT SlJALL RUN WITI.I LOT D, BLOCK 2, VAIL V]LLAGE FIRS]'FlLING AS DESCRIRIID IN INS']-RUN4ENT RECORDTJD JULY IO, I963 ]N BOOK I77 AT PAGI] 12? ANI) AS \4ODIFIED BY ACREEJ\4ENT R[](]ORDED ]UND 5, I968 IN I]OOK 212 AT PAGE 877 ANI) ANY MAI-TERS AFFI]CTINC SAID EASE\4I]NTS. 10. 12. ALTA CO}\4T4ITMENT ScheduleB-Section2 (Exceptions)Our Order No. '1C274'166'3 The policy or policies to be issued rvill contain exceptions (o the following unless the sante are disposed of to the satisfaction of the Company: (AFIECTS LOT P-3) 13. RIGHT OF WAY FORTY FEET lN WIDTH ACROSS T]JE WESTERLY PORT1ON OF LOT P'3 AS DEDICATED TO THE TOWN OF VAIL lN AGREEMENT RECORDED JUNE 5' 1968 IN BOOK 212 l\T PAGE 877. (AFFECTS LOT P-3) Y_r- / / -h"lln=-.rQil*; i/t ^-Xt -# -l1r€F* I I tl?,1 Il,rlK:t/ I EiH" gdi Pie :g iJ8 39 \l !i? -?€ ,;/ /+ /.< // /i- u/'/ P ,19-/F FEiil l-6crl ItE;l I er3l E4 ttt lx!uic 3H \-, \ ln) l- I \:) tr)r.:--l F1|5lhElFlf.lal Frlilll:ll-oii |5l-llxl;tFl:litrt;tFlIFIFl:ll'otdlEt"') lz -I 'n'o ll5F> E; ll"S '- E^ llp , v 'E rll cl-, t- tr5 ll-: zt- llx- t1q VAIL,S FK. TT DOOR VAIL PARK & GARAGE AT IOIS PJ3 & J ili iulliiirii li*i ;iEEE t t t I fi!qr 6 JN "lx - \- -{t_' ,*F .xt }L*tts\{ ' \: ; --i=:-*-Ji' +.1-!; - j-9- iE€(iil r 1F.-. i*t'\q,/ -\/ /'8BE'11 ll;e .iif fi\\l{E ' I i r 3 t s t 4 1t,tr ilra-t t/ \ \,,\ /-.\tr_)z\r\Z (-)-6 _loI n-El It liEglE l: ll:;s | lEt?hte I l' lel;; I i; Fai; I Ete; - tt-l8i i ll-oli;'lFt-: I lz E=ilq ; = HgFll; i il E'*ll:iiiililliiirf;ffi* EEEgE 'iir::i VAIL'S ,,gfr$" DOOR VAIL PAEffiS&,'GARAGErr rcr#iiffi r r f, 9 I t:7--'- - I,' -.....-- J-.- (---/ NE9s\ \iL\ \iL\, :hqq \ l-Sr3- l3s\-\ .\\ +f i3s\ 4l vAIL's "rx{,.:I DooR VAIL PARK,::&,..GARAGErr rnr!'lsi * r iliiiiitiiirillltl ieaE; I i5 t!#tI iFlr fllE 5l't \ IJ- /\w= lii)r Dk) f-P;s| F lfi=3l'l H lilai lfi lEii: lkt6Eii I e ll4 ; lE Ei-l E i = ll= ; i BEFII; ,. E E;eil;-' il.- I I it/d-fa/; /t X l- ;,,EIi/1.,!: /\#\z\+r, (F) ti)r b E)f-";d f lEs;tfl Hll3:; I E l-Eg: I J. lE:is lb li;iE I E lii ;lFI"F IF € = ce*ll? i F E-*ll; ll 7 *=- _ I, -7 ---''--=-- *==---/ ril.1.;.t ' i!- f t- $:t) i9s\ r\ill\ill qP ' vSnlilr"t, :,{lrr"irlilr9:; ; l\' \*6Ei Iiil \ {lr \"lFiE!: d \/ VAIL'S ]'K. .lT DOOR VAIL PARK'.'&" cARAcE AT UnA P-3 & J iii iriitti4l ifr*u ;EEgEati iti Fln flE rl9-tF tlr Planning and Environmental Commission \/t'LVltaavStnq f l+z 4 , bt,"L'oA ACTION FORM Deparunent of Community Development 75 Sorjth Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479,2452 web: www.ci.vail.co.us Prcject Name: P3 MINOR SUBDIVISION PEC ltumber: PEC040080 Project Description: MINOR SUBDMSION TO CREATE 3 "SURFACE' PARCELS (PAR( CHRISIANIA PARKING LOT AND REMAINDER PARCEL) AND 1 BELOW GMDE PARCEL (WHICH ACCOMODATES UNDERGROUND PARKING STRUCruRE). Participants: OWNER VAILASSOCIATESHOLDINGSLTDl2/14l2004 Phone: Gerry Arnold Po Box 7 Vail @ 81658 License: APPUCANT Braun Associates, Inc. Izlt4lz004. Phone: 970-926-7575 225 Main Street Suite G - 002 Edwards, Colorado 81632 License: ProjectAddress: Location: 375 HANSON RANCH ROAD legal Description: Loe P-3 Block 5-A Subdivlsion: VAIL VILIIGE FILING 5 Parcel Number: 210108239006 ' Comments: See @nditions BOARD/STAFF ACTIOIT Motion By: Kjesbo Action: APPROVED Second By: Lamb Vob: 5-0-0 DateofApproval:01/10/2005 Conditions: Gond:8 (P|AN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate revie$/ committee(s). Cond: 300 PEC approval shall not be not become valid for 20 dap following the date of approval. Cond: CON0006861 The SuMivider shall address the three required con€ctions, as noted in the staff memorandum and documented on the proposed plat, prior to recordation of the Final ptat. Planner: George Ruther PEC Fee Paid: $650.00 a\ TOil'NM Planning and Environmental Commission ACTION FORM Deparunent of Community Development 75 South Frcntage Road, Vail, Colorado 81657 tel: 970.479.2L39 tax: 97 0.479.2452 web: www.ci.vail.co,us Project Name: P3 MINOR SUBDIVISION PEC l{umber: PEC(),I0080 Project Description: MINOR SUBDIVISION TO CREATE 3 'SURFACE" PARCELS (PARK CHRIMANIA PARKING LOT AND REMAINDER PARCEL) AND 1 BELOW GMDE PARCEL (WHICH ACCOMODATES UNDERGROUND PARKING STRUCTURE). Pafticipants: OWNER VAILASSOCIATESHOLDINGSLTDl2/14l2004 Phone: Gerry Arnold Po Box 7 Vail co 81658 License: APPUCANT BraunAssociates, Inc. L21t412004 Phone: 970-926-7575 225 Main Street Suite G - 002 Edwards, Colorado 81632 License: ProjectAddr€ss: Location: 375 HANSON RANCH ROAD Legal Description: LoE P-3 Blodc 5-A Subdivisionr VAIL VILLAGE RUNG 5 Parcel Number: 210108239006 Comments: See Conditions BOARD/STAFF ACTION Motion By: Kjesbo Action: APPROVED Second By: Lamb Vote: 5-0-0 DateofApproval: 01/10/2005 Conditions: Cond:8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s)' Cond: 300 PEC approval shall not be not become valid for 20 days following the date of approval. Cond: CON0006861 The SuMivider shall address the three required corrections, as noted in the staff memorandum and documented on the proposed plat, prior to recordation of the Final Plat. Planner: George Ruther PEC Fee Paid: $650.00 L2/A9/2AA4 A5:54 979-926-7576 BRAUN ASSOCIATES PAGE S2 RECE$VED DEU 1 :l 2.;i.,4 TOV.COM.DEV. ,ffi APPlication for Review bY the Planninj and Environmental Gommissio DeDertment of Community Da'tdopfl€nt zs Souur FrontagE Rodd, Vail, colora& g'1657 tel: 970.479,213K) laxt 970.119 2152 trv€b: rnt $/'vailgov.com ceneral Information: Al projecc Fqu'ring Ptannllg and Ervironmental oomrnission fevl€\, mtat fecsiva app|Dval pdor to submitting a buildirE pemlt aPpli:ation, P|6ae tebl to tte submltbl ruquirenrenE for the particular appoval that 16 l€qu€bd' An aDlbatlon for Plamlng anO Aruircnnr€lrbl @nrmission revtew cannot Ue ai+teO unill all nquired Normallott b recehred by rhe community oe,iiliiii-iieea-tt"nt. rrte ppisct may also n'eed to be rwk 'ed by the Tdivn Comcil and/or th€ Dedgn Radar Betd- Type ofApplicetlon and Fee: Rezonlrrg $1300 tt .hr Sibdivl€lon _ !!!00.-Mriorsubdivbion --#8, EcmFtionPlal Mino?AnEfldnent b anSDD $1000 t{aw Spedat Dev€loFn nt DFtis't 56000 ltajorAnEndment to enSDO S6000 tlalorAmnOrsr*toanSDD tt25o (no etibrirr'. modficeltorc) Qeecrlptlon of the RequGt: n\ \ n otthi Propomil lotr Q) B|mk: S'A- subchdslon: . oDnditional tJse Femia. FloodplainModlflration. lfinor Bte or AltEration. Majot Etterior Alblt*on. D6/€loo|rEnt Plen. Amerdment to a DevehPment Plan. Zonlng Oode Amendment. \brlmcE ' Sqn vaiance $650 $4(x] $6s0$m i15m 3250 $1300 3500 t200 '\"^\c-.,.t .\r Phyticel Addrcss: 'R1S d.,'r'e,,r (lrlsL R c 'AXt parcel No.: a\ O \ O9B 1.9 o- \C- (Conht Eagle Co. Assessor at 970-3284640 for parcel no') (-Zoning: (q.eKrn\ Name(s)of owncrlsf "(xu \ssocr.\c's t\o\l\r L''-^i'te).. . ilt.tllngAddresc: t d.\al-J ULt,-. r a =. A+*t Cttnt \tn"\L Owner(e) Signeturc(s): Name of Applicant: , Pr" s;Jo.,t E-maitAddrece:,\,,^,t@\crtur:socrts- rntr qU41 51b For Offlcc UsgOgfyr FeePaH: ,Lzto;g#:"Zit"Y o,*,' w.E- 7 o ( Itil€eting Dat€: /-r?:-Q.v ..'- Page I of 6-0rV0l /04 D€uO+ 000 I tllr**'itrt***{.{r*t+{r!t*tttr*rt'}tr*****!t!i****'a:}rtt*{r*'tat+{r**tta*'r'}**ttr*{.'l*{rlrt't'l+*********+*1.***'t't:|*+* TOWNOFVAIL, COLORADO Statement r'.t*'t*rat+tta****t,i*****';*****r**'t****'t*'t'|+**+'l**+att*t*lrt||'|l'********l*++{.*,}*{r'l************t Statement liluriber: R04oo0?255 Amount: $650.00 t2/a4/20o4o8:31 Alt Palment Method 3 Check Init: aIs Notation: #3901/BRAIllt & ASgOCIATES Permit No: P8e040080 Tlpe: PBc - Minor Subdivision Parcel No: 210108239005 Site Addreaa: L,ocation: 3?5 HANSON RAIICH ROAD Total Peea: $650. oo Ttrie Pal4rent: $650.00 Total AIJJ Pmts: $650.00Bafance: 90,00 lrt******tar{t't*tf 't*t*'}****,a'3at**:}tt**********t+****t*tt*'}******+*'}**l***ll****l*'ir'tl*l:}:}***'t'}l ACCOI.JNT MEM LIST: Account Code Descniption Current Pmts PV OO1OOOO31125OO PEC APPLICATION FEES 650.00 Lot P-3 Project Adjacent Property Owners List Updated December 2004 TOWN OF VAIL FINANCE DEPARTMENT 75 S. FRONTAGE ROAD vArL. co 81657 MR. BART CUOMO VAILREALTY C/O MILL CREEK COURT ASSOCIATION 302 HANSON RANCH ROAD vArL, co 81657 RAPPAPORT FAMILY TRUST 16379 SKYLINEBLVD WOODSIDE,CA94O62 VAILCORPORATION P.O. BOX 7 VAIL, CO 81658 GIVREN, AGGIE P.O. BOX 3827 VAIL, CO 81658 CHRISTIANIA LTD 356 HANSON RANCH RD VAIL. CO 81657 CHAMBERCORP C/O CHRISTIANIA INC 356 E HANSON RANCH RD VAIL, CO 81657 VAILCONDOS GORE CREEK PARTNERSHIP CiO OLIVE WATSON lOOFIELDPOINT CIRCLE GREENWICH, CT 06803 TIVOLI LODGE C/O ROBERT LAZIER 386 HANSON RANCH RD VAIL, CO 81657 VILLA VAHALLA CONDOMINruM ASSOCIATION C/O JOHNEVERLY 356 E HANSON RANCH RD VAIL, CO 81657 BRIDGE STREET ASSOCIATES. LLC 3OIOO TELEGRAPH SUITE 220 BINGHAM FARMS, MI 48025 SHIRLEY. ERICKSON S. PO BOX 2179 VAIL, CO 81658 HARRIS TRUST & SAVINGS BANKAS TRUSTEE OF THE CHRISTOPHER B. GALVIN REVOC TRUST I I I W MONROE ST ATTN: JANE BARNETT CHICAGO, IL 60603 GALVIN, ROBERT W. & MARY B. ROLLINGOAKS FARM 160 DUNDEE ROAD RTE 68 BARRINGTON, IL 600I 0-9399 BRIDGEWATER, B.A., JR & BARBARA P. 7701 FORSYTH BLVD STE IOOO ST LOUIS, MO 63105 KNOX, GEORGE WASHINGTON, IV 29I BRIDGE ST VAIL. CO 81657 VORLAUFER CONDOMINIUM ASSOCIATION 385 GORE CREEKDRVAIL VAIL. CO 81657 GALVIN, ROBERT W. ROLLINGOAKS FARM 160 DLINDEE ROAD RTE 68 BARRINGTON, IL 60010-9399 Land Tifle Guarantee Company CUSTOMER DISTRIBUIION Date: 12-09-2004 Property Addrcss: FOUNDERS PARKING GAMGE Our Order Numbcr: VC274766.3-8 OTTENJOTNSON ROBINSON NEFF & RACONETN PC 950 17TH ST. tr600 DENVER, CO 80202 Attr: BOB FISHER Pbone: 303825{,1fi) Fax: 303-825{525 EMall: Ilsh@ojrm. com Sent Vh EMdl VAILASSOCIATIS P.O. BOX 7 vArL, co E1658 Atur: GERRYARNOLD Phorc: 9?l)-845-2658 Fa* 970{45-2555 EMeil : gerrya@vallresors.com S€tlt Vla EMdl VAIL ASSOCIATES P.O. BOX 7 VAIL, CO 81658 Attn: KI,JRSTEN CANADA Fax: 970-845-2555 Sent Vla Courier**r If you have any fuquiries or rqulre futfru assistancx, please contact one of the numbers helow: For Titlc Asslstance: Vail Title Dept. r|lE S. FRONTAGE RD. W. #203 P.O. BOX 357 VAIL, CO t1657 Phone: 970-176-2251 Fax 9?0-{76-1732 Land Title Guarantee Company LandTith Date: 12-09-2004 Our Order Number: VC274766.3-8 Propcrty Addrcss: FOUNDERS PARKING GAMGE Buyer8orrower: VAIL ASSOCIATES HOLDINGS, LTD,, A COLOMDO CORPORATION Scllcr/Owmr: VAIL ASSOCIATES HOLDINGS, LTD,, A COLOMDO CORPOMTTON t * * 'l * * t l|}+ * * t* * * t 'i i I i:i:r 'r !r.a + 'a 'i{.t 1+* t t + | tt | *trt t t | * *t t ta t * * {.{. 'r:} **'r* ** * Note: Oncr an origlnal commltrnent has bcen bsued, any subsequent modlllcations will bc cmphasized by underlining or comments. rlt +tttt,t * 'l r. '| t t+ 't * * * *:** {.+ A i t + * *t ** i,},* r * *:r 'a *,t:t,r:r * * ****at+*t+t+t*+:}r* Necd.a map m dircctio-ns for your upcoming closing? Chcck out Land Title's web site at www.ltgc,com for directirins to any of our 5{ olficc locatioirs. " ESTIMATE OF TITT^E FEES Information Binder $0.00 Il lJlad ula7. cut-r.8!.e c4r.D7,.ftf ba clo.lng tblt xt tt ct!@, &ova C..c w!!t b. co!r...t.d.c xhtt xtE. TOTAL $O.OO roa 61116 oaloa TTIANK YOU FIOR YOUR ORDER! LAilD TITTE GUARANTEE COMPA]IIY tNvotcE Owner: VAIL ASSOCIATES HOLDINGS, LTD., A COLORADO CORPORATION Property Address: FOUNDERS PARKING GARAGE Your Rderence No.: When refening to dris order, please reference our Order No. VC274766.3-8 . CHARGES - Information Binder $0.00 --Total--$0.00 Please make checks payable to: l,and Tide Guanntee Company P.O. Box 5440 Denver, CO 80217 Chicago Title Insurance Company ALTA COMMITMENT Scbcdule A Property Address: FOUNDERS PARKING GARAGE l. Elfectlvc Date: May 26. 2004 at 5:00 P.M. 2. Policy to be Issucd, and Proposcd lnsured: Information Binder Proposed Imured: VAIL ASSOCIATES HOLDINGS, LTD., A COLOMDO CORPORATION Our Ordcr No. VC274766.3-t Cust. Rcf.: 3. Thc cstate or lntercst ln ths hnd describcd or rcferrrd to ln this Comnitment and covered bcreln ls: A Fee Simple l. Tttle to the cstatc or lntcrcst covercd hcrcin is at thc cffcctive date hcrcof vested in: VAIL ASSOCIATES HOLDINGS, LTD., A COLORADO CORPORATION 5. The land referrcd to in thls Commltment ts described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION Our Order No: VC274766.3-8 TEGAI. DESGRIPTIOiI TRACTS A AND B AND LOT 1, PARKING THREE DIMENSIONAL SUBDIVISION, VAIL VILLAGE FIFTH FILING. ACCORDING TO THE PI.AT TO BE RECORDED IN THE RECORDS OF EAGLE COUNTY, COLORADO. FOUNDERS PARKING GARAGE WILL BE CONSTRUCTED TJPON fiIE ABOVE DESCRIBED PROPERTY WHICH ENCOMPASSES WITHIN THE FOLLOWNG METES AND BOI.JNDS LEGAL DESCRIPTIONS: A Parcel of land located in Vail Village Fifth Filing per the recorded Plat ihereof, as recorded November 15, 1965 at Reception No. 102538 in the Otfices of the Clerk and Recorder, County of Eagle, State of Colorado, being more particularly described as follows: Begiffring at 0re Southeasterly Corner of Lot j, Block 5-A, Vail Village Fifth Filing, thence along the Northerly Right-of-Way of Hanson Ranch Road S 70 DEGREES 35 ' 4 I ' W a distance of 35.00 feet; thence 52.65 feet along an arc ofa crrve to the right, having a central angle of25 DEGREES 06'04", a radius of 120.17 feet, a chord which bears S 83 DEGREES 08'43' W, 52.23 feet; to the True Point of Beginning; lhence 65.44 feet along an arc of a crrve to lhe right, having a central angle of 3f DEGREES ll'56', a radius of 120.17 feet, a chord which bears N 68 DEGREES 42'17" W 64.63 feet; thence N 53 DEGREES 06'19' W, 9r.00 feet; thence 40.42 feel along an arc ofa curve to the left having a central angle of l9 DEGREES 37'53', a radius of ll?.98 feet, a chord which bears N 62 DEGREES 55'15" W 40.23 feet; thence 28.89 feet along a non tangent arc ofa flrve to the right having a central angle of 30 DEGREES 06'02", a radius of 55.00 feet, a chord which bears S 05 DEGREES 37'f6' E 28.56 fe€t: thence N 09 DEGREES 25'45" E 22.43 feet; thence 24.16 feet along an arc of a curve to the right having a central angle of 47 DEGREES 37'20", a radius of 29.06 feet, a chord which bears S 33 DEGREES 14'25' W 23.47 f@t: thence 42.08 feet along a non tangent arc of a orrve to the rtght having a centrd angle of 04 DEGREES 08'40", a radius of 581.70 feet, a chord which bears S 77 DEGREES 27' 48" E 42.07 feet; thence S 75 DEGREES 51'23' E 85.32 feet: thence S 82 DEGREES 3l'10' E 11.87 feet; thence S 15 DEGREES 23'24" E 3.78 feet; thence S 07 DEGREES 14'02" E 133.48 feet to the True Point of Beginning, and A Parcel of land located tn Vail Village Fifth Filing per the recorded Plat thereof, as recorded November 15, 1965 at Reception No, 102538 in the Offices of the Clerk and Recorder, Coungr of Eagle, State of Colorado, being more particularly described as follows: Begtnning at the Southeasterly Corner of Lot P-3, Vail Village Fifth Filing, whence the Northeast corner of said Lot P-3 bean N 0714'02" W a distance of f33,48 forming the Basis of Bearing for this Description, Elevations are based on HARN station "Spraddle", with an elevation of 8287.82 (NAVD 83); thence along the Northerly Right-of- way of North Hanson Ranch Road, 32.76 feet along an arc ofa crrve to the right, having a central angle of 15 DEGREES 37'04", a radius of 120.17 feet, a chord which bears N 76 DEGREES 29'43' W 32.66 feei to the True Point of Beginning of a Three Dimensional Boundary; thence Vertically downward to a point bounded by an upper elevation of8191.0 and a lower Our Order No: LEGAT DESGRIPTIOiI elevation of8153.fi); thence S 82 DEGREES 45'58'W a distance of36.?9 feer, to a point bounded by an upper elwadon of 8191.0; thence downward to an upper elevation of 8190.0 and a lower elevation of 8153.0; thence N 53 DEGREES 06'19" W a distance of 52.40 feet and desctnding to a point bounded by an upper elevation of 8187.6 and a lower elevation of 8f53.0 and ascending to 8155.0; thence N 53 DEGREES 06'19' W a distance of 28.00 feet and descending to a point bounded by an upper elevation of 8186.3 and a lower elevation of 8155.0 ascending to 8156.5; thence N 53 DEGREES 06'19' W a distance of 49.50 feet and descending to a point bounded by an upper elevation of 8184.0 and a lower elevation of 8156.5; thence N 09 DEGREES 25'45' E a distance of 16.18 feet to a point bounded by an upper elevation of 8184.0 and a lower elevation of 8156.5 '; lhence 41.34 feet along an fuc of a non-tangent Curve to the right having a Central Angle of 20 DEGREES 04'33", a Radius of 1l?.98 feet, a Chord Which bears S 63 DEGREES 08'35" E a distatrce of 41.13 feet and ascending to a point bounded by an upper elevation of8187,2 and a lower etevation of E156.5; thence S 53 DEGREES 06'19" E a distance of 16.42 feet and ascending to a point being bounded by an upper elevation of 8187.9 and a lower elevation of 8156.5 descending to an elevation of 8155.0; thence S 53 DEGREES 06'19" E a distance of 28.00 feet and ascending to a point bounded by an upper elevation of 8189.6 ascending to 8190.6 and a lower elevation of 8153.0; thence S 53 DEGREES 06'19. E a distance of 35.95 feet and ascending to a point bounded by an upper elevation of 8190.8 and a lower elevatlon of 8153.0; thence 32.68 feet along an fuc of a Curve to the right having a Central Angle of 15 DEGREES 34'52", a Radius of 120.17 feet, a Chord which bears S 60 DEGREES 53'45" E a distance of 32.58 feet to the True Point of Beginning. vc271766.3-8 ALTA COMMITMENT ScheduleB-Sectionl (Requiremcnts) Our Order No. VC274766,3-8 The followlng are thc requiremcnts to be compted with: Item (a) Payment to or for the account of the grantors or mo(gagors of the full consideration for the estate or hterest to be insurcd. Item ft) Proper instrumm(s) creating the estate or interest to be insured must be execrted and duly filed for record, to-wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premlses which are due and payable. Item (d) Additional requirernents, if any disclosed below: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POUCY WILL BE ISSUED PURSUANT HERETO. ALTA COMMITMENT ScheduleB-Section2 (Exceptions) Our OrderNo. VC274766.3-8 Thc policy or policics to bc lssucd will contain erctptlom to thc following untess thc same are disposed of to the satisfaction of the Company: f, Rights or clairns of parties in possession not shown by the public records. 2, Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conllicts in boundary lines, shortage in area, encroachments, and any facts which a conect survey and inspection of the premises would disclose and which are not shown \r ihe public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furntshed, imposed by law and not shown by the public records. 5' Defects, liens, encumbrances, adverse claims or other matten, if any, cr,eated, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the pmposed insured aiquires of record for value the estate or interest or mor{gage thereon covered by this Comnitment. 6. Taxes or special assessments which are not shown as existing liens by the pubtic records.o lhe Treasurer's office. 7. Liens for unpaid water and sewer charges, ifany.. 8. In addition, the owner's policy will be subject to the mortgage, if any, noted in Section I of Schedule B hereof. 9. RIGHT OF PROPRIETOR OF A VEIN OR IODE TO EXTMCTAND REMOVE HIS ORE TI{EREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 20, 1905, IN BOOK 48 AT PAGE 5II. I(). RIGTTT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY TTIE AUTHORITY OF THE UMTED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 20, T905, IN BOOK 48 AT PAGE 5rr. II. EASEMENT AS GMNTED TO CHRISTIANIA-AT.VAIL, INC. FOR A PERPETUAL EASEMENT AND RIGHT TO USE SUBJECT PROPERTY AS AND FOR A PUBUC PARKING LOT, WHICH EASEMENT SHALL RIJN WT[.H LOT D, BLOCK 2, VAIL VILLACE FIRST FILING AS DESCRIBED IN INSTRUMENT RECORDED JULY T(), 1963 IN BOOK I77 AT PAGE I27 AND AS MODIFIED BY ACREEMENT RECORDED JUNE 5, 1968 IN BOOK 2I2 AT PAGE 877 AND AI.IY MATTERS AFFECTING SAID EASEMENTS. (AFFECTS LOT P_3) 12. TERMS. CONDII]ONS AND PROVISIONS OF PROTECTIVE COVENANTS RECORDED MAY 26. 2004 AT RECEmON NO. 878450. ALTA COMMITMENT ScheduleB-Section2 @xceptlons) Our Ordcr No. VC274766.3-B Tbc poliqr or policics to bc issued will contaln cxccptlons to the following untess the same arc disposed of to the satisfaction of the Company: 13, TERMS. CONDMONS AND PROVISIONS OF PARKING CONDITION AS CONTAINED IN DEED RECORDED MAY 26. 2()O4 AT RECEPTION NO. 878453. r4. TERMS. CONDITIONS AND PROVISIONS OF LOT P-3 DEVELOPMENT AGREEMENT RECORDED MAY 26. 2004 AT RECEmON NO. 878454. 15. TERMS. CONDMONS AND PROVISIONS OF CONSTRUCTION EASEMEM AGREEMENT (CHRISTIANIA'I RECORDED MAY 26. 2OO4 AT RECEMON NO. 8?8456. 16. TERMS. CONDfiONS AND PROVISIONS OF CONSTRUCTION EASEMENT AcREEl"fEl,[T Mtr-LA VALHALLA) RECORDED MAY 26. zOU AT RECEPTION NO. 878457. LAND TITLE GUARANTEE COMPANY DISCLOST'RE STATEMENTS Note: Pursuant to CRS 10-ll-122, notice is hereby given that: A) The subject real property lnay be located in a iftciat taxing Aisrict. B) A Certilicate of Taxes Due listing each hxing jurisdiction may be obtained from the Coung Treaslrer's authorized agent. C) The information regarding special districts and the boundarles of such districts may be obtained from the Board of Coun$ Commissioners, the County Clert and Recorder, or the County Assesor. Note: Efrectlve September l, 199?, CRS 30-f0-{06 requires that all doorments received for rrcording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any doarment that does not conform, except that, the requirement for the top margin shalt not apply to documents using forms on which space is provided for recording or filing information at the top marginof the document. Note: Colorado Division of Insurance Regulations 3-5-1, Pangraph C of Article MI requires that "Every tide entity shall be responsible for all matten which appear of rtcord prlor to the frme ol recording whmever the title entity conducs the closing and is rcsponsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that l,and Til; Guarartee 9otp.ny conducts the closing of the insured transaction and is respomibte for recording the legal docummts from the transaction, exception number 5 will not appear on the Ovmeris Title Policy and the Lenders Poliqr whm issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Comrnitment from the Owneis poiicv to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence whlch includes a condominiun or townhouse unit. B) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitrnent withln the past 6 months. C) The Company must receive an appropriate affidavit indemntsing the Company agatnst un-filed mechanic's and material-men's liens. D) The Company must receive payment of the appmpriate premium. E) If there has been constnrction, improvements or major rlpairs undertaken on the property to be purchased lvlthin six months prior to the Date of the Commihent, the requirements to obtain coverage for unrtcorded liens will include: disclosure of.certain construciion informatlon; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium firlly executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examindion of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is herrby glven: This notice applies to owner's policy commitments conhining a mineral severance instrument exception, or exceptions, in Schedule B, Section Z. A) That there is recorded evidence that a mineral estate has been severcd, leased, or otherwise conveyed fmm the surface estate and that there is a substantial likelihood that a third party holds some or all interest in otl, gas, other minerals, or geothermal energr in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permisslon. Nothing herein contained will be deemed to obligate the company to provide any of the coverages refened to herein unles the above conditions are fully satisfied. RErn DISCIG{AB O9/OU\2 JOINT NOTICE OF PRIVACY POLICY Fidelity National Financial Group of Companies/Chtcago Tltle Insurance Company and Iand Titlc Guarantee Company JuIy l, 2001 We recognize. and r-egrqct-the privacy expectations of todav's consumen and the requirements of applicable federal and $aJe pnvacy.laws. we believe that makins you aware of how we use vour non-oublic oersonal infonnation ("Personal lnlonnation"), atrd lo whom it is discloseif, -will form the basis for a r6latiomhiri of nuk benveen us and the'oubllcgPl we *rye. This Privacy Statement provides that qxplanation_. We reserve thl right to change this Privacy' Statement trom time to tinie consistent with applicable privacy laws. In the coursc of our budness, wc may collect Personat Information about you from thc following murccs: * From applications o-r other-forms-we rqceive from you or your authorized rrprese ative;' !rcm your transaclions with, or from the services 6eing p6rformed by, us, o'ur affiliates, or others;* From bur intemet web sites:* Fro.m the Pgblic records maintained. by gove.rnmental entities that we either obtain directly from those. entities, oi tiom our alfiliates or otheisiand* from consuner or other reporting agencies. Our Pollcles Regarding the Protcctlon of thc Conftdmttattty and Sccurity of Your Pcrsonal Infonnatlon We maintain physic4l-, electronic and procedural safeguards to protect vour Personal Information from unauthorized access ot lntrasIon. We limil access t6 the Personal Iiformatioi only t6 those emoloyees who need such access in @nnection with pmvtding pmducls or seMces to you or for other l6gitimate busineis purposes. Our Policlcs and Pracliccs Regardlng the Sharing of Your Personal Informatlon We nay.share your Personal Infonqglio4 with ouq a$iliates, such as insurance companies, agents, and other real estate seruement service pmviders, We also may disclose your Personal Informatioli: + to qge4ts, brokers or representatives to provide vou with services you have requested:* te thinl-party conbactors or-seMce proiriders who pmvide servicis or perfoni marketing or otherfrnctionb of our behalf: and* to othlrs- wlth whom we enter into joint marketing agreements for products or services that we believe you may ffnd of interest. ln addition, we will dlsclose your Personal Information when you dirtct or give us Oermission, when we are reouired -by-law to do sg, or ryhen we -suspect fraudulent or criminal aclivities. We a6o mavtisclose vdur Personallntormalion when otherwise Fnfui_ld by applicable privacy laws zuch as, for exainple, wheh disclosure is needed to e orce our rights arising out of any agreement, transaction or relationship with ybu. Q_!le_g! t{l-lpnortant responsibilities of somg of our qftliated companies is to record documents in the public domain. Such doormen|S may contain your Personal Information. - Right to Access Your Pcrsonal Informatlon and Ablltty to Corrcct Errors Or Requcst Changes Or Dcledon Certain states afford yqq tbe right to aocess your Personal Informadon and, under certain cirflmstances. to find outto wnom your Persoial Infgrmition has beeh disclosed. AIso, certain states alford vou the rieht to requdst !9[T!9!t -mmjPent or deletio4 of your. Persoqal. Information. We reperve the right, whe€ permitt'al by law, tocharge a reasonable lee to cover the costs incurred in responding to such requests. - {l-leguests submitted to lhe Fid€lity-Na$-o-nal Fina4cial Group of CompanieVChicago Title Irstrance Companysldl be in uniting, ard delivered to"the following tddress Privacy Comoliance Officer fltff.ffttf Fuinancial, Inc' Santa Barbara, CA 93ff0 Muldple Products or Servlces [ ry plo$de yo.u with more than one financial. product or service, you may receive more than one privacy noticelrcm us. we apologize for any inconvenienss lhis may cause you. - - FtEn PRw. PCL,C{I THIS ITEM MAY AFFECTYOUR PROPERTY PUBLIC NOTICE NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on , January 10, 2005, at 2:00 pm in the Town of Vail Municipal Building, in consideration of: $d.t4d \1,\14 A request for review of a minor subdivision, pursuant to Chapter 13-4, Minor Subdivisions, Vail Town Code, to allow for a resubdivision of Lot P3, Block 5A, Vail Village Village Fifth Filing to create parcels Tract A, Tract B, Lot 1 and Lot 2, located at 375 Hanson Ranch Road/Lot P3, Block 5A, Vail Village Filing 5, and setting forth detail in regard thereto.Applicant Vail Associates Holdings Limited, represented by Braun Associates, Inc.Planner: George Ruther A request for revision to a final plat, pursuant to Section 13-12, Exemption Plat Review Procedures, Vail Town Code, to amend a plat restriction to allow for additional gross residential floor area, located at 1094 Riva Glen/Lot 4, Spraddle Creek Estates, and setting forth details in regard thereto. Applicant W&B Development, LLC, represented by Tim Losa, Zehren and Associates, Inc.Planner: Matt Gennett The applications and information about the proposals are availabb for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing lmpaired, for information. Published December 24,2004, in the Vail Daily. TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission Community Development Department January 10,2005 A request for a review of a minbr subdivision, pursuant to Chapter 13-4, Minor Subdivisions, Vail Town Code, to allow for a resubdivision of Lot P3. Block 5A, Vail Village Village Fifth Filing to create Tract A, Tract B, Lot 1 and Lot 2, located at 375 Hanson Ranch Road/Lot P3, Block 5A, Vail Village Filing 5, and setting forth detail in regard thereto. Applicant: Vail Associates Holdings Limited, represented by Braun Associates, Inc.Planner: George Ruther il. SUMMARY The applicant, Vail Associates Holdings Limited, represented by Braun Associates, Inc., is requesting a final review of a minor subdivision application to create the "Parkinq Three Dimensional Subdivision. Vail Villaqe Fifth Filins. a three dimensional resubdivision of Lot P-3 and a oortion of Hanson Ranch Road rioht-of-wav. Vail Villaqe Fifth Filinq. Town of Vail. CounW of Eaqle. State of Colorado". Asa resultof thesubdivision, TractsA&Band Lots 1&2will be created. Staff is recommending approval of the applicant's development review application with the conditions as listed in Section Vlof this memorandum. DESCRIPTION OF REQUEST The applicant, Vail Associates Holdings Limited, represented by Braun Associates, Inc., is requesting final review of a minor subdivision application to create the "Parkinq Three Dimensional Subdivision. Vail Villaqe Fifth Filinq. a three dimensional resubdivision of Lot P-3 and a portion of Hanson Ranch Road riqht-of-wav. Vail Villaoe Fifth Filinq. Town of Vail. Countv of Eaqle. State of Colorado". Asa resultof thesubdivision, TractsA& Band Lots 1&2will be created. The purpose of the final plat is to resubdivide Lot P-3 and the pertinent subterranean portion of right-of-way beneath Hanson Ranch Road into four parcels: Tract A, Tract B, Lot 1, and Lot 2. Tract A, Lot 1 and Lot 2 are resubdivided in a three dimensional manner using both horizontal and vertical boundaries as shown on Sheets 2 and 3 of the reduced drawings. Tract B has only conventional horizontal boundaries. lt should be noted, that those portions of Hanson Ranch Road not contained within the horizontal and vertical boundaries of Lot 1 as shown on the boundary details on Sheet 3 are not part of the final plat and remain in full force and effect as Hanson Ranch Road (right-of-way). Once completed this final subdivision plat will allow for the transference of property as contemplated in the approvals of I lt. two conditional use permits allowing a public park and a private parking structure on the site. BACKGROUND On February 3,2004, the Vail Town Council approved the final plat creating Lot P-3, Vail Village Fifth Filing. The purpose of the plat was to resubdivide the original Lot P- 3, a portion of Lot j, a portion of Gore Creek Drive right-of-way, that certain right-of- way lying between the original Lot P-3 and Lot j to create therefrom Lot P-3 and the Chute Road as shown on the final plat. The creation of Lot P-3 is intended to facilitate the construction of Founder's Park, a new neighborhood park in VailVillage, and the Founder's Park Parking Structure, a 115 space underground, private parking structure. SURROUNDING LAND USES ANDZONINGtv. North: South: East: West: Land Use Residential Residential/Lodging Residential Mixed Use Zonino High Density Multiple Family SDD No. 28 (Christiania Lodge) High Density Multiple Family Commercial Core I V.CRITERIAAND FINDINGS Chapter 4, Minor Subdivision, Title 13 Subdivision Regulations, of the Vail Town Code prescribe the review criteria for a request for a minor subdivision. Pursuant to Section 13-4-2, Procedure, Vail Town Code, the criteria for reviewing the final plat shaff be as contained in Section 13-4-2 of the Subdivision Regulations. According to Section 13-4-2C, Review And Action On Plat, "The Planning and Environmental Commission shall review the plat and assocrbfed materials and shall approve, approve with modifications or disapprove the plat within twenty one (21) days of the first public hearing on the minor subdivision or the minor subdivision will be deemed approved. A longer time period for rendering a decision may be granted subiect to mutual agreement between the Planning and Environmental Commission and subdivider". The purpose of the proposed minor subdivision is to create Tracts A & B and Lots 1 & 2 which shall permit the transference of properties as contemplated in the approvals of two conditional use permits allowing a public park and a private parking structure on the site. Staff has reviewed the application for a minor subdivision to Tracts A & B and Lots 1 & 2. Upon review of the proposed final plat, staff finds that the proposal complies with the criteria prescribed for a minor subdivision application. A reduced copy of the proposed final plat for the Parking Three Dimensional Subdivision, Vail Village Fifth Filing, a three dimensional resubdivision of Lot P-3 and a portion of Hanson Ranch Road right-of-way, Vail Village Fifth Filing' has been attached for reference (Attachment B). vt.STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approves the minor subdivision, pursuant to Chapter 3, Title 13, Subdivision Regulations, Vail Town Code, to allow for a minor subdivision to create the Parking Three Dimensional Subdivision, Vail Village Fifth Filing, a three dimensional resubdivision of Lot P-3 and a portion of Hanson Ranch Road right-of- way, Vail Village Fifth Filing. Staffs recommendation is based upon the review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented, subject to the following findings: "Upon review'of the request for a minor subdivision to create the Parking Three Dimensional Subdivision, Vail Village Fitth Filing, a three dimensional resubdivision of Lot P-3 and a portion of Hanson Ranch Road right-of-way, Vail Village Fifth Filing, Town of Vail, County of Eagle, Sfafe of Colorado the Planning and Environmental Commission finds that the request complies with subdivision regulations and standards as adopted by the Town of Vail" Should the Planning and Environmental Commission choose to approve the minor subdivision application, staff recommends that the following conditions be placed upon the approval: 1. That the applicant makes the corrections to the plat, as identified in the memorandum to George Ruther from Tom Kassmel dated January 5, 2005, regarding the review of the Lot P-3 Final Plat, within 14 days of this approval. ATTACHMENTS A. Vicinity Map B. A reduced copy of the proposed subdivision final plat vil. Review Comments To: George Ruther From: Tom Kassmel Re: Final Plat for Iot P-3 Date: 1/05/05 After review of the Final plat dated l2l9/04 for lot P-3 we offer the following comments to be completed before plotting to mylar and recording: L Correct the cfidinal direction ofthe bearing in the Upper Surface Boundary description for 1,4 (136 line down from top of USB description) 'W' should be 'E'.2. The Section Detail I for lot 2 can be confusing with respect to elevatior I assume the elevation shown '8189.8' is an interpolated value along the 3-dinendional lot line at the exact location of the section However at fint glance it may be interpreted as the lowest elevation boundary for the entire lot, thus conflicting with the Lot 2 Boundary Detail. I would suggest either of the following: a. Add elevations to the Lot 2 Boundary Detail at locations ofthe sections and add a corresponding section line for both sections on the Detail. b. OR instead ofcalling out a particular elevation on the section, note it as, "Lot 2(Tract A) at and above(below) elevations as shown on the Lot 2 boundary Detail." The above comments may be completed prior to plotting on mylar. Another review will not be necessary. E 6; g:5 a:; E 8! 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SIe ETqEE -l\F-ts -a Frts $FR=HP s -n,n'"y=1436 E _ +-:-4z 'i'!iii M It-' ! i-r; !i3i!iioi ;'!E I , I t F q c-l r.tl I)-l il IQl r.arb, l -l QI It*l {t *t Fti t r\ \ U) t I '3': B * li [!li3; E i I I EI/nl 1 ovou HaNva NosNvH *e?i : rrc >illuc luc9 .h ti lr -T I I I I I I n? gt i: ii! .-l HI \1 el Ial i e!l!l Frlql I/T\Ltf - - -------.---,r - - iii*;+- !. t_.ct\,' ovor 3tnHJ \ll :<lnlrr:l .i <! =l i\i I al I-l F- :i fi? Jdi l I I I I I I I $ =: r-jQ\E FFFr Fil\k\^-qEOR 3;qisr.s:H. s() >Q*l( r.J \i A{- r<-i s..H.R:T =Hsilds AL= :F Bibr; I:r r=R=FixS E EisSd-"FarPF i$s;t - l\$.fi \oF=(!SE=UFqd{ '^ TOWN COUNCIL AGENDA REQUEST (Request form must be given to the Secretary to the Town Manager by 4:00 p.m. Wednesdavs.) MEETING DATE: Februarv 17.2004 (Prepare a separate Agenda Request for each agenda item. lf the agenda item will be discussed al both a Work Session and an Evening Meeting, be cerlain to check both boxes in this section and indicale time needed during each meeting.) Work Session TIME NEEDED : Evening Meeting TIME NEEDED : 10 minules SiIe Visit TIME NEEDED: WILL THERE BE A PRESENTATION ON THIS AGENDA ITEM BY NON.TOV STAFF? _x_ NO. YES. Specifics: WILL THE PRESENTATION OF THIS AGENDA ]TEM REOUIRE ANY SPECIAL EQUIPMENT, i.e. overhead projector, etc.? _x_ NO. YES. Specifics: WILL THERE BE MATERIAL TO BE INCLUDED IN COUNCIL PACKET FOR THIS ITEM? NO. _X_ YES. lf yes, is the material also for oublic distribution? _x_ Yes. - No. ITEM/TOPIC: Resolution No. 1 0, Series of 2004, a resolution authorizing the Town Manager to sign a bargain and sale deed, for good and valuable consideration, in hand paid or received, to hereby sell and convey a certain vacated potion of platted right-of-way between Lots P-3and J, Block 5-A, Vail Village, Fifth Filing, and a contiguous portion of Gore Creek Drive, that is described on Exhibit A attached herelo and made part hereof, with all its appurtenances, to Vail Associales Holdings, LTD., a Colorado corporation, and setting forth details in regard thereto. ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Resolution No. 10, Series ot 2004. BACKGROUND RATIONALE: On February 3, 2004, the Vail Town Council approved Ordinance No. 3, Series ot 2004, an ordinance vacating that platted public right-of-waybetween Lots P-3 & j, Block5-A, VailVillage, Fifth Filing, and a contiguous portion of Gore Creek Drive; and setting forth details in regard thereto. Upon approval of Ordinance No. 3, Series of 2004, the next step in the conveyance process is to now execute the bargain and sale deed of the vacated right-of-way and record the final plat at the Oflice of the Eagle County Clerk & Recorder. George Ruther, Community Development DRAFT RESOLUTION NO.10 Series ol 2OO4 A RESOLUTION AUTHORIZING THE TOWN MANAGER TO SIGN A BARGAIN AND SALE DEED, FOR GOOD AND VALUABLE CONSIDERATION, IN HAND PAID OR RECEIVED, TO HEREBY SELL AND CONVEY A CERTAIN VACATED POTION OF PLATTED RIGHT.OF.WAY BETWEEN LOTS P.3AND J, BLOCK $A, VAIL VILLAGE, FIFTH FILING, AND A CONTIGUOUS PORTION OF GORE CREEK DRIVE, THAT IS DESCRIBED ON EXHIBIT A ATTACHED HERETO AND MADE PART HEREOF, WITH ALL ITS APPURTENANCES, TO VAIL ASSOCIATES HOLDINGS, LTD., A COLORADO CORPORATION, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Director of Public Works and the Planning and Environmental Commission have found and determined that the public use, convenience and necessity no longer require within its system of public ways that certain public right-of-way legally described in Exhibit A attached hereto; and WHEREAS, in place of the vacated right-of-way a final plat has been approved to public dedicate the right-of-way for the Chule Road; and WHEREAS, the Town Council of the Town of Vailfinds that the adoption of Resolution No. 10, Series of 2004, is in lhe best interesl of the Town of Vail and its citizenry. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: Section 1. The Vail Town Council hereby authorizes the Town Manager to sign a bargain and sale deed, for good and valuable consideration, in hand paid or received, to hereby sell and @nvey a certain vacated potion of platted right-of-way between Lots P-3and J, Block 5-A, Vail Village, Fifth Filing, and a contiguous portion of Gore Creek Drive, that is described on Exhibit A attached hereto and made part hereof, with all its appurtenances, lo Vail Associates Holdings, LTD., a Colorado corporation. Section 2. lf any section, paragraph, clause or provision ol this resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such seclion, paragraph, clause or provision shall in no manner affect any remaining provisions of this resolution, the intent being that the same are severable. Section 3. All resolutions or parts of resolutions inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any resolution or part of any resolution heretofore repealed. 200d,. INTRODUCED, READ, APPROVED AND ADOPTED this 17'h day of February, Rodney Slifer, Mayor, Town of Vail ATTEST: Lorelei Donaldson, Town Clerk, Town of Vail BARGAIN A}[D SALE DEED [StatutoryForm - C.R.S. $ 38-30-l l5] TOWN OF VAIL, a municipal corporation duly organized and existing under and by virnre of the laws of Colorado ("Grantor"), whose street address is 75 South Frontage Road West, Vail, Colorado 81657, for good and valuable consideration, in hand paid or received, hereby sells and conveys to VAIL ASSOCIATES HOLDINGS, LTD., a Colorado corporation, whose street address is c/o Vail Resorts Development Company, P.O. Box 959,137 Benchmark Road, Avon, Colorado 81620, the real property in the County of Eagle and State of Colorado that is described on Exhibit A attached hereto and made a part hereof, with all its appurtenances. Sisned this dav of 2004. TOWN OF VAIL, a municipal corporation duly organized and existing under and by virtue ofthe laws of the State of Colorado ATTEST: Lorelei Donaldson, Town Clerk Name: Title: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2004, by of the Town of Vail, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Colorado. Witness my hand and official seal. My commission expires: By: ) ) ss: ) 608895.3 RCFISH Notarv Public EXIIIBIT A LEGAL DESCRIPTION Parcel Description: A Parcel of land located in Vail Village Fifth Filing per the recorded Plat thereof, as recorded November 12, 1965 at File No. 102538 in the Offices of the Clerk and Recorder, County of Eagle, State of Colorado, being more particularly described as follows: Commencing at a point on the Northerly Right-of-way line of Hanson Ranch Road as shown on said Plat of Vail Village Fifth Filing, said point also being the common lot comer of Lots j and k of said Vail Village Fifth Filing, thence along said Right-of-Way S 70"35'41" W a distance of 35.00 feet; forming the Basis of Bearing for this Description; thence 52.65 feet along an Arc of a curve to the right having a Central Angle of 25"06'04", a Radius of 120.17 feet, a Chord which bears S 83o08'43" W a distance of 52.23 feet; thence continuing along said Northerly Right-of- Way 65.44 feet along an Arc of a curve to the right having a Central Angle of 3loll'56", a Radius of 120.17 feet, a Chord which bears N 68o42'17" W a distance of 64.63 feet to the True Point of Beginning; thence N 53o06'19" W a distance of 91.00 feet; thence 12.88 feet along the Arc of curve to the left, having a Central Angle of 06"15'21", a Radius of I 17.98 feet, a Chord which bears N 56o13'59" W a distance of 12.88 feet; thence departing said Northerly Right-of- way 28.07 feet along an Arc of a Curve to the left having a Central Angle of 107"12'33" a Radius of 15.00 feet, a Chord which bears N 67"02'04" E a distance of 24.15 feet to a point of Reverse Curvature; thence 42.56 feet along an Arc of a curve to the right having a Central Angle of 24"23'12", a Radius of 100.00 fe€t, a Chord which bears N 21"44'44" E a distance of 42.24 feet to a point of Reverse Curvature; thence 29 .43 feet along an Arc of a curve to the left having a Central Angle of 112"24'06", a Radius of 15.00 feet, a Chord which bears N 19"11'25" W a distance of 24.93 feet to a point on the Northerly Righrof-Way of said Gore Creek Drive; thence S 75"51'23" E a distance of85.32 feet; thence S 82o31'10" E a distance of 11.87 feet; thence S 45"23'24" E a distance of 3.78 feet; thence 3.93 feet along an Arc of a Curve to the right having a Central Angle of 0lo14'40", a Radius of 180.77 feet, a Chord which bears N 85o32'51" W a distance of 3.93 feet to a point of Compound Curvature; thence 153.73 feet along an Arc of curye to the left, having a Central Angle of 146"48'10", a Radius of 60.00 feet, a Chord which bears S 21"46'02" W a distance of 115.00 feet, to a point ofCompound Curvature; thence 3.99 feet along an Arc of a curve to the left, having a Central Angle of 01"5 4'09'n, a Radius of 120.17 feet, a Chord which bears S 52"09'14" E a distance of 3.99 to the True Point of Beginning, said Parcel containing 0.104 acres more or less. TOGETHER WITH any other pre-existing public right-of-way, as previously dedicated or established, that lies within Lot P-3, according to the plat entitled "Lot P-3, Vail Village Fifth Filing," which plat constitutes a resubdivision of certain portions of Vail Village Fifth Filing referenced above and has been recorded on 2004, at Reception No.immediately following the recordation of this Bargain and Sale Deed. A-l508895.3 RCFISH r, \'L,.n * ?arno'u1 -laaL- ORDINANCE NO.3 tf e" /lppno,.r* l5t zbto 1'O SERIES OF 2OO4 Qa'"j'1 1.o AN ORDINANCE VACATING THAT PLATTED PUBLIC RIGHT.OF.WAY BETWEEN LOTS P. 3 & J, BLOCK 5.A, VAIL VILLAGE, FIFTH FILING, AND A CONTIGUOUS PORTION OF GOBE CREEK DRIVE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, acting through its applicable departments and agencies, including the Director of Public Works and the Planning and Environmental Commission, have found and determined thal the public use, convenience and necessity no longer require within its system of public ways that certain public right-of-way legally described on Exhibil A attached hereto and incorporated herein by this reference (the "Vacated Way"), which Vacated Way is constituted by that certain public street platted between Lots P-3 and j, Block 5-A, Vail Village, Fifth Filing, according to the recorded subdivision plat for Vail Village, Fifth Filing (recorded November12, 1965, at Map Book1, Page 44,File No. 102538), anda contiguous portion of Gore Creek Drive; specifically the Planning and Environmental Commission, prior to the adoption of this ordinance, has adopled and approved a final subdivision plat for a resubdivision of said LotP-3, a portion of said Lotj, and the Vacaled Way (the "Replat"), under which the Vacated Way is incorporaled as part of the new Lot P-3, Vail Village, Fifth Filing established by the Replat;and WHEREAS, in substitution of the Vacated Way (which has never been actually used as a public street), lhe Replat has publicly dedicated the right-of-way of the Chute Road; and WHEREAS, the Town Council of the Town of Vail, lo complement and give effect to the intended vacation of the Vacated Way under the Replat, has determined to eslablish, adopt and confirm such vacation by this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO as lollows: Seclion 'l . The Vacated Way, as legally described on Exhibit A attached hereto, is hereby vacated by the Town of Vail, and no longer constitutes part of the system of public ways of the Town of Vail. Section 2. In accordance with the laws of the Stale of Colorado, title lo and ownership of the Vacated Way shall vest in Vail Associates Holdings, Ltd., a Colorado corporation ("Vail Holdings"), which is the owner of the real properties abutting the Vacaled Way. By way of confirmation of and without limiting the effect of the foregoing, the Town of Vail shall proceed to execute and deliver to Vail Holdings a bargain and sale deed for recordation that conveys the Vacated Way to Vail Holdings. Section 3. Ordinance No. 3, Series of 2004, shall become effective upon the recording of the "FinalPlat Lot P-3, VailVillage Fifth Filing 604206.RED RCFISH Ottl9t04 3:42PM b :... ' r''-:'' A resubdivisio#af foii bs md part of Lot j, Btock 5-A, a portion of Gore Cred{Drive right-of- way and tlnt rignf.ofr61 hetween Lots P-3-and j, Vail Village Fifth Filing, Town of Vail, County' of Eagle, State of Colorado" at the Office of the Eagle County Clerk and Recorder. Section 4. lf any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed lhis ordinance, and each part, section, subsection, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subseclions, clauses or phrases be declared invalid. Section 5. The Town Council hereby finds, determines and declares lhat this ordinance is necessary and proper lor the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall nol be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE lN FULL ON FIRST READING this 20'n day of January, 2004, and a public hearing for second reading of this Ordinance set for lhe 3'o day of February, 2004, in lhe Council Chambers of the Vail Municipal Building, Vail, Colorado. Rod Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED AND ORDERED PUBLISHED this 3'o day of February, 2004. ATTEST: Lorelei Donaldson, Town Clerk ON SECOND READING 604206.RED RCFtSlt 0r.r9104 I42 PM Rod Slifer,Mayor v EXHIBIT A Legal Description of Vacated Way Parcel Description: A Parcel of land located in Vail Village Fifth Filing per the recorded Plat thereof, as recorded November 12, 1965 at Reception No. 102538 in the Of{ices of the Clerk and Recorder, County of Eagle, State of Colorado, being more particularly described as follows: Commencing at a point on the Northerly Right-of-way line of Hanson Ranch Road as shown on said Plat of Vail Village Fifth Filing, said point also being the common lot comer of Lots j and k of said Vail Village Fifth Filing, thence along said Right-of-Way S 70"35'41" W a distance of 35.00 feet; forming the Basis of Bearing for this Description; thence 52.65 feet along an Arc of a curve to the right having a Central Angle of 25o06'04", a Radius of 120.17 feet, a Chord which bears S 83'08'43" W a distance of 52.23 feet; thence continuing along said Northerly Right-of- Way 65.44 feet along an Arc of a curve to the right having a Central Angle of 3loll'56", a Radius of 120.17 feet, a Chord which bears N 68o42'17" W a distance of 64.63 feet to the True Point of Beginning; thence N 53'06'19" W a distance of 91.00 feet; thence 12.88 feet along the Arc of curve to the left, having a Central Angle of 06o 15'21", a Radius of I 17.98 feet, a Chord which bears N 56'13'59" W a distance of 12.88 feet; thence departing said Northerly Right-of- way 28.07 feet along an Arc of a Curve to the left having a Central Angle of 107"12'33" a Radius of 15.00 feet, a Chord which bears N 67o02'04" E a distance of 24.15 feet to a point of Reverse Curvature; thence 42.56 feet along an Arc of a curve to the right having a Central Angle of 24"23'72", a Radius of 100.00 feet, a Chord which bears N 21"44'44" E a distance of 42.24 feet to a point of Reverse Curvature; thence 29.43 feet along an Arc of a curve to the left having a Central Angle of 772"24'06, a Radius of 15.00 feet, a Chord which bears N 19"11'25" W a distance of 24.93 feet to a point on the Northerly fught-of-Way of said Gore Creek Drive; thence S 75o51'23" 8 a distance of85.32 feet; thence S 82o31'10" E a distance of 11.87 feet; thence S 45"23'24 8 a distance of 3.78 feet; thence 3.93 feet along an Arc of a Curve to the right having a Central Angle of 01o14'40", a Radius of 180.77 feet, a Chord which bears N 85o32'51" W a distance of 3.93 feet to a point of Compound Curvature; thence 153.73 feet along an Arc of curve to the left, having a Central Angle of 146"48'10", a Radius of 60.00 feet, a Chord which bears S 21"46'U" W a distance of I15.00 feet, to a point of Compound Curvafure; thence 3.99 feet along an Arc of a curve to the left, having a Central Angle of 0l'5 4'09" , a Radius of 120.17 feet, a Chord which bears S 52o09'14" E a distance of 3.99 to the True Point of Beginning, said Parcel containing 0.104 acres mere or less. TOGETHER WITH any other pre-existing public right-of-way, as previously dedicated or established, which lies within Lot P-3 as platted and established by the Replat. 604206.RED RCFTSH 0r re 04 I 4: PM I n,qymR.AUIN ASSoCIIATIES" IINC. PIANNING and CO14MUNITY DEVELOPI4ENT January 7,2004 Mr. George Ruther Department of Community Development Town of Vail 75 S. Frontage Road Vail, CO 81657 Re: Final Plat/Lot P-3 Dear George: Enclosed you will find three (3) copies of the frnal plat for Lot P-3 (formerly known as P3&J). As you know, Matt Mire and Bob Fisher are working on an ordinance that will vacate portions of rights-of-way ground this lot. This ordinance is scheduled to be considered by the Town Council on January 20'. It is my understanding that the plat needs to be considered concunently with this ordinance. I want to point out one very slight change that was made to the final plat. The east line of the new Chute Road right-of-way on the previously approved preliminary plat was set a uniform 40' from the east line of the Mill Creek Court Condominiums. The approved development plan for P-3 includes improvements (curb, gutter and a sliver of the park) that would be located on the town right-of-way. In order to eliminate this "encroachment", we have modified the eastern line of the Chute Road right-of-way so it follows the inside edge of the curb line. In the event this written explanation is less than clear, I have attached an exhibit that depicts the previously approved right-of-way line, the new right-of-way line and approved improvements. Please do not hesitate to contact me with any questions you may have. Thank you again for your ongoing assistance with these projects. Sincerely, l,P-\ - l'. - i'*... _:,,//1 Thomas A. Braun, AICP Cc: Jack Hunn Jay Peterson Bob Fisher Edwards Village Center Suite C-209 0105 Edwards Village Boulevard Pod Off ce Box 2558 Edwards, Colorado 8 1 532 Ph. - 970.976.7575 Fax - 970.926.757 6 www.D raunassoctares.com g2laslzgg4 14:13 3036946667 UYALKER rArKtNc cpNgJtTAhrIS WALKER PARKING DEMiR PTOJECT UNDEIS'ANDING This slructure is opproximoldy 20 yeon old ond consi:tc of three levels of porlcing br obour lr2o0 vehicles. The sruclsrc ic bur boys widr, wifi o lightwall in the ecnlor. Tho oouth hro boyr ore offret in elerrstlon by opproximobly 5 foat from the norfh Mo boys. Floors ore flot, withl.- .irtP roop,r providing cirtulofion beh'r,ecn thr rplit lcvelr. Accosr io ihc goroge is lrom ilre mst on lhe hcp ffoor or the infermediote floor. Egress is on thr irp level to lhe eqsl, lhs sfuclurol ryslom conristr o[ prarnsl concrcte columns, wolls, beqms, ond longlspsn doubla tce flgar mcmbers. Dirccbr ef Publie Workr ond Trensperteflen Town of Voil 1309 Fllthorn Drivn Voif, CO 81657 Re: Proposolfor.Profccsionolserv,ces Lionshed Porking Focili,y Vall, Colorodo Coda Analyslt ond C-ondlilon Appntsol Dcor Grcg: Per.lolr requesl, Wolker Porking Consulrcnr is plecsed trc submii thistfioposol ftr o code onolyoio qnd condftlon opproircl of the l,ionrhcod Po*ing Focifiry in Vaif,' Cobrodo, Tho obieclive o[ our sEruiccs will bc b provide o rerrierr o[ cods rgloted igu6 if fio decision is mcdc Severol concsrns were nobd during o wolk{hrough of thc hcility, rony oiihm wobrproofing rehled. Doublc tsc ioinfs leok duc to fuiled ieolont. Additr'onol l"oking occuru ol fqilei gxponsion.jolnts. Deleriorotrbn hos occured in hq pgryp9J wolls, ond q ndgleop flerhing hor tJY t- wA"rEl PAfl $lc coftsutTtltTs sllu s, h|F'srplsuf ??9 Gl:ertwod VIlogr, CO 801 | f Fcbruory 2,2004 been : g2lg3l2A64 14:13 3036945657 h,AI,KER PARKING DENVR PAGE 93.IAE Bosed upon our discussion, ir is our understonding fior our obiectives will be b: r Evoluole whot coda issucs will need lrc be oddressed if fhe goroge is expondad os opposod to [ust resloring he existing gorqg6. ' Evoluob fie locotion ond exlent o[ opporenl debriorqfion in ihe porking struclurs. . Assesc the impoct of rhe Cehricrotio4 on lqng+erm dvrebilify end terviEp lih cf the fuellty, r Rscommcnd noccssory correclive meosures. o Evoluob proboblc cost of shclurol repoirs,/moinlenonce. l. Mecl wilh rcprcscnhtivcs of fie Town of Voil to rcvlew poicci obJectivrl ond to goln on undcrsrndlng of thc hlstory of thc prolect subsequanf b ils orlglnol constructlon, lrrctudlng chonger or qddifions to the focility ond ony previous moinlenonce, repoirr, or evoluqtionr. 2' Rcvicw ovoilqblc condnion opproisol raporb, conclruclion documenF lncluding plcns, specificotlons, r,rnd. repoir rJlr.rwings ftrr tlrc.erislirrg_shuclurc l<r bc,uorrrr, lollriliql wirhihc rype of conshuction ond prolccllon oyrbms Inltiolly spccified ond previour repoir progroms, 3. Perform o visuol observotion o[ rhe shucturol s]6hm docgmenting !ype, locolionr, g[d m_ognihrda of concrale drtcriorollon obrarucd. In oddition. o choin diog'Jetminotion iurvsy of rhetrd Ereos wlll be perbrmed, lteml thol will be ossessd ore: o. Floor slob rurhcc condilion, exposed reinforcemenl, ond finish vqriqtions.b. Crocking of slobs. : 4. 5. Evqluob ony ilenrs irr nesd of immediop cerreslive qqticn fcr the lsfety ef perking heiliry pqlrons. Coordinole concrate lesls it determine ]he ochol physicol qnd chemicol propcrlicr of tha in- ploee concreln. A bsting plon will be formulobd ond thc bllowing tcsts wilt bc congidered: A216312684 14:13s --. .. 3836946667 u,ALKER ATTNG CONSUTTANIS WAI-KER PART<I].IG DENVR PAGE g4I8S /Vtr. Greg Holl Febrrnry 2,2@4 Poga 3 o. Petrogrophic [microscopict exominotion of firec (3f core somples ]o ossess the gcnerol concrete quolily, inelvding erlhoined olr porometerf, fhp,tdglDgH ity.Uj b gqugs hc rclqfiya durobliryof thl inploccconcrele. (l fromeochilfiAl:- --.- . b. c. Compresrlve slrenglh of firee l3f core sompfes. ll from aoch lavclf Chloride onolysis of pulverlzed csncrele pewder somples tqken frcm selecled locotlonr fo detsmlne rhe extent end Cffttt ff ch195149 fStFrnlnslien" ef-jlf.gfunE-hnillg, incremenhl dephs - 6 somples c, ShcEr bond tesr of coro eomplcs removed from rclcclad orens onfy if rlabondlng ef the concrel€ lrcpping horn the subsFotc ir ruspecbd os q resull of fic choin drog survey. 6. Parform o visuol exominoHon of other building eomponenls including the droinoga syslam, exposed electricql conduil, light ftxturcs, ond fucode. 7. Compile ond raview oll fteld ond mobriqb leel doto lo ossess the proboble couses ond cftch of tha documcnpd debrloroflon on fto slruclure. L Evoluotc ond prerent gencrol rcsforqllon shcmolivoo ond prloriticr, ond includr proboblo cosb for the repoirs/moinlenqnce. - 9. Propolc o wrillen report indicoling ftndingr, slbrnolivel. rccommcndqtionr, priorilics ol repo irs/rnointano ncc cnd ossocioted conslruclion cosls. l. Meet wllh represenlotives of ihe Town of Vqil tp review potenliol cxponsion, chong:s, cnd/or upgrodes belng consldcred lo thr gctrogc ond ths surroundinE rib. 2. Dcfcrminc thc opplicoblo building codc Aof will b in ofbct if the gorogc is expcnrled (lBC 2003 or UBC l99zl. 3- Evoluob which chonges would higger he nced b oddrcss new code requirrmenls for the' goroge. d. Evoluob which code requircmenh would need to bE oddressed. Furnish o preliminory esfimqte of probobty cosk'for fie upgrodes thot would !9 reguired, 5. Prepore ond isruc q leller reporl indicoling findings ond recommendoflons. g weeks ef|er the stert cf fies"be irurC A2lg3l2AA4 14:13 3836945667 Torting Expcnses r Concrela Coring/Excorolion r * Othcr Expenrcr Totrl I.,ALXER PIAFKIIS DEIWR $/,000.0o $t,000.00 s2.OOO.OO $7,000.00 PAGE gslag' til; y"u.#l#ffia We proporc lo perbrm lhe Condition Approisol work described obwe br o lump sum hs of $13,500-00 lThirben Thousond Five Hundred Dollorsf plus reimbursoble expenses. Terms ond condltlons wlll be in occordonce with the onoched WATKER Generol Conditions of Agreement for Consuhing Services. Duo to fie uncerfointy of fie qmounl of effoil required br the Code Anolysis, we suggerl you conFqcl for our sorvicoo for lhic componcnl on on hourly ho pluc rcimbursoble cxpons.s bosis in occordonce with he oftrched Generol Condiilons of Agrccmenf lor Consulling Seruices ond'Porking Consulling Billing Rotas, We suggosl cstoblirhing on inifiql budget of $4,000 br our fues ond expense! br fhe Codo Anolysis. We will givr yeu reguhr reFqrh cf fie stoful.of pvr occounf, ond wc will not exceed this budget without your prior opprwol, ' Concrele lests by on independrnt lesling lob.t* Core somples ond cquipmanl cxlrocfed and/q provided by o locol controchr. i[ you desiru, oftcr thc condition opproisol ond report org complebd, w9 would be hoppy lo proride plons, defolls, ond wriltcn technicol speciftcoilons needed h lrnplprnepl fte recommended repoirs,/moinlenonca. Dcpending upon fhe scope of wo* required, we con provide you o proposol ot fiot tima to provido ftose ssryieoE, SCHtDtrU €slt WALKEIr-- nnrlMtCO}GtlIANrS - fvt. Greg t-toll Fcbruory 2,2Cf,4 Fuga 5 Town of Vqil. Pleose coll us if you hove onyWc look forword hr working ogoin queslions. 'sinceroly,' WATKER PARKING CONSUI.TANTS fu,tzzn Erik P. Thorp Doncld R. Menshsn, P, Enclorure: GenerclConditions of Agrocmcnl for Consuhing Scrviccr Porking Consulting Billing Roles AUTHORIZAtrON Inrsling rhat thr hrcgoing mmfr with your opprovol, plcosc sign ond rcturn one copy renifotng )rour occsplonce ond outhorizing us frr proccrd. TOUUN OF VAI1 Accepbd by: with thc M:VROPOSAI\CMPLTPRO\RESTRAIN\CNDTAPRS\PRICNI\UonIhcod - Voit Po*116 Fociltry.doc g2lg3/2AA4 14:13 Ir- rr a 3036946567 OENERAI CONDITIONS OF ACNEEMENI WALKER PARKING DEJ.IVR PAGE ATIAS rntALKER IANIING EONSJIUTNs sEivtctt lvolkgr Porking Consullonts,/Engincers, timit€d to the wo* dercribed in fie ok IWAIKERI will.prwide the CUENT profeglloncl gorvlcps lhor org PAYI'IENI ?OR SERVICES Prior lo commenc€ment o[ servlces lhe CLIENT ogrees to moke cn Inilol Poyment to WATKER In on omounlequol to.20% of he rorol lee or os stored in rh"e olocheJbil=;. ffi"d;;;ii6;'ffi# il rdl;iinrrcicelsl senf lo lhe CUENT, WALKER will submlt monfily-lnvolces borcd on- work completed plus reimbr.rrsobb exp€nscs. Rcimbursobler" expenses will.be billcd ol l.l5 hmes fie cost of hs,,€l "rjivlrl &p;ilil;i*"'li".r"f oiipecro1zed S-ulpJ:'t nfgtooiophs ond renderinss, docurnenr reproducrioi,6$"d;'fi;;Fd ;il: ipni arrron.,lelephone ond locsimlle chorges, oddlltonol servtce consuhonb, ond orhe-r proldciiei"i.l lifiniirl r"vr"nr is due upon receipt ol invoice. lf lor ony.reoson the CLIENT.{ggllo, dellver poymenr to WAIKER withln rhirty l3Of doys of dole of invoice,the CIIENT cgncs krfoy WAIKER o monthly'ht chorjc of oio onJ on. l,if'p"L'iir1;%i';; mon6 o[ony unpold bolonce of fie invoice. Atl STANDAR,D OF CARE WALKf,R will perform tha serulces colled for in fie ofioched leller ond rhls cgreement In occordonce wirh "S,-.f,:lY T:PfH lbndordr of tho probssion, No olhor woronty. e)(pruls or'implied, is moda. -WnXfnt lloolllry |o Yy.Ery.l-_olq oll .p€rsons provfding work or moleriqls o fiis proiecl os o result of octs, errors or.. - omrsslons ol wAtKEK sholl be limited In lhe oggregole 1o $ 10,000 or our [ee, whiche,,,er is greobr. ly.Sl'tfl},or proiections qro4{e.d by WATKER will be premlsed in port upon ossumpnons provided by rhcuuENl. wAtKtR will.not independenlly lnvesllgolo the oicurocy of th6 ouumptlons. tiecouse of the inhirent T:.l1iY i.]f qlUeU vorlollon of he ossumpiions, ocruol iesulr will uol from estr:mobd or profecred resulls ond such wrtoilons moy F? molerbl, fu rugh, WALKFR rrrqhe_t rrg vwrtuttly u !i[rf gsvrlqltl,li, o*1r,9r, or implibd, os b he occurocy o[ the estimoles or proiections. PER,IOD OI SERVICE of thls proiect by otherc wiihout wnxen'iipeciiic wiinsn consenr;til be Jr crr'i-nfi'!'*fr i'jin Serv|cag thirty l30l O2l83l2gS4 14:13 .; 303694656?IIALNER PAFKII{G DEhllrR PARKINO CONSUTTING BITLINO RATES EFFECTTVE JANUARY I, 2OO4 PAGE gslaS PRINCIPAIS SENIOR PRINCIPAL PRINCIPAI. PANKTN9 CONSUITANTS SENIOR PARK]NG CONSUTTANT PARKNq CONSUTTANT SENIOR PROJECT MANAGER PROJECT'ilANAGER ASSISTANT PROJECT MANAGER DESION SENIOR ENGINEER/SEN IOR ARCHTECT. ENGINEER/ARCH]TECT DESIGNER IECHNICAL SENIOR 1ECHNICIAN 1ECHNICIAN FIELD AUDITOR $300.00 $24s.00 $2r5.00 $215.00 $l80.00 $r40,00 $175.00 $140.00 $130,00 $l13.00 $ 98,00 $ 77.00 $ sz.oo sENloR ADMTNSTRATTVE ASSTSTANT/BUS|NESS MANAGER ADMINISTRAT]VE ASSISTANT Rofes ore sublect to chonge onnuolly onJonuory l. :r - j;'. :li. .!..I i*'.l \ 3r il $ fl ;l I rl il ]l II i ti F* l;l AdF. ,--i{r ''*,fiT*r, R SEtEi TATHOI! OJ40 eaa EIIV. - arr7.7 - lf (E) lv. |{ - arsat , ,/ 12'(s) r|tv. rx - ar59.fl/ r!'(w) fiv 0(,r - !r!!,a'K\ \._ f. raeweornr PRED ELEvd *K I t i-l'-a--- I I 'r..- &ra a.Ev, \\' *coee -f*E ffiu -t Nli &r alFr. - arl3.r'Ie OF rul - 0175.6 coftcR€rf, OF NUI - II72.J+ .tr6r,0' 6r80.8l- . ar7J.0 Cr7 ,t //fl/ ,lfrltr axmxLvrals , (BLOCK 2, LOT D) (VAIL VIILAGE, FIRST FIUNG) h:.t-.-ai9? { tEi v^l!En.Aw.!a19l-A IOP of r{T - ar8{/ 3oO //,4tWOtYRIMll/V,ttzsn4 .&1/4y a{//Lo/}u LOT C, BLOCK 2 c2'ta?tr|J C/{'l/.tT///lS lOrzvE4rts rf,o, 2 Rt6i 2t6 P,ICE 702) :-Tr OF MJI - Al7O.7 E \-- '"'rittous€ t tulyaxLtlax flMSHEDFLOOR ELEV. - 8t84.0' tur trIv - !r65..yl: rc) rr- l|| - !rt+.|'!'(s)rxv.N-!1r4.d!'({) tNv. q,l - at7J,!' + "lz RrELEV,.&ta7 "'+A peRr oF Lor i lti _$* raotr"illr \ ' 1l'.5s]'...x-lr*- -\ '\ \'7a- '\