HomeMy WebLinkAboutVAIL VILLAGE FILING 1 BLOCK 5C LOT F G H I J K PLAZA LODGE PEC 1987-1988 LEGALLttMrci+t;rn //
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DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR
PLAZA BUILDING
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STATE OF COLORADO
COUNTY OF EAGTE
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KNOW ALL MEN BY THESE PRESENTS:
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THAT PtAzA LODGE ASSOCIATES, tTD., a Colorado Limited
Partnership (the "DecIarant" ) , is the owner of a11 that
certain tract of land ptatted and descri.bed as Lots: G, H,
I, J, K and part of Lot F, Block 5-C, vail village First
Filing, Town of Vai. 1, (the "Town"), Eagle County, Colorado
and the building located thereon (the "Building").
Declarant hereby declares that aII of the property de-
scribed above shalI be he1d, sold and conveyed subject to
the following restrictions, covenants and conditions, which
are for the purpose of establishing a general scheme for the
development of all of the property in the Town and for the
purpose of enhancing and protecting the value, attractive-
ness and desirability of said Property and which shaIl run
with the land and be binding on all parties having or
acquiring any right, title or interest in the proPerty or
any part thereof, and which sha11 inure to the benefit of
each owner thereof
ARTICLE I
CONSTRUCTION OF TMPROVEMENTS AND IJSE OF BLITLDING
Section 1.1 Residential Use.The current lodqe
rooms designated unitG 1ig ana I30 on the attached Exhibit A
shall be used as short term rentals for the general publi-c
when the oerners of the third floor dwelling unit (shown on
Exhibit A) are not utilizing their main dwelling unit- Both
unit 130 and 139 shall have independent access to the lodge
hallway. In the event the Building is ever condorninimized
this restriction on the use of units 130 and 139 sha1l run
with the property and witl not be affected by such change of
ownership.
Section 1.2 Additional Dwelling Unit. Declarant
intends to convert a renttY used bY
Christy Sports as an office space into the owners' main
dwelling unit. Declarant has the opti.on for a period of one
year from March I0, 1986 to relocate the kitchen from this
remodeled office space to an exi.sti.ng accomodation unit
elsewhere in the Bui Iding. The conversion of this
accommodation unit into a dwelling rrnit by virtue of the
addition of the kitchen shall not affect the use of such
unit and the unit sha11 continue to be restricted in use as
a short term rental permenantly. This restriction shall
continue to apply to this unit even if the Building is
condominirnized. The right to relocate the kitchen will be
void if the ki.tchen is not relocated by March 10, L987.
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR l of 3 Pages
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89qM-4/!o/46
The undersi.gned, being a lienholder on the propertyaffected by the foregoing covenants, conditions andrestrictions, joins in the execution of this Declaration ofCovenants, conditions and Restrictions for the pLAzA
BUILDING for the purpose of consenting to the covenants,conditions and restrictions therein contained.
Plaza LodEe Inc.
TITLE President
STATE OF TEXAS
COUNTY OF DATLAS
this Z/r/ day ofthe general partneriimited partnership,
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This Declarationtions for the PLAZA
STATE
COUNTY
OF TEXAS
OF DALLAS
of Covenants, Conditions and Restric-
BUILDING was acknowledged before me
, 1986, by CLARK S. WILLINGHAM,of Plaza Lodge Associates, Ltd., a
on behalf of said limited partnership.
(Print Name)
of Covenants,
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Thi sfor Dec 1a r at ionThe PLAZA
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DECLARATION OF
CONDITIONS AND
FOR
COVENANTS,
RESTRICTIONS
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Expi res:
UILDING waS
Conditions and Restric-
acknowledged before me
1986,
grm4iisron exprres March 9 1989
9pt-1/.t0./86
ARTICLE II
GENERAL PROVISIONS
Section 2.1 Special Improvement District. TheDeclarant shall not remonstrate against and will participatein any special improvement district when and if a specialimprovement district is formed for Vail ViIlage.
Section 2.2 Drainage and Trash. Declarant wiIl seethat all drainage from ttre euildinq is tied into theexisting storm sei^rer system. Declarant wi I1 also constructa concealed trash area and see that aIl Building tenantshandle trash on a daily basis and do not store any trashoutside of any shop on Bridge Street or Founders' plaza.
Section 2.3 parking and Deliveries. DeclarantherebyreIinquishesforevei@arking,/pick-up
- delivery space on the west side of the Bui. Idi.ng in theFounders' Plaza area.
Section 2.4 Siqnage. Declarant wilL be responsiblefor all tenants complying with all Town signage requirementsand specifically will not permit a sign to be placed in thedisplay window to be created on the east side of the newtrash room.
Section 2.5 1npreceeding four general provisions shafl be conEinuingshall run with the property and shall not be affected bychange in ownership.
Section 2.6 Amendment. This agreement may not bemodif ied without wriEtenTffioval f rom the Town.
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR
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ExEcUTED tnis ?/t* day of , 1988.
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PLAZA LODGE ASSOCIATES, LTD.
DECLARANT
ADDRESS:
13OO BRYAN TOWER
DAILAS, TEXAS 75207
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DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR
PLAZA BUILDING
STATE OF COTORADO
COT'NTY OF EAGLE
KNOW ALL MEN BY THESE PRESENTS:
THAT PTAZA LODGE ASSOCIATES, LTD., a Colorado LimitedPartnership (the "DecIarant" ) , is the owner of aI1 thatcertain tract of land platted and described as Lots: G, H,T, J, K and part of Lot F, Block 5-C, Vail Village FirstFiling, Town of Vail, (the ..Town.'), Eaqle County, Colorado
and the building located thereon (the "Building").
Declarant hereby declares that all of the property de-scribed above shaIl be he1d, sold and conveyed subject tothe following restrictions, covenants and conditions, whichare for the purpose of establishing a general scheme for thedevelopment of alt of the property in the Town and for thepurpose of enhancing and protecting the value, attractive-ness and desirability of said property and which shall runwith the land and be bindi.ng on atI parties having oracquiring any right, title or interest in the property orany part thereof, and which sharl inure to the benefit ofeach owner thereof.
ARTICLE,1
CONSTRUCTION OF IMPROVEI4ENTS AND USE OF BUILDING
Section 1, I Residqntial Use. The current lodqerooms designatea uniffin the attached Exhibit Ashall be used as short term rentals for the general public
when the owners of the third floor dwetling unit (shown onExhibit A) are not utilizing their main dwelling unit. Bothunit 130 and I39 shall have independent access to the lodgehallway. In the event the Building is ever condominimizedthis restriction on the use of uni.ts 130 and 139 shatl runwith the property and will not be affected by such change of
ownership.
Section 1.2 Addiliona1 o:ge_]_U_AS____U.ni!. Declarantintends to convert a ently used byChristy Sports as an of f ice space into the or\rners' maindwelling unit. Declarant has the optlon for a period of oneyear from March 10, 1986 to relocate the kitchen from thisremodeled office space to an existing accomodatlon uniteLsewhere in the Building. The conversion of thisaccornmodation unit into a dwelling unit by virtue of theaddi.tion of the kitchen sha11 not affect the use of suchunit and the unit shall continue to be restricted in use asa short term rental permenantly. This restriction sha11continue to apply to this unit even if the Building iscondominimized. The right to relocate the kitchen will bevoid if the kitchen is not relocated by March I0, 1987.
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR
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ARTICLE II
GENERAL PROVISIONS
Section 2.1 Special Improvement District. TheDeclarant shall not remonstrate against and will participatein any special improvement district when and if a special
improvement district is formed for Vail vi1lage.
Section 2 .2 Drainage and Trash. Declarant will seethat all drainage from the Building is tied into theexisting storm sewer system. Declarant will also constructa concealed trash area and see that a1l Building tenantshandle trash on a daily basis and do not store any trashoutside of any shop on Bridge Street o! Founders' Plaza.
Section 2.3 Parkinq and Deliveries. Declaranthereby relinquishes forever the right to the parking./pick-up
- delivery space on the west side of the Building in theFounders' Plaza area.
Section 2.4 Signaqe. Declarant will be responsiblefor a1l tenants complyi.ng with all Town signage requirementsand specifically will not permit a sign to be placed in thedisplay window to be created on the east side of the nehttrash room.
Section 2.5 The
and
any
Secti.on 2.5 Alqenqment. This agreement may not bemodified without written-Elproval from Lhe Town.
ExEcurED this /L day of , 1986.
PLAZA LODGE ASSOCIATES, LTD.
DECLARANT
ADDRESS:
13OO BRYAN TOWER
DALLAS, TEXAS 7520L
preceeding four general provisions shaIl be continuingshall run with the property and shall not be affected by
change in ownership.
DECLARATION OF
CONDITIONS AND
FOR
COVENANTS,
RESTRICTIONS
- Page 2 oE 3 Pages
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The undersigned, being a Iienholder on the propertyaffected by the foregoing covenants, conditions andrestri.ctions, joins in the execution of this Declaration ofCovenants, Conditions and Restrictions for the PLAZA
BUITDING for the purpose of consenting to the covenants,conditions and restrictions therei.n contained.
BY:
NAME
TITLE
STATE OF TEXAS
COUNTY OF DALLAS
This Declaration of Covenants, Conditions and Restric-
STATE
COUNTY
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OF TEXAS
OF DALLAS
This Declarationfor the PLAZAday of
of Covenants,
BUILDING qras
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Conditions and Restric-
acknowledged before me
, 1986,
by
of the
, on behalf ofsaid
NOTARY PUBLIC STATE OF TEXAS
(Print Name)
My Commission Expires:
DECLARATION OF
CONDITIONS AND
FOR
COVENANTS,
RESTRICTIONS
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OF RESTRICTIVE COVENANTS
JTiIIIS{TTE PHILLITS
EACLE ETY. R[gORBIN
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THIS DECLARATION OF RESTRICTIVE COVENANTS is nade and en-
tered into this /69 a.v of October, 1986 by and between Geri A.
Schnr-idt,- wlroselegal address is P. O. Box 1234, Vail, Colorado 81658
and H K C Linited Partnership, a Colorado limited partnershipt
whose legaL address is 227 Wall Street, Vail, Colorado 8165?
( "Declarants" ) , and the Town irf Vai1, a Colorado nunicipal cor-
poration.
,
WHEREAS' GERI A., SCtr{IDT and H K C Linited Partnership are
the owners of the following described real property (the "Proper-ty") situate in the County of Eagle and State of Colorado, to
wit:
A part of Lot C, Block s-Cr VAIL VILLACE' FIRST FIL-
ING, County of Eagle, State of Colorado, more partic-
ularly described as follows:Commencing at the
Northeast eorner of Lot B' said Block 5-C; thence
Westerly along the Northerly line of said Lot B' be-
ing on a curve to the left having a radius of 582.?9
feet, a central angfe of 08 degrees 03 ninutes 06 se-
condsr an arc distance of 86.48 feet; thence South 10
degrees 30 ninutes 16 seconds Eastl 134.00 feet to
the true point of beginni.ng; thence continuing along
, the aforesaid course 36.00 feet; thence North 79 de-
grees 29 rninutes 44 seconds Ezrst, 44.00 feet; thence
North I0 degrees 30 minutes 16 seconds Westr 42.00
feet; thence South 79 degrees 29 minutes 44 seconds
West, 4.00 feet; thence South 10 degrees 30 minutes
16 seconds East, 6.00 feet; thence South 79 degrees
Zg minutes 44 seconds West, 40.00 feet to the true
point of beginning, Town of Vai1, County of Eagle'
State of Colorado also known as 225 Wall Street,Vail, Colorado 8165? i or .
WHEREAS, Declarants have agreed with the Town of Vail to
pubJ.ish and decLare certain terms r conditions r easements t
restrictions, uses r reservations, limitations and obligations,
all of which shall be deemed to run with the Property described
above;
NOW, THEREFORE, Declarants do hereby agree to publish and
declare the f o].lowing terms, eovenants, conditions r easements,
restrictions, uses, reservations, Iinitations and obligations
r.,'hich shall be deemed to run with the Property described above,
shaII be a burden and a benefit to the Declarants, or any of
them, their personal- representatives, heirs, successors and as-
signs and any person acquiring or or+ningi any interest in the Pro*
perLy and any improvements built thereupon, their grantees r per-
sonal representatj.ves, heirs, successors and assigns.
1. Restrictive Covenants. Declarants hereby agree that
in lhe event that Lodge Propertiesl Inc., shall desire to develop
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its property to Lurr"st extent permittefy applicable zoning
and building laws and regulations up to the common boundary be-
tween the Lodge property and the HKC property, Declarants agreeto modify the WaIl such that it is brought into compliance withthe provisions of the Uniforrn Building Code as it exists on thedate of execution hereof.
2, Covenants Running With Land- These terms, condi-tions, reservations, restrietions and covenants shall at alltirnes be construed as a covenant runninEl with the land and may berevoked only by the recording of an instrurnent duly exeeuted andacknowledged by all of the ownbrs of record of the duplex units.
3. Notice. Declarants shall register their nailing ad-dresses with the Town of Vail and all notices or demands intendedto be served upon Declarants shall be sent by certified mail r r€-turn receipt requested, addressed in the name of that Declarantat such regi.stered mailing address. In the alternative, noticesnay be delivered personally to either or both Declarants, if inwriting.
Enforcement and Remedies.
(a) Each provision of this Agreement shall be en-forceable by the Town of Vail or by Lodge Proeprties, Inc., by aproceeding for a prohibitive or mandatory injunction or by a suitor action to recover damages. If court proceedings are institut-ed in connection with the rights of enforcernent and rernedies pro-
vided for in this agreernent, the prevailing party shall be enti-tLed to recover his or its costs and expenses in connectiontherewith, ineluding its reasonably incurred attorneys t fees.
(b) The parties hereby agree that any and all ac-tions in law or in equity whieh are instituted to enforce anyprovision hereunder shall be brought only in the courts in andfor the County of Eagle in the State of Colorado.
(c) Failure to enforce any provisions of this A-greement shall not operate as a waiver of any suc,h provision, theright to enforce such provision thereafter I or of any other pro.:vision of this agreement.
5. Successors and. Assigns. Except as otherwise provid.ed
herein, this Agreement shall be binding upon and shall inure tothe benefit of Declarants and each owner'and the heirs, personal
representatives, successors and assigns of each.
6. Severabilit:'. fnvalidity or unenforceabilityprovision of this Agreement in whole or in part shall notthe validity or enforceability of any other provision orlid and enforceable part of a provision of this agreement.
of any
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any va-
7 . Captions. The captions and
ment are for convenient reference on1y,dered in construing any provisions of the
headings in th
and shall no
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''r:. 8. colruction. when ,,"."""."for propertion, th. rnasEifinE-of-Ei! word used. in this agrlementclude the feninine or neuter gender, and the singularand vice versa.
construe-
sha11 in-the plural
rN hrrrNEss WHEREOF, Decrarants have caused the execution ofthis Agreement Regarding Declaration of Restrictive Covenants,this /6F day of October, 1SAO
LIMITED PARTNERSHIP
(
By:
General Partner
STATE OF
COLINTY OF
coLoRADO )) ss.EAGLE )
Subscribed. and sworn to before me this &V1986, by '.G,gri, A. Schmidt, as General partner "f HPartnership and individually.
oafij^".^day of {*f rK C Lirnited
and off ici.al seal .My commission expires:
I q3r
Geri A. Schrnidt
Individually
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PRESENT
DlEfrE-Donovan
Bryan llobbs
Pan Hopkins
Peggy Osterfoss
Grant RivaSid Schultz
Jim Viele
The neeting was
Planning and Environmental Commission
Septenber 12, 1988
STAFF PRESENT
Peter Patten
Kristan Pritz
Rick Pylnan
Betsy Rosolack
called to order by the chairrnan, Jirn Viele.
1-. Approval of minutes of June 22 and Auqust 27. Diana
Donovan moved and Sid Schultz seconded to approve theminutes. The vote was 7-O in favor.
apt to leave his car in the TRC. Diana asked that the staffconsider charging an additional fee when apartments that arerentabl-e are condominiurnized. Rick agreed, and said that from apractical standpoint, it was sornething to think about.
t for a conditional use in order totruct a ondola on Lot Bl_Vail ViIIa
Applicant: John Witternyer
Betsy Rosolack made the staff presentation. She explained thatthis was a gondola that would serve one residence from thegarage near the road up to the residence, a distance of about 80feet. BilI Pierce, architect on the project, explained more
about. the project. Bill said the gondola would have to beapproved and inspected by the State Tramway Board. Bill feltthat gondola was more like a dumbwaiter in mechanism. Theheight from the ground would be 55 feet. The gondola isdesigned so that it could be put into a building at the foot ofthe hill and locked up when not in use.
Diana Donovan moved and Pam Hopkins seconded to approve thereguest per the staff memo. The vote in favor was 7-0.
est for omt n conversion of the Plaza Lodat 2Ll- Brlicant:iates Ltd.
Rick Pyhnan explained the rtquest and Jay peterson, representingthe applicant, answered questions. Diana was concerned aboutthe parking for the project. She felt that when there arecondos, they are used more by the owners, and therefore, needmore auto usage than that of a transient. The transient is more
3.
Peggy stated that another part of this question was that theTown continue to do whatever possible to keep cars fron BridgeStreet. Diana asked if it would be practical to have valetparking. Jay felt that that wourd encourage more traffic in thecore.
Peggy moved and Sid seconded to approve the reguest for thecondo conversion per the staff memo. The vote was 7-0 inapproval .
Because there were manyinterested in itern No.tabled until No. S had
people in the audience who were5, it was dealt with next and itern 4
been discussed.
5. lF appgal of a staff decision_qi.th reqard to a de
ome
!o bg logated on f_,ot fg, gl_oCkAppellant: Jay K. peterson
Peter Patten exprained the request and read the purpose sectionof-ordinance 4, the ordinance wtricn deart with z-so Lquare footadditions. Peter explained that to date we have enforced a ruleof retaining at least a foundation if a person wanted to applyto add 250 square feet to their home. peter asked ror airLltionfrom the board with regard to whether or not the language d.id.allow the tearing down completely of a hone incluaing ttrefoundation, and iaid that trre stirr would rewrite thE ordinanceif the board fert that it should be rewritten. peter said thathe had talked to Dan corcoran who had been on the Town councilat the tirne Ordinance 4 was passed. Dan interpreted theordinance the same way the staff did. peter tltt tnat therewould be some inequities if there were 2 duplex lots of egualsize next to one another, one vacant and onl having an exfstingstructure. The lot with the existing structure would be allowedto build 250 square feet more, because the house would bedenolished.
Jay Peterson' representing Mr. chester, said that he had alsotalked to other Tolrn Council people who agreed with theapplicant,s position. Regarding-the ordiiance, Jay felt when heattended rnany of the work sessions on the ordinance, the intentwas to-upgrade the facilities and conform to a landscape planthat night have been originally subrnitted. Jay saia rrl tlrtthat to upgrade rneant a stimulant to do. He falt that tearingdown_a hone cornpletely was upgrading to the very higheststandard- Jay stated that when Mr. chester rougnt ihe home, thearchitect looked at what courd be done with the foundation inplace, and felt that the foundation wourd not carry the }oadsthat the applicant wanted to place on it. Jay onci again saidthat he felt the purpose of o;dinance 4 was the ultimite upgradewhich would include taking the foundation out completery. -fre
felt that the ordinance said one could go to tne irigneslstandard, not just to a higher standard.
(TO:
SROM:
DA?E:
SUBJ:
Planning and Environmental Comnission
Conmunity Development Departnent
September L2, 1988
A request for a condominium conversion of the plaza
Lodge
I.
APPLICANT: PLaza Lodge Associates, Ltd.
THE REQUEST
The owner of the Plaza Lodge has recently cornpleted amajor j-nterior renovation and exterior alteration of thebuilding, as approved by the PEC on l[arch 9, L987. Theowner of the property now wishes to amend the form ofownership to condominiun status and has applied throughthe Town of Vail subdivision regulations, Chapter 1-7.26,
Condorninium conversion, with the specific section relatingto accornrnodatj-on unit conversions applicable. Theapplicants are proposing to restrict 7 acconmodation unitsaccording to the Town of Vail rental restrictions asstated in the Condorninium Conversion chapter of theSubdivision regulations.
In August of L987, the Planning and Environmental
Comrnission approved a conditional use permit which alloweda modification of the Plaza Lodge. fn this modification,the existing conditions of the plaza Lodge, 6 durs and 1.4au's, were amended to the current configuration whichconsists of 6 du,s and 7 au,s. As a portion of theapplication and as a condition of approval , the applicantagreed to restrict the 7 accommodation units according tothe Town of VaiI condorninium conversion chapter. Theserestrictions are reinforced in an agreement notarized andrecorded in Book 487, Page BOI_, Eagte County, Colorado.
II. CRITERIA TO EVALUATE THE PROPOSAL
The criteria to evaluate the condoniniunization of thePlaza Lodge is found in Sections 17.26.060 and t-7.26.080,relating to all condominium conversions, whether
accommodation units are involved or not, as well asL7.26.075, the specific section addressing reguirementsfor converting accommodation units to condominiurns.
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The Town Building Departrnent has cornpleted the requiredinspection for conversion as an ongoing process during therecent renovation, and all reguired criteria is in theprocess of being rnet. Criteria relating to tenants,occupancy, employee housing, and current rental rates arenot applicable to a lodge conversion.
III. COMPLIANCE WITH STIPUI.ATIONS OF SECTTON 17.26.075
The reguest is in compliance with the section regulating
accommodation unit conversions, as well as in compliancewith.previous agreements made by the applicant duiinqrprevious Town of Vail approval processes.
IV. STAFF RECOMMENDATION
Staff recommendation for this reguest is for approval .AIl use restrictions as applicable in the condominiurnconversion section and in previous agreeraents by theapplicant have been met and stated in the condominiumdecLarations. Al1 required articles and subrnittatinforrnation has been reviewed and is in order.
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CINDo[(Il(N,l| DECI,ARATIOT
PIAZA IODGA @FI'OTIIIINilS
RECITAI.,S
Plaza Loilge Associates, Ltd.,(rrtleclaranttr), is the owner of the
a Colorado Llnited Partnershlpreal property lnterests El-tuate
(a) nUnittr neans an individual air space unl.t containedsithin the perirneter walls, floors, ceillngs, windoss and doors of aunit in a buitding constructed on real property which is subject tothe provisions of this Declaration, and as- shonn and described ln acondoninium map recorded in the real property records of EagLeCounty, Colorado, together with (i) aLl fixtures and inprovenentstherel.n; (ii) the inner decorated' or finished surfacei of such
in the County of Eagle, State of Colorado, described in Exhibit Aattached hereto and nade a part hereof.
Declarant desires to establish a condoninium project under the
Condoninium ownership Act of Colorado (the nActil) and to define thecharacter, duration, rights, obligations and liuitatlons ofcondoniniun ownership. A building and related improvenents have
been constructed on the real property intereet described in ExhibitA, vhich building and improvenents shall consist of separatelydesignated condominium units. A condoniniun map shall be filedshoring the location of said bullding and inprovements on the realproperty interests, which is hereby nade subJect to thisDeclaration.
Declarant does hereby establish a plan for the ownership ofreal property estates in fee sJ-mple conslsting of the air spacecontained in each of the units in the bullding and the co-ownership, by the individual and separate owners thereof, astenants in common, of all of the renaining reat property interests.
DECIARITION
Declarant doeE hereby subJect the real property interestsdescribed in Exhlbit A to this Decta )n anA publish and declarethat the fol lowing terms, covenants, condJ-tions, easenents,restrictions, uses, reserrrations, linitatlone and obligations shallbe deened to run with such land, shall be a burden and a benefit toDeclarant, its succesaors and assigns and any person acquiring orowning an interest in the real ploperty inteiests whicn ard or
become subject to this Declaration and inprovenents built thereon,their grantees, successors, heirs, plrsonal representatives,devLsees or assigns.
1. Definitions. As usedothenrise expressly provided:in this lleclaration, unless
Vlzzffi
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unLtrs perineter ralls, floors and celllnge; (fti) the doorE and
wlndowE of the unit; and (tv) the lnterior nonsupporting sallswlthln the unlt. Ttre term does not lnclude, however, the
undecorated or unfinlshed surfaceg of the perfuneter walls, floore orcelllngs of a unit, any utilities mnnLng through the unit which
Eerive nore than one unLt, or any other general conmon elenent orpart thereof located wlthin the unit.
(b) icondoniniun unl-ti [eane a unlt together with theundlvided Lnterest ln the general connon elenents appurtenantthereto and the right to exclusive or non-exclusive uEe of liuited
connon elements asgociated therewith.
(c) nowneri Eeana any lndlvidual, corporatlon,partnership, assocJ.ation, trust or other legal entlty, orconbination of legal entltles, which ie the record owner of an
undivlded fee sinple interest in one or more condoninium units.
(d) iGeneral conmon elementsil nEans (1) the landincluded ln the real property interests which at any tine aresubject to this Condominium Declaratl.on; (fi) the foundations,
columns, girders, beams, eupporte, perineter and supportlng walls,roofs, balconlee, halls, corridore, lobbl,as, ataLrs, staimays, flre
escapes, entrances and exite of the bulldlngs; (tti) the basements,yards, gardens, automobl-le parklng areaa and storage Epacest (iv)the installations, equipnent and naterl.alE naking up the central
ser:rrices such as power, llght, 9da, hot and cold water, heating,refrigeration and air conditionlng and incineratingr (v) the tanks,punps, notors, fans, compressorE, ducts, and ln general all
apparatus and installations existing for conmon usei and (vi) allother parts of the real property interests which are not part of aunit.
(e) ilinited connon elenenten neans the part of theeneral connon elements assigned for the excluEive or ncn-excluslve use and enJoyuent of €he osner or own€re of one or Dore,but lesg than all, condonlnlum unlts.
(f) trConmon expensesi neana: (i) all e)cpenaes expressly
declared to be connon expenses by this Declaratlon or by the by-lawsof the Associatlon; (ii) all other expenaea of admlnlsterlng,senricing, conserving, nanaglng, nalntaining, repairing or replacingthe general comnon elementsi (iii) lnEurance preniums for the
insurance carried under Paragraph t hereLnt and (1v) aLl expenaeslawfully deternined to be connon expenses by the board of directorsof the Association.
(S) rFirst lienori rneanE the holder of a promlssory notepalment of which is secured by a first nortgage or first deed oftrust encunbering an interest in a condonlniun unLt. nllortgagerl
shall lnclude a deed of trust, and inortgageei shall include thebeneficiary of a deed of trust.
(h) iAseocl.atloni neans Plaza TJodgeAesoclatlon, a Colorado nonproflt corporatlon.
Condoninlun
(f) iBulldlngi Deans the bullding Lmprovenentscontalnlng units located on real property subJect to thisDeclaratl,on, and all other lnprovenents constructed on the property
subJect to this Declaratlon.
(J) The condoniniun unlts subJect to thls Declarationshall be known aE Plaza Ioctge Condonl,nl.uns.
(k) iDeclarationi neans thie inEtrument and aIl
Anendnents or Supplenente thereto hereafter recorded ln the recordsof Eagle County, Colorado.
(1) tsharlng Ratioi of an oyner in hLs percentageinterest ln the general connon elements appurtenant to his unit, asset forth In Sxhlblt B attached hereto and nade a part hereof.
(n) nHapn neans the orlginal condoniniuu llap regulred tobe recorded hereunder and aLl Anendnents or Supplenents theretohereafter recorded in the records of Eagle County, Colorado.
2. DiviEion of Real ProBerty into Egtatee; Use and Occupaneyof Condonlniun Unl-tg.
(a) The real property interests are hereby divided into12 condonlnlun unl.te deslgnated C-l through C-6, inclusive, and R-lthrough R-6, lnclusive, each consisting of a unit, an undividedinterest in the general conmon elenents appurtenant to such unit,which lnterest lE set forth in Exhibit B, and the exclusive or non-exclusLve riEht to use and enJoy linlted connon elenents, as setforth in Exhlbit B.
(b) Each condoniniun unlt shall be lnseparable and naybe. conveyed, leaeed, devlsed or encumbered only as a condoml.niununit. Title to a condonl.nLun unlt nay be held indivldually or inany form of concurrent ornership recognlzed ln Colorado. In caseof any such concurrent ownership, each co-owner shall be jointly
and. severally ltable for the perfornance and obsenrance of all theduties and responslbilities of an onner with respect to the
condoninLun unLt in shich he owne an interest.
(c) Any contract of sale, deed, lease, deed of trust,nortgage,.will or other inetrument affectlng a condoninium unit uaydescribe it by lts unLt nunber ae shosn on the Uap, followed by thenane of the condoninlun units and reference to this Declaration andto the !lap.
(dl Declarant shaLl give written notice to the assessorof Eagle County, Colorado, in the nanner provided in the Act, so
that each condomlnlrrn unit sill be separately assessed and taxed.
(e) Notsithstanding anything contained hereln to thecontrary, Declarant reserves unto itsetf and the succesgor ownera,to be held by Declarant or any other perEon or entity at any tineowning units c-l through C-6; inclusl.ve, the rightr- without theconsent of any other owner or the Association, to conbine, dlvlde orpartltlon auch unlt or unLts to create spicee elther rarger orsnaller than Euch unit or unlte as ehoun on tlre ltap for the purposesof uslng, conveyanclng or leasLng; provl.ded, horever, (1) lfrat ttreorner doing such conblning, dlvidlng or partltlonlng obtilne, at hlssole cogt and expenae, all iequtied governnental approvalsincludlng, but not linlted to, subdivislon approvar and issulnce ofa bulldlng.per:nit and a flnal certlflcate of-occupancl' for all workperformed ln such conblnatlon, dividing or partltioning, (ii) thatthe integrrity of all comnon elenentE sen/icinqr any othef 'pait or therenalnlng part of the buirding are properly,- saiely and reaEonabryprotected at the sole cost and expenae of the ordner doing suchcoTfiling, dividing or partitionln-g, (iii) that no chanjes ornodiflcatlons are made to the exterior 6r trre buirding, (ivJ thatthe exerclee of such right shall in no way J-ncrease or h'ecieaie tnepercentage osnerehip ln the conmon elenents of, or the percentage ofconnon^ exlrenseE to be pald by, any owner not involved in suchconblning, dlviding or partitidrilng,- and (v) that the osner doingEuch conbining, dividing or partitionlng shall, at hiE sole cost andexpenae, flLe in the rebords of tagle county, Colorado, asuppl'enental lleclaration and a supplenental uap approprlatelyallocatlng undivided percentage inteiestg in the- gen-erar cornmoneleuents to and depicting such conbined, divided or partltioned unitor units.
- (f) Condoninium units C-1 through C-5, inclusive, shallbe used and occupled solely for office o1 connercial purposes.ProvLded, however, that the- upper level of c-6 nay in a'aailion leused for dwelling or rodglng- purpoaeg. condor.iniun unitE R-l
tn"gggh R-5, Lnclueive, ehall be -used and occupLed eolely fordwelrLng or Lodgtng purpogea. All of the above -stated uEds andoccupanctes Ehall be onty as permitted by and subJect to theappropriate and appllcable governnental zoning and use- ordinances,ruleE and regulatLons fron tine to tLne in efiect. An onner shallhave. the right to lease hig condonlniun unit upon such tertrs andconditions as the ouner uay deen adviEable; provided, however, that
_(i) any. such lease shall te in writing ana .snatt provide tnit irrereaEe .is subject to the terns of- this oecla-ration, (ii) acondonlniun unlt -nay be leased only for the uses piorria"ahereinabove,. and {iirt. any failure of a lessee to conply iitn tneterils of this Decrarationf articles of rncorporation, nryr-aws of theAssociation, or the rules of the Associati-on shari be a defaurtunder the leaEe enforceable by the AeEociatlon.
- 1. Condonlniun [ap. Upon substantial conpletion of thebulldlng and prior to any convdyance by Declarant of a condoninium
r(
unlt thereln, Declarant shall cauae to be flled for record ln EagleCounty, Colorado, the llap, which shall contain: (a) the legaldescrlptlon of the surface of the land; (b) the llnear nEasurenents
and location, with reference to the exterior boundariee of the land,of the bulldlng and all other tnproveuente built or to be bullt onthe land; (c) the floor plans and llnear dlnenslons of the lnteriorof the building including the units, the general comon elenentsshich are not a part of any unit, and the llnlted connon elenentsi(d! the designation by nunber or other spbol of each unit; (e) theelevation plans of the bulldlng; and (f) the elevatl.on of theunflnlshed Lnterior surfaces of the floore and celIl.ngs of thebul.Idlng, including the unite, as establiEhed fron a datun plane,the distances betreen floors and cellings, and the Iinearmeasurenents showing the thickness of tbe perineter walls of, thebuildlng. D,eclarant reser\res the rlght to inend the l{ap from tlneto tine to conform it to the actual location of thE buildlng(lncludlng all parts thereof) and to eetabllsh, vacate and relocate
easements, access road easements and off eite parklng areaa. InadditJ-on, Declarant reserves unto itEelf and the auccessor orlnersthe right to amend or supplenent the llap to described alterationsresulting fron the conbination, divieion or partition of a unit orunl.tg pursuant to the reeerrratigns set forth in subparagraph 2(e)hereln.
il . General Conmon Elements; Encroachnents.
(a) the general conmon elenents shall be osned Ln connonby all the owners and shall reuain undivlded. No owner ehall acsertany right of partition with respect to the general connon elenents.
Each orner vaives any and all rights of partition he nay hold byvirtue of his ornership of an unaiviOea -interest in the general
connon elenents ae a tenant in comnon sith the other ordners. ThisParagraph shall not, however, Iirnit or restrlet the rlght ofpartition of a eingle condominiun unit auong the osnera thereof,
whereby the ovners petition the court to sell the condoniniun unltand to allocate the soLe proceeds anong the owners, but Euch rlghtof partltion shall not be conEtrued to-nean a physical divlsion-orpartition of a condoniniun unit, nor shall such ilght of partltlonaffect any other condoninium unit. NotvithEtandl.ng anythlngeontalned hereln to the contrary, nothing eontained ln thissubparagraph 4(a) shall be construed to linit or prohlblt aproportlonate adJustment in the p€rcentage ownerehip ln the general
conmon elenents in connection sith the conbination, divislon orpartition of a unit or unLts pursuant to the resernrations set forthin subparagraph 2(e) herein, provided that any such cornbination,divislon or partition Ehall not increase or deciease the percentage
ownership in the general connon elenente of, or the percentage ofconnon expenEes to be paid by, any owner not involved ln suchconblnation, division or partltion.
(b) Each Onrner shall be entltl.ed to uae the general
comnon elenentE in accordance sith the purpose for rhich they are
Lntended, vlthout hindering, lnpedlng or LnpoeLng upon the rlghtsof the other ownsrs and ln accordance rlth the rules andregulations duly establlshed fron tlme to tlne by the Assoclatlon
and subJect to the provlsl,one of ParaErapha 20 and 21 herein.
(c) Thera lc hereby created an €asement, upon, acrosa,over and under all of tha Eeneral counon €lenenta for lngreEE andegreaa, lnetallatlon, replacenent, repalr and nalntenance of allutlllties, lncludlng but not thlted to water, Bewer, 9ta,telephone and el.ectrlclty. An eaesnent Le further granted to allpolice, flre protectl,on and anbulance personnel , and all slnilarpersons to enter upon the general comron elenentE and condominlununits in the perfomance of thelr dutlee. Further, an easement is
hereby granted to the tssoclatlon to enter in, onto, above, acrossor under the general connon elenentE and any condoml.nium unit toperforn the duties of naintenance and repair to any condominl.um unitor the general connon eleuente. NotvithstandLng anlrthlng to thecontrary contaLned Ln thle Paragraph, no sewere, electrical llnes,water llnes or other utllltieE uay be lnstalled or relocated on thegeneral conmon elements except aa approved by the Aesocl.ation, andany utllity or company ln the uae of the utlllty eaeement granted
hereLn ehall be responslble for. any danage to any general connonelenent or cost incurred by the AgEoclatLon aE a result of such
danage and ehalL be required to pronptly restore any of the general
cornon elenents disturbed or danaged by euch utllity or conpany Lnthe exercise of any of thelr rights under the utillty easementgranted herein. Should any utllity or conpany furnishing a servlcecovered by thl.s easenent hereln request a speciflc easenent,including a vehicular easenent, the Assoclation nay grant such an
easement to tbe general connon elenente by a separate recordedinstrunent uithout confllcting rith the terms hereof and without
conEent of the ownera belng required. The easements provlded for inthis Paragraph shall ln no way affect any other recorded easement tothe general connon elenentg.
(d) If any portion of the general connon elemente nou
encroaches upon any unit, or lf, any unit nos encroacheE upon anyother unit or upon any portlon of the general comnon elenents, aa aresult of the conetrrrction of the bullding, or lf any suchencroachment shall occur hereafter as a result of settling orshlfting of the building, a valLd eaeement for the encroachment andfor the naintenance of the aame ao long as the building stands,Ehall exist. In the event the buildlng, any unit, any adJoinlngunit, or any adJolning generaL conmon elelnentr-shall be partiilly ortotally destroyed aa a result of fire or other casualty or as aresult of condemnation or eninent donain proceedings, and thenrebuilt, encroachmente of parts of the Eeneral conmon elenents uponany unit or of any unlt upon any other unlt or upon any portion ofthe .general comtron elenente, due to sueh rebuilding, shall bepernitted, and valid eaeenents for guclr encroachments and thenalntenance thereof shall exist eo long aE the bulldlng Ehall Etand,
5. liechanLcta Llens; IndennLficatlon.
(a) If any owner Ehall cause any materLal to befurnlEhed to hls unit or any labor to be perforned therein orthereon, no owner of any other condoDlniun unit shall under anycircunstances be llable for the palment of any e:cpenEe incurred orfor the value of any work done or naterl.al furnished. All such sorkehall be at the erpense of the owner causl.ng lt to be done, and suchoun€r shall be solely responsible to contractors, laborers,laterl.alnen and other p€raons furnishlng labor or naterials to hlsunlt or any Lnproveuents therein. l{othlnE herein contained shallauthorLze any owner or any peraon deallng through, rrlth or under anyouner to charge the general connon elenente or any unit other thanof euch owner with any nechanicre llen or otlrer ll.en or encunbrancewbatever. on the contrary (and notlce l,s hereby given) the right
and power to charge any llen or encumbrance of any kind against thegeneral coEnon elements or against any owner or any ownerrs unit forvork done or naterials furnlshed to any other osnerre unit is hereby
acpreeely denied.
(b) If, because of any act or onission of any owner, any
nechanl.c'a or other ll.en or ordef for the palnent of money shall befiled against the general common elenents or bgainst any other osner(whether or not such lien or order is valid or enforceable as such),the owner whoae act or onissl.on foms the basis for such Lien ororder shall at hlg own cost and e)q)enae cauae the sane to becancelled and dlecharged of record or bonded by a surety conpanyreasonably acceptable to the Agsociation, or to such other owner orowners, sithin 20 days after the date of filing thereof, and furthershall lndennify and aave all the other unit owners and theAssociation harnless fron and against any and all costs, expenses,clains, Loases or danages, including reasonable attorneyrs feesresulting therefrom.
(e) Iabor performed or nateriale furniEhed flt>r the
Eeneral cornon elernents, if duly authorized by the AEsociation, inaccordance vitlr thie Declaration or its byLaus, shall be deened tobe perfoned or furniEhed wlth the expresa consent of each owner andehall be the basl.s for the fillng of a lLen pursuant to law agalnsteach of the condominiun unlts. In the event a lien ls effectedagainst tyo or nore condoniniun units, the owners of the separatecondoniniun units Day relnove their condoniniurn units fron the lienby palment of the fractlonal or proportional amount attributable toeach of the condorniniun units affected. rndividual palment strarr be
co.nputed by reference to the Sharing Ratios. Subsequent to palment,dlscharge or other satLsfaction, the condoniniun unit sfrJff bereleased froa the tien pald, satisfled or discharged. partial
palment, eatisfaction or discharge shall not prevent the lienor fromproceedlng to enforce hle rights againet any condoninlun unit noteo released or dl.scharged.
6. Aduinistration and l,[anaoenent.
7
(a) Plaza Iodge Condoniniume shall be adninlstered and
managed purauant to this Declaration, the Artlcles of Incorporation
and the 8y1ars of ttre Association. Each osner shall be a nenber ofthe Aasoelation and shall renain a nenber until he ceases to be anouner. A3 menbers of the Assoclatlon, all of the ounerscollectively are entltled to the total of lO,OOo votes, vith each
owner being entitled to the nunber of votes egual to hlE SharingRatio rultlpJ.led by 10,000. Each ueuber ehall conply atrlctly wlththe provlslone of this Declaratl.on and of the Articlee ofIncol?oration and Bylaws of the Assoclatl.on. The AeEoclatLon shallhave the rlght to pronulgate and enforce rlles governing the use,
naintenance and appearance of the general connon elements and ehall
have tlre rlght to aeaign any parking apaceE, Lf any, ln the general
counon elenents that have not been deslgnated as llnlted connonelementE. Each nenber shall be bound by and shall conply withrulee, resolutions and declsl.ons of the Assoclatlon duly nade oradopted Ln the nanner set forth in this Declaration or in theArtlclee of fncorporation or Bylaws. Failure of the mernber toconply with such provisions, rules, resolutions or decisions shallbe grounds for an action to recover damages or to obtaLn lnJunctiverellef, or both, by the Associatlon on behalf of the other ounersorr ln a proper caEe, by an aqgrieved owner. In addl,tion, theAssoclationrg bylawe nay authorize the Assoclation, during theperlod of any dellnquency to euspend a menberrs votlng privileges;hotever, no euch suspeneion shall affect the rigbts of a firstlienor.
(b) The Association and ite nenbers sball adopt no ruIe,resolution or deciEion nor take action in any manner whatsoever thatwould interfere with the reasonable and nornal conmercial activitiesto be caried oD, in and around condoniniun units numbered c-lthrough C-6, inclusLve, and ln partlcular the reasonable and nornalaetivl,tiee carried on in the operation of a restaurant and bar
buElnese on, in and arcund condominiun unit No. C-2.
(c) The Aesociation nay eftploy or contract for thesenrl.ces of a nanager provl-ded that such emplolment shall be bycontract having a ter:n of no more than three years and each euchcontract shall be strbJect to cancellation by the AssociatLon onnlnety days notice, with or without cause. The board of directors(the iBoardi) nay not delegate to a nanager the authority to makeexpenditures for capital additions or Lnprovenente chargeableagainat any portion of the annual budget, aE defined in subparigraph8(bl herein, other than that portion specifically designated forcapital expendl.tures. Tlre nenblrs of the Board shitt nof be liablefor any onLssLon or lnproper exercise by a Danager of any such duty,poser' or function so delegated by rritten instrument executed by anaJority of the Board.
7. llaintenance and Repairs.
(a) Each owner ehall be responElble for nalntenance andrepair of hls unlt, includlng flxtures and Lnprovenents and alluttlity linee and eguipnent located therein and eervlng such unltonly. In perforning such naLntenance or repair, or in irnprovlng oraltering hls unit, no ouner shall do any act or work whlch lnpalrsany general connon elenent or the stnrctural soundness of anybuilding or which interferes sith any easenent.
(b) lhe general collDon eleuentg (lncluding the llnltedconnon elenenta) shall be adninietered, consetived, [anaged,nal.ntained, repalred and replaced, except as lodlfled by paragraph7(c) below, by the Aseociatlon, whlch nay have accese to any unitfrom tLne to tlne during reasonable hours for such pur?oses, or atany tine for the purpose of naking euergency relnlrs therelnnecessary to prevent daroage to the general conDon elenentE or toanother unit or units. The costs of repalrlng any danage to a unitresulting fron entry therein for any such purpose shall be a connon
expense of all the osners. Horf,ever, if the need to nake such entryresultE frou the negligence or intentional act of any owner, hisfanily, guests, enployees, licensees, lessees, agents or invitees,such owner shall reinburse the Assocl-ation for atl the costs ofrepairing euch danage and shalt be liable to the other owners forall additional losses or dauages eufferad, lncluding reasonableattorneyrs fees.
(c) NotsithetandLng the foregoing, (f) aach owner havingan intereet in llnited common el.enente shich le a deck or patlo,shall pay the proportion (except for routine paintlng, cleaning orrepair rhich ls done Ln conJunction with the general upkeep of theexterior of the buiLding) of the coste and expenses of naintalning,repairing and replacing such linited comnon elements including a hottub or spa of uhich such onner has any use and enJolment, thenunerator of which is his sharlng Ratio and the denonlnator of rhichis the total of the Sharing Ratios of all peraona havlng any use andenJolment thereof, (ii) each owner having an j,nterest fn liulted
comnon elernents which is a staiffiy, hallway or elevator, shall paythe proportlon of the coste and e:rpenses of naLntainlng, repairingand replacing such llnlted comnon elenents of whlch such owner hasany use and enJolment, the nunerator of yhlch ls the Sharlng Ratioand the denoninator of shich iE the total of the Sharlng Ratios ofall persone having any use and enJolment thereof, and (iii) eachowner ehall pay all costs of repairing any danage to the general
comnon eleuents (lncluding the linited common elenents), or to anyunlt other than his opn resulting fron the intentional act ornegligence of such owner, his fanily, gueats, employees, licensees,Iessees, agents or invitees.
8. Assessments for Common ExpenEes.
(a) Except aa set forth in subparagraph 7 (cl herein,each owner shall pay hls pro rata share of the comnon expenses,which proration shall be made on the baeis of the Sharing Ratios in
effect on the date such co![on expenae le asseseed, except that wlthreapect to unoccupied unlts owned by Declarant, the Assoclationshall asseas Declarant only lf the asaesgnentE assessed rlth respectto all condouinlun unlte not orned by Declarant or occupled byDeclarant are lnsufflcient, ln whlch case Declarant sha1l be
assessed for all condoninlun unlte osned and unoccupted by lt in theaggregate, an auount equal to the auount requlred to neet actual
e:qtenaes of the Assoclatlon not to exceed an auount equal to the prorata share of the common expens€s Declarant vould be required to paylf all of the condomlnl.un unLte ovned by tt were occupled.
(b) The Eoard shall fix, determine, IevI and colleetannual and speclal aesessmente to be paid by each of the owners toneet the cclltron expenBea and to create a contlngency resenretherefor. Prior to the beginnl-ng of each flEcal year of theAssociatl.on, the Board shall adopt a budget for that year. Thebudget shall include, but shall not be linited to, an estinate ofthe coate of nal.ntenance, repalr and replaeenent of the general
connon elenents, the coet of utlllties and other eeryices to beprovlded by the Assocl.ation, the cost of insurance reguired byParagraph t hereln, and proposed capital enpenditures. The budgetshall lnclude an adequate reserve fund for the nal.ntenance, repairsand replacenent of those general counon elaents that nust bereplaced on a perJ.odic basie in order that sush uaLntenance, repairsand replacenent nay be pald for through regiular installnentE ratherthan by speclal assessnent. For the AsEocl.ationrs flrst fiecalyear, the Board ehall adopt the budget at the flret neeting of theBoard and designate the date of comenceuent of the flrst annualaEseasment, wLth the costs for naintenanee, repair and replacenentof the general connon elenentE and any resersre fund needed thereforbased on a good faith estinate of those coetsi said estinate nay bebased on the coets incurred by slnilar aEsociations in the generalrocale. Thereafter, the cost of naintenance, repair and replacenentand any reaerve fund needed therefor ehall be on tlre basis of theprevlous yearts coete vlth such adJustnents therefro[ aa the Boardconel.derE approprlate. lrhe budget Etrall also Lnclude the annuala66eaanent for each condoninl.un unit. special asaessments may belevied rhenever in the opinion of the Board it Ls necessar! oradvisabre to do so (i) to neet lncreaeed operating or naLntenlnce
expeTses or costs, (ii) to provide for additlonal capi.tal expenaes,or (iil! because of euergenciesi however, if the proposed add-itionalcapital e:{pensea at any given tine are or youlb be in excess of
S50,-0OO.0O ln the aggregate for any calendar year, such expensea naybe Lncurred only after the owners; by the vote of ttre owners of aLleast 70.0 percent of the general conmon elements, approve suchexpenses. A11 annual aasesBnenta ehal1 be based upon an approvedbudget; all other asEessnente shall be ln itenized- statenent fornand shall set forth the detail of the various e)q)enses for which theaaaeaanente are belng nade.
(c) fhe Board shall prepare and provide to each owner aEtatenent for the annual assessnent and any special assessnent
10
agalnst hls condoniniun unLt. Annual aasessments for the budgetedgonao!- expenses shall be pald in quarterly lnstalluents, each suchinstalluent due and payalte ln advance on the first day or eachcalendir _ q-uarterr or Dore freguent installnents aJ nay bedeternlned by the Board. speciaf assessnents slrall be dud andpayable aa epeclfied ln the wrltten notice of such assessnentprovlded by the Board.
(d) The Board ehall have the rlght to add to any onnerrsasBesaren! a9 provided Ln this paragraph thoae anounts expended bythe lssocl.atlon for the beneflt of lny lndivldual condoniirluu untiand the owner thereof, Lncruding, -but not llnlted to, fines(pursuant to nrle adopted by tne Aseoclation), repairs andreplacenents (to any condonlnlun unit or ttre - generit connonelenents) eaused by -the negllgent or ulllful acts of iaid owner, hLsfanily, gueets, enployeesf llcenseee, lesseea, agents or lnviiees;naintenance, repair, -care of and replacement 6t tinited connonelenents appurtenant to a condoniniun unit; and all otherexpendrtures or charges provided for by thls Declaration ot tn"bylaws.
_ (el If any aseeesnent ghall renaLn unpaid ten days afterthe due date thereof, tbe Board nay Lnpose a Gte charge on suchdefaulting ouner ln a reasonable anbunC or an anount eqlar to 1.5percent of such assessnent, whichever is greater. Likewlse, a lateclarge in a-reaEonable anount or in an an'ount equal to 1.s'p-rcent
l-f t!: unpald assessnent, whichever ie greater, uay be inp6sed onthe firat day of each calendar nonth t-hereafter sb long as suchaaaeeanent shall be unpaid. Failure to make palment within 3o daysof the due date thereof also shall cause thl turr anount or suihownerrg regular quarterly assessDents for the renainder of that yearto becone due and owlng it once, at the option of the Board. rn theevent tt shart becone necesaary for Lrre Board to collect anydelinquent asseeenents or fees, -rhether by forecLogure of a lienherelnafter created, by comencinr ef a coirrt action or oinerrrlJe,the delinquent owner snatt pay, in addition to the assessnent andlate cha:ge herein provided, irr coste of corlection, includlng areasonable attorneyre fee and coste incurred by irre Board - lnenforclng paynent.
(f) All sunE asseseed but unpaid for the share of cornrnonexpenae assessed to any condoniniun unit ehall constitute a ll.en oneuch unit ln favor of the Association prior to all other llens andencunbrances, except: (1) liens for generar property taxes andepecial assegsments; ,and (fi) the tiei of any' rilrst'roilgig" -;,
flrst deed of truet of'rlcord encunlering' such unit. TheAssocl.ationrs lien shalL attach fron the aite when the orrp.iaaEeesgnent ehall becone due and nay be foreclosed by -the
Aesociatlon in like nanner as a nortgage on real property upon therecordl.ng of a notice or clain there6t- executed llr tire liscrbritronsettlng forth the emount of the unpaid indebtedness, the nane of theowner of the condoniniun unit, and a description oi the condominLun
11
unit. If any such lLen 1g recorded by the Ae;oclatlon, the ownershall be reguired to pay the costg and expeneee of the preparatlonand recording of the Aeeocl,ationre llen, lncludlng reasonableattorneyra fees, or 9100.00, whlchever ie Ereater. In anyforecloeure of the Assoclatlonra lien, the own€r ehall be requlredto pay the costs and expenaes of such proceedings, lncludlng
reasonable attorneyre fees. Durlng the perlod of forecloaure theouner of the condouLnl.un unit aubJect to euch actlon shall beregulred to pay a reaeonable rental to the Aesoclatlon. TheAseociation shall be entitled to purchaee tlre condominluu unlt atthe foreclosure eale, and to acqulre, hold, lease, nortgage or
convey the gane. Each osner, by acceptlng a deed to a unl.t, waLves
any appllcable homestead exenption as to the aeEeesment llen.
(S) No ovnerpalment of hls share of Ehall exenpt blneelf fron ltabtlttythe connon expenseg either by walver ofuae or enJolment
abandonment of his of any of the general common elenents orcondoniniun unit.
(h) fn case of sale or other transfer of a condominiumunlt with respect to which sura aasessed for coumon exp€nses shallbe unpald, the purehaeer or other traneferee of an lnterest Ln suchunlt shall be Jolntly and severally llable yl-th the seller ortransferror tlrereof for such unpald asses6nent6. Notyithstandingthe above, rDy first Lienor yho obtalnE title to a condonlnium unltpursuant to the remedies provided in the nortgage or foreclosure ofthe nortgage rill not be liabte for such unitrs unpald dues orcharges which accrue prior to the acquleition of titl.e to such unLtby the firet lienor.
(i) Upon written regnest of any orner, nortgagee,proepectl.ve lortgagee, purchaser or other prospectlve tranEferee ofa condoniniua unit, the Associatl.on shall lssue a written statenenteettlng forth the anount of the unpaid connon e:(penses, If any, rithrespect to such condoniniun unit, the anount of the current nonthlyassessnent, the date on which such asseEsnent became or shall beconedue and the anount of any credit for prepald enpenseE. Suchatatement, for rhich a reasonable fee nay be charged, ls blnding
upon the Associatlon in favor of any person vho may rely thereon Lngood faith. Unless a request for iuch etatenent shall be cornplledsith uitbln twenty days after recel.pt thereof, all unpald connon
e)q)ensea uhich becane due pr!-or to the date of naking such requestshall be subordinated to the lien or other interest of the peraonrequeeting such statement.
(j) Any party in favor of whom a lien on a condoniniumunit has been created nay but shall not be required to pay anyunpaid connon expense with respect to such uni-t, and upon- suclpalment such party shall have a lLen on Euch condoninlun unit forthe anount so paid of the sane rank aB the llen theretoforeexleting.
for
the
by
L2
(k) The Aesocl.atlon nay regul.re each owner, other thanIleclarant, to depoelt vlth the Assocl,atlon, slthout intereEtaccruing to the owner, an amount equal to one quarterrs comnon
asseEsnent levled agalnst the condonlnlun unlt orned by such owner,rhlch anount ehall be held by the leaociatlon aa a resenre to beused for paylng such ornerrs perlodlc eot[on aseessnents, payingsuch owtlerrg speclal assessDents, for rorklng capital or otlrerreasonable put?oses deternlned by the Ageoclation. Such reservepaynent shall not reliev€ an orner frou laklng r€grular palment of,corDon asseEsnents or palnent of epeclal asa€Es[ents aB the sane
becoue due. Upon the gale of a condouLnhu unit, the osner thereofshall be entltled to a credlt fron hls grrantee for any unusedportlon of euclr reselr/e, vhlch anount then held by the AsEociatlonahall be transferred on the Aesociationre books to the account ofthe grantee.
9. fnsurance.
(a) The Assocl-ation ehall, on behalf of the o!rner6:
(f) keep the bul.ldlng (lncludlng all of the unitsand all fLxturea therein, but not lncluding furnLture,furnlshings, or other personal property supplled or installedby condomLniun unl-t ornera) lnsured agalnst loss or danage byflre, vith extended coverage (includlng lnsurance against los-or dauage by vandall.sn or ualiclous nischlef), in at least the
amount of the naxinun replacement value thereof, detemined in
accordance vith subparagraph 9(c) hereln;
(1f) provide and keep ln force, for the protectionof the Association, its officerE and directora, and all the
ouners and fl-rst lienors, general pr:bllc tlability and property
danage insurance agalnst clalnE for bodily lnJury or death orproperty danage occurring upon or in tbe general common orlinited elenents, ln llnits of not lesE thin glrooorooo forbodtly inJury or death to any nrrnber of persons arlslng out ofone accident or dleaster, or for danage to property, and lfhigher llmits shall at any tine be custonary to pioteCt againstpossible tort liablllty, such higher ll.nltg shaIl be carrl.ed.
(fff) carry insurance ln such amounts as theAssociation may conslder neceaaary or advisable agalnst suchother lnsurable hazards as lay fron tine to tlne be connonlyinsured agaLnst Ln the case of slnllar property Ln Einilarlocations elsewhere.
- (iv) carry directors and officers llabllltyinsurance in such amounts aa the Assoclation nay conslderneceaaary or adviEable.
(b) All insurance requiredParagraph EUiff be carried ln faior of to be carried under thisthe Association, the owners
13
and aII flrst llenors, aa thelr respectlve LntereEts nay appear.
Each policy of Lnsurance shall eontain a etandard uortgagee clausein favor of each flret lienor of a condoninlun unlt which shallprovlde that the loss, if any, thereunder shall be payable to Euchfirst llenor, as ltE l,nterest Day app€ar, subJect, hovever, to theloss palment pronlsions Ln favor of the lseoclation hereinafter setforth. AII polLcLes of Lnsurance agaLnet danage to the buildlng andfl.xturea ehall provlde that tosses shall be payable to and adJustedvlth the tssoclatl.on, aa attorney-ln-fact for the owners. The
Aegocl.atlon ehall hold and apply the proceedg of such lnsurance asset forttr ln thia Declaratlon. Each lnsurance policy shall provJ.dethat no cancellatlon tlrereof nay be nade by the lnsurance carrierwithout havlng firet given 30 dayer prior urltten notice thereof tothe Aasoclation, the onners and all first lienore, Each insurancepollcy ehall also contaln a iseverabLllty of interesti endorsenent,that provides l-n case of violation of any provlsion thereof by the
Associatlon or one or nore (but less than all) of the ouners, the
coverage of euch policy sball be suspended or lnvalidated only as tothe intereEt of the Aesoclatlon or the owner or ounera connittingthe vloLatlon and not as to the intereEt of any other olrner. Allpollclee of ptryeical damage insurance ehall contain waivers ofeubrogatlon and of any defense ,baged on eo-lnsurance. Dupllcateorlglnalc of all policlee of physical danage insurance and of allrenerale thereof, together with proof of paynent of premiums, shallbe delivered to all first lienorE at least ten days prior to
er<plratlon of the then current policies.
(c) llhe uaxinun replacenent val.ue of the buildlng(vhich ehall lndlcate the naximun replacenent value of eachcondoninl.un unit contained thereln), wlthout deduction fordepreciatl.on, shall be determined by the Association prior toobtalnlng any policy of fire insurance or any renewal thereof byleana of one or rore yritten appraisals or reports uade bycoupetent, dislnteregted appraisers, or by an insurance companyrepresentatlve; however, appraisalg need not be obtained Dorefrequently than at tno-year inter:rrals. Copies of such appralsals orreports shall be furnlshed to each orner and each firEt llenor of a
condonLniun unlt.
(d) Each owner shall be responsibLe for all insurancecovering loss or danage to personal property in his unit andliablllty for lnJury, death or danage occurring inside his unLt.Any such pollcy shall contain waivers of subrogation and shall beEo wrltten that the liability of the carrLers lssuing insuranceobtained by the Assocl-ation shall not be affected or dininished
thereby.
10. Apool.ntrnent of Attorney-in-Fact.Each oener by hlsacceptance ofLntereet ln aappoLnt (a) thetme and lawful
the deed or
condominiun
Associatl.onattorney in
other conveyance vesting in hin anunlt does irrevocably constitute andwlth full poner of substltutLon as hlshis nane, place and stead to deal with
14
auch Lnterest upon danage to or destnrctlon, obsolescence, or
condemnatlon of any bulldlng or real property as hereinafterprovi.ded, and (b) Declaratlon vlth full pover of substltutlon ashig true and lanful- attorney ln his nane, place, and etead to dealwith euch interest ln order to effectuate the reserirrationscontalned Ln Paragraphs 2, 3, r[ and 20 herel.n, each with fullpower, rlght and autlrorlzation to execute, acknowledge and dell.verany contract, deed, proof of loss, release or other instnrnentaffectlng the lnterest of such osner, and to take any other actlon,which the Assocl.atLon or Declarant lay conelder neceaaarlr oradvisable to glve effect to the provislons of thls Declaration. Ifreguested to do so by the Association or Declarant, eaeh onner shallexecute and deliver a written instrument conf iming suchappoLntnent. The actlon of the Aesoclation Ln settllng any dauageor condennatl.on claln Ehall be flnal and blndlngt on all owners. Noowner shall have any rlghts against the Aaeoclatlon or any of ltsoffLcere or dl.rectors sl-th respect thereto except in case of fraudor gross neglLgence.
11. Darnage or Destruction. In case of damage or destructionof the buildlng or any part thereof by any cause whatsoever:
(a) If ln the reasonable Judgent of the Associatlon,the proceeds of Lnsurance shall be sufficient to pay all of thecosts of repaLring and restoring the building, the Aaaociation (asattorney-in-fact for the owners) ehatl cause the bullding to berepai.red and restored, applying the proceeds of inEurance for thatpurPose.
(b) If ln the reasonable Judgrnent of tlre Assoclatlon theanticipated proceeds of insurance ire - not sufficient to pay thecosts of repairl.ng and restorl,ng the bulldlng, and lf the excess ofsuch costs over the antlclpated insurance proceeds, are less than20.0 percent of the nininum replacement value last deternined undersubparagraph 9(c) herein, then the AEEociation (ae attorney-ln-factfor the owners) eharl pronptly cau6e the building to be repilred andrestored, and the difference betseen the inEurance proceeds and theeoete of repair and reEtoration shall be a connon o<pense to beassesEed to all unlts and paid by all owners as provlded inParagraph 8 herein.
(c) ff in tlre reasonable Judgnnent of the Association theanticipated proceeds of insurance ire - not sufficient to pay thecoets of repal-rJ.ng and restorl.ng the building, and lf the excess ofeuch coEts are 20.0 percent or more of the naxinun replacement valuelaEt deter:nined under subparagraph 9(c) herein, then the Associatlon(as- _attorney-in-fact for the ovners) shall pronptly cause thebutlding to be repalred and restored, and the diiference between theinsurance proceeda and the costE of-repair and restoratLon shall be
lqseqse{ and pald as hereinafter provided; provlded, however, thatif within 1oo days after the date of such danage oi destrucilon aplan for repairing and restoring the buildlng Eharl be disapproved
15
and a aale of Buch bulldlng le approved by the owners ownlng 75.0percent or nore of the general coumon elenents and by 75.0 p€rcentof al.l flret lienors, the Aeeoclation (as attorney-ln-fact for the
ownera of condoninlun units) shall execute and record ln the Eagle
County, Colorado, real estate records a notlce of such facts, andthereafter ehall eell the entlre real property on which thebuilding ls located (lncludlng the bulldlng) together wlthreasonable easenente for ingrese and eftresi, 1l reguired, aa
deeigmated by the Assoclatl,on, free and elear of the provl.sLons ofthlg Declaration and the f,ap, shlch ghall rhol.ly terrulnate ande:rpire wlth respect to such property upon ttre cloelng of such sale.
The proceeds of insurance and the proceeds of such gale of the realproperty shall be collected by the Assoclatl.on, applled firet to thepalment of e:rpenses of the sale, and then divlded auong the owners
and paid Lnto separate accounts, each representing one unLt. TheinEurance proceeds Ehall be dlvlded according to the ownersl
reepectJ-ve percentage lnterestE therein ae shown by the LnEurancepolicies, lf eo ehovn, othezriee accordl.ng to the ownerer respectl.ve
Sharing Ratloe then in effect, and the proceeds of sale shall bedivided according to the ownersr respective Sharing Ratios then ineffect. The funds ln each account (vlthout contribution from one
account to another) shall be applied by the Aeeociation for thefollowlng purposes in tlre order lndlcated! (1) for palment of the
balanse of the lien of any first nortgage or deed of trust on the
condominiun unit; (if) for palment of taxee and speclal aesessnentliens In favor of any assesslng entity; (iii) for palment of unpald
connon expensesi (tv) for paynent of Junior liens and encunbrancesin the order of and to the extent of thelr priority; and (v) thebalance renaining, if iny, shatl be pald to the owner. Theprovlslons of this Paragraph shatl not be construed as linitlng ln
any lray the right of a first lienor (in case the proceeds allocatedunder (i) above shall be lnEuffl.clent to pay the indebtedness
Eecured by his lien) to assert and enforce the personal Liabllttyfor such deficiency of the peraon or persons reaponEible for palmentof such lndebtedneEE. If q'jthi:r 1OO days after the date of such
danaEe or deetruction a plan for repalrlng and restorLng a dauagedor destroyed bulldlng LE not dl.sapproved pursuant to thlE
subparagraph 11(c), the Ageoclatlon (as attorney-ln-f,act for auch
owners) shall prouptly cause euch repalrs and reetoratl,on to be nadeaccording to such plan, and the difference, tf ttry, between theanount of tlre insurance proceede and the costs of repair andrestoration strall be a coumon e:{pen6e to be assessed to all units
and paid by aII ownera as provided in Paragraph 8 hereln.
(d) Nothlng contained ln this Paragraph shall be
eonstrued as inposing any liability shatever on any first lienor topay all or any part of the costs of repair or regtoratLon.
12. Obsolescence.
(a) ff at any tine the ownerE of 70.0 percent or nore ofthe general comnon elenents and Z5.o percent of all first lienors
t6
shall agree that the bulldlng has becone obsolete.and ehall approvea plan tor Lts renovatlon or restoration, the Assoeiation (aEattorney-ln-fact for the ownera rlth lnterests ln Euch bull,dlng)shall pronptly cauae euch renovatlon or restoration to be nadeaccording to euch plan. All owners ehall be bound by the tems of
euch p1an, and the coate of the work shall be a connon ercpense to beasseseed to all unlte and pald by all oullera as provided lnParagraph 8 hereln.
(b) If at any tlre tlre osners of 70.0 percent or nore ofthe general comon elelente and 75.O percent of all fLrEt lLenorsshall agree that any of the inprovenenta conetltuting general connonelenente have becoue obsolete and ghall approve a plan for theirrenovatlon or restoration, the Aeeoclatlon -(le attorney-ln-fact forthe owners| shall pronptly cauae euch renovatlon or reetoratlon tobe nade accordlng to guch plan. All ornere ghall be bound by theterms of sucb plan, and the coets of the work ehall be a cbrnnon€xpenee, to be assessed to all units and lnld by paragraph 8 herein.
(c) ff at any tine the osners of 70.0 percent or nore ofthe general conmon elenenta and 75.0 percent of all first llenorsehall agree that the building has becone obEolete and should besold, the Aseoclatlon (as attorney-ln-fact for the owners) Elrallpronptly reeord ln the real estate recorde of Eagle County,Colorado, a notLce of auch facts, and shall sell the entlre realproperty, free and clear of tlre provleions of thls Declaratlon andthe llap, which shall rholly teminate and expire upon the closing ofsuch sale. lfbe proceeds of such sale shall be collected, appliedand divlded rrnong the ouners by the Association ln the nlnnerprovided in subparagraph 11(c) herlin.
13. Condennatlon.
(a) If the entire real property shall be taken for anypubllc or quasL-public use, under iny-statute, by right of, euinenlcloT?l{t, or by purchase ln lleu thereof, of tf any part of thebulldlng ghall be eo taken, or lf any part of the lCnd-ghall be eotaken and the part remining shall be ineufflclent for purpoEes ofPlaza Lodge CondonLnLuns, the Aseoclatlon (as attorney-Ln--act forthe owners) shall collect the anard nade in such taking and shallsel.l the part of the land renaining after the taklng, li any, freeand clear of the provieions of thle D'eclaration and-the l{ap. suchprovlsions shalr whorly terminate and o<pire upon the recording of anotice by tbe AssociatLon eetting forth al}- of such facte.- Theawal$ and the.proceeds of auch eale, if any, shall be collected,applled and divlded anong the ounerE by ttre Assocl.atl.on ln thenanner provided Ln subparagraph 11(c) here-in.
(b) If such taking shall be partlat only, and if therenaining part of the land shall be sufflclent for ttre purposes ofPraza rodge condorninluns, the condonlniun ownership hereunder sharlnot tetminate. Each ouner Ehall be entltled to a share of the
L7
condennation award to be deternined under the follotrlng provlsions:
(i) The total anount allocated to taklng of orlnJury to the general cornon elenents ghall be apportl.oned
anong owners on the baels of each ownerrs respectlve Sharlng
Ratio then Ln effect;
(ii) Tlre total atount allocated to severance danagesshall be apportloned to the ouners of those unLtg whl,ch werenot taken or condeuned on the basLe of each such ownerrs
reepective Sharlng Ratlo then in effect;
(iii) The reepectlve anounts allocated to the takingof or tnJury to a particular unlt or to lnprovenents an ottner
has nade wi.thin hie own unit shall be apportloned to the osnerof that partlcular unlt involvedi and,
(tv) The total amount alloeated to consequential
danages and any other taklng or lnjuries shall be apportioned
anong the ounera in proportion to their respective SharingRatloe then ln effect. If an allocation of the asard isalready eatabllshed ln negotlation, Judicial decree, orothemige, then ln aLlocatlng the award the Association shall
euploy such allocation. Distrlbution of apportLoned proceedsehall be nade by checke payable Jointly to the respective
ounerB and their respective first llenors.
(c) In the event a partial taking results in the takingof a unit, the oyner thereof shal} autouatically cease to be a
nember of the Association, and hlE ownership interest in thegeneral coumon elenents shall terninate and vest in the owners ofthe reuaining condorniniun unite. Thereafter, the Association shallreallocate the ownership and assessment ratios deternlned in
accordance rlth this Declaration according to tlre eane princlples
enployed ln this Declaration at lts inception, and shall subnit suchreallocatlon to the ownere of the remaLning unitE for the anendmentof thle Declaration.
(d) fn the event of a partial taking, the renalnlng partof the land shall be deened sufficient for purposes of Plaza Iodge
CondonlnlunE unless slthin 100 days after the date of such partialtaking the ouners of 7O.o percent or nore of the general connonelenents and 75.0 percent of all first lienors shaLl agree that the
renainlng part of the land shal1 be deened insufficient for purposesof Plaza Iodge Condominiuns, in which event the renaining part ofthe land for all purposes of this Paragraph 13 shall be deenedLneufflclent for purposes of Plaza l-odge Condominiuns.
(e) In the event that any portion of Plaza Lodge
CondoninLuns shaLl be nade the subJect natter of any condemnation or
emlnent donain proceedLng or ls othemise sought to be acquired by acondenning authority, then tinely vritten notice of Euch
18
eondennatl.on shall be gLven by the Assoclatlon to each owner andfirst lienor.
14. oualitv of Work. Any repaire, renovatlon or restoratl.onof the real property or any building covered by this Declaration bythe Assoclation as attorney-in-fact for the osners shall be done l,nguch nanner as to nake the real property or ttre bulldlng at least as
valuable after such york ae lt sas imedlately before the occurence
requlring the work to be done.
15. lnendnent or Revocation. (a) Ttrle lleclaration nay be
anended or revoked (i) by Declarant at any tlne prlor to the filingof the l,tap, and (ii) upon the wrltten approval ln recordable forn ofthe orners of 70.0 percent or Dore of the general connon elenents
and 75.0 percent of all flret lJ.enore, exeept that the provielons ofthls Paragraph 15, the provisions of eubparagraphs 2(a), 2(el , z(fr,6(a), 6(b), 7(c) and 8(a) herein and Exhibit B relatlng toLnterests in the general common elenents and the liuited connon
elementE nay be anended only upon euch approval of the ownere of
1oO.O percent of the general connon elements and all flrst lienors.It shall alEo be revoked in whole or in part upon sale of all orpart of the real property pursuant to subparagraph XX(c), L2(cl or
13 (a) herel.n.
(b) NotwithEtanding the provigions of subparagraph 15(a)
hereLn to the contrary, l-n the event of the conbination, divielon orpartition of a unit or unite pursuant to the resernrations set forthin subparagraph 2(el herein, the owner or owners of euch unLt orunits and the firEt llenor of such unit or unlts uay amend thisDeclaration to reflect a proportionate adjustnent, conblnatlon,division or partition between the resulting unitE and the owner orouners thereof wltb respect to the percentage oflnership in thegeneral connon elenents and the percentage of general connon
expenses attrlbutable to Euch resulting unite; provided, however,that any euch anendnent ghall not inr::rease or decrease thepercentage ownerehip ln the general couon elenents of, or thepercentage of such connon expenaes to be pald by, any orner not
Lnvolved in such conbinatlon, dl-vision or partltion.
16. Property for Connon Use.llhe Assoclation nay acqulre andhold for the use and benefit of all ounars, real property, as long
ag such real property is purchased at a foreclosure sale or Lf suchproperty ls to be used as a nanagerrs unit, and tangible andlntanglble personal property and nay dispose of the same by sale orotherrise, and the beneficial interest in any such property shall be
ogned by the owners ln the aane proportion aE their respectl.veinterests in the generat comnon elenents and shatl not betransferable except with a transfer of a condominiun unlt. Atransfer of a condoninium unit shall transfer to the transferee
ownershJ.p of the trangferrorrE beneficial interest ln auch propertywithout any reference thereto. Each owner may use Euch property inaccordance uith the purlxlse for which it is intended, wlthout
19
hlndering or encroachlng upon the lawful rlghta of, the other orrners,
The transfer of title to a condoul.nlun unlt under forecloeure shallentltle the purchaser to the beneflclal intcreet Ln euch property
asgoci.ated slth the foreclosed condoninlu! unlt.
L7. Reglstration by Oyner of l,laillng Addrese. Each osnershall reglster his nalllng address vlth tha AssocLatLon, and exceptfor uonthly atatenents and other routLne notl.ces whlclr rnay be eentregular nal.l , postage prelnld, addreeeed Ln tlre nane of the owner atsuch regiatered naillng address, all other noticeE or denandslntended to be senred upon an owner (rhether by the AEsoclation oranother owner) shall be eent certlfled uall , poatage prepaid,
addressed in the na[e of the owner at such regietered nailingaddress. All noticee, denande or othar notlceE intended to be
serxred upon the Assoclatlon shall be eent certlfied nail , postageprepaid, to the address of the AEeoclation as designated in the
Bylaws of the Assoclation.
1.8. DuratLon of CondoninLun Onrnershl-p. The separate estateEcreated by this DecLaratLon and the Map ehall continue untll thisD,eclaration shall be revoked or untlf it; provlsions slrall terninateas provlded hereLn
19. Architectural Control . No bullding, fence, wall or othergtructure shall be connenced, erected or maintained upon theproperty covered by the Declaration, nor shall any exterloraddition to or change or alteration to the bullding be nade untilthg lrlans and specLficatione showing the nature, klnd, shape,hetght, color, naterials, and locatiorr of the same shall trave blensubnitted to and approved in vriting aa to harmony of externaldesigm and location in relation to surrounding structures andtopography by the Board or by an archl.tectural connittee conposed ofthree or rore representatlves appointed by the Board. fn the eventthe Board, or Lte deeignated counl.ttee, fails to approve ordisapprove euch desigm and location ylthln thlrty days ifter saldplane and specifications have been subnl.tted to it, approval wlllnot be required and thLs Paragraph yiII be deened to have been fullycouplled with.
20,Elenents. lhe Associatlon shall have the ght to granteaaenent, lease, license or permit the use of, by less thanownera -or by nonowners and with or without charge as
byalI
theAeeociation Day deen deel.rable, any portlon of the geniral con'nonelenents or any condonlnlum unit owned by the Association. The
-rlghte ,grgnted to the Association in thls- paragraph Z0 shall onlybe used ln the pronotion of the collectlve beet interest of theowners.
2L. Restrictive Covenants and OblLgatl_ons.
(a) t{o Inneriling of Insurance.
20
No owner and no ownerrs
lnvltees shall do anlthlng or cauae anythl"ng to be kept ln or on thegeneral .corron elemente or the unLts (collectlvely called herein thercondominlul proJectil) that night result ln an increase in theprenlune of insurance obtalned for the condouiniun proJect or whichuiEtrt cauae cancellatlon of such lnEurance rithout the lrlor nrlttenconeent of the AsEoclatlon first having been obtalned.
(b) No Violatl.on of Law. lto ocner and no ornerrELnvltees shall do anyEhlng or keep anythlng Ln or on thecondoninlur proJect vhlch yould be inrnoral, lnproper, offensive orln vlolatlon of any etatute, trrle, ordlnancc, regrulatlon, permit orother valldly inpoeed requlrenent of any governnental body.
_ {c) llo Noxioue, Offenslve, Hazardous or AnnoyingActivitles. No noxLous or offensive activtty inaff be carried on
upon any part of the condoniniun proJect nor shall anything be doneor placed on or ln any part of the condonl.nirrn proJect vhich Ls ornay becoue an unreasonable nuisance, dieturbance or annoyance toothers. No activity sball be conducted on any part of thecondominium proJect and no improvements shall be made orconstructed on any part of the condoml.niun proJect shlch are orrlght be uneafe or hazardoua to any peraon or profuerty. The ownersacknouledge and agree that buelneee and cornmercial actlvitiesincluding, without linl.tation, restaurant and bar operations shallbe conducted in and on unl.tE numbered C-1 through c-6, inclusive,
?nd the. general connon elenents and that soDe annoyance andLnconvenience ls to b€ expected and tolerated. fhe ownerEacknonledge and agree that the units R-l through R-6, inclusive, areto be used for residential puryoses and that excessive noise,unslghtly dieplays, excessive and unpleasant odors and aII otherexcessive nuisances are to be avoided. Noise, smoke, odors or lightepeclfically pennitted by the Town of ValI ordinances, rules orregrulatlons adopted fron tine to tine, shall not be subJect tocoaplaint by any ovner.
- (d) No Unsiqhtliness. tfo unsightliness shall bepernltted on or ln any part of the eondouiniun proJect. Withoutllniting the -generallty of tne foregolng; nothing- etrltt be kept orstored on or in any of the general conDon elenentei nothlng shall be
hung_ or placed upon any of the general connon elenentEi and nothingehall b€ placed on or in windows or doors of the condoniniunproJect, wtrich would or night create an unsightly appearance.
te) Restriction on Aninals. No animals, livestock,horsee or poultry of any Iind shalt be kept, raised or bred rithin
?Ty. unit or vithin the general comnon elenents including, but notlinlted to, dogs, cats or other domesticated household ani-nals.
- (f) Trash and Unsightly Uses. Unsightly objects andnateriare shal-l not be placed upon ttre general counon elenents andno part of the general common elements nay be used as a dunplngground for garbage, trash or other waste, and the sare shall be
2L
dieposed of Ln a sanitary ranner. The Ageoclatlon shall have the
right to enter upon any of the general conmon elenents and to renove
such refuEe piles or other unslghtly obJects and material at the
expenae of the orrner causing the eane, and such entry ehall not be
deemed a trespass.
(g) No VlolatLon of Rulee. tfo orner and no ownerrsfanily, gueets, enployees, liceneees, Ieaeees, agente or lnvl.teeEshall vlolate the nrlee and regulatlons adopted fron tlme to tlueby the Aesociation, vhether relatlng to ttre uge of unlts, the ueeof general counon elenents, or othenlse.
(hl Town of Vall RestrictlonE on use. Pursuant to
Section L7.26.O75 of the t{unlcipal Code of the Town of Vail, the
use of the areaE designated on the Uap a8 R-2 lock-off, R-3 lock-off, R-4 lock-off and R-5 lock-off ie hereby restricted and nade
eubJect to the folloving:
(i) An ornerr6 personal uae of his or her
condoniniun shall be restricted to 28 dayE during the seasonalperlod of Decenber 24th to January lBt and February lst to
l{arch 20th. This seasonal period ls hereinafter referred to asihlgh seaBoni. iownerrs personal uset Ehall be defined as
ounerrg occupancy of a condonLniun unit or non-payLng qruest ofthe owner or taklng the condominiun unit off of the rental
market durLng the eeasonal periods referred to herein for any
reaaon other than for necesaary repairs shich cannot b€
postponed or vhich uay nake the condomlniun unit unrentable.
occupancy of a condonlnlun unit by an Association Danager orEtaff ernployed by the Association, however, ehall not berestricted by this subparagraph.
(ii) A violation of the ownerrs uae restriction by
an owner shall subJect the orner to a daily assessnent rate bythe AEeociatLon of three tines a rate considered to be a
reaeonable daily rental rate for the condoniniun unit at thetlne of the vl.olation, whlch assessment shen pald shall be aspeclal asseasuent belonging to the Association. AIl suns
agseesed agaLnst the osner for vlolation of the ounerrs
personal use restrictlon and unpaid ehall constitute a lien forthe benefit of the Association on that ownerrg condoniniununit, whlch lien shall be evidenced by written notice placed of
record ln the office of the Clerk and Recorder of Eagle county,
Colorado, and shich Day be collected by foreclosure, on an
ownerrs condoniniun unit by the Association in like nanner as a
nortgage or deed of trust on real property. lhe Associatlonrsfailure to enforce the owner.s personal use restriction shallgive the lown of Vail the right to enforce the restriction bythe assessuent and the lien provided for hereunder. ff the
Town of Vail enforces the restrictlon, the Town of Vail ehallreceive the funds collected as a result of such enforcenent.In the event litigatlon results fron the enforcement of the
22
restriction, as patr, of Lts renard to the prevaillng party, thecourt shall award such party itE court costs together wlthreasonable attorneyrs fees incurred.
(iii) The fown of Vail Ehall have the right torequire from the Association an annual report of osnerslpersonal use during the high seasonE for all condoninLun unite.
(iv) The condominiun unLts shall not be ueed aapermanent reeidences. For the purpoaes of thls subparagraph, aperson shall be presuned to be a per:nanent resLdent if Euclrperson has resided in the condomlniun unit for eix coneecutlveuonths notwithstandlng fron tlne to tlne durLng such slx Dontlrperiod the person nay briefly dwell in other places.
(v) lfhe condominiun units shall remain available tothe general tourist narket. If unsold by Declarant 3O daysafter recording of the litap, the unEold condonlnium unlts shallbe required to be furnished and made available to the generaltourist narket within 90 days after the date of recording ofthe l{ap. This requirement nay be met by inclueLon of theunits, at comparable rates, in any local resenration systen forthe rental of lodge or condoruiniun units in the Tosn of vail.
(vi) The uee of the area deEignated on the napas R-l lock-off has been restricted by an agreenententitled Declaration of Covenants, Conditions andRestrictions for Plaza Iodge dated Uay 6, 1986, andrecorded in Book 487 at Page 801, in the offices of theEagle County, Colorado, Clerk and Recorder. Ttre roonsdesigmated as 130 and 139 in such Agreenent correspond tothe areas narked as R-1 lock-off on the llap.
(vii) The restrictionE in thie subparagraph 21(i)shall be nodlfied or terminated, to be of no further force andeffect, at such tine as the ordinancee of the Tovn of Vail thatrequire the inclusion of such restrl-ctLons in thle lleclarationhave expired, been repealed, finally deternined to be invalldby a court of competent Juriadlction or anended In such ananner as to pernit renoval or nodificatlon of suchrestrictions. Declarant reser:\res to itself and Erants to theAssociation the right to nodify or terminate the restrictionsin this subparagraph 21(i) when permitted to do so under thecircunstances described in the pieceding sentence, and herebyagrees to so nodify or terninate the restrictions in thissubparagraph 21(c) when pernitted to do so by the Tosn of Vail.
Determination wlth respect to whether or not a particularactivity or occurrence Etritr constitute a violation- of thisParagraph 2L shall be nade by the Board and shall be final;provided, however, that a decision whether or not a particular
23
activlty or occurrence ocsurrLng on, in or around unltg C-l throughC-6, Lnclusl.ve, ehall constltute a violation of thie Paragraph 21,shall be lade only upon a reaaonable deternlnatlon based upon therequLrenents ltnltlng actlon of the Board aE eet forth in
subparagraph 6(b) hereln.
22. Effect of Provl-sLone of Declaratlon. Each provlslon ofthle llaclaration, and agreenent, prornLse, covenant and undertakingto conply vlth each provlslon of thls Declaratl.on, and any neceEsaryexceptlon or reEenratl,on or grant of tltle, estate, right orinterest to effectuate any provleion of thlg Declaratton: (1) shallbe deeaed lncorporated ln each deed or other Lnstrunent by whlch anyright, tltle or lnterest ln any eondomlnlun unit ie granted, devlEedor conveyed, rhether or not eet forth or referred to ln euch deed orother lnstrument; (ii) shall, by virtue of acceptance of any rlght,tltle or Lnterest Ln any condonLnlun unlt by an ouner, be deenedaccepted, ratlfj-ed, adopted and declared as a personal covenant ofsuch osner and, aB a peraonal covenant, shall be blnding on sucholtner and hle heLrs, personal repreaentatives, guccesaors andaseigns; and, shall be deened a personal covenant to, with and forthe benefit of the Aesociation and of eacb owner of any condominlun
lrnit; and, (lff) ehall be deemed a real covenant by Declarant, forLtself, lts auccesaors and assigma, and also an equltabLesenrLtude, runnlng ln each case, aa a burden sLth and upon thetitle to eaeh and every condoninlun unit.
23. Enforcenent and RenedieE. Each provLsion of ttrlsDeclaratl.on ehall be enforceable by the AEsociatlon or by any ownerby a proceeding for a prohlbitive or nandatory lnJunction andr/or bya Euit or actlon to recover danages. If court proceedings areinstituted in connection with the rights of enforcement and remediesprovided ln thls Declaratlon, the prevaLlLng party shall be entitledto recover lts costs and ocpenseE Ln connectLon therewith, lncludlngreasonable attorneysr fees. Failure by the Association or by anyowner to enforce any proviaion, covenaltt or restriction hereincontalned ln no event shall be deened a walver of the right to do sothereafter.
24. SpecLal Anendmente. Declarant hereby resewes and isgranted the rlght and lxrser to record a speclal amendnent (anspeclal Auendnentr) to thle Declaratlon at any tlne and fron tineto tine which anends thiE Deelaration (il to conply sithrequirenents of the Federal. lfational l.to*gage A6sociation, theGovernnental National l{ortgage Association, the Federal Hone I€anllortgage Corporatl-on; the Departnent of Houslng and UrbanDevelopnent, or any other publlc, quasipubtic or private entitywlrieh perfoms (or nay perfor:n in thC future) functibns sinllar tothoee currently performed by such entLtles, and/or (fi) to induceany of such agenclee or entlties to nake, purchase, sell, insure, orguarantee a uortgage coverl.ng tlre condoniniun unlts. In furtheranceof the foregolng, a pover coupled with an Lnterest ls herebyreserrred and granted to Deelarant to make or consent to a Speclal
24
Anendnent on behalf of each osner. Each deed, uortgage, trust deed,other evldence of obllgatlon or other Lnstnrnent affectlng a
condonlnlun unlt and the acceptance thereof shall be deened to be a
Erant and acknowledgeuent of, and a conaent to the resen atl.on of,the pofler of DeclaratLon to nake, execute and record a Speclallnendnent. No Special Anendlent uade by D,eclarant ehall affect orlupalr an existl-ng deed of trlat or nortgage upon a condonLnir:n unltor any sarranties nade by an owner or uortgagee ln order to l,nduceany of the above agenciee or entities to !ake, purchaee, ineure, or
gruarantee the uortgage on guch ownerrs condollnlun unit.
25. Reetrlctl-on on R.esale.
(a) If any owner of a condonlniun unit, other thanIleclarant, wlshes to getl such unlt and receives a bona fide offertherefor fron a prospectlve purchaser, the renaining owners shall beglven vritten notlce thereof, together wlth a true copy of suchoffer. Such notice and copy ehall be given to the Board ofDlrectors or the nanager lf so directed by the Board of Directorsfor all renainlng owners. The renainlng owners shall have the rightto purchaee euch unit upon the B€rme terns and conditlons aE setforth in euch offeri provLded, horever, that vrltten notice of suchelaction to purchase together wlth a natching earneet noney deposJ.tls given to the selllng ouner during the 20 day period imeai-tefyfollowing dellvery of the notlce of bona flde offer and copy of suchoffer. Thle right to purchaee by the renaining owners ehall not beapplicable to Eales by the Declarant. The nethod by which the Boardof Directors shall advlse the other ouners of such bona fide offer
and the netlrod for deteminlng which of the several renaining olrners3Ehall be entltled to purchase or lease such unit, if uore than onedeeire eo to do, shall be provided by the Board of Directors frontLne to tfuae.
(b) If any owner, other than Declarant, attenpts to sellhis condoninlun unit ulthout affording the other owners the right tcexerciee lta right of purchase hereunder, such eale ehall be null
and votd and aball confer no poEaeasory rlghts, no tltle or intereEtvhatsoever upon the lntended purchaser.
(c) ltre rlghts reserived herein shall not affect therights of an owner to eubJeet hiE interest to a trust deed, nortgageor other security instrunent, and this Artlcle 25 shall not appty tosuch tranefer.
(d) Failure of or refusal to exercl-se the right to sopurchase shall not constitute or be deened a yaiver of such right topurchase or lease when guch owner or any successor receives anysubsequent bona flde offer fron a prospective purchaser.
(e) This restrlction on resale, as provided hereln, shallextend and nrn for the period of the lives of Clark S. Willinghan
and Oecar Tang and the sunrivors of them, plus 21 years.
25
(f) In the event of any default on the part of any ounerunder any first nortgage whlch entltlea the holder thereof toforeclose the Bane, any sale under auch foreclosure, includingdellvery of a bona fide deed to the flrst uortgagee ln lieu of euchforecloeure, ehall be [ade free and clear of the provlaions ofArtlcle 25, and the purchaeer (or grantee under euch deed in lieu of
f,oreclosure) of such condolinLun unlt shall thereupon and thereafterbe subJect to the provisions of this Artlcle 25. If the purchaaer
followlng this forecloeure sale (or grantee under deed gLven Ln lleuof such foreclosure) eale shall be the then holder of the flret
nortgage or lts noninee, gaid holder or nonl.nee nay tlrereafter sell
and eonvey the condoninlun unit free and clear of the provLslons ofArtlcle 25, but lts grantee ehall thereupon and thereafter be
aubJect to all of the pronlsLone thereof.
(S) The following tranefers are also exenpt fron theprovisions of Article 25; provJ.ded, horever, that further tranEfersshall be subject thereto except as provided herein:
(1) The transfer by
deceased Joint tenantrs interesttenant(s).
operation of law of aof the sunriving Joint
(ii) The transfer of a deceasedrs interest to a
devisee by will or hl.s heirs at law under J.ntestacy lawe.
(1.1i) The transfer of all or any part of apartnerrs interest aa a result of vithdrawal , death orothenrlse, to the renaining partners carrying on thepartnership business and/or to a person or peraons
beconing partners. A transfer of all or part of apartnerrs or partnersr interests betseen one or norepartners and/or to persons beconJ.ng partners.
(iv) lhe tranefer of a eorporatl.onrs Lnteregt tothe persons for:merly owning the stock of the corporatlona6 the result of a dLssolution, or a transfer to theresulting entity followlng a corporate Derger orconsolldation; provJ.ded, however, that not less than 50.0tof the stock of the resulting entity is owned by thestockholders of the corporatLon formerly ownlng the
condoniniun unit.
(h) If an owner of a condoninium unit can eetablish tothe satisfaction of the Board of DirectorE that a proposed transferls not a sale, then such transfer shall not be subJect to theprovisions of Articte 25.
(i) Upon rrltten request of any prospective transferror,purchaser or an existing or prospective nortgagee of any condonLniununit, the llanaging Agent or Board of Directors of the Association
26
EhaII forthwlth, or where tLle Lr cpeclfled, at the end of the tine,lssue a wrltten and acknowledged certlflcate Ln recordable form,
evldenclng that:
(f ) with realnct to a proltosed Eale underArtlcle 25, that proper notl.ce vas glven by the eelllng
ouner and that the Aesociatlon dld not elect to exercisethelr rlght to purchaeei
(ii) l{itb reepect to a deed to a fLrst nortgageor lts noninee in lleu of f,orecloeure, and a deed frou
such nortgagee or lts nonLnee, pursuant to Sectlon (f)
above, that the deeds were ln fact glven in lleu of
forecloeure and vere not subJect to the provieions of
Sectlon 25;
(iif) nith respect to any contenplatedtransfer which Lg not Ln fact a aale, that the transfersill not be subject to the provisions of Artlcle 25i
(lv) Such a certificate shall be conclusive
evLdence of the factE contaLned therein.
26. General .
(a) If any of the provisions of thls DeclaratLon or anyparagraph, sentence, clause, phrase or uord, or the applLcationthereof ln any circunstance be lnvalidated, such invalidity shallnot affect the validity of the remainder of this Declaration, andthe appllcation of any such provision, paragraph, sentence, clause,phrase or sord in any other circumstancee shall not be affected
thereby.
(b) The provisions of this llecl.aration shalladdition and supplenental to the Condonlniun Oynerahip Act
State of Colorado and to all other provisiong of law.
(c) lftrenever ueed herein, unLess ttre contextothenrlse provide, the singular nunber shal1 lnclude thethe plural the singular, and the use of any gender shallall genders.
be inof the
ehall.plural,
include
(SEAL)
IN WITNESS W$EREOF, Deelarant has duly executed this
Declaratlon this ?.& day oi W , 1e88.
oPlaza Lodge AssocLates, Ltd., a
Colorado llnlted partnership
ark S.
BY:
27
SIATE OF COIPRADo
EAGI,E )
BB.
lng instrunent ras acknouledged before ne this S!*.
-,
1988, by Clark S. nlllinghau, aa a General
Lodge AssocLates, Ltd., a Colorado linited
and official seal.
ion explree: S\-r$O
consent of Deed of Truat Holder
The underslgned holder of a certain deed of truBt- upon theproperty coverediy tlrte Declaratlon, recorded in Bookl[lL at Page
132 ot the records in the office of the Eagle County, Colorado,
Clerk and Recorder, hereby consente to the foregoing Declaration and
subordlnates itE interest ln the property described therein to therights and obllgations created thereby. NotwithEtandlng such
consent and subordtnation, all the rights of Declarant in and to
such property shall renain encunbered by such deed of trust.
FIRSTBANK OF VAIL
(sEAL)
STATB Or COIORADO )) Es:
conNTy oF EAGLE )
*, {rrrorf, hoI)-,u
KAvin P. llcDonald, VJ-ce President
instrrrment waE acknowledged before ne this &, 1988, by Kevin P. McDonal.d, as Viceof Vall.
and official
Notary , /lz/-?o
EXIIIBIT A
(Attached to and nade a part of Condoniniun Declarationfor Plaza Iodge Condoniniu[s.)
LEGAL DESCRIPIION
A portion of LotE 9t h, i, J and k, Block 5-c VailVillage, First Filing, accordJ.ng to the recorded platthereof, County of Eagle, State of Colorado, and part ofLot f, Block 5-c, Vail Village, First FilLng, according tothe recorded plat thereof, County of Eagle, State ofColorado, uore particularly described as followg:
Cornrnencing at the Southwest eorner of said Ipt f; thenceEasterly al.ong the SoutherLy line of said Ipt f, adistance of 27.95 feet to a polnt of intersection vlth thewesterly side of a etairray and the true point ofbeginningi thence on an angle to the left of 86'O8r56n andalong said Westerly sJ-de, a distance of 3.OO feet to theNortherly side of eaid stainray; thence on an angle to therlght of 90'ooroon and qlong said Northerly side, adietance of 20.05 feet to the Easterly eidi of saidetairvay; thence on an angle to the right go.oorooft andalong said Easterly side, a distance of 1.65 feet to apoint on the southerly line of said Ipt F; thence on anangle to the right of 86'O8r56tr and along the Southerlyline, a distance of 20.10 feet, nore or less, to the trulpoint of beginning.
EXCEPTIONS TO TTTLE
1.. General taxes and assessments for the year 1987and for all subsequent years.
2. All local , state and federal building and zoningrules, regulations and ordinances including,wlthout linitation, use restrictions Eet forttrin lorn of Vait Subdivieion RegulationI?.26.075, as anended fron tine to tine.
3. Ttre terms, provisions, easemente, rights of way,restrictions, reservations, and covenantscontained in this Declaration and the Map.
4. Right of proprietor of a vein or lode to extractand renove his ore therefrom should the sane befound to penetrate or intereect the prenises asresenred in United States patent recorded iluJ_yL2, 1899, i.n Book 4g at page 4?5.
5. Right of way for ditches or canals constructed
Page 1 of 2
by the authorlty of the United States asresenred in United States patent recorded ilulyL2, 1899, in Book 48 at Page 4?5.
6. Restrictive covenants rhich do not contaln aforfeiture or reverter clause, but onittingrestrictions, if dtry, baEed on race, color,religion or national origin, as contained lninstru[ent recorded Augfust LO, Lg6Z, in gook 174at Page 179.
7. Tertus, conditions and provlsJ.ons of a perpetualeasement for ingrese and egreaa only forpedestrian and vehieular traffic ovei andacross Lot k as degcrl_bed ln docunent recorded
Decernber 2, L977, ln Book 263 at page 250.
8. Encroachment of rock planters onto Bridge Streetand planters onto t{all Street aa shown onImprovement Location Certificate by Eagle Val.leyEngineering & sunreying, Inc., aatla oitober ao,1985, and revised Novenber 12, 1995, Job No.1060.
9. Encroachment of building overhang and stairsonto a portion of Iot t, Block 5-c, Val_lVillage, First Filing, as shown on ImproveuentLocation Certificate by Eagle Valley fngineering& Surveying, Inc., dated October 30, 1995, JobNo. 1060.
10. Encroachment of deck and planters onto a portionof Iot 1, a resubdlvision of part of Iott a andc, Block 5-c and an encroachnent onto a portionof Int c, Block 5-c, Vail ViIIage, First Filing,as set forth in Inprovenent Location Certlficate
!v nagre valley Engineering & sur:\reylng, Inc.,dated October 30, 1985, and revised Hbvenber L2,1985, Job Fo. 1060.
11. Easements, reservations and restrictions asshoun or re€rerved on the recorded plat of Val.lVillage, First Fi1ing.
Page 2 of 2
.t
EXIIIBIT B
(Attached to and nade a part of Condoninlun Declarationfor Plaza Iodge Condoniniuns.)
Interests in General Conmon Elements
Percentage Orynership in
General Comon Elenents
Appurtenant to theUnit
25.42
21.60
o.37
1. 83
4.52
3.73
L2.L2
5. 15
5. 60
't.034.81
10.82
t o0. o0
The. onner-(s) of each unit sharl have the excrusive right to useany stairs, hallway, elevator, porch, balcony, deck, -patio orstorage area referenced on the uap rith the nulnirical'ae3ignationcorresponding -to the unit nunericlt designation of his uni1, inaeach such stairs, porch,'",! -,ony, deck, patio or atorage area shal1be a limited conmon_elenent, aJ'deslgria€ea on the uap, appurtenantto the unit(s) with the corresponding -unrt nunerical d;;i6iaion.
Unit
c-1
c-2
e-3
c-4
c-5
c-6
R-1
R-2
R-3
R-4
R-5
R-6
BYIAIVS
or
PIJIZA IODGE CONDoHI}TIU}T ASSOCIATION
ARTICLE I
offices
The principal office of the corporation (the ilAssociation")
sha1l be located in Vait, colorado 8i-65?. The Association may alsohave offices and nay carry on its purposes at such other placeswithin and outside the state of colorado as the Board of DirLctors
may from tine to tine determine.
ARTICLE II
Membership, Voting, Ouorum and proxies
L. Mernbership. The mehbers of the Association shall be asset forth in the articles of incorporation fron tirne to tirne.
2. Voting Rights. The voting rights of the members shall beas set forth in the articles of incorporation and in these bylawsfrorn time to tirne.
3. Ouorum. Except as otherwise provided in these bylaws, thepresence in person or by proxy of members entitled to vote 3O.Opercent or nore of the total votes of the nembers shall constitute aquorum.
4. Proxies. Votes may be cast in person or by proxy. Everyproxy must be executed in writing by the mernber or his dulyauthorized attorney-in-fact. No pioxr shall be valid after thaexpiration of eleven months fron the date of its execution unlessotherwise provided in the proxy.
5. Maiority Vote. At any rneeting of members, if a guorun ispresent, the affirnative vote of more than S0.O percent of the votesrepresented at the meeting, in person or by proxy, shall be the actof the members, unless the vote of a greater nurnber is required bylaw' the articles of incorporation, the condominium declaration (therrDeclaration'r) establishing the condoniniurn project at plaza Lodge
Condorniniuns (the rrpremisesr!), or these bylawt. -
ARTICLE III
Administration
1. Annual Meetincr. The annual neeting of the members shallbe held at a time designated by the Board of Directors or the fourth
Tuesday in the rnonth of Decenber, beginning with the year 1988, for
the purpose of electing directors and for the transaction of suchother business as may come before the meeting. rf the day fixed forthe annual neeting shall be a legal holiday in cololado, suchmeeting shall be held on the next succeeding business day.
^
2. Special Meetings. Special rneetings of the members, forany purpose, unless othenrise prescribed by statute, may be calledby the president or by the Board of Directors, and sharr be calledby the president at the request of the members entitled to vote 40.0percent or more of the total votes of the rnernbers.
3. Place of l-,Ieetinq. The Board of Directors may designateany place, either vrithin or outside cororado, as the plice foi anyannual meeting or for any speciar meeting called by the Board oiDirectors. A waiver of notice signed by all rnernbers entitred tovote at a meeting nay designate any place, either within or outsidecolorado, as the place for such meeting. rf no designation is made,
9f if a special meeting shall be called. otherwise thin by the Board,the prace of rneeting shatl be the principal office of theAssociation in Colorado.
.4. Notice of Meeting. Written or printed notice of anymeeting of the members, siating the pracej day and hour of thameeting, and the puqpose or purposeJ for whilh the meeting iscalled, sharl be deLivered personally or by mail to each me-mberentitled to vote at such meeting not less thln 10 nor more than Fodays before the date of the rneeting. rf maired, such notice sharrbe deemed to be delivered when depolited in the bnited states mair,addressed to the member at his address as it appears in the officeof the Association, with postage thereon prepaid. For the purposeof .d.etermining mernbers entitled to notiCe br or to vote }t - anyneeting of members, the Board of Directors nay set a record date foisuch determination of members, in accordance with the laws ofcolorado. rf reguested by the person or persons lawfurly callingsuch meetings, the secretary shal1 give notice thereof at torporateexpense.
_5. Informal Action bv Menbers. Any action reguired orpermitted to be taken at a-neetinq of the members may be takenwithout a meeting if a consent in wrlting, setting forth the actionso taken, shall be signed by atl of the members entitled to votewith respect to the subject matter thereof. such consent shalI havethe same force and effect as a unanimous vote of the menbers, andnay be stated as such in any articles or document filed witi tneSecretary of State of Colorado.
- 9: Yoting. In the election of directors, each menber shal1have the right to vote the nurnber of votes to which he is entitledfor as many- persons as there are directors to be elected, and forwhose election he is entitled to vote. cumulative voting sharl notbe allowed.
ARTICLE IV
Board of Directors
1. Number, Tenure and oualifications. The business andaffairs of the Association shall be managed by a Board of Directors.The Board of Directors shall consist of four directors, two ofwhich shall be Class A directors and two of which shall be a Cl-ass Bdirector. Each director, other than an initial- director, shall bean individual member, or a partner, trustee, officer, employee,director or 25.0 percent shareholder of an organizationar member. Aperson other than an initial director shall automatically cease tobe a director at such time as he ceases to be an ind.ividual mernberor a partner, trustee, officer, employee, director or 25.0 percentshareholder of an organizational- nember. Directors shall be electedannually at the annual rneeting. Each director shall hold officeuntil the election and gualification of his successor. This sectionl of Article IV sha1l not be amended without the vote of L00.0percent of the votes of the menbers.
2. Election of Directors. The Class A directors shall beelected by a rnajority vote of the Residential Members, as defined inthe articles of incorporation, who are entitled to vote at a neetingat which directors are to be elected. The Class B directors shallbe elected by a najority vote of the Commercial Members, as definedin the articles of incorporation, who are entitled to vote at ameeting at which directors are to be elected. This Section 2 ofArticle IV shall not be amended without the vote of l-00.0 percent ofthe votes of the members.
. 3. Resignations; Vacancies. Any director may resign at anytine by giving written notice to the president or the secretary ofthe Association. Such resignation shall take effect at the tirnespecifj-ed therein, and unless othenrise specj-fied therein, theacceptance of such resignation shall not be necessary to make iteffective. Any vacancy occurring the Board of Directors (by reasonof resignation, death, an increase in the number of directors orotherwise) may be filled by the affirrnative vote of a majority ofthe directors then in office though Less than a quorumi provided,however, that upon the death, resignat,ion or otherwise causedvacancy of the Class B director, the nelr director to fill suchvacancy shall be an individual Conmercial Member, or a partner,trustee, officer, employee, director or 25.0 percent shareholder ofan organizational Commercial Member. A director elected to fill avacancy shall be elected to serve until the next annual neeting ofthe members. This Section 3 of Article IV shall not be amendedwithout the vote of 100.0 percent of the votes of the mernbers.
4. General Po$rers. The Board sha1l have and nay exercise allthe powers of the Association except such as are expressly conferredupon the menbers, either in their capacity as members of tbeAssociation or as owners of condominiurn units (the ttUnitstt) located
on the Premises, byDeclaration or these
law, or by the articles of incorporation, thebylaws
Powers and Responsibilities. In addition toits general. powers, the eo.rd-Jnall have the authority and theresponsibility, acting through the Associationrs officers:-
(a) To administer and enforce the covenants, conditions,restrictions, easements, uses, lirnitations, obligations and alrother provisions set forth in the Declaration - submitting theproperty to the provisions of the condoninium ownership Act of tneState of Colorado.
(b) To establish, make, amend and enforce compliance wittrsuch reasonable house rules as may be necessary for the operation,use and occupancy of the prernises.
(c) To naintain in good order, condition and repair, andwhen it deems it necessary, to renovate all of the gerieral andlinited conmon elements, aJ defined in the Declaratijn, and allitems of personal property used. in the enjoynent of the premises.
(d) To obtain and rnaintain insurance in connection withthe Premises, the members, the Association and. holders of liens onunits in the manner and the amounts provided in the Declaration.
(e) To fix, determine, levy and coLlect annual andspecial assessments to be paid by each of the members to meet theconmon expenses (as defined in the DecJ.aration) and to create acontingency reserve therefor, all as specificaliy provided for j-n
Paragraph 8 of the Declaration.
(f) To collect prornptly all delinguent assessnents bysuit or otherwise and to enjoirr or- seek darnages- frorn a member as iiprovided in the Declaration and these bylaws.
(S) To protect and defend the premises from loss anddarnage by suit or otherwise.
(h) To borrow funds in order to pay for any expenditureor outray authorized by these bylaws and the Decraration, to executeall such instruments evidencing such indebtedness as the Board naydeem necessary or advisable.
(i) To enter into contracts within the scope of thelrduties and powers.
(j) To establish bank and/or investment accounts for theconmon treasury and for all separate funds which are required or maybe deened advisable by the goard.
(k) To maintain ful} and accurate books and records
showing atl of the receipts, expenses or disbursement of theAssociation. Any rnember or his first lienor, as defined in theDeclaration, may inspect such record.s at any reasonable time, andupon ten days| notice to the managing agent or Board and payment ofa reasonable fee, any member, first rienor or prospective nember orfirst lienor shal1 be furnished a statement of lucti present nemberrsaccount setting forth the amount of any unpaid assessments or othercharges due and owing frorn such present mernber.
(I) To prepare and deliver annually to each mernber astatement showing ar1 receipts, expenses or disbursernents since thelast such staternent.
(m) To take any action or enter into any agreenent thatnay be required as a condition to allow any first rGnol to sell hisinterest in any unit to the Federal National Mortgage Association,the Governrnental National Mortgage Association, tha Federal HomeLoan_ Mortgage corporation or the Departrnent of Housing and urbanDeveropment, which shaLr incrude, but not be lirnited- to, givingwritten notice to any such entity of any ross to, or taicin! of;general or limited common elements if such loss or taking ex-ceeds$10ro00 or.damage to a unit covered by a mortgage or deed of trustpurchased in whole or in part by any such entity exceeds gLro0o.such notice shall be sent in case of the pariy servicing suchmortgage or deed of trust.
6. l.Ianaqinq Aqent. The Board rnay enploy a nanaqJing agent forthe Association at a compensation estaulistrea by lne B-oard toperfonn such duties and services as the Board Ltratt authorizeincluding, but not lirnited to, the duties listed in section 5 ofthis Article IV.
- 7.- Reqular Meetings. Regular meetings of the Board nay beheld without call or formal notice at such lraces within the dtateof colorado, and at such times as the Board rnay fron time to tiure byvote deternine. Any business may be transacted at a regularneeting. untir further determinati-on, the regular meeting or- tneBoard for the election of officers and for such other business asmay come before the neeting may be herd without calr or fornarnotice iuunediately after, and at the same place ds, the annualrneeting of members, or any special ueeting df nenbers at which aBoard is elected.
8. Special Megtinqs. Special meetings of the Board nay beheld. at any place within coloiado at any time when calred by thepresident, or by two or more directors, it lease three daysr priornotice of the time and place thereof being gi-ven to each director byreaving such notice with hirn or at his rLsf.dence or usual place oibusinessr. or by mailing or telegraphing it prepaid, and addrLssed tohin at his post office addresJ al if appeari on'the books of theAssociation, or by telephone. NotLces neea not state the purposesof the neeting. No notice of any adjourned meeting of the
directors shall be reguired.
9. ouorum-- A rnajority of the nunber of directors fixed bythe. bylaws sharl constitute a quorum for the transaction ofbusiness, but a resser number rnay idiourn any rneeting from tine to
!*.".. when a quorum is present -at iny rneeting, a mljority of thedirectors in attendance sharI, excepf where "a larg6r nirnber isreguired by raw, by the articles of incorporation- or by thesebylaws, decide any guestion brought before sucir meeting.
Lo. waiver of Notice. Before, at or after any neeting of theBoard' any director may, in writing, waive notice of such-meetingand such waiver shall be deemed equivalent to the giving of suchnotice. Attendance )ry a director ai any neeting of the Board shalrbe a waiver of notice by him except when a director attends theneeting for the express purpose or bljecting to the transaction ofbusiness because the rueeting- is not raifulry -called or convened.
1L. Mgetings bv T.elephone. unless othervise provJ.ded by thearticres of incorporationf members of the Board oi any comrnitteethereof_rnay participate in a meeting of the Board or clnmittee bymeans of conference telephone or similar communications equipnent blrtliglr alr persons participating in the neeting can hear each otherat the same time. such partiCipation shall c-onstitute presence inperson at the neeting.
.t2- rnformal -Action by Directors. Any action required orpennitted to be taken at a -lneeting of the directors may be takenwithout a neeting if .a consent in driting, setting forth ihe actionso taken, shart be signed by all of the -directorJ entitled, to votewith respect to the subject rnatter thereof. such consent shalr havethe same force and effect as a unanimous vote of the directors.
ARTTCLE V
l-- ceneral . The officers of the Association sharl bepresident - (who shall be chosen frorn the members of the Board), oneor more vice presidents, a secretary and a treasurer. The Board ofDirectors nay appoint such othef officers, assistant offj.cers,conmittees and agents, includ.j-ng assistant secretaries and assistanttreasurersr. as tney may consia6r necessary or advisalre, wfio-rrr"rrbe chosen in such manner and hord their olfices for such terms andhave such authority and duties as from tine to tine may bedetermined by the Board. one person may hord any two offices,except that no person may simultaneously hord the offices ofpresident and secretary. rn all cases where the duties of anyofficer, -agent or eurployee are not prescribed by the bylaws or b|the Foard, such officer, agent or eurproyee shari follow the ordersand instructions of the pre-ident.
2 . Rernoval of Of f icers.najority of the rnembers of theeither with or without cause,regular meeting of the Board, orca11ed for such purpose.
Upon an affirrnative vote of aBoard, any officer may be removed,and his successor elected at anyat any special neeting of the Board
3. vacancieF. A vacancy in any office, however occurring,may be filred by the Board for the unexpired portion of the terrn.-
4. President.The president shall be the chief executiveofficer of
Association
control of
supervision
the Association. He shall preside at alI rneetings of theand of the Board. He shall have the general and activethe affairs and business of the Association and generalof its officers, agents and employees.
.?. Vice Presidents. The vice presidents shall assist thepresident and shaLl perform such dutieJ as rnay be assigned to then
!y ttt? president or by.the Board. rn the absence of thi president,the.vice_president designated by the Board or (if there be no suchdesignation) designated in writing by the president shall have thepowers ?nd perform the duties of the president. rf no suchdesignation shall be made, each and "iery vice president mayexercise such powers and perforn such duties.
6. Secretary. The Secretary shall:
_ (a) Keep the rninutes of the proceedings of the menbers,executive cornrnittee and the Boardi
. (b) See that all notices are duly given in accordancevith the provisions of these bylaws, the Declalra{,ion and as requiredby 1aw;
_ (c) Be custodian of the corporate records and of the sealof the Association and affix the seal to atl docurnents nhenauthorized by the Board bf Directors,.
(d) Keep at its registered office or principal place ofbusiness within or outside colorado a recora coitaininq til; nanesand registered addresses of all members, the designation ir tn. unitowned by each member, and, if such unit is encumbered by a mortgageor a deed of trust, the name and address of the party w-ho holds-thepromissory note secured by such mortgage or deed br trust;
(e) In general, perform all duties incident to the officeof secretary and such other duties as from tine to tine nay beassigned. to lrir by the president or by the Board. essiJtant-''secretaries, if any, shall have the sarne duties and powers, subjectto supervision by the secretary.
7.. Treasurer. The treasurer shall be the principalfinancial officer of the Association and sharl have the -care lnd
custody of arr funds, securities, evidences of indebted.ness andother . personal property of the Association .rra sha1l aeposit thesame in accordance with the instructions of the Board. He shatlreceive ald give receipts and acguittances for rnoneys paid in onaccount of the Association, and shall pay out of the -fun^as on tranaall. bil1s, payrolls and other just d"6tr of- the Association ofwhatever nature upon maturity. He shalr perform all other dutiesincident to the office of tie treasurer ind, upon request of.theBoard, shall make such reports to it as may ua reluirea it ""v li*".He shalr, if required by the Board, give ihe l==L"iation . 6orra it,such sums and with such sure.ties as shalr be satisfactory to trreBoard, conditioned upon the faithful perforrnance of nis auiies andfor the restoration to the Associaiion of arl books, papers,vouchers, money and other property of whatever kind in hispossession or under his control -ueloirging to the Association. Hesharl have such other powers and perforrn sucn other duties is may uefrom time to time prescribed by the Board or the president. Theassistant treasurer=, . if any, sh-all have the same poiers and duties,subject to the supervision oi the treasurer.
ARTICLE VI
obligati-ons of the Menbers
l-. Asqessments. Each member sharl pay his share of arIassessments imposed by the Association to rneel 1ne conmon expenses.Each assessnent shatl be allocated among the mernbers on the basis oftlglt sharing Ratios, as defined in fn" Decraration, "*""pt
-itr.t
with respect to unoccupied units owned by Declarant, the assdciationshall assess Dec'larant only if the assessments assessed with respectto all units not owned by Decrarant or occupied by Declarant areinsufficient, in which cise Declarant sharl be assessed for arrunits owned and unoccupied by it in the "qg="git", an amount egualto the amount required to neet actuar exf,dttr6= of the Associatj:onnot to exceed an arnount equal to the pro rata share of the conmonexpenses Declarant would be required to pay if al_l of the unitsowned by it were occupied. rf a unit is-owned by tlro or moremembers, each of such co-ohrners shall be jointly and severarryliable for the portion of the assessment attributable to such unit.Assessments shall be due and payable on the date or dates speciiieain the assessment notice. ail- unpaid assessm"rrtr r"y bear a latecharge at a rate detennined by the Board from tine to €irne and shallbe secured by a lien on the unit owned. by the defaurting *"rb"i; ittaccordance with the provisions of the Dec-laration.
2. Maintenance and Renair.or cause to be perforned at hisrepair work within his own unitnecessary to maintain such unitrepair.
(a) Every nember sha1l performoltn expense all maintenance and(as defined in the Declaration)in a good and habitable state of
(b) A11 repairs of internal installations in a Unit such
8
as water, _ 1ight, 9ds, power. sewage, telephones, air conditioners,sanitary installations, doors, windows, erectrical fixtures and al1other accessories, equiprnent and fixtures belonging to a unit shallbe at the memberrs expense.
(c) Each mernber sha1l reirnburse the Association pronptlyupon_receipt of its statement for any expenditures incurred by it i;repairing or, replaeing.any general oi rinited common ele:nent danagedby the negl_igence or intentional acts of such rnemberl his faniry,tenants or i-nvitees.
. 3. Compliance with Declaration. Artic1es. Bv1aws and Rules.Each member sha1l conply with all of the provisions oi JneDecraration, the articles of incorporation ana byraws of theAssociation and any rules and regulations issued by thL Board. rf amember fairs to cornply, the Association shall have the power, duringth? .period of such delinquency, to suspend a memler,s' votingprivileges.
ARTICLE VTT
Evidence of Ovrnership, Registration ofMailing Address and Lien Holders
-1. Proof of ownership. Except for those members whoinitially contracted to purchase a unit from the Declarantr anyperson on becoming a member shalr furnish to the Association aphotocopy or a certified copy of the recorded instrument vestingthat person with an interest or ownership. such copy shalr renaiiin the files of the Association. A roernbei shall not be deemed to bein good standing and shaLr not be entitled to vote at any annual orspggi?+ _meeting of members unless this requirement- is firstsatisfied. The Association may issue nembership-certificates to itsmernbersi however, such certificates sharr not be deemed to be sharesof stock in the Association.
2. Recristration of Mailins Address. If a Unit is owned bytwo or more menbers, such co-owneri inarr designate one address asthe registered address required by the Declarat-ion. The registeredaddress of a member or menbers shall be furnished to the secretarywithin five days after transfer of title, or after a change ofaddress, and such registration shall be in written forn and slgneaby alr of the members or by such persons as are authorized by lai torepresent the interest of such nrembers.
?. I,iens. Any menber who nortgages or grants a deed of trustcovering his unit shalL notify the Board of the nane and address ofthe mortgagee or beneficiary of the deed of trust and shall fileconformed copies of the note and security instrument with the Board.The Board sharl maintain such information in a book entitled nr,iens
on unitsrf. The Board, when giving notice to a menber of default inpaying an assessment or other delault, shatl send a copy of such
notice to each mortgagee or beneficiary of a deed of trust coveringsuch memberts unit whose nane and iddress has theretofore. beenfurnished to the Board. First lienors, as shown in the Liens onunits, shall have the right to examine the books and records of theAssociation at any reasonable tirne.
1. Address of the Associ_ation.Association
address may
members andin Liens on
ARIICI,E VII
shall be 29i- Bridge Street, Vail ,be changed from tirne to time uponall mortgagees or beneficiaries- ofUnits.
The address of the
Colorado 8l-567. Suchwritten notice to all
deeds of trust listed
Members shall have the right irrevocabry to constitute andappoint the nortgagee or the beneficiary of a tirust deed their trueand lawfur attorney-in-fact to vote tfieir unit roembership in theAssociation at any and alr rneetings of the Association and to vestin-the rnortgagee or the benefi-cialy .ny and a1l rights, lii.rir.g""?nd powers that they have as urembers under the arlicles 'of
incorporation and these bylaws or by virtue of the Declaration.such proxy shall become effective upo-n ttre firing of noti-ce by themortgagee or the.beneficiary with t-he secretary ot the Associitionat such time or times as the mortgagee or the bdneficiary shalr deenit: security in_ jeopardy by reason of the failure.'""-gil"r' "trefusal of the Association, the Board or the members'to cirry outtheir duties as set forth in the Declaration. A release oi themortgage or the beneficiaryrs deed of trust shal_l operate to revokesuch proxy. Nothing herein contained shall be construed to relievemembers, as mortgag'ors, of their duties and obligations as owners ofunrEs or to rmpose upon the mortgagee or the beneficiary of the deedof trust the duties and obliqations of a member.
ARTICLE IX
Indennification
1. Definitiolrq. For purposes of this Article IX, thefollowing terms shall have the inea-nings set forth below:
(.) ProceediJrg. Any threatened, pending or completedaction, suit or proceeding, whelher civil, criirinal ,-adninistiativeor investigative and whether formal or inforrnal;
(b) Tndernnified partv. Any person who is or rras a partyor is threatened to be nade a part do any proc""ai"e-ui-i""=6"-"ithe fact that he is or was a diiector or o-rricer of t-he issociationotr whiLe a director or officer of the association, is or wasserving at the request of the association as a d.irector, officer,partner, trustee, enployee or agent of another corporation,
10
partnership, joint venture, trust or other enterprise, includingwithout lirnitation any employee benefit pran of the association forwhigh. any such person is -or was seiving as a trustee, pranadrninisLrator or other fj_duciary
2- rndennification. The association shart indernnify anyrndemnified Party in any proceeding to the fullest extent p"riitteaby law.
.3. fngurance. ^ By action of the Board of Directors,notwithstanding any interest of the d.irectors in such action, theassociation may purchase and rnaintain insurance, in such u*o.,rrtr ."the.Board may_deem.appropriate, on behalf of any rndemnified partyagainst aly liabirity aslerted' against him and'ir,"nr""d uv ttir- i"his capacity of or arising out of his status as an rndernnified.Party, whether or not the association would have the por/er toindemnify hirn against such liability under applicable provfsions oflaw.
4-.. Right -to rrnpose conditions to rndemnification. Theassociation shall h.y9 the ii to anyindernnification provided or p-errnitted -in ttri= ArticLe rX, suchreasonable requirements and conditions as to the Board. of Directors
Tay_ a-ppear appropriate in each specific case and circurnstances,incruding but not_ lirnited to.any one or more of the following: (a)that any counsel representing tne person to be indeurnified 'in
connectj-on with the defense or lettlemlnt of any proceeding sha1l becounser mutualry agreeable to the person to bL indernnifiid and tothe association; (b) that the assoCiation shall have the right, atits. option, to assume and control the defense or settlernent of anycrain or proceeding made, initiated or threatened. against the personto be indernnified; and (c) that the association strait be subrolated,to the extent of any palanents nade by way of indernnification, {o aliof the indernnified perion's right of rdcovery, and that the personto be indernnified shall execute all writirijs and do everltningnecessary to assure such rights of subrogation to the associat-ion.
ARTICLE X
Arnendments
. L. Bv Directors. Except as by law, the articles ofincorporation, the Declaration of th""e byiaws limited, "i ""rritteato_action by the members, the Board shall- have power to nake, anendand repeal the bylaws of the Association at an| regular neeilng ofthe Board or at any speciar meeting carled. for €hat fiurpor" at wiricha quorum is represented. However, if the menbers siari make, amendand repear any bylaw the directors shall not thereafter anend thesame in such manner as to defeat or inpair the object of the membersin taking such action.
The menbers nay, by the vote of the holders of
L1
2. Members.
at_reast.50.0 percent of the votes of the mernbers, unress expresslynade subject to a higher voting reguirement by 1aw, the artilres ofincorporation, the Decraration or lhese byJ.ais, mik", ar["r, -ilnena
and repeal ,the byraws of the Association af any annual rneeting or atany special meeting calIed. for that purpose at which " q""*ti snarrbe represented.
?. Conflict with Declaration.Notwithstanding anythingcontained herein to the contrary, ttrese bylaws shalr not be amended
I: bring any. provision herein into conflict with any provision ofthe Decraration. These bylaws, as amended from tirne io time, shallremain subject to the Deilaration and this section 3 of ariicle xshall not be amended or deleted except by a vote of L00.0 percent ofthe votes of the rnembers.
ARTICLE XI
Miscellaneous
. 1. seal . The corporate seal of the Association sharl becircular in form and shall contain the nane of the corporation, theyear of its organization and the words nSeal , Colorado.,l
2. Right of Entry. The manager and any person authorized bythe Board of Directors shalr have the right to- enter each unit incase of any emergency originating in or threatening such unitwhether or not the owner or occupan{ is present at the t1rne.
_ 3. Fiscal Year. The fiscal year of the Association shall besuch as nay from tine to time ba estabrished by the Board ofDirectors.
.4- services. Attached hereto as schedure A is a list ofservices provided by the Association, which are paid for out tr tn"periodic assessment.
5. Assessment. Debts, obligations. Attached hereto asschedule B is a statement inai-itrng what assessments, debts, orother obligations are assumed by a nelrber on his Unit.
6: Recreati-on .Facilities. There are presently no existingrecreational facilities at and there are n6 pJ.ans to constructrecreational facilities as part of the premises.
, 7 - N"r Additior" of Getrer"l and Lirnited cornmon El"m"nt=.There are presently no plans to con otgeneral-. and limited common elernents to the premises.
L2
SCHEDULE A
Services Provided B The Association
1. Lawn and grounds care.
2.
3.
Snow removal from sidewalks, stairs and nallareas which are part of the general conmonareas.
Trash rernoval .
Water and sewer service to the units and as usedin connection with general conmon elements.
Electricity for lighting and heating of general
conmon elements.
Adninistration, bookkeeping, legal and audit
Insurance, as more fully described in paragraph
9 of the Declaration.
AII other ordinary maintenance, repair work, andservices related to the general conmon elenentswhich nay be necessary.
The services set forth herein are the initialservices to be provided by the Association. TheAssociation may, frorn tirne to time, add to orsubtract from the list.
4.
5.
6.
8.
SCHEDULE B
1. Assessments- Each member wirr be assessed by theAssociation his pro rata share of the conmon expenses attribirtableto each unit owned by hiur. such proration shall be on the basis ofsharing Ratios, as defined the Declaration, on the date the "o**otexpense is assessed, except that with respect to unoccupied unitsowned by Decrarant, the Association shall assess Declarai-rt onJ_y ifthe assessnents assessed with respect to ar1 units not ortn"d byDeclarant or occupied by Declarant are insufficient, in which caseDeclarant shall be assessed for al1 units owned and unoccupied by itin. th_e aggregate, an amount eguar to the amount reguire-d to ireetactual expenses of the Association not to exceed an amount eguar tothe pro rata share of the conmon expenses Declarant wourd bereguired to pay if all of the units o-lrned by it were occupied.special assessments- may be levied whenever in the opinion oi tn"Board of Directors it is necessary or advisable to do Jo (i) to meetincreased operating or maintenance expenses or costs, '(ii) toprovide for additional capital expenses, or (iii) uecause ofemergencies; however, if the proposed additionar capitir expenses atany given time are in excessLt-$so,o00.oo in the iggreqati for anycalendar year, such expenses may be incurred onry after the members,by the vote of the horders of at least 70.0 perient of the votes ofthe rnenbers, approve such expenses.
2. Debts. All suns assessed but unpaid for the share ofcommon expenses assessed to any unit s.haIl constitute a lien on suchunit in favor of the Association. This lien is more furry describedin subparagraphs 8(e) and 8(f) of the Declaration.
. 1: obligationg. (a) Although Decrarant does not anticipatethat the members wirl purchase their units subject to any rilns,except for the lien irnposed by raw for real prope-rty taxes Gvied onthe unit for the year in vhich the unit is lurc-hasea, there areliens irnposed by the l-aws of the united statis and the state ofcolorado which nay not appear of record. Each prospective member isadvised to avail hirnseli of a title insurance- corimitment prior toclosing of title on a Unit.
(b) Each member . may nortgage his Unit and the mortgagemay cover such memberrs interest in general and lirnited corunonelements. Hosrever, except for nechanic-rs liens, assessment liens,
9l lSxrliens, no other liens may be obtained against the general orLinited conmon eLements.
ARTICLES OF INCORPORATTON
OF
PIJ\ZA IODGE CONDOMINIUI,I ASSOCIATTON
The undersigned, desiring to establish a nonprofit corporationpursuant to the colorado Nonprofit corporation Act, herebycertifies:
ARTICLE I
The name of the corporation shalll be:
ASSOCIATION.
PLAZA IODGE CONDOMINIUM
ARTICLE II
The corporation shall have perpetual existence.
ARTTCLE IIT
_ - (a) PufpoFes. The objects ani[ purposes of the corporationshall be: (i) to provide for the care-, ript<eep and supervision ofPlaza Lodge Condorniniutns in Eagle County, Cotoriao (the -rpremisesn),
as further described in a condorniniurn declaration recorded in the!"s1" county rear,property records ancl al-r amended and supplementaldeclarations filed from time to tirne (the "Declaration,r) ^ includingthe general conmon elements and irr recreational facilitiesmaintained thereon from time to time (if any); (ii) to regulate andcontror the relationships between the owners litre rrow-nersrr) ofcondominium units (the tunitsrr) on the premises in connection withtheir ownership of the units; tiii) to provide for the pleasure andrecreation of the ownersi and (iv) to piourote the best interests ofthe owners for the purpose of securing for thern the fullestutilization and enjolnnent bf tne premises. -
(b) Powers. In furtherance of the foregoing pu{poses, butnot_ otherwise, the corporation (which is sorietirneJ hLreinaftercarled the Association) shall have and may exercise all of thefollowing powers:
(i) Real and personal propertv- To acquire, by gift,purchase, trade or any other rnetnoa, own, operate, -bui1d, inaiag",se}1, develop, encumber, and otherwise deal- in and with reat inapersonal_ property of every kind and character, tangible andintangible, wherever- located, and interests of every sor! therein;however, the Association may not seek to abandion, partition,subdivide, encumber, sell or dransfer any lJeneral or linifea conmonelements (as defined in the Decrarationf fitnout the prior writtenconsent of at reast 75.0 percent of all first lienors (is defined inthe Declaration) and the owners of zo.o percent or more of thegeneral cornmon elements, except that the Association may granteasements, leases and ricenses consistent with the intended. uie of
the such common elements and as perrnitted by the Decraration.
(ii) Borrowinq. To borrow funds or raise moneys in anyamount for any of the purposes of the Association and from tirne totime to execute, accept, endorse and deliver as evidences of suchborrowing, 1ll kinds of instruments and securities, including, butwithout limiting the generality of the foregoing, promissory -r.rlt*=,
draftsr bills of exchange, warrants, bonds, debentures, -property
certificates, trust certificates and other negotiail6 ornonnegotiable instruments and evidences of indebtednLss, and tosecure the palnnent and perforrnance of such securities by mortgage
. on' or pledge, conveyance, deed or assignrnent in trust of, the wioieor any part of the assets of the Association, real , personal ormixed, including contract rights, nlrether at the timL owned orhereafter acquired.
_ (iii) Contracts. To enter into, make, anend, performand carry out, or cancer and rescind, contracts, leases, perrnits andconcession agreements for any lawfull purposes pertaining to itsbusiness.
(iv)_ Guaranties. To rnake any guaranty respectingsecurities, indebtedness, notes, interestf contracts or otherobligations created by any individual, partnership, association,corporation or other entity, and to secure such 'guaranties biencunbrance upon any and atl assets of the Association, to thaextent that such guaranty is made iln pursuance of the purposesherein set forth.
(v) Loans.forth abovei to investhold real and personal
loaned or invested.
To lend money for any of the purposes setits funds from time to time and take andproperty as security for payment of funds so
(vi) Assessments. Io levy annual assessments and specialassessments ^ against the owners for conmon expenses (inctuaing,without lirnitation, the costs of repairing and riaintaining generilconmon elements and utility charges vhich are not charged directlyto the owners by the utility company), to charge interelt on unpailassessments and to collect dues, fees and interest in accordlncewith its.bylaws, and to enforce liens given as security for suchassessments, dues, fees and int,erest.
(vii) General powers. To do everything necessary,suitabre.or proper for the-acconptishment of any of t-he purposes,the attainment of any of the objects, or the furiherance 6r iny orthe powers above set forthr either arone or in connection -oritn
other corporations, firns or individurals, and either as principaror agent, and to do every act or th:ing incidentar or appurtenantt9r or growing out of, or connected wittr any of the -lforesaid
objects, purposes or powers.
(viii) Rulemakinq. To make and enforce rules andregulations with regard to the management and operation of thePremises.
(ix) Management, maintenance and repair. To provide forthe managenent, maintenance and repair of thJ premises. -
(x) Mortsaqe purchasers. To take any action or enterinto any. agreement that rnay ue fequired as a condition to allow anyfirst lienor to se}l hia interest in any unit to the Federal-NatioTal . Mortgage Association, the GovernmJntar Nationar MortgageAssociation. the Federal Home Loan Mortgage corporation or -the
Department of Housing and Urban Developrnent.
_(xi) Powers conferred by law. The foregoing enumerationof specific powers shall not riuriE oi restrict in an-y nantt"r thegeneral pouers of the Association and the enjoyment lnd exercisethereof as now or trereafter eonferred by the laws'of colorado.
(c) Restrictions upon purposes and powers. The foregoing
PYrPgse? and powers of the Association are subject to the followi.ngl irnitations :
(i) That the Association shal1 be organized and operatedexcrusivery for pleasure, recreational and 6ttrer nonproiitablepurposes as set forth in section 501(c) (z) of the rnternal Revenuecode of l-986, as it is now or may hereafter be amended, or in anycorresponding provision of any future law of the united states oiAmerica providing for e:iemption of sinilar organizations from incometaxation; and
. (ii) That, no part of the net earnings of the Associationshall inure to the benefit of any mernber.
(d) Dividends, Distributions, etc. The Association shall notpay any dividends. No distribution of the corporate assets tomembers, as such, shall be made untir arl corporatt detrts are paid,
"19. tr,91 only upon fina] dissolution of the Associatj-on by theaffirrnative vote of at reast 25 percent of the votes of all of themembers at any regular or special rneeting cal-led for that purpose atwhich. a quorum shall be represented. upon such dissol--utfon anddist_ribution, the assets renlining after piyment of arl debts shallbe distributed among the mernbers of the -AJsociation in accordancewith the ownersr rrsharing Ratio'as defined in paragraph l-(l-) of theDeclaration.
ARTICI,E IV
The operations of the Association shall be conducted at suchplaces within or outside of the united states as may from tirne totine be determined by the board of directors. The address of theinitial registerea ana principal office of the corporation is 2gL
Bridge street, Vair, colorado 8l-657. The name of its initialregistered agent at such address is Clark S. Wi11ingnan. -
.-
ARTICLE V
(u) Members. Any individual, corporation, partnership,association, trust or other legal entity or ionbination-of entiti-esovning an undivided fee slrnple iiterest in a unit, shallautomatically be a rnernber of the Association. such mernbershipshall be continuous throughout the period that such ownershi-pcontinues. A mernbership sha1l terrninaie automatically without anyAssociation action whenever such individ.uar, organiz.iion or groupceases to own a Unit. Termination of rnembership shall not reiieveor rele-ase aTry former member from any riarility or obligation
_incurred by virtue of or in any way connected witfr ownership- of aunit' or irnpair any rights or- rerr-edies which the Association orothers nay have against such former owner and member arising out ofor in any way connected with such ownership or membership.
(U crasses of membership. The Association shall have thefollowing classes of rnembershipl
(i) rndividgal menbership. Any individ.ual acguiring suchan interest in a unit srrari autonraticitty become an individuarmember of the Association.
. (ii) orglniFational nemberstrip, Any corporation,partnership, association, tru=f oi-EttrEi- Iegal dntity -acguiring
such an interest in a unit shal] automatically becdme anorganizational member of the Association. Each o-rganizationalmember shall from time to tine designate one or more individualswho may represent it at meetings and vote on beharf of such member.The secretary of the Association sha]l maintain a list of thepersons entitled to vote on behalf of such member, and untit theAssociation is notified to the contrary, any action taken by suchpersons purporting to act on behalf oi the organizational inernbershall be binding on such member.
(c) Number of votes. The totar number of votes of al_l nembersshall- be 1.01000. Each menber sharl be entitled to cast one vote atarl neetings of members for each . 01 percent of interest in thegeneral conmon elements of the prernises appurtenant to the unit (asdefined in the Decraration) owned by siia menber, said interestbeing deterrnined by the owner's sharin-g Ratio. Each member who is aco-orlner of a unit (including a joint tenant) shalr have the rightto. vote. onry a number of votes egual to the product of his undividedinterest in a unit rnultiplied by the total number of votesappurtenant to the unit. For purposes of this paragraph, eachjoint tenant of a unit shall be deelned to own an undivid.ed interestin his unit equal to r.0o percent divided by the total number ofjoint tenants.
(d) Amendment. This Articre V rnay be amended only by theunanimous vote of all members.
ARTTCLE VI
. (a) Board of Di.reclors, The controL and management of theaffairs of the Association and the disposition of its funds andproperty shal1 be vested in a board of directors. The number ofdirectors shalt be four. Two of the dir.ectors shall be denoninated.as class A directors and two of the d.irectors as a class B director.The class A directors sharl be elected by a rnajority of thosernembers (the 'tResidential Members'r) owning units tliat, lursuant tothe Declaration, are to be used and occupiLd soleIy ror -dwelling orlodging purposes, and who are entitred to- vote at a neeting at wfricndirectors are to be elected. The Residential Members shall have thesole right to vote for and el-ect the Class A directors and to removeany class A director with or without cause at any time. The class Bdirector sharl be elected by a rnajority vote of- those menbers (therrcommercial Membersrt) owning uniti that, pursuant to theDeclaration, are to be used lnd occupied solel-y for office orcomrnerc_i.al purposes, and who are entittla to vote at a meeting atvhich directors are to be elected. The commercial Memhers s-harrhave the sole right to vote for and elect the class B director andto remove the class B director with or without cause at any time.Curnulative voting shall not be allowed in the election of di-rectorsor for any other purpose. The names and addresses of thoseconprising the first board of directors, to serve until theirsuccessors shal1 be duly elected, are as follows:
CT,ASS A DIRECTORS
David DiLlard
Frankie Tang
Old Greenwich, Connecticut
100 Park Avenue
New York, New York 10017
CI,ASS B DIRECTORS
Clark S. Willinghan
Oscar Tang
300 Crescent Court, 7E'r- FloorDallas, Texas 752OL
L00 Park Avenue
New York, New York 10Ol_7
_ (b) Execqtive Comrnittee. The board of directors may byresolution designate tuo or rnore of their number to constitu€e anexecutive committee shich sharl have and exercise alr of the powerof the board of directors in the management of the businesJ andaffairs of the Association or such lesser authority as may be setforth in such resorutj-on. No such delegation of -authority shal1relieve the board of directors or any nemler of the board f?on anyresponsibility inposed by law.
(c) Liability of Direqtors. A director of the corporationshall have no personal liabirity to the corporation or its'menbersfor monetary damages for breach of fiduciairy duty as a director;provided, however' that this provision sha1l iot eiiminate or limitthe liability of a director to the corporation or to its m€mbers formonetary damages resulting from (i) any breach of the directorrsduty of loyalty to the corporation or to its members, (ii) acts oromissions not in good faith or which involve intentionai rnisconductor a knowing violation of law, (iii) acts specified in section 7-24-111. (c-R.s.), or (iv) any transaction irorn which the directorderived an improper personal benefit.
. (d) Amendrnent. This Article vr may be amended only by theunanimous vote of a1l mernbers.
ARTICLE VII
The Association sharl have such officers as may from time totime be prescribed by the bylaws. Terms of office and the manner ofdesignation or selection of officers sharl also be determinedaccording to the bylaws frorn tirne to tine in effect.
ARTICLE VIII
The board of directors shaLl have power to appoint a managier,which may be a corporation, to carry on day-toiiay rnaintenaice,repair and service functions for the i,ssociation. The Associationmay enter into a contract with such manager if the contract may beterminated by the Association without cause or pa)rynent of aterrnination fee on 90 days or less written notice and such contracthas a tenn of not nore than three years (including all renewals) andwith such other provisions as the 6oard dt airectors may approve.
ARTICLE IX
_ +"tf-rority to convey or encumber the property of theAssociation and to execute any deed, contract or- other instrunenton behalf of the Association ior itself or as attorney-in-fact forone or rnore of the members is vested in the president or any vicepresident. Arl instruments conveying or encuirbering r,r.h pitp.itv(whether or not executed as such attoiney-in-fact) sfratt be Lxeiuteaby the president or a vice president and attestea ry the secretaryor an assistant secretary of the Association.
ARTTCLE X
The following provisions are inserted for the management ofthe business and for the conduct of the affairs of the Asstciation,and the same are in furtherance of and not in rinitation orexclusion of the powers conferred by law:
(a)Board of directors to exercise general power.All
corporate po\,rers except those which by law or byexpressly reguire the consent of the rnenbers shallthe board of directors or the executive committee.
these articlesbe exercised by
The 'board ofdirectors is hereby auttrorized to naie prov:is.ion for reasonabrecompensation to its mernbers and to members of the Association fortheir services, and to reimburse such members for expenses incurredin connection with furthering the purposes of the Association. Theboard of directors sharl fix the -basis and conditions upon whichsuch compensation and reirnbursement shalr be paid. Any director ofthe Association may arso serve in any othef capacity and receivecompensation and reirnbursement for such other work.
(b)
The nane and address of the
Jay K. Peterson
Dated:
incorporator is:
P. O. Box 3149
vail, Colorado 8L558
ARTICLE XI
The Association shall have the right to indemnify any personthe ful"lest extent. allowed by the laws of colorJdo, - &ceptlirnited by the bylaws of the Association from tirne to tilneeffect.
ARTICLE XTI
The initial bylaws of the Association shalr be as adopted byits board of directors. The board shal1 have power to alter-, amendor repeal the bylaws. The bylaws may contain any provisions for theregulation or management of the affairs of the alsociation which arenot inconsistent with 1aw, the Declaration or these articles ofincorporation, as the sane may from tirne to time be amended.
ARTTCLE XIII
The Association reserves the right to arnend, alter, change orrepeal _any provision contained in these articres of incorporitionby, unless a higher voting reguirenent is set forth nerein withrespect to any particular provision, the vote of the holders of atleast _75 percent of the votes of the mernbers at any regurar orspecial meeting carled for that purpose at which a qu6rum snatt uerepresented; p.rovided that no arnen-dnent sharl be lontrary to orinconsistent with any provision of the Declaration.
ARTICLE XIV
to
as
in
Jay K. Peterson
VERIFICATION
STATE
COUNTY
oF corpRADo )) ss.
oF EAGLE )
I,, a notary public, hereby certifythat on the - Aay EE , l9- , personallyappeared before me JAy K. PETERSON,tho-TeIng uy-Te rirst aurisworn, severally declared that he wasforegoing document as incorporator andcontained are true.
the person who signed thethat the staternents therein
Notary Public
My connission expires:
-__PI44_!ADCE eporrrow
Addresses of Adjacent property Owners
Hill tuildjn€ - Lot f, Block 5C, W lsb (31i Bridge Street ). l4r.s. Blanche C. Hill
311 Bridge Street. Vail , Colorado 81657
Casjno Building - Lots DEF, Block 5C, W. Bridgestreet Condo Associatlon
- "/o Brrandess-Cadmus Real Estate. 281 Bridge Street, Vail , Colorado
Village Plaza Buildins - Resub of Lot C.
lsl (250 Bridge Street )
81658
Block 5C, VV lsf (i Vail Place)
W lst (227 E. WalI St. )
rJ< 1." .., .\ 6-l r'.. .t 'i-
I
1 Vail Place
% Steve SjmoneLte
P. 0. Box 411, Vail ,
Founders Plaza
Colorado 81658
% bandess-Cadmus Real Estate
The Toun of Vail
P. 0. Box 100/ 75 S. FronbaEe Road
Vail , Colorado 81657
Lodge at Vail - Lot A, B, Block 5C, W lst (174 E. Gore Creek Dr. ). The Lodge at Vail. 174 East Gore Creek Drive. VaiI , Colorado 81657
Hong Kong Cafe - a part of Lot C, Block 5C,. ilu€:+enff€affarffir.ip l]-c r 1-. .P;. 0. Box 22-94 i3 o >- , , 7 ,. Va1I , Colorado 81618
Red Lion - Lots F, G, H, Block 5A, W isf (104 Bridge Street ). Mr. Charles Rosenquisl , P.0. Box 695, Vail , Colorado 8'1 657. Mr. Eclwin lrthitehead, /11 5 Valley Drive, Greenhil1 , Ccnn.06830
Fucksack Buildjrg - Lobs C, D, E, Block 5A, W'1 st (288 Brldee St.). Rucksack Condo Associalion. ft Gurgui Hoffman. 288 Bridge Street, Vai-1 , Colorado 81657
A & D Building - Lots A, B, Block 54, VV lst (286 Bnidge Slreet ). RTS Capital Senvices. Mr. FicfrarO Santulli and l4r. George prussin
. tf10 Heather Lane. Lloyd Harbor, New York 1174T or 11743. J! Broadway,ZlsL F1oor, New york, Ny 10006
Lazier Arcade &rilding - Lot C, Block 5C, W 'lst (225 Wall St. )Wa]] Street-Xcndo Association
zo | 5r1dge btrreetVail, ColoraOo 8165Q l
PUBLIC NOTTCE
NorrcE rs HEREB' crvEN that the pranning and Environmentar
cornmission of the Town of Vail will hold a public hearing in
accordance with section rB.66.oco of the municipar code of the
Town of Vair on september r.2, r.9gg at 3:oo pM in the Town of Vail
Municipal Building.
Considerat,ion of:
l-' A request for a conditional use permit in order to construcc
l' a personal mechanicar conveyance (gondola) on Lot L, B10ck 1,
Vail Vitlge 3rd riling.
Applicant: John Witternyer
2' A request to amend Agrigultural and open space to alrow
cemeteries as a b,gnditional use in section i_g.32.030 of the
Town of Vail Zonirg.CoA".
Applicant: Town/of Vai]
3. A request to amend SDD #4, Cascade Village, and a request to
amend the Arterial Business zone District to arrow a micro-
brewery as a conditional use.
Applicant: Vail Ventures, Ltd.; Cascade Club, Ltd.; and. Glen
Lyon Office Building, Inc., a Colorado partnership.
4' A request for a cond.orninium conversion of the praza Lodge,
21_1_ Bridge Street, Vait Village, a portion of L,ots G, H, I,
J, & K, Block 5c, vail village lst Filing
Applicant: plaza Lodge Associates, Ltd.
The applications and information about the proposals are available
in the zoning adrninistrator's office during regular office hours
for public inspection.
TOWN OF VAIL
COMMUNITY DEVELOPI,IENT DEPARTMENT
THOMAS A. BRAUN
Zoning Adninistrator
Published in the Vail trail on August 26, l-988.
Itc'" t -.n"'! ,a---'
TO:
FROM:
DATE:
Planning and Environmental Commission
Cornrnunity Development
August 8, L988
SUBJECT: A request for an exterior alteration in Cornmercialcore I in order to enc refeet to the northwest corner Plt. t-ElllJdinq.Applicant:Charles Rosenquist
I. THE REQUEST
The applicant is requesting to add approxinately ZO squarefeet of retail space and to change the configuration ofthe entry to the John Galt retail shop located west of,BIu's restaurant on the north side of the Gore Creek DG4c-Building. At present, there exist two stone pillars wnj1cnextend 3.5 feet beyond the property line. These would berernoved and replaced by a glass entry. The proposed entrywould abut the property line, but not extend beyond it.The result would be an infill of retail space, but withIess apparent intrusion into the ped.estrian area.
I1. REVTEW CRITERIA
I.
This proposal nust be reviewed with respect to the UrbanDesign Guide Plan and zoning considerations. There are norelevant sub-area concepts, but the design consid.erationsare as follows:
Pedestrianization. This area is a pedestri.an-onlyffi enlarged slightty. The retail-will be made more visibLe by the proposed change.
Vehicle Penetration.Not applicable.
streetscape Framework. The alteration will infill astore front, and make retail rnore visible.
Street Enclosure. The open space to the north of thepedestrian way nakes this consideration irrelevant.However, the proposed addition is one story high,
-."9ygl"S the apparent height of the four slory-building.
3.
4.
1-Lxr, , a^ nJo'zh' o*
'Street Edqe.r<.- The proposedEegutar streEbl.eale tnatnorth edge of the building.
alteration extends thecurrently exists along theThe addition is at an
roof the Gore Cr
5.
angle, following the property line.
Bu+lding Heicrht. The proposed extension is one storywhich wiII reduce the apparent height of the northfacade and better relate to pedestrians.
Views. There are no negative inpacts on views.
Sun./Shade. The shade wiII not be increased by theproposal .
Service and Deliverv. Service and delivery will notbe changed by the proposal .
ITI. ZONING CONSIDERATIONS
conpatibilitv
The exterior alteration is felt to be in harmony andcourpatible with the neighborhood.
TV.
Parkinq.
The addition of 70 square feet of retail space will resultil a fee of $7OO to be paid to the parking fund at thetirne of building perrnit. (l space per 3OO square feet,300 sq ft divided by 70 sq ft = .23..23x$3,000=$ZO0)
REI,ATED POLICTES IN VAIL'S COMPREHENSIVE PI,,AN
A. Land Use Plan
The Land Use Plan goal statements that relate to thisproject include:
Goal 1.1:rrVail should continue to -qrow in a
c o n t r g I 1 ed eny i_q q441e n t, roE-i:r-fr EEIiTn g abalance between residential , conmercial andrecreational uses to serve both the visitorand perma4ent resident. rr
rrThe guality of _4gyelqp:ne,nt should benaintaiqded whenever possible. I
6.
7.
8.
9.
,l
,4[ n ,P| ,!*
rt(J Goal L.3:
Goal 3.4:trComrnercial growth should. be concentrated
in existing commerciarl areas td accffioGteboth f6EEf-En-d- viEi-tEr needs. rl
rrFuture comrnercial development shouldcontinue to occur prirnarily in existing
comrnercial areas. .t '-
Goal 4.1:
GoaI 4.3
V.OTHER FACTORS THE COMMISSION DEEMS APPLI
REQUEST.
VI . ETj\FF RECOMMENDATION
rrThe ambiance of the Village is importantto the j-dentity of Vail and should bepreserved. rr
The proposal is in confonnance with the goals of the Land.Use PIan
B. Vail Villaqe Master plan
The Vail Master Plan statements related to this proposalinclude the following:
Goal #1: Encourage high quality redevelopment whilepreserving the unique architectural scale of theVillage in order to sustain Vait,s sense ofconmunity and identity.
Goal #2, objective #s:Encourage the continued upgrading and renovationof existing lodging and comrnercial facilities tobetter serve the needs of our guests.
TO THE
The Community Development Department staff recomnendsapproval of the reguested proposal. We find the irnpactsof this exterior alteration to be positive. Thevisibility of the retair area reLated to pedestrians willbe enhanced, as will activity in this are-a, The ad.ditionat a one stgry level, although sma1l, wil1 heJ.p to reducethe apparent height of the fuifaing.
A conditiol -of.approval is that the parking fee be paid atthe time of building perrnit.
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APPLICATION FOR
CONDOMINIUM CONVERSION
A. NAME 0F APPLICANT:faza r,odge Associaces, Ltd.pg6pg405-338-85 75
,thnnF^-nuuxc)J 300 CrescenE Court, Suite 700, Dallas, Texas 75205
B. NAME OF APPLICANT'S REPRESENTATIVE Jay K. Petelson
ADDRESS
pp6116 a76-ooez
C. NAME 0F PR0PERTY OWNER (type or print) plaza Lodge Associates,
SIGNATURE OF PROPERTY OI.JNER
ADDRESS
pHgxg 40s-338-85 7s
D. LOCATION OF PROPOSAL
E. FEE $100.00 PAIO
Inc'lude a list
adjacent to the
ol. l!" names and mail ingsubject property.
Condominiun Map
addresses of all owners of
F.
property
Application for cond.o conversion page 2
II. Four {4) copies of the following information:
A. A preliminary mapinium plat as more
showing.the required information for a condom_specifically defined in Section 17.26.
B' A map showing arr common areas and usages of the building and,grounds r €rrd. plans for the interi-or aii:-sion of the buildingshorving horizonta] and verticar boundaries of-ar1 units.
c' A copy of the declaration applicabre to the condominium project.
D' A copy of- the bylaws. The bylaws shall contain the informationrequired by the Condominium ownership Act of the State of Coloradc
E' A condominium conversion report from the Town build.ing inspectoron the condition of the nuiiaing, ii=ii"q aJ-r buirding code vio_lations, fire code violarions ";; ;;i;red viorations which aredetrimental to the health, safety and. werfare of r-ha nrrhr ithe owners. and tr:e occuoants cf the buir;$;."t E''e Pu'rl-c'
F. A report of the proposed conversion including: rength of occu-pancy of present tenants; the househora comp6sition of piesenttenants; current rental rates, whether rents incruoe or excludeutilities, date and. the amount of rast rentar increase; asununary of-the proposed ownership of the unj_ts, if the uniEswill be sold as tj_me_share or interval ownershi-p; and the approxi_mate proposed_sare price of units -na ti.r.trcing arrangementsto be proviCeC by the applicant
G. For the condominiumization of an exist.ing lodge, the forlowingaddirional informarion shalr- b" p.;;iJ;;: proof of ownershr-p;
::::.1:::"."r" for rhe properry indicarins in derail rhe acr.ual.;t;rurguration of the.Iodge facility, ttre-common areas and theLocation of any amenitiei serving lhe lodge; affidavit of servicesprovided as is carred for in seciion-rilad.ozs (A) (2); d.esigna-tion and description of any current employee units; and planof J-mprovemenrs ro be made ro the ;ron5;i-"r."g ;itt"Islinrat"acosts thereof.
H' For all time-share units, the Discl0sure Requirements as stipula-ted by chapter 5.0r must be submitt"a riti't the application.
III. Time Requirements
The planning and Environmental commission meets on the 2nd and4th Mondays of each month- An apprication--with the .,."u"""iyaccompanying material must be sufm:-tted- tour ,."t" pr1"i-ii, tfr"date of the meeting. 'vvsr\' I''l- r(Jr Eo
IV' Your proposal will be reviewed for compliance with Va'i i,s comprehensive plan,
A.
D.
E.
ADDEND{]II! TO APPLfCATION
Condominium Map is attached.
The condominiurn Declaration sets forth the uses for each unit andthe restrictions.
Declaration is attached.
Bylaws are attached.
The Building is currently being remodeled and in discussing thenatter with the assistant building inspector r have been iniormedthat with tI" past and current rernod.eling the buitding witlconform to the current Uniform Building Code.
. _ (1) . Length of occupancy of present Tenants: Theresi_dential portion- of-the project is culrentry unoccupiea exceptfor unit R-1 which is uled-on a part-tirnL basis by c:_uhwillingham and other partners. The commerciar tenants willremain pursuant to the terms and conditions of their Leaseagreernents.
(2) There are no residential tenants.
(3) There are no current rental rates.
(4) Rents did not include utitities.
(5) There were no long term rentals and arl short ternrental rates varied.
(6) AIl cornmelclal units (c-1 through c-6) wirl be owned bythe appricant. unit R-r. wirr be owned 6y the'applicant. uniiR-2, R-3, R-4 wilr be sord to third parti6s. unils R-5 and R-6wil'l be owned by two of the rirnited pirtners individuiriy.
(7.) Sales prices for units R-2, R-3 and R-4 have not beendetermined and no financing wiII be provided.
c. (1) proof of ownership is attached.
(2) The configuration of the Lodge facility is on theCondoniniun Map.
( 3 ) Al1 cornmon areas areamenities are provided except 3 hotunits R-2, R-3, R-4 and R-5J and 1
shown and no recreationaltubs (1" for unit R-1, 1 forfor Unit R-6).
(4) Currently no services are being provided; at theconpretion of the project, the seven rrrestrictedrr lock-6ff roomswill be available for rental pursuant to the condorniniumDeclaration and Section L7.26 of tle Tovn Code.
(5) There are no employee housing units.
(6) rmprovements and costs have been subrnitted to the Tohrnunder prior applications and have been substantiarly completed.
Hopkins abstaining.
Hobbs moved and Schultz seconded to approve the request for aconditional use pernit per the staff memo dated Z/g/87 with theconditions in the memo. The vote was 6 in favor with Honkinsabstaining.
2 A reguest for a setback variance in order to install asatel-1ite receiv ze than the rnax allowedat 227I North Frontacre cant: S
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The applicant was not at the meeting, so this item was tabled untiL the
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Tom Braun explained the request and showed site plans and elevations.He reviewed the project with respect to the urban Design Guide plan,
Design Considerations and zoning. He foLtowed his explanation with thestatement that the staff was not able to support the proposal aspresented and recommended denial . The staff fert strongly that, in itspresent state, the existing Bridge street frontage of the plaza Lodgebuilding is the essence of what is encouraged in the Urban Design criiaePlan.
craig snowdon showed si.te plans, elevations, perspectives and a moder.He also showed photos indicating that most pedestiians used the streetrather than the sidewalk. snowdon stated. that the stairs andlandscapinqt were actuarly a barrier and d.iscouraged the pedestriansfrom using the sidewalk. He added that the retail shops were too farfrom the pedestrians in the street. snowdon pointed out that theproposar would provide a continuous walkway for the pedestrian. Tneplan was to line the walkway with lanterns and hanging baskets.
Jack curtin stated that this proposal was similar to the Be1l Towerproposar in that there was not enough landscaping. He felt that thehanging baskets would only provide some landslaping from roid-July untilSeptember. Curti_n felt the need for trees for relief.
Jack canpbell agreed with curtin. He added that much landscaping wasnot taken care of or was not, the riqht type for the mountains. He feltcare was important. John Brennan, managier of Vendettars, spoke insupport of the proposal .
J.J. collins asked for more information on the walkway and street onthe Bridge Street side of the build.ing. Snowdon stated that the s[reerwould be 5 feet wider than it is at present, that about 35? of thepresent landscaping would be lost, and that he felt the sidewalk would.be used more when it was at the same level as the street. Collins thenasked the tenants present what their experience was with regara io
PEC 2/9/87 _3_
pedestrian access at present. John Campbell stated that the sidewalk
at present was not used to dodge delivery trucks. He felt that some of
the charm of the Village was that pedestrians were walking in the
street and competing with traffic, unlike Lionshead. He felt that
people liked to walk in the street. It was his feeling that the
sidewalks were used to access shops or to window shop, not as an access
to the street.
George Knox stated that the Rucksack was a good example of pedestrian
access right off of the street and the Lodge promenade was a good
example of a pedestrian barrier. He noted that when people walk past a
shop, they rarely turn around and walk back to the shop.
Sa1ly Cornwall of the Younger Generation stated that she has both a
Lionshead store and one in the Village and that people in Lionshead can
walk right in off of the maII, whereas the pedestrians in the Village
were deterred by the stairs. She added that the alley to Wall Street
was used because there were no stairs involved.
Peggy osterfoss stated that she was basically in favor of the proposal,
and was also in favor of not elirninating the landscaping. She was in
favor of removing the trucks which she felt did keep people out of
stores more than the stairs did.. she wanted to hear rnore opinions on
the proposal because the proposal included such a long expanse of
Bridge street and she did not want to rush into a decision. Bryan
Hobbs liked the way the proposal- changed the street scene but was
disturbed by the loss of landscaping. Diana Donovan felt that there
should be a compromise between what is existing and what taras proposed.
She felt the proposal did a lot for the Plaza Building on the Bridge
street side, but felt the proposal might irnpact the sLreet too much.
she did not support the enclosure of part of Vendettats deck, because
they first asked for rnore deck on Tohrn of Vail land, and now were
asking to enclose part of that deck.
Sid Schultz had no problem with the deck, but did have with the retail
expansion. He felt the steps could be redesigned, and added that in
the summer they were highly used. Schultz felt that the Tovrn should
make certain that landscape areas were maintained. He felt that if the
sidewalk is dropped to street level, the trucks would block visibility
of the stores. Schultz stated that a 5 foot sidewalk would be 2 feet
in the winter. Jirn Viele agreed that the proposal did a lot for the
building. He felt a good job rnust be done with whatever landscaping
was left. He was not sure if he had enough information to make a
decision, and felt he needed more information on traffic, loading and
landscaping. Viele had no problem with the deck enclosure of
Vendettars. He added that this was the 7th or 8th nodification to the
Plaza Building and felt it nust be tough on the neighbors to have
construction every year on the Plaza Building.
Snowdon stated that the majority of the outside work would be done by
Jul-y 4. He restated the boardrs concerns to be the reduction in
landscaping and the nearness of the retail stores to the street.
Snowdon asked if he could separate the proposal of Vendettars deck frorn
the proposal on the Bridge Street side, and Viele explained that it was
PEC 2/9/87 -4-
appropriate to look at the whole program. viele suggested possiblytabling and looking at the proposil it a work sessi6i. snoi,raon feitthat tabring was appropriate. -Diana said that she would like to seepocket parks and asked if there were any plans for seating. snowdonanswered that there were areas 8 feet deep with walls l_2rr to 36" highthat could be used for seating. J.J. collins stated that this wassuch a substantial change in such an important part of the Town, hewished to see a good graphic layout.
19" li+gY.agreed with the tenants that this was a vast improvernent tothe building.
snowdon asked to table the proposar for further study and a chance toneet with the owner to see it Lhere could be further-compromise. Vie]estated that there could also be a work session.
Diana Donovan moveq and p?ggy, gsterfoss seconded to taure tne reque"t.s ab=taininq.
PEc 2/s/87 _5_
luwn
75 soulh front ge road
vail, colorado 81657
(303) 476-7000 ottlc-e of communlly development
TO:
FROM:
DATE:
RE:
Adjacent Property Owners
Department of Community DevelopmentAugust l-2, L9B7Plaza Lodge Redevelopment
consideration by the planning and Environmental commission ofproposed additions to the plaza Lodge was tabled. at thecommissionts July 13, r-997 neeting.- This proposal has beenrescheduled for August 24, rgsz ai 3:00 p.in. -tne commissionwill consider requests for:
f-) Exterior alteration of the structure;2) Conditional use perrnit to remove a unit frornthe second floor of the structurei and3) Density control variance to ad.d. additionalresidential square footage to the structure.
Additional information concerning these requests are avairabteat the Departrnent of cornmunity Development,- rown of Vail .
0l*wv\-/w
offlce of communlty developmenl
July 2, L9B7
Ur. Bill Anderson
Beck and AssociatesP.O. Box 141_3Vail , Colorado 91658
Re: Plaza Lodge Construction
Dear Bill:
This letter is to. confirm our phone conversation of July 2,1987 concerning the plaza f,odql construction. It is ourDepartmentrs understanding tttit tn" dernolition and re-construction of the.lgutfrerly planter will f"gi" "" Tuesday,July 7 | L987. Specifically, the step and on-grade planter areto be replaced with a planter consisient wiirr-pi.rr, .pp.oved bythe Planning cornrnission, ,Design Review Board, and Buildi-ngDepartment. As discussed on iite at our June t-8th meetini, asmaLl alteration to the original design ,"= "ppi"ved (theplanter was shortened. to exi.end to the existing street lightpedestal).
I would_ hope for your cooperation in this matter. please beaware that failure. to begin the planter constru-tion lanacomprete in a timety rnannerl couid result in irte iorrowlngaction:
l-. Suspension of the plaza Lodge building permit as persection 303(E) of the rSeS U.e.C.
75 south trontage road
vail, colorado 81657
(303) 476-7000
2. fssuance of a summonsviolation of approved
may be issued for each
and cornplaint for constructionplans. A summons and cornplaintday the violation exists.
Based on our last phone conversation,matter will be resol_ved very shortly.anticipated cooperation. flel free toquesErons you nay have concerning this
Sincerely,
/'rN,jt\.\
tnomas A. BraunSenior Planner
f am confident that thisThank you for yourcontact rne with anvmatter.
TAB:bpr
cc: Gary Murrain
Jirn Viele felt the presentation was well done and the requestferl within the guidelines of the Land use plan. He stated thatthis was obviously a large investment by the owner, that itwourd be an improvernent to the pedestrian way, and that it hras agood example of expansion within lirnits. J.J. collins asked ifthere was any reason why the owner would not want to utilize therernaining allowable GRFA at the present tine.
Diana Donovan wished to have a guarantee for 3 or 4 years thatthe large tree on the west side would live. gob Fritch, theowner-and applicant, objected to that requirement, stating thathe paid for the tree originatly and did not feel it was riir to
l=F ftil to guarantee the lite ot the tree when transplanted.Bob added that it was going to be expensive to move, and hewourd_hryg capable peopre move the tiee. Diana repliea that itseemed fair. she discussed the railing on the wall near thecreek and felt it did not seem appropriate. Duane explainedthat the creek bank was very steep in trrat area and the railingwas for safety as well as transparency.
Peter showed plans of the pedestrian area arong the creek (core
_qT""l. Promenade) and stated that the staff is working withWi-nston and Associates, Craig Snowdon, Duane piper and BobFritch on the design, Diana said she preferred benches tike theones at Gorsuch because the benches used at the Belr rower andat Vendettas were splitting.
Diana moved and Peggy osterfoss seconded to approve the densityvariance per the staff memo dated March 9, l9At. The vote was6-0 in favor.
Diana moved and Bryan Hobbs seconded to approve the request forexterior alteration per the staff memo dalLd March s, lsez withthe addition to condition #6 as stated. by Kristan. The vote was6-O in favor.
lroposFd=revfsion to the Urban Design Guide plan and arequest for an ct anactdr-tj.on to tlre@
, Ltd.
lom Braun showed a_model and explained the changes made sincethe last presentation. He felt that the new chinges had noeffect on the street encrosure and the street edge was nowdefined-. craig snowdon, architect for the propo6ar, added morerntormation about the changes.
Diana Donovan suggested using tree guards around the aspens.Peggy osterfoss asked about tne aect< enclosure of Vend.eltars andwanted to know if the windor,rs would be able to be opened..Discussion of the windows fol]owed with the finar agreement that
PEC 3/s/e7 # 5
4.
the openings would be covered with 7 sliding glass doors, 5 ofwhich would be stackable and the 2 panes th;t-did not open wouldbe at either end. peter asked that the pEc explain cleirly whythey were supporting the deck enclosure, which could be thitwith rnost of the windows operable, the deck was only beingpartially closed.
Discussion forlowed concerning whether or not to require thewindows.to be open a certain number of days. Tom po-inted. outthat this did not work at the Red Lion. Feter aaaea that withthe Red Lion, there were probrens with communication between thetenant and the owner, with the tenant not realizing that hecourd not cl-ose the windows at night during the tirne the windowswere expected to rernain open, which resulted in a securityproblem for the tenant. rt seemed better to make the windowsoperable and trust the restaurant operator to keep them openwhen possible.
Diana stated that she liked the proposed changes on BridgeStreet but could not support the deck enclosure.
Byran HobhF_ mgl/ed ang_pggqv osterfoss seconded to approve the
The vote was 5 in favor, l@
5.A recruest for a conditional use rrnit in order toconstruct an add tion to the Tree reschoolocated at 129 No Frontage Road.
Rick Pylrnan explained the addition and where it would beIocated. He mentioned that the ABC school next door hadtold of the addition and did not voice any objections.Colli-ns moved and Diana Donovan seconded to a
been
J.J.{jorr:+Il? moyeq anc Diana Donovan seconded to approve thecondrtronal use request. The vote was 6-0 in favor.
6.A request for front and side setback variances in order toSg!"trrC ifnq.AppLicant: Michael Tennenbdilm
Rick Pylman explained that the request was for side and frontsetback variances. He reviewed the consideration of factorsnecessary in order to approve the request and explained that thestaff recommended approvar of the front setback variance anddenial of the side setback variance request. The staff feltthat there was no physical hardship to warrant approval of theside setback variance.
Jay Peterson, representing the applicant, stated. that evenbefore the property had gone through the subdivision process,the applicant has planned to build in this rocation iir order'to
PEc 3/e/87 tl 6
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75 south trontage road
vail, colorado 81657
(303) 476-7000
\qEJ q1.(,.r '\ Q,".--
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olllce of communlty developmenl
July 2 , 1,987
Mr. Bill Anderson
Beck and AssociatesP.O. Box 1413Vail, Colorado 81659
Re: Plaza Lodge Construction
Dear Bill:
This letter is to- confirrn our phone conversation of July 2,1987 concerning the praza Lodge construction. rt is ouiDepartmentts understanding that the dernolition and re_construction of the.southerly pranter wilt begin on Tuesday,July 7 | L987. Specifically,-tle step and. on-{rade planter-are
!g b" repl aced with a planler consisient with plans approved bythe Planning Cornmission, Design Review Board, lna nuiihingDepartment- As discussed on iite at our ,June r-8th meeti_n{, asmall alteration to the original design was approved (theplanter was shortened to exiend to the existi-n-g street lightpedestal) .
r would hope for your cooperation in this matter. prease beaware that failure_to begin the planter construction (andcomplete in a tirnery mannerl could result in the followingacti-on:
1. suspension of the plaza Lodge building perrnit as persection 303(E) of the 1985 U.B.C.
2- rssuance of a sunmons and complaint for constructionviolation of approved plans. A summons and comnr,aintmay be issued for each day the violation exists-.
Based on our J_ast phone conversation,matter will be resolved very shortly.anticipated cooperation. FeeI free toquestions you may have concerning this
Sincerely,
/'. l.r A{ \q\v \
Thomas A,-BraunSenior Planner
TAB:bpr
cc: Gary Murrain
I am confident that this
Thank you for your
contact me with anyrnatter.
Project Application
LoProiect Name:
Project Description:
Contact Person and Phone
Owner, Address and Phone:
Architect, Address and Phone:
Legal Description: Lot
Design Review Board
Dale
DISAPPROVAL
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Project Application
Project Name:
Project Description:
Contact Person and Phone
Architect, Address and Phone:
Legal Description: Lot Block Filing 711ns ('CT
Comments:
Design Review Board
.t\,J j\:
Date
Motion by:
Seconded by:
---'-{ppaovet )(- _:=- --a DISAPPROVAL
Summary:
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El statt Approval
Proiect Application
Project Name:
Proiect Description:
Contact Person and Phone
Owner, Address and Phone:
Architect, Address and Phone:
Design Review Board
Date
Motion by:
Seconded by:
APPROVAL D ISAPPR OVAL
Su m mary:
Date:
Town Plan ner E statt Approval
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Corununity Development Departnent
March 9, L987
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FROM:
DATE:
suB,fEcr: A reguest for an exterior alteration in commercial coreI to the plaza Lodge Building located at 291_ BridgeStreet.
Applicaf(: plaza Lodge Associates, Ltd)
I. BACKGROUND ON THIS REQUEST
Revised prans have been suburitted for this proposar followingthe.Planning comrnissionrs work session on February 23. Therevised-proposal is.very responsive to issues ideitified bythe staff and Planning cornnission during the course of thereview of this project.
original concerns of the staff centered on the removar of theplanters along Bridge street and the etiioination of theseparated walkway between the planters and the plaza Lodge.The goals of the appricant were to eriminate the grade ciangeand steps to the walkway, while bringing storefronts outcloser to the pedestrian traffic on nriage Street. Thecompromise proposal that has been submiti,ed appears to meetthe goals of both the applicant and the staff.- wtrite tneproposal will . still change the appearance of this prominantsection of Bridge street, staff now feels that the overarreffect of this change, both with respect to the building indfrom an urban design standpoint, will_ be positive. Inaddition, the proposar is no longer in coirrtict with Sub-areaconcept L3-A and. as a result, a revision to the urban DesignGuide plan is not recruired.
II. colyIpLIANCE WI!fi _U{E IIRBAN DESTGN cuIDE PLAN
The Guide Plan serves to identify physical improvements forstrengthening the overalr fabric-ot vail vill-aqe. Referredto as Sub-Area Concepts, these irnprovernents are proposed toreinforce the overall character oi the Vil_laq" ,^itt,particurar ernphasis on inproving the pedestiin experience.The primary concern with iespect to tiris proposal'centeredaround Sub-area Concept 1"3-A. This reads as follows:
Sub-Area Concept 13-A.
Raised sidewalk may become major pedestrian route duringdelivery periods. slight wiAenin| warranted. potentialfor open arcade for snow protecti5n over wooden walk.
nt
Landscape inprovements include: ner,r consolidatedstairs, tie retaining walIs replaced with masonry,upgraded plantings.
The_ revised proposal maintains the integrity of the sepai'atedwalkway along Bridge St,reet. While a substantial portion ofthe existing planters are removed, the walkway is inchored bytwo prominent planters at either end of the pioperty. Nearthe entrance to the lodge are two additional pllnteis thatserve to define the separated walkway. Whi_le two portions ofthis.wallkway become an extension of Bridge Street, it is thefeeling of the staff that the planters proposed will stilldefine the walkway and provide a viabLe allernative routeduring those times when the loading zone is occupied.
while rnodifications are proposed for the walkway, staff feelsthat the intent of Sub-Area Concept l_3-A is still being rnetwith this revised design.
fTI. COMPLIANCE WITH THE URBAN DESIGN CONSIDERATIONS FOR VAIL
VILLAGE
The following considerations address the prirnary form givingphysical features of the ViIIage. It is tne qo-t of theDesign Considerations that through their application, futurechanges will be consistent with the established Vitlagecharacter and result in positive contributions to the Viltageexperience. These considerations include the following:
Pedestrianization
As proposed, the separated walkway in front of the plaza
Lodge will be altered, but still serve as a useful andpleasing separated walkway frorn Bridge Street. This isparticularly important considering the loading zone on BridgeStreet adjacent to this property. The redesign will alsoeliminate the vast ruajority of the grade change, particularlyat the north end of the property, which should improve theappeal of this walkway for the pedestrian.
Vehicular Penetration
Factors addressed in this consideration are not applicable tothis proposal .
Streetscape Framework
The two types of inprovements generally proposed to improvethe streetscape framework include landsbaping and comrnercial
expansions. while this proposal originally created aninteresting paradox with reipect to this c6nsideration, therevised design responds well to this consideration bydesigning the retail expansion in conjunction with the streetplanters. This compromJ-se proposal is consistent with theconsideration as outlined in the Guide plan.
One element of the proposed infi11 that is consistent withtle steetscape framework consideration is the paratialliinfilr of vendettars deck. At the present tiine the exi-stingrestaurant facade is recessed frorn other portions of theelevation resulting in a facade that is aitticult ro see.The exj-sting sityation does not provide a strong irnpressionof visible activity or street liie to the pedestrian in ttr:-sarea. The proposed infill would bring this activity outcloser to the pedestrian way, thereby providing greatervisual interest at this porlion of the-building.-
Street Enclosure
The sense of enclosure from the building expansion has notchanged from the original proposal . The sense of enclosurevaries greatly along this section of Bridge street and. wouldnot be negatively inpacted by the building expansion. Theone to two story expansion will , howeverr-provide a morehuman scale for the plaza Lodqe.
Street Edge
As with streetscape framework, this consideration isaddressed quite well through the most recent re-design. Thebuilding jogs in the propoial are very pleasing, and thestructure follows the slight curve in-nridge sireet. At thesame timer.the planters and raised curb pr6posed along theproperty line clearly define the street eAge.
Building Heiqht
Building height considerations are not applicable to thisproposal because of the i- to 2 story nature of this addition.
Views
There are no inpact,s on major view corridors frorn thisproposal .
Service and Detiverv
rmpacts on service and delivery have been rnitigated by thenew design that incorporates sireet planters. -these i,rillprovide some relief between loading vehicles and pedestrianson the separated walkway.
Sun,/Shade
While this proposal will still result in a very slightincrease in shadow patterns on Bridge street, it i=-tett thatthe irnpact is negligible and not of sufficient cause to
recornmend denial of this proposal .
IV. STAFF RECOMI{ENDATTON
The staff is in support of this compromise proposal and feelthe.overall irnpacts on Bridge Street will be positive. Thedesign sorution proposed. for the building was never an issuewith the staff, and feel that it is a weil done addition tothe structure. Our concerns with the additionrs impact onthe walkway ald street have been mitigated through Lheredesign. While there is a reduction in the amor]nt ofplanter area, the location and design of the proposedplalters are responsive to the goals of the Uiba; DesignGuide Plan and the integrity of the plan is maintaineal itnot reinforce, through this proposal .
Conditions of Approval
Through previous approvals the owner of this propertyhasagreed to participate in and not remonstrate against aspecial improvement district for vail Village if and when oneis formed. We would recommend the followini change to thiscondi-tion:
t. The applicantts participation in public improvements(special improvement distrit), sha1l be accomplished byparticipation in a trnini-specialr improvernent, districtto re-design and relocate Seibert Ciicle if and.when oneis formed. An eguitable manner of crediting theapplicantrs contribution for Seibert Circle toward anoverall improvernent district for vail village will beestablished, if and when a Village-wide district is
formed.
This condition is recommended to facilitate irnprovements toSeibert Circle if they are proposed prior to a Village-wide
improvement program. An equitible ciedit program wouldensure that the financial burden on the applicant does notincrease (for example, the property owner would not beassessed twice for both programs. Costs incurred throughSeibert Circle would be credited toward the propertyrs iairshare of a Village-wide improvement district).
2. The windor^rs on the west elevation of the deck enclosureshall be operable so that rropen-airrt use of the enclosedarea is possible.
SNOWDON AND HOPKINS ^ARCHTTECTS t201 Gore Creek Drive
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TO:
FROM:
DATE:
SUBJECT:
II.
III.
THE PROPOSAL
This proposal centers around a retajl expansion to the Plaza Lodge
Building. The majority of this expansion would take place along Bridge
Street by infilling the existing separated walkway and removing the
existing landscape planters. Removal of this walkway would lower the
grades along these storefronts to allow access to the shops at the same
grade as Blidge Street. Addjtjonal jnfil1 is proposed in the rear of the
buildjng by enclosing a portion of the djning deck of Vendetta's bar with
a fjxed glass roof and operable front walls. Other aspects of this
redevelopment include basement and second floor retail space to be
created by converting existing space, and the modification of a number of
lodge rooms and dwelling units on upper floors.
P1 anning and Environmental Commiss'ion
Community Development Department
February 9, 1987
A request for an exterior alteratjon in Commercial Core I to the
P'l aza Lodge Building located at 291 Bridge Street.
Appl icant: Plaza Lodge Associates, Ltd.
CRITERIA TO BE USED IN EVALUATING THIS PROPOSAL
The Urban Design Guide Plan and zoning considerations are used in
reviewing development proposals in Commercial Core I. The Design
Consideratjons in the Guide Plan were adopted to augment traditional
zoning consideratjons. They are intended to allow for greater
flexibjlity and creativity in designing proiects in the Vi11age, wh'i ie
recognizing and maintaining its unique character. For example, standard
setbacks are not required in the Village except as are established
pursuant to the Guide Plan's Design Consideratjons and other criteria
relating to Town of Vaii operations, etc. This is not to imply, however,
that there are to be no minimum setbacks in the core. Rather, a proiect
must "earn" its proposed setbacks by virtue of its compatibility wjth the
Guide Plan's Design Considerations. The importance of maintain'ing the
integrity of these design considerations can not be overstated. It is
the Planning Commissjon's responsibility to maintajn the overall
character of Vaii Village through the utilization of these design
criterja in evaJuating any development proposal
COMPLIANCE tilITH THE URBAN DESIGN GUIDE PLAN
The Gujde Plan serves to identify desired physicai improvements for
strengthening the overall fabric of Vail Vjllage. These improvements are
generally designed to reinforce the overall character of the Village'
wjth particular emphasis placed on improving the pedestrian experience.
Sub-area concepts jdentjfied in the Gujde Plan relative to this proposal
include the following:
l. Sub-area Concept 13A. Raised sidewalk may become maior pedestrian
@ periods. Slight widening warranted'
Potentjal for open arcade for snow protection over wooden walk-
Landscape improvements include: New consolidated stairs, tie
retaining walIs replaced with masonry, upgraded plantings.
As proposed, the expansjon would total'ly eliminate thjs separated
walkway. This is in direct confljct with the sub-area concept which
clearly states that the wa1 kway should remajn separated from the street.
It is ironic that in ]984 the owners of this property spent a great deal
of time and energy making improvements to this walkway' These
. I aimprovements centered around replacjng the tje retajnjng wa1 ls with field
..- .) ^nry.,|
phtllcdptone, as specified jn the Gujde Plan. These improvements $rere proposed
fM'fl '' , f tir.,-,",[in tni euiab P]an to strengthen the condition of the separated wa] kway as
nnaiJ*r,^rqr @''l'-a_Dirt, of the overall goal to continual'ly improve the pedestrian
'-'rk*fu f/dnfit/if+mfation svstem in vai'l village'
Z- Sub-area Concept 138. Mid-block connection (covered) from Bridgeffiza.
While not covered, this improvement was completed in conjunction wjth the
Casjno Euilding constructjon. 0nce considered a back al 1ey, this area
now pnovides a-valuable pedestrian link between l,lall Street and Bri dge
Street. The proposal for the Plaza Building will not affect this
sub-area concept.
3. Sub-area Concept 1.4. Vjllage Plaza. Feature area paving
iiffi'eni, cenTraT-focal point visible from Gore Creek Drive'
Major land forn/planting jn northwest for quiet corner, with
evergreen screen plant.i ng to defjne west edge. hlall street stairs,
with mid-leve1 jog Ianding, opens entry area to Lazier Arcade
shoos.
This improvement has been completed and will remain unchanged with this
proposal .
IV. COMPLIANCE WITH THE URBAN DESIGN CONSIDEIAIIONS FOR VAIL VILL
The Design Considerations address the primary form-gjving physical
features of the Vi11age. They provide a description of these key
elements, without wtriitr the image of Vail would be noticeably different.
It is the goal of the Design Considerations, that through their
app1.i cation, future changes will be consistent wjth the establjshed
Village character and make positive contributions to the Village
experience. These considerations jnclude the following:
Pedestri ani zati on
A major objective for Vail Village is to encourage pedestrian circulation
throlgh an interconnected network of safe, pleasant pedestrian ways. Itjs stited in this consideration that new or expanded construction should
* l-'k +
lJ,--^o,l
anticipate the appropriate level of pedestrianization adjacent to thesite. The separated walkway on th.i s port.i on of Bridge Street is a
successful element of the streetscape and constitutes a critical link ofthis pedestrian system. The walkway prov.ides for circulation off of
Bridge Street that takes on added signif.i cance when considering the
loading zone in thjs area. During utjljzatjon of the load.i ng and
de1 ivery zone, this walkway provides the pedestrjan an alternatjve from
Bridge Street.
As stated in the Guide P1an, "Many of the improvements recognized jn the
Urban Design Gujde Plans and accompanying Design Consideratjons are toreinforce and expand the qualjty of pedestrian walkways throughout theVjllage." The sub-area concepts outljned jn the Guide Plan designate
some of the specific street development desired for walkways in theVillage. In referri ng to these sub-area concepts, one must consider
Sub-Area Concept 13A which states the separated walkways should bemaintained. This further demonstrates the incompatibility of th.i sproposal with respect to the goals of the Urban Design Gujde plan for
Vai I Vi 11age.
Vehicular Penetration
Factors addressed in this consideration are not applicable to th.isproposal .
Streetscape Framework
Thjs consideration proposes two general types of improvements adjacent towalkways. These include Iandscaping improvements as a colorful irameworklinkage along pedestrian routes and commercial storefront expansions toprovide activity generators and street ljfe along the Vi11age,s streets.This proposal obviously presents some jnteresting perspectjves with
respect to this consideration.
At the present time the planters adjacent to the Plaza Lodge provide avery pleasing landscaped statement between Bridge Street and the plaza
Lodge. 0n the other hand, it could be argued that the commercial
expansions wi11 bring retail activity adjacent to Bridge street, therebygenerating more street life and visual interest. This consideration gois
on to state that, "It js desjred to have a variety of open and closedspaces' both built and landscaped, which create a strong framework forpedestrian walks as well as visual interest and activity.,,
In evaluating this consideration it again becomes necessary to refer tothe sub-area concepts proposed in the Guide Plan. By virtue of the GuidePlan's recommendation to leave the separated walkway-and landscapeplanters in p1ace, one can readily assume that the desired improvementsin this area do not involve a cornmercial expansion. This is furtherreinforced when 6-nsideri ng the many other areas of the vjllage where the
Gujde Plan has proposed commercjai expans.i ons to provide act.i v.i tygenerators along pedestrian ways. Given that both landscaping and jnfjll
can be used to satisfy this consideration, the sub-area concefts of the
Guide Plan clearly imply that this area should remain in its present
condi ti on.
:5iff'*.
(.A'f
One element of the proposed infill that is consistent with the
streetscape framework consideration is the partial infill of vendetta'sdeck. At the present time the existing facade is recessed to a degree,resulting in a facade that is difficult to see. The existing situation
does not provide any visible activity or street life to the pedestrian jn
this area. The proposed infill in thjs area would bring this activity
out closer to the pedestrian way, thereby providing greater visualinterest at this portion of the building.
Street Encl osure
A comfortabie enclosure for streets js determjned by the width of thestreet jn relation to the buildjng heights on ejther sjde. As the
Planning Comrnission may recalt, this was a particular concern wjth theHill Euilding expansion as it related to One Vail Place- Wjth thjs
proposal , the three story facade of the Plaza Lodge along Bridge Streetwjll be reduced to one story at street level . This provides a morepleasing pedestrian scale for this building. The sense of enclosure
varies along the length of thjs frontage relatjve to the bujldjng heights
on the other side of Bri dge Street. At no time does the sense of
enclosure become uncomfortable, and the lack of uniformity created bythis situation is consistent with this consideration.
Street Edge
The Plaza Lodge'i s compatable with this consideration in its presentstate. The building jogs in a manner consjstent with the slight curve of
upper Bridge Street. The existing planters strengthen thjs situation by
naintaining a strong, contjnuous streetedge along Bridge Street. This
considerat'ion would be affected by this proposed redevelopment. l,lhile
the building is still sjted to "curve with the street", the strong edge
created by the planters will be eliminated.
Building Height
Bu'i lding height consideratjons are not directly applicable to thjsproposal because the additjon is predominantly one story.
Vi ews
There are no'impacts on either minor or major view corridors from this
proposal .
Servj ce and Del j very
Service and delivery are vjtal functional elements of any pedestrianizedarea. It'i s the intention of this consideration to insure that these
functions be preserved and enhanced where possible. The elimination of
the separated walkway will directly affect the impact of the existing
loading zone that is adjacent to this property. As has been stated, a
pedestrian has the opportunity to utilize this walkway when loading is
taking place on Bridge Street. The eljmination of thjs walkway will
remove this option for the pedestrian.
As proposed, the loading zone will remain unchanged and be located onlyfive feet from many of the storefronts. This wiil effectively shield '
views of the storefronts and store entrys when vehicles are ulilizing theloading/delivery zones. It is the feeling of the staff that this willcreate adverse impacts on the shops in this building. Thjs is due to theinsufficient width of the sidewalk (5 feet) and the close proxim.ity ofparked trucks. In evaluating this proposal , one must consider theexisting situation which staff feels to be quite ideal , and the proposed
redevelopment which the staff would consider to be inappropriate.
Sun,/Shade
In vail's alpine climate it is particularly important to consider solar
3cg9:! to publ ic spaces. This consjderation states that new or expandedbuildings should not substantially increase the shadow pattern onadjacent properties or pubi ic right-of-ways. It should be noted thatthis proposal will result in slight increlses in the shadow pattern onBridge street. However, we feel this increased shadow is noi considered
s i gn i fi cant.
V.
Parkj ng
There js no parking prov.ided on site,
demand created by this proposal wouldthe Town's parking fund. The precjse
be determined at the time of building
and the additional parking
be met through payment into
amount of this payment would
permi t.
2.Landscapjng and Site Development Standaros
The zoning code states that no reduction in landscaped areas shallbe permitted without sufficient cause shown by the applicant or asspecified in the vail village Design considerltions. This proposalis clearly inconsistent with the Design considerations of the urbanDesign Guide Plan. The landscaped planters serve an important rolein establlsfri!o the streetscape framework and street edge on thisportion of Bridge Street, as well as definjng the separited
wa l kway.
Unit Modifications
At the present tjme there are a varjety of dwelling and
accommodation units within the plaza Lodge. To fai.i litate a moreefficient utilization of the kitchen uniis with lbck-off unirs,modificatjons are being proposed to this area of the building.These changes would be in compliance with existing developmentstandards and do not require any review or approvil by thb planning
Commi ss i on .
4. Partial enclosure of Vendettars deck
The staff has traditjonally been very critical of any attempts to
enclose existing outdoor dining areas. This concern has been
upheld throughout the years by the Town Councjl who have uniformiy
denied a1 'l proposals to enclose dining decks. lr|hile the staff is
not supportjng this project as proposed, we are not particularly
concerned with the partial enclosure of this deck. As stated in
the memorandum, 'i t is felt that bringing this facade closer to
pedestrianways will provide greater visual interest during the time
when there is not activity on the deck. In addjtion, this area of
Vendetta's deck has traditionally been subject to drainage problems
from the Plaza Lodge roof.
In terms of numbers, the enclosure amounts to just under 300 square
feet of the total 960 square feet of deck. It is felt that the
remaining 660 square feet of dining deck is sufficient for this
deck to contribute to the street life in the Vj11age. The design
of the enclosure includes a fixed glass roof with operable doors
running the length of the dining deck. This will allow for the
doors to be opened during the summer months and apre ski. Given
these cons'i derations, the staff does not feel the part'ia'l enclosure
of this deck to be detrimental .
VI. STAFFRECOMMENDATION
The staff is clearly unable to support this proposal as presented and
would recornmend the Planning Commission deny this application. The staff
feels strongly that, in its present state, the existing Bridge Street
frontage of the Plaza Lodge buildjng is the essence of what is encouraged
in the Urban Design Gujde Plan. The separated walkway and landscape
elements work well together. This is particularly true jn considering the
loading function that is a required element of this portjon of Bridge
Street. The Planning Commission is unged to carefully consider the
Design Consjderations and sub-area concepts as outl ined in the Urban
Design Guide Plan when evaluating this proposal .
However, while recommending overall denial of the entire application, we
find merit in the nartial deck enclosure for Vendetta's for the above
reasons. Support of thjs enclosure is conditional on the west elevatjon
being designed with operable panels to allow the wall to be opened during
apres ski and daytime hours.
TO: Planning Conmission
FROM: Community Development Department
DATE: February 23, ]-9A7
SUBJECT: Work Session on the Plaza Lodge
This work session has been scheduled to allow the applicant anopportunity to inforrnally present a revised design prior to reviewby the Planning Commission. White a decision will not be rnade onthis proposal at this review, the applicant and staff are desirousin hearing further comments from the Planning Commissi-on on thisrevised proposal .
BACKGROUND ON PREVIOUS REVIEW
The proposal consists of a partial infill of the Vendettats deck
and commercial infill along the length of the building's BridgeStreet frontage. The staffrs strong'opposition to this proposalis centered around the infill proposed to Bridge Street. Thisinfill would require the rernovit of tne planteis as well as theelinj-nation of the separated walkway on this portion of BridgeStreet. Staffrs concerns are based on the goals of the VailVillage Urban Design Guide Plan that clearly recommends thatthese features remain. The applicantrs reasons for this proposalare to eliminate the perceived barrier to the pedestrian that ispresently existing and to bring the retail storefronts closer tothe pedestrian circulation on Bridge Street.
A wide variety of comrnents were made by the planning Comrnissionconcerning this elernent of the proposal . While comments verycritical of tbis proposal were made, other commissioners fellthere was potential to nodify the design in response to concernsover the loss of landscaping and the separated walkway. There wasgeneral agreernent among the cornmissioners (and the staff) that theproposed additions cornplement the building by introd.ucing a more
human scale to this elevation. At issue with this propoial arethe irnpacts resulting frorn this infi11, both on the property andalong Brj-dge Street.
SUMMARY OF CHANGES PROPOSED
A number of nodifications have been made to this proposal . whileeach of these will be addressed in detail at the work session, thefollowing summarizes the fundamentar changes that have been madei
L. The addition of two planters contiguous to the building
2. Modifications to the shape and size of preViouslyproposed planters
3. Modifications to the footprint of the proposed infill
4. An additional street lamp has been added to theproposal
5. Additional landscape rnaterials are proposed in the areaof Vendettats deck
Two street benches have been added along Bridge Street
Modifications to second floor expansions have been
rnade.
STAFF COMMENT ON THESE MODTFICATIONS
Time does not allow the staff an opportunity to provide detailedresponses to each of these design changes. In general terms,these rnodifications have in no way changed the staffrs position onthis proposal. with the exception of trlro planter boxes, theproposal is substantially the same as the one oriqinally reviewedby the Planning Conmission. The separated walkway is elininatedby this proposal as are the freestanding planters along BridgeStreet. These two changes are the elements of this proposal thatmost directly conflict with the very specific Aoals outtined inthe Urban Design Guide plan.
There are issues directly related to this proposal that go beyondthe apptication itself. Among these issues is tfre builtenvironment versus open space features and the validity and roleof the Urban Design Guide plan. The buitt environment isobviously an important element of vail . Egually vital elements ofthe Villagets built environment are the open spaces, plazas andlandscape features that together establish its charn and appeal .
There is no question that frorn a strictly retail standpoint, theproposed infills witl benefi-t this property. But the (uestions gofar beyond this concept. The infi1l of seibert circte and slifeisquare would also provide great potentiar for retair development.Being public 1and, this is obviously not going to happen. tfrepoint, however, is that a balance must be struck betweencommercial interests and the interests of the village as a whoIe.The Guide Plan was adopted as a statement of what the communityfeels is irnportant with respect to design and development in viirVilIage.
There is no question as to the Guide planrs direetion for Lhisarea of Bridge Street. In every development review the questionof balance between the built environment and open spaces must beaddressed. With this application, the staff feels strongly thatthe public benefits of the landscaped planters and separit-awalkway far outweigh the benefj-t to the property owner that wouldbe realized from this infill.
6.
7.
3.
4.
6.
Modifications to the
An additional street
proposal
Additional landscapeof Vendettars deck
footprint of the proposed
lamp has been added to the
materials are proposed in
infill
the area
Two street benches have been added along Bridge Street
Modifications to second floor exnansions have been
made.
STAFF COMMENT ON THESE MODIFICATIONS
Time does not allow the staff an opportunity to provide detailedresponses to each of these design changes. In general terms,these modifications have in no way changed the staffts position onthis proposal . With the exception of two planter boxes, theproposal is substantially the same as the one originally reviewed.by the Planning Commission. The separated walkway is eliminatedby this proposal as are the freestanding planters along BridgeStreet. These two changes are the elements of this proposal thatrnost directly conflict with the very specific goals outlined inthe Urban Design Guide p1an.
There are issues directly related to this proposal that go beyondthe application itself. Among these issues is the builtenvironment versus open space features and the validity and roleof the Urban Design Guide PIan. The built environment isobviously an important element of vail . Equarly vital elements ofthe Villagets built environrnent are the open splces, plazas andlandscape features that together establish its charm and appear.
There is no question that frorn a strictly retail standpoint, theproposed infills will benefit this property. But the questions gofar beyond this concept. The infil-l of seibert circle and slifeisquare would also provide great potential for retair development.Being public land, this is obviously not going to happen. inepoint, however, is that a balance must be struck betweencommercial interests and the int,erests of the virlage as a who1e.The Guide Plan was adopted as a statement of what the cornnunityfeels is irnport,ant with respect to design and development in vailVillage.
There is no guestion as to the Guide planrs direction for thisarea of Bridge street. rn every development review the questionof balance between the built environment and open spaces hust beaddressed. with this appLication, the staff feels strongJ-y thatthe public benefits of the landscaped. planters and separitedwalkway far outweigh the benefit to the property owner that wouLdbe realized from this infill.
Snowdon and Hopkins r Architects
20f Gore Creek Drive 303-476-2201
Vail, Colorado 81657
November 21, 1986
Mr. Peter Patten
Town of Vail Planning Dept.
75 S. Frontage RoadVail, CO 81657
Re: Plaza Lodge AdditionLots G, H, I, J, K and part of F, Block 56,Vail Valley First Filingr Vai1, Colorado
Dear Peter:
Enclosed are four sets of information on our proposed request foran addition to the Plaza Lodge Building. The applicant, Plaza
Lodge Associates, Ltd., i-s requesting exterior modifications andalterations which requires submittal of the proposal to the Townof VaiI Planning Department by November 24, 1986, as per CCI zon-ing (Section 18.24.065). This proposal is requesting change inthe followinq two areas:
1. Exterior modification and alteration to the north,south, east and west elevations to accommodate:
a) Retail expansion down to street level along
Bridge Street.b) Incorporation of an elevator for Lodge usealong Bridge Street.c) Expansion of Vendetta's bar / restaurant toward
Founders Plaza,/Wa11 Street along the west.d) Additional decks and gas fireplaces on theeast and west for Lodqe rooms.
2. A change in landscaping coverage18.24.170) along Bridge Street.
(Section
These requests faIl within the guidelines of the Vail VillageUrban Design Guide Plan and Commercial Core I zoning; maintain
and enhance the unique character of the Vail Village; and j-s con-sistent with the purpose (Section I8.24.010) of CCI .
The existing and proposed permitted, accessory and conditionaluses ( Sections 18.24.020 through I8.24 .080 ) for basement, first,second and above second floor IeveI are maintained. There hasbeen a rearrangement to the second and third floor dwelling andaccommodation units; however, the new configuration has resultedin the same number of accommodation units available. This has
Mr. Peter Patten Page 2
allowed the Lodge, however, more flexibility in providing accom-
modations to the publi-c. The same number of kitchens (therefore
dwelling units) are incorporated into the redesign (including the
reuse of an unused kitchen from last year's approval ) which
creates 10 dwelling units and 11 accommodation units in total for
the Lodge building; all of which are available to the general
publ ic.
The lot area (12,554 square feet) and site dimensions (158' x
98') as per Section 18.24.090 are above the minimum reguired.
The setbacks (Section 18.24.100); height (Section lB-24.120); and
(see explanation above) density control (Section 18.24.130) are
unchanged. The incorporation of the elevator and connecting
hallways, along with the conversion of some common space to com-
mercial retail space (existing lobby and front desk becomes part
of retail *1) into the existing building design actually reduces
the amount of GRPA in the building. The loss of 331 square feet
of GRFA is balanced by a gain of 200 square feet of common area
and conversion of 359 square feet to retail square footage. Also
to be taken into account is 2,607 square feet of additional
retail square footage on the basement, first and second floor
which is new construction.
The coverage (Section 18.24.150) of the property with building,
ground level patios and decks will be increased; and there will
be a loss of landscaping and site development (Section 18.24-1701
due to the proposed expansion of the building. A1lowable site
coverage for the property is 101043 square feet, and the present
coverage is Bt25O square feet of building. The expansion of
Vendetta's to the west and the increase in retail space to Lhe
east will increase that coverage by I,500 square feet to a total
of 9,750 square feet (sti11 below the allowable). The loss of
landscaping along Bridge Street may be the most noticeable impact
of the proposal; however, there is only a loss of less than 30%
of actual landscaping area due to the amount of stairs, planter
walls and sidewalks incorporated into the original design. The
most southern planter element which contains several large aspen
and fir trees will stay in tact. The remaining planters will be
removed and incorporated into the new proposal. An additional
item to improve the apparent amount of plantings is the incorpo-
ration of liqht standards (5) along the sidewalk with arms for
hanging baskets (similar to the east walk of the Lodge at Vail)-
The combination above in conjunction with a more articulated
building facade will more than compensate for the loss of exist-
ing planter elements along Bridge Street.
Parking and Loading (Section 18.24.180) will be consistent with
existing conditions. No on-site parking is provided' and addi-
tional parking spaces for the increase in restaurant/bar and
retail space would, as per Town of Vail standards, be purchased
by the applicant. Loading requirements would be unci:anged and
the existing loading zone along the west side of Bridge Street
would stil1 service all portions of the building. Emergency
Mr. Peter Patten Drrra 1
access will be unchanged, as no elements of the new design will
project into any driving lanes as they presently exist-
The project wj11 comply with
18.24.220i and be developed as
Guide P1an. Considerations of
follows:
2. Vehicular Penetration is..-i----;-existing and established uses,fic and access patternri.
Sections 18.24.190 ' lB.24.2OO and
per the Vail Village Urban Design
the Urban Design Guide Plan are as
unaffected by this expansion ot
and wilI use all established traf-
1. Pedestrianization is improved by relocaling the existing
raised-GTXway to street 1evel. This will reinforce the pedes-
trian nature of Bridge street while stil l accommodating the
vehicular traffic. The existing raised walkway restricts usage
by the pedestrian because of its distance above street level, and
its restricted and isolated stair accesses. If service vehi-cles
are parked along the street edge blocking access to those stairs,
the shops and walkway is isolated. The natural tendency' and the
intent of the development along Bridge Street seems to encourage
pedestrJ-an usc of the street, not sidewalks. This is the case in
summer and most definitely in winter. The continuous walkway
(following the slope of Bridge Street and snow melted) will allow
for access at any point along its length, and encouragef rather
than discourage its use. The walkways raised curb and paver
material, along with new street lights will define the pedestrian
lane and keep service vehicles from blocking the waIk. The
expansion of Vendetta's bar area $/est onto the existing patio
will be a visual attraction to draw people across Founders Plaza
and up Wall Street. The present facade is tucked in behind the
!,/estern portion of the building and not visible until the pedes-
trian is up t{all Street or well into the Plaza. The new connec-
tion to Bridge Street will also increase the cross circulation
from Bridge Street to Wa11 Street establishing older traditional
patterns the area once had.
3. Streetscape Framework is reinforced by bringing the buildinq
access and di-splay down to street 1eve1, where the majority of
pedestrians can have a better interaction with the storefronts.
Added visual interest is reinforced by the increased articulated
storefronts and added activity generators in the new proposal 'creating new gathering points along the pedestrian path.
4. Street Enclosure is improved by creating a one and two story
base -elEment -alonq the east and west portions of the building.
This lowers the scale of the building down to a well defined
ground floor pedestrian front, and matches up with one and twostory elements across the street at the Rucksack and Red LionBuildings. The articulated front with its display windows pro-jecting in and out creates a facade very much in keeping with the
unique pedestrian scale of Vail Vi-1Iage.
Mr. Peter Patten Page 4
5. The Street Edge :Ls reinforced by the articulated front of
aispfay- wTnaows, creating a facade very much in keeping with the
unique character of the village core. The recessed entry to the
Lodge with its large.Eir trees creates a relief element to the
street and softens the length of the building- The steps in the
building facade and the gentle curve of the building as it
follows Bridge Street give a strong definition to the pedestrian
street, and reinforces the irregular edge established by the
street.
6. Building Height :Ls not affected, as the entire expansion
occurs within the e><i:sting envelope of the building- The new
roof lines will add variety and increase the mix of building ele-
ments which is encoura<Jed by the guide plan. The elevator encfo-
sure is contained wiLl:in the general mass of the buildinq and
does not extend beyond the peak of existing roof planes to inter-
fere with views or become a major element along the street.
7. Views are not impacted by the building expansion because all
improvenrents occur in:;ide existing building envelopes. and 9rejust creating new facades inside view planes of the existing
building (see enclosed sketches).
8. Service and Delivr:ry is unchanged and is consistent with the
rown p-1an by usTng-EEFting loading and parking zones presently
established along Bri-dge Street. Emergency and maintenance
access is not changed and will continue to service the building
using established streets and easements. Trash storage wi-I1 be
expanded and serviced from the north alley to accommodate all
elements of the building.
9. Sun and Shade are taken into consideration by keeping the
expanslon
additiona 1
Street or
diagrams).
within the mass of the existing building envelope. No
shading patterns are created on the p1aza, Bridge
the pedestrian walkway by this expansion (see enclosed
Architectural detailing and landscaping considerations will be
addressed during the design review stages of approvals and shall
not be expanded upon at this time. I hope the enclosed informa-
tion is adequate to begin the rev j-e!v process. If you need more
information or have any questions on the project, please let me
know.
Sincerel
Snowdon and Hopkins - Architects
CNS: jb
Enc.
oo
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(303) 476.2201
WE ARE SENDTNG YOU ! nttacnea n Under separate cover via
{ Prints
! Change order
THESE ARE TRANSMITTED as checked below:
LETTEI@F TRANSNNNTTAL
! Resubmit-copies lor approval
! Submit-copies for distribution
I Return
-corrected
prints
sN orilDoN &
["o.:t',f.? ;ffictttt
vAtL, coLoRADO 81657
TO
tr Shop drawings
tr Copy of letter
E For approval
.{ For your use
ts As requested
E For review and comment tr
tr FOR BIDS DUE
! Approved as submitted
! Approved as noted
I Returned for corrections
&
19- tr PRINTS RETURNED AFTER LOAN TO US
REMARKS
the following items:
! Specifications
coPtEs DATE NO.DESCRIPTION
ilfi( I ( a I {th wplirvfitu /{nd dP * 4vtt
/I l/,iltv,vt' fr ilrf, Wwwfr li?filri4
II tllril I ntt tiu,wrrome,at 'nwhn I
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4 tltw'I I b q rh[/r.rt,' dt l
ProDUnrGz /@hc,& r ta ol1n lt ancroauata rrc not aa nota4 kindly notity rra rt onca.
Si te Area:
Dens j ty:
FrNAL zoNrNe nrunlyslslAfhtBiSeE pERMrr MAy 5. 1e86
.2882 acres or 12,554 sg ft
Allowed 7 dwelling units (25 unjts/acre)
2nd fl oor
3rd floor
Exi sti no-tTu*
lau
lau
10 au
au
2nd floor
3rd floor
Proposed
8dulau
'l du
8au
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or .l5.
5
t1
du
10du&9au
or .|4.5 du (assumesis relocated to anwithin one year)
existing kitchen
accommodatio uni t
Retajl Addition: 1160 sf to Christy Sports
GRFA
Al lowed: 10,043 sfAdditjon: 't40 ai
Total GRFA with addit. 9,875 sf
Remainder GRFAafter addition,
GRFA remaining
SITE COVERAGE:
exces s
Al I owed:
Exi sti ng:
Addition:
Total coverage w/addjt:
Remaining after addit:
COMMON AREA:
Al I owed:
Ex i sti ng:
Addition:
Total with addition:
Surplus 47 sf counted as
L0,043 sf
7,760 sf
488 sf
8,248 sf
I ,795 sf
2,009 sf
I,935 sfl2l sf
2,056 sf
GRFA
168-47 of
infornrrtion is.ieQtritcd for submittbl by
a final approval cln be given:
iIA'TERIALS
.1'.,
,ti
6f lhtcrial
uppliclrnt to thc
Col o"
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PLANT HATERIALS
, Ouanti t!'a: --
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LIST OF MATERIALS
NAME OF PROJECT:
LEGAL DESCRIPTION:
STREET AODRESS;
DESCRIPTION OF P
The following information'i s required for submittal
Eoard before a final approval can be fiven:
A. BUILDING MTERIALS: TYPE OF MATERIAL
by the appl'icant to the Des'ign Review
COLOR
Roof
Si di ng
Other l,Jall Materials
Fasc'i a
Soffi ts
}li ndows
llindow Trim
Doors
Door Trim
Hand or Deck Rails
F'lues
Fl ashi ngs
B. LANDSCAPING: Name of Designer:
Phone:
Chimneys
Trash Enclosures
Greenhouses
0ther
PLANT MATERIALS:
PROPOSED TREES
Botanical NameFM-Si ze*
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(over)
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Quani ty
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Lt
F
Square Footage
r50
" PLANT I,IATERIALS:
(con't)
SHRUBS
EXISTING SHRUBS
TO BE REMOVTD
COVERS
Botanical Name Corrnon Name
SOD
SFFD
TYPE OF
IRRIGATION
TYPE OR METHOD OF
EROSION CONTROL
C. 0THER LANDSCAPE FEATURES (retaining wal'ls, fences, swirnming pools, etc.) Please specify.
t o
INTIR-DIPARTMENTAL REVI IH
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Reviewed by:
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Date
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Cc;:rents:
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PROJECT:
DATE SUBI4ITTED:
COI'1I4ENTS NEEDED BY:
BRIEF DESCRIPTION * ffi
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I
PUBLIC NOTICE
N0TICE IS HEREBY GIVEN that the Planning and Environmental Commission of the
Town of vaiI will hold a public hearing in accordance with sectjon .l8.66.060
of the municipal code of the Town of vail on February 9, 1987 at 3:00 pM in
the Town Council chambers in the Vail Municipal Buildjng.
Consideration of:
1. A request for an exterior alterat.ion in order to add more than 100
square feet to the Plaza Lodge bujlding located at 291. Br.i dge Street on
Lots G, H, I, J, K and part of F, Block 5C, Vail Village First Filing.
Appl icant: Plaza Lodge Associates, Ltd.
2. A request for an exterior alteration in order to add more than 100
square feet and for a conditional use permit.i n order to expand an
existing d'i ning deck and construct another dining deck on the Bell Tower
Building located at 201 East Gore Creek Drive on a part of Tract A.
B'lock 58, Vail Village First Filing.
Applicant: Bell Tower Associates. Ltd.
3. A request for a variance in order to install a satellite receiving dish
greater in size than the maximum allowed at 2271 North Frontage Road
l'lest.
Applicant: Sky-Hi Vai1, Inc., dba KVMT Rad.io
The applications and information about the proposals are available in the
zoning administrator's office during regular office hours for publ.i c
'inspecti on .
TOI{N OF VAiL
COMMUNITY DEVELOPMENT DEPARTMENT
THOMAS A. BRAUN
Zoning Administrator
Published in the Vail Trail on January 23, 19e7.
Date
o
of APplicati on 11/2U186
APPLICATION FORM FOR EXTERIOR ALTERATIONS
OR MODIFICATIONS IN COMMERCIAL CORE I (CCI)
r- This procedure is required, for alteration of an existing buirdingvrhich adds or _removes any enclosed. floor area or outd.ooi patio orreplacement of an existing building sha1l be subject to rlview bythe Planning and Environmental Commission.
The application will not be accepted. until all information is submitted.
A. NAME OF APPLICANT Plaza
ADDRESS 1 PHONE Q14) 969-7500
e Associates. Ltd.
r, Da}las, Texas 75201
ADDRESS va]-l_. uoJ_oraoo oro)/
c. NAME 0F 0WNER (pr.in a Lodge Associates ,
SIGNATURE
ADDRESS
TOCATION OF PROPOSAL
ADDRESS 291 Bridge Street, Vail , Colorado
476-2201
Ltd. c/o Clark Willingham
PHoNE Qt+1 969-7500
D.
LEGAL DESCRIPTION K
Vail , Colorado
PPNDE'PTV T T IFC
T 7\ l\tn
First Filtug,
,..''
,\\lf\ r /\/i t\ r'.|?r\N.:.1\ u .l-l\JreJ_|,I I\Jl\
l!.
F.IMPROVEMENT SURVEY
OP BUILDING AND ANY
$loo.oo rnnCl-4NW l0*,8b.
OF PROPERTY SHOWING
IMPROVEMENTS ON THE
G. A LIST OF THE NAME OF OWNERS OF ALI PROPERTY ADJACENT TO THESUBJECT pROpERTy and their ma.i ling addresses.
rr' Four (4) copies of a site pran containing the following information:
A' The site plan sha1l be drawn on a sheet size of 24,, x 36,, at a scaleof 1" = 2o'; a variation of the sheet size or scale may be approved.by the Community Development Department if justified;
Applicati"" O Exterior Alteration o, *firr.CCI page 2
B. The date, North arrol^t, scale and name of the proposed developmentshall be shovrn on the site plan;
C., The existing topographic character of the site including existing
. and proposed contours. This condiLion will only be requred forexpansion area where there is a change of tvro feet of gr:ade;
D. The location and size of all exist.ing and proposed builclings, struc-tures and improvements;
E. The existing and. proposed landscaping;
F. The location of all eiisting and proposed build.ings, structuresand patios or decks.
III . The applicant sha1l submit in written and graphic form, a preponderanceof evj-dence before the Planning and Environmental Commissj-on thatthe proposal is in conformance with the purposes of the CCI Distl:ictand that the proposal substantially complies with the Vaj-I ViilageUrban Design cuide plan.
A. If the applicant is proposing a major change in the Vail VillageUrban Design Guide PIan. the procedures for ihange are note<l in. Section L8.24.22Q (B).
IV. The applicant'must also submit writ.ten and graphic supporting materialsthat the proposal substantially cor::piies rviLh lne fo:-1c.,.ring UrbanDesign Considerations seclion of the Vait vil-lage Design Co;rsideralion.
A. PedestriirnizationB. Vehicle PenetrationC. Streetscape FrameworkD. Street EnclosureE. Street Ed.geF. Building Heightc. ViewsH. Sun Shade Consideration
Many of the above items .should'be addressed in some graphic meansusing such tools as sketches, simulations, models (incLuding neighboringbuildings), photos, etc
The Town of Vail Zoning Code for CCI also describes other zoning issuesthat the applicant. mu=t' respond to in written or graphic form.
VI . Applications for extcrior altcratj.ons or noclificatioas in CCI can' are only reviewed semi-annually. They need to be submitted beforetlre fourth Monday of May or November. For more specifics on thereview schedule, see Section 18.24.065 A-5.
v.
PLANNING AND ENVIRONMENTAL
72/8/86
COMMi SS ION
PRESENT STAFF PRESENT
Diana Donovan
Byran Hobbs
Peggy 0sterfoss
Duane Piper
Sid Schultz
Jim Viele
ABS ENT
Pam Hopkins
The meeting was called to order by the chairman, Duane piper.
l. Approval of minutes of November 24, 1986.
A correction was made on item #3. Donovan moved and Viele seconded to approvethe minutes with the correction. The vote was 6-0 in favor.
2. Qonsideratjon of a request for a minor amendment to the Hong Kong Cafe
development plans for the location of the allev qate.
Tom Braun explained the request. Byran Hobbs moved and Viele seconded to grant
the request as long as the Hong Kong restaurant agreed with the request.
The vote was 6-0 in favor.
3. Appgil gf a staff decision concerning the interpretat'i on of street level
Cllhe Sitzmark Lodge.
-=--_:----Applicant: Bob Fritch
Duane Piper moved to the audience and Jim Viele chajred this .i tem. Peter
Patten explained that the sitzmark wanted to expand an exjsting office space
which the staff believes is a nonconforming use because the space is on thefirst or street level . He pointed out that there were many situations sim'i larto the one at Sitzmark, such as the Plaza Lodge shops, the east sjde of theBell rower Building and the Fountain cafe in the creekside Building. Theapplicant'i s appealing the interpretation of street level and feel the offjce'is on the second level .
Duane Piper, representing the applicant, felt this was more a consideration ofdegree. He felt that many of the examples shown to be similar were less
extreme than that of the Sitzmark, the greatest difference in grade being 4'as
opposed to the 8 feet at the Sitzmark. He added that if this was first iloor,then there must be a basement. Piper stated that there needed to be a moredefinitive explanation in the zoning code, for the street was well below thestreet level .
Sid schultz said that it was difficult to look at the zoning code and try toapply floor levels as therein described. He felt that street levels couid be a
Peter Patten
Tom Braun
Betsy Roso'l ack
t
at a number of different levels in different p'laces, but that the intent of the
code was to have retail shops near the pedestrians. with the design of the
berm, the intent at the Sitzmark was to get people off of the street. If the
berm were removed, and shops p1 aced at berm level , he would see it as street
level .
Diana Donovan agreed with the staff memo. Byran Hobbs abstained. peggy
Osterfoss stated that she would like to see the code clarifjed, that
technica1 1y, if one has to wa1 k up I steps, it would be Znd leve] , but she feltthat the intent of the code was to interpret this as first level . She repeatedthat she would fike to see a rewording of the definition. Jim viele agreedthat the definition needed to be cleaned up, but in the meantime would go a1 ongwith the staff interpretation.
iana Donovan moved and 'i d Schultz seconded to ld the staff
nte retati on.was4tou e sta
aosf,enf, t ons .
4- Pre]i.Tinary review of exterior alteration proposals for the following
buildinss:
a.
b.
c.
d.
e,
t.
BU I LD ING
Clock Tower
Casino Bui1ding
Plaza Lodge
Bel I Tower
Lionshead Center
Sitzmark Lodge
LENGTH OF STUDY PERIOD
60
60
90
90
90
90
days
days
days
aays
oays
days
PEC 12/8/86 -2-
The vote was 4-O-L in favor of tabling with Viele abstaining.
5.Ar est for an r alteration and a conditional uset to all ons to the Plazacants:Associates, Mr. and OscarTanq.
that it was a good ideaconstruction. Bill_
j'--
t)-,1 f ,r1 (yu""l/
Tom Braun explained the changes requested and reviewed thecriteria for exterior altera{.ions and for conditional uses andstated that the staff reconmended approval of both. Theconditionar use was for rernovar or ln accommodation unit on thesecond floor. Torn added that the applicant would restrict Zunits to the existing use restrictions outlined in section17-26.o75 (condo conversion regurations). These units arespecified on plans filed with tne Department of CommunityDevelopment.
craig snowdon, representing the appricant, showed elevationsand.a-ngg"l and pointed out the exlerior changes. Jay petersonstated that the building could have been totalfycondominiumized, but the owner wished to renovate, but stilloperate as a lodge.
BilL Anderson of Beck and Associates explained the constructionschedule. Peggy felt the changes were iositive, but hadconcerns about the gas meters not being screened and thedownspout needing to be moved further 6ack. craig respondedthat they would screen the meters and move the dorinspouc.
More discussion follov,red. Diana feltto clean the windows even during theagreed.
J.J. noved and Diana seconded to approve the exterioralteration and the cond.itionaL use iequest re the staff memosdated August 24 with the stipulation €nat tne windows becreaned by Novernber 2r and the gas meters be screened and thedownspout be moved. The vote wis 5-O in favor.
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ALTA COT,IFI ITFIENT
$CHENULE A
Arpl icati on Na' V11537
For Inf or.natlon Etn.l v
- Charees -
ALTA OI,,JNER FOLICY $1,3'A?. OO
s5. ooTaxcertt*:-TnrAL-- *r,*g4.er)
l,li th vour remi ttance pl ease ref er to V1 1537.
1. Effectiv€ ftatet Decenrben 11., 19S7 at g!gQ A.lvl.
2. Fol ic'r ts be isgued, and eropc,sed Insured!
"ALTA" tJuner's Fol icv t$l'5t10'O{10.00
Fnrm B-1970 (Amcnded lr.,-17-70)
Propnsed I nsured:
OSIAR L, TANG and FRANCES TANS
3. The eEtate or intecest in the larrd descnibed or refer'ned t,:, in
this Comrnitrrent and covered henein isl
A Fee Simple
4, Title to the estate or inteneet covered herein is at the
effective date hererrf vested inr
PLAZA LOETSE ASSOCIATE:i, LTEI., A ColoradE Limited Partnership
S. The land referred ta in this tronmitment is d*scribed as
f ol lorrrs:
A PSRTION OF LCITS B, H' T, J ANEI I-{, BLBCK 5-C VAIL VILLA|fE,
FIRST FILINB, ACCORDING TO THE REfiORTIEB PLAT THEREIfF, COLINTY NF
EAGLE' 'dTATE CIF I]OLORANO, AND PART OF LOT F, BLOCI{ 3-C, VAIL
VILLAGE, FIRST FILINB, ACCORDING TO THE RECTIFIIED PLAT THEFEOF,
COUNTY FF EAIfLE, 'STATE BF COLBRANB. MI:IRE PARTICULARLY NE$CRIBEN
AS FOLLSI"IS!
CUHI1ENCINLI AT T;E $OUTHI,JEST CORNER CIF SAIF LOT F; THENCE
EASTERLY ALONO THE SOUTHERLY LINE BF $AIN LOT F' A DISTANCE OF
27.9.5 FEET TO A PDII{T OF INTER$EtrTIEIN [^,ITH THE I"IESTERLY $InE OF
PAISE 1
ALTA COTlI,I ITI'IENT
$f,HEDULE A
Apr, licatian No. Vl1537
A STAIRI,IAY ANN THE TRUE POINT OF BEGINNINGi THENCE ON AN ANGLE
TB THE LEFT NF S6 NEGREES OS }4INUTE$ S6 $E']ONBS ANN ALONCT SAID
HESTERLY SIDE, A EI-gTANEE CIF S.OO FEET TO THE NCIRTHERLY $IDE OF
$AiD $TAIRHAYi THENCE NN AN ANSLE TO THE RI6HT t]F ?O NECiREES OO
I,IINUTEE OO .5ECON['S ANU ALONIS SAID NORTHERLY SIFE, A DISTANCE OF
2O.O5 FEET TO THE EASTERLY SINE 6F 6AITI STATRI.,'AY| THENCE NN AN
AN$LE TO THE RIGHT ?O DEGREE$ OO I,IINUTE$ OS SECBNES AI'IE ALBNG
SAiB EASTERLY SIDE, A NISTANGE OF 1.65 FEET TCI A PIIINT CIN THE
SCIUTHERLY LINE CIF $AID LOT F; THENI:E ON AN ANGLE TO THE RIGHT
OF 86 NEGREES 08 HINUTES 56 SEEONN$ AND ALOHE THE SBUTHERLY
LINE A DISTANCE EF 20.10 FEET, },IORE SR LESS' TO THE TRUE PDINT
OF BEGINNING.
NOTE' SAID LE6AL NESCRIPTION I.'ILL BE AI,IEHDEB UPON PRNPER
COI.,IPLIANCE I^IITH ITEH 7, S']HEDULE B-1 HEREIN.
1
-t
PASE
ALTA CfJI'1 HIT
$[:HENUL€ B-I
( Reqrl i rerre nt s )
MENT
Appl icatir-,n
'':f,
Na. V!1537
The f ol I ouing are the requinenrents t,r be compl ied uith:
1. Pavment to or far the account crf the srarrtars or mortsaesrs ofthe f r.rl I cansideratian f nr the estate or interest to bei nsured.
Propen instrurnent(g) cneatins the estate sr int*rest ta beinsured must be e;<ecutsd and dulv filed for record, to-h,itr
PARTIAL RELEA$E OF BEED OF TRUST BATEI fiecember O6, 19F$, FROH PLAZA LBDGEASSOCIATES' LTD.' A Colonado Ltmited Fartnershie TO THE PUBLIC TRUSTEE OFEACLE COUNTY FOR THE UsE OF PLAZA LONISE, INC,, A TEXAS CORPORATISN TOSECURE THE $UH BF tZ'5OO'OOS.OO RECORBED Oecember OAr 1985, IN BOOK 4g1 ATFAriE 794.
.sAiD nEED EF TRU$T HAs AssrcNED To l(ANALy rRusr cuMpANy IN A$5ILINilENTRECORBEI Octoben 13, 1987, IN E$0t( 4Zt AT PAGE 7CrS.
RELEA.SE CtF FINANCING STATEMENT FROH PLAZA LI]BOE A$SOCIATES, LTN., ACOLCIRABO LII,IITED FARTNERSHIP, WITH PLAZA LSDGE? II'JC., THE SECUREN PARTY,RECORDEII Becember Cr6, 1?Bg, IN E0rll{ 481 AT pA6E 7pg.
SAID FINANCINO STATEMENT h'A$ ASSIGNED TO KANALY TRUST COI"IPANY IN AS$IGNHENT
RECORDETI OI:TOBER lG, 1?S7 IN BOOK 471 AT PAfiE 7OP.
PARTIAL RELEASE OF EEED OF TRUST BATED Oecemben 32, 1986, FROt"t PLAZA LBBSEASSOCIATES' LTn. ' A LOLfrRAnO LIHITEU PARTNER$HIP TCI THE PUBLTC TRUsTEE OFEAGLE CAUNTY FOR THE USE CIF FIR$TEANI{ OF VAIL TA SECUFE THE SUH 8F$4oo'ooo.oo REEORDED Dscernber 2?, r?s6, IN BaoH 4F4 AT PAGE s65.
SAID DEEB SF TRUST WAS FURTHER $ECURES IN ASSIGNHENT OF RENTS RECOROEFDecemben ?9, 1986, IN BOOH 4S4 AT PAGE S66.
PARTIAL RELEASE oF DEED gF TRU$T DATED July 27, rsaz, FR0H FLAZA LoDsEASSOEIATES' LTE. ' A COLORANO LIHITED PARTNERBHIP TO THE PUBLIC TRUSTEE OFEAGLE CfiUNTY FOR THE U$E CIF I'IR. frSCAR TANG TO SECLIRE THE SUH OFlil'20o'ctoo.$o REC0REED Aueust 17, 1?97, rN BoCIK 466 AT pAsE 7,
CONNOMINIUH HAP ANB DECLARATION ACCEPTABLE TO THE COI,IFANY TO EE RECORDED INEABLE COUNTY.
3
4.
5,
6.
PAGE
ALTA CST4MITI'1 ENT
SCHEEIULE B-1
(Requirements) Apnlication Na. V11S37
€. EVIDENCE $ATI$FACTSRY TO THE COT,IFANY THAT THE TERI4S' CSNNITIIf,NS ANII
PROVISIEN$ OF THE TOI^IN CIF VAIL TRANSFER TAX HAVE FEEN SATI$FIED.
?. WARRANTY BEED FROH PLAZA LONGE ASSfiCIATES' LTD.' A CoIar.ado LiMitCd
Partnershie TO CI.5CAR L, TANG and FRANCES TAN$ CONVEYINC SUB'"IECT PFSPERTY.
NOTEI CERTIFICATE ANB ARTIBLES OF LIHITED PARTNERBHIP FNR PLAZA LBiT$E
AS$fiCIATES, LTB. trIgCLOSE$ CLARK -9. WILLINCHAT"T TO BE THE {}ENERAL PARTNER OF
PLAZA LODCE A$SOCIATES, LTB., A LIHITED PARTNER$HIP.
THE fiI:'UNTY CLERK AND RECORNER$ $FFICE REAUIRES RETURN
ABDRESSEB BN DOCUMENTS SENT FOR RECSRNINGII
PAGE 4
+-':-F_
I
ALTA *CI}4Fl ITHENT
SCHENULE B*2
{Exceptions) Aprl ication No. V11537
The pqlict sr pqlicies tc be isgued rrrill contain exceptions to the
fcllourlns unless the sarne are dispased af ta the satisfactiorr of
the Comranv:
t. Standard Exceptions I throueh -5 rrinted on the ccver sheet.
6. Taxes and aseessrrents not vet due sr ravable and sp€cIaI
asE€ssnents not yet certified to the Treasurer'5 office.
7. Anv unpaid taxes oF assesgments asainet gaid land.
A. Liens for unpaid tuater and geuer charges' if anv.
9. RIGHT [F PRSPRIETOR OF A VEIN OR LODE Tg EXTRAET AND REI'IOVE HIS I]RE
THEREFROT,I SHOULTI THE *qAHE BE FI]UNN TO FENETRATE OR INTER$ECT THE PREHI$ES
AS RESERVED IN UNITED .STATEG PATENT RECOREED JuIY 12' 18?9' IN BO0K 4B AT
PASE 47S.
10. RIGHT OF I,IAY FOR BITCHES BR CANALS CON$TRUCTEE BY THE AUTHORITY OF THE
UNITED STATES AS RE$ERVED IN UNITED STATES PATENT RECORTIEB 'IUIV 12' Lgp?,
IN BOOK 4S AT FASE 475.
11. RESTFICTIVE COVENANT.S I.IHICH DO NT'T CONTAIN A FORFEITURE L1R REVERTER CLAUSE'
BUT Of'IITTIN$ RESTRICTIONS' IF ANY, EASED ON RACE' IBLER' EELIGION' OR
NATIONAL ORIGIN, A$ CONTAINEIT IN TNSTRUHENT REIORDED Ausust lO' 1962' IN
BOOK 174 AT PAGE 17?.
12. TERH$, CONNITIONS AND PROVISIONS OF A PERPETUAL EA.$EHENT FOR INSRESS AND
EORESS CINLY FOR PEDESTRIAN AND VEHICULAR TRAFFIC OVER AND ACROSS LOT K A$
NESCRIBED IN BOCUMENT RECORDEB OECEHBEF 2, 1P77 IN BOOK 363 AT PAGE 25O.
13. EXISTING LEA$ES ANB TENANCIES.
14. ENCRBACHIIENT OF ROCH PLANTERS ONTO BRINGE STREET ANN PLANTERS ONTO WALL
STREET A$ SHCII"IN ON IMPROVEI.IENT LOCATICIN CERTIFITATS BY EASLE VALLEY
ENGINEERING & SURVEYINS, INC., DATEIT OCTf,BER 30. 1?85' ANE REVI$EN NOVEMBER
12, 1p85, JoB NO. 1060.
15. ENCROAEHHENT OF BUILDING OVERHANG AND $TAIR$ aNTO A PORTION OF LOT F' BLOCK
5-C, VAIL VILLAGE, FIRST FILINS, A.S sHO!.IN ON IMPRBVEHENT LOCATISN
CERTIFICATE FY EA6LE VALLEY ENGINEERING & SURVEYING' INC, ' f,IATED OCTOBER
30, 19S5, JOE NO. 1060.
PAGE 5
ALTA COI,IHITI,I ENT
.* $CHENLILE B-2
(Excerticns) Application No, Vt1FST
T6. ENCRSACHFIENT CIF DECK ANN PLANTER$ ONTO A PORTION OF A RE$UBDIVISION SF PARTOF LOT$ A AND C VAIL VILLAQE, FIRST FILINB A6 SET FORTH IN IHPROVEI"IENT
LOCATION CERTIFECATE BY EACiLE VALLEY ENfiINEERING & SURVEYING, INC., DATEDocroBER 30' 199s, AND REVI$EEI N0VEHBER 12, 1?s5, Joa No, loao,
17. EA$EI"IENTS' RESERVATIONS ANtr RE$TRICTIONS A$ $HOHN OR RESERVED ON THE
REtrORNEN FLAT flF VAIL VILLAGE, FIRST FILING.
PAGE 6
APPLICATION DATE:
DATE oF DRB MEETrilc . I/l/t/
-
RB APPLICATION
*****THJS APPLICATION l'lILL NOT BE ACCEPTED UNTIL ALL INFORMATION IS SUBI{ITTED*****
I. PRE-APPLICATION MEETING:
A pre-applicat'ion meeting with a planning staff member is strongly suggested to
determine if any additional information is needed. No application will be accepted
unless it is complete (must include ajl items required by the zoning administrator).It is the applicant's responsibility to make an appointment with the staff to find'
out about additional subm'i ttal requirements. Please note that a C0MPLETE applica-tion will streamline the approvai process for your project by decreasing the numberof conditions of approval that the DRB may stipulate. ALL condjtions of approval must
be reso'l ved before a building perm'i t is issued.
A.PROJECT DESCRIPTION:
B. LOCATION OF PROPOSAL:
Addres s
Legal Description rot/4ffuffietocr 6/Filing
Zon i ng
C. NAME OF
Addres s
tur
I
D. NAME OF APPLICANT'S REPRESENTATIVE:
Addres s
E. NAME OF OWNIRS:I
S i gnature
Add res s
'F. DRB FEE:The fee wjil be paid at
VALUATION
$ 0-
$ 10,001 -
$ 50,001 -
$150,001 -
$500,001 -$ Over
q 1n nnnY 4vtvvv$ 50,000$ 150,000$ 500,000
$1,0oo,ooo
$1,ooo,ooo
$ 10.00
$ 2s.00
$ s0.00
$i00.00
$200.00
$300.00
THE DRB:
1. In addition to meeting submittal requirements, the applicant must stake the site
to indicate property lines and buildjng corners. Trees that will be removed
should also be marked. Thjs work must be compieted before the DRB visits the
site.
IMPORTANT NOTICE REGARDING ALL SUBMISSIONS TO
2. The reviell process for NEl,l BUILDINGSof the Design Rev'iew Board, so plan
3. People who fail to appear before the
meeting and who have not asked for a
republ i shed.
will normal 1y involve two separate meetings
on at least two meetings for their approval .
Design Review Board at their scheduled
postponement will be required to be
APPLICANT:
te I e p hon e XIX:Xl[:bf 46
telephone 41h:W
terephone 4lWW6
the time a bu i 'ld'i ng perm'i t i s reques ted .
FEE
LIST OF MATERIALS
NAME OF PROJECT:
LEGAL DESCRIPTION:
STREET ADDRESS:
DESCRIPTION OF P
The following information is required for submittal
Board before a fina'l approval can be fiven:
A. BUILDING MATERIALS: TYPI OF MATERIAL
Roof
Si di ng
0ther liall Materials
Fasci a
Soffi ts
l.li ndows
|.lindow Trim
Doors
Door Trim
Hand or Deck Rails
Fl ues
Fl ashi ngs
Chimneys
Trash Enclosures
Greenhouses
0ther
by the applicant to the Design Review
COLOR
B.
.
,
LANDSCAP I NG :
PLANT MATERIALS:
PROPOSED TREES
EXISTING TREES TO
BE REMOVED
Name of Designer:
Phone:
/1/e .
Botanical Name Common Name Quani ty Si ze*
for coni fers.
(ove r)
*lndicate ca'l iDer for deciducious trees.Indicate height
PLANT MATERIALS:
(con't)
SHRUBS
EXISTING SHRUBS
TO BE REI'|OVED
GROUND COVERS
Botanical Name
T.vpe
Comrnon Name Size
,I
Square Footage
s0D
SEED
TYPE OF
IRRIGATION
TYPE OR I'IETHOD OF
EROSION CONTROL
c. 0THERT LANDSCAPE FEATURES (retaining wa1ls, fences, swimming pools, etc.) please specify.
TO: Planning and Environmental_ Commission
FROM: Conrnunity Development Department
DATE: August 24, L9B7
SUBJECT; The plaza Lodge proposal
At one time, this application involved the review of fourseparate Pranning cornmission approvars. over the past fewweeks the staff and.applicant have been working onrnodifications to this proposal. The results oi thesenegotiations have been the erirnination of the previouslyrequested height and density contror variances. The reirainingapprovals required to facilitate the proposed. redeveloprnent oithe Plaza Lodge include:
1. An exterior alteration
2. A conditional use permit for the removal of adwelling unit from the second floor of thestructure.
The need for the density control variance was elininated by thereduction of actual new floor area as well as the conversi6n ofexisting common area into GRFA. The proposal no longerinvolves a fourth floor add.ition. rtrl rlaesign invorves anurnber of srna11 extrransions at various locatiois on the secondand third floors.. fn addition, l_oft space is being added t,othe third floor without affecting the Lxisting exterior of thebuilding in this area. fnis cnrf (approxirnat6fy asO squarefeet) is being add.ed through the proirisions of 6rdinan6e +.
The deletion of the fourth froor also eliminated the need for aheight variance. The only changes to the roof include aproposed dormer "l -tl".Brid.ge Sireet side of the building.while the roof height is chinged in this u.."u. of ine strricture,il i= technicallV not increasing the existing non-conformingstatus of the plaza Lodge roof height.
The accompanying memos outrine the staff position on the tworeguests involved in this proposal
TO: Planning and Environmental Cornmission
FROM: Corununity Development Departrnent
DATE: August 24, L987
suBJEcr: A request for a conditional use perrnit to remove adwelling unit from the second floor of the praza Lodge
Applicants: plaza Lodge Associates and Mr. and Mrs.Oscar Tancr
The removal of any acsonmodation unit or dwerling unit fromthe second froor of any buirding within cornrnerciil core rreguires approval of a conditioial use perrnit. Thisprovision was incorporated into the zorrirrg code for the corearea to ensure a variety of activities in this rnixed. usearea.
I. DESCRIPTION OF REQUEST
The proposed. redeveropment of the praza Lodge involves rnajorrenovations to the second and third. froors. The proposed.nodifications incrude the elirnination and realignine"i "iexisting dwelling and accommodation units. irr"i" changes donot increase the density of this property as definea uv-irr.-?ollnS.code. proposed ihanges to-th6 lolge include thefollowing:
Existinq Conditions
2nd Floor:
4 a.u. rs
5 d.u. rs
3rd Floor
,rlh l-0 a.u. ls
['t 1 d.u.
Proposed
2nd Floor:
4 a.u. rs
4 d.u. rs
3rd Floor
3 a.u.!s 1-
3 d.u. rs
ft_ shourd be.emphasized. to the planning comnission that thisrevrew pertains only to the second f100r. As indicated ontt_t9 1bov9 table, the proposed rnod.ifications result in theerrnrnat.ron of one dwelling unit. while there is a netreduction of five units fr5m the third floor, tfrese changesare outside the purview of the planning Conmi=sion.
rI.qlEcrAL CRTTERTA USE FOR ANY CONDITTONAL USE PERMTT WTTHIN
B.
qOMMERCIAL CORE I INCLUDE THE FOLLOWING:
A. Effects of vehicular traffic on Commercial Coredistrict,
F.99l!*nuenqg_gF the various conmercial , residential,tht i" . ,r="Fnaintain the exisfln qqter of the area,
There would be no. significant impacts resulting from theproposed changes to the plaza Lodge.
vlhile the total number of units is reduced throuqh thproposal, there should be no significant decrea=J--i"vehicular traffic into the "o."]
1S
D.
F
The reason for modifications of this type being reviewedby the. planning cornmission is to ensure the mixed usecharacter of the ViIIage core. At face ";i";;--t;e staffhas difficutty supportins a request of rhi; iip;l- rooffset staff concerns, ttre appficant has .g""-"'d-iorestrict seven units to the Elistrng use restrictionsoutlined in Section L7.26.o-ts (cond5 conversion---regulations). These restrictions are similar io wnatapplies to the Ramshorn Lodge and the phase rv buirainqof Vail Village Inn.
G.
The modifications to the second. floor units does notsignificantry affect the arcnitecture or exterior rinitsof this building.
Reduction of vehicular activity in Commercial Core
Reduction of non-essential off-street parkinq.
This proposal does not affect this consideration.
9ontrol of deliv ickup and service vehicles.
This criteria remains unchanged.
se by ped.estrians.
This criteria is unaffected by this proposal .
coltf ol _ qual ity_o f construction, 3llhi!_gglglal desiqn,
SO ASto naintain @ of the area.
Such other factors and criteria as the commission deemsIII.
rv.
applicable to the roposed use.
FINDINGS
The conmunity Deveropnent Department recomrnends that the
!::|ili:"al use pernit be approved based on the followingr r_ndlngs:
That the proposed location of the usethe purposes of this ordinance and thedistrict in which the site is located.
is in accord withpurposes of the
That the.proposed location of the use and the conditionsunder which it wourd be operated or maintaineo woura notbe detrirnental to tlre puUlic health, safety, o1' ,"ff.r"or materially injurious to properties or irnprovements inthe vicinity.
That.the proposed use would conply with each of theapplicable provisions of this oiainance.
IV.STAFF RECOMMENDATION
The staff recommendation for the conditional use perrnit isapproval . while we are uncornfortable with the ovLratl_direction of this proposal , our review criteria are notadequate to prevent th9 proposed rnodi-fications to the prazaLodge. Given the appliclntSr commitment to ,"=iri.t z i;;k-off units to an overnigrrt rentar poor, and by maintaining thefront desk facirities, our concerns are being mitigated to adegree.
rn looking at this proposal from an overarr perspective, onemust consider what could be done under ""irti"g-iegutationsrelative to the potential condominrun conversion of thisrodge' As the cbndo conversi-on ordinance stipulates, anyaccommodation unit must be restricted as outlined in sectionL7.26. This would result in a total of l-4 exi=iing a.u.rsbeing restricted in the event of a condominium conversion.However, the applicant could propose converting alI of thea.u.ts on the third floor to h.,t'.t=. This could be done withno required planning cornmission approvals, ana it convertedto d.u.rs, ohrnerrs use restrictioni would'not appfy in theevent of a condominium conversion, und.er this worst casescenario, the Town could be left with only ;-;.;:;s on thesecond f100r being restricted. Given the'faci ihat theappricant has agreed to restrict 7 units (4 on ttre seconafloor and 3 on i.he.tniro-iio"ri, an" stafi is in support. orthe requested conditional use permit.
TO:
FROM:
DATE:
_o _ oPlanning and Environnental ConmisEion
Conmunity Development Department
August 24, L987
r.
SUBJECT: Request for an exterior alteration in order to rnakeadditions to the plaza Lodge.
APPLfCANTS: Mr. and Mrs. Oscar Tang
DESCRTPTION OF REQUEST
Proposed modifications to the Plaza Lodge involve totallyreworking the second and third floors. Exterior changesto the building include relatively rninor additions at fourpoints of the buiIding. These include:
1. The addition of a dormer and expansion of the
second and third floors by 3.5 feet over adistance of 29 feet.
A small addition on the Bridge Street side of.the building on the second and third floorsinvolving a total of approximately 40 squarefeet (adjacent to the elevator tower).
An addition of approximately 6G square feet onthe third floor above Vendettars restaurant.
4. An expansion over the existing deck area on the
second and third floor on the plaza side of thebuilding. This addition extends approxinately,10 feet from the building at its greatestpoint.
There are also a nurnber of changes occurring within thebuilding that are outsid.e the purview of this review. Asstated in the introductory memo, the proposal is withinaII zoning/development standards prescribed for CommercialCore I.
rI. CRITERIA TO BE USED IN EVALUATING THIS PROPOSAL
The Urban Design Guide plan and standard zoningconsj.derations are used. in reviewing development proposalsin Commercial Core I. The design consideralion= in theGuide Plan were adopted to augment these traditionalzoning standards. They are,intended to a1low for greaterflexibility and creativity in designing projects in tfreVj-llage, while recognizing and rnaintaining its uniquecharacter.
2.
3.
The Guide Plan serves to identify desired physicalimprovements for strengthening the overall tlfric of VailVil1age. These irnprovernents ire generally d.esigned toreinforce the overall character oi the viltage, withparticular enphasis placed on improving the pedestrianexperience. These irnprovements lre reierred-to as sub-area concepts. There are no sub-area concepts relative tothis proposal .
Design Consideratj-ons address the primary form-givingphysical features of the Village. They provide-adescription of these key elernents, without which the irnaqeof the Viltage would be noticeably different. It is thegoal of the Design Considerations that through theirapplications, future d.esign changes will be ionsistentwith the established vilrige chaiacter and make positivecontributions to the Village experience. Theseconsiderations include the following:
Pedestrianization
Because all of the improvements proposed with thisapplication are above street tevet, there is no impact onpedestrianization.
Vehicular penetration
Vehicular penetration is not affected by this proposal .
Streetscape Framer,,rork
Streetscape franework remains unchanged with thisproposal .
Street Enclosure
The proposed additions on the plaza side of the plaza
Lodge do not directly affect the street enclosure because
9-f tfrg presence of Foundersr plaza. While a portion ofthe addition will create a straight vertical iace overthree stories, this is over a fairly sma11 portion of theentire building frontage.
The. staff. has- spent a great deat of tine analyzing theactclrtron to the Bridge Street sid.e of the buildinqt andfeel- that the proposal wiII result in an overallr-mprovenent to this part of the building. The extent ofthe building expansion is linited to 3.i feet. Thischange in the building will not significantly affect thesense of enclosure in this area (nor is it falt to affectthe street enclosure assuming red:evelopment of adjacentproperties) . ft is felt the ad.d.ition i,iff Ue positive tybreaking up the existing mass of the building.- lhrougn -
previous additions, the south end of the building hasdeveloped a great deal of variety. The north sid.e of thebuilding along Bridge Street has rernained fairly static onthe upper levels. This proposal wj.Il serve to unify theoverall architecture and appearance of the structure.
Street Edge
Street edge is unaffected by the proposed expansion.
Buildinq Height
The building height is technicalty not being increasedwith the addition of the proposed dormer. itis is becausethe degree of nonconforrnity is not increasing. The rid.geof the dormer is below the height of the exiiting ridge ofthe building. As well, the overall percentage oi Uuiiaingheights (as calcuJ_ated for structurei in vaii village) is-not increasing.
Views
The proposed dormer does have minorcorridors. The most significant ofVaiI Mountain as one walks up Bridgeimpacts on major view corridors.
impacts to some viewthese is the view toStreet. There are no
Service and delivery will remain unchanged with thisproposal .
Sun/Shade
The dormer on Bridge Street does have sorne impact onsun/shade_along Bridge Street. The inpact, hbwever, isconsidered minor. rt should be noted tnat the sun/shad.ecriteria in the Guide Plan states that, rrnew or expand.edbuildings shourd not substantially increase the spiing andfalL shadow pattern on ad.jacent pioperties or pubiic -
right-of-yay9.r Given that the devlloprnent is being donewithin existing density allowances, the staff can toreratethe ninirnal amount of increased shade on Bridge street asa result of this addition.
IIT. STAFT RECOMMENDATTON
Staff recornmendation for the exterior alteration isapproval . As evidenced by trris memorandum, the majorityof the criteria are not applicable because construltion- ison the second and third floors. Nonetheless, anyadditions to the pLaza Lodge rnust be tooked at ciosely
with respect to its key location in the Village as well asthe existing condition of the building. It is the feelingof the staff that, taken individually, each of theproposed additions are minor in nature. More irnportantly,when considered collectivety, the proposed additions arealso minor i-n nature.
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vail, coloredo 81657
(303) 476-7000 otflce ol communlty developmenl
TO:
FROM:
DATE:
RE:
Adjacent Property Owners
Department of Community DevelopmentAugust l_2, L9B7Plaza Lodge Redevelopment
consideration by the planning and Environrnental gommission ofproposed additions to the pl_aza Lodge was tabled at thecommissionrs July 13, Lggz meeting.- This proposal has beenrescheduled for August 24r rgez at 3:00 p.in. The commissionwill consider requests for:
l-) Exterior alteration of the structure,.2) Conditional use perrnit to remove a unit fromthe second floor of the structure; and3) Density controL variance to add additionalresidential sguare footage to the structure.
Additional information concerning these requests are availableat the Department of Community l6veloprnent] Town of Vail.
4).\ rt-C /
PLAZA LoDGE ADDlrroN
Hill &rildine - Lot I, Block 5C, W 1st (31 1 Bnidee Street). lt4rs. Blanche C. Hill. 311 Bridge Street. Vail , Colorado 81657
Casino Building - Lots DEF, Block 5C, W
v -L-L_L g Plaza Brilding - Resub of Lot c)Vail Place
Steve Simonette. O. Box 411, Vail , Colorado 81658
P. 0. Box 1OO/ 75 S. Frontage Road
Vail , Colorado 81 657
Lodge al Vail - Lot A, B, Block 5C, VV 1sb (174 E. Gore Creek Dr. ). The Lodge at Vail. 174 East Gore Creek Drive. Vail , Colorado 81657
H-nn cr l(nn cr l-afa - 6 ^-rFi nf I at /.Bloek 5C, W lst (227 E. Wa1I St.). Hong Kong Cafe Partnership
54, W lst (304 Bridge Sfreet )
P.O. Box 695, Vail , Colorado 81 652
Valley Drive, Greenhill , Conn. 06830
Rucksack Buildjng - Lots C, D, E, Block 54, W'l st (288 Bridge St.). Rrcksack Condo Association
. 7o l-rUl€UJ- flOI I man. 288 Bnidge Slreet, Vail , Colorado 81657
A&Building - LoLs A, B,
1
P
Bridgestreet Condo Assmiat,ion
o/, Brandess-Cadmus Real Estate
281 Bridge Sbreel , Vail, Colorado
% handess-Cadmus Real EstaLe
281 Bri.dge Street
Vail , Colorado 81 658
1st (250 Bridge Streef)
81658
Block 5C, W 1st (1 Vail Place)
. P. 0. Box 2294. Va11 , Colorado 8'1 658
Fed Licn - Lots F, G, H, Block. Mr. Charles Rosenqulst,. Mr . klwi:r I'ihitehc:,J fi q
RTS Capilal Services
Mr. Richard Santulli
/l'l 0 Heabher Lane
Lloyd llarbor, New York 11747 or 11743
39 Broadway, 21st F1oor, New york, Ny j0006
Lazier Arcade Brilding - Lot C, Block 5C, W lst (225 Wall- St. )I,rlall Street Ccndo Association
Block 5A, VV 1st, (286 Bridge Street)
and lh. George Prussjn
Fouriders Plaza
The Towr of Vail
13-[ L '''-'+-/'L P
)rc ^'i- Bo,rL--l
MDJS&S PARTNERSHTP
7105 Broxburn Drive
Bethesda, Maryland 2081-7
July 24, 1987
PJ-anning and Environmental Commission
Town of Vail
75 S. Frontage Road WestVail, Colorado 8l-658
Attention: Mr. Tom Brawn
Gentlemen:
We are writing to you as owners of Apartments 407 and
409 in The Lodge at Vail to protest the building of afourth floor and/or decks and projections on the Plaza
Lodge located at Lots G, H, l, J, K and Part of F,
Block 5:C, Vail Village, because we think the blockingof the view of the mountains will be very detrimental tothe appearance of Vail Village and it will block our viewof the Gore Range. We feel this will be unfair and wrong
because when we bought our property it hras reasonable toexpect that there would be no rezoning which could dothis to us.
In addition to our being property owners, the reason wealways choose to ski at Vai1, (which we have been doingsince 1965). is because of the charm of the Town and the
mountain views. Therefore, we hope the proposed changewill be denied.
Yours truly,
MDJS&S PARTNERSHIP
MD,JS&S PARTNERSHIP
7105 Broxburn Drive
Bethesda, Maryland 20817
July 10, L987
Planning and Environmental Commission
Town of Vail
P.O. Box 100Vail, Colorado 81658
Gentlemen:
We are writing to you as owners of Apartments 407 and409 in The Lodge at Vail to protest the buitding of afourth floor and/or decks and projections on the Plaza
L,odge Located at Lots G, H, I, J, K and Part of F,Block 5-C, Vail- Vi11age, because we think the blockingof the view of the mountains will be very detrimental tothe appearance of Vail Vil}age and it will block our viewof the Gore Range. We feel this will be unfair and wrong
because when we bought our property it was reasonable toexpect that there would be no rezoning which could dothis to us.
In addition to our being property owners, the reason wealways choose to ski at Vail, (which we have been doingsince 1965), is because of the charm of t.he Town and themountain views. Therefore, we hope the proposed changewill be denied.
Yours tru1y,
MDJS&S PARTNERSH]P
4r__,^
By:
Marvin and Diane Blumberq
Roennr F'. Iteo rnq
8]TO:I IN DIAN HILLS DRIVE
OMAHA, N EBRASKA 6AII4
Planning Cornrnission
Town of Vail
75 South Frontage RoadVail, Colorado 81657
ATTENTION: Mr. Ton Braun
J]]Ly 27 | 1"987
Dear Members:
We are writing to express our opposition to theproposed increase in height of the plaza LodgeBuilding. My wife and I are owners of units 51,5 and517 in the lodge at VaiI and consequently would benegatively impacted by the proposed increase inheight. The view we have of the Gore Range was aprirnary motivator for our purchase.
AIso, f am opposed to the proposed expansion from aprofessional viewpoint. I have just conpleted a 25year Career, including the last l_1 as president, ofone of the leading ArchiLectural-Engineeringr/planningfirns in the U.S. I have r,qatched Vail grow from it,iinfancy and heard itrs success discussed around theWorld. Vail has a unique Core Area. Bridge streetand the environment created provides a setting not
matched by any American resort.
It is my personal opinion VaiI will be just anotherresort without itts unique core. Bridge street isthe crown jewel of the viI1age. Most buildingscontribute positively to the overall ambiance,Sadly, the Plaza Lodge building is not a great assetat present but enlarging it will not help. BridgeStreet as a narrow pedestrian street does not needhigh buildings or greater density.
We were in Vail to appear in opposition on the l-3thof July when the hearing was originally scheduled.
Because we live in Omaha, we cannot be present fornultiple dates. We will rnake another trip topersonally express our opposition j.f required. Weare probably no different in this regard than mostother property ohrners.
F.onnn:r F. I(norrN
A404 IN DIAN HILLS DRIVE
O MAHA. N EB RAS KA 6AI I4
During our recent trip to Vail r,,re took photographsfron our condo, the mountain etc. We found mosl ofthe roof lines in the Central core conpatible. Thecurrent roof line of the plaza building is higherthan nost.
Thank you for your attention and cooperation tornaintain Vail as a unique Mountain irittage. Thecenter core of resorts is as or more j_mpoitant thancores cf rnajor cities. Many cities are trying tocreate a unigue core for vitality. vait has fheunlqueness now. Letrs keep it.
Unfortunately we have not seen the proposed changes.We are however opposed to any increases in height orsize. We thj-nk the building-needs improvement andhope the owners and their consultants come up with asolution to enhance Bridge street. If so, ti:ey willbenefit. More is not always better.
Best Regards,
Robert F. & Myrna L. Krohn
OE,,lVER, COLORADO B02Oa
JuIy 8, L987
Town of Vall -r'?5 South Eronjfie Road. WestValI, Cololado 81657
,t-AttenlC1on3 Ur. Tom Baran
.,.. planning Connission
centlenen:
- .ft is ny underEtanding that there y{l} be a publichearing -on,fuly .13, Lgg7, -concerning an addition t; Th;Plaza Lodge on Bridge Street.
As onner of Unlt 363-365 in The lJodge at Vait, f rrouldllke to go on record as being opposed €o trre apirt.iti""for:
height varlance, a condit-ional uae permit toremove accomnodation unitE fron the second floor,and an exterior alteratlon in order to add ;fourth floor, addltionaL decks and archltecturalproJections to The plaza Lodge, as applled for byMr. and !frs. Oscar Tang.
J- I am sorry_that I wj_Il be unable to voice ny obJectionln person on July r3th, but r would appreciate y6ur lutttngrny letter in your records.
Thank you for your conaideration.
Sincerely,
f')
//'t''z 6hy'L_/ I 'Robert L.
RLM:lhpbcc: Ma. I'tary Kennedy i- -
Director of Owner Servl-ces
The Iodge at Vall
//f/zrrrlrcV
)-aManning f
David J. Naring
The L*dge at Vail *533
174 East 6c,re Creek DriveVailo Cc,Lsrado 81657
Mr, Tam Erar-rn
T*wn af Vail. Planrring C*mrnissic,n75 South Frantage Raad t"JestVail, Cc,lsrado Sl6$7
Dear Sirl
I am writing ta c,bJect tcr the pequest fcr a density contr.sland height varianee t* add an additionaL flnc,r tc, the plaza
Lodge building located c,n Fridge Str.eet. This pr-opnsedadditic'n r^rill adversely impact Llpsn my condsminiuro a= urelL asaLL nf the r.rnitg c,n the East side af The Lrdge at VaiI whichpresent1y have views of the Gore Range. Even thc,ugh privatevieurg are nc,t prntected by acning by right, a variance shc,r_tldncrt be granted if it will harm the crwners c,f pre*existirrgproperty. ltlot only wi l L an addit innal f lsnr c,n the plaaa
Ladge block the views which ec,nvinced ug tc, pureh*se ppoFertyin Veil,, but it ulill alss decr-ease the value *f thatprcperty,
Znning ordinanences al.e rneant tc create a cr,ndit iorr ofEtability and predictability about land uge and the grantingof a var*iance if it wc,r-rld caltre harm war_rLd be a badpFecederrt. After visiting Vail several times a year fc,rfifteen yeal.s we plrrchased c,ur cc,ndsmininm *pecifiealLybecauge nf the unubstruced views c,f the Gare Rangeas did the other c.htner.s orr the East side t:f the L*dge. En c:rlr
rnany visits to vail gince we have owned c,ur cfindarnini urn al1c,f the East-facing r"rnits have been fully c,ecupied. If peaplefelt that rnning variarrees would be qranted ta give specielpriviledge to *ne owner af praperty at the expense c,f $thel"trwneFs it wculd deter pEcplE frc,rn purchasirrg property inVai 1,
In addit iont I feel that the prgp*sal r.ri I I be detrirrrental tothe seal.e and charaeter sf the village core. In *therlocalities where height lirnitatic,ng were changedo such asFhilidelphia ar San Francisco, the charaeter cf ihe city wasehanged fc,r.ever. and a Fpeeial quality {}f the city was l.*st.r wauld nc,t like ta see this happen ta vail and urge yau toFeJFet the r.equest fnr- a density control variarrce ind heightveFiarree fsr csnstruct ian at the Flaza Lcdge.Thank yau,
€ere1y,
cterum g F{. Ce.n'a.wa.rLrcril
664 [){}rasET R,rlAD
IlEa.oN, FriNN{ayLvAN[A t {|ai]i}
July 10, 1987
l{r. Tom Braun
Town of Vail Planning Commission
75 S. Frontage Rd. l,lest
Vail, Colorado 81657
Dear Mr. Braun:
I am writing to you in my capacity as President of the Lodge
Apartment Condominium Association to object to a request for a
density control variance, a height variance, a cond'itional use
permit to remove accomodation units from the second floor, and
an exterior alteration in order to add a fourth floor,
additional decks and architectural projections to the
Plaza Lodge'located on lots G, H, I, J,K and part of F, Block
5C, Vail Village First Fil'ing.
Many of the fifty-nine owners of apartments in the Lodge
conplex purchased their units in part because of the scenic
view of the village and of Gore Range. Accordingly, we askthat the Commission not approve the height variance being
sought.
I understand that the public hearing will be held on Monday,
July 13, 1987 at 3;00 p.m., and I would ask that you presentthis letter to the attention of the Commission.
Sincerely\ ,' 1),-l' 4/<)l
FREDERItrK R. MAYER
ONE UNIIED BANK CENTER
sutTE 5000
I70 O LINEOLN STREET
OENVER, trOLORADO EOEO3
Jul1z 20 , 7987
Town of Vail
Planning Commj-ssion
75 So. Frontage Road WestVai1, Colorado 81657
Attn: Tom Blaun
Dear Mr. Blaun:
I recently received notification that a request had beenreceived for: a density control variance, a heightvariance I a conditional use permit to removeaccommodation units from the sec6nd floor, and anexterior alteration in order to add a fourth floor,additional decks and architectural projections to theP].aza Lodge.
As a property owner in the vicinity of the proposedconstruction variance, I strongly oppose the granting ofthese variances for reasons of aesthetics as welL aseconomics. My property and. my use of it are greatlyenhanced by the view of the Gore Range. The proposedconstruction will significantly restrict that view,affecting my beneficial use and possibly reducing rentalrates. Because mountain property is valued with locationand views as integral parts of the value formuLa, thisproposed construction will also negatively affect thefuture value of my condominium unj.t.
With these issues in mind, I encourage you to besympathetic to the other property owners in the area whenreviewing the request of Mr. and Mrs. Oscar Tang. Itappears the negative effect on the personal use, rentalrates and ultimate fair market value of nearby propertymay outweigh any benefits to the area incurred bv thegranting of the requested variances.
Mr. Tom B1aun'.Tuly 20, L9B7
Page 2
Because of my strong objections to the variances, I wouldappreciate your keeping me informed of the Commissionsdecisions in regard to this matter, enabling me to takefurther action as reguired.
Sincerely,
.t . t.? ,r.l
flir4 '). 'fri/
Frederick {. M.rr..
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THE WILLARD OFFICE tsUILDtNG
1455 FENN3YLVANIA AVE. N.\/|/.
wASHTNGTON, O. C. eOOO4-tOOZ
TELEPHONE 202 639-6500 rErEx 69680
47 CHARLES 5T., BERKELEY SOUAFE
LONOON WlX 7PB, ENGLAN O
T€LEFHONE Ot 44t 49r-'1236
CAELE VINELI(INs LONOON Wl-TELEX ?{I4O
VINSON & ELKINS
ATTORNEYS AT LAW
33OO FIRST CITY TOWER
IOOI FANNIN
HOUSTON, TEXAS 77 0 o2- 6760
TELEPHONE 713 651-2??2 TELEX ?52146
FIRST CITY CENTRE
816 CONGRESS AVENUE
AUSTf N, TEXAS 7et7Ot-2496
IELEPHONE 5I2 495,84OO
2O2O LTV CENTER
2OOI ROSS AVENUE
DALLAS,TEXAS 7520 t-29 t6
TELEPHON E 2t4 979 -€i600
July 2 | L9g7
VTA FEDERAL EXPRESS
Planning and Environmental CommissionTown of Vail
75 South Frontage RoadVaiI, Colorado 81657
Re: Request for Variances and Alterations to thePlaza Lodge located on lots G, H, I, J, K andpart of F, Block 5c, vail village First Filingrby Mr. & Mrs. Oscar Tang
Dear Sir or Madam:
f am writing on behalf of Mrs. Josephine E.Abercrombie, the owner,of Apartment 4l_3, The Lodge at Vai1,L74 East Gore Creek Drive,.Vaif, Colorado 8L65-7, to objectto the request f.o,r. a density control variance, 'a heigitvariance, a conditional use permit to rernove accommodationunits from the second floor, and an exterior alteration inorder to add a fourth floor, additional decks anCtarch_itectural projections to the praza Lodge located on lotsGt-l{, I, J, K and part of F, Block sc, vail Village FirstFiling applied for ty Mr. and Mrs. Oscar Tang,
ff the reguested variances and alterations are
?flntgd or^permitted, Mrs. Abercrombie's view, as well asEne vlert of other residents of the first, second, third andfourth floors of The Lodge at Vail, witi -U" -oliu"cated.
Mrs. Abercrornbiets apartm6nt is located on the fourth froorof The Lodge at VaiI .
f understand that a public hearing will be held onJuly l-3, L987 at 3:00 p.m.- in the Town of Vail MunicipalBuilding with respect to Mr. "rra r"r.". Tangrs application.PLease enter this objection on ni". Abercrombiers beharf atthe public hearing.
. t-.
Planning and Environmental CommissionJuly 2, L9B7
Page 2
I would appreciate_ Jt-if_ you would advise me of anyfurther action-inat wourd raciiilate ttre objection to Mr.and Mrs.. Tang's application so that f nair take theappropriate actions. My telephone nurnber :-" lzii)750-r.r-0r.,and ny address is as set fortfr above on the letterhead.
Thank you for your assj_stance in this matter.
Very truly yours,
/abe748/L0.ltr
Yna/zx;^'8 /3an1"".4-
Marcia E. Backus
cc: Mrs. Josephine E. Abercrombie' Mr. John B. HowenstineMr. Joseph C. Dilg [Firm1t{r. DonaLd F. Wood irirrnl
o
David J. Narins
The L*dge at Vail *535
174 East Ec,r.e Er.eek DriveVai1, Cc'Lc,rada S1957
lYlr.. T*m Fraun
T*wrr c,f Vail Flanning Ec,*rniissian75 Sr-ruth Frc,ntage Raad t1est
Va i 1 , Ec,1 c,rad* 81 6,57
Dear Sirl
I atrr r,rriting t* ab3eet tc. the r-equest fnr a density csntroland height variance tc, add an additienaL flc,ar t* the plaaa
L,:'dge bti ldirrq L*cated c,n Fridge Stneet. Th is prr*pc,sedadditi*n wilL advergely impact upc'rr f y candc,rniniunr as well asall c,f the unitg c,n the East side,-rf The Ladge at Vail r"rhiehpresently have views c'f the Gore Ranqe, Even thnr-rgh privateviewg are not pr*tected by aaning hy t ightn a var.iance sh*r_tldn'-rt be granted if it r+i I L har*rn the cwners of pre-exist ir,gpr*pet'ty. N*t *nly wi t 1 an addit ional f Lac,r. on the plaza
Lc,dge blnck the views whieh cc,nvinced us tc, pr.trchase propertyin:'Vail, br-rt it r+iiI also decr.eage the valr_re cf thatpFc,perty.
z,:ninq r,rd inanences ar-e rrleant t* cr*eate a esndit irn sfstability, and predictability abc,ut larrd uge and the grantingctf a var:iance i f it w*n1d caltse harrn wc,uld be a badpr'ecedent. After- visit ing Vai L geveral t imes a year fc,rfifteen year.€ we pr-trchased sur cc,ndornini,,n, ,p""ifica1 lyhecaugs c,f the urrc,bstFr.tced views urf the 6are Rangeas did the othe* L-..wner's orr the East side c,f the tc'dqe. on,:urtnany visits ta vail since we have c,wned onr ccrndc,rrrini urrr allof the East-facirrq rirrits have beerr f r_rt ly occlrpied. If peoplefelt.that a*nirrg varianceg urould be granted tc give speeialpriviLedge tc nne i.hrrre'^ r-,f pr,:,p*pty at the expei,g.e af c,ther-c'wnet's it wc'Lrl.d deter pe*p1e frr-,rrr pul:chasing pr.*perty irrVai. 1.
rrr add it inn, I feer that the pt aposal wi I 1 be detr-irrrentar tcrthe scal.e and character of the village cc,r*F. In othenl*ealities whene height rirrritatir-,ns weFe charrged, slirh a$Fhilidelphia *r Sarr Franciscc,, the character c,f ihe city waschanged fl.-]r.ever. and a special qr-rality c,f the city was 1c,st.I w*uld nat like to-see this happen tn Vail and urge y*u tore3ect the reqr-rest fr-,r' a density contrc,l variarrce and heiqhtvariance fon csngtrr-tct ion st the plaza Ladue.Thank yr-,r-1.
=-.-{incerelyn I-\tt\ h tlt \ -l\ /ll lu---.Duv/rd lf l{ar*'s
U
g-/*"/ -/.,/h,**%'
37o SEVENTEENTH srREETt surre SEso
DENVER, COLORADO AOA02
JuIy 8 | t987
Town of VaiI
75.South Frontage Road WestVail, Colorado 81657
Attenti.on: Mr. Tom Baranplanning Cornrnission
Gentlemen:
*^^-_J: l: lf. understanding that there will be a pubtlcnearlng on Julrr .13, 1987, concerning an addition t; Th;Plaza Lodge on bridge Street.-----
As owner of Unit 363-365 in The Lod.ge at VaiI, I wouldLike to go on record as ueing-- opposed to the appricationfor:
A request for a density control variance, aheisht vdriance, "- ;;ili;i.;;i--;" 'prilit torenove accommodation units fron the secbnd floor,and an exterior alteration in order l" iaa afourth floor, additionar decks and architecturarprojections to The plaza Lodge, ", "ppii.J-ior uyur. and Mrs. Oscar Tang.
.- _^I_11 :o"fy_that r will be unabte to voice rny objectiont-n person on JuIy 13th, but I would appreciai. Vir"r luttinjny letter in youi records.
Thank you for your consideration.
Sincerely, /'/,(
.; n#r,y' f {#7rt--"=7'l: ,rRobert L" Manning
RLM:lhp
ANITA SALTZ
17 Wil. l.ow LeneScarsdale, New Yol^k
l'lr. Tom Braun
Town of VaiI Planning Commission75 So. Frontage Road il .Vatl, Colorado 8l6Sz
Dear Mr. B raun:
10583
10, 1987
Var iance ObJ ect ion
ing to the request foriance to permit theon the Plaza Lodge
var iance which
the larl and a
other p roperty
Very truly yours,
Afr{^HZf
Anita Saltz
Jul
I would llke to go on record as objeca height variance and density vaconstruction of an additional flooBuilding on Bridge Street.
As the ouner of Unit 522 at the Lodg{ at VaiI, I will beadversely affected by the requested {ariance as will aI} oflh. other people who own property on'th" "u=t =iJ" of theLodge at Vail. LJe bought this property in reriance on theexi'sting zoning reguLations which ule believed would protectthe view which the proposed construction nould obstruct.
It would not be fair to grant the requestedwould give one party an exemption fromcommerciaL benefit to the detriment ofowners.
Regardtng the density varlance, my objection is that theproposed variance xould further increase and aggravate theovercrowding which presently exists 1n the core of VaiI. Toincrease the density at this time would set a bad precedentfor future orderly growth and development of the town.
AS,/c p
cc: Flary Kennedy
Lodge at VaiI
174 E. 6ore Creek DrriveVail, Colorado gt6EZ
ANITA SALTZ
17 Willow LaneScarsdale, New York 10583
July 10, lS87
RE: Vartance 0bJectlon
Mr. Tom Braun
Town of Vail Planning Commission75 So, Frontage Road l'1 .Vatl, Qolorado 81657
0e a r l'l r Braun:
I would Iike to go on record as obJectlng to the request fora height var iance and dens ity var iance to permit theconstruction of an additional floor on the PIaze LodgeEuiIding on Brldge Street,
As the owner of Untt 527 at the Lodge at Vall, I will beadversely affected by the requested variance as wlll al1 ofthe other people who own property on the east side of theLodge at Vail. l.le bought this property in reliance on theexisting zoning regulatlons urhlch we believed nould protectthe vlew which the proposed construction would obstruct,
It would not be fair to grant the requested variance whlchwould give one party an exemptlon from the 1aw and acommerclal benefit to the detrlment of other property
owners,
Regarding the density variance, my obJection is that theproposed variance would further increase and aggravate theovercrowdlng which presently existe in the core of VaiI. Toincrease the density at this tlme uould set a bad precedentfor future orderly growth and development of the town.
Very truly youra,
AS/cp
cc: Mary Kennedy
Lodge at Vail
L74 g. Gore Creek 0rlveValI, Colorado 81,657
Anita Saltz
P. O. Box 6848
San Antonj"o, Texas 78209
July 20 | L987
Planning Commission
Town of Vail
75 S, Frontage Road WestVaiI, Colorado 8i652
Attention: Mr. Tom Braun
Dear Mr. Braun:
It, has come to our atLention that there wi-i1 soon be ahearing on an additional fl"oor to the plaza Lodcrebuilding on Bridge Street.
We own an apartment (401) in the Lodge facing thatdj-rection and of course would be adversely aifected,as regards our view and a closed in feeling, shouldthe addition be allowed.
Iir a broader sense it appears litt1e emphasis is placedon this open square in Vail's planning: That squire isone of the very few left t'hat can handle a large groupof peopie and closing it further by ta11er buildingswould create a city-like aiilosphere.
ft would certainly show little concern for the lodge and.the millions they have spent to provide an attract.ive inhouse environment as we1l as leautitut views if this moveis approved, Their new dining room w-ould be blocked plusreducing the openess from all the rooms,
My.family would urge you to refuse this addition and keepVaiI an Alpine Village.
Very sincerely,// .-. /f%ffir^ c4zuh thao william c. wj-nter, M.D.
WCW: awcc: Mary Kennedy
The Lodge at. Vail
t*o*og['fi$ror+SPKrNL
. 2Ol Gore Creek Drive; VAIE; COLORADO 816s7
Daie
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ARCHITECTS
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TO: Planning and Environrnental Commission
FROM: Comnunity Developrnent Department
DATE: July 13 Ya
SUBJECT: Overview of the plaza Lodge proposal
The proposed addition to the plaza lod.ge involves review andapproval of four separate actions by the planning commission.These include:
1. Height variance
2. Density control variance
3. Conditional use permit to remove accommod.ation units
4. Exterior alteration
Different criteria and issues come into play in reviewing eachof these four requests. The fol-Lowing rnernorandurns outlinethese requests as well as the staff recommendation.
For a proposal of_ this nature, it is important for the planning
cornmission to look beyond the four inaiiriaual requests, andconsider the proposal as a whore. while a staff*recommendationfor denial is presented for each of the four reguests, thereasons for denying this proposal become most apparent whenconsidering these requests collectivety. ror ei'arnp1e, heightvariances of any type have been viewed with "r"r"'""oii'v iv-both the staff and- the planning commission in the recent past.The fact that the height variance is reguested to accommodateadditional cRFA that is over what is aliowea on irre property isa consideration that cannot be overstated.
The_ Planniing comrnission may recarr the recent review of theHill Buitding addition last-spring. At issue with thatproposar was how to design the nais of the addition with properconsideration given to the urban Design plan criieria. wlirl:these considerations are an erement oi ttris review process, itis, inportant to remernber that the n:-rr e"iidilg-;;= within itsallowahle density (and height limits) , while tf,e praza isrequesting a density varaiince in conjuncti"., ,itt, the exterioralteration request: TIrg planning Comirission is encouraged toconsider the relationships betwe6n each of these requests anddistinctions between other proposals when reviewing theseapplications.
FROM:
DATE:
SUBJECT:
Planning and Environmental Commission
Cornnunity Development Department
July l-3 , L9B7
A request for a density controlvariance in order to construct variance and a heighta fourth floor on the$.?? Lodge Building.Applicants: Mr. and Mrs.
r.
The proposed variances are reguested to aeconmodate a fourthfloor penthouse unit locatea ai ih" pI.". Lodge building.The nature of each of these two requests are as follows:
._At the present time there are 189 square feet of GRFAavailable to this property. The proposed addition isapproximately 1,627 squarl reet. 'Tha for1"ri"g-iuur"outlines the amount of cnFa requested with this variance:
Oscar L. Tancr
- l-l-7 sf
1,321 sf
L0,043 sf
1-1-, 3 64 sf
Proposed GRFA (appoxinate): L,627 sf
Remaining GRFA on property: -__:gg__sf1,438 sf
Reduction in comnon area(over what j_s perrnitted)
Proposed GRFA over
aLlowable:
Summarys
Allowab1e overall GRFA:Proposed GRFA
Height
Height all0wances within the vail village area are car-curated.in-two ways' These incr-ude ar=oiute height rimitations aswett as maximum heighrs for certii" p"i"E";";;-;l "building' This is done to """""r"g" a varie€y of rnassing andheishr and ro discourase uniforrn u'lirJi"i-rrIi6rr;i "rbuildings in the vilraie "oi".---at the present tirne, thePlaza Lodge t= ":l:ollgrming with respect to these heightrequirements. This proposal woula :.n'creas"-trr"-i.gree ofnonconformity and as a iesult, a ,ru"i.rr."-i"-rJqiir"a.
Control
Allowable Heiqhts as er the Urban Desi Guide Plan:
6O? of a building nay4Oz of a buildins *.y43r.
Existinq
Height less than 331
Height greater than 33'and l_ess than 43 |
CRITERIA AND FTNDTNGS
Upon review of Criteriathe rnunj_cipal code, therecommends denial of thefollowing factors:
: .-
Consideration of Factors:
built up to a height of 33'.higher than 33r, Eut tess than
be
be
388
622,
Proposed
Height less than 33r 3g?
Height greater than33rand less than 43r 50A
Height greater than
43r 12z
The variance required to the height linitations cencersaround the.portion of the structire that is greater than 43feet in height. Wni]9 the percentage ot buiiaing heightexceeds.wlat i? p:.*]!red (ez? of tie uuiraing-iJ sr.ut",than 33r in heioht while the code arlows ror 5niy 40? of thebuilding to exc6ed 43r in t":.ghti,.the percentge d.iscrepancyis not beinq increased.._Howerieri tt" aLsolute-heightIimitation 6f as feet will be exceeded by an area thatencompasses 128 of the building coverage. The highest pointof the structure is approximat6fy 48 feet.
II.
and Finding's, Section 18.6j_.060 ofDepartment of Cornnunity Developmentrequested variances based upon the
Height
A variety of roof heights are found. throughout the villagearea' with the notable exceptions- of the-r,oage-ui v"ir, theMountain Haus, and a few othlrs, the rujoritv'Jt-root heightsin the village are two to four stories. Thir is particularlytrue alonq the Bridge street corriaor. rr."-Iaiitionat floorproposed at the plaza r,odge is inconsistent ,iirr-in"estabrished heiqht r-imits-as well as the estabrished patternof building neignts in this area-
Density
The rnajority-of properties within the vicinity of the plazaLodge are under their allowabre GRFA at trris Lirne. Toapprove a variance reguest for 1L00 square feet over what isallowed is undoubtedry inconsistent witn poi"r,iiir uses andstructures in the area.. From a precedent-standpoint, theapproval of this request would tlreaten both thi integrity of
:*"1::"" Desisn Guide pran and the character of tne firrise-
ree to which relief from s'lrict and literalon and enforcernent o ationto ac eve lir and uniform ofeatmentamoslt,es vlc t-or to atta theectivesof th s tit ouE of specia rivil
llo i ..rlr +
.j::'
The appricant has presented no claim of physicar hard.ship foreither,the height.or d.ens:-ty -onlrol variances. while thereare buildings.that'exceed tire height provisions outti-ned i_nthe Urban Design Guid.e plan and. z6nin! code, Ct"=" buildings
Y::?_!I_.nd large constructed prior to tne adoption of theseordr-nances. properties such as the Covered. eriage nuifaing,the Gallery Building, and the A & D Building aie-all incompliance with theie height provision;: -T; g.""t additionalheight to the plaza Lodge wouia u" inconsist"it *itnprevious actions as well as an outright grant of--specialprivilege.
Density
There is little argurnent that could convince the staff of alegitirnate nhysig3r hardsrrip to justifv the-aJJitionar enrarequested.-.: The floor area woul_d-be usid "= ; t;;thouse unitfor. one of the owners of the property. In addition to notmeeting the:dqver-opment stanalra's oullined tor tnis .i"u, -tir.
reguest involves rittre or no positive re""ii.l io'tn"
:.9nmgTlty.' whir-e-denlity varilnces were recently granred forthe sitzrnark r-,od.ge and ciiristiania Lodge, these involved unitvariances as opposed to GRFA .ruii..r."=. The mass created. bythe additional dRFA has resulted in a need for- a-heightvariance. The relationship of ihese two requests goes tosupport the staffrs contenlion that the reqderi-i=unwamanted.
There is lj-ttle or no inpactthe factors listed above-.
fron either variance on any of
commission deemsapprrcaol_e to the propose
ITI. FTNDINGS
The Plann ?Td Envi5onmental cornrnission shall make thefo1lowthe variances :
...-:IV. STAFF RECOMMENDAT]ON
or enforcernent of thedeprive the applicant ofowners of ot,her properties in
That, the granting of the variances will not constitute agrant- of speciar.privilege. inconsisteni riin-tii"-ii^itutior,"on other properties crasiiiied in the sarne ai=Iri"t.
That the.gianting of the variances wirl not be detrimental tothe public health, safety or welfare, or nateriarly injuriousto properties or irnproveirents in the'viciniay:----
That the variances are warranted for one or more of thefollowing reasons: ..
The strict or literar. interpretation or enforcement ofthe specified regulation woirta result in fiicticafdifficultly or unnecessary physical hardshiprnconststent with the objectives of this tilfe.
There are exceptions or extraordinary circumscances orconditions applicable to the sane sit,e of the variancesthat do not apply generally to other properties in thesame zone.
. fhe strict interpretationspecified regulalion wouldprivileges enjoyed by the. : -the sarne district.
-:. - |The.stafi is unable to .rrppo"t either of the requestedvariances. Aside from tfrlie-ueinq no legitirnate physicalhardship to justify these r"q""=ll, both would be'a grant ofspecial privileoe inconsist"tit ritn both previous decisionsand established-der:_gn piii;;i";;. rr is imporrant toconsider the irnplicaiiois or roirr of these requests relativelglrutu5e development proposals is.welr as the irnpact of thisproposal on the character of the Viltage.
The Vail comnunity has gone to great lengths to establishdevelopment standl5as_ala guiaeiines designed. to rnaintain andernbellish the bhysicar feai.ures ind character of VaiIvillage. rhe itiongest input ieceived from the public d.urinqdevetopment of rhe^Vail 11i_r_lav- pri"-r."-il, r.i"i.in theunique 'feelinsrl 0f-the virra{e cor". rhe n:.anningcomrnission rnusi, evaluate ttr" -imprications-oi-;ti;'
proposar onits own merits, as well as how i[ r,riff effect the futuredevelopment of the Vil1age. ffreie are times when it isnecessary to maintain the devetopment stanJiri"-pr"="ribed by
??"-irg:. Tli: application is an excellent example of when itls crlrr-car--to uphold the devgl.pment stand.ardi established.for Commercial Core f.
]l
rFt.l .
FROM:
DATE:
SUBJECT:
Planning and Environmental Commission
Connunity Development Department
July 13, 1-987
A request for a conditional use permit to removedwel11ng units from the second fioor of the plaza Lodcre
The removar of any accommodation unit or dwelling unit fromthe second floor of any building within cornrnerciir core rrequires approval of a conditioiall use perrnit. Thisprovision was incorporated into the zoning code for the corearea to ensure a variety of activities in-this mixed usearea.
DESCRIPTION OF REQUEST
rn addition to the proposed. fourth floor, a rnajor renovationto the interior spaces of the second and third froors of thePlaza.Lodge are proposed. The proposed modifications involvere-aligning.dwelling units and lccornrnod.ation units, but doesnot resuLt in a net increase in density as d.efined by thezoning code. Changes to the second fioor (this reviewaddresses only the second floor) include the following:
Existing Conditions
One 2-bedroom penthouse
Four accommodation units (a1l designed as lock-offs frorndwelling units)
Four dwelling units (units with kitchens)
Proposed Modif ications
One 2-bedroom penthouse
Four accommodation units
Tr.rro dwelling units
The proposed removal of these two dweIIing units requiresconditional use permi_t from the planning donmission.
I.
II.SPECIAL CRITERIA USE FOR ANY C9NDITIONAL USE PERMIT WITHINCOMMERCIAL CORE I INCLUDE THE FOLLOWING:
A. Effects of vshigglgr traffic on Commercial Coredistrict.
There would be no significant impacts resurting from theproposed changes to the plaza Lodge.
B.Reducti-on of vehicular activity in Commercial Core I.
While the total number of units is reduced throucrhproposal, there should be no significant decreas6vehicuLar traffic into the core.
This criteria rernains unchancred.
this
in
c.
D.
Reduction of non-essenlial off-street parkinq.
This proposal does not affect this consideratj-on.
Control of detive and service vehicles.
L of public spaces for use b
This criteria is unaffected by this proposal .
r.Coltinuance of the various commercial , residentialc.uses in Comrnerciql Core f distilEt so-aE t6mar-ntain the exist aracter of the area.
G.
The essence of these proposals being revj-ewed is toensure the nixed use character of the Village Core. Theproposal essentially results in the etinina€ion of tworoom. rkeystt that at present would be available to thepublic for rent. fn addition, modifications to-inexisting accornrnodation unit result in a room size otapproximately 200 square feet. while this pariicufarunit may be rented in conjunction with attalfr"a-rrrit",il i: unlikely that it woir:.a be very marketable as astand-alone acconmodation unit. ThL overarr irnpact orthis proposal_ is a reduction of rentable rooms Lherefyaffecting the nixed-use character desired. for the corearea.
The nodifications to the second froor units does notsivnificantry affect the architecture or exterior rimitsof this building.
g:ltigl=g!?1ity of consrr ion, architecrural deqisn,
SC ASto marntain the existing chaffi
such other factors and criteria as the commission deemsIII.
IV.
applicable to the pToposEd-use.
FTNDINGS
IV.
The community Developnent Department recommends that theconditional use perrnit be denied based on the followinofindings z '
That the proposed location of the use is in accord rarithtle purposes of this ordinance and the purposes of thedistrict in which the site is located.
That the proposed rocation of the use and the conditionsunder which it would be operated or maintained. would. notbe detrirnental to the public health, safety, or welfareor materially injurious to properties or irnprovernents inthe vicinity.
That.the proposed use would conpl-y with each of theapplicable provisions of this oiainance.
STAFF RECOMI4ENDATION
While^the irnpact of these unit modifications may appear in-srgnificant, their curnulative effect will over LimL-changethe character of vair vi11age. rt is a stated goal of boththe vail village Master plan and the vail Land rise pran tomaintain the availability of overnight accommodations. Thereare.also negative ranifications d.irectly related to thesenodifications in the event of a cond.omiiiurn conversion. Thecornmission is encouraged to consider these impacts whenevaluating this request. staff recommendation is for denial .
TO: planning and Environmental Comrnission
FROM: Cornrnunity Development Department
DATE: July 1_3, L?BT
suBJEcr: Reguest for an exterior alteration in orcter to add afourth floor to the plaza Lodge.
APPLICANTS: Mr. and Mrs. Oscar Tang
I. DESCRTPTTON OF REQUEST
The rnost significant element of this proposar is a fourthfloor addition_of approximately reoo'"q"lr"-i""t. othererements include thl- addition of bay windorars and decks atvarious points on the fuifaing. fhere are no changesproposed to the property at sireet level .
rr.THTS PROPOSAL
The urban Design Guide pran and stand.ard. zoninqconsiderations-are used in t""i.tiiis;;;"i;fillt propo=.r,in commerciar core r. The design considerations in theGuide Plan were adopted to au$nJnt these traditionalzoning standards. itrey are iitended ro "li;;-i;; grearer_flexibility.and creatiiity i; ;;;iq"i"s ;;;j;J;-in theVillage, while recognizi"ir i"O-*"intaining its uniquecharacter.
The Guide plan serves to identify desired physicatimprovements for.strengine;f;;-;i," overatl fabric of vailVillaqe. These improvements ire generally designed toreinforce the overill charactei of the Vi11age, withparticular emphasis
.
ptace-- o"-irpr",ri"q ih"-;"i".t"iu'experience. ih"se improvements ire referred to as sub_area concepts. There are no sub_area concepts relative tothis proposat.
Design Considerations address the primary form_givingphysical features of the niil-#: They provide adescription of these rey ererneiis, wittrout which the inaqeof the-village wourd re-noticeaury airrerent. rt is thegoal of the Design considerations- tnat tnio"gf, ii.i"applications, future design "fri"g"= wil1 be consistentwith the establish:d v+ii;q"-"n.i."ter and make positivecontributions to the Vitta6" ;;;;rr-ence. Theseconsiderations incLude th;-ioi1;ri.,g,
Pedestrianization
Because all of the inprovenents proposed with this
appl-ication are abovepedestrianization.
Vehicular penetration
street level, there is no J_npact on
Vehicular penetration is not affected by this proposal .
Streetsqape Framework
Streetscape framework rernains unchanged with thisproposal.
Street Enclosure
Buildinq Heioht
While the fourth floor addition is slightly lstepped backrlfrom the buirdingrs existing elevati""i trrl propl'sar wirraffect the sense of Bridge 6tr""trs encrosure. rt shouldbe kept in rnind that the Rucksack and Red f_,ion luifdingshave development potential available. The irnpa-i-frorn theproposed fourth floor wilr assume g'reater impbrtance ifand when_ these properties exercise their devllopmentpotential. Given the wi-dth of Bridge street ir'-itt* -r.^of the proposed expansion, this-proposal could create anuncomfortable sense of enclosure wh-en adjacent piopertiesredevelop. It is also irnportant to keep in nrini that aheight variance is requirla i_n conjuncti"" *i[rr-trri,redevelopment proposal-.
Street Edge
Street edge i.s unaffected by the proposed expansion.
.llillilg h91sht is addressed in rensth in rhe heishtvar'lance mernorandurn-. whiJe the Guide plan was structured
_.:_lliqy:f9r nqr-ipility i; ;"ir"utins desi;;- --^
eonsrcteration's, the height limitationi outLined areqbFgrule.,while in.,othei iases, considerations sucn asstreet encrosure' streer edge,'"na =iie"i=;;;; Iiin'."ortali influence the g"-=lf"-a a5"ig"--."rution, ,.'.xi*urn heightlimitations are established foi conmercial core r. Fromthis stindpoinr it is aiiii."il ;r tG;iiv "-riiiai"gproposal whose heights are beyond tiat afiowea-ly-tt"Guide PIan.
Views
The proposed fourth fLoor will interrupt a number of viewsfrom a varietv of. vantage point-. More importantly, theaddition appeirs to. impict-"a.pi"a major view corridor #l
"l:.::I^!l: parkins srrulrure ovlr rhe iirruse"t""lra vuirrvrounEarn). A specific.view analysis is neJess.ir-toconfirrn the degree of impact on Lt i" "i"r-;;;;i;;r.
While sorne irnpacts on views aresignificant), encroachment intounacceptable. The importance ofbe overstated..
subtle (though nonethelessCorridor #L isthis issue sinple cannot
Service and delivery will remain unchanged with thisproposal .
Sun/Shade
The proposed expansion of this buirding has been designedwithin the established sun/shade lines as outlined in theUrban Design Guide plan.
ITI. STAFF RECOMMENDATION
staff reconmendation for this exterior ar.teration requestis denial. While rnany of the criteria aie unappticabfebecause of the nature of this proposal, the projectrsinconsistencv-with the heijht iilIa;li6"rl-iilp"crs on viewcorridors, and the overall-inappropriateness of theproposed fourth froor a1r contriuule to a desig., "ith n'or"negative than positive impacts on the Vi1Iage.
r-t- is important to rernember the rerationship between theUrban_ Design Guide plan and the develop*"ni'standardsestablished by the ccr zone district. 'rn some caseszoning standards such as =etu.ct r and limitations oncommercial space are reviewed in rerationsnip t" the urbanDesign- cuide:,plan:criteria. -There ar",ro-p"E_deterrninedstandards- for these considerations. on tn!-other hand,absolute limitations on'density ana neighi-rrive neenrnaintaj_ned. _-. rn. these. cases,lz6ning e"iirii=f,es lirnits and.the Guide plan is use to encourage creative anil sensitivedesign sorutions within these parameters. The urbanDesign Guide. ll.ut.was-designed to be used f"--.S$ul*fg!with these.established devJiopment "turJ.rfr"-.= .comprehensive approach to guiling a"v"i"porerrt- i., tt "Village.
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Date of Appricarib "_u/u/11_
an existj-ng build.ingor outd.oor patio orsubject. to review by
The applieation wilt not be accepted until all information is submitted-
A. NAI,IE OF APPLICANT
NA!{E OF APPI.ICANT I S REPRSSEITiTATIVE
ADDRESS
NAI'IE 0F OWNER (print or type) €(+)xtZ j \ -t A*h
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STGNATURE . 1,4
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n LOC.}.TION OF PROPOSAI
APTTICATION FORI4 FOR EXTERIOR BITERAITONS
oR MODIFICATTONS IN COMMERCIAL CORE I (CCI)
...r.This procedure is reguired for alteration ofwhich add.s or removei any enclosed floor areareplacement of an existilg building shall bethe Planning and Environm&ta1 cornmission.
n
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own >i > y,l.i G V{ L
ADDRESS
LEGAT DESCRIPTION
F.
s100 .00 PAID
:
IMPROYEMENT SI'RIrEY
OF BUILDING AND ANY
OF PROPERTY SHOWING PROPEI.TY
IMPROVEI{ENTS ON THE IAND.
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II. Four
A.
A LIST OP ?HE NAME OT OWNERS OP ALL PROPERTY ADJACENT TO THESUBJECT pROpERty and their maiiing addresses.
(4) copies of a site pl-an conraining the forlowi.ng information:
The-site plan shall be d,rawn on a sheet size of 24,, x 36,, at a scaleof r" = 20'; a variation of the ir,""t size or scale may be approvedby the connunity oevelolnrent-o"p"ri*.nt if justified;
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Date of Application
AppLrcATroN FoRr4 FoR ExrERroR AT.,TERATToNS , /6 f t
I
oR LoDIFTCATTONS IN COMMERCIAL CORE I (CCI)
.r.This proced,ure is reguired for arteration of an existing buildingwhich adds or renoves any enclosed floor .r.. or-ortdoor patio orreplacement of an existing building.shall re suliect to review bythe Planning and Environrnental Commission.
The application will not be accepted un-uil all information is submitted..
A. NAME OF APPLICANT Mlli:L
ADDRESS
B. NAI,{E OF APPLICANTIS R.EPRESENTATTVE
PHONE wf5
c.
ADDRNSS
NAME 0F 0WNER (print or type)
STGNATURE
ADDF.ESS
n LOCATION OP PROPOSAL
0a PHONE
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LEGAL DESCRIPTION
$I00.00
IMPROVEMENT SURT,EY
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fMPROVEMEN?S ON THE LAND.
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LINES AND LOCATION
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PAI DE.FEE
A LIST OF THE NAME OF OWNERS OFSUBJECT pROpERTy and the.i r mailinq
rr' Four (4) copies of a site pran containing the forlowing information:
A' The site pran shalI be drawn on a sheet size of 24,, x 36,, at a scareof 1" = 2b'; a variation of tn" "ir""t-ri"J-"t scare may be approved,by the Community oevelofment Department ii justified;
G.AJ,L PROPERTY ADJACENT TO THE
addresses.
o
Snowdon and Hopkins r Architects
201 Gore Creek Drive 303-476-2201
Vail, Colorado 816s7
May 25, 1987
Mr. Peter Patten
Town of Vail Planning Dept.
75 S. Frontage RoadVail , CO 81657
Re: Plaza Lodge AdditionLots G, H, I, J, K and part of F, Block 5C,Vail Valley First Filing, Vai1, Colorado
f)a r r Da{.ar-.
Enclosed are four sets of information on our proposed request foran addition to the Plaza Lodge Building. The applicant, plaza
Lodge Associates, Ltd., is requesting exterior modifications andalterations which reguires submittal of Lhe proposal to the Townof Vail Planning Department by May 26, 1987. as per CCI zoning(Section 18.24.065), This proposal is requesting change in thefollowing two areas:
1. Exterior rnodification and alteration to the north,southf east and west elevations to accommodate:
A new fourth floor addition to the building.Additional decks, architectural projections,
and gas fireplaces on the east and west forinterior changes and condominium conversionsto the buildinq.
A change in height (Section 18.24.120) to accommo-date a new fourth floor addition.
3. A change in densiLy control (Section f9.24.I30)
and a GRFA variance to accommodate the re-arrange*ment of dwelling units and accommodation units onthe second, third and fourth floor.
These requests fa11 within the guidelines of the vail Villageurban -Design Guide plan and commlrcial core r zoning; maintainand enhance the unique character of the r/ail village; lnd is con-sistent with the purpose (Section 19.24.010) of CCi.
The existing and proposed permitted, accessory and conditionaluses (sections 18.24.020 throuqh 18.24.090) foi basement, first,second and above second floor level are maintained. There hasbeen a rearrangement to the second and third floor dwellinq and
Mr Dol-ar Dr {-+6h Page 2
accommodation units. The new confiquration has resulted in theIoss of tt.' dwelling u is
hE-_-s ailowed che iodge, howe roviding
accommodations to the public. The number of kitchens (therefore
dwelling units) have been reduced in the redesign (including thereuse of an unused kitchen from last year's approval ) whichcreat.es I dwelling units and I accommodation units in total forthe Lodge building; all of which are available to the general
publ ic.
The 1ot area ( l2, 554 ssuare feet. ) and site dimensions ( 158 ' x
9B ') as per Section 1B:24.090 are above the minimum required.
TAS*h9-1UI (Section 18.24.120 ) would exceed the aI lowable asdescribed in the Vail Village guide plalL_elrd design considera-tions. The maxirnU$ allowable hej_S_Lt qf-SO-' jabove existing gradeis rroE exceeo-eol Deiow 3u ano- s0 rsexceeded. The existing building exceeds the specified ratios of608 not exceeding 30' average and 40? not exceeding 40' heightaverage (existing conditions are 252 below 30' and 75S below40') ' and the new proposal would revise that ratio by creating aroof area of approximatelv 308 aUove aO' heioht which is war-L* ^-J"7
rant ial review as noted in the Urban Desiqn
The density contsrol (Section 18.24.130) is modified with thisproposEf-5!-Ttre ied-uction in the number of dwelling and accommo-dation units, As noted previously, two dwelling units and threeaccommodation units are lost in the redesign, however, a majorityof all the units are available to the public via the lodge opera:tion. However, to maintain the lodge operation in its present
lormat' whrilggrov iJ unit, i-?EquEsttgr IncI_eased _GRFA . is. required. This increase at the fouithIIoor aIlows the existing second and third floors to remain pre-dominately lodge accommodation, rather than be taken over for theowners_Ienthouse. An increase of 1,55I GRFA provides for a totalo({,t45-quare f eet over the allowable GRFh f or the nronprtv.
The GRFA totals are as follows:
r Allowable residential GRFAr Allowable common GRFAr Existing residential GRFAo Existing common GRFA
o Surplus total GRFA
o Proposed residential GRFA
e Proposed common GRFA
r Proposed total GRFA
10,043 s.f.
2,008 s. f .
9 ,447 s.t. (below
2,415.s.f. (above
allowable)
al lowable ) tl oe
4W.t . (below allowable )
10,998 s. f .
2,298 s.f .
13,296 s. f .
(over allowable by
955,s.f . )(over allowable by
290 s.f . )
(exceeds allowable
by I,245 s.f.)
Mr Peter Patten Page 3
The coverage (Section 18.24.150) of the property with building,ground Ieve1 patios and decks will be unchanged; and there willbe no loss of land.scaping and site development (Section
18.24.170) due to the proposed expansion of the building. Allow-able site coverage for the property is I0.043 square feet, andthe present coverage is 9,650 square feet of building.
Parking and Loading (Section 18.24.180) will be consistent withexisting conditions, No on-site parking j.s provided, and areduction in parking spaces required for the density change inresidential units would actually occur. Loading requirements
would be unchanged and the existing loading zone along the westside of Bridge Street would still service aIl portions of thebuilding. Emergeney access will be unchangedf as no elements ofthe ne\rt design wi]1 project into any driving lanes as theypresently exist.
The project wilI comply with Sections 18.24.190, 18.24.200 and18.24.220i and be developed as per the Vail Village Urban Design
Guide Plan. Considerations of the Urban Desiqn Guide PIan are asfol lows :
1. Pedestrianization is unaffected bv this expansion as alle1emeffisa1occurabovetheexistingroofp1ane(which remains intact) and does not impact the pedestrian atstreet 1eve1.
2. Vehicular Penetration is unaffected bv this expansion of
existin!-aiE--EEEEb--.i.sfrEE uses, and wiII use iII establisi.reo traf-fic and access patterns.
3. Streetscape Framework is unaffected by this expansion as allelements of the proposal bccur above the existing roof plane anddoes not impact the pedestrian at street level.
.1 .
leve is impacte{ by--lbe.---aildition of a f,o''rth
from the existing roof ethe proposed expansion is perceived from the street. The factthat the existing building steps from a one story facade atstreet level to three stories at the main building line and thensteps back again above the roof line for the fourth f1oor,lessens the impact of the addition.
q is unaffected by the expansion as allof the proposal occur above the existing roof plane andimpact the pedesLrian at street leve1
. uulldln Height is impacted by the expansion as noteously in the CCI zoning requlations.
7 . Views wil I be
elements
does not
level condominiums
impacted by the proposal from a few upperin the surrounding buildings which are hiqht.he existing buitding; however, these views
eet Enc los
enough to view over
Mr. Peter Patten
Snowdon and Hopkins - Architects
CNS: jb
Enn
Page 4
are not blocked by the expansion. The other consideration forview impact is from the intersection of Gore Creek Drive and
Pridqe Street. This is a partial viewis walking toward the ski slopes on Bridge street. The proposedexpansion extends the partial blockage of the upper portions ofInLernational , Giant Steps, and ski lift No. 1 started by thecasino Building just north of the praza Lodge. The exiitinggPper portions of the casino buirding begin to block this vistafrom just north of the Gore creek orive/eridge street intersec-tion. Prior to this point, a majority of the proposed expansionis hidden from view by the existing casino euiroi-ng. Fiom theGore creek Drive/Bridge street intersection to about 25'-30'south of the intersection, the nehr expansion does block this viewfrom street lever. After this pointr- the view is blocked by theexisting roof Iines of plaza r,odge. summing up the impact fromthis vantage point , for a distancL of about SO,' tf,u ,estern por-tion of vail Mountain is brocked from view for the pedestrian ashe wa-l"ks- up the entire rength of Bridge street. vi.*s walkingdown Bridge street, up or down wall str6et or from Founders plaziare not impacted by this proposal .
8. Service and Delivery is unchanged and is consistent with therown. @ing loading ana parkinj zones presenttyestablished along Bridge street. Emergency and maintenanceaccess is not changed and will continue to seivice the buildingusing established streets and easements.
9. sun and shade are taken into consideration by keeping theexpansToi-ilfEEfE-the shade ungi.= of the existing bui-lding enve*Iope. No additional shading patterns are created on the plaza,Bridge Street or the pedestrian walkway by this expansion (seeenclosed diagrams ) on the designated "un ungte dates noted in theUrban Design Considerations.
Architectural detailing and landscaping considerations will beaddressed during the design review siag6s of approvals and shalln9t b9 expanded upon at this time. r hope the-bnclosed informa-tion is adequate to begin the revie" pro.ess, rf you need moreinformation or have any questions on ihe project, [Iease ret meknow.
'fr;,ffi4
PUBLIC NOTTCE
NorrcE rs HEREBY crvEN that the pranning and Environmental
commission of the Town of vail will hord a public hearing in
accordance with section 18.66.060 of the municipal code of the
Town of vair on Jury i-3t rgBT at 3:00 pM in the Town of vair"
Municipal Building.
Consideration of:
1' A request for a density control variance, a height vari_ance,
a conditional use permit to remove accommodation units from
the second fJ-oorr'. and an exterior arteration i.n ord.er to add
a fourth floor, additionar- decks and. architectural
projections to the plaza Lodge located on lot.s G, H, I, J, K
and part of F, Block 5c, Vail village t,irst Filing.
Applicants: Mr. and Mrs. Oscar Tang
2. A reguest for an exterior alteration of the Gastof
Gramshammer l-ocated on Lots E,F,G, lI and I, Block 58, Vail
Viltage First Fi1ing.
Applicant: pepi Gramshanmer
3 ' A request for a speciar development district in order to add
a third froor to the Ranshorn Lod.ge l0cated on Lot , B10ck 3,
vail vilrage 5th Filing and Tract F-r and. parcer- RH.
Applicant: Ramshorn partnership
4' A request for an arnendrnent to housinq restrictions for the
Cornj-ce Building located at 362 VaiI Val1ey Drive.
Applicant: Walter A. Huttner
5' A request for a setback variance in ord.er to add an encrosure
for a hot tub area on Lot l, Block Z, VaiI village First
Filing. Applicants: ;fohn and Mary Hobart
,L ^ ,L. r' t/5 t/l
6.A request to reapply zoning on recently annexed portions of
Vail known as all of Lots 2O and 21, Section l, and part of
the North 1/2 Section 12, Township 5 South, Range 8l- West of
the sixth Principal Meridian, Eagle county, comrnonly known as
Lion's Ridge Filing No. 2 and FiLing No. 4, Ridge at Vail,
and Cliffside. Applicant: Town of VaiI
A request to reapply zoning on recently annexed portions of
VaiI known as a portion of the Wesiu L/2 of Section l-4 and a
portion of the Southeast L/4 of Section L5 Township 5 South'
Range SL West of the 5th Principal Meridian, Ea91e County,
commonly known as Vaif lnternountain Subdivision, Blocks
Itz,3,4,516,8 and 9, and Stephens Subdivision as well as
unplatted portions. Applicant: Town of Vail
The applications and informatj-on about the proposals are availabl-e
in the zoning adninistratorrs office during regular office hours
for public inspection.
TOWN OF VAIL
COMMUNITY DEVEI.OPMENT DEPARTMENT
THOMAS A. BRAUN
Zoning Administrator
Published in the VaiI Trail on June 26, 1987.
75 south frontage road
yail, colorado 81657
(303) 476_7000
January 3l , 1986
Display Window East Elevatjon: The staffdisplay window on thJ-souTIiEJt corner ofdesign as originally proposed. It is felt
olflce of communily development
Mr. Craig Snowdon
Snowdon Hopkins Archjtects
20.l East Gore Creek DriveVai1, Colorado 81 657
Re: Plaza Lodge Remodel submittal for the February 24 pEc Meet.i ng
Dear Craig:
I am happy to see that you have been able to pu1l back the bujlding so that fireand snowplow access wjll be much easier for ti.re Town. I have revjiwed yorr rorirecent subm'ittat for the plaza Lodge remodet and have the foito;i;;;;#;;;r;-""
1' lopf-grn t'tlgoli I would appreciate it if you would communicate to lraEuckley the Plaza Lodge owner's posit.i on on-moving the popcorn wagon. Iwill call Ila and make sure that she understinds it"i tn. Town is notwilling to re-randscape the area in which she preteri to rocate herpopcorn fvagon. The staff felt that this location might give her betterexposure. However, we are not able to cover the cost for the revisedlandscape plan and materials.
2- frash: The staff is glad to see that the trash area has been removedfrom the area adjacent to the elevator. It js our understanding that theentire building will now be using Vendetta's trash area. The siaff wouldlike a response from you as to wiether you reaily feer th.i s is areal i sti c sol ut.i on.
space would add transparency to that conneralso like to see the planter located on the
added to the revjsed drawings. The planterthe tallness of the elevator tower.
would like to see the expandedChristy Sports remain jn thethat the additjonal dispiayof the building. Staff wou)deast side of the elevaror
wi I I be he lpful i n softeni nq
7,e
4. Fireplaces: According to my calculations, I show that you
are adding one fireplace to the lobby as welj as a f.i replaceto the remodeled dwelling unit on the third floor.
5. East Elevation: Staff would like to see an east elevation of
th-e elevator without the exi stjng tr"", in front of it.
Deck Additions: All the new decks that are
should be shown on the respect'ive elevationssite plan.
Elevator: It appears that the e'l evator has increased inheight and wjdth. Please let us know whv thjs was
necessary.
8.
9.
6.
7.
Urban Dqsign Gujde Plan Considerations:
being added
as well as the
Unit 139:
space is
north of
Staff would like some clarification as to what thein front of unjt .|39. This space is located to thethe stairway going downstajrs.
a,
b.
c.
Street Encl osure:
exi sti nglproposed
wi dth .
Please show a diagram of theratio between wall height and stneet
d.
Building Height; Please g'ive me the height of theexisting roofs in feet as well as the proposed heightof the addition and elevator so that the bu.i lding -
heights may be compared to those requ.i red by this
design consideration.
Views: A view analysis is defjnjtely required for
Planning Commjssjon even though you have stated thatthere are no impacts on any views. The Guidelinesspecifical 1y state that, "When evaluating a proposai,first pri ority should be given to an analysis of theimpact of the project on views from pedestrian areas,whether des'i gnated or not. The vjews des.i gnated to bepreserved originate from ejther major pedestrian areasor pubiic plazas. Whether affecting the des.ignatedview planes or not, the impact of all proposed building
expansions on views from pedestrian ways must bedemonstrated, and mitigated where warranted.', Inrespect to the P'l aza Lodge project, v.i ews from
Founders' P1aza, Seibert Circle, Wa1 I Street and BridqeStreet are important to analyze.
Sun,/Shade: I am asking that you expand on the
sun,/shade analysis that was submitted. The sun/shadeanalysis should show the existing/proposed sun angleson an elevatjon as well as the shade patterns on a siteplan. The staff is especiaily interested .in any effect
on Bridge Street. The Guidelines state that "All newor expanded buildings should not substantial ly 'i ncrease
the spri ng and fall shadow pattern (March 21 through
September 23) on adjacent properties or the publ .i cright-of-way." The staff is interested .i n seeing the
most extreme situations to determine jmpacts.
I have enciosed appropriate sectjons of the Desjgn
Considerations for you to refer to when studying how to
address the issues listed above.
10.
11.Zonin
Kristan Pritz
Town Planner
KP: br
Conditional Use: A conditional use permitto the loss of one accommodation unit thatlock-off for the remodeled dwellinq unit.will also be deleted due to the reiodel.
zoning statjstic sheet. )
'r s necessary ouewill become a
A dwelling unit
(Please see the
I have enclosed on a separate page myfor the property.
The other Town departments w'i ll be reviewing these plans on Monday. Assoon as_possible, I will let you know any comments that they may naveconcerning the new submittai. If, after reading this lettei, you feelthat you have questions, please feel free to cail me.
Stati sti cs:
stati sti cs
7,
Site Area
Densj ty:
2nd
.2882
/lt/a*d 7
fl oor
fl oor?v.d
Al I owed:
Exi sti ng:
Addi ti on:
totat-EEFI-IITn
addi ti on
Remai n i ng
GRFA after
addi ti on
SITE COVERAGE
Al I owed:
Exi sti ng;
Add iti on
Total SiTETTer-
age with addition
Remaining Site
Coverage after
addi ti on
COMMON AREA:
NTowed
Exi sti ng
Addition
Total comt6T-iiea
with addition
PLAZA LODGE
ZONING ANALYSIS
acres or 12,554 sq ft
tu,", ;,tt;i*n?r,. r-,/,. r)
9 D.U.
1 A.U.
10 A.U.I D.U.
10 D.U. & t'l A.U.
or
15.5 D. U.
fo9
€-DU & IE A.U
Proposed
2nd fl oor
3rd fl oor
\c
'|
9
I
U.U.
A. U.
A. U.
D. U.
14-#
rv. f o. Q:* The proposed remodel involves remodel.ing three ex.i sting D.U.s
above Chripty Sports into two D.U.'s. One of the remodeled O.U.swil'i nave -eA+ iocr-oft. ,-m-D?TFGe-T'F-utr rn e IOSS dT - B:€".-no--iTrr€ l4.c A^ 0_+, ^^{ m< iytaro
tttW
GRFA
10,043 sq ft
9,735 sq ft
236 sq ft
9,971 sq ft
72 sq ft
ft
ft
4RR cn ft
x ,/atx car tf
10,043
7,760
1,795 sq ft
2,009 sq ft
1,935 sq ft
,v )q rL
2,005 sq ft
sq
sq