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HomeMy WebLinkAboutVAIL VILLAGE FILING 1 BLOCK 5D LOT M O VAIL VILLAGE INN PHASE 4 AKA VAIL PLAZA HOTEL SEBASTIAN 2004 MAJOR AMEND TO SDD #6ORDINANCE NO.6 Series of 2005 AN ORDINANCE ADOPTING A REVISED APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN, PHASE I, TO ALLOW FOR MODIFICATIONS TO UNITS 16,17, AND 29, VAIL VILLAGE PLAZA CONDOMINIUMS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, amendments to a Special Development District are permitted pursuant to parameters set forth for such in Section 12-9A-10 of the Town Code of the Town of Vail: and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on January 24,2005, to consider the proposed amendment in accordance uith the provisions of the Town Code of the Town of Vail and forwarded a unanimous recommendation of approval to the Town Council of the Town of Vail based on the criteria and findings presented in the staf memorandum: and WHEREAS, the Vail Town Council finds that the proposed amendment to Special Development District No. 6, Vail Village lnn, Phase 1, complies with the review criteria outlined in Section 12-94-8 of the Vail Town Code and that the applicant has demonstrated that any adverse effects of the requested deviations from lhe development standards of the underllng zoning are outweighed by the public benefits provided; and WHEREAS, the approval of the major amendment to Special Delelopment District No. 6, Vail Village Inn, Phase 1, and the development standards in regard thereto shall not establish precedence or entitlements elsewhere within the Town of Vail; and WHEREAS, all notices as required by the Vail rown code have been sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest ofthe public health, safety, and welfare to adopt the proposed amendments to Special Development District No. 6, Vail Village Inn, Phase 1. Ordinance No. 6, Series 2005 NOW, THEREFORE, BE ITORDAINED BYTHE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Purpose of the Ordinance The purpose of Ordinance No. 6, Series of 2005, is to amend the Approved Development Plan for Special Development District No. 6, Vail Village Inn, Phase 1, in accordance with the provisions of Chapter 12-94-10 of the Vail Town Code. The "underlying" zone district for Special Development District No. 6 shall remain as the Public Accommodation (PA) zone district. Section 2. Establishment Procedures Fulfilled. Planninq Gommission Report The procedural requirements described in Chapter 129A of the Vail Town Code have been fulfilled and the Vail Town Council has received the recommendation of approval from the Planning & Environmental Commission for the major amendment to Special Development District No. 6, Vail Village lnn, Phase 1. Requests for the amendment of a special development district follow the procedures outlined in Chapter 12-9A of the Vail Town Code. Section 3. Special Development District No. 6 special Development District No. 6, Vail Village Inn, Phase 1, is hereby amended to assure comprehensive development and use of the area in a manner that r,rould be harmonious with the general character of the Town, proMde adequate open space and recreation amenities, and promote the goals, objectires and policies of the Town of Vail Comprehensive Plan. Special Development District No. 6, Vail Village Inn, Phase 1, is regarded as being complementaryto the Town of Vail by the Vail Town Council and the Planning & Environmental Commission, and has been amended because there are significant aspects of the Special Development District that 2Ordinance No. 6, Series 2005 cannot be satisfied through the imposition of the standard PublicAccommodation zone district req uirements. Section 4. Development Standards Special Development No. 6. Vail Village Inn The amended Development Plan for Special Development District No. 6, Vail Village Inn, Phase 1, shall include the following plans and materials prepared by FriElen Pierce Architects, dated December 13,2004, and stamped approved by the Town of Vail, dated March 1, 2005: a. 4200. Level One Floor Plan b. 4201. Level Two Floor Plan c. 4202. Level Three Floor Plan d. 4301 . North & South Elevations e. 4302. East & West Elevations Densitv-Number of Units Per Acre - The number of dwelling units permitted in Special Development District No. 6, Vail Village Inn shall not exceed the following: Dwelling Units Per Acre - 13.25 Densitv - Gross Residential Floor Area - The gross residential floor area (GRFA) units permitted in Special Development District No. 6, Vail Village Inn, Phase 1, which accounts for residential square footage only, shall not exceed the following: GRFA - 186,561 Square Feet Other Development Standards No other development standards are amended bythis ordinance. Ordinance No. 6, Series 2005 Section 5. lf any part, seclion, subsection, sentence, clause or phrase ofthis ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared inslid. Section 6. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commencedunderorbyvirtueoftheprovisionamended. Theamendmentofanyprovisionhereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof theretofore repealed. 4Ordinance No. 6, Series 2005 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE lN FULL ON FIRST READING this 1Sth day of February 2005, and a public hearing for second reading of this Ordinance set for the '1't day of March, 2005, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHEDl't day of March.2005. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 6, Series 2005 ORIOINAL IRREVOCABLE LETTER OF CREDIT FORMAT Legal Description: Lot 14, rrl. D ,Block_ Subdivision; {r+it Vill*ae l{ Address: Developer: Project Number: ' lmp-rovement Co Letter of Credit Expiration Date; M DEVELOPER IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 22nd day of lCcQEI, 2004_- by and among Davmer Corporation. N.V. (the , and the Town of Vail (the .Town") and (the "Bank"). WHEREAS. the Develo a condition ry Certificate of Occupancy for description, and project number)and sufficient in the judgement of the-Town improvements set forth in the attached s) in plans and specifications filed in the office of the unity Town of Vail: and , WHEREAS, the Developer Agreement, including the following: to guarantee performance of this to in this Agreement, by means of The Developer ag establish an letter of credit #the amount of $ 417.697.5p with (name of bank in Eagle County, Colorado) as the securififoflIffif cf,mpletion of all improvements referred to in this Agreement, in the event;lhEhBf,default under this Agreement by the Developer. \ tfltl A . NoW THEREFORE, in consideration of the roilods-forllovernnts iltrS1"r*nt", reloner end lha Tnwn arlroa qc fnllmerc. 7Fl t I ^ -fth" D""J#:,';:Til;ff; :ir:Sl,:?:i:il,o"n"'o"Tlrua covef nts as*'eemen 1. The Developer agrees, at its sole cost and expense, to furniSlil equipment and materials necessary to perform and complete all improvemen ts referred to in this Agreement. The Developer agrees to complete all improvements referred to in this Agreement on or before the 30th day of Julv , 2005 . The Developer shall complete, in a good workmanlike manner, all improvements referred to in this Agreement, in accordance with all approved plans and specifications filed in the office of the Community Development Department of the Town of Vail, and to do all work incidental thereto according to and in compliance with the following: a. All said work shall be done under the inspection of, and to the satisfaction of, the Town Planner, the Town Engineer, the Town Building Official, or other PlDenveA0z Cunent Projects\1668 - Vail Plaza Hote{\ConespondencdGov Agencies\DlA credit format_112002.do€Page 1 of 5 official from the Town of Vail, as affected by special districts or service districts, as their respective interest may appear, and shall not. be deemed complete until approved and accepted as completed by the , Community Development Department and Public Works Department of the Town of Vail. 2. To secure and guarantee performance of the obligations as set forth herein, the Developer agrees to provide security as follows: lrrevocable letter of credit #814 in the amount of $417,697.50 (125% of the total costs of the attached estimated bid(s)) with WestStar Bank in Eagle County, Colorado set to expire on the 18 day of October,2004 (not to expire less than 30 days after the date set forth in Paragraph 1 of this Agreement) as the security for the-completion of all improvements referred to in this Agreement, in the event there is a default under this Agreement by the Developer. 3. The Developer may at any time substitute tie security originally set forth above for another form of security or collateral,.acceptable to the'Town to guarantee the faithful completion of those improvements referred to in this Agreement and the performance of the terms of this Agreement. Such acceptance by the Town of alternative security or collateral shall be at the Town's sole discretion. 4. The Town shall not, nor shall any officer or employee.thereof, be liable or responsible for any accident, loss or damage happening or occurring to the work specified in this Agreement prior to the completion and acceptance of the same, nor shall the Town, nor any officer or employee thereof, be liable for any persons or property injured by reason of the nature of said work, but all of said liabilities shall and are hereby assumed by the Developer. , The Developer hereby agrees to indemnify and hold harmless the Town, and any of its officers, agents and employees against any losses, claims, damages, or liabilities to which the Town or any of its officers, Sgents or employees may become suOlect to, insofar as any such losses, claims, damages or liabilities (or actions in respect thereof) that arise oul of or are based upon any performance by the Developer hereunder; and the Developer.shall reimburse the Town for any and all legal or other expenses reasonably incurred by'the Towri "ih connection with investigating or defending any such loss, claim, damage, liability or action. This indemnity provision shall be in addition to any other liability which the Developer my have. : 5. lt is mutually agreed that the Developer may apply for and the f,own mby " authorize a partial release.of the security provided to the Town for each cate$ory of improvementat such time as such improvements are constructed in compliance with all plans and specifications as referenced hereunder and accepted by the Town. Under no cdndition shall the dollar amount of the security provided to the Town be reduced below the dollar amount necessarv to complete all uncompleted improvements referred to in this Agreement. 6. lf the Town determines, at its sole discretion, that any of the improvements referred to in this Agreement are not constructed in compliance with the approved plans and specifications filed in the office of the Community Development Department of the Town of Vail or C:\Documents and Settings\sfahrney\Local Settings\Temporary lnternet Files\OLKD\Oeveloper lmprovement Agreement.doc not accepted by the Town as complete on or before the date set forth in Paragraph'1 of this Agreement, the Town may, but shall not be required to, draw upon the security referred to in this Agreement and complete the uncompleted improvements referred to in this Agreement. Pursuant to Section 12-11-8, Vail Town Code, the Temporary Certificate of Occupancy referred to in this Agreement may be revoked until all improvements referred to herein are completed by the Developer or the Town in accordance with this Agreement. lf the costs of completing the uncompleted improvements referred to in this Agreement exceed the dollar amount of the security provided to the Town, the excess, together with interest at twelve percent (12%) per annum, shall be a lien against the property and may be collected by civil suit or may be certified to the treasurer of Eagle County to be collected in the same manner as delinquent ad valorem taxes levied against such property. lf the Developer fails or refuses to complete the improvements referred to in this Agreement, such failure or refusal shall be considered a violation of Title 12 (Zoning Regulations), of the Vail Town Code, and the Developer shall be subject to penalties pursuant to Section 12-3-10 (Violations: Penalties) and Chapter 1-4 (General Penalty), Vail Town Code. 7. The Developer shall warranty the work and materials of all improvements referred to in this Agreement located on Town property or within a Town right-of-way, pursuant to Chapter 8-3, of the Vail Town Code, for a period of two years after the Town's acceptance of said lmprovements. 8. The parties hereto mutually agree that this Agreement may be amended from time to time, provided that such amendments be in writing and executed by all parties hereto. Dated the day and year first above written. crla{"(r; e-#*Ja STATE OF COLOMDO COUNTY OF EAGLE The foregoing --l , Dav ofl-- Witness my hand and official seal. My commission expires C:\Documents and Settings\sfahrney\Local Setings\Temporary Internet Files\OLKD\Developer lmprovemeni Agreement.doc Page 3 of 5 ed before me this STATE OF COLORADO COUNTY OF EAGLE STATEOFCOLORADO ) )ss. COUNTYOF EAGLE ) Town Planner ) )ss ) Theforegoing Developer lmprovement Agreement was acknowledged beJore me this,/\ Day of (J.c {-, L_:-t r- ,ZW:Lby 4p.p,.-rroV.-.-l L--e-.- Witness my hand and official seal. My commission expires: .- . .* Th€ foregoing Developer lmprovement Agrepment.{ I -' day of oczoa=e , ZOot by & Bank ed before me thismz:z-A' Witness my hand and official seal. e,pa-n t, Vt tt My commission expies: blLt I Zaa b c:\Document6 and settings\sfahrney\Local Settings\Temporary Internet Files\OLKD\Developer lmprovement Agreement.doc Page 4 of s rt>l"I(rt9IFl< tro '] i I .lol-l sl fl(ltl>l FIol t-lJ I ol atl uJF o tltltltl I I I I OI lrJ IYIolt!l-l I I I ,lot olol :t 0l 'qlirl - ulItzliolYZIf til I i I I I I I I I IITIJIrtlol EItI rloIoI dI:l 3l zfrotl EI 0.iloIal HI s F lt 3 .? i't lnf,o ai 6 N q P q B c! -i J F. (nz to .J @ I I (Jl HI az azllt =o Fl izo s s a l!F o 6 - ! .g trt .9 .E E F 5 .t I e 0_ o 6 g :) .9 F E e (L '- _5 ,fl Js Ful u.lIa .-o---lllestStar Bank 15 Benchmark Rd Avon, CO.81620' (970) 94e-sees IRREVOCABLE LNTTER OX' CREDIT Effective Date: 10/18/04 Expiration Date: 10/18/05 To: Beneflciary Re: Customer The Town of Vail Daymer Corporation N.V. ?5 South tr'rontage Road West 12 Vail Road Ste 200 Vail, CO.81657 Vail CO.81657 ('Hereinafter referred to as: Beneficiary)(Hereinafter referred to as: Customer) Dear Town of Vail We hereby open our Irrevocable Letter of Credit No 814 in favor of Beneficiary. It is available by drafts at sight drawn on Weststar Bank for any sum or sums not exceeded the lesser of "FOUR HIINDREII SEVf,,NTENN THOUSANI' SD( EUNDRED AND NINNTY SEWN DOLLARS AIID F'IX'TY CENTS'' ($417,697.50) or the total amount due under that specific Promissory Note Ilated February 25,20n4 from Dayner Corporation N.V., as hereinafter defined, and Beneficiary for the account of Daymer Corporation N.V. f'Letter of Credif') Drafts under Lener of Credit must be ac'companied by an affidavit, signed by Beneficiary stating that I)aymer Corporation N.V. has failed to comply with the terms and conditions of the Developer knprovement Agreement. Each draft must bear upon its face t}e clause, 'Drawn under Letter of Credit No. 814 dated October 18, 2004, WestStar Bank, Avon, Colorado". Partial draws are not permitted. Drafts under Letter of Credit must be presented to an officer of WestStar Ba4k at the following address of WestStar Bank between the hours of 9:00 a.m. and 3:00 p.m. Monday through Friday excluding Holidays: Avon 15 Benchmark Rd Avon, C0.81620 The amount of the draft, which is negotiated pursuant to this Letter of Credit, togetha with the date of negotiation, must be endorsed on the reverse side of the Letter of Credit. We hereby agree that drafts drawn under this Letter of Credit and in compliance with its terms, shall be promptly honored if presented at the counters of Weststar Bank as previously defined herein no later than 3:00 P.M. Mountain Tirne on October 18, 2005. This Letter of Credit is not assignable and shall expire at 3:00 P.M. Mountain Time on October 18, 2005. WestStar Bank represents and warrants to Beneficiary that full authority and power to issue this Letter of Credit in the total amount and for the period of time stated herein: said authority being pu$uant to the laws of the United States, or to the State or territory which governs the establishment and regulation of WestStar Banlq and the WestStar Bank's Charter, bylaws, and other applicable rules and regulatiors adopted pursuant thereto. This credit is subject to the "Uniform Custom and Practice for Documentary Credits (1993 rw.), International Chamber of Commerce Publication No. 500". Letter of Credit #814 October 18, 2004 Page2 (1993 rev.), International Chamber of Commerce publication No. 500". Should ir be necessary for Beneficiary to file suit in an effort to enforce this Letter ofCredit. WestStar Bank hereby waives all venue rights and submits to thejurisdiction ofthe District Court in and for the County ofEagle, State ofColorado. From: To: Date: Subject: Corey Swisher Department Heads: Town Council 10122104 2:05:20 PM Acting Town Manager To All: Pursuant to Section 6.2 of the Town of Vail Charter, Pam Brandmeyer will serve as the Acting Town Manger from Friday, october 22, 2004, s:00 p.m. until wednesaay, october 27, 2004, g:00 a.m. Pam can be reached at the following numbers: 479-2113 Work 471-3573 Mobile 926-1694 Home Stan will be available via mobile: 390-7748 Thank you, CS Corey Swisher Executive Assistant Town of Vail, CO p: 97 0.47 9.21 06, f : 97 0.47 9.21 37 e: cswisher@vailgov.com w: http://www.vailgov.com CC:Lorelei Donaldson t rHI s "'lR.%".TffiiT3 fl " rHE FOR THE 2AO4 MAJORAMENDMENT TO SPECIAL DEVELOPMENT DISTRICT NO. 6, VAIL PLAZAHOTEL a>Qsotl - o I't 6. PEC04-002s DRB04-0179 /,\OtO8i.O3Oo3' th.^-"^-g a r0ffiffi al Planning and Environmental Commission ACTION FORM __ Depafunent of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 weD: www.Ci.vail.co.us Project Name: DAyMER NEW CONSTRUCTION pEC Number: pEC040025 Project Description: NEW CONSTRUCTION participants: OWNER DAYMER CoRp NV 05/10/2004 phone: 1OO E MEADOW DR VAIL co 81657 License: AppLrcANT ZEHRE-N &ASSOCIATES, INC. 05/10/2004 phone: g7o-g4g-0257 P.O. BOX 1976 AVON, CO 81620 License: C000001625 ProjectAddress: 100 E MEADOW DR VAIL Location:lOO E MEADOW DRIVE Legal Description: Lot: M-O Block 5D Subdivision: VILLAGE INN 'LAZAParcel Number: 210108203003 Comments: See conditions in the DIA BOARD/STAFF ACTION Motion By: Kjesbo second Bi: tieb - A€tion! APPRovED Vote: 5-0 DateofApproval: O6/28/2004 Conditions: Cond: B (PLAN): No changes to these plans mav be made without the written consent of rown ofVail staff and/or the appropriate review committee(s). Cond: 300 PEC approvar shail not be not become varid for 20 days foflowing the date ofapproval. Cond: CON0006756 see conditions outined in the approved Deveroper Improvement Agreement Planner: George Ruther pEc Fee paid: g1,000.00 tr Rezoningtr Major SubdivisionE Minor Subdivisiontr Exemption PlatF Minor Amendment to an SDDtr New Special Development Disvicttr Major Amendment to an SDDE Major Amendment to an SDD (n o exte rior m od i fica tions) DescripUgn of the Parcel No.: Zoning: Name(s) of Owner(s): Mailing Address; $1300 $1s00 $6s0 $6s0 $r000 $6000 $6000 $12s0 fli&1oa tr Conditional Use Permit $550tr Floodplain Modlfication $400tr Minor Exterior Alteration 9650tr Major Exterior Alteration $800E Development Plan $1500tr Amendment to a Development Plan 9250tr Zoning Code Amendment $1300tr Variance $500tr Sign Variance $200 (Contact Eagle Co. Assessorat 970-328-8640 for parcel no.) RECEIVEO i!i ', ., Application for Review by the Planning andlnvironmental Commission Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 web: www.ci.vail.co.us General Information: ftt..qpjects requiring Planning and Environmental Commission review must receive approval prior to submitting abuilding permit applicatien. Please refer to the submittal requirements for the particular appro'uat that is requesfid. An application for Planning and Environmental Commission review cannot be aicepted untiltafi required information is received.by the Community Development Department, The project may also need to be reviewed by the Town Council and/or the Design Review Board, Type of Application and Fee: fu..Location of the Proposal: LoHlfll0 Bl Owner(s) Signature(s): Name of Applicant: Mailing Address: E-mail Address: For Office Use Olly: Fee Paid: /bO' Page lof7-01/18/02 f,ln- I, (print name) . a joint owner of property located at (address/legal description) provide this letter as written approval of the plans dated been submitted to the Town of Vail community Development Department for the proposed improvements to be completed at the address noted above. I understand that the proposed improvements include: I further understand that minor modifications may be made to the plans over the course of the review process to ensure compliance with the Town's applicable codes and regulations. (Signature)(Date) Page 2 of 7-01l l8/02 which have TOI{,NI Special Development District (SDD) Submittal Requirements Fi il our vhllr Egrura*l I GENEML INFORMATION This application is required for any proposal involving the establishment of a new special development district or an amendment to an existing special development district. The purpose of the Special Development District is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the Town; to facilitate the adequate and economicai provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals ofthe community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Development Distrjct, in conjunction with the propeny's underlying zone district, shall establish the requirements for guiding development and uses of property included in the Special Development District. The Special Development District does not apply to and is not available in the following zone districls: Hillside Residential, Single-Family, Duplex, Primary/Secondary. Major Amendment (PEC and/or Town Council review): Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved Special Development Districts. Minor Amendment (Staff review): Modifications to building plans, site or landscape plans that do not alter the basic intent and character of the approved special development district, and are consistent with the design criteria for special development districts. Minor amendments may include, but not be limited to, variations of not more than five feet to approved setbacks andior building footprinG; changes to landscape or site plans that do not adversely impact pedestrian or vehicular circulation throughout the Special Development DistricU or changes to gross floor area (excluding residential uses), of not more than five percent (5olo) of the approved square footage of retail, office, common areas and other non- residential floor area, I. SUBMITTAL REOUIREMENTS tr Feet $6000.00 - New SDD $6000.00 - Major Amendment to an SDD ,-$ fitn Report, including Schedules Ae.B Ot,,j-|; -^- . - L"'r- ,ttto\ rW Written approval from a condominium association, landlord, and joint owner, if applicnbteOK*--,--It-f ). _-";E A written statement addressing the following:a. Describe the nature of the project to include information on proposed uses, densities, nature of the development proposed, contemplated ownership patterns and phasing plans.b. A statement outlining how and where the proposed development deviates from the development standards prescribed in the property's underlying zone district. Page 3 of7-01/18102 g A complete zoning analysis of existing and proposed development to include a square foomge breakdown of all proposed uses, parking provided, and proposed densities. o Stamped Topographic Survey (four complete sets of plans). o Existing ano ri&dsedgit" "ni d'riding ptans (Four comptete sets of ptans). tr A Vicinity Plan itt'e$ecdefrt less than 1"=50' to adequately show the project location in relationship to the surrounding area (Four complete sets of plansi. o A Landscape Plan (Four complete sets of plans). a A Roof Height plan (Four complete sets of plans). o Existing and Proposed Architectural Elevations (Four complete sets of ptans). o Existing and Proposed Architectural Floor Plans (Four complete se6 of plans). o Sun/shade analysis of the existing and proposed building for the spring/fall equinox and winter solstice at 10:00 am and 2:00 pm (as determined by the Administrator). - n All plans must also be submitted in 8,5" x 11" reduced format. These are required for the Planning and Environmental Commission members, information packets. a An Architectural or massing model depicting the proposed dwelopment in relationship to development on adjacent parcels. o Photo overlays and/or other graphic material to demonstrate the special relationship of the proposed development to adjacent properties, public spaces, and adopted public view coryidors. tr Parking needs assessment and vehicular circulation analysis prepared by a qualified professional. a An Environmental Impact Report (unless exempt according to Section IZ-LZ-3 of the Town Code) n Additional Material: The Administrator and/or PEC may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal II. DETAILEDSUBMITTATREOUIREMENTS Topographic survey:g Wet stamp and signature of a licensed surveyorA Date of surveytr North arrow and graphic bar scaletr Scale of 1"=10'or l"=Ze)E Legal description and physical addresstr Lot size and buildable area (buildable area excludes red hazard avalanche, slopes greater than 400/0, and floodplain)tr Ties to existing benchmark, either USGS landmark or sewer invert. This information must be clearlv stated on the surveya Property boundaries to the nearest hundredth (.01) of a foot accuracy. Distances and bearings and a basis of bearing must be shown, Show existing pins or monuments found and their relationship to the established corner.tr Show right of way and property lines; including bearings, distances and curve information.D Indicate all easements identified on the subdivision plat and recorded against the property as indicated in the title repoft. List any easement restrictions.D Spot Elevations at the edge of asphal! along the street frontage of the property at twenty-five Foot intervals (25'), and a minimum of one spol elevations on either side of the rot,! Topographic conditions at two foot contour intervals Page 4 of 7-01/l 8/02 o Existing trees or groups of trees having trunks with diameters of 4" or more, as measured from apoint one foot above grade.a Rock outcroppings and other significant natural features (large boulders, intermittent streams, ek.).E All existing improvements (including foundation walls, roof overhangs, building overhangs, ek.).E Environmental Hazards (ie. rockfall, debris flow, avalanche, wetlands, floodplain, soils)o Watercourse setbacks, if applicable (show centerline and edge of stream oi creek in addition to the. required stream or creak setback)a Show all utility meter locations, including any pedestals on site or in the right-of-way adjacent to thesite. Exact location of existing utility sources and proposed service linei from their source to the struqture. Utilities to include: Cable TV SewerTelephone Watero Size and type of drainage culverts, swales, etc. \td 5 Electric tr Adjacent roadways labeled and edge of asphalt foi both sides of the roadway shown for a minimum of 250' in either direction from property. Site and Grading plan: o Scale of I"=20'or largero Property and setback lineso Existing and proposed easementso Existing and proposed gradesE Existing and proposed layout of buildings and other structures including decks, patios, fences and walls. Indicate the foundation with a dashed line and the roof edge with Jsolid line.o All proposed roof ridge lines with proposed ridge elevations. Indicate existing and proposed grades shown underneath all roof lines. This will be used to calculate building height.o Proposed driveways, including percent slope and spot elevations at the property line, qarage slab and as necessary along the centerline of the driveway to accurately reflect grade,D A 4' wide unheated concrete pan at the edge of asphalt for driveways that exit the street in an uphill direction.a Locations of all utilities including existing sources and proposed service lines from sources to the structures.o Proposed surface drainage on and off-site.e Location of landscaped areas.u Location of limits of disturbance fencinoo Location of all required parking spaceso Snow storage areas.a Proposed dumpster location and detail of dumpster enclosure.o Retaining walls with proposed elevations at top and bottom of walls. A detailed cross-section and elevation drawings shall be provided on the plan or separate sheet Stamped engineering drawings are required for walls between 4' and 6'feet in height.o Delineate areas to be phased and appropriate timing, if applicable Landscape Plan:o Scale of 1" = 20'or largero Landscape plan must be drawn at the same scale as the site plan.o Location of existing trees, 4" diameter or larger. Indicate trees to remain, to be relocated (including new location), and to be removed. Large stands of trees may be shown (as bubble) if the strand ilnot being affected by the proposed improvements and grading.o Indicate all existing ground cover and shrubs.o Detailed legend, listing the type and size (caliper for deciduous trees, height for conifers, gallon sizefor shrubs and height for foundation shrubs) of all the existing and propoied plant material includinggrouno cover.o Delineate critical root zones for existing trees in close proximity to site grading and construction.o Indicate the location of all proposed plantings. Page 5 of7-01/18/02 tr n 0 The location and type of existing and proposed watering systems to be employed in caring for plant material following its installation. Existing and proposed contour lines. Retaining walls shall be included with the top of wall and the bottom of wall elevations noted. Architectural Floor Plans;D Scale of 1/8' = 1'or larger; 1/4" is preferredcl Floor plans of the proposed development drawn to scale and fully dimensioned. Floor plans and building elevations must be drawn at the same scale. Clearly indicate on the floor plans the inside face of the exterior structural walls of the building. Label floor plans to indicate the proposed floor area use (i.e. bedroom, kitchen, etc,), One set of floor plans must be "red-iined" indicating how the gross residential floor area (GRFA) was calculated. see Title 12, chapter 15 - Gross Residential Floor Area for regulations. Provide dimensions of all roof eaves and overhangs. Architectural Elevations: ct o o Scale of 1/8" = 1'or larger; 1/4" is preferred All elevations of the proposed development drawn to scale and fully dimensioned. The elevation drawings must show both existing and finished grades. Floor plans and building elevations must be drawn at the same scale. If building faces are proposed at angles not represented well on the normal building elevations, show these faces also. Elevations shall show proposed finished elevation of floors and roofs on all levels. All exterior materials and colors shali be specified on the elevations. The following shall be shown graphically and fully dimensioned: fascia, trim, railings, chimney caps, meter locations, and window details. Show all proposed elterior lightlng fixtures on the building. Illustrate all decks, porches and balconies. Indicate the roof and building drainage system (i.e. gutters and downspouts). Indicate all rooftop mechanical systems and all other roof structures, if applicable. Illustrate proposed building height elevation on roof lines and ridges. These elevations should coordinate with the finished floor elevations and the datum used for the suruey, Exterior color and material samples shall be submitted to staff and presented at the Design Review Board meeting PRE.APPLICATION CONFERENCE A pre-application conference with a planning staff member is strongly encouraged. No application will be accepted unless it is complete. It is the applicanfs responsibility to make an appointment with the staff to determine submittal requirements. TIME REOUIREMENTS The Planning and Environmental Commission meets on the 2nd and 4th Mondays of each month. A complete application form and all accompanying material (as described above) must be accepted by the Community Development Department by the appropriate submittal date, which is a minjmum of four (4) weel€ prior to the date of the PEC public hearing. Approval of a major or minor exterior alteration shall lapse and become void two (2) years following the date of approval unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. o D a o tr o Page 6 of?-01/18/02 ADDMONAL REVIEWA' Ifthis application requires separate review by any local, State or Federal agency other Lhan the Town of Vail, the application fee shall be increased by g200.00. Examples of sujh review, may include, but are not limited to: Colorado Department of Highway Access Permits, Army Corps of Engineers 404, etc. B. The applicant shall be responsible for paying any publishing fees.that are in excess of 50o/o of the application fee. If, at the applicant's reques! any mattei is postponed for hearing, causing thematter to be re-published, then, the entire fee for such re-publication shall be paid by ttre applicint. C. Applications deemed by the Community Development Department to have design, land use or other issues which may have a significant impact on the community may require review by consultants in addition to Town staff. Should a determination be made by the Town staff that an outside consultant is needed, the Community Development Department may hire the consultant. The Department shall estimate the amount of money necessary to pay the consultant and this amount shall be forwardedto the Town by the applicant at the time of filing an application. Expenses incurred by the Town in excess of the amount fonirrarded by the applicant shall be paid to the Town by the applicant within 30 days of notification by the Town. Any excess funds will be returned to the applicant upon review completion. Please note that only complete opplications will be accepted. Atl of the required informution must be submitted in order/br the applicatian to be deemed complete. PageT of7-01/18/02 . .t..r Land Titie (S9) Thu 06 May 2004 01:12:49 PM MDT F Page 1 of 14 -l-F Land Tltle Land Title Guarantee Company CUSTO}TER DIS'IRrtsU-TION a;:iar.'\Nrf.t couPnr{Y Date : O5-06?)04 Property Addrs.rs: VAIL VLI,AGE TNN Orlr ()rder Number- \{i2fi1111.1 CS-{NIE DORSE!/ vAtL vu"t-A(;ti INN 12 lirll' ROAD, STT" 20O vAtr, co tr657 Ptxnn 9111476-5622 Fut; 97041G'1661 Settt lta Fax If Snru have ary iupirirs or rtquirc frutrer arsistance, please conbct o* of 0re mu*rers hkrw: For fitJr Arsistsnce: Vail Title DepL Karcn Biggs 10tt s. FRONTAGE RD. lV. #203 P.O. BOX 3s7 vArL, CO 81657 Phune: 97ll-i176-2251 Ftxz 970-416.4732 DMail: kbiggs@ltgc,com From Land Tit'le (S9) Thu 06 May 2004 01:12:49 PM MDT Page 2 of ).4oo Land Title Guarantee Company Drtr: 05-l)6-2{10.1 Orrr {}rder Numt}er: V(2777117-1 Itoperfy Addr*ris: VAIL VLT,AG{ TNN Btyer/Borrower: IIAYMBR CORIORATION N.V.. A NI'I'HERLANIIS ANTll,l.I{:S CORPOTL{.flON Sellerl( )rvner: DAYMER COTTPO*.q,1'TON N.V.. A NIqT'HDRLANDS AN'IILLES CORIORAI]ON Need a map or dircctions for your upcoming dosing? Chcck out Land l-i e's wcb sitc at www.ltgc.cortr l'or directions to any of our 54 oflice l0crtions. FSTTMATII OF TITI,II T.T,1]S lfrrrmation Bir*r s750. oo Tolnl-sTso .00 tos ct*ttact {B/2oc}} IIIANK yOU FOR YOUR ORDEB! From Land Title (S9) Thu 06 Mav 2004 01112:49 pM MDT Page 3 of 14 ITND TITIECUqRANTE CI,PAIfY I].I\OCE tand Tltle (hrnen DAYIVIERCORPORATION N.V., A NETHERLANDS ANTILLES CORI'ORATION P$pcdy Ad&$s: vAIl, VILLA,Gfi INN Yow Relbrence No.: }lhm rcfenirg kr thi.s order, llease refersxe our Order No. VL27n87.7 - crt4R(;as - Ir{ormatitn Birirr $1s0.00 -11rtel.-$1s0.00 Plerse rratrc cleckr poyalile trr: Land 'fiUc Guaradcc Company P.0, &x 5440 Den'er, CO {10217 From Land Ti t'l e (S9)Thu 05 Mav 2004 01:12:49 PM MDT Page 4 of 14 Chicago lillc lrouracc Corrpany ALTA C{}NTNIITMENT Schedule A Our Ordcr No. VC277787.1 L\r.sL Ret'.: Prrperty Address: VAIL VLI,AT;E INN 1. Elfective Date: April f9, 20(H at5dn p.l\4 2. Policy to l:e llsmed, and Proposed Innrred: l{omution l}idcr Proposed Insur€d: llAYMtsR CORITORA'ilON n-. V., A Nb-II{ERT,ANDS ANTtt.LF:S CORIORAI'ION 3. The sstate or inlersst iu the land dsscrib{:d or relbrred 1o in this Crmurihnent und covelt,it hrrein is: A Fee SimSe 4. li{c lo thc c.s[a14 or inlcrcsf coyercd hcrcin is !! thc cffcctivc datt hcrcof vcslrd in: DAI'IIER L:ORIIT}&4,TruN N.V.. A NETIIERLA,NDS ANTILLE.S C(}RR}RAI'ION 5. Thc land rclcrrcd to in this Commitmcnl is dcscribcd as follows: .$EE ATTACEM PAGq$ F(}R LAGAL DNSLTIPII0N From Land Tit.l e (S9)Thu 06 May 2004 01:12:49 PM MDT Page 5 of 14 Out Ordcr No- VC277?87.1 LGAl-tECRmq'l PARCEL 1: coNDoMrNluM uNtl' l, YTLLAGE t\N PLAZA-PHASE rV CONDOMINIUNIS, ACCORDING 10 l'HE, c()l{D{NIINItiM MAP REC(}R.DED DE(ENIBER 17, Le92, IN B{X)K 596 AT pA(;E 910. AND A"S DF,FINIID AND DF^SCRIRF-D IN TFIII CO|IIDOMII\'ru1!f DFCI RATION RF.CORDTT,I) DIICTCIiTBIIR 17, 1992 IN BOOK 596 AT PAGE 909. COUN1Y O}'EAGLS. S'T'A'TE OI'COT,ORADO, PARCITI,2: (}IIIITTED PARCIIL 3: ONTTITFJ) PAR(IL 4: I'HOSE IrORI'IONS Ol'r,ols 14 N, ANr) q BLOCK5-D, VAIL VLr,AGn! !'rRSl'I'rLrNG ALCORDIN(; TT) TI{E IVI.A.P THERE(}F REC0RDED UNDER RELTII'IION N(), 96382 IN TIIE (XT'ILE OF TFIIIF,/iGLE COLTNTY. COLORADO CLIIRKAND RJrCORDIIR (CLIIRI{S RrrCORrrSi DI,SCRIBED AS I'OLLOWS: BFCINNTNG AT A POTNT, ON TTIn NORTIInRTJ r,INn OF SAm r,OT O, \rymclr E TEII NORTHEASI' CORNER O}'A PARCEL DTSCR]I}ED tN BOOK 230 A1I'PAGE 556 OI'TIII' CLERK'S RELURI}S! VIIIIENCE TIIB, N(}RTIil{NST CORNER OF SAID L(}T N BEARS NORTH 79 DE(;REIIS 45 I\'fINUTF-S 00 SECONDS WIIST 175.00 niltT DIST NT; TI{IINCII AT,ONG S,iII) NORTIIIIRIJ LIIYE, SOU'I'H 79 DEGREES 46 trilNull;S 00 SI;CONDS EAST 178.40 l''tsIlt, 10 THlt NOR'rHffilS'r' coRNER OF VILI-A(;E INN rL{ZA, A C(}NDOM{IIJIVI, ACCORDIN(; TO TIIE NIAP TTIF.RE(IF RF,CORDT,;D rN BOOK 349 AT PAGItr rl OF THlt CII,IRICS RFCORDS; THI,iI{CI{ AI,ONG TIfIr WITS"IERLY LTNT] O}'SAID VILT,AGIJ INN I,{I,AZA, A CONDOIIINTUIA SOU'ftT 09 DI'GREES 30 NIINUTES IIO SE(X)NDS WEST 37.6I IEET T() TTIE N(}RTIIEASTENLY C\)R\TR ()F COND0MINru}I I,TAP FOR VIIJ"{GIT INN PT,AZA . PHASTT ry CONDOIVTINIUI\m, ACCORDINC T0 TTilI MAP THERNOF RUCORD.ED lN THII CLERK'S TUCORDS; 1'H-[)NCB, U;pARl'tttlc SAID WtS-lltRLY LlFiE, THIi F0LITOWIN{] NINE COIJRSES AI,ON(; TIIE NORTHERLY, EASTERLY A}iD SoUTIIMLY LINRS OF SAID CONDONfINIUI\' M P FOR VIIJAGE INN Yt-\7A - PIIASn Iv : tl ) NORTI1 79 DITCRIdFS 47 MINU'IES l)8 SItCONIIS WIr9'r'70.ft FBm'; (2) SOUUr 32 DEGREI:S 56 I\IINUI}]S 27 SECO\*DS WILST 63.s1 FEEI; (3) NORTH 79 DEGREES 47 MINUTES l)lt SECOhIDS WE$T 61.46 FEET; (4) SOUfiT l0 DITCRITJ'S 12 NIINUTF,S 52 SI,ICONDS WINST 6S.82 I,Ttr,.T, TOTIIII NORTTIItrRIJ li{,CE O}'AN fixlsl'tNc IfUILDING; (5) SOUTll T9 DEGREIiS 58 l\.flNUl'tLS 51 SECONDS HAST 6.ss FEET, AI/)NG THE N()RTEERLY FACT OF SAID ffi$Tll.{(; BUILDIN(I; (6) SOUTE 10 DT4CRAjS 01 i\.flNUTttS 09 SFCONDS WtiST 6.4r nmT, ArO-FiC THE IIASTIRTJ F Clr OF SAII) [,XLS'r'rNG BUILDING; (7) DXP.{,RI'ING'r'HIr'mS'fltRLY I'ACX Or SAID EX|SI'ING BUILDING, SOUTE 79 DE(;RE[S {7 MINUTES {flt SFTONDS EAST tt3.93 IET; (tl) N{)RIII l{f DE(;R[D.S 12 NTINUTTIS s2 ST,]CONDS riAST 3460 lfrilft (9) SOUTH 79 DFCREES 4? n{rNUTr.S 0B SnCONDS r"ASr 67.05 -F'Dlfl" 10 l'nH SAID WtrSTnRLy UNrJ OF- VTLI AGE tNN pt L'L^, A CONDOMTNTUM; TIIENCE TIm FOLLOWING THRff COURSES AL{)N(; SAID WESTERLY LINE: {1) S(}UTH 09 Df,GREF^S 30 I\IINUTTS 00 SF.CONDS WIrST 50.91 r,TtllT; i2) SOUTH 80 DIdGRnES 30 ll,flfiunrs 00 sEcoNDs EAST56.60 r'lrrr: (3) sourll 09 Df,GRmlS 30 l\ilNul'r]S 00 $,cor!Ds WEsl' 7.46 TF-ET! TO TIIEN0RIHMLY LL{E OF VILLIX;E INN ITLAZA PTIASES I AND II. ACCORT,III{G TO THI] NIAP TFMRI'OI' RIICORDED ]N BOOK 388 AT PACE 855 OF TIIN CITRK'S From Land Title (S9)Thu 06 May 2004 01:12:49 PM MDT Page 5 of 14 Our Ordcr No. VC2?7787.1 L&ALtErHmoll RECORDS; TEEI'{CE TIIE FOLLOVIIN{; FOUR COURSES AIONG TIIE NORTIIERLY AI\-D WASTERLY LINIIS OF SAID YIIJ cn $iN PIiT-A PHASIiS I ANI) II; {1) NORTII S0 DIIcRItnS 22 eflNUTES 22 SETPNDS WEST 125.59 r,.EUr'; (2) SOUIII {2 DEGRI]ES 32 M|NUIIiS 2r SECONT}S W]EST {6.1}1 FEET; (3) SOUTH tl2 DE{;REES ffi I!fi{UTES 46.SF,CONDS WEST 49.4{t FffiT; (4) SOUTIT 10 DnCRnr4S 13 lltrNUTnS 02 SECONDS WnST 53.5r rflXrrrO Tr{n NORTI{EASTERTJ CORI{IIR OI.-.}'ORTEITURE OR RI'VI'RITR CLAUSE AMSNDME}iT TO CONDOMINIUM I&A.P OI' VTLI-AGE INN PIITZA - I|EA"SE V CT)NDT)I\,IINIUI!f,S. ALL'ORDNC TT} TIIE MAP TTIEREOF REC(}RDED IN THE CLIRKS RF{ORDS; TEIlNCttr THE FOII,OWINC THRI{I{ COURSF.S AT,ONG THlt NORTHI{RLY LINE OF SA|r} I.'IItgI'A*MENDMENT 1'O CONDOIilNIUM MAP OI' VILLAGE INN PL{.21A . PTIASU V CONDOMINIUII'{S: (1) NORTII lll} DE(;RrjE.{i 02 M{UTES 44 SEC{)NDS w.EsT 1{m.72 FEET; {2) NORTH 09 DttGRnr4S 57 MINUTI{S 16 SIDCONDS rnST 5.?5 FEET; (3) NORTIT 80 r}ncRl,jrS 02 MINUTES.|4 STICONDS lvl$r'52.23 l,'Bln'r 1'O'l'ftts wES'r'ERLy LrNs O1'SArD LOI Sg THENCE N0RTE IN DE(;REES 23 MINUIES I}O SEC0NDS WAST 105.76 FET, ALON(; SAID WE\-TERLYIl|ilt, TO THll NORTHWITST CORNER OF SAID t,Or Mi TrmNCTl ALONG TIIn WnST LINI] Or sAlD r.oT N, NOr{r}I 00 DL'GRfiES 23 lurNUTllS 00 SECONDS WEST 50.05 I'rrEr'. 10 'friE SOUTIIWEST C{)RNER ()F SAID PARCEL DBSCRIBD IN BTX)K 23|} AT PA(;E 556 0F TI{E CI,IIRKS RECORDS! TIIfflICT' TEII FOIT.OVI.INC TWO COTJRST'S AI,ONG TIilT SOUTH]'RIJ AND EASIIIRLy LINES OI,'SAII) PARCEL: (1) SOU'ftI 79 DEcxItttS 46 lvilNUTES 00 SICI)NDS DAST 147.36 EffiT; (Z) NORTE 10 DE(;REES 14IIINUTH; lXf SFiIONDS F,AST 147.43 FET. To TIIT' POINT OF B]'GINNINC, COUNTY OF IIAGI,I'. STATI' Or COI,ORADO. PARCEL 5: CONI}OMINIUM UNI1S 2 ANI} 3, VTLT,AGE INN PT,AZA - PHASE IV CONDOMNTUMS, ACTORI}ING fi) TIIE COND0MINIU]VI I!v14,P REC0RDED DDLTIVIBER 17, IY)2,IN B{X}K 596 AT PA(E 91U AND AS DI'I'IhIT'I} ANT} DTSCRIBFJD IN TFII' CONDO}IINruNI DICCIARATION RIqCORDIT} DECII,N{RI'R 17, 1992 IN SOOK 596 AT PAGO 909, COUN1Y OF'EAG{-II, STA'TU O}' COLORADO. From Land Title (S9)Thu 06 May 2004 O1:12:49 PM MDT Page 7 of 14 A L'f A COMMITIVIEN T Schedule B - Secfon 1 fRequiremcnts) Our {hder Nt. V(217787,7 fhc following arc thc rcquircmcnts to be complicd witb: llcm (a) hytncnt lo or for l}c accouna of tbc granlors or nrorlg4ors of lhc tutl considcration for thc cslat4 or interest tl lt insnrd. llcm (b) Pmpcr inslnrrrc(s) crcalidg lbc cshlc or in{crert lo bc imurcd mrst bc cxccut{d atrd duly filcd for rccond trrwit Itcm (c) frymcal of all laxcs, chaigca or asscssrncnls lcvicd aod s$scssrd rgainsl thc sub.]cct premi*cs which are due ard payahk. Ilcm (d) Addilioml r*quinmcnlr, if any discloscd bclow: l'HlS COMMITMEN'I IS r,-OR INI-ORI!{A1'|ON ONLY, AND NO IOLTCY Wtt.r. Bt: tSSUttt) PUR.SUANT HERET{}. From Land Title (S9)Thu 05 Mav 2004 01:12:49 PM MDT Page 8 of 14 ALI'A COMMIT[,IEN T SchefuleR-Secfon2 fhcrptions) (hrr Order No. V(]777117.1 fbc polity or policics to bc issucd will contsin cxccptions 1o lhc following unltss lhc srmc arc dispos'cd of to tlre sattdhctinn ol the Company: 1. Rigfrb or clak* of padics in posscssion nol $hown by lhc pubtic rtcortb. 2. ftase ents, or clairns of easernent* not shown by dre prHic rccords. 3. Discrcpancie,,r, curdlictr in hnrndarf, lirx*, slxntage in aerr errnrr:lInlenh, f,d uy frtr whicl a carrct snwey and irtpection of dre premises would disclore and which arc mt shown by tlre pubtic rccods. 4. Any Iieg or right ltl a ficg lilr senicts, Iialxrr {)r mrttdat dlcrBtl{{rtB or bereal'er lirnrishc4 irprned by taw and ml shorvn by the prblic records. 5. Defi:c8, licns, encrmhrnces, adversu dainr or olhrr nrrtlen, if roy, created, lirst appe:ring in fte pfilic records or attachiry subsequent to Ere effeclire dab hermf tut prior io fte dab dre prposed insrrd acguires of record for valuc lbc cslalc or inlcn*t or rmrlgagc thcr+on covcrcd by lhis Cbmmilnrnl 6. Tar.es or special Gsessrlrents which arc rnt shown as existirg liem by Ore public rccords. o the Tieasuef s oflice. 7. Liers firr rrrpqid water ard sewer charges, if any.. E. ln addilion' lhc owrt's policy r+i|| bc subiccl to lhc (Frlgagc., i.t any, mtcd in Sccfion 1 of lh.hcdulc B hcrcof. 9. RTGHI'OT'' PROPRIE.IOR O!'A VEIN OR LODI' 10 EX.r'RACr AND RIIMOvtr, HIS ORE TIIEREF'R(}VI SH(XJLD THE SAME BE I\OUND TO PENETRAIE 0R INTERSEL'T TIIE PREMNES AS RTS]'RVIID IN UNITED STATT'.S PATI1NT RTTORDI{D ruI,Y 12, 1899, IN ROOK 48 4T PAGf, 475. 10. RIGHI- OI' WAY I.'OR DtlTTilIS OR C{.NALS CONS'r-RUCN'D I}Y I'HE AUI'HOR]IY OF- r'HB UNNED STATBS A.S RESD,RYED IN UNITM STAIT.S PATENT RECORDM.ruLY 12. 1It99. IN ROOK 48 AT PAG[' 475. I I. RFSTRICTIVE CO1'ENANTS 1VHICH DO NOT CONTAtr\ A FORFT{ITURI' OR RN,'ITRTF..R CI,AUSII BU',I O$ilrrrNc ANy COVENAN'r' OR RrSS'r'RtCtr.rON BAStst) ON rtACIr, CO[,o& RnLtGtON, Sffi. HANDICAR FAIIIILIAL STATUS ORNATIoNAL 0RIGIN UNLESS AND (}NLY T() TI{E f,XTtrNT THAT SAID COVIiNANT (A) IS tiXF,NfpT UNDtxR CHAPTIiR 42, STCTION -j607 OF 1'}Ig UNN'ED STAI'ES CODE OR (B) R"SJ-A'ITS 10 TIANDICA} SUT DOIIS NOl' DF;LTININ\IATE A(;AINST IIANDIC},PIIER^SONS. A.S C(}NTAINED IF{ INSTRIJN'MAIT RE|CORDED AUG'L'ST 70, 1962, IN BOOK 174 AT PAGS t?9. 1Z RIICIPROCAL F,ASENIIINT AGRIdI,XvtnNT Rtt'rwtltxN VAIL VII,I,AGII I1\N. A COLOR DO CORPORAUON, JAMM LlD., A COI,ORAI}O LIMN'ED PARTNET{SHIP AND VAIL VII,I,AGE INN ASSOCfATES, A C0LT)RAD(}(ENERALPARTNER.SEPREE{)RDED.IANUARY 3. 19I*t IN RooK35r ATP Glt324. From Land Titl e (S9)Thu 06 May 2004 01:12:49 PM MDT Page 9 of 14 ALTA COMMII'MEN T ScheduleR-Section2 fkceptions)(hrr Order l{o, V(27nE7.1 'Ihc policy or policics to bc issucd will conloin cxccplions to tbc follcwing unlcss thc sams arc disposcd of hr the satidaction rf the Company: 13. TERMS, CONDTTTONS ANrr, PR0VTSIONS OF AGRTCT{VmNT RnCORI}nn SF_pTEMRnR 09, 1983 IN BOOK367 AT PAGE 833. T4. (DNVEYANCD OT'EASEMEN'TS BgT\trEE.N VAIL VILI,{,GE INN, INC., A COLORADO L{}RPORATION AND F&L VAIL VILLAGE INN PARINER.SHIP. A COLORADO {;ENERAL P^KTNNRSHIP RI'CORI}IdT} JUTJ IO, 1984 IN BOOK 3S8 AT PAGII861, DIT{I,AR TION OF PARTTAI, VACATION OF I'ASITMENT II[ CONNFfITON WTITI SAII) ICASI'MENT RECORDED JULY 25.1985 IN BOOK 420 AT PAGE 741. 15. I'ER}IS, CONDTTIONS AND PROVISIONS OI'DI'CI-ARAI'ION O},'IASEMEN1S ANI} RIGH1S RECORDED FEBRUARY {I4. 19fI8 IN B(X)K 478 AT PA{M,377, 16. IERI\[S, C{)ND[m)NS ArrD PROVf,SI(}NS OF DELI-ARAII{)N L'ON(ERNIN(} PARKIN(; WTrril}i SP]]CIAI. DEVff-OP}TFNT I}ETRICT 6 RNCORDND JT'IJ IO. 1984 IN BOOK 388 AT PAGI' 8s6. 17. IiASEMST\1S, COFIDTflONS, COVf,'NAN15, RES1.RISI.ONS, RtsSERVA1.IONS AND NO-IIS ON TIIE COND0NMiIIUftI IVIAP RECORDED DELB,TBM fi. T992IN B{X)K 5!}6 AT PAT;E 910. 1T. TTI($E PR0V$I(bIS" C0VEI\TANTIi AND C{)NDITI(}NS, EAS]E]IIENTS AND RESTRIL-TI(}NS, \ryHrcH Anft A RURDDN T0 THn CONDONINTUtr{ UNrr DI6CRIBFJ} IN SCHIDULL A, AS CON'IANED IN ll'JS1'RUMIiltil' RECORDI:D DIICEMBER 17. 1992. IN BOOK 596 A1'P.{cE 909. 79. TERMI C{)NDInONS AlfD PR{}VffIONS (}F COVm'ANT RECORDBD DELEIIBER 17. 1992 IN BOOK 596 AT PAGN 9I I. (TFTll ABOl'tt ITnNfS ArTrrXT t) 20. TriRlvls, CONDrIIONS Al{D pRO\rySrONS OF DTCTiR TTON OF r]ASr,j}vfl1NTS RF,CORDIIr} DUCIiIItsER 17, 1992 IJ't BIOOK 596 AT PAGH 908 AND AS SHOWN ON ALTWACS$.! PREPA.RD JULY 26, 1996 BY EA(;LE VALI-ET SURIEYIN(;. INC. .IOB N0. II54-5. From Land Title (S9)Thu 06 Mav 2004 01: 12: 49 PM ltilDT Page 10 of 14 ALTA COMMIl'NIgN T ScbeduleR-Section2 fExceptions) (hu ()rder No. V{-2777n.1 fhc policy or policic't to bc issucd will contdn exccptions to lhc following unlcss the same arc disposed of tr, fte satidactirm rf thr Conrpany: (TIIE ABOI'E ITST ATIFELTS PAR(EL 1 AND PARLT,L {) 2I, RK;HT (}F WAY FORDITCERS 0R CANALS CONSTRUCTED BY THE AUTTI0RITY 0F TIIE UNITIiD STATES AS RT4SNR\TED IN UNTITT' STATNS PATTTNT RIICORDT{D JTII,Y 12, 1899, IN BOOK4S AT PAGE 475. 22- RIGHT Or. PROPRIETOR Ot" A vL'lN OR r-dlllE 10 EX'I'RACT AliD RIi\,IOVE HIS ORE TIIEREF'RT)M SH(}T,JLD TIIE SAME BE FOUND TO TR\ETRAIE 0R INTERS]ELT 1IIE PRn!TKBS AS RIqSERVIiD IN UNr T.x) STATTTS PATTiNT RFCORDT'D JUI,Y 12, 1899, IN BOOK 48 AT PAGB 475. 23, RESTruCTrVE COVtrNAIVr$ WHICL IIO NOI'CONTATN A t'ORr{'L'l'fURE OR R};V}tR1'I{R CLAUSI{ BUT OMTIN(; ANy C()VENANT ()R RRSTRICTI(N BAS'ED ON RA(3, C.OLO& REfJ(;ION, SI'X, H,'\NDICAR FAI\fII,hI, STATIJS O8 NATIONAI, ORIGIN UNII4SS AND ONIJ TO TTIT' EXTIINT'[HAT SAID COVENAn*1'(A) IS D{I{l\il'r' UNDER CHAPI};R.t2, SECaTON 3607 Of- TIIE UNITM .qTATF^S C(}DE (}R (B) REIATNS TO SANDICA-P BUT DT}ES NOT DSCRII\fl {ATE AGAINST H.^NDrcAP prqRSONS, AS CONTAINIiD IN INSTRIINII'NT RIdCORDED AUG{IST r0, t962, IN BOOK 174 A'r pAGtr 179. 24. EASEMEF,|:[S, CONDffIONS, COVENAN:IS, R.USTR|CnONS, RESERVATIONS AND Ngr-US ON TTIE REL'ORDED PLAT ()F VAIL VILIS,T;E }IRST FILING. 25. RECtrR(TAL EASMTENT A(;REMIMIT BETWEEI'{ VAIL VILLA(;E INN, A C(}LORA,D(} coRPoRATroN, Jk\]\,fM LTD., A COT.ORADO LIMTTID PARTNF,RSHTP, AND VAn, V-ILIiG[t INN ASSOCIATT$, A COLOR{DO GiN}iRAL PAR1NERSHIP REC'ORI}HD JANUARY 3, 1983 IN B(X}K 351 ATPA(;E 324. 26. UTILITY EA.SEIIIENTAS GRA.NTD TO SOLY CR($.S EI,EL-TRIC ASSOCL{fi0N, fNC. IN INSTRIIITINT RIICORDTil }INUARY 21. 1983 IN BOOK 352 AT PAGT' 396. 27. TllRIvtS, CONDrIIONS AND PROVTSIONS OF AGRIcFJT{F.NT RIICORDnD SEPTn]VIHIR 09, lt83 IN BOOK 367 AT PAGE 833. 28. trNCROACHI.IDN1'O],'ItASEl\.tEN1'AREA OI" VILLAGE INN PI,.\ZA ANt] VILL{GE INN PtAl4A PHASES I AND tr {)NTt) trLB.lECT PROPERTY AS SHOIVN ON ILIPROV$IET.{T LOCATION CF.RTTI,'ICATII BY MGI,N VAI,I,NT SURYET'NG, INC., JOB NO. 854,5 DATNT) JUIJ 26 From Land Title (S9)Thu 06 May 2004 01:12:49 PM MDT Page 11 of 14 ALTA COl|MII'}TEN f ScheduleR. Section 2 {&ceptions)()ur Onler No, V(377747.1 'fhc policy or policics 1o bc issucd will conlain cxccplions to lhc following unlc*s thc samc are disposcd of l.rr thc satidaction r ' the Cornpany: 1996. 29. ENCROACHI\,1DN'f A.IiD ROO[' OVERIJANG OI.' VILLA.GE INN PLAZA PHAST]S I AND X ONTO SUBIELTPROPERIY AS SHOWN ()N II\.TPR{)1'FI\,1ENTL()CATION CERTIFICATEBY EA(;LE VAtr,tfr SURVDT-rNG n\ic., .PR NO. 85+5, I)^flil) JUIJ 26,7995. NOTI': &ISEMTCNTAGRT{F,]!ffNTIN CONNFCTTON WTTH SAID ]INCROACHI\fiiFITlilAs RI'CORI}I{D JULY 10, 1984 tN BOOK388 ATPAGE 861. 30. CONVEYANCX Or,'SASEMEN1S lUr-lWEllN VAIL vIu,AGFl INN, INC., A COLOILA.DO L'{}RFORATI0N AND F&L VAIL V[I,A{;E INN PARTNER.IiHIP, A C0L{}RA.D() (,T,NERAL PARTNNRSHIP RI}CORDIID JUIJ 10, 1984 IN{ BOOK 388 AT PAGIi 85I. DF,CI,ARATION OF PARTIAI, VACATTON OF I'AflTMI'I$T IN CONNF{TION WTITI SAIT' IiASEMIiNT RECORD}-]D JULY 25, 1985 IN BOOK 4A) AI'PAGF) 741. 31. IURMS, CONDnONS AND PROVISIONS O[- ENCROACH$rf,,NT AND Vrr]W AGRS!]lvftlttT REC(}RDED Df,CEIIIBER 2?. I9tt9 IN B(X)K520 AT PA(;E 167. 32. TERM;, CONDITI{)NS AND PROVLSI(}NS ()F EAIiEIIE IT A(;RffNIEI.TT RECoRDtrD APRIL 1{, 1992 IN BOOK 577 AT PAGE 528, 33. TIiJRtr4S, CONI}ITIONS ANT} PROVISIONS OF RESTRISITV"II COI'TNANTS RI]CORDIID APRII- 23, 7992 rN BOOK 578 A1' PAGFI 368 AND RFjRBCORDED ApRrL 30, 1992 tN BOOK 578 AT PAGE 996. 34. TERMI C('NDnIONS AND pROvr{irONS OFDEm OFE4.SEMB.{TRE'|C(}RDED }rAy ltt, 19.14 IN ROOK 6{0 AT PAGlI62I. (TTilI ABOVI' ITENTS ATIFFCT PARCFJ,4} 35, I4XISTING I.I4ASI]S ANT} TIINANCMS. 36. DI1TD OF TTUST DAT[, T{IBRUARY 25, 2(fr4 FROM DAYNIF,R CORPORATION N.V., A From Land Title (S9)Thu 06 May 2004 01;12:49 PM MDT Page 12 of 14 r. I ALTA COMUtTeIEN-r Schednle R - Section 2 {Erceptions)(hrr Order lirx V(2777117.1 'fhc poliey or policics to lrc issued will contcin cxccptions to thc followirg unlcss thc samc are disposcd of h tfie salidactiun rrl the Cornpany: Nb-IHD,RI,ANDS ANTILL}S CORPORATTON 1'O'ftTE PUBLIC'T'RUS1'I]E OI'Id{GLB COUN1Y }'OR TIIE U.SE (X'WESTSTARBANK fi) SECURE TgE STJ1VI 0F' $3,IX}O,UIO.IIO, AND ANY {}TIIER AMOUNTS PAYABI,II UNIDICR TTI|I T'IIRIIIS THI'R&UT. HT4ORDFTD ]\'ARCH T5. 2004. UNDI1R R!ru:P'r'roN NO.87069& From Land Title (S9)Thu 06 May 2004 01:12:49 PM MDT Page 13 of 14 LAN D TIl'LE' G UARAN l'B14 C OMPAN Y DISCLOSIT-RE STATEMENTS Nrtte: Ilrsuard ttl CT,S 10-11-122, nrdee is heetry giyen ftat: A) The subjtxl rcal Foperty may be located in a special taxirg disFict It) A Ccdifrcal,c of Taxci Duc lisling cach laxirg jurisdiclion rnay bc obtaincd fmm lhc Counry Tfsnrur:r' s anllxrrized agenl C; Tle irtrorrution ngardir€ special districts and tlre bouDdariee of such dstricts nay be olrtained fmm thc Boild ol Counly Cbmmlssioncn, trc Coudy Clcd< ard Rcrordcr, or thc County Asscssor. Note: ltrffective September 1, 19t7. CR.S 31F10-405 ilquirrs that all docun€nts rcceived for recordirg or filirg in lbc clc*. ad rccordcr's officc shalt coniain a lop rorgin of at lcasi on iah aod a lcft right ard botlom nurgin uf at leart one half of an irrh. The cbrk arrl recorder rray rcfrre tl rtcord cr iile my drrcrurrcrd thxt does not confonn, except tha! dre requiremefi for the top margin shatt ml apply to docmE|ta using fotms oo which spacc is providcd for rccordfu€ or frli4 ioformofoo al thc lop Eargin oI llre docun*r* Note; Colorado Division of Imurance Regutalions 3-5-1., Par4raph C of Articb Vn rcquircs tlnl 'ltvery Ellc cnlity slntl bc rtspnsiblc for sll ruttcrt which appcar of rccord prior 10 0n tirrc of rccordi-ng x'henever dn tille entis crrn&rc$ t}e closing ard is respmible lirr ntnrdirry or l'rlit€ ot legbl docurrnts resultirg fiom llre t:nsaction which was ctosed'!. hovided dnt land fitle Guaraniee Oompanl' conducls t}c closiqg of lhc iruurcd lransaclion t'{r is rtspoosiblc for rccording thc legal drrununh lhm tbe bansaclior4 cxceplion mnrtrr 5 nill nrt appear on tbe {)wner's fide Policy ard the l-enden Policy when issued, Notu Alfinrralivr nrechanic's lirn puteclion lirr iln Owner may be availaHe (tyFc$ily try deletion of lkcegion m. 4 of Schedrle R, Section 2 of the Comrnitnent from the Ownet's Policy |o bc issmdl upon comdianec wilh llrc followirg condilions: A) The lard describd in Scbedile A of this conmritsncr* nmst be a si4le frrnily rcsiden:e w}ich inchdes a condominiurn or townhouse uniL B) No lnbor or r|'icriats havc bccn furrishcd by nrcchanics or firlcrial-nmn for purToscs of conshoctftrn on lhe lwd de.rcribed in Schedrle A of ftis Commihnt within lhe pa.st 6 nttnth;. Q The Company must rcceive an apprrpriate alfidavit initemifyirg dre Company againsl un-liled nrrchanic's and rmlcriai-mcn's licrrs. D) Tlre Limpmy rrxxt receiye papn€nt of lhe applrpriate peminnr. Ii] If there has been corrstlctioq improvercrls or major repain urdertalen on tr prperty iD be Frchased *ilhin six nonlh prior lo thc Dotc of lhc Corrmitmcng lhc rtquircarcnls 10 oUain covcra*c for uuecorded liem will irrhde: disclmrw of certain cru;trrlction informalio$ linancial idorrnalion as tro the seller, {he buikbr and or dre confactrE pcyment of flrc appropriale premium fully cxrcuM bdcmnily Agrrcrrnls s&dsfaclory lo thc company, an4 any addiuonal rcquircmcnls :ri mlry be )os\ary al'ter an rxmrination rf tlrc afilnxaid irforrnrlion b1' lhe Otmpan'', No covcragc will bc givcn urrlcr any circuns{arccs for lobor or malcrial for which thc inurcd hai codncted l'rrr or qreed trr pay. Noh- Pursuad lo CRS f 0-11-123, nol.icc ir hcrtiry givcn: Thir n[ice apflies t] owDeds grlicy conunifuienG; containing a mircral severance inshrurrd extepioq or excepliom, in Scledule R, Section 2. A) ftet tbcle is rccodcd evidcnce llut e mineral csbtc has bccn scvcr4 leagc4 or olhcftyi$c conveytd l'nrm tle s''udace estate ad that thert is a suhohntial lilelilxxrd lhat a tbfud party holds som€ orall inbrsst in oil. gsr other minerals, or g€othenrd erreqy in the pmpert-v; ard ts) lbal swh mincral cstatc muy ircIudc lhc dght !o mlcr and usc lftc propcrty wilhouL llrc srtrfale owrrr' $ peunission Nolhirg hcrcin corlairld *,il| bc dccmcd tro obligah tbc conparry to pmvidc any o[ llrc covcmgcs rcferrtd to l*rcin rudcss the ahlve cordiliom gre I'rrllv satidied. torm DlsqlgsultE O9,/07102 From Land Title (S9)Thu 06 May 2004 01:12:49 PM MDT Page 14 of 14o .IOINT N0TICE ()F PRIVACY POLICY Fiddity Nrtioml Ftnnncinl ()ronp <rf Cornpaniu9Chieago Tlllc Instuancr: Company and Land 'fitlc Guaranlcc Company .lulv 1' 20111 Wc rrcocnizc ard rtsmct llrc u-iracy cxmglatioru of lodav's corsurncn snd tbc $quircmcnls of apdicablc fcdcrol ad :+t t' orivrcv luws. Wi. ns$cvc Uat durtifu: vou ar+an' of dow wr Bsc rour rxm-nrl ic pcrsonrl idirrrurtion ("I'csrtnal lnforfueliorlL, "'vl lo whom it is discloscd'rvill fonn thc basis for a rc1sli6'xhid of lnit bclwccn us and tbc pruic th$] wc scfti. lltis ltivlry Shbmrnr pn)iidrs lhrl cxplan$tinn Wr n:scrvc thc rigtri t0 chungc this ltivucy Stat4rncnt fmm liII* b timc coGisknl-vilh Bpdimblc-privac-v laws. ln lhc coursc of our busiacss, wc may collccl Personal ln-lormalioo about you from lhc following 6ourccs: l'rorn aodicatioc; or olhcr fonrn wc rtcciyc lrom vou or vour oulhorizcd rtlxc*cnolivc; Inrm yiir tramactirrm wilh. orfnm lh scniccs irciq; pirrfrrrru,'d hy. us, rir lffiliatrs, or olhcn; .F'ruIn or.f,. intclmt wcb sitcs: !'nrrn tbr. puhlic rtr{|rdr nainEdncd by govomtrrnu|l untiticx tfiirt wc cilhcr oHain dinictly fn}{ryl tb(lsc cnlitics. oi fmm mr alfrliatcs or othcisl urd* !'nrm corriurrcr or otlcr rtplrting rge.nciui. Our Policicn Regarding tbe Prolection of the Confidentialily and Security of Your Personal Infmmation Wc nainlain nhvsicul. clcctrrnic ltrd DnKcdund safeuu:rd; &r Dn)t:ct your lDcniourl hformg$lm fnrm uruuthuiztd mccss or inkisioo Wc limit acccss ti Urc gcrsoml lifomnlioir ody 6 lhosc cmplo-rccs who nccd such acccss in crmmction willr providry Flduc[r or scrricc's !o you or f(]r otbcr lcgitimatc lxxitrcss puryxxrs. Our Polir:iec and Praclice*; Regarding t}e Sharing of Your Personal Information Wo rfidv sibani your lt'nionol Mornralion wilb our rffiIialcs, such u; insln:ur:r: corngrnict, agonhr urd ttlhtr rtal <surc s"cUlcsrrit scn'icc pmvidcrs, Wc also rnly discJosc y<iur Pcrsonal lnfonnaliori: * t0 agcDls, brokf,ft or rcpfficnlalivcs !o prrvidc you wilh ccnictt you bavc (qucslcd;* t<r tirird-pqriy cortactn* or-scnict pmi'iOcrs wbtr pnrvidc scwicrii ur prrf'rrrni marfir:lir4 or othcr functiori ori our bcharlf: ard* kr r*hers with whrrn wc cnlcr inlo |rint uarlcling 4rtcnrcnts frrr pn)dlrch^ rlr scrvicct lhrt r#c h(-'[('Yc you nny find of inlcrcsl ln additioq wc will disdosc your Pc$onal Idormalion whcn vou dirccl or grvc rr prcrnrissior, wbcn wc art rcquired bv llw kt do s{}. {}r whcD w0'seiDccl fntduloDt or criminat n:iivitir:s. }vt rrl"so nuldsdost vtrur I'cn;trnal Iiformslion whbn olhcnryisc ocnfuiftd br apolicablc privmv laws strh as, lor cxa;ndc, rr hcir disclosurc is mcdcd t> cnlorcc ow righls rrisi4 irut of an1 agrfiirx,d, tirn*rtion or rt'lationship rrith yiru Onc of ltrc iuDortut nsp.rnsitrilitius of son of uur affiliatcd cornpmics is lo ncurd d(run'nN in tht' ptl ic domain Such docuncnti na.v conlaia your Pcrsonal lnformalion - Right !o Acccss Your Pcrsonal Information und Abilily to Corrcct Errors Or Rcqucsl Changcs Or Dclction Ccrtaio slatcs afford .you th right to rcccss your Pcnooal Informa6on ard, urdcr ccrhin circumsaarrca, 10 frd o t to wl )m vour l'a.noial hfirnruition bri Dc'ci discftrs(d, A[,io. ccrtain statL{r rfTtrrd rou iht' dghl tr rt$xst corrcctio{ anrndmnl or dcletion of your Pcruooal Infonnation Wc rcscrvc ttrc .i-gtrt, whcrt pcrmiUid br law, 1o cbugc a ntw[u]lc frc tl c{rv.T tl$ c(,sts incurrtd in n'iF}ndiry trr such rcquctJh. A[ rc$rsls sulxrithd to thr ]idclity Nafional linnaiol Gmup of Compunics/Chicago litlc lrcurarrr Companl shall ht in writirg, ard dclivrn d to thc firllowirry uddrcsx Privacv Comdiame Offlcer f.id(.lilv llaudml liirrnncial. lrtc. 4050 Ctlh Red, Suit€ 22O Sarla ltarbara. CA 93 10 lllultiple Producls or Serviccs lf wc prvidc you wilh morc lhan onc linurciat Erdrrct orscruiccr you may rtccivc rnorc thatr onc privucv ooticc fn)m E; Wc apllogiz* filr arry irronvr:nirrr:r' lhis mry crur(. TorL +:1.rt+**:f,F*****************xr*****rr****t,F****r<***{<i<x***trkt<r.**r!x!rt{.*t!,trir.**x.*,t**************<**.!F{.tx< TOWN OF VAIL, COLORADO Statemsnt ********x******x*********************,t*+**,1.*++*,1.,1.******************** ***** *******r<*********1. Statement Number: R040005795 Amount: $t-,000.00 05/L0/200403:20 PM Pa)ment Method: Check Init : iIS Notation: #2123IDAYMER CORP Permit No: P8C040025 Type: PEC -Minor SDD Amendment Parce1 No: 2101082 03 0 03 Site Address: ]-OO E MEADOW DR VAII, I,OCAIION: ]-OO E MEADOW DRIVE Total Fees: $ 1-, 000.00 This Palment: $1,000.00 Total Ar,L Pmtss: $l-,000.00 Balance: 50.00 *:***********************************t ** * * * * * * * * 't:* * * * * * ** * * *1** * f**** * r. * * r. * {< 1< r. * *:1. * * * * * * * * * * * * 1. ACCOUNT ITEM LIST: Account Code Descriotion Current Pmls PV OO1OOOO31125OO PEC APPL]CATION FTTS 1 ,000.00 THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission bf the Town of Vail will hold a public hearing in accordance with Section 12-3-6, Vail Town Code, on June 14, 20Q4, at 2:00 PM in the Town of Vail Municipal Building, in consideration of: A request for final review of a variance from Chapter 14-4, Residential Fire Department Access Standards, Vail Town Code, to allow a structure not physically meeting the required access standards to not be sprinklered, located at2735 Snowberry Drive/Lot 12, Block 9, Vail lntermountain and setting forth details in regard thereto. Applicant: Dantas Builders, Inc., represented by Mauriello Planning Group, LLCPlanner: George Ruther A request for final review of a major amendment to a special development district (SDD) pursuant to Section 12-94-10, Amendment Procedures, Vail Town Code, to allow for a major amendment to Special Development District No. 21, Vail Plaza Hotel East, located at 100 East Meadow /Lot M, N, O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Daymer Corporation, represented by Zehren and Associates, Inc. Planner: George Ruther A final review of a conditional use permit pursuant to Chapter 1 2-16, Conditional Use Permits, Vail Town Code, to allow for a Type lll Employee Housing Unit (EHU), located at 4315 Spruce Way/Lot 6, Block 3, Bighorn Subdivision, and setting forth details in regard thereto. Applicant: Steve Fischer, represented by John G. Martin, Architect, LLC Planner: Clare Sloan A final review of a variance from Section 12-6H-6. Setbacks. Vail Town Code to allow for a residential addition within the setbacks, located at 483 Gore Creek Drive, Unit 58 (Texas Townhomes)/Lot 5, Vail Village Filing 4, and setting forth details in regard thereto. Applicant: Hawkwood, lnc., represented by Gwathmey, Pratt, Schultz Architects Planner: WarrenCampbell A final review of a conditional use permit pursuant to Section 12-7H4B, Permitted And Conditional Uses; Second Floor And Above, Vail Town Code, to allow for a temporary business office within the Vail Marriott Mountain Resort on the second floor, located at 715 West Llonshead Circle/Lots 4 & 7, Block 1, Vail Lionshead Filing 3 and Lots C & D, Morcus Subdivision, and setting forth details in regard thereto. Applicant Vail Corp., represented by Mauriello Planning Group, LLC Planner: WarrenCampbell The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479- 2356, Telephone for the Hearing lmpaired, for information. Published May 28, 2004, in the Vail Daily. Jim Lamont Vail VillageHOA P.O. Box 73 Redclifi CO 81649 /Qrt c Moellentine Land Co. LLC. 461 Fifth Ave. New Yorlq NIY 10017 Jeff Moellentine, President Alpine Standard 28 S. Frontage Road West Vail, CO 81657 f"Jfu#*) A""4 Qa^rc'-' g"'-Tlg AJ. Properties C7O Dtyer, Edmonds & Associates 355 Grand Avenue # 4150 Los Angeles, CA 90071 Jay Huffard I Maher Avenue Greenwicb" CT 06830-5617 DHL Real Estate Ted L€ach P.O. Box 2809 Edwards, CO 811632 Panl & Bonnie Zoeger AmericanDesigq LTD 70 S. Potomac Auror4 CO 80012 AndrewPinland Slifer Ivfanagement Co. Suire 360 143 E. MeadowDr. Vail, CO 81657 Kinney Johnson 1100 Homsilver Circle Vaq CO 81657 Red Sands Corp (A Rojas) Phase I&tr, Unit 330 100 E. Meadow Dr. Vail, CO 81657 LucMeyer Nico Vait Inc. P.O. Box 176 Vail, CO 81658 Sally llanlon Unh#4 385 Gore Creek Drive VaL CO 81657 Cowperthwaite & Co Vail Vrllage Inn Associates P.O. Box 61349 Denver- CO 80206 Jlm Gustafson 220 Bridge Street Vail, CO 81657 Patricia & Gerardo Scbroder 725 S.Bucr- St. APt. 603 Los Angeles, CA 90017 Jefery and Kayllanes 6420 We,nonga Terrace Shawnee b&ssion KS 66208 Claggett-Rey Gallery BinRqy Unit l0 100 East Meadow Drive Vail. CO 81657 ' Eagle, CO 81631-1557 Chris & Jennifer Anderson Alfred & Mary Baker Richard L. Liebhaber 103 Anemone Dr. 400 Circle Drive 44 West Meadow Drive Boulder, CO 80302 Denver, CO 80206 Vail, CO 81657 IvI/N{David Bruckmann' C/O Jarnes Newman Helmsing & Leach P.O.Box2767 Mobile. N-36652 lvl/lvf John Moores P.O. Box 728 DelMar. CA92014 N{/M Claus Fricke P.O. Box 1557 Javier Canales P.O.Box7717 Avon. CO 81620 N{/M John Gabriel P.O. Box 268 Paramus, NJ 07653 M/MHubert Wagner I 405 BontonaAvenue Ft. Lauderdale, FL 33301 Mr. Josef Staufer Town of Vail Staufer commercial c/o Finance Dept ililTtiftTt|o,:.,100 East Meadow Drivg #31 75 S. Frontage Road West Vail, Co 81657 Vail. Co 81657 lrowners urove' rL ourrr PUI-''. f lo C6d-/,1"^/h 4*"^'-' Mrs. Luis Romero Priv. San Isadro 44 Col. Reforrna Social, del Mguel 1i650ME)ilCO, D.F. MAd Cary Cordes 2'B' Trentino Road Turramurra" NSW 2074 Australia Judy Alexaader Phase III, Unit 109 100 East Meadow Drive Vail, CO 81657 M/Ir4MarvinFrank 2430 North Orchard Chicago, f- 60614 Charles M. Ilarmo4 Jr. Traditions L.P. 11380 Long Meadow Drive 'West Palm Be ach" W 33 4 1 4 M/]vI German Larrea Baj4 California 200 60 Piso, 06760 ME)ilCO, D.F. M/M Pedro Ramirez Q-3 Petunia Street Parque Santa Maria San Juan, Puerto Rico 00927 Lisa Jane Scheller 751 Benner Rd. AllentowrL PA 18104 M7IVI Tomas Zaragoza 5813 Diamond Point Cr. ElPaso, TX79912 fl&* -/rp Ir{lM Guseppe Cecchi i209 Aldebaran Drive Mcl-earl VA2210l Aa+ /ne4?4d &, - MA4Alfredo Chudraui Priv de Antonio Chedraui S/l'[ Col Encinal 91180 Xaiapa Veracruz, ME)ilCO Lublan S.A. (Antooio del Valle) CIO Banco de Internacional SA 437 Madison Avenue, l7t'Fl. New York. NY 10022 lvf/lvl Michael Glinsky 3200 Cherry Creek South Drive Suite 230 Denver, CO 80209 MiIvI William Johnson 375 IncaParkway Boulder, CO 80303 MA{KirkLighthafl 5293 West Oberlin Drive Denver, CO 80235 Geroca S.C. (Rojas,C) C/O Peak Properties 1000 Lions Ridge Loop, Ste. 34' Va[ CO 81657 MiI\{ Sylvan Tobin 101 Cheswold Lane Unit 5-D Haverford, PA 19041 Mr. Josef Staufer Staufer Commercial 100 East Meadow Drive #31 Vail, CO 81657 WI IO4 LLC 100 East Meadow Dr. Phase III, Unit 104, Vail CO 81657 Enchanted Mesa Exempt Corp. (Franco) C/O Fred Otto P.O. Box 3149 Vail CO 81657 Mr. DeaneHa[ Jr. 2000 East 12ft Avenue, Box 4 Denver, CO 80206 M[vI Robert Jones 268 Litchford Court St. Louis, MO 63141 M/tr4 Kenneth Nordling Mr. Edward Beadle ClO 4603 Annaway Drive Edina" MN 55436 Maefa S.A. de C.V. Cerrada del Castillo No. 5 Huixquilucan ME)ilCO M/IVI Joseph Weinstein 78 Joyce Street Plainview, NY 11803 Mr. WaldirPrado Daymer Corporation 12 Vail Rd. Ste. 200 Vail, CO 81657 SugarNotch LP Box479 2 Presfley Road Bridgwille, PA 15017 Charles R. Lipcon One Biscayne Tower Suite 2480 Miami, FL 33131 Greenauer Design P.O. Box 5963 Vail, CO 81657 Timberline Cornm Holdings lzVulRoad, Ste.600 Vail, CO 81657 Central Rockies Specialists, LI.C 12Vail,Road, Ste.300 Vail, CO 81657 White River Acquisition Corp. C/O Manual Martinez 905 Brickell Bay Dr. Ste. 230 I&ami BeachFL.3313l John Breyo 18 Summerfield Lane Saratoga Springs, NY 12866 Peter Knobel Vail, PBK LLC 392 M'Il Creek Circle Vail. CO 81557 Patricia Pceples &.Anthony Vangalis 12 Vail Road, Ste. 400 VaiL CO 81657 Vail Gateway, LLC 1,zYatlRoad, Ste.600 Vail. CO 81657 ]G-'l*,? 6t4 ' ry^J4-u David and Cynthia Sebold 7470 Tulip Court Chanhasseq MN 55317 Palmos Development 2725lis Avenue Boulder. CO 80304 Crreenauer Design P.O. Box 2879 Avon, CO 81620 H,Sts Investment Partners. LLC 12 Vail Road Ste. 500 Vail, CO 8165? KellyLikeq LLC 1351 Freeport Road Pittsburgh, PA 15238 q /a,/ d; /J"hA? &'r-- Dean GosperFamily Trust 106 St. Georges Rd. Toorak, Vtc/Lo'ia3l4? AUSTRALIA OynickFamily 8994 Wildlife l,oop sarasot4 w34238-400A VailFiveKLTD 303 Stratford Lane Laredo, TX 78041 Red Avalanche LLC C/O Vail Realty 302 Hanson Ranch Rd. Vail, CO 81657 Vail Associates LTD 6711 Monroe St. btAg. 4 Ste. A Svlvania^ OH43560 : Allison F. Butts 4523 Dorset Ave. Cherry Chase, MD 20815 Ruben Catan Vinterra Exempt Corp. c/o Elecom Supply Co. 3646 MdwayDr. San Diego, CL 92110-5201 M.K.M. LLC Paul Mourani 6091 Happy Canyon Dr. Englewood CO 80111 ThomasP. Walsh c/o Dakota King Inc. 3900 w. 53'o St. Sioux Falls, SD 57 106-4223 VPP NO. 15 Corporation C/O Daniel Aboumad Bosque de Amates 148 Bosque de Las Lomas ME)fiCO DF 77056 9 Vail Road C/O Martin Brotzman 11508 E. Wesley Ave. Auror4 CO 80014 Douglas & JoannaPolzin 7304 Inverway Dr. Village oflakewood, IL 60014-6614 Richard & Gwendolyn Scalpello P.O. Box 160 Vail, CO 81658 Pat Parrish 8642 GregoryWay Los Angeles, CA 90035 Ptarmigan Management Tom Saalfeld 62E. MeadowDr. Vail. CO 81657 Stwen and Susan N4arton 12858 Lamar Ave. Overland Parlq KS 66209 Jacqueline R Knepshield '6201 Elmwood Rd. Chevy Chase, MD 20815 Jan & Gary Scheimer 23,10 Oak Hills Dr. Colorado Springs, CO 80919 Frontier Mjusters Inc. 7100 E. Pleasant Valley Rd. Ste.260 Independence, ObI" 44131 An&es Banos C/O Vail Realty 302 Hanson Ranch Rd. Vail, CO 81657 Scott Bradshaw 4 13 0 La Jolla Village Dr. PMB # 107-125 LaJolla, C4922037 Iun & Dorothy McKnight 203 Country Club Dr. Sterling, CO 80751 Weiner, Paul Revocable Trust c./o Rhoda Kaplan 20345. Moline Way Auror4 CO 80014 TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission Community Development Department June 28. 2004 A request for final review of a major amendment to a special development district (SDD) pursuant to Section 12-9A-1 0, Amendment Procedures, Vail Town Code, to allow for a major amendment to Special Development District No. 6, Vail Plaza Hotel East, located at 100 East Meadow /Lot M, N, O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Daymer Corporation, represented by Zehren and Associates, Inc.Planner: George Ruther il. SUMMARY The applicant, Waldir Prado, d.b.a. Daymer Corporation, represented by Zehren and Associates, Inc., is requesting a final review of a major amendment to a special development district (SDD), pursuant to Section 12-94-1 0, Amendment Procedures, Vail Town Code, to allow for a major amendment to Special Development District No. 6, Vail Plaza Hotel East. The major amendment is intended to facilitate the redevelopment of Phase lV of the existing Vail Village lnn and allow for the construction of the Vail Plaza Hotel. The current proposal amends only Phase lV of the Vail Village lnn Plaza. No amendments are proposed to Phases l-lll or V of the Vail Village Inn. Staff believes that the proposal is in general compliance with the nine design criteria, as identified in Section Vl of this memorandum. DESCRIPTION OF THE REQUEST The applicant, Daymer Corporation, represented by Zehren and Associates, Inc., has submitted a development review application to the Town of Vail Community Development. The application is a request for a final review and recommendation of a proposed a major amendment, pursuant to Chapter 9 of the Town of Vail Zoning Regulation, to Special Development District No. 6, Vail Village Inn. The purpose of the major amendment is to amend the approved development plan for the site that was approved by the Vail Town Council on September 4,2001, pursuant to Ordinance No. 21, Series of 2001, allowing for the construction of the Vail Plaza Hotel in Phase lV of the District. Ordinance No. 21, Series of 2001, prescribes the development standards and adopted an approved development plan for the site, as required by Section 12-9A-6, Development Plan, Vail Town Code. According to the applicant's proposal, the development standards and approved development plan remain largely unchanged with this major amendment application. With the exception of minor revisions and refinements to the architecture of the building, the overall bulk, mass, height, scale, character and layout of the hotel above grade are unchanged. The more significant changes to the proposal are the reduction in the total number of parking spaces that will be provided and the realignment of the proposed vehicular access points to the hotel off of Vail Road and the South Frontage Road. The approximate total gross square footage of the new hotel is 319,237 square feet. The following is an approximate square footage breakdown of the various uses within the hotel; * 62,601 sq. ft. - fractional fee club units+ 5,150 sq. fL - condominium+ 36,173 sq. ft.- accommodation units* 6,733 sq. ft - employee housing units{. 5,965 sq. fL - restauranUretail+ 7,227 sq. ft - kitchen+ 12,821 sq. ft. - conference/meeting rooms+ 4,559 sq. ft. - spa/health club .1. 178,008 sq. ft.- common area (mechanical, maid closets, stairs/hallways, parking, office, lobby, etc.) 319,237 sq. ft. gross building square footage The applicant has identified what are believed to be public benefits which will be realized by the Town as a result of the Vail Plaza Hotel redevelopment. The public benefits associated with the hotel proposal are: r An increase in the annual occupancy rate through the redevelopment of an older, existing hotel.. The creation of approximately 12,821 square feet of new conference and meeting room facilities.. The implementation of the recommended Town of Vail Streetscape Master Plan improvements along Vail Road, the South Frontage Road and a portion of East Meadow Drive.. The re-investment and redevelopment of resort property in the Town of Vail.. The implementation of the development goals, objectives and policies adopted by the Town for the Vail Village lnn property.. A significant increase in the Town's supply of short-term, overnight accommodation to serve our guests and visitors.. The construction of a world-class "anchor'' hotel providing a highJevel of guest services and amenities.. A potentially sizeable annual contribution to the Town's declining sales tax revenue. A vicinity map illustrating the location of the proposed SDD amendment has been attached for reference (attachment A). A summary of the proposed amendments to the plans is outlined in a letter from Tim Losa, Zehren and Associates, Inc., dated May 6, 2004 (attachment B). ilt. A complete set of reduced plans has been attached for reference (attachment C). For comparative purposes, the Community Development Department has also completed an analysis comparing the 2004 proposal and the 2001approval. The purpose ofthe analysis is to provide a direct comparison of the 2004 proposal and the 2001approval. A copy of the Vail Plaza Hotel Proposal Comparison has been attached for reference (attachment D). BACKGROUND The following is a brief summary of the amendments to Special Development District No. 6 since the original adoption: . In 1976, the Vail Town Council passed Ordinance No.7, Series 1976, establishing Special Development Districts No. 6, Vail Village Inn, to ensure the unified and coordinated development of a critical site to the Town of Vail, as a whole, and in a manner suitable for the area in which it is situated. . In 1985, the Vail Town Council passed Ordinance No. 1 , Serles 1 985, providing certain amendments to the approved development plan for Special Development District No. 6. The amendments included a requirement for a minimum of 175 accommodation units and72,4O0 square feet of GRFA devoted entirely to accommodation units in Phase lV. . In 1987, the Vail Town Council passed Ordinance No.14, Series 1987, which amended and modified Section 8 relating to the allowed density of the development plan for Special Development District No. 6. This amendment broke Phase lV into two distinct phases, Phase lV and Phase V. This amendment established the maximum allowable GRFA for the entire District at approximately 120,000 square feet. Furthermore, the amendment reduced the minimum accommodation unit requirement to 148 units and 67,367 square feet of GRFA. . In 1989, the Vail Town Council passed Ordinance No. 24, Series of 1989, amending the density controls of the District. This amendment increased the allowable GRFA to 124,527 square feet and allowed Unit #30 to be created in a commercial space. The amendment maintained the previous approval requiring a minimum 148 accommodation units and 67,367 square feet of GRFA devoted to units in Phases lV and V. r In 1991, the Vail Town Council passed Ordinance No.9, Series 1991, providing for certain amendments to the approved development plan for Special Development District No. 6, which relates specifically to Phase lV. r 'ln 1992, the Vail Town Council passed Ordinance No. 2, Series 1992, allowing for modifications and amendments to various sections of Special Development District No. 6 which related directly to Phase lV, and which made certain changes to the approved development plan for Special Development District No. 6 as they relate to Phase lV. In 2000, the Vail Town Council passed Ordinance No. 1, an ordinance adopting an approved development plan for Special Development District No. 6, Vail Village Inn, Phase lV, to allow the construction of the Vail Plaza Hotel. The hotel is a mixed-use development including residential, commercial and recreational uses. According to the approved development plan, the applicant is allowed to construct 99 new accommodation units (hotel rooms) ranging in size from approximately 350 sq. ft. to 370 sq. ft. per unit, 50 parttime fractional fee club units, 18 employee housing units (38 beds) and 1 free-market condominium. The fractional fee club units are considered part-time units, since during the summer months the hotel will retain ownership of the units to rent as shortterm accommodation units, and then during the winter months (approximately 24 weeks per year) the units will be sold as fractional fee club units. The Vail Plaza Hotel also includes two restaurants, 4,047 square feet of accessory retail located within the hotel and along the plaza, a 15,338 square foot conference facility, a 24,799 square foot full-service spa and health club facility and approximately 249 new underground parking spaces. Again, in 2000, the Vail Town Council passed Ordinance No. 4, Series of 2000, an ordinance repealing Ordinance No. 1, Series of 2000, and enacting Ordinance No. 4, Series of 2000, adopting a revised approved development plan for Special Development District No. 6, Vail Village Inn, Phase lV, to allow the construction of the Vail Plaza Hotel. The purpose of Ordinance No. 4 was to allow for one foot of additional building height to permit the construction of housing for 38 employees on the site. In 2001, the Vail Town Council passed Ordinance No. 21, Series of 2001, an ordinance adopting a revised approved development plan for Special Development District No. 6, Vail Village lnn, Phase lV, to allow for the construction of the Vail Plaza Hotel. Daymer Corporation submitted a new application for a major amendment to Special Development District No. 6 in response to an alleged error in the public notification of a previously held public hearing. The adoption of Ordinance No. 21 resolved the alleged erors in public notification. Ordinance No. 21 and Ordinance No. 4 were virtually identical in terms of the entitlements granted by each. In 2003, the Vail Town Council passed Ordinance No. 7, Series of 2003, an ordinance amending Ordinance No. 21, Series of 2001, Section 6, approval expiration: time limitations, Special Development District No. 6, Vail Village Inn, to allow for a three-year time limitation on the expiration of the approval of Ordinance No. 21, Series of 2001. In passing Ordinance No. 7, Series of 2003, the Vail Town Council extended the expiration date of the approved development plan for the Vail Plaza Hotelto September 4,2004. Pursuant to the entitlements granted by Ordinance No. 21, Series of 2001, the existing hotel and restaurant are proposed to be demolished to allow for the new construction of the Vail Plaza Hotel. The hotel is approved to be a mixed-use development including residential, commercial and recreational uses. The applicant is approved to construct 99 new accommodation units (hotel rooms) ranging in size from approximately 350 sq. fi. to 370 sq. ft. per unit, 50 part-time fractional fee club units, 18 employee housing units (38 beds) and 1 free-market condominium. The fractional fee club units are considered part-time units, since during the summer months the hotel will retain ownership of the units to rent as short-term accommodation units, and then during the winter months (approximately 24 weeks per year) the units will be sold as fractional fee club units. The Vail Plaza Hotel also includes two restaurants, 4,O17 square feet of accessory retail located within the hotel andalongtheplaza,,a l5,333squarefootconferencefacility, a24,799 square foot full-service spa and health club facility and approximately 249 new underground parking spaces. The approximate total gross square footage of the new hotel is 379,857 square feet. The following is an approximate square footage breakdown of the various uses approved within the hotel: * 62,816 sq. ft. - fractional fee club units* 5,499 sq. ft. - condominium* 35,8'18 sq. ft. - accommodation units+ 6,332 sq. ft. - employee housing units.:' 8,375 sq. ft. - restauranVretail+ 15,130 sq.ft.- conference/meeting rooms* 24,817 sq.ft.- spa/health club+ 221,070 sq. ft. - common area (mechanical, maid closets, stairs/hallways, parking, office, lobby, etc.) 379,857 sq. ft. gross building square footage On June 14,2004, the Town of Vail Planning & Environmental Commission held a public hearing to consider an application for a major amendment to Special Development District #6, Vail Plaza Hotel. Upon consideration of the application, the Commission voted unanimously to table the final review of a recommendation to the Town Council until June 28,2004. In considering the application, the Commission raised the following questions: 1) How many parking spaces are required for all of Special Development District No. 6? (75 space deficit plus existing spaces)2) How many parking spaces are required for the Vail Plaza Hotel only? (250 spaces)3) Can the Developer verify ownership of the parking spaces located within the Special Development District but not within the development area of Phase lV?4) Demonstrate how the loading delivery facility located in the Vail Plaza Hotel can be physically connected to provide loading and delivery capabilities for the entire Special Development District. The following is a summary of the existing phases and development within the Vail Village Inn Special Development District: Phase | - This phase consists of the buildings located at the southeast corner of the District. Phase I includes two residential dwelling unit approximately 6,059 square feet in size and nine commercial/retail spaces. lv. Phase ll - This phase consists of three residential dwelling units totaling approximately 3,492 square feet in size and three commercial/retail spaces. Phase ll is generally located in the center of the District. Phase lll - This Phase consists of twenty-nine residential dwelling units totaling approximately 44,830 square feet in size and six commercial/retail spaces. Phase lll is located at the northeast comer of the District. Phase lV - This is the original and oldest Phase in the District. This Phase consists of one residential dwelling unit approximately 5,000 square feet in size and seventy-two accommodation units comprising approximately 16,585 square feet of floor area. Phase lV is generally located in the northwest corner of the District. Phase V - This Phase consists of eleven residential dwelling units and three accommodation units totaling approximately 9,972 square feet of floor area and four commercial/retail spaces. Phase V is located in the southwest comer of the District at the intersection of Vail Road and East Meadow Drive. APPLICABLE PLANNING DOCUMENTS Zoning Regulations According to the Official Town of Vail Zoning Map, the applicant's properg is zoned Public Accommodation. Pursuant to the Town of Vail Municipal Code, the Public Accommodation Zone district is intended, " to provide sites for lodges and residential accommodations for visitors, together with such public and semi-public facilities and limited professional offices, medical facilities, private recreation, and related visitor oriented uses as may appropiately be located in the same district. The Public Accommodation District is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge uses, and to maintain the desirable resoft qualities of the Distict by establishing appropriate site development standards. Additional nonresidential uses are permitted as conditional uses which enhance the nature of Vail as a winter and summer recreation and vacation community, and where permitted are intended to function compatibly with the high density lodging character of the District." The Public Accommodation Zone District is intended to provide sites for lodging units with densities not to exceed 25 dwelling units per acre. The Public Accommodation Zone District, priorto January 21,1997, did not permit interval ownership. On January 21 , 1997 , the Town Council adopted regulations allowing interval ownership subject to the issuance of a conditional use permit. Previously, interval ownership was only allowed as a conditional use in the High Density Multi-family Zone District. On October 5, 1999, the Vail Town Council approved Ordinance No. 23, Series of 1999, amending the development standards prescribed in the Public Accommodation Zone V- District. The amendments included an increase in allowable GRFA up to 150%, an increase in site coverage, the elimination of AU's and FFU's in the calculation of density, revised setback requirements, and other various aspects in the development of properties zoned Public Accommodation. The allowable building height, landscape area and limitation on commercial square footage remained unchanged. ZONING ANALYSIS The development standards for a Special Development District shall be proposed by the applicant. Development standards including lot area, site dimensions, setbacks, height, density control, site coverage, landscaping and parking and loading shall be determined by the Town Council as part of the approved development plan, with consideration of the recommendations of the Planning and Environmental Commission. Before the Town Council approves development standards that deviate from the underlying zone district, it shall be determined that such deviations provide benefits to the Town that outweigh the effects of such deviations. This determination is to be made based upon the evaluation of the proposed Special Development District's compliance with the Review Criteria outlined in the following section of this memorandum. The Community Development Department staff has prepared a zoning analysis for the proposed major amendment. The Vail Plaza Hotel Zoning Analysis compares the development standards permitted in the Public Accommodation Zone District and the 2001 approved amendment to the 2004 major amendment proposal. lt is important to note that the comparison is based on the entire area of the Special Development District. A copy of the Vail Plaza Hotel Zoninq Analysis, dated June 14, 2004, has been attached for reference (attachment E). THE SPECIAL DEVELOPMENT DISTRICT MAJOR AMENDMENT PROCESS Chapter 12-9 of the Town Code provides for the amendment of existing Special Development Districts in the Town of Vail. According to Section 12-gA-1 , the purpose of a Special Development District is, "To encourage flexibility and creativity in the development of land, in order to promote its most appropriate use; to improve the design character and quality of the new development within the Town; to facilitate the adequate and economical provision of sfreefs and utilities; to preserue the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Development Distict, in conjunction with the propefties undeflying zone district, shall establish the requirements for guiding development and uses of property included in the Special Development Distict." According to Section 12-9A-2, a major amendment to a Special Development District is defined as, vt. "Any proposal to change uses; increase gross residential floorarea; A. change the number of dwelling or accommodation units; modify, enlarge or expand any approved special development district (other than "minor amendments" as defined in this Section), except as provided under Sections 12-154, "lnterior Conversions", or 1 2-15-5, "Gross Residential Floor Area (250 Ordinance)" of this Title." The Town Code provides a framework for the amendment of a Special Development District. According to the Town Code, prior to site preparation, building construction, or other improvements to land within a Special Development District, there shall be an approved development plan for the Special Development District. The approved development plan establishes requirements regulating development, uses and activity within the Special Development District. Upon final review of a proposed major amendment of an existing Special Development District, a report from the Planning and Environmental Commission stating its findings and recommendations and a staff report shall be forwarded to the Town Council, in accordance with the provisions listed in Section 12-16-6 of the Town Code. The Town Council's consideration of the Special Development District shall be in accordance with the provisions of the Town Code and approved by two readings of an ordinance. An approved development plan is the principal document in guiding the development, uses, and activities of the Special Development District. The development plan shall contain all relevant material and information necessary to establish the parameters with which the Special Development District shall adhere. The development plan may consist of, but not be limited to: the approved site plan; floor plans, building sections, and elevations: vicinity plan; parking plan; preliminary open space/landscape plan, densities; and permitted, conditional, and accessory uses. The determination of permitted, conditional and accessory uses shall be made by the Planning and Environmental Commission and Town Council as part of the formal review of the proposed development plan. Unless further restricted through the review of the proposed Special Development District, permitted, conditional and accessory uses shall be limited to those permitted, conditional and accessory uses in the property's underlying zone district. The Town Code provides nine design criteria, which shall be used as the principal criteria in evaluating the merits of the proposed major amendment to a Special Development District. lt shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. The nine sDD review criteria are listed below: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. The architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation of the hotel remain largely unchanged as a result of the proposed major amendment. The greatest impact to the building's bulk and mass is a net reduction of over 59,000 square feet of building area. The reduction in square footage is a result of the elimination of surplus parking spaces on the lowest level of the hotel and reductions in the restaurant and retail spaces, conference facilities and spa & health club areas. B. The Vail Plaza Hotel exterior building materials remain a mixture of stone, stucco and wood. The roof material is proposed to be a terra cotta colored concrete tile with copper flashing. The applicant has proposed to incorporate irrigated flower boxes and copper chimney caps into the design of the hotel to serve as attractive accent elements. A grayish-brown granite stone will be used around the base of the building. The use of non-reflective glazed windows all around the building reduces the potential of unwanted glare. The applicant has proposed that the exterior stucco color be an off-white or cream color to blend in with the exteriors of the buildings on the adjoining properties. Staff believes that the combination of building materials proposed has been well incorporated into the design of the Vail Plaza Hotel. The Town of Vail Design Review Board conceptually reviewed the building's exterior design at a public hearing on June 2nd, and with the exception of a few minor recommendations regarding window trim, transitions between buildings, and roof top mechanical equipment screening, was supportive of the revised proposal. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The Vail Plaza Hotel is approved to be a mixed-use type of development. The mixture of uses includes commercial, lodging, recreational and residential. Staff believes the proposed mixture of uses and its proximity to both Vail Village and Lionshead remains consistent with the intended purpose of the underlying zoning of Public Accommodation and in keeping with the intent of Vail Land Use Plan. Further, staff continues to believe that the proposed uses within the Vail Plaza Hotel will compliment those existing uses and activities on surrounding and adjacent properties. The proposed density of the hotel and the presence of the conference facilities will improve and enhance the viability and success of the existing restaurant and retail businesses in the immediate area. The applicant is continuing to provide housing for 38 employees on the hotel site. overall, staff believes that the density and uses proposed by the applicant for the Vail Plaza Hotel do not conflict with the compatibility, efficiency or workability of the surrounding uses and activities on adjacent properties. In fact, staff continues to feel that the proposed Vail Plaza Hotel redevelopment will substantially enhance the existing uses and activities in the community. compliance with parking and loading requirements as outlined in chapter 12-10 of the Vail Town Gode. The Vail Plaza Hotel major amendment proposal has been reviewed for compliance with the parking and loading requirements, as amended and prescribed in chapter 12-1e, of the Vail rown code. The applicant is proposing to provide a total of 250 parking spaces. Included in the number of spaces that the applicant is proposing to provide is 75 parking spaces which are currently in deficit within the Special Development District. The Vail Plaza Hotel has proposed a centralized loading facility for the hotel and surrounding uses within the special development district. Pursuant to the prescribed loading regulations, five loading berths are required to be provided. To insure compliance with the applicable regulation the applicant is proposing to provide five , loading berths within an enclosed facility. Vehicular access to the facility is taken from the South Frontage Road. The design of the access creates forward-in and fonivard-out traffic flow and provides adequate maneuvering and turning space within the lot lines of the development site. The flow of traffic on the South Frontage Road will not be impeded by the maneuvering of delivery vehicles. Furthermore, pursuant to the prescribed q c. regulations, the loading facility will not be located in the required setback, nor will it block access to the parking spaces within the Phase lll Condominium Building. Lastly, the five loading berths more than adequately meet the size requirements (12' x24'x 14') ouflined in the regulations. Upon review of the proposed parking and loading/delivery plan for the Vail Plaza Hotel, the staff finds that the proposal may meet the intent of the Town's parking requirements and exceeds the loading and delivery requirements. A final determination of the proposed parking and loading/delivery adequacy can be made by the staff once the applicant has addressed the issues outlined in the memorandum from the Public Works Department, dated June 7,2004. We believe in the end that given the proposed and existing uses within the district, the proximity of the development site to the Vail Transportation Center, the immediate availability of public transportation and recent trends in destination resort travel, the proposed parking spaces will adequately provide for the needs of District. Additionally, in a recent parking study undertaken by the Town of Vail, the consultant working with the Town recommended a significant reduction in the required number of parking spaces for fractional fee club units. The reduction has been recommended as the use of the club unit is more similar to the use of an accommodation unit. The maximum parking space requirement for an accommodation units is one space, regardless of size. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. Vail Land Use Plan (in part) The Vail Land Use Plan map and the goal statements are intended to serve as the primary focus for the review of development proposals, along with rown ordinances and regulations. Any project should be reviewed within the context of the intent of the overall Plan Document. The Land Use Plan is intended to provide a general framework to guide decision making but is not intended to be regulatory in nature. The goals contained in the Vail Land Use Plan are to be used as the Town's policy guidelines during the review process for a major amendment to an existing special development district. According to the Vail Land Use Plan, the proposed hotel redevelopment site is located within the Vail Village Area. According to the prescribed key goals of the Vail Land Use Plan for the Vail Village Area, in part, Commercial grovvth should be concentrated primarity in existing commercia! areas to accommodate both local and visitor needs, and New hotels should continue to be located pimarily in the Viltage and Lionshead areas, and Increased density for commercial, residential and todging uses in the Core areas would be acceptable so long as the existing character of each area is being preserved. staff has reviewed the Vail Land Use Plan and believes the following policies are relevant to the review of this proposal: 10 1. GeneralGrowth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water, and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgrade whenever possible. 1.4 The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill). 3. Gommercial 3.1 The hotel bed base should be preserved and used more efficiently. 3.2 The Village and Lionshead are the best location for hotels to serve the future needs of the destination skier. 3.3 Hotels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 4. Villaqe Core/Lionshead 4.1 Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved through the implementation of the Urban Design Guide Plan and the Vail Village Master Plan. 5. Residential 5.1 Quality timeshare units should be accommodated to help keep occupancy rates up. 5.2 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 11 The Vail Land Use Plan projects a need for additional lodging units in the Town of Vail. While the statistical information used to prcject need is most likely outdated, staff believes there continues to be a need for additional lodging units in the Town of Vail. The Plan projected a need for a total of 395 additional lodging units by the year 2000. Staff believes the proposed major amendment of Special Development District No. 6 meets the intent, goals, and policies of the Vail Land Use Plan as outlined above. Vail Villaqe Master Plan According to the Vail Village Master Plan, the Plan is intended to serve as a guide to the staff, review boards and the Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with the development. The most significant elements of the Master Plan are the goals, objectives, policies and action steps. They are the working tools of the Master Plan. They establish the broad framework and vision, but also layout the specific policies and action steps that will be used to implement the Plan. As noted on page 35 of the Master Plan, "ft is impoftant to note that the likelihood of project approval will be greatest for those proposals that can fullycomply with the Vail Village Master Plan.,, Staff believes this statement re-emphasizes that the Master Plan is a general document providing advisory guidelines to aid the Town in analyzing development proposals and that 100% compliance is not required in order for a project to be approved. The staff has identified the following goals, objectives and policies as being relevant to this proposal: Goal #l Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of communitlr and identity, 1.1 Obiective: lmplement a consistent Development Review Process to reinforce the character of the Village. 1 .1 . 1 Policv: Development and improvement projects approved in the Village shall be consistent with the goals, objectives, policies and design considerations as outlined in the Vail Village Master Plan and Urban Design Guide Plan. 1.2 Obiective: Encourage the upgrading and redevelopment of residential and commercial facilities. 1.2.1 Policv: Additional development may be allowed as identified by the action plan as is consistent with the Vail Village Master Plan and Urban Design Guide plan. L2 1.3 Obiective: Enhance new development and redevelopment through public improvements done by private developers working in cooperation with the Town. 1.3.1 Policv: Public improvements shall be developed with the participation of the private sector working with the Town. Goal#2 To foster a strong tourist industry and promote year-round economic health and viability for the Vitlage and for the community as a whole. 2.1 Obiective:Recognize the varieg of land uses found in the 10 sub- areas throughout the Village and allow for development that is compatible with these established land use patterns. 2.3 Obiective: Increase the number of residential units available for short- term, ovemight accommodations. 2.3.1 Policv: The development of short-term accommodation units is strongly encouraged. Residential units that are developed above existing density levels are required to be designed or managed in a manner that makes them available for short-term overnight rental. 2.4 Obiective:Encourage the development of a variety of new commercial activities where compatible with existing land uses. 2.5 Obiective: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. 2 5 1 Po| icv: fiff i,", :: :ffi ffi:T'ffi#llH""H,',"rX' b[::l]Jj. and enhanced as a part ofany redevelopment of lodging properties. 2.6 Obiective: Encourage the development of affordable housing units through the efforts of the private sector. 2.6.1 Policv: Employee housing units may be required as part of il:,H:,:1:"J:J?;::X,fl ??:'"fi Suestinodensitv Goal #3 To recognize as a top priority the enhancement of the walking experience throughout the Village. Physically improve the existing pedestrian ways by landscaping and other improvements. 3.1 Obiective: -LJ 3.'l .1 Policv: Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways. 3.1.3 Policy: Flowers, trees, water features and other landscaping shall be encouraged throughout the Town in locations adjacent to, or visible from, public areas. 3.2 Obiective: Minimize the amount of vehicular traffic in the Village to the greatest extent possible. 3.2.1 Policv: Vehicular traffic will be eliminated or reduced to absolutely minimal necessary levels in the pedestrianized areas of the Village. 3.4Obiective: Developadditionalsidewalks,pedestrian-onlywalkways and accessible green space areas, including pocket parks and stream access. 3.4.2 Policv: Private development projects shall be required to incorporate new sidewalks along streets adjacent to the project as designated in the VailVillage Master Plan and/or Recreation Trails Master Plan. Goal #4 To preserue existing open space areas and expand green space opportunities. 4.1 Obiective: lmprove existing open space areas and create new plazas with green space and pocket parks. Recognize the different roles of each type of open space in forming the overall fabric of the Village. 4.1.4 Policv: Open space improvements, including the addition ofaccessible green space as described or graphically shown in the Vail Village Master Plan and/or Urban Design Guide Plan, will be required in conjunction with private infill or redevelopment projects. Goal #5 Increase and improve the capacity, efficiency and aesthetics of the transportation and circulation system throughout the Village. 5.1 Obiective: Meet parking demands with public and private parking facilities. 5 1 1 Po'|icv: 5:ffi5'.:ff"J:iJi2:'ff'J;"ffi?::i.::i5ffi,'".J" shall be provided (rather than paying into the parking fund) to meet any additional parking 1i demand as required by the Zoning Code. 5.1.5 Policv: Redevelopment projects shall be strongly :ff :::?"Ti".i'[vide unde rsrou nd or visuar rv Goal #6 To insure the continued improvement of the vital operational elements of the Village. 6.1 Obiective: Provide service and delivery facilities for existing and new development. 1. URBAN DESIGN GONSIDEMTIONS {in partl These considerations relate to general, large-scale land use planning issues, as well as form considerations which affect more than one property or even whole areas. These considerations are primarily the purview of the Planning and Environmental Commission. B. VEHICLE PENETMTION To minimize congestion to the extent possible, all non-resident traffic should be routed along the Frontage Road to Vail Village/Lionshead parking Structures. In conjunction with pedestrianization objectives, major emphasis is focused upon reducing auto penetration into the center of the Village. Vail Road and Vail Valley Drive will continue to serve as major routes for service and resident access to the Village. Road constrictions, traffic circles, signage, and other measures are indicated in the Guide Plans to visually and physically discourage all but essential vehicle penetration upon the Frontage Road. Alternative access points and private parking relocation, where feasible, should be considered to further reduce traffic conflicts in the Village. . StaffResponse; The redevelopment of the Vail Plaza Hotel will increase vehiculartraffic in the Main Vail Roundabout and on Vail Road. As a condition of approval pursuant to Ordinance No. 21 , Series of 2001 , the applicant is obligated to construct improvements to the South Frontage Road and Vail Road. Due to the net reduction in the various uses on the development staff anticipates a minimal reduction in vehicte tips. The minimal reduction in trips does not alter the traffic improvements required of the developer. Staff feels the applicant has addressed traffrb rssues to the extent posslb/e. F. BUILDING HEIGHT Vail Village is perceived as a mix of two and three story facades, although there are also four and five story buildings. The mix of building heights gives variety to the street, which is desirable. The height criteria are intended to encourage height in massing variety and to discourage uniform building heights along the street. r SlaffResponse: 15 F. No changes to the allowable building height are proposed, nor should any be approved. H. SERVICE AND DELIVERY Any building expansion should preserve the functions of existing service alleys. The few service alleys that exist in the village are extremely important to minimizing vehicle congestion on pedestrian ways. The use of, and vehicular access to, those alleys should not be eliminated except where functional alternatives are not provided. In all new and remodeled construction, delivery which avoids or reduces impacts on pedestrian ways should be explored; and adopted whenever practical, for immediate or future use. Rear access, basement and below ground delivery corridors reduce congestion. Weather protection increases delivery efficiency substantially. Below grade delivery corridors are found in a few buildings in Vail Village (SitzmarUGore Creek Plaza, Village Center, Vail Village Inn). Consideration should be given to extending these corridors, where feasible, and the creation of new ones. As buildings are constructed or remodeled, the opportunity may exist to develop segments of a future system. . SfaffResponse: Through the course of sfaffs oiginal review of the vail Plaza Hotel redevelopment proposal, several loading and delivery options were explored. The applicant had oiginally proposed to provide far fewer befths than whatthe cunent approval requires. The current approval requires fue berths. The five berths witt be able to be utilized by the entire vail village lnn Plaza and are connected via a series of elevators and below grade service areas. The service areas are tocated away from areas of major pedestrian activity. The main service area is adjacent to the south Frontage Road in an enclosed facility. The centralized approach to this facility is unprecedented in vail. The applicant has redesigned and reconfigured the entry to the loading and delivery area of the building. While there appears to be several advantages to the new design, staff recommends that the developer addresses fhe i3 issues identified in the memorandum from The Town of vail public works Depaftment, dated Jltne 7, 2004, prior to receiving a final recommendation from the ptanning and Environmental Commission for this major amendment application. ldentification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed_ According to the Official Town of Vail Hazard maps the Vail Plaza Hotel development site is not located in any geologically sensitive areas or the 100-year floodplain. site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The.site plan, building design and location, and the open space provisions designed to produce a functional development responsive and sensitive to natural features, 16 G. vegetation and overall aesthetic quality of the community remain largely unchanged with this major amendment. The most significant changes to the site plan includes the following two aspects; 1) vehicular access to the site from Vail Road, and 2) the design and layout of the outdoor pool area. Vehicular access is now limited to one point of ingress/egress with the resulting necessary vehicular circulation occurring within the property lines. As approved, two curb cut were to be provided on Vail; one for ingress to the porte cochere and underground parking structure and a second for exiting the property. overall, staff believes that the proposed major amendment complies with the criteria as outlined above. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. The redesigned on-site/off-site vehicular and pedestrian circulation system design has been discussed in great detail. The Board and Commission centered their discussions on providing adequate pedestrian and vehicular access to & from and within the development site. In response to the concerns, the applicant has redesigned many areas of the plan. The pedestrian areas include the pedestrian connection through the hotel to the Gateway Building, the alleyway spaces between the hotel and phases lll & V, the plaza area south of the hotel, and the pedestrian link from the hotel entrances to the new bus stop on East Meadow Drive. The vehicular areas included providing adequate turning and maneuvering area at the porte cochere, the entrance only and exit only driveway locations on Vail Road and the entering and exiting design of the loading/ delivery facility. Pursuant to the submittal requirements for the previous major amendment request, the applicant was required to submit a Traffic Report. A Traffic Report was prepared by the traffic consulting firm of Felsburg, Holt & Ullevig. The purpose of the report was to evaluate the impacts of the hotel development and the proposed traffic pattern circulation on the Town's street system. This report was used by staff to analyze traffic impacts of this project. ln summary the transportation engineers found that the proposed vehicular circulation system is reasonable and appropriate. lt is believed that through minor mitigation measures such as signage and an "enter only/exit only" design the traffic impacts and safety concerns of the Town can be resolved. overall, staff believes that with several minor changes and revisions to the plans, the proposal meets the criteria of providing adequate on-site and off-site vehicular and pedestrian circulation systems. Again, however, staff recommends that the developer addresses the 13 issues identified in the memorandum from The Town of Vail pubiic works Department, dated June 7, 2004, prior to receiving a final recommendation from the Planning and Environmental commission for this major amendment application. Functional and aesthetic landscaping and open space in order to optimize and preserye natural features, recreation, views and functions. Since the adoption of the approved development plan the applicant has submitted a final landscape plan to the Town of Vail Community Development Department for review and approval of the plan by the Design Review Board. H. r'7 vt1. Staff believes that the landscape improvements proposed will be beneficial to the quality of the landscaping in both the public and private spaces in the vicinity of the hotel. Through the implementation of the Town of Vail streetscape Master plan, a portion of East Meadow Drive will be enhanced aesthetically. The improvements will include new heated brick paver walkways, the completion of the bus stop, updated streetscape lighting, and wider pedestrian walkways and stairs. The landscape elements of the proposal have been reviewed on a conceptual basis by the Town of Vail Design Review Board. Upon review of the proposal the Board has voiced a favorable response to the applicant. A final landscape plan shall be reviewed and approved by the Design Review Board prior to the issuance of a building permit. The design of the plaza area south of the hotel is consistent the previous direction and intent of the overall development of the District. The creation of the plaza, with the associated pool area, landscaping, outdoor caf6, pedestrian walkways and retail store fronts complies with the guidelines of the open Space Plan, an element of the Vail Village Master Plan. Pursuant to the Open Space Plan, the area south of the hotel and interior to the development is intended to be a public plaza with greenspace opportunities. Staff believes that based upon the sun/shade analysis prepared by the applicant, the plaza area will receive adequate amounts of sun light throughout the year. The access to sun light will insure a pleasant, useable plaza area in the Town. The proposed pool and hot tub deck area is intended to address the recreational needs of the District. The use of these recreational amenities will be made available to the owners of property within the District. The new pool will replace the existing pool on the Phase lV development site and will insure consistency with the general direction of the Open space Plan. Overall, staff believes that the proposal complies with this criteria. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special devetopment district. f n accordance with ordinance No. 21, series of 2001, section s, in part, '...the phasing of the construction of the hotel shall not be permitted.", the applicant is not requesting - approval to phase the construction project. A construction staging plan will be required at the time of building permit issuance. The plan will be reviewed to maximize the workable and functional relationship between the redevelopment of the hotel and the existing uses, structures and traffic systems in the vicinity of the development site. The goal of the plan will be maximize the efficiency of the construction process and to minimize the negative impacts inherent to major construction projects. OUTSTANDING TSSUES on June 14,2004, staff identified a number of outstanding issues that needed to be addressed by the applicant. Staff was recommending that each of the issues identified in this section of the memorandum be addressed by the applicant prior to the Planning and Environmental Commission forwarding a recommendation to the Vail Town Councifon the proposed major amendment. Included in the list of issues were several of the existing conditions of approval, as ouflined in section 5, ordinance No. 21, series of 18 2001 . Since June 14th the applicant has addressed a number of the outstanding issues to the satisfaction of the staff. Those issues are identified in rtalrcs below. . That the Developer submits a detailed final landscape plan and final architectural etevations for review and approval of the Town of Vail Design Review Board, prior to application for a building permit. c That the Developer submits a complete set of plans to the Colorado Depaftment of Transpoftation for review and approvalof an access permit. t That the Developer submits a final exterior buitding materials tist, a typicat wall secfions, architectural details and a complete color rendering for review and approvat of the Design Review Board. : That the Developer submits a roof-top mechanical equipment plan for review and approval of the Design Review Board. All roof-top mechanical equipment shall be incorporated into the overall design of the hotel and enclosed and screened from publicview. . That the Developer studies and redesigns the entrance on the nofth side of the hotet across fram the entrance to the Gateway Building to create a more inviting entrance or a design that redirects pedestrians to another entrance. The finat design shall be reviewed and approved by the Design Review Board. . That the Developer revises the proposed floor ptans for the Vait Ptaza Hotel to provide freight elevatoraccess to the lowest level of the parking structure. The revised plans shall be submitted to the Town of Vail Community Development Depaftment for review and approval pior to the issuance of a buitding permit. t That the Developer redesigns the proposed elevator tower to create an architectural feature atop the tower and revises the proposed buitding elevations and roof plan, prior to final review of the proposal by the Design Review Board. The Board shall review and approve the revised desrgrn. . That the Developer submits a witten lefter of approval from adjacent propefties whose property is being encroached upon by ceftain improvements resutting from the construction of the hotel, pior to the issuance of a building permit. c That the Developer addresses fhe rssues identified by the Community Development Department as red-lined revlsrbns on the proposed major amendment apptication submiftal plans. VIII. STAFFRECOMMENDATION The Community Development Department is recommending that the Planning and Environmental Commission fonruards a recommendation of approval of the request for a major amendment to Special Development District li6 to allow for redevelopment of Phase lV of the Vail Village Inn to the Vail Town Counci. Staffs recommendation is based upon the review of the criteria outlined in Sections V & Vl of this memorandum and the completed list of outstanding issues outlined in Section Vll of this memorandum. I9 Staff believes that the proposal is in general compliance with the nine design criteria, as identified in this memorandum. ln reviewing the proposal, staff identified a number of pros and cons that we believe are associated with the amended hotel proposal. The list includes, but is not limited to, the following: PROS . The presence of economic redevelopment in Vail.r An increase to the Town's supply of hotel beds and an increased level of quality.. The implementation of the Town's development goals, objectives, and policies.. The creation of new, deed restricted employee housing to offset the housing impacts associated with the hotel.. The elimination of an unsightly surface parking lot.. The completion of the final phase of the Vail Village Inn Special Development District.r The construction of new conference and meeting room facilities within the Town.. The construction of public improvements funded with private dollars.r The potential increases in sales tax revenue.. An increased amount of public open space.. An improved and updated loading/delivery facility which is relocated from Vail Road.r The provision of 18 on-site employee housing units. CONS . Increased vehicular traffic on Vail Road.. Deviations from the underlying zoning development standards are required.. The bulk and mass of the new hotel is significantly greater than the sizes of buildings presently on the development site.r There are increased impacts of shading on public areas.. The conference and meeting room facilities are potentially under-sized.. Additional views of Vail Mountain from public areas will be negatively impacted.. Only a portion of the dilapidated plaza paver surface is being replaced and improved.r Increased loading/delivery truck traffic on Town streets.. There is only a marginal net increase of true accommodation units over what exists today.o An eighteen to twenty-four month construction process (noise, construction traffic, etc). Should the Planning & Environmental Commission choose to forward a recommendation of approval of the requested major amendment to the Vail rown council, staff would recommend that the Commission make the following finding: "Thatthe proposed major amendment to Special Development Distict#6, Vail Village lnn, complies with the nine design criteia outlined in Secfion 12-94-8 of the Town of vail Municipal code. The applicant, as required, has demonstrated to the satisfaction of the Commission that any adverse effecfs of the requested deviations from the development standards of the undeflying zoning are outweighed by the public benefits provided or has demonstrated that one or more of the development standards is not applicabte, or that a practical solution 20 consislenf with the public interest has been achieved. Fufther, the Commission finds that the requested conditional use permit to allow for the operation of a fractional fee club complies with the applicable criteria and rs consisfent with the development goals and objectives of the Town. Lastly, public notice of this public heaing has been sent fo adjacent property owners and published in a local newspaper of record in accordance with Section 12-3-6C of the Town Code." Should the Planning & Environmental Commission choose to recommend approval of the requested major amendment, staff would recommend that the approval carry with it the following conditions: 1. That the Developer provides a centralized loading/delivery facility for the use of all owners and tenants within Special Development District No. 6. Access or use of the facility shall not be unduly restricted for Special Development District No. 6. The loading/delivery facility, including docks, berths, freight elevators, service corridors, etc., may be made available for public and/or private loadingidelivery programs, sanctioned by the Town of Vail, to mitigate loading/delivery impacts upon the Vail Village loading/delivery system. The use of the facility shall only be permitted upon a finding by the Town of Vail and the Developer that excess capacity exists. The Developer will be compensated by the Town of Vail and/or others for the common use of the facility" The final determination of the use of the facility shall be mutually agreed upon by the Developer and the Town of Vail. 2. That the Developer subrnits detailed civil engineering drawings of the required off-site improvements (street lights, drainage, curb and gutter, sidewalks, grading, road improvements, etc.) as identified on the off-site improvements plan to the Town of Vail Public Works Department for review and approval, prior to application for a building permit. 3. The sdd approval time requirements and limitations of Section 12-94-12 shall continue to apply to Ordinance No. 7, Series of 2003 (September 4, 2004). In addition, the phasing of the construction of the hotel shall not be permitted. 4. That the Developer submits the following plans to the Depadment of Community Development, for review and approval, as a part of the building permit application for the hotel: An Erosion Control and Sedimentation Plan; A Construction Staging and Phasing Plan; A Stormwater Management Plan; A Site Dewatering Plan; and A Traffic Control Plan. 5. That the Developer records public pedestrian easements between the hotel and the Phase lll condominiums, between the hotel and the phase V Building, and along the Vail Road frontage. The easements shall be prepared by the Developer and submitted for review and approval of the Town Attorney. The easements shall be recorded with the Eagle County Clerk & Recorder's Office prior to the issuance of a Temporary Certificate of Occupancy. 6. That the Developer records a deed-restriction, which the Town is a party to, on the Phase lv property prohibiting the public use of the spa facility in the hotel. said a. b. d. e. 2L restriction may be revoked if the Developer is able to demonstrate to the satisfaction of the Town that adequate provisions for vehicle parking have been made to accommodate the public use of the spa. The restriction shall be recorded prior to the issuance of a building permit. 7. That the Developer submits a comprehensive sign program proposal for the Vail Plaza Hotel for review and approval of the Design Review Board, prior to the issuance of a Temporary Certificate of Occupancy. 8. That the Developer posts a bond with the Town of Vail to provide financial security for the 125% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a building permit. 9. That the Developer installs bollards or similar safety devices at the intersection of the delivery access driveway and the sidewalk along the South Frontage Road to prevent conflicts between pedestrians and vehicles, prior to the issuance of a Temporary Certifi cate of Occupancy. 10. That the Developer coordinate efforts with the owners of the Gateway Building, Phase ll, Phase lll and Phase V to create a below ground access for loading and delivery to the Gateway from the VailPlaza Hotel to resolve potential loading and delivery concems at the Gateway. lf a coordinated effort can be reached the Developer shall submit revised plans to the Town of Vail Community Development Department for review and approval, prior to the issuance of a building permit. 1 1. That the Developer, in cooperation with the Town of Vail Public Works Department design and construct a left-turn lane on Vail Road and reconfigure the landscape island in the South Frontage Road median to eliminate left-turns from the loading/delivery. The construction shall be completed prior to the issuance of a Temporary Certificate of Occupancy. 12. That the Developer submits a complete set of plans responding to the design concerns expressed by Greg Hall, Director of Public Works & Transportation, in his memorandum to George Ruther, dated 12113199. The drawings shall be submitted, reviewed and approved by the Town Engineer, prior to first reading of an amending ordinance by the Vail Town Council. 13. Submit revised plans to the Town of Vail Community Development Department for review and approval of the thirteen (13) issues identified in the letter from the Public Works Department, dated June 7, 2004, prior to first reading of an amending ordinance by the Vail Town Council. ATTACHMENTS Attachment A - Vicinity map illustrating the location of the proposed amendment. Attachment B - Summary of the proposed amendments to the plans from Tim Losa, Zehren and Associates, Inc., dated May 6, 2004. Attachment C - A complete set of reduced plans. Attachment D - A copy of the Vail Plaza Hotel Proposal Comparison, dated June 14,. 2004. Attachment E - A copy of the Vail Plaza Hotel Zoninq Analvsis, dated June 14,2004. oF .J a! $ "il t _[ - Attachment B Z E H R E N AND ASSOCIATES, INC. May 6, 2004 Mr. George Ruther Senior Special Projects Planner Town of Vail Department of Community Development 75 South Frontage Road Y alt. uoloraoo d I o) / Re: Vail Plaza Hotel Minor Amendment to Special Development Distnct George: Below is a sunxnary of the proposed amendments to the Vail Pluza Hotel Special Development District as adopted in Ordinance 21, Series of2001 dated September 4,2001. In summary, through design and engineering of specific below grade and back of house areas of the project, we have reduced the overall area of the project by approximately 59,000 square feet while maintaining the exterior, above grade, residential portions of the project essentially as they were approved in 2001. We have accomplished this through the design and coordination of the required service, mechanical, and "back of house spaces" as well as reducing the size of the spa, health club, pool, the bar and restaurant outlets, the size of the conference facilities. The overall number of parking spaces required has also been reduced through a reduction in the areas that require parking as well as through the application of Schedule A of section i2.10.10 of the town's zoning ordinance. In addition, with further engineering, the alignment of roadways and access points has been re- aligned to reduce the number of access points and keeping the access points and required easements as they exist today. A floor-by-floor analysis is as follows: Survey The survey has been updated indicating adjacent areas impacted by the redeveiopment of the project. The datum has increased by approximately 5'-0" from the previous survey to match the East Meadow Streetscape improvements. Site Vignettes these sheets have been replaced with a landscape plan. Level 127 (Level -3) This level has been relocated to 1eve1 138. Level 138 (Levei-2) This level has been eliminated in its enfirety. Level -3 (parking) has been relocated to this level. Level 149 (Level -i) The ballroom size has been decreased in size. The breakout space has been decreased in size and relocated from 1eve1-2. Al1 spa and health club functions have been removed from this level. ARCHITECTURE . PTANNINC . INTIRIORS . LANDSCAPE ARCHITECTURE PO. Box 1976 ' Avon, Colorado 81620 . (970i g4g-0257 . F,A"\ 1970) 949-1080 . e-mail: vailoffc@zcnren.( r)m ' www.zenren..onr Vail Plaza Hotel 20041590.00 Level 160 (Level 0) Level 170 (Level 1) Level 180 (Level 1.5) Level 190 (Level 2) Level 200 (Level 3) Level 210 (Level 4) Level220 (Level 5) Levei 230 (Level 6) RoofPlan Street Sections Plaza Sections Building A Elevations Building A Sections Building B Elevations Building B Sectrons Building Height Plan I . Zehren and Associates, Inc. 51612004 Parking spaces have no change. Spa and health club areas have been reduced in area or relocated from this level. Laundry, housekeeping and personnel areas have been relocated to this floor. Retail has been slightly increased on this level. The guest entry has been re-aligned to the center of the porte-cochere. The Lounge was reduced by 3 15 square feet. The Specialty Restaurant was reduced by 880 square feet. The Main Restaurant was reduced by 172 square feet. The outdoor pool deck was relocated to the plaza 1eve1 from two levels below. A reduced exercise ftea1th club) area was relocated to the retaiVstair area. The ma'in conference stair was relocated to the restaurant lobby area. The service entry has been re-aligned to its existing entry point. The addition of one accommodation unit. No significant change. No significant change. The loss of one key or lock-off from a fractional fee unit. No significant change. No significant change. The loss oftwo keys or lock-offs from fractional fee units. No significant change. The upper level dwelling unit has been slightly reduced in area. No signifrcant change. No significant change. No significant change. No significant change. Ihe Pool Area is relocated up two levels. No significant change. No significant change. The Pool Area is relocated up two levels. No significant change. No significant change. Datum increased by 5'-0" to match survey. 2 Vail Plaza Hotel 20041590.00 Building Fleight Plan 2 No significant change. Pool Study Sheet deleted. Vail Road Setback Study No significant change. Loading and Delivery No significant change in bay location. Plan Entry point has been revised. Sheet deleted. Street Entry Study Entry points have been revised. Sheet deleted. Zehren and Associates, Inc. 5t6t2004 Sun Study Landscape Improvements Plan No significant change. These sheets have been replaced with a landscape plan. Off-Site Improvements No significant change. Pian Updated East Meadow Streetscape. Crossroads sidewalk delegated to Crossroads redevelopment. Also enclosed is a program summary for comparison to the 2001 approved surnmary. Please do not hesitate to contact me with any questions or concems conceming the submittal. Sincerelv. Tim Losa Project Manager Zehren and Associates, Inc. la (g? -tl vue.- /.^v €EsNi3c:.9 L> €J IJ 6 z:!:i ; E!i! I4i!l N:ti: N L=-r-- Ir I C) o Et a) G .XtJ) Oi;>i;o=-Jiit? cf)N o o (d!,Ni:(s:.i o-> =(d =3ti:gSIdI =HiliN?ll! 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(-) z o |\ oo1!qi orh !;Bi ij o I ai (\ s '*; kr iDNFr- o; *= 6r 9iis: =;: X r|-. E fr- C' o (/,a og t< <= q s E rl cn k) 9C q] i.) n)c!\ 609 9=,^' E:.; ;i ctg *7 av!* Ot,)tro f,9b ';o6 e (J ! o_ .gl o EE o u; E c E E SE(r< o tro E {) G Hq PE<9 E< s ':3 E 9€ ,9 oq <iEx * 5E; +>oi d;o <;: oN6 C?+ 6e z, i 6 o .9 o) '6 !D .q .: ci 9p =9 o€ 3.- F! <b .:E .rE $e d6oF-a9 clo:u>d rl'Fo=oxa\6 3iOL f= 6l € o)N od I a\l I cn * (o (! 'o. - io kt l.- oi e? *HE orF B€€P3eE:;!Et E <-: to E\ (\o 6e =EFE >< <E ry c.) sa{c{ @ E @ C\i s (o @ .d (\| 'a; _ro k) l'.oif.- o, )'{ =6o aEcP3sEi; h{oH !tg E LL Ctta ss c{o o or! 'it > ur> o! ?'o c 9t ; tr- 3ee@_< c E rs oNos l-;edgc lD io :st-z & a o 9Y F.k lr. _rat"1 b{ ('o ! ;'Y'=E ;! 'nFb6.;< !.o c E c; C'l s "!.9 OIolu ol { !r.:\ ti< o @- t- os @ .g -9 a {) oO oF t 0)o o F E 3H_9N c 5e oa ILtr(, 90) -:b a o a ..' o .a I A .E o-J Eid UJ 0) E oo lrl 3 >6 f,1Y< rod NN o_ N. _rya Attachment: F Department of Community Development 75 South Frontage Road Vail, Colorado 81657 970-479-2138 F,lx 970-479-2452 www.vailgov.com From: Chad Salli Date: June 7, 2004 Subject: Vail Plaza Hotel After reviewing the submitted plans for the Vail Plaza Hotel site, Public Works conrnents are as follows: l. Double check survey infornntion to make sure they are all on the same datum2. Provide centerline profile of all access points3. S. Frontage Rd: C-DOT access permit is required for access, concern (left out accident history) exists in maintaining this access as full movement with the close proximately to the main Vail roundabout, right in/right out only movement may be required, landscaped median required, 6' heated brick paver walk with curb & gutter required from Vail Rd to east side ofbuilding to the east (Village Inn Plaza), 6' concrete walk with curb & gutter from Village Inn Plaza to Village Center intersection. Plan and profiles will be required4. Vail Rd: left turn is only to serve the Vail Plaza Hotel access, no median on Vail Rd required, 6' heated brick paver walk required from S. Frontage Rd to Meadow Dr. Plan and profiles will be required 5. Meadow Dr: Streetscape improvements required per East Meadow Dr plans6. Is access to building to the east still going to be provided thm the loading/delivery area? Ifnot, how is access going to be maintained and is access easement going to be vacated? 7 ' Loading/delivery area is to serve the buildings to the south via a tunnel, please show how this is to function. 8. Loading/delivery area is to serve the building to the west, please show how this is to function.9. Please show circulation and tuming movements for the loading/delivery area, all tuming movements must be done entirely on site. 10. Grading and drainage plan needed. I I . Sediment and erosion control plan needed, 12. vehicular circulation in the porte-cochere should be counter-clockwise for driver expectancy 13. Incorporate public art into development work with AIPP Board and Coordinator Should you have any questions, feel free to give me a call 926-2169. {p *""".uo ^r"^ Memorandum To: George Ruther, Senior Special Projects planner From: Greg Hall, Director of Public Works and Transportation Subject: Vail Plaza Hotel - Review ofthe November 23. 1999 plans Date: December 13, 1999 I have completed my review of the Vail Plaza Hotel and have the following comments and concerns. Some ofthese are truly comments, which should be corrected as the project progresses through the development process, and others are concerns or conditions, which shall be taken care ofat the appropriate tirnes in the process. The following corrections to the plans are required: q The scale stated on the site illustrative plan is incorrect, please label correctly.o Sheet-Level Minus Two, the elevation of the ramp from above proceeding to the 6 o/o grade at the lowest level is not 145' as indicated.tr Provide the slope (%) ofthe parking area in the lowest valet area and the location where the grades change from 128' to 130'.Q Please show all access points and doorways to elevators and hallways. Specifically, access to the elevators in the Level Minus Two, this may cause valet spaces to be eliminated. Access to the small elevator lobby from the loading berth, and access from the loading berth to the freight elevators. The exact location ofthe garage door into the Phase III parking structure. Show the staging area in front of the freight elevator and how this may impact access to Phase III and the safety ofthose using the elevator. Show the location of the trash pickup.tr The eastside curb alignment of Vail Road is shown per the survey. However, there appears to be one shot out of line, t}lis causes ajog right at the hotel entry, which doesn't exist. The curb moves one foot at this location. o The widths of Vail Road, the South Frontage Road and East Meadow Drive along with the exact locations ofthe curbs of the roundabout and median islands and opposite side ofthe street wiil need to be shown accurately prior to first reading before the Town Councii. Issues for Discussion There has been significant discussion with regards to whether a left-tum lane is required on Vail Road. The hotel location as it is presently designed would not have to move if the desire for a left-turn is there. A pedestrian easement would be required to push the walk east to make room for the additional 12' lane. Virtually all ofthe landscaping on the east side ofthe road would be lost. A space of3' to 11' wide as you go north would exist on the south building and the space would be 8' to 15' along the north building. The need for a left-tum lane was specifically reviewed and evaluated by the traffic consulting {irm of Felsburg, Holt & Ullevig. In the Traffrc Report prepared by the consulting engineer, the engineer has stated that based upon traffic projections, vehicles "backing up" into the roundabout traffic would not occur. A review ofthe roundabout design with regards to Vail Road traffrc detennined that at current volumes, there is a flow of 321 vehicles in the AM peak hour with a capacity to take 1501 vehicles and a maximum queue of I Yehicle, in the PM peak flow was 484 vehicles with a capacity to take 1423 vehicles and a marimum queue of 2 vehicles. The roundabout design allows for a 50% increase in peak flows with the AM having a peak hour flow of,' 481 vehicles with capacity of I172 vehicles with a maximum queue of2 vehicles. The PM peak flow would be 735 vehicles with a capacity of 1055 vehicles and a maximum queue of7 vehicles. This queue does not impact the entry into this site. The Vail Plaza Hotel Traffic Report states the current northbound traffic volume of Vail Road is 695 vehicles. The added trips to Vail Road will be approximately 57 trips in and 40 trips out, during the peak PM period. They also analyzed that the trips were turning in against 900 vehicles verses the 735 trips. As estimated in the future roundabout calculations. The second issue is that the loading bay requirements for the site were to accommodate the tuming maneuvers ofa 30' single axle truck, a 45' over the road coach and a 50-foot scmi tractor trailer on-site, and to additionally to allow a 65' semi tractor trailer to maneuver without impeding the flow of kaffic on the South Frontage Road. The applicant has provided an access and maneuverability plan, which illustrates that the maneuvering ofthe vehicles takes place partially off-site, in the right-of-way. However, no backing motions occur across any sidewalks and the traffic flow on the South Frontage Road is not impeded. Extending the proposed South Frontage Road median through this access point could solve the question ofthe left turn out for the frontage road access. It would be desirable to at least provide a left tum pocket east bound somewhere in the frontage road to allow U-tums ofpassenger cars at a point that is determined appropriate. This is most likely at Village Center Chute. The landscape median would need to be extended the entire length to ensure this takes place where determined. This entire access plan on the frontage road will require a Colorado Departrnent of Transportation revised access permit. The transportation engineers at CDOT have the authority to decide how tlle access functions. Improvements and Conditions . The required improvements for this development are a 6' heated paver walkway from the east property line ofthe SDD to the Gateway Building. In addition any revisions to the curb will require new curb and gutter and modifications or additions to the storm sewer system. The extension of Village-style street lights is also required. Any necessary modifications to utilities, landscaping, irrigation systems and required retaining walls shall be the responsibility of the developer. The walkway will be delineated in pavers across the driveways behind the cross pans. o Frontage Road landscape medians to include curb and gutter, concrete unit paver aprons, any masonary rock walls, plant material, bedding mix to TOV specifications, and irrigation system and water connections and sleeves. Improvements to Vail Road include a heated 8' paver walkway from the Gateway Building property to East Meadow Drive. All additional improvements to allow for this to take place as similarly as stated above for the frontage road are also the responsibility of the developer. In addition, adding curb, gutter and a 6'concrete walk from the east property line ofthe SSD to and around the curb return of Village Center Chute on the South Frontage Road. Any modifications to the drainage system to accomplish this work are considered the requirement ofthe curb. Work such as retaining walls and utility modifications are the responsibility of the Town of Vail. Details of the improvements from Vail Road to the west edge of the Phase I building (Base Mountain Sports) along with the improvements of the bus stop along East Meadow Drive are as follows a heated paver walkway attached to the street and bus stop 4long with all modifications to drainage, utilities, retaining walls, drainage systems, inigation, landscape modifications sheet lighting and any adjacent property impovements impacted. . The orange street lights existing along the entire length ofEast Meadow Drive shall be changed to the Village-style street light fixture. This installation shail be completed by the developer. . A frnal grading and drainage plan be prepared and all drainage systems carrying runoff from public right of ways require drainage easements. The final grading plan will have ail grades to the tenth of a foot . r A final landscape plan showing sight distances, snow storage areas, and all existing vegetation impacted. . The entire building will require a guttering system , heat tape and piping to the stonn sewer to be provided. r That snow shedding is addressed for the entire building. . The pedestrian walks along Vail Road and the other pedestrian mews are established as public pedestrian easements. r Complete civil-engineered plans are approved prior to submitting for the building permit. o PLANNING MEMBERS ABSENT Doug Cahill AND ENVIRONMENTAL PUBLIC MEETING Monday, June 28, 2004 PRoJEcr ORIENTATION - Gommunity Devetopment Dept. PUBLtc wELcoME 12:00 pm o COMMISSION MEMBERS PRESENT David Viele Anne Gunion BillJewitt Chas Bernhardt George Lamb Rollie Kjesbo Site Visits :1. Lionshead Core Site - 675 Lionshead Place2. Gore Creek Place - 730,724,714 West Lionshead Circle3. Eagle River Water and Sanitation - 646 West Forest Road Driver: George NOTE: lf the PEC hearing extends until 6:00 p.m., the Commission may break for dinner from 6.00 - 6:30 o.m. Public Hearinq - Town Council Chambers 2:00 pm 1. A recommendation to the Vail Town Council of a major amendment to a Special Development District (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to the recorded conditions of approval prohibiting the operation of restaurants within Special Development District No. 35, Austria Haus, located al242East Meadow Drive/Part of Tract B, Block 58, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Sonnenalp Properties, Inc., represented by Johannes Faessler Planner: George Ruther MOTION: KJESBO SEGOND: VIELE VOTE:5-1 (JEWITT OPPOSED) APPROVEDW|THCOND|T|ONS: 1. That no rooftop or other exterior ventilation or exhausting equipment (hoods) be installed on the building for the expressed purpose of ventilating the kitchen or restaurant arlea of the tenant space (Starbucks), 2. That any future proposal to expand the area of the restaurant be reviewed and approved by the Town of Vail pursuant to the applicable development review process. 3. That all loading and delivery activity for the Austria Haus be conducted on the Austria Haus property in the loading dock area provided on the east side of the property. Loading and delivery for the Austria Haus shall not be conducted from the designated loading and delivery spaces in front of the Mountain Haus. 4. The applicant, Johannes Faessler, or his authorized agent, shall cause the agreement which outlines the Town's conditions of approval to be recorded with the Eagle Gounty Glerk & Recorde/s office within 30 days of approval on second 1 '-' rguage shall be in?uaea in allfuture lease orreading. Additidnally, this same lan rental agreements made by and between Johannes Faessler, or his authorized agent and any future tenant of the space. Failure to comply with this condition shall cause this approval to become null and void. George Ruther made a presentation per the staff memorandum. Mr. Faessler was present and spoke on behalf of the application. He stated that the subject area is currently a bar and is proposed to be a cotfee shop, which is a low impact use. Mr. Jim Lamont, Vail Village Homeowners, spoke on behalf of the homeowners concerned about odors from food preparation, trash removal and noise, and type of delivery trucks. Staff stated that the proposed use will not impact the adjacent neighbors more than the existing bar. Commissioner Jewitt opposed the proposal because the development needs to respectthe land use rights ofthe adjacent neighbors. 2. A final review of a conditional use permit, pursuant to Section 12-98-3, Private Or Public Off- Street Vehicle Parking Structures, to allow for an amendment to an existing conditional use permit for private parking, located at 364 Gore Creek Drive/Lot P-3, Block 5A, Vail Village Filing 5, and setting forth details in regard thereto. Applicant Vail Resorts Planner: ElisabethEckel MOTION: KJESBO SECOND: LAMB APPROVED WITH CONDITIONS VOTE:5-0 1. That the applicant, VRDC, submits a revised set of building plans to the Building Department of the Town of Vail Community Development Department prior to August 1,2004, illustrating the changes in improvements, as required by the Planning and Environmental Commission. Commissioner Kjesbo stated that he is under contract to purchase one of the subject parking spaces but did not feel it was a conflict of interest. Neither the public nor the Commission hid comments. 3. A request for a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town Code, to allow for snowmaking system improvements within the Gore Creek floodplain, located at an unplatted parcel (adjacent to the Eagle River Water and Sanitation facilities,'646 West Forest Road), a complete metes and bounds legal description is available for review at the Town of Vail Community Development Departm-ent, and setting for details in regard thereto. Applicant Vail Resorts, represented by Braun Associates, Inc.Planner: Bill Gibson MOTION: JEWITT SECOND: VIELE VOTE:6-0 APPROVED WITH CONDITIONS: 1. The applicant shall submit verification of US Army Corp of Engineers approval of all applicable permits to the Town of Vail Community Development Department prior to the issuance of building and grading permits. 2. The applicant shall submit a stamped lmprovement Location Certificate and "as-builf' topographic survey to the Town of Vail Community Development Department for review and approval, prior to Town of vail final construction inspection. 3. The applicant shall comply with all requirements of all necessary state and federalpermits and approvals, Neither the public nor the Commission had comments. 4. A final review of a condlttbnal use permit, pursuant to Section lt-S,Conditional Uses; Generally (On All Levels of a Building or Outside of a Building), Vail Town Code, to allow for eight two-family residential structures (Gore Creek Place), located at 730, 724, and 714 West Lionshead Circle/Tracts A, B, C, & D, Morcus Subdivision, and Lot 7, Marriott Subdivision, and setting forth details in regard thereto. Applicant Vail Resorts, represented by Braun Associates, Inc. Planner: WarrenCampbell MOTION: KJESBO SEGOND: JEWITT VOTE: 6-0 APPROVED WITH CONDITIONS 1. That the Developer shall not sell, rent, lease, or othenvise transfer any of the sixteen (16) additional parking spaces located within the below grade parking structure. The additional parking spaces shall only be used by those permitted, conditional, or accessory uses allowed on the West Day Lot Development Site. 2. That the applicant shall complete the West Day Lot Approved Development Plan spreadsheet (Attachment F) which will identifu all remaining development potential for each of the three parcels within the West Day Lot Development Site, prior to submitting forbuildingpermits. Thecompletionofthespreadsheetwill allowfuturedevelopmentto occur without the need for joint property owners sign off as all future development potential will already have been established, 3. That the approval of this conditional use permit constitutes approval of an Approved Development Plan for Parcel 2 of the West Day Lot Development Site and any change to the Approved Development Plan for Parcel 2 shall require a new conditional use permit approval, 4. That bed and breakfast operations shall be prohibited in Parcel 2 of the West Day Lot Development Site. 5. That two-family residential structures shall be the only permitted or conditional uses allowed in Parcel 2 of the West Day Lot Development Site. Accessory uses shalt be permitted useless othenrise specifi cally prohibited. 6. The applicant shall record the new West Day Lot Development Site plat and easements prior to requesting either a Temporary Certificate of Occupancy or a Gertificate of Occupancy inspection. 7. That the applicant records private access easements for the pathways leading from West Lionshead Circle to the emergency vehicle/public pedestrian path and from the emergency vehicle/public pedestrian path to the Town bike path which pennits access to Vail Spa and all parcels within the West Day Lot Development Site. The pathways with the above easements shall not be gated orsigned to restrictordiscourage public access and the easements shall not be permitted to be removed in the future by the owners of parcels within the West Day Lot Development Site. Staff and the applicant discussed the public access easements through the site and their compliance with ADA regulations and the Lionshead Redevelopment Master Plan. Mr. Jim Lamont, Vail Village Homeowners, questioned the closest sidewalks and pedestrian connections through the project. staffs recommendation for the provision of access easements is based on the Lionshead Redevelopment Master Plan for pedestrian connections. Without the connections as recommended by staff, future connections could not be made for other adjacent sites. The applicant stated that the paths will be provided, but was hesitant to make it public access which would require ADA compliance. An amended condition would be to have a private pedestrian access easement that will never be obstructed or removed. 5. A request for final review of a major amendment to a special development district (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for a major amendment to Special Development District No. 6, Vail Plaza Hotel East, located at 100 East Meadow /Lot M, N, O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Applicant Daymer Corporation, represented by Zehren and Associates, Inc. Planner: George Ruther MOTION: KJESBO SEGOND: VIELE VOTE:6-0 APPROVED WITH AMENDED CONDITIONS 1. That the Developer provides a centralized loading/delivery facility for the use of all owners and tenants within Special Development District No. 6. Access or use of the facility shall not be unduly restricted for Special Development District No. 6. The loading/delivery facility, including docks, berths, freight elevators, service corridors, etc., may be made available for public and/or private loading/delivery programs, sanctioned by the Town of Vail, to mitigate loading/delivery impacts upon the Vail Village loading/delivery system. The use of the facility shall only be permitted upon a finding by the Town of Vail and the Developer that excess capacity exists. The Developer will be compensated by the Town of Vail and/or others for the common use of the facility. The final determination of the use of the facility shall be mutually agreed upon by the Developer and the Town of Vail. 2. That the Developer submits detailed civil engineering drawings of the required off-site improvements (street lights, drainage, curb and gutter, sidewalks, grading, road improvements, etc.) as identified on the off-site improvements plan to the Town of Vail Public Works Department for review and approval, prior to application for a building permit. s. Ihat the Developer shall suhmit a complete building permit application to the Town of Vail Community Development Depafimentforthe construction of the Vail Plaza Hotel by no later than 5:00 pm, Friday, September 3, 2004. The Chief Buitding Official shall determine the completeness of the application. The Developer shall diligently pursue the rbsuance of a building permit hy no later than October 15, 2004. Failure to comply with this condition shall cause this sdd approval to become null and void on september 4, 2004, pursuant to the time requirements and limitations of Secfion 12-9A-12,Vail Town Code, and Ordinance lVo. 21, Series of 2001, or on October 16, 20(M, depending on whether a buitding permit application has heen submitted, The phasing of the construction of the hotel shall not be permitted- 4. That the Developer submits the following plans to the Department of Community Development, for review and approval, as a paft of the building permit application for the hotel: An Erosion Control and Sedimentation Plan; A Construction Staging and Phasing Plan; A Stormwater Management Plan; A Site Dewatering Plan; and A Traffic Gontrol Plan. 5' That the Developer records public pedestrian easements between the hotel and the Phase lll Condominiums, between the hotel and the phase V Building, and a. b. c. d. e, along the Vall to frontage. The easements shatt O?r"0"."0 by the Devetoper and submitted for review and approval of the Town Aftorney. The easements shall be recorded with the Eagle County Clerk & Recorder's Office prior to the issuance of a Temporary Gertificate of Occupancy. 6. That the Developer records a deed-restriction, which the Town is a pafi to, on the Phase lV property prohibiting the public use of the spa facility in the hotel. Said restriction may be revoked if the Developer is able to demonstrate to the satisfaction of the Town that adequate provisions for vehicle parking have been made to accommodate the public use of the spa. The restriction shall be recorded prior to the issuance of a building permit 7. That the Developer submits a comprehensive sign program proposal for the Vail Plaza Hotel for review and approval of the Design Review Board, prior to the issuance of a Temporary Certificate of Occupancy. 8. That the Developer posts a bond with the Town of Vail to provide financial security for the 125% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a building permit. 9. That the Developer installs boltards or similar safety devices at the intersection of the delivery access driveway and the sidewalk along the South Frontage Road to prevent conflicts between pedestrians and vehicles, prior to the issuance of a Temporary Certificate of Occupancy_ 10. That the Developer coordinate efforts with the ownens of the Gateway Building, Phase ll, Phase lll and Phase V to create a below ground access for loading and delivery to the Gateway from the Vail Plaza Hotel to resolve potential loading and delivery concerns at the Gateway. lf a coordinated effort can be reached the Developershall submit revised plans to the Town of Vail Community Development Department for review and approval, prior to the issuance of a building permit. The intent of this condition is to create an interconnected underground loading and delivery sysfern accessrble to all of Special Development District No, 6, Vail Village Inn. 11. That the Developer, in cooperation with the Town of Vail Public Works Department, designs and eonstructs a left-turn lane on Vail Road and reconfigure the landscape island in the South Frontage Road median to eliminate teft-turns from the loading/delivery. The construction shall be completed prior to the issuance of a Temporary Gertificate of Occupancy. 12. That the Developer submits a complete set of plans responding to the design concerns expressed by Greg Hall, Director of Public Works & Transportation, in his memorandum to George Ruther, dated 12l13/9g. The drawings shall be submitted, reviewed and approved by the Town Engineer, prior to first reading of an amending ordinance by the Vail Town Council. 13. That the Developer submits revised plans to the Town of Vail Community Development Department for review and approval of the thirteen (13) issues I identified in the letter from the Public works Department, dated June 7,20o4, prior to first reading of an amending ordinance by the Vail Town Gouncit. 14' That the Developer provides 75 on-site parking spaces within the area of phase lV, Vail Village Inn, and as indicated on the Approved Development plan, to c o. address tne lQace parking deficit currenfuy .*i"ting'*inin Special Development District No.6, Vail Wllage Inn. Said pa*ing spaces shall be made available to meet the pa*ing demand of those uses permitted within the Special Development District. The 75 parking spaces shall not be sold, transferred, traded, or othenaise conveyed for ownership fo users located outside of Specrat Development District No. 6, Vail Village Inn. George Ruther made a presentation per the staff memorandum. Staff addressed PEC comments from previous meetings and addressed the issues in the memorandum. The only new condition was number 13 regarding the Department of Public works. The applicant addressed the list of conditions, such as CDOT approval off of Frontage Road, and requested a time extension of an additional 90 days to obtain a building permit. The Commissioner were not in favor of a 90 day extension but instead suggested an amended condition which might afford the applicant slightly more time to obtain a buiiding permit. Commissioner Kjesbo questioned the parking and whether or not the spaces will be sold outside of the shareholders in the development. Mr. Losa stated that four spaces have been sold within the SDD. The Commission and the applicant agreed that the ownership of parking spaces would be restricted to parties involved in the SDD. The Commission and staff proposed several revised conditions of approval. A request for a final review of a major exterior alteration or modification, pursuant to Section 12- 7-H-7,Vat Town Code, and a request for a final review of a conditional use permit, pursuant to Chapter 12-16, Vail Town Code, to allow for the construction of the Lionshead Cor6 Site Hotel and the operation on a new private skier club, new lodge dwelling units and conference facilities and meeting rooms on the first floor or street level floor of a structure, located at 675 Lionshead Place/(a complete legal description is available for inspection at the Town of Vail Community Development Department upon request). Applicant: Vail Corporation Planner: George Ruther MOTION: BERNHARDT SECOND: LAMB VOTE:6-0 TABLED TO JULY 12,2004 A request for a recommendation to the Vail Town Council for the establishment of Special Development District No. 38, Manor Vail Lodge, to allow for the redevelopment of the Manor Vail Lodge, and a requestfora conditional use permitto allowforthe construction of Type lll Employee Housing Units, pursuant to section 12-6H-3, Vail rown code, located at 595 vail Valley Drive/Lots A, B, & c, Vail Village 7th Filing, and setting forth details in regard thereto. Applicant Manor Vail, represented by Melick and Associates Plannen WarrenCamobell MOTION: BERNHARDT SECOND: LAMB TABLED TO JULY 12,2004 VOTE:6-0 8. A request for a variance from Section 12-21-14, Restrictions In Specific Zones On Excessive Slopes, Vail Town Code, to allow for the construction of driveways and surface parking in excess of 10o/o of the total site area, located at 2388 Garmisch Drive/Lot 9, Block G, Vail das Schone Filing 2, and setting forth details in regard thereto. Applicant: Snow Now, LLC Planner: WanenCampbell MOTION: BERNHARDTSECOND: LAMB TABLED TO JULY 12.2004 7. VOTE:6-0 9. A request for a conditional use permit pursuant to Section 12-71-5, Conditional Uses, Generally (on All Levels of " euitg or outside of a Building), vait fownte, and a variance from Title 14, Chapter 5, Parking Lot and Parking Structure Design Standards forAll Uses, Vail Town Code, to allow for the construction of an unpaved private parking lot, located at 923 South Frontage Road West/unplatted. (A complete metes and bounds legal description is available for review at the Town of Vail Community Development Department). Applicant Vail Resorts, represented by Mauriello Planning Group, LLC Planner: Matt Gennett MOTION: BERNHARDT SECOND: LAMB TABLED TO JULY 12,2004 SECOND: LAMB VOTE:6-0 VOTE:6-{l 10. A request for a conditional use permit, pursuant to Section 1 2-6H-3, Conditional Uses; High Density Multiple Family, Vail Town Code, to allow for a public utility and public services use, located at 501 North Frontage Road (Solar Vail Condominiums)/ Lot 8, Block 2, Vail Potato Patch Filing 1, and setting forth details in regard to. Applicant Verizon Wireless, represented by Kelley Harrison, Closser ConsultingPlannen Clare Sloan MOTION: BERNHARDT TABLED TO JULY 12,2004 9. Approval of minutes MOTION: VIELE TABLED TO JULY 12,2004 10. Information Update 11. Adjournment MOTION: BERNHARDT SECOND: LAMB VOTE:6-0 SECOND: LAMB VOTE:6{l The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage noiO. tne public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 foi additional information. [0_n-!19u19e inlerpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing lmpaired, for information. Community Development Department Pubf ished, June 25, 2004 in the Vail Daily. TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission Community Development Department June 14,2004 A request for final review of a major amendment to a special development district (SDD) pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for a major amendment to Special Development District No. 6, Vail Plaza Hotel East, located at 100 East Meadow /Lot M, N, O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Applicant: Daymer Corporation, represented by Zehren and Associates, Inc.Planner: George Ruther lt. SUMMARY The applicant, Waldir Prado, d.b.a. Daymer Corporation, represented by Zehren and Associates, Inc., is requesting a final review of a major amendment to a special development district (SDD), pursuant to Section 12-9A-1 0, Amendment Procedures, Vail Town code, to allow for a major amendment to special Development District No. 6, Vail Plaza Hotel East. The major amendment is intended to facilitate the redevelopment of Phase lV of the existing Vail Village Inn and allow for the construction of the Vail Plaza Hotel. The cunent proposal amends only Phase lV of the Vail Village Inn Plaza. No amendments are proposed to Phases l-lll or V of the Vail Village Inn. While staff believes that the proposal is in general compliance with the nine design criteria, as identified in Section Vl of this memorandum, we believe that several outstanding issues must be addressed by the applicant prior to the Planning and Environmental Commission making a recommendation on this application to the Vail Town Council. Staff recommends that this application be tabled to the June 28,2004, public hearing of the Planning and Environmental commission, to allow the applicant time to address the outstanding issues. DESCRIPTION OF THE REQUEST The applicant, Daymer Corporation, represented by Zehren and Associates, lnc., has submitted a development review application to the Town of Vail Community Development. The application is a request for a final review and recommendation of a proposed a major amendment, pursuant to Chapter g of the Town of Vail Zoning Regulation, to special Development District No. 6, Vail Village Inn. The purpose of the major amendment is to amend the approved development plan for the site that was approved by the Vail Town Council on September 4,2001 , pursuant to Ordinance No. 21, Series of 2001, allowing for the construction of the Vail Plaza Hotel in Phase lV of the District. ordinance No. 21, series of 2001, prescribes the development standards and adopted an approved development plan for the site, as required by Section 12-9A-6, 1 Development Plan, Vail Town Code. According to the applicant's proposal, the development standards and approved development plan remain largely unchanged with this major amendment application. With the exception of minor revisions and refinements to the architecture of the building, the overall bulk, mass, height, scale, character and layout of the hotel above grade are unchanged. The more significant changes to the proposal are the reduction in the total number of parking spaces that will be provided and the realignment of the proposed vehicular access points to the hotel off of Vail Road and the South Frontage Road. The approximate total gross square footage of the new hotel is 319,237 square feet. The following is an approximate square footage breakdown of the various uses within the hotel: + 62,601 sq. ft - fractional fee club units* 5,150 sq. ft. - condominium{. 36,173 sq. ft.- accommodation units{. 6,733 sq. ft. - employee housing units+ 5,965 sq. ft, - restauranUretail+ 7,227 sq. ft. - kitchen* 12,821 sq. ft. - conference/meeting rooms* 4,559 sq. ft. - spa/health club* 178,008 sq.ft.- common area (mechanical, maid ctosets, stairs/hallways, parking, oftrce, lobby, etc.) 319,237 sq. ft- gross building squane footage The applicant has identified what are believed to be public benefits which will be realized by the Town as a result of the Vail Plaza Hotel redevelopment. The public benefits associated with the hotel proposal are: . An increase in the annual occupancy rate through the redevelopment of an older, existing hotel.. The creation of approximately 12,821 square feet of new conference and meeting room facilities.o The implementation of the recommended rown of Vail streetscape Master plan improvements along Vail Road, the South Frontage Road and a portion of East Meadow Drive,. The re-investment and redevelopment of resort property in the Town of Vail.r The implementation of the development goals, objectives and policies adopted by the Town for the Vail Village Inn property.. A significant increase in the Town's supply of short-term, overnight accommodation to serve our guests and visitors.. The construction of a world-class "ancho/' hotel providing a highJevel of guest servlces and amenities.. A potentially sizeable annual contribution to the Town's declining sales tax revenue. il. A vicinity map illustrating the location of the proposed sDD amendment has been attached for reference (attachment A). A summary of the proposed amendments to the plans is ouilined in a letter from Tim Losa, Zehren and Associates, Inc., dated May 6, 2004 (attachment B). A complete set of reduced plans has been attached for reference (attachment c). For comparative purposes, the community Development Department has also completed an analysis comparing the 2004 proposal and the 2001approval. The purpose ofthe analysis is to provide a direct comparison of the 2004 proposal and the 2001approval. A copy of the Vail Plaza Hotel Proposal Comparison has been attached for reference (attachment D). BACKGROUND The following is a brief summary of the amendments to Special Development District No. 6 since the original adoption: . In 1976, the Vail rown council passed ordinance No. 7, Series 1976, establishing Special Development Districts No. 6, Vail Village Inn, to ensure the unified and coordinated development of a critical site to the Town of Vail, as a whole, and in a manner suitable for the area in which it is situated. . In 1985, the Vail Town Council passed Ordinance No. 1, Series 1985, providing certain amendments to the approved development plan for special Development District No. 6. The amendments included a requirement for a minimum of 175 accommodation units and72,400 square feet of GRFA devoted entirely to accommodation units in Phase lV. . ln 1987, the Vail Town Council passed Ordinance No.14, Series 1gg7, which amended and modified Section 8 relating to the allowed density of the development plan for special Development District No. 6. This amendment broke phase lV into two distinct phases; Phase lV and Phase V. This amendment established the maximum allowable GRFA for the entire District at approximately 120,000 sguare feet. Furthermore, the amendment reduced the minimum accommodation unit requirement to 148 units and 67,367 square feet of GRFA. o In 1989, the Vail rown council passed ordinance No. 24, Series of 1 9g9, amending the density controls of the District. This amendment increased the allowable GRFA to 124,527 square feet and allowed unit #30 to be created in a commercial space. The amendment maintained the previous approval requiring a minimum 14g accommodation units and 67,367 square feet of GRFA devoted to units in Phases lV and V. r ln 1991 , the vail rown council passed ordinance No. 9, series 1 9g1 , providing for certain amendments to the approved development plan for special Development District No. 6, which relates specifically to phase lV. ln 1 992, the Vail Town Council passed Ordinance No. 2, Series 1992, allowing for modifications and amendments to various sections of Special Development District No. 6 which related directly to Phase lV, and which made certain changes to the ?pproved development plan for Special Development District No. 6 as they relate to Phase lV. In 2000, the Vail Town Council passed Ordinance No. 1, an ordinance adopting an ?pproved development plan for Special Development District No. 6, Vail Village Inn, Phase lV, to allow the construction of the Vail Plaza Hotel. The hotel is a mixed-use development including residential, commercial and recreational uses. According to the approved development plan, the applicant is allowed to construct gg new accommodation units (hotel rooms) ranging in size from approximately 350 sq. ft. to 3]O sq. ft. per unit, 50 part-time fractional fee club units, 18 employee housing units (38 beds) and 1 free-market condominium. The fractional fee club units are considered part-time units, since during the summer months the hotel will retain ownership of the units to rent as short-term accommodation units, and then during the winter months (approximately 24 weeks per year) the units will be sold as fractional fee club units. The vail Plaza Hotel also includes two restaurants,4,o4T square feet of accessory retail located within the hotel and along the plaza, a 15,339 square foot conference facility, a 24,799 square foot full-service spa and health club facility and approximately 249 new underground parking spaces. Again, in 2000, the Vail Town Council passed Ordinance No. 4, Series of 2000, an ordinance repealing ordinance No. 1, series of 2000, and enacting ordinance No. 4, Series of 2000, adopting a revised approved development plan forspecial Development District No. 6, Vail Village Inn, phase lV, to allow the construction of the Vail Plaza Hotel. The purpose of ordinance No. 4 was to allow for one foot of additional building height to permit the construction of housing for 38 employees on the site. In 2001, the Vail Town Council passed Ordinance No. 21, Series of ZO01 , an ordinance adopting a revised approved development plan for special Development District No. 6, Vail Village Inn, Phase lV, to allow for the construction of the Vail plaza Hotel. Daymer corporation submitted a new application for a major amendment to spe_cial Development District No. 6 in response to an alleged error in the public notification of a previously held public hearing. The adoption of ordinance No. 21 resolved the alleged errors in public notification. ordinance No. 21 and ordinance No. 4 were virtually identical in terms of the entitlements granted by each. In 2003, the Vail Town Council passed Ordinance No. 7, Series of 2003, an ordinance amending Ordinance No. 21, Series of 2001, Section 6, approval expir4ion:time limitations, special Development District No. 6, VaiiVillage lnn, to allow for a three-year time limitation on the expiration of the approval of ordinance No. 21, Series of 2001 . ln passing Ordinance No. 7, Series of 2003, the Vail Town councjl extended the expiration date of the approved development plan for the Vail Plaza Hotel to September 4,2004. Pursuant to the entitlements granted by Ordinance No. 21, Series of 2001, the existing hotel and restaurant are proposed to be demolished tq allow for the new construction of the Vail Plaza Hotel. The hotel is approved to be a mixed-use development including residential, commercial and recreational uses. The applicant is approved to construct 99 new accommodation units (hotel rooms) ranging in size from approximately 350 sq. ft. to 370 sq. ft. per unit, 50 parttime fractional fee club units, 18 employee housing units (38 beds) and 1 free-market condominium. The fractional fee club units are considered part-time units, since during the summer months the hotel will retain ownership of the units to rent as short-term accommodation units, and then during the winter months (approximately 24 weeks per year) the units will be sold as fractional fee club units. The Vail Plaza Hotel also includes two restaurants,4,O4T square feet of accessory retail located within the hotel and along the plaza, a 1 5,338 square foot conference facility, a 24,799 square foot full-service spa and health club facility and approximately 249 new underground parking spaces. The approximate total gross square footage of the new hotel is 379,857 square feet. The following is an approximate square footage breakdown of the various uses approved within the hotel: + 62,816 sq.ft. - fractional fee club units* 5,499 sq. ft. - condominium* 35,818 sq.ft.- accommodation units* 6,332 sq. ft. - employee housing units+ 8,375 sq. ft. - restauranUretail* 15,130 sq.ft.- conference/meeting rooms+ 24,817 sq. ft. - spa/health clubt 221 ,070 sq. ft. - common area (mechanical, maid closets, stairs/hallways, parking, office, lobby, etc.) 379,857 sq. ft. gross building square footage The following is a summary of the existing phases and development within the Vail Village Inn Special Development District: Phase I - This phase consists of the buildings located at the southeast corner of the District. Phase I includes two residential dwelling unit approximately 6,059 square feet in size and nine commercial/retail spaces. Phase ll - This phase consists of three residential dwelling units totaling approximately 3,492 square feet in size and three commercial/retail spaces. Phase ll is generally located in the center of the District. Phase lll - This Phase consists of twenty-nine residential dwelling units totaling approximately 44,830 square feet in size and six commercial/retail spaces. Phase lll is located at the northeast comer of the District. Phase lV - This is the original and oldest Phase in the District. This phase consists of one residential dwelling unit approximately 5,000 square feet in size and seventy-two accommodation units comprising approximately 16,5g5 square feet of floor area. Phase lV is generally located in the northwest corner of the tv. District. Phase V - This Phase consists of eleven residential dwelling units and three accommodation units totaling approximately 9,972 square feet of floor area and four commercial/retail spaces. Phase V is located in the southwest corner of the District at the intersection of Vail Road and East Meadow Drive. APPLICABLE PLANNING DOCUMENTS Zoning Regulations According to the Official Town of Vail Zoning Map, the applicant's property is zoned Public Accommodation. Pursuant to the Town of Vail Municioal code. the public Accommodation Zone district is intended, " to provide sites for lodges and residential accommodations for visitors, together with such public and semi-public facilities and limited professional offices, medical facilities, pivate recreation, and related visitor oiented uses as may appropiately be located in the same district. The Public Accommodatian District is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge uses, and to maintain the desirable resort qualities of the District by establishing appropriate site development standards. Actditional nonresidential uses are permitted as conditional uses which enhance the nature of Vail as a winter and summer recreation and vacation community, and where permifted are intended to function compatibly with the high density lodging character of the District;' The Public Accommodation Zone District is intended to provide sites for lodging units with densities not to exceed 25 dwelling units per acre. The public Accommodition Zone District, prior to January 21 , 1997, did not permit interval ownership. on January 21,1997, the Town Council adopted regulations allowing interval ownership subject to the issuance of a conditional use permit. Previously, interval ownership was only allowed as a conditional use in the High Density Multi-family Zone District. on october 5, 1999, the Vail rown council approved ordinance No. 23, series of 1 ggg, amending the development standards prescribed in the public Accommodation Zone District. The amendments included an increase in allowable GRFA up to 1b0%, an increase in site coverage, the elimination of AU's and FFU's in the caiculation of density, revised setback requirements, and other various aspects in the development of properties zoned Public Accommodation. The allowable building height, landscape area and limitation on commercial square footage remained unchanged. ZONING ANALYSIS The development standards for a Special Development District shall be proposed by the applicant. Development standards including lot area, site dimensions, setbacks, height, lensity control, site coverage, landscaping and parking and loading shall be determined by the Town Council as part of the approved development plan, with consideration of the recommendations of the Planning and Environmental commission. Before the Town V. Council approves development standards that deviate from the underlying zone district, it shall be determined that such deviations provide benefits to the Town that outweigh the effects of such deviations. This determination is to be made based upon the evaluation of the proposed special Development District's compliance with the Review criteria outlined in the following section of this memorandum. The community Development Department staff has prepared a zoning analysis for the proposed major amendment. The Vail Plaza Hotel Zoning Analysis compares the development standards permitted in the Public Accommodation Zone District and the 2001 approved amendment to the 2004 major amendment proposal. lt is important to note that the comparison is based on the entire area of the Special Development District. A copy of the vail Plaza Hotel Zonino Analvsis, dated June 14, 2004, has been attached for reference (attachment E). THE SPECIAL DEVELOPMENT DISTRICT MAJOR AMENDMENT PROCESS Chapter 12-9 of the Town Code provides for the amendment of existing Special Development Districts in the Town of Vail. According to section 12-9A-1, the purpose of a Special Development District is, "To encourage flexibility and creativity in the devetopment of land, in order to promote rts mosf appropriate use; to improve the design character and quality of the new development within the Town; to facilitate the adequate and economical provision of sfreels and utilities; to preserue the natural and scenic features of open space areas; and to fufther the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Speciat Development District, in conjunction with the properties underlying zone distict, shall establish the requirements for guiding development and uses of property included in the Special Development Distict.' According to Section 12-gA-2, a major amendment to a Special Development District is defined as, "Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modifi, enlarge or expand any approved special development district (other than .,minor amendments" as defined in this Section), except as provided under Sections 12-154, "lnterior Gonversions", or 12-1S-S, "Gross Residential Floor Area (250 Ordinance)" of this Title." The Town code provides a framework for the amendment of a Special Development Districl. According to the Town code, prior to site preparation, building construction, or other improvements to land within a special Development District, there shall be an approved development plan for the Special Development District. The approved development plan establishes requirements regulating development, uses and activity within the Special Development District. Upon final review of a proposed major amendment of an existing special Development District, a report from the Planning and Environmental Commission stating its findings and recommendations and a staff report shall be forwarded to the Town council, in accordance with the provisions listed in section 12-16-6 of the Town code. The Town Council's consideration of the Special Development District shall be in accordance with the provisions of the Town Code and approved by two readings of an ordinance. An approved development plan is the principal document in guiding the development, uses, and activities of the Special Development District. The development plan shall contain all relevant material and information necessary to establish the parameters with which the Special Development District shall adhere. The development plan may consist of, but not be limited to: the approved site plan; floor plans, building sections, and elevations: vicinity plan; parking plan; preliminary open space/landscape plan; densities; and permitted, conditional, and accessory uses. The determination of permitted, conditional and accessory uses shall be made by the Planning and Environmental Commission and Town Council as part of the formal review of the proposed development plan. Unless further restricted through the review of the proposed Special Development District, permitted, conditional and accessory uses shall be limited to those permitted, conditional and accessory uses in the property's underlying zone district. The Town Code provides nine design criteria, which shall be used as the principal criteria in evaluating the merits of the proposed major amendment to a Special Development District. lt shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. The nine sDD review criteria are listed below: Design compatibility and sensitivity to the immediate environmenf, neighborhood and adjacent properties relative to architectural design, scale, butk, building height, buffer zones, identity, character, visual integrity and orientation. The architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation of the hotel remain largely unchanged as a result of the proposed major amendment. The greatest impact to the building's bulk and mass is a net reduction of over 59,000 square feet of building area. The reduction in square footage is a result of the elimination of surplus parking spaces on the lowest level of the hotel and reductions in the restaurant and retail spaces, conference facilities and spa & health club areas. The Vail Plaza Hotel exterior building materials remain a mixture of stone, stucco and wood. The roof material is proposed to be a tena cotta colored concrete tile with copper flashing. The applicant has proposed to incorporate irrigated flower boxes and copper chimney caps into the design of the hotel to serve as attractive accent elements. A' grayish-brown granite stone will be used around the base of the building. The use of non-reflective glazed windows all around the building reduces the potential of unwanted glare. The applicant has proposed that the exterior stgcco color be an off-white or cream color to blend in with the exteriors of the buildings on the adjoining properties. staff believes that the combination of building materials proposed has been'well incorporated into the design of the Vail Plaza Hotel. The Town of Vail Design Review Board conceptually reviewed the building's exterior design at a public hearing on June 2nd, and with the exception of a few minor recommendations regarding windowtrim, transitions c. between buildings, and roof top mechanical equipment screening, was supportive of the revised proposal. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The Vail Plaza Hotel is approved to be a mixed-use type of development. The mixture of uses includes commercial, lodging, recreational and residential. staff believes the proposed mixture of uses and its proximity to both Vail Mllage and Lionshead remains consistent with the intended purpose of the underlying zoning of Public Accommodation and in keeping with the intent of Vail Land Use Plan. Further, staff continues to believe that the proposed uses within the Vail Plaza Hotel will compliment those existing uses and activities on surrounding and adjacent properties. The proposed density of the hotel and the presence of the conference facilities will improve and enhance the viability and success of the existing restaurant and retail businesses in the immediate area. The applicant is continuing to provide housing for 38 employees on the hotel site. overall, staff believes that the density and uses proposed bylhe applicant for the Vail Plaza Hotel do not conflict with the compatibility, efficiency or workability of the sunounding uses and activities on adjacent properties. In fact, staff continues to feel that the proposed Vail Plaza Hotel redevelopment will substantially enhance the existing uses and activities in the community. compliance with parking and loading requirements as ouflined in Ghapter 12-1o ot the Vail Town Code. The Vail Plaza Hotel major amendment proposal has been reviewed for compliance with the parking and loading requirements, as amended and prescribed in chapter 12-10, ol the Vail rown code. The applicant is proposing to provide a total of 250 parking spaces. Included in the number of spaces that the applicant is proposing to provide is 75 parking spaces which are currently in deficit within the Special Development District. The vail Plaza Hotel has proposed a centralized loading facility for the hotel and surrounding uses within the special development district. Pursuant to the prescribed loading regulations, five loading berths are required to be provided. To insure compliance with the applicable regulation the applicant is proposing to provide five loading berths within an enclosed facility. Vehicular access to the facility is taken from the South Frontage Road. The design of the access creates forward-in and fonryard-out traffic flow and provides adequate maneuvering and tuming space within the lot lines of the development site. The flow of traffic on the South Frontage Road will not be impeded by the maneuvering of delivery vehicles. Furthermore, pursuant to the prescribed regulations, the loading facility will not be located in the required setback, nor will it block access to the parking spaces within the Phase lll Condominium Building. Lastly, the five loading berths more than adequately meet the size requirements (12' x24'x 14;) outlined in the regulations. Upon review of the proposed parking and loading/delivery plan for the Vail Plaza Hotel, the staff finds that the proposal may meet the intent of the Town's parking requirements and, exceeds the loading and delivery requirements. A final determination of the proposed parking and loading/delivery adequacy can be made by the staff once the applicant has addressed the issues outlined in the memorandum from the Public Works Department, dated June 7,2004. we believe in the end that given the proposed and existing uses within the district, the proximity of the development site to the vail Transportation Center, the immediate availability of public transportation and recent q trends in destination resort travel, the proposed parking spaces will adequately provide for the needs of District. Additionally, in a recent parking study undertaken by the Town of Vail, the consultant working with the Town recommended a significant reduction in the required number of parking spaces for fractional fee club units. The reduction has been recommended as the use of the club unit is more similar to the use of an accommodation unit. The maximum parking space requirement for an accommodation units is one space, regardless of size. D. Gonformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design plan. VailLand Use Plan (in part) The Vail Land Use Plan map and the goal statements are intended to serve as the primary focus for the review of development proposals, along with Town ordinances and regulations. Any project should be reviewed within the context of the intent of the overall Plan Document. The Land Use Plan is intended to provide a general framework to guide decision making but is not intended to be regulatory in nature. The goals contained in the Vail Land Use Plan are to be used as the Town's policy guidelines during the review process for a major amendment to an existing special development district. According to the Vail Land Use plan, the proposed hotel redevelopment site is located within the Vail Village Area. According to the prescribed key goals of the Vail Land Use Plan for the Vail Village Area, in part, Commercial grovvth should be concentrated pimarily in existing commercial areas to accommodate both local and visitor needs, and New hotels should continue to be located pimaity in the Village and Lionshead areas, and lncreased density for commercial, residential and todging uses in the Core areas would be acceptable so long as the existing character of each area is being preserved. Staff has reviewed the Vail Land Use Plan and believes the following policies are relevant to the review of this proposal: 1. GeneralGrowth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water, and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgrade whenever possible. 10 1.4 The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infi ll). 3. Commercial 3.1 The hotel bed base should be preserved and used more efficienfly. 3.2 The Village and Lionshead are the best location for hotels to serve the future needs of the destination skier. 3.3 Hotels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 4. Villaqe Core/Lionshead 4.1 Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 4.2 lncreased density in the Core areas is acceptable so long as the existing character of each area is preserved through the implementation of the Urban Design Guide Plan and the Vail Village Master plan. 5. Residential 5.1 Quality timeshare units should be accommodated to help keep occupancy rates up. 5.2 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. The Vail Land Use Plan projects a need for additional lodging units in the Town of Vail. while the statistical information used to project need is mostiikely outdated, staff believes there continues to be a need for additional lodging units in the Town of vail. The Plan projected a need for a total of 395 additional lodging units by the year 2000. staff believes the proposed major amendment of Special Development District No. 6 meets the intent, goals, and policies of the Vail Land Use plan as ouflined above. Vail Villaqe Master Plan According to the Vail Village Master Plan, the Plan is intended to serve as a guide to the ' staff, review boards and the Town Council in analyzing future proposals for dLvelopment 11 in Vail Village and in legislating effective ordinances to deal with the development. The most significant elements of the Master Plan are the goals, objectives, policies and action steps. They are the working tools of the Master Plan. They establish the broad framework and vision, but also layout the specific policies and action steps that will be used to implement the Plan. As noted on page 35 of the Master Plan, "lt is impoftant to note that the likelihood of project approval will be greatest for ffiose proposa/s that can [g!!y comply with the Vail Village Master PIan." Staff believes this statement re-emphasizes that the Master Plan is a general document providing advisory guidelines to aid the Town in analyzing development proposals and that 100% compliance is not required in order for a project to be approved. The staff has identified the following goals, objectives and policies as being relevant to this proposal: Goal #1 Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. 1.1 Obiective: lmplement a consistent Development Review Process to reinforce the character of the Village. 1.1.1 Policv: Development and improvement projects approved in the Village shall be consistent with the goals, objectives, policies and design considerations as outlined in the Vail Village Master Plan and Urlcan Design Guide Plan. 1.2 Obiective: Encourage the upgrading and redevelopment of residential and commercial facilities. 1 .2.1 Policv:. Additional development may be allowed as identified by the action plan as is consistent with the Vail Village Master Plan and Urban Design Guide Plan. 1.3 Obiective: Enhance new development and redevelopment through public improvements done by private developers working in cooperation with the Town. 1.3.1 Policv: Public improvements shall be developed with the participation of the private sector working with the Town. Goal #2 To foster a strong tourist industry and promote year-round economic health and viability for the Village and for the community as a whole. 2.1 Obiective: Recognize the variety of land uses found in the 10 sub- 12 areas throughout the Village and allow for development that is compatible with these established land use patterns. 2.3 Obiective: Increase the number of residential units available for short- term, overnight accommodations. 2.3.1 Policv: The development of short-term accommodation units is strongly encouraged. Residential units that are developed above existing density levels are required to be designed or managed in a manner that makes them available for short-term overnight rental. 2.4 Obiective:Encourage the development of a variety of new commercial activities where compatible with existing land uses. 2.5 Obiective: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. 2.5.1 Policv: Recreation amenities, common areas, meeting facilities and other amenities shall be preserved and enhanced as a part of any redevelopment of lodging properties. 2.6 Obiective: Encourage the development of affordable housing units through the efforts of the private sector. 2.6.1 Policv: Employee housing units may be required as part of any new or redeveloped project requesting density over that allowed by existing zoning. Goal #3 To recognize as a top priority the enhancement of the walking experience throughout the Village. 3.1 Obiective: Physically improve the existing pedestrian ways by landscaping and other improvements. 3.1.1 Policv: Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways. 3.1.3 Policv: Flowers, trees, water features and other landscaping shall be encouraged throughout the Town in locations adiacent to. or visible from. public areas. Minimize the amount of vehicular traffic in the Village to the greatest extent possible. 3.2 Obiective: 13 3.2.1 Policv: Vehicular traffic will be eliminated or reduced to absolutely minimal necessary levels in the pedestrianized areas of the Village. 3.4Obiective: Developadditionalsidewalks,pedestrian-onlywalkways and accessible green space areas, including pocket parks and stream access. 3.4.2 Policv: Private development projects shall be required to incorporate new sidewalks along streets adjacent to the project as designated in the Vail Village Master Plan and/or Recreation Trails Master Plan. Goal #4 To preserve existing open space areas and expand green space opportunities. 4.1 Obiective: lmprove existing open space areas and create new plazas with green space and pocket parks. Recognize the different roles of each type of open space in forming the overall fabric of the Village. 4.1.4 Policv: Open space improvements, including the addition of accessible green space as described or graphically shown in the Vail Village Master Plan and/or Urban Design Guide Plan, will be required in conjunction with private infill or redevelopment projects. Goal #5 Increase and improve the capacity, efficiency and aesthetics of the transportation and circulation system throughout the Village. 5.1 Obiective: Meet parking demands with public and private parking facilities. 5.1 . 1 Policv: For new development that is located outside of the Commercial Core 1 Zone District, on-site parking shall be provided (rather than paying into the parking fund) to meet any additional parking demand as required by the Zoning Code. 5.1.5 Policv: Redevelopment projects shall be strongly encouraged to provide underground or visually concealed parking. Goal #6 To insure the continued improvement of the vital operational elements of the Village. 6.1 Obiective:Provide service and delivery facilities for existing and new development. 1.URBAN DESIGN CONSTDERATTONS (in part) 74 These considerations relate to general, large-scale land use planning issues, as well as form considerations which affect more than one property or even whole areas. These considerations are primarily the purview of the Planning and Environmental Commission. B. VEHICLE PENETRATION To minimize congestion to the extent possible, all non-resident traffic should be routed along the Frontage Road to Vail Village/Lionshead parking Structures. ln conjunction with pedestrianization objectives, major emphasis is focused upon reducing auto penetration into the center of the Village. Vail Road and Vail Valley Drive will continue to serve as major routes for service and resident access to the Village. Road constrictions, traffic circles, signage, and other measures are indicated in the Guide Plans to visually and physically discourage all but essential vehicle penetration upon the Frontage Road. Alternative access points and private parking relocation, where feasible, should be considered to further reduce traffic conflicts in the Village. o Sfar7Response: The redevelopment of the Vail Plaza Hotet witt increase vehicular traffic in the Main Vait RoundaboutandonVail Road. Asaconditionofapproval pursuanttoOrdinanceNo.2l , series of 2001 , the applicant is obligated to construct improvements to the south Frontage Road and vail Road. Due to the net reduction in the various uses on the development staff anticipates a minimal reduction in vehicte trips. The minimal reduction in trips does nof alter the traffic improvements required of the developer. Staff feels the applicant has addressed frarTic issues to the extent posslb/e. F. BUILDING HEIGHT Vail Village is perceived as a mix of two and three story facades, although there are also four and five story buildings. The mix of building heights gives variety to the street, which is desirable. The height criteria are intended to encourage height in massing variety and to discourage uniform building heights along the street. r SfaffResponse: No changes to the allowable building height are proposed, nor should any be approved. H. SERVICE AND DELIVERY Any building expansion should preserve the functions of existing service alleys. The few service alleys that exist in the village are extremely important tominimizing vehicle congestion on pedestrian ways. The use of, and vehicular access to, those alleys should not be eliminated except where functional alternatives are not provided. In all new and remodeled construction, delivery which avoids or reduces impacts on pedestrian ways should be explored; and adopted whenever practical, for immediate or future use. Rear access, basement and below ground delivery corridors reduce 15 E. F. congestion. Weather protection increases delivery efficiency substantially. Below grade delivery corridors are found in a few buildings in Vail Village (SitsmarUGore Creek Plaza, Village Center, Vail Village Inn). Consideration should be given to extending these corridors, where feasible, and the creation of new ones. As buildings are constructed or remodeled, the opportunity may exist to develop segments of a future system. . Starf Response; Through the course of sfaffs oiginal review of the vait Plaza Hotel redevelopment proposal, several loading and delivery options were explored. The applicant had originally proposed to provide far fewer berths than what the cunent approval requires. Ihe current approval requires five berths. The five befths will be able to be utilized by the entire vail village lnn Plaza and are connected vra a senbs of elevators and below grade service areas. The seruice areas are located away from areas of major pedestian activity. The main service area is adjacent to the south Frontage Road in an enclosed facility. The centralized appraach to this facility is unprecedented in Vail. The applicant has redesigned and reconfigured the entry to the Ioading and delivery area of the building. While there appears to be several advantages to the new design, staff recommends that the developer addresses the 73 rssues identified in the memorandum from The Town of vail Public works Depaftment, dated June 7, 2004, prior ta receiving a final recommendation from the Planning and Environmental Commission for this major amendment application. ldentification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. According to the Official Town of Vail Hazard maps the Vail Plaza Hotel development site is not located in any geologically sensitive areas or the 100-year floodplain. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The site plan, building design and location, and the open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community remain largely unchanged with this major amendment. The most significant changes to the site plan includes the following two aspects; 1) vehicular access to the site from Vail Road, and 2) the design and layout of the outdoor pool area. Vehicular access is now limited to one point of ingress/egress with the resulting necessary vehicular circulation occurring within the property lines. As approved, two curb cut were to be provided on Vail; one for ingress to the porte cochere and underground parking structure and a second forexiting the property. overall, staff believes that the proposed major amendment complies with the criteria as outlined above. t6 G.A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. The redesigned on-site/off-site vehicular and pedestrian circulation system design has been discussed in great detail. The Board and Commission centered their discussions on providing adequate pedestrian and vehicular access to & from and within the development site. ln response to the concems, the applicant has redesigned many areas of the plan. The pedestrian areas include the pedestrian connection through the hotel to the Gateway Building, the alleyway spaces between the hotel and Phases lll & V, the plaza area south of the hotel, and the pedestrian link from the hotel entrances to the new bus stop on East Meadow Drive. The vehicular areas included providing adequate turning and maneuvering area at the porte cochere, the entrance only and exit only driveway locations on Vail Road and the entering and exiting design of the loading/ delivery facility. Pursuant to the submittal requirements for the previous major amendment request, the applicant was required to submit a Traffic Report. A Traffic Report was prepared by the traffic consulting firm of Felsburg, Holt & Ullevig. The purpose of the report was to evaluate the impacts of the hotel development and the proposed trafiic pattern circulation on the Town's street system. This report was used by staff to analyze traffic impacts of this project. In summary the transportation engineers found that the proposed vehicular circulation system is reasonable and appropriate. lt is believed that through minor mitigation measures such as signage and an "enter only/exit only''design the traffic impacts and safety concerns of the Town can be resolved. overall, staff believes that with several minor changes and revisions to the plans, the proposal meets the criteria of providing adequate on-site and off-site vehicular and pedestrian circulation systems. Again, however, staff recommends that the developer addresses the 13 issues identified in the memorandum from The Town of vail public works Department, dated June 7, 2004, prior to receiving a final recommendation from the Planning and Environmental commission for this major amendment application. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. Since the adoption of the approved development plan the applicant has submitted a final landscape plan to the Town of Vail Community Development Department for review and approval of the plan by the Design Review Board. Staff believes that the landscape improvements proposed will be beneficial to the quality of the landscaping in both the public and private spaces in the vicinity of the hotel. Through the implementation of the Town of Vail streetscape Master plan, a portion of East Meadow Drive will be enhanced aesthetically. The improvements will include new lleated brick paver walkways, the completion of the bus stop, updated streetscape lighting, and wider pedestrian walkways and stairs. The landscape elements of the proposal have been reviewed on a conceptual basis by the Town of Vail Design Review Board. upon review of the proposal the Board has voiced a favorable response to the applicant. A final landscape plan shall be reviewed and approved by the Design Review Board prior to the issuance of a building permit. The design of the plaza area south of the hotel is consistent the previous direction and intent H. -1 1 vil. of the overall development of the District. The creation of the plaza, with the associated pool area, landscaping, outdoor caf6, pedestrian walkways and retail store fronts complies with the guidelines of the Open Space Plan, an element of the Vail Village Master Plan. Pursuant to the Open Space Plan, the area south of the hotel and interior to the development is intended to be a public plaza with greenspace opportunities. Staff believes that based upon the sun/shade analysis prepared by the applicant, the plaza area will receive adequate amounts of sun light throughout the year. The access to sun light wif l insure a pleasant, useable plaza area in the Town. The proposed pool and hot tub deck area is intended to address the recreational needs of the District. The use of these recreational amenities will be made available to the owners of property within the District. The new pool will replace the existing pool on the Phase lV development site and will insure consistency with the general direction of the Open space Plan. Overall, staff believes that the proposal complies with this criteria. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. ln accordance with Ordinance No. 21 , Series of 2001 , Section 5, in part, " . ..the phasing of the construction of the hotel shall not be permitted.'l the applicant is not requesting approval to phase the construction project. A construction staging plan will be required at the time of building permit issuance. The plan will be reviewed to maximize the workable and functional relationship between the redevelopment of the hotel and the existing uses, structures and traffic systems in the vicinity of the development site. The goal of the plan will be maximize the efficiency of the construction process and to minimize the negative impacts inherent to major construction projects. OUTSTANDING ISSUES staff has identified a number of outstanding issues that need to be addressed by the applicant. Staff is recommending that each of the issues identified in this section of the memorandum be addressed by the applicant prior to the Planning and Environmental commission fonrvarding a recommendation to the Vail rown council on the proposed major amendment. Included in the list of issues are several of the existing conditions of approval, as outlined in Section 5, Ordinance No. 21, Series of 2001. . submit revised plans to the Town of Vail community Development Department for review and approval of the thirteen (13) issues identified in the letter from the Public Works Department, dated June 7, 2004. r That the Developer submits a detailed final landscape plan and final architectural elevations for review and approval of the Town of Vail Design Review Board, prior to application for a building permit. . That the Developer submits a complete set of plans to the colorado Department of Transportation for review and approval of an access permit. r That the Developer submits a complete set of plans responding to the design 18 concerns expressed by Greg Hall, Director of Public Works & Transportation, in his memorandum to George Ruther, dated 12113199. The drawings shall be submitted, reviewed and approved by the Town Engineer, prior to final Design Review Board approval. . That the Developer submits a final exterior building materials list, a typical wall sections, architectural details and a complete color rendering for review and approval of the Design Review Board. r That the Developer submits a roof-top mechanical equipment plan for review and approval of the Design Review Board. All roof-top mechanical equipment shall be incorporated into the overall design of the hotel and enclosed and screened from public view. . That the Developer studies and redesigns the entrance on the north side of the hotel across from the entrance to the Gateway Building to create a more inviting entrance or a design that redirects pedestrians to another entrance. The final design shall be reviewed and approved by the Design Review Board. r That the Developer revises the proposed floor plans for the Vail Plaza Hotel to provide freight elevator access to the lowest level of the parking structure. The revised plans shall be submitted to the Town of Vail Community Development Department for review and approval prior to the issuance of a building permit. o That the Developer redesigns the proposed elevator tower to create an architectural feature atop the tower and revises the proposed building elevations and roof plan, prior to final review of the proposal by the Design Review Board. The Board shall review and approve the revised design. r That the Developer submits a written letter of approval from adjacent properties whose property is being encroached upon by certain improvements resulting from the construction of the hotel, prior to the issuance of a building permit. . That the Developer addresses the issues identified by the Community Development Department as rediined revisions on the proposed major amendment application submittal plans. VIII. STAFFRECOMMENDATION The Community Development Department is recommending that the Planning and Environmental Commission tables the request for a major amendment to Special Development District #6 to allow for redevelopment of Phase lV of the Vail Village Inn. Staff's recommendation for tabling is based upon the review of the criteria outlined in Sections V & Vl of this memorandum and the list of outstanding issues outlined in Section Vll of this memorandum. While staff believes that the proposal is in general compliance with the nine design criteria, as identified in this memorandum, we believe that the outstanding issues must be addressed by the applicant prior to the Planning and Environmental Commission making a recommendation on this application to the Vail Town Council. r. In reviewing the proposal, staff identified a number of pros and cons that we believe are 79 associated with the amended hotel proposal. The list includes, but is not limited to, the following: PROS o The presence of economic redevelopment in Vail.. An increase to the Town's supply of hotel beds and an increased level of quality.. The implementation of the Town's development goals, objectives, and policies.. The creation of new, deed restricted employee housing to offset the housing impacts associated with the hotel.r The elimination of an unsightly surface parking lot.. The completion of the final phase of the Vail Village Inn Special Development District.r The construction of new conference and meeting room facilities within the Town.. The construction of public improvements funded with private dollars.. The potential increases in sales tax revenue.r An increased amount of public open space.. An improved and updated loading/delivery facility which is relocated from Vail Road.. The provision of 18 on-site employee housing units. CONS r Increased vehicular traffic on Vail Road.. Deviations from the underlying zoning development standards are required.r The bulk and mass of the new hotel is significantly greater than the sizes of buildings presently on the development site.. There are increased impacts of shading on public areas.o The conference and meeting room facilities are potentially under-sized.. Additional views of Vail Mountain from public areas will be negatively impacted.. Only a poftion of the dilapidated plaza paver surface is being replaced and improved.r Increased loading/delivery truck traffic on Town streets.. There is only a marginal net increase of true accommodation units over what exists today.r An eighteen to twenty-four month construction process (noise, construction traffic, etc). Should the Planning & Environmental Commission choose to recommend approval of the requested major amendment to the Vail Town Council, staff would recommend that the Commission make the following finding: "That the proposed major amendment to Special Development District #6, Vait Village lnn, complies with the nine design citeia ouilined in Section 12-9A-B of the Town of Vail Municipal Code. The applicant, as required, has demonstrated to the satisfaction of the Commission that any adverse effects of the requested deviations from the development sfandards of the undertying zoning are outweighed by the public benefits provided or has demonstrated that one or more of the development standards is not applicable, or that a practical solution consislenf with the public interest has been achieved. Fufther, the Commission finds that the requested conditional use permit to altow for the operation of a fractional fee club complies with the appticable citeria and is consistent with the development goals and objectives of the Town. Lastly, public notice of this public 20 heaing has been sent fo adjacent propefi owners and pubtished in a local newspaper of record in accordance with Section 12-J-6C of the Town Code." Should the Planning & Environmental Commission choose to recommend approval of the requested major amendment, staff would recommend that the approval carry with it the following conditions: 1. That the Developer provides a centralized loading/delivery facility for the use of all owneG and tenants within Special Development District No. 6. Access or use of the facility shall not be unduly restricted for special Development District No. 6. The loading/delivery facility, including docks, berths, freight elevators, service corridors, etc., may be made available for public and/or private loading/delivery programs, sanctioned by the Town of Vail, to mitigate loading/delivery impacts upon the Vail Village loadingldelivery system. The use of the facility shall only be permitted upon a finding by the Town of Vail and the Developer that excess capacity exists. The Developer will be compensated by the Town of Vail and/or others for the common use of the facility. The final determination of the use of the facility shall be mutually agreed upon by the Developer and the Town of Vail. 1. That the Developer submits detailed civil engineering drawings of the required off-site improvements (street lights, drainage, curb and gutter, sidewalks, grading, road improvements, etc.) as identified on the off-site improvements plan to the Town of Vail Public Works Department for review and approval, prior to application for a building permit. 2. The sdd approval time requirements and limitations of Section 12-gA-12 shall continue to apply to Ordinance No. 7, Series of 2003 (September 4, 2004). ln addition, the phasing of the construction of the hotel shall not be permitted. 3. That the Developer submits the following plans to the Department of community Development, for review and approval, as a part of the building permit application for the hotel:a. An Erosion Control and Sedimentation Plan;b. A Construction Staging and Phasing plan; c. A Stormwater Management Plan;d. A Site Dewatering Plan; ande. A Traffic Control Plan. 4. That the Developer records public pedestrian easements between the hotel and the Phase lll condominiums, between the hotel and the phase V Building, and along the Vail Road frontage. The easements shall be prepared by the Developer and submitted for review and approval of the Town Attorney. The easements shall be recorded with the Eagle County Clerk & Recorder's Office prior to the issuance of a Temporary Certificate of Occupancy. 5. That the Developer records a deed-restriction, which the Town is a party to, on the Phase lV property prohibiting the public use of the spa facility in the hotel. said restriction may be revoked if the Developer is able to demonstrate to the satisfaction of the Town that adequate provisions for vehicle parking have been made to accommodate the public use of the spa. The restriction shall be recorded prior to the issuance of a building permit. 27 6. That the Developer submits a comprehensive sign program proposal for the Vail Plaza Hotel for review and approval of the Design Review Board, prior to the issuance of a Temporary Certificate of Occupancy. 7. That the Developer posts a bond with the Town of Vail to provide financial security for the 125o/o of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a building permit. 8. That the Developer installs bollards or similar safety devices at the intersection of the delivery access driveway and the sidewalk along the South Frontage Road to prevent conflicts between pedestrians and vehicles, prior to the issuance of a Temporary Certificate of Occupancy. 9. That the Developer coordinate efforts with the owners of the Gateway Building to create a below ground access for loading and delivery to the Gateway from the Vail Plaza Hotel to resolve potential loading and delivery concerns at the Gateway. lf a coordinated effort can be reached the Developer shall submit revised plans to the Town of Vail Community Development Department for review and approval, prior to the issuance of a building permit. 10. That the Developer, in cooperation with the Town of Vail Public Works Department design and construct a left-turn lane on Vail Road and reconfigure the landscape island in the South Frontage Road median to eliminate left-turns from the loading/delivery. The construction shall be completed prior to the issuance of a Temporary Certificate of Occupancy. IX. ATTACHMENTS Attachment A - Vicinity map illustrating the location of the proposed amendment. Attachment B - summary of the proposed amendments to the plans from Tim Losa, Zehren and Associates, Inc., dated May 6, 2004. Attachment C - A complete set of reduced plans. Attachment D - A copy of the Vail Plaza Hotel Proposal Comparison. dated June 14, 2004. Attachment E - A copy of the Vail Plaza Hotel Zoninq Analvsis, dated June 14, 2004. Attachment F - Letters from Public Works dated June, 7 2004, and December 1 3. 1999. ZZ From: Chad Salli Date: June 7,2004 Subject Vail Plaza Hotel After reviewing the submitted plans for the Vail Plaza Hotel site, Public Works comments are as follows: 1. Double check survey information to make sure they are all on the same datum2. Provide centerline profile of all access points 3. S. Frontage Rd: C-DOT access permit is required for access, concern (left out accident history) exists in maintaining this access as full movement with the close proximately to the main Vail roundabout, right in/right out only movement may be required, landscaped median required, 6' heated brick paver walk with curb & gutter required from Vail Rd to east side of building to the east (Village Inn Plaza), 6' concrete walk with curb & gutter from Village Inn Plaza to Village Center intersection. Plan and profiles will be required4. Vail Rd: left tum is only to serve the Vail Plaza Hotel access, no median on Vail Rd required, 6' heated brick paver walk required from S. Frontage Rd to Meadow Dr. Plan and profiles will be required 5. Meadow Dr: Streetscape improvements required per East Meadow Dr plans 6. ls access to building to the east still going to be provided thru the loading/delivery area? lf not, how is access going to be maintained and is access easement going to be vacated? 7. Loading/delivery area is to serve the buildings to the south via a tunnel, please show how this is to function. 8. Loading/delivery area is to serve the building to the west, please show how this is to function. 9. Please show circulation and turning movements for the loading/delivery area, all turning movements must be done entirely on site. 10. Grading and drainage plan needed. 1 1. Sediment and erosion control plan needed. 12. vehicular circulation in the porte-cochere should be counter-clockwise for driver expectancy 13. Incorporate public art into development work with AIPP Board and Coordinator Should you have any questions, feel free to give me a call 926-216g. a2 Memorandum To: George Ruther, Senior Special Projects planner From: Greg Hall, Director of Public Works and Transportation Subject Vail Plaza Hotel - Review of the November 23. 1999 plans Date: December 13. 1999 I have completed my review of the Vail Plaza Hotel and have the following comments and concerns. some of these are truly comments, which should be corrected as the project progresses through the development process, and others are concems or conditions, which shall be taken care of at the appropriate times in the process. The following corrections to the plans are required: o The scale stated on the site illustrative plan is inconect, please label conectly.o Sheet-Level Minus Two, the elevation of the ramp from above proceeding to the 6 o/o erade at the lowest level is not 145' as indicated.n Provide the slope (%) of the parking area in the lowest valet area and the location where the grades change from 128' to 1 30'.o Please show all access points and doorways to elevators and hallways. Specifically, access to the elevators in the Level Minus Two, this may cause valet spaces to be eliminated. Access to the small elevator lobby from the loading berth, and access from the loading berth to the freight elevators. The exact location of the garage door into the Phase lll parking structure. Show the staging area in front of the freight elevator and how this may impact access to Phase lll and the safety of those using the elevator. Show the location of the trash pickup.a The eastside curb alignment of Vail Road is shown per the survey. However, there appears to be one shot out of line, this causes a jog right at the hotel entry, which doesn't exist.'The curb moves one foot at this location.s The widths of Vail Road, the South Frontage Road and East Meadow Drive along with the exact locations of the curbs of the roundabout and median islands and opposite side of the street will need to be shown accurately prior to first reading before the Town Council. lssues for Discussion There has been significant discussion with regards to whether a left-turn lane is required on Vail Road. The hotel location as it is presently designed would not have to move if the desire for a left-tum is there. A pedestrian easement would be required to push the walk east to make room for the additional 12' lane. Virtually all of the landscaping on the east side of the road would be lost. A space of 3' to 1 1' wide as you go north would exist on the south building and the space would be 8' to 15' along the north building. The need for a left-turn lane was specifically reviewed and evaluated by the traffic consulting firm of Felsburg, Holt & Ullevig. In the Traffic Report prepared by the cbnsulting engineer, i-he .A engineer has stated that based upon traffic projections, vehicles "backing up" into the roundabout traffic would not occur. A review of the roundabout design with regards to Vail Road trafiic determined that at current volumes, there is a flow of 321 vehicles in the AM peak hour with a capacity to take 1501 vehicles and a maximum queue of 1 vehicle, in the PM peak flow was 484 vehicles with a capacity to take 1423 vehicles and a maximum queue of 2 vehicles. The roundabout design allows for a 50% increase in peak flows with the AM having a peak hour flow of 481 vehicles with capacity of 1172 vehicles with a maximum queue of 2 vehicles. The PM peak flow would be 735 vehicles with a capacity of 1055 vehicles and a maximum queue of 7 vehicles. This queue does not impact the entry into this site. The Vail Plaza Hotel Traffic Report states the current northbound traffic volume of Vail Road is 695 vehicles. The added trips to Vail Road will be approximately 57 trips in and 40 trips out, during the peak PM period. They also analyzed that the trips were turning in against g00 vehicles verses the 735 trips. As estimated in the future roundabout calculations. The second issue is that the loading bay requirements for the site were to accommodate the turning maneuvers of a 30' single axle truck, a 45' over the road coach and a S0-foot semi tractor trailer on-site, and to additionally to allow a 65' semi tractor trailer to maneuver without impeding the flow of traffic on the South Frontage Road. The applicant has provided an access and maneuverability plan, which illustrates that the maneuvering of the vehicles takes place partially off-site, in the right-of-way. However, no backing motions occur across any sidewalks and the traffic flow on the South Frontage Road is not impeded. Extending the proposed South Frontage Road median through this access point could solve the question of the left turn out for the frontage road access. lt would be desirable to at least provide a left tum pocket east bound somewhere in the frontage road to allow U-turns of passenger cars at a point that is determined appropriate. This is most likely at Village Center Chute. The landscape median would need to be extended the entire length to ensure this takes place where determined. This entire access plan on the frontage road will require a colorado Department of Transportation revised access permit. The transportation engineers at CDOT have the authority to decide howthe access functions. lmprovements and Gonditions . The required improvements for this development are a 6' heated paver walkway from the east property line of the SDD to the Gateway Building. In addition any revisions to the curb will require new curb and gutter and modifications or additions to the storm sewer system. The extension of Village-style street lights is also required. Any necessary modificjtions to utilities, landscaping, irrigation systems and required retaining walls shall be the responsibility of the developer. The walkway will be delineated in pavers across the driveways behind the cross pans. ' Frontage Road landscape medians to include curb and gutter, concrete unit paver aprons, any masonary rock walls, plant material, bedding mix to TOV specifications, and irrigation system and water connections and sleeves. 25 lmprovements to Vail Road include a heated 8' paver walkway from the Gateway Building property to East Meadow Drive. All additional improvements to allow for this to take place as similarly as stated above for the frontage road are also the responsibility of the developer. In addition, adding curb, gutter and a 6' concrete walk from the east property line of the SSD to and around the curb return of Village center chute on the south Frontage Road. Any modifications to the drainage system to accomplish this work are considered the requirement of the curb. Work such as retaining walls and utility modifications are the responsibility of the Town of Vail. Details of the improvements from Vail Road to the west edge of the Phase I building (Base Mountain Sports) along with the improvements of the bus stop along East Meadow Drive are as follows a heated paver walkway attached to the street and bus stop along with all modifications to drainage, utilities, retaining walls, drainage systems, irrigation, landscape modifications street lighting and any adjacent property improvements impacted. The orange street lights existing along the entire length of East Meadow Drive shall be changed to the Village-style street light fixture. This installation shall be completed by the developer. A final grading and drainage plan be prepared and alt drainage systems carrying runoff from public right of ways require drainage easements. The final grading plan will have all grades to the tenth of a foot . A final landscape plan showing sight distances, snow storage areas, and all existing vegetation impacted. The entire building will require a guttering system , heat tape and piping to the storm sewer to be provided. That snow shedding is addressed for the entire building. The pedestrian walks along Vail Road and the other pedestrian mews are established as public pedestrian easements. Complete civil-engineered plans are approved prior to submitting for the building permit. 25 Lot Size:1.467 acres or 63,902.5 sq. ft. (Phase lV and lV-A only) 3.45 acres or 150,282 sq. ft. (All Phases) Development Standard Underlying Zoning Public Accommodation Ex VailVillaE Lot Area:10,000 sq. ft. min.150,282 GRFA:up to 150% or 225,423 sq. ft.84o/o or 126,659 s (90,021 sq. ft. to remain ol (36,638 sq. ft. to be demoli Dwelling Units per acre: 25 dulacre or 86 units (AUIFFU/EHU unlimited) 13.3 du/acre or 4€ Site Coverage:65% or 97,683 sq. ft.37o/o or 56,188 Setbacks: front:20' sides:20' rear:20' Height:48'sloping 68'sloping (Pha 2"t o Parking:per TOV Code Section (373 required at bui per Loading:per TOV Code Section 3l Commercial sq. footage: 10% of allowable GRFA or 22,542 sq.ft. 30% of t or 38,261 sr Notes: * Includes GRFA added (2,132 sq.ft.) for Alpenrose amendment in June 2003** Reflects 700 sq. ft. of restaurant area removed with Alpenrose amendment in June 2003 and 4,500 sq. ft. in Craig's Market being demolished. 2B o Development Standard Approved 2001 SDD Major Amendment Proposed 2004 SDD Major Amendment Lot Area:150,282 sq. ft.150,282 sq. ft. GRFA:122% or 183,851 sq.ft."125o/o ot 188,795 sq. ft.* Dwelling Units per acre: 13.3 du/acre or 46 units 13.33 du/acre or 46 units Site Coverage:610/o or 92,036 sq. ft.610/o ot 92,036 sq. ft. Setbacks: front:16',16' sides:5"2"&0'5"2"&0' rear:5'5' Height:77.25'sloping 99.75'(tower) 77.25'sloping 99.75'(tower) Parking:287 parking spaces (249 new parking spaces) (38 existing @ Phase lll) 249 parking spaces (211 new parking spaces) (38 existing @ Phase lll) 29 Loading: Commercial sq. footage: 24% of GRFA or 44,528 sq.ft.** 21o/o of GRFA or 39,726 sq. ft."* Conference Space:15,130 sq. ft.12,821 sq. ft. Common Areas:221,070 sq. ft.178,008 sq. ft. TotalGross Floor Area: 379,857 sq. ft.319,237 sq. ft. Notes: * Includes GRFA added (2,132 sq.ft.) for Alpenrose amendment in June 2003** Reflects 700 sq. ft. of restaurant area removed with Alpenrose amendment in June 2003 and 4,500 sq. ft. in Craig's Market being demolished. 30 T T IIOdKil T'APII.[A, AIDPICTT TrutPN Professional Corporatior ATTORNEYS ATLAW 200 Crand Avenue, Suitc 400 Post Olfice Box 40 Grand Junction, Colorado 81502 Teiephone (9?0) 2424903 Facsimne (970) 241-3760 Gregory K. Hoskin Terance L. Farina Fredcrick G Aldrich Gregg K. Kampf David A. Young€r . David M. Scalrga Michael J. Russell John T. Howe John A Srddeek Laurie A. Crihill Bnrdin Hay David M. Dodero Antirony F. Prinster OfCoursel William H. Nelson (1926-1992) G@PV Lorelei Donaldson, Town Clerk Town of Vail 75 South Frontage Road Vail, Colorado 81657 Depar"tment of Community Development Attn: Planning and Environmental Services Town of Vail 75 South Frontage Road Vail, Colorado 81657 Department of Community Development Athr: Charlie Davis, Chief Building Offrcial Building, Safety and Inspection Services Town of Vail 75 South Frontage Road Vaii, Colorado 81657 Major Amendment to SDD No. 6, Vail Village Inn, Phase IV Vail Plaza Hotel - Developer Dalrner Corporation, N.V. Dear Sir/lVladam: Please note for your records that this law firm has been asked to represent the interests of Village Inn Plaza Condominiums, Phase I, Phase II, Phase III, and Phase V, in regard to the abov e-referenced proj ect. We have recently received correspondence frorr Dayrner Corporation, N.V., advising us that it intends to start construction of the Vail Plaza Hotei on the Vaii Village Inn site. Da)'mer is also requesting a "Lateral Shoring" agreement prior to the commencement of construction. We believe, but are not certain, that the "LateraT Shoring" agreement requested by Dalmer is intended to address issues'arising from excavation at the site of the new hotel. I{owever, the parties have not yet reached a mutually acceptable Lateral Shoring agl eelnent as of the date of witins this letter. August 18, Re: 't I,l PageZ August 18,2004 We are writingthis letter to request that no buildingpermit be issued for any construction that would entail the excavation of the Vaii Village Inn site until the Village Inn Plaza Condominiums Phases I, II, III and V have reached an acceptable agreement regarding "Lateral Shoring" and lateral support in connection with all excavation activities. We are sure you can appreciate the potentialiy catastrophic risks that result from a failure of lateral suppofi. Hence, the Condominium Association will need to carefully review Dalnner's engineering and secure adequate protection for the proposed development. Very truly yours, HOSKIN, FARINA, ALDRICH & KAMPF Professional Corporation -tt'--\\:'-':'-'u - ec- <=) FnrnezucgG. ALDRTcH FGAjhc cc: Joe Weinstein (Village Inn Plaza Condominiums Phase IIi) Joe Stauffer (Village Inn Plaza Condominiums Phases I, II and V) Da5'rner Corporation ORDINANCE NO.l6 SERIES OF 2OO4 AN ORDINANGE REPEALING ORDINANCE NO. 21, SERIES OF 2001, ADOPTING A REVISED APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN, PHASE IV, TO ALLOW FOR THE CONSTRUCTION OF THE VAIL PLAZA HOTEL; AMENDING ORDINANCE NO.7, SERIES OF 2003, EXTENDING THE EXPIRATION DATE OF THIS APPROVAL FROM SEPTEMBER 4,2OO4,TO NOVEMBER 15,2004;AND SETTING FORTH DETAILS lN REGARD THERETO. WHEREAS, ln 1976, the Vail Town Counciladopted Ordinance No. 7, Series of 1976, establishing Special Development District No. 6, Vail Village Inn; and WHEREAS, Section 12-94-1 0 of the Zoning Regulations permits major amendments to previously Approved Development Plans for Special Development Districts; and WHEREAS, Daymer Corporation, as owner of the Phase lV property, has submitted an application for a revised major amendment to Special Development District No. 6, Vail Village Inn, Phase lV: and WHEREAS, the purpose of this ordinance is to adopt a revised Approved Development Plan for the Vail Village Inn Special Development District, Phase lV to allow for the construction of the Vail Plaza Hotel and to amend the expiration date of this major amendment approval; and WHEREAS, the revised major amendment to the Special Development District is in the best interest of the town as it meets the Town's development objectives as identified in the Town of Vail Comprehensive Plan; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning & Environmental Commission held a public hearing on the major amendment application; and Ordinance No. 16, Series of 2004 WHEREAS, the Planning & Environmental Commission has reviewed the prescribed criteria for a major amendment and has submitted its recommendation of approval and findings to the Vail Town Council; and WHEREAS, all public notices as required by the Town of Vail Code have been published and sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to adopt the revised Approved Development Plan for Special Development District No. 6, VailVillage Inn, Phase lV, Vail Plaza Hotel; and WHEREAS, the approval of the major amendment to Special Development District No. 6, Vail Village Inn, Phase lV, Vail Plaza Hotel and the development standards in regard thereto shall not establish precedent or entitlements elsewhere within the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLOMDO, THAT: Section 1. Purpose of the Ordinance The purpose of Ordinance No. 16, Series of 2004, is to repeal Ordinance No. 21, Series of 2001 and adopt a revised Approved Development Plan for Special Development District No. 6, Vail Village lnn, Phase lV, Vail Plaza Hotel and to amend Ordinance No. 7, Series of 2003. The Approved Development Plans for Phases l, lll & V remain approved and unchanged for the development of Special Development District No. 6 within the Town of Vail, unless they have othenrise expired. Only the Approved Development Plan for Phase lV, the Vail Plaza Hotel is hereby amended and adopted. Section 2. Amendment Procedures Fulfilled. Planninq Gommission Report The approval procedures described in Section 12-9A of the Vail Municipal Code have been fulfilled, Ordinance No. 16, Series of 2004 and the Vail Town Council has received the recommendation of the Planning & Environmental Commission for a major amendment to the Approved Development Plan for Special Development District No. 6, Vail Village Inn, Phase lV, Vail Plaza Hotel. Requests for amendments to the Approved Development Plan shall follow the procedures outlined in Section 12-9A of the Vail Municipal Code. Section 3. Special Development District No. 6 The Special Development District and the major amendment to the Approved Development Plan for Phase lV are established to assure comprehensive development and use of the area in a manner that would be harmonious with the general character of the Town, provide adequate open space and recreation amenities, and promote the goals, objectives and policies of the Vail Comprehensive Plan. Special Development District No. 6 is regarded as being complementary to the Town of Vail by the Vail Town Council and the Planning & Environmental Commission, and has been established since there are significant aspects of the Special Development District that cannot be satisfied through the imposition of the standard Public Accommodation zone district requirements. Section 4. Development Standards - Special Development District No. 6, Vail Village Inn, Phase lV, Vail Plaza Hotel Development Plan- The Approved Development Plan for Special Development District No. 6, Vail Village Inn, Phase lV, Vail Plaza Hotel shall include the following plans and materials prepared by Zehren and Associates, f nc., dated July 6, 2004 and stamped approved by the Town of Vail, dated July 2O,2004: (as may be further revised by the Town of Vail Design Review Board) A. Site lllustrative Plan B. Site Vignettes Key Plan (noted "forl/ustration purposes only') C. Site Mgnettes Ordinance No. 16, Series 0f2004 D. Site Plan (revised) E. Level Minus Two F. Level Minus One G. Level Zero H. Level One l. Level One & 1/2 J. Level Two K. Level Three L. Level Four M. Level Five N. Level Six O. Roof Plan P. Roof Plan (Mechanical Equipment) O. Street Sections (Vail Road Elevation/North Frontage Road Elevation) R. Plaza Sections (South Plaza Elevation/East Plaza Elevation) S. Building A Elevations T. Building A Sections U. Building B Elevations V. Building B Sections W. Building Height Plan 1 (Absolute Heights/lnterpolated Contours) X. Building Height Plan 2 (Maximum Height Above Grade/lnterpolated Contours) Y. Pool Study (Pool Sections) Z. Vail Road Setback Study Ordinance No. 16, Series of 2004 AA. Loading and Delivery plan BB. Street Entry Studies (Vail Road/South Frontage Road) CC. Sun Study DD. Landscape lmprovements Plan EE. Off-site lmprovements Plan Permitted Uses-- The permitted uses in Phase lV of Special Development District No. 6 shall be as set forth in Section 12-7 of the VailTown Code. Gonditional Uses- Conditional uses for Phase lV shall be set forth in Section 12-7A-3 of the Town of Vail Zoning Regulations. All conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16 of the Town of Vail Zoning Regulations. Density* Uni/s per Acre - Dwelling Units, Accommodation Units, & Fractional Fee CIuh Units The number of units permitted in Phase lV shall not exceed the following: Dwelling Units - 1 Accommodation Units - 100 Fractional Fee Club Units - 50 Type lll Employee Housing Units - 18 (38 employee beds totaling 9,618 square feet of floor area) Density- Floor Area The gross residential floor area (GRFA), common area and commercial square foolage permitted for Phase lV shall be as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. Ordinance No. '16, Series of 2004 Setbacks- Required setbacks for Phase lV shall be as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. The front setback along Vail Road shall be a minimum of 16'. Height: The maximum building height for Phase lV shall be as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. For the purposes of SDD No. 6, Phase lV, calculations of height, height shall mean the distance measured vertically from the existing grade or finished grade (whichever is more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the highest ridge line of sloping roof unless otherwise specified in Approved Development Plans. Site Coverage- The maximum allowable site coverage for Phase lV shall be as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. Landscaping- The minimum landscape area requirement for Phase lV shall be as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. Parking and Loading: The required number of off-street parking spaces and loading/delivery berths for Phase lV shall be provided as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. In no instance shall Vail Road or the South Frontage Road be used for loading/delivery or guest drop-off/pick-up without the prior written approval of the Town of Vail. The required parking spaces shall not be individually sold, transferred, leased, conveyed, rented or restricted to any person other than a tenant, occupant or user of the building for which the space, spaces or area are required to be provided by the Zoning Regulations or ordinances of the Town. The foregoing language shall not Ordinance No. 16, Series of 2004 prohibit the temporary use of the parking spaces for events or uses outside of the building, subject to the approval of the Town of Vail. Section 5. Approval Aqreements for Special Development District No. 6. Phase lV. Vail Plaza Hotel 1. That the Developer coordinates efforts with the owners of the Gateway Building, Phase ll, Phase lll and Phase V to create a below ground accessway for loading and delivery to the adjoining properties within the District from the Vail Plaza Hotel to resolve potential loading and delivery concerns. lf a coordinated effort can be reached the Developer shall submit revised plans to the Town of Vail Community Development Department for review and approval, prior to the issuance of a building permit. The intent of this condition is to create an interconnected underground loading and delivery system accessible to all of Special Development District No. 6, Vail Village Inn. 2. That the Developer submits detailed civil engineering drawings of the required off-site improvements (street lights, drainage, curb and gutter, sidewalks, grading, road improvements, Vail Road landscape median improvements, etc.) as identified on the off- site improvements plan to the Town of Vail Public Works Department for review and approval, prior to application for a building permit. 3. That the Developer submits the following plans to the Department of Community Development, for review and approval, as a part of the building permit application for the hotel: a. An Erosion Control and Sedimentation Plan; b. A Construction Staging and Phasing Plan; Ordinance No. 16, Series of 2004 c. A Stormwater Management Plan; d. A Site Dewatering Plan; and e. A Traffic Control Plan. 4. That the developer records a public pedestrian easement between the hotel and the Phase lll Condominiums and between the Phase V Building property lines. The easement shall be prepared by the developer and submitted for review and approval of the Town Attorney. The easement shall be recorded with the Eagle County Clerk & Recorder's Office prior to the issuance of a Temporary Certificate of Occupancy. 5. That the Developer records a deed-restriction, which the Town is a party to, on the Phase lV property prohibiting the public use of the spa facility in the hotel. Said restriction may be revoked if the Developer is able to demonstrate to the satisfaction of the Town that adequate provisions for vehicle parking have been made to accommodate the public use of the spa. The restriction shall be recorded prior to the issuance of a building permit. 6. That the Developer submits a comprehensive sign program proposal for the Vail Plaza Hotel for review and approval of the Design Review Board, prior to the issuance of a Temporary Certificate of Occupancy. 7. That the Developer posts a bond with the Town of Vail to provide financial security for the 125% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a building permit. 8. That the Developer, in cooperation with the Town of Vail Public Works Department to design and construct a left-turn lane on Vail Road and reconfigure the landscape island in the South Frontage Road median to eliminate left-turns from the loading/delivery. The Ordinance No. 16. Series of 2004 I construction shall be completed prior to the issuance of a Temporary Certificate of Occupancy. 9. That the Developer provides a centralized loading/delivery facility for the use of all owners and tenants within Special Development District No. 6. Access or use of the facility shall not be unduly restricted for Special Development District No. 6. The loading/delivery facility, including docks, berths, freight elevators, service corridors, etc., may be made available for public and/or private loading/delivery programs, sanctioned by the Town of Vail, to mitigate loading/delivery impacts upon the Vail Village loading/delivery system. The use of the facility shall only be permitted upon a finding by the Town of Vail and the Developer that excess capacity exists. The Developer will be compensated by the Town of Vail and/or others for the common use of the facility. The final determination of the use of the facility shall be mutually agreed upon by the Developer and the Town of Vail. 10. That the Developer executes a Developer lmprovement Agreement to cover the completion of the required off-site improvements, prior to the issuance of a building permit. 11. That the Developer records Type lll deed-restrictions of each of the required employee housing units, with the Eagle County Clerk & Recorder's Office, prior to the issuance of a Temporary Certificate of Occupancy. 12. That the required Type lll deed-restricted employee housing units not be eligible for resale and that the units be owned and operated by the hotel and that said ownership shall transfer with the deed to the hotel property. Ordinance No. 16, Series of 2004 13. That the Developer submits a copy of an approved access permit form the Colorado Department of Transportaiion verifying acceptance of the access points illustrated, as designed, on the Approved Development Plan, dated July 6,2004. 14. That the Developer shall contribute a one time payment to the Town of Vail in the amount of $35,000 for the East Meadow Drive Art in Public Places archway project as a means of mitigating development impacts associated with the construction of the Vail Plaza Hotel. Said payment shall be submitted to the Town of Vail Public Works Department, prior to the issuance of a building pennit for the Vail Plaza Hotel. Should the Town fail to commence with the design and construction of the East Meadow Drive Art in Public Place project by August 1, 2006, the one-time payment of $35,000 shall be refunded to the Developer. Section 6. Approval Expiration: Time Limitations The SDD approval time requirements and limitations of Ordinance No. 7, Series of 2003, shall be amended to cause this major amendment to become null and void should the Developer fail to obtain a building permit from the Town of Vail Community Development Department by November 15, 2004. The phasing of the construction of the hotel shall not be permitted. Section 7. lf any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordlnance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Ordinance No. 16. Series of 2004 10 Section 8. The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 9. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE lN FULL ON FIRST READING this 6'h day of July, 2004, and a public hearing for second reading of this Ordinance set for the 20th day of July, 2004, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20th day of July,2004. Ordinance No. 16. Series of2004 11 Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson. Town Clerk Ordinance No. 16. Series of2004 12 \; ORDINANCE NO.1 SERIES OF 2OOO AN. ORDINANCE ADOPTING AN APPROVED DEVELCDEVELopMENT DrsrRrcr No. s, vnrr_ vri_a-oe rrvr,r,CoNSTRUCTION OF THE VAIL puzl Hor - - - - REGARD THERETO. WHEREAS, In 1976, lhe Vail Town Council adopted establishing Special Devetopment District No. 6, Vait Village Inn; WHEREAS, Section 12-9A-10 of the Zoning Regulations previously Approved Development plans for Soecial WHEREAS, Waldir prado, dba Daymer Corporation. as submitted an application for a major amendment to Soecial Inn, Phase lV: and WHEREAS, the purpose of this ordinance is to adopt an Vail Village Inn Special Development Dislrict, phase lV to allow Hotel; and WHEREAS, the proposed major amendment to the Special best interest of lhe town as it meets the Town,s development Vail Comprehensive plan: and WHEREAS, in accordance with the provisions ouflined in Planning & Environmental Commission held a public hearing on and WHEREAS, the planning & Environmental Commission for a major amendment and has submitted its unanimous Town Council; and WHEREAS, all notices as required by the Town of Vail M the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best safety, and welfare lo adopt and re_establish the Approved Development District No. 6, Vail Vi age Inn, phase tV, Vail plaza Ordlnanc. 1, Seri€s ot 2OOO ano ENT PLAN FOR SPECIAL E IV, TO ALLOW FOR THE FORTH DETAILS IN No. 7, Series of 1976, major amendments to Districts; and of the Phase lV property, has District No. 6, Vail Mllage Development Plan for the the construction of the Vail plaza Development District is in the as identified in the Town of Zoning Regulations, the major amendment application; reviewed the prescribed criteria of approval to the Vail Code have been sent to of the public heatth, Plan for Special adopted. Section 2. O.dinanco 1, S€ri€s of 2OOO No. 6, Vail Village Inn, phase lV. o \Mereas, lhe approval of the major amendment to Development District No. 6, Vail Village Inn, Phase lV, Vail plaza Hotel and the development in regard thereto shall not establish precedence or entiflements elsewhere within the Town Vail. NOW THEREFORE, BE IT ORDAINED BY THE TOWN VAIL, COLORADO, THAT: Section 1. Purnose ofthe Ordinance The purpose of Ordinance No. 1, Series of 2000, is to adopr Special Development Distriot No.6, Vail Village lnn, phase Development Plans for phases l, lll & V remain approved ano for the development of Special Development District No. 6 within the Town of Vail, Only the Approved Development plan for phase lV. the Vail The approval procedures described in Section 12_gA of the Vail and the Vail Town Council has received the recommendation IL OF THE TOWN OF Approved Development plan for Vail Plaza Hotel. The Approved they have otherw,ise expired. Hotel is hereby amended and Code have been fulfilled. of the Planning & Environmental -9,A of the Vail Municipal Code. Approved Development plan for use of the area in a manner that adequate open space and Commission for a major amendment to the Approved Plan for Special Development District No. 6, Vail Village Inn, phase tV, Vail plaza Hotel.for amendments to the Approved Development Plan shall follow the procedures outlined in Section j Section 3. SEecial Development District No. 5 The Special Development District and the Major Amendment to Phase lV are established to assure comprehensive development would be harmonious with the general character of the Town. District No.6, Vail Village Inn, recreation amenities, and promote the goals, objectives and policies of the Town of Vaii Comprehensive plan. Special Development District No. 6 is as being complementary to the Town of Vail by ihe Vail Town Council and the plannino &Commission, and has been established since there are significant aspects of the Special District that cannot be satisfied through the imposition of the standard pubtic zone dislrict requirements. Section 4. Development Siandards _ Special Development Phase lV, Vail ptaza Hbtel Development Plan- The Approved Development plan for Speciat Development District Vail Plaza Hotel shall include the following plans and materials Inc., dated November 23, 1999 and stamped approved by the T A. Site lllustrative plan B. Site Vignettes Key plan (noted .for C. Site Mgnettes D. Site Plan (revised) E. Level Minus Two F. Level Minus One G. Level Zero H. Level One l. Level Two J. Level Three K. Level Four L. Level Five M. Level Six N. Roof Plan O. Roof Plan (Mechanical Equipment) P. Street Seclions (Vail Road Elevation/North O. Plaza Sections (South plaza Elevation/East R. Building A Elevations S. Building A Sections T. Building B Elevations U. Building B Sections V. Building Height plan 1 (Absotute W. Building Height plan 2 (Maximum Height X. Pool Study (poot Sections) Y. Vail Road Setback Study Z. Loading and Delivery plan AA. Slreet Entry Studies (Vail Road/South F BB. Sun Study CC. Landscape lmprovements plan Ordinanco l, Series of 2OOO bV Zehren and Associates, of Vail, dated January 18,2000: puryoses only') Road Elevation) Elevation) Contours) Grade/l nterpolated Contours) DD. Off-site lmprovements plan Permitted Uses- The permitted uses in Phase lV of Special Development District development plans referenced in Section 4 of this ordinance_ Conditional Uses- Conditional uses for phase lV shall be set forlh in Secfion 1 Regulations. All conditional uses shall be reviewed per the the Town of Vail Zoning Regulattons. Density- Unr'fs per Acre . Dwelllng lJnits, Accommodation The number of units permiited in phase lV shall not exceed the Dwelling Units - 1 Accommodation Unils - 96 Fractional Fee Club Units - 48 Density- Floor Area The gross residential floor area Phase lV shall be as set forth (GRFA), common area and in the Approved Development ordinance. Setbacks-- Required setbacks for Phase lV shall be as set forth in the in Section 4 of this ordinance. The front setback along Vail Road Height- The maximum building height for phase lV shall be as set forth in ?eferenced in Section 4 of this ordinance. For lhe purposes of height, height shall mean the distance measured vertically from (whichever is more restrictive), at any given point to the top of a highest ridge line of sloping roof unless otherwise sDecifiecj in Site Coverage- The maximum allowable site coverage for phase lV shall be as set Development Plans referenced in Section 4 of this ordinance. Landscaping-. The minimum landscape area requirement for phase lV shall be Ordinance 1, Series of 2OOO set forth in the Approved o 6 shall be as set forth in the A-3 of the Town of Vail Zonino as outlined in Chapter'12-16 of & Fractional Fee CIub Units square footage permitted for referenced in Section 4 of this Development Plans referenced be 20'. Approved Development Plans No. 6, Phase lV, calculations of existing grade or finished grade roof, or mansard roof, or to the Development Plans. in the Approved Section 5. Ordlnance 1, 56rl.! of 2OOO Employee Housing Plan. Development Plans referenced in Section 4 of this ordinance. Parking and Loading- The required number of off-street parking spaces and provided as sei forth in the Approved Development plans In no instance shall Vail Road or the South Frontage Road be for loading/delivery or guest drop-off/pick-up without the prior written approval of the Town of The required parking spaces shall not be individually sold, transferred, leased, conveyed, than a lenant, occupant or user of the building for which the be provided by the Zoning Regulations or ordinances of lhe T prohibit the temporary use of the parking spaces for events or to the approval of lhe Town of Vail. Plaza Hotel That the Developer submits an Employee Housing plan to Development, within 30 days of the approval of Ordinance berths for Phase lV shall be in Section 4 of this ordinance. or restricted to any person other spaces or area are required to The foregoing language shall not outside of the building, subject Town of Vail Community . 1, Series of 2000, for the a minimum, the proposed Plan at least one alternative showing review and approval of the plan by the Vail Town Council reviewing Boards and Commissions, prior to the issuance of a building permit. shall include, but not be limited to, housing alternatives, uommuntty uevetopment 38 beds and at least one additional ptan showing 19 beds and within the Special Development District for the consideration of the Town.required employee housing units shall be located within the Town of Vail and comply the Town of Vail Employee Housing Requirements (Iiile .t2, Chapter 13, of the Town Vail Municipal Code). The Oeveloper shall provide deed-restricted housing for a of 38 employees, and said deed-restricted housing shall be made available for , and the deed restrictions be recorded at the Ofiice of the Eagle County Clerk &, prior to requesting a Temporary Certificate of Occupancy for the Vail plaza Nothing contained herein shall obligate the Town to approve such a plan, nor shall the be required to remove existing proposed uses or density in order to construct the The Developer agrees, at the determination of the Town of housing units on site. Department, to mako all necessary applications and through all reguired development review processes resulting from the That the Developer submits detailed civil engineering improvements (street lights, drainage, curb and gutter, rmprovements, etc.) as identified on the off-site im Works Department for review and approval, prior to That the Developer submiis a detailed final landscape plan for review and approval of the Town of Vail Design Review buiiding permit. The sdd approval time requirements and limitations of Ordinance No. 1 , Series of 2000. In addition, the phasing shall not be permitted. That the Developer submits lhe following plans to the Development, for review and approval, as a part ofthe hotel: An Erosion Control and Sedimentation plan; A Construction Staging and phasing plan; c. A Stormwater Management plan; d. A Site Dewatering plan; and e. A Traffic Control plan. 6.That the Developer receives a conditional use permit to Employee Housing Units in phase lV of the District. in to the issuance of a building permit, to provide housing Special Development District No. 6, pursuant to Condition by the Town of Vail. That the Developer submits a complete set of plans to the Transportation for review and approval of a revised access building permil. 8.That the Developer meets with the Town staff to prepare a outlining the responsibilities and requirements of the second reading of an ordinance approving the major That the Developer revises the plans to comply with the pursuant to the zoning Regulations of lhe Town of vail. Ordinance 1, Series of 2OOO revised plans shall be reviewed of the reouired off-site grading, road plan to the Town of Vail Public for a building permit. fi nal architectural elevations , prior to application for a 12-94-12 shall apply to the construction of the hotel of Community permit application for the for the construction of Type lll with Chapter '12-16, prior , if the application to amend Approval #1 above, is approved Department of prior to application for a of understanding off-site improvements, prior to Zo-foot along Vail Road 11. and approved by the Town of Vail Design Review Board permit. 10.That the Developer submits a complete sel of plans expressed by Greg Hall, Director of public Works & T George Ruther, dated 12:/.13/99. The drawings shall be by the Town Engineer, prior to linal Design Review Board That the developer records a public pedestrian easement lll Condominiums and between the phase V Buildino prepared by the developer and submitted for review and easement shall be recorded with the Eagle County Clerk & issuance of a Temporary Certificate of Occupancy. 12.That the Developer record a deed-restriction, which the T property prohibiting the public use of the spa facilitv in the revoked if the Developer is able to demonstrate to the provisions for vehicle parking have been made to accom The restriction shall be recorded prior to the issuance of a 13.That the Developer submits a flnal exterior buildino complete color rendering for review and approval of the making an application for a building permit. 14.That lhe Developer submits a comprehensive sign program for review and approval of the Design Review Board, prior Certificate of Occupancy That the Developer submits a roof-top mechanical the Design Review Board prior to the issuance of a buildino equipment shall be incorporated into the overall design of screened from public view. 16.That the Developer posts a bond with the Town of Vail to 125olo of the total cost of the required off-site public place with the Town prior to the issuance of a buildino 't7.That the Developer installs bollards or similar safelv delivery access driveway and the sidewalk along the South 15. O.dinancg 1, Ssries of 2OOO Road to prevent to the issuance of a buildino to the design concerns in his memorandum to reviewed and approved the hotel and the Phase lines. The easement shall be of the Town Attorney. The s Office prior to the is a party to, on the Phase lV . Said restriction may be of the Town that adeouate the public use of the spa. permil. Iist, a typical wall section and Review Board, prior to for the Vail Plaza Hotel the issuance of a Temporary plan for review and approval of All roof-top mechanical hotel and enclosed and financial security for the The bond shall be in at the intersection of the 20. conflicts between pedestrians and vehicles, prior to the of Occupancy. 18.That the Developer studies and redesigns the entrance on from the entrance to lhe Gateway Building to create a redirects pedestrians to another entrance. The final desion by the Design Review Board prior to the issuance of a That the Developer coordinate efiorts with the owners of below ground access for loading and delivery to the resolve potential loading and delivery concems at the be reached the Developer shall submit revised plans to the Development Department for review and approval, prior to That the Developer revises the proposed floor plans for the freight elevator access to the lowest level of the parking submitted to the Town of Vail Community Development prior to the issuance of a building permit. 21. That the developer redesigns the proposed elevator tower atop the tower and revises the proposed building review of the proposal by the Design Review Board. The the revised design. That the Developer, in cooperation with the Town of Vail and construcl a left-turn lane on Vail Road and reconfigure Frontage Road median to eliminate left-turns from the shall be completed prior to the issuance of a Temporarv 23.That the Developer provides a centralized loading/delivery and tenants within Special Development District No. 6. be unduly restricted for Special Development District No_ 6. including docks, berths, freight elevators, service coridors, public andior private loading/delivery programs, sanctioned loading/delivery impacls upon the Vail Village shall only be permitted upon a finding by the Town of Vait capacity exists. The Developer will be compensated by the Ordinance 1. Series of 2OOO own of Vail and/or others for of a Temporary Certiflca{e north side of the hotel across inviting entrance or a design that be reviewed and approved permit. Gateway Building to create a from the Vail Plaza Hotel to . lf a coordinated effort can own of Vail Communitv issuance of a building permit. ail Plaza Hotel to Drovide The revised plans shall be for review and approval create an architectural feature and roof plan prior to final shall review and approve Works Department design Iandscape island in the South . The construction of Occupancy. for the use of all owners or use of the facility shall not The loading/delivery facility, , may be made available for the Town of Vail, to mitigate system. The use of the facility the Developer that excess the common use of the facility. The final determination of mutually agreed upon by the Developer and the Town of 24.That the Developer submits a written letter of approval property is being encroached upon by certain im of the hotel, prior to the issuance of a building permit. That the Developer executes a Developer lmprovement of the required off-site improvements, prior to the issuance Section 6. lf any part, section, subsection, sentence, clause or phrase of this to be invalid, such decision shall not affect the validitv ofthe and the Town Council hereby declares it would have oassed thts subsection, sentence, clause or phrase thereof, regardless of the sections, subsections, senlences, clauses or phrases be declared Section 7. The repeal or the repeal and re-enactment of any provisions of in this ordinance shall not affect any right which has accrued, anv occurred prior to the effective date hereof, any prosecution proceeding as cornmenced under or by virtue of the provision The repeal of any provision hereby shall not revive any provision repealed or superseded unless expressly stated herein. Section 8. All bylaws, orders, resolulions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of shall not be construed to revise any bylaw, order, resolution or reoealed. INTRODUCED, READ ON FIRST READING, APPROVED. ONCE lN FULL ON FIRST READING this 46 day of January, reading of this Ordinance set for the l gih day of January, 2000, in Municipal Building, Vait, Colorado. /.4. Ordinanc€'1, Serles of Z00O use of the facility shall be adjacent properties whose resulting from the construction to cover the completion a building permit. is for any reason held portions of this ordinance; and each part, section, that any one or more parts, ail Municipal Code as provided imposed, any violation that nor any other action or or repealed and reenacted. any ordinance previously inconsisiency. Therepealer or part thereof, heretofore ORDERED PUBLISHED and a public hearing for second Council Chambers of the Vail ffivd'^ Ludwig Kurz, Mayor READ AND APPROVED ON sEcoND READING AND oRDERED PUBLISHED this ,18Ih dav of January, 2000. Lorelei Donaldson, Town Clerk Ludwig Kuz, Mayor Ordinance J, S€ries of 20OO 10 .'-.-, ORDINANCE NO.4 SERIES OF 2OOO AN ORDINANCE REPETLING ORDINANCE NO. 1, SERIES OF 2OOO AND TO ENACTOR.DTNANCE No. 4, SERTES oF 2000, aoopriHe e REVTSED AppRovEDDEVELOPMENT PLAN FOR SPECIAL DEVELOPT.,'CT.TT DISTRICT r.rO. 6, VI'I Vrr.r-ECEINN' PHASE IV, TO ALLOW FOR THE CONSTRUCTION OF THE VAIL PLAZA HOTEL;AND SETTING FORTH DETAILS Iru RCCARO rHrRErO. WHEREAS, In 1976, the Vail Town Council adopted Ordinance No. 7, Series of 1976, establishing Special Developmenl Disirict No. 6, Vail Village lnn; and WHEREAS, Section 12-9A-10 0f the Zoning Regurations permils major amendments ro previously Approved Development plans for special Development Districts; and WHEREAS, Waldir prado, dba Daymer Corporation, as owner of the phase lV property, has submitted an application for a revised major amendment to special Development District No. 6, vail Village Inn, Phase lV; and WHEREAS, the purpose of lhis ordinance is to repeal ordinance No. 1, series of 2000 and to enact ordinance No. 4, series of 2000, to adopt a revised Approved Deveropment pran for the Vail Village Inn special Development District, Phase lV to allow for the construction of the vait plaza Hotel; and wHEREAS, the revised major amendment to the speciar Deveropment District, incruding the provision of deed-restricted housing for 38 employees and the resulting 1 feet of additional buitding height' is in the best interest of the town as il meets lhe Town's developmenl objectives as identified in the Town of Vail Comprehensive plan; and WHEREAS, in accordance with the provisions ouflined in the Zoning Regulations, the Planning & Environmenrar commission herd a pubric hearing on the major amendment apprication; and wHEREAS' the Planning & Environmental commission has reviewed the prescribed criteria for a major amendment and has submitted its recommendation of approvar and findings to the Vail Town Council; and WHEREAS, a[ pubric norices as required by the Town of vair Municipar code have been sent to the appropriate parties; and *HEREAS, the vair rown councir considers it in the best interest of the pubrio hearth. safety, and werfare to adopt the revised Approved Deveropmenl pran for speciar Deveropment District No. 6, Vail Mllage Inn, phase lV, Vail plaza Hotel; and Ordin€nce No. 4, Serieg ol2OOO whereas, the approvar of the major amendment to speciar Deveropment District No. 6, vail Village Inn, Phase lV, Vail Plaza Hotel and the development standards in regard thereto shall not eslablish precedence or entiflements elsewhere within the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Purpose ofthe Ordinance The purpose of ordinance No. 4, series of 2000, is to adopt a revised Approved Development plan for special Development Districl No.6, Vail Village Inn, phase lV, va plaza Hotel. The Approveo Development Plans for Phases l, lll & V remain approved and unchanged for the development of Special Development District No. 6 within the Town of Vail, unless they have otherwise expired. Only the Approved Development Plan for Phase lV, the Vail Plaza Hotel is herebv amended and adopted. Section 2. Amendment procedures Fulfilled. planninq Commission Report The approval procedures described in Section 12-9A of the Vail Municipal Code have been futfi ed, and the Vail Town Council has received the recommendation of the Planning & Environmenlal Commission for a major amendment to lhe Approved Development Plan for Special Development District No. 6' Vail Village lnn, Phase lV, Vail Plaza Hotel. Requests for amendments to the Approved Development Plan shall iollow the procedures outlined in Seclion 12-9A of the Vail Municioal Cooe. Section 3, Special Development District No. G The Special Development District and the major amendment to the Approved Development plan for Phase lV are established to assure comprehensive development and use of the area in a manner that would be harmonious with the general characrer of the Town, provide adequate open space ano recrealion amenilies, and promore the goars, objectives and poricies of the Town of vail comprehensive Plan. special Deveropment District No. 6 is regarded as being complemenlary to the Town of Vail by the Vail Town Council and the Planning & Environmental Commission, and has been established since there are significant aspecls of the Special Development District that cannol be satisfied through the imposition of the standard Public Accommodalion zone district requirements. section 4. Development standards - speciar Deveropment District No, 6, vair vilage tnn, Phase lV, Vail plaza Hotel Development Plan- The Approved Development Plan for Special Development District No. 6, Vail Village Inn, phase tV, Ordinsnc6 No. 4, Seri€s gf 2O0O J.-,, Vail Plaza Hotel shall include the following plans and materials prepared by Zehren and Assocrares. Inc., dated April 4, 2000 and stamped approved by the Town of Vail, dated Aprit 18, 2000: (as may be further revised by the Town of Vail Design Review Board) A. Site lllustrative plan B. Site Vignettes Key plan (noted "for iltustntion purposes on!y') C. Site Vignettes D. Site Plan (evised) E. Level Minus Two F. Level Minus One G. Level Zero H. Level One l. Level One & 1/2 J. Level Two K. Level Three L. Level Four M. Level Five N. Level Six O. Roof Plan P. Roof Plan (Mechanical Equipment) O. Street Sections (Vail Road Elevalion/North Frontage Road Elevation) R. Plaza Seclions (South plaza Elevation/Easl plaza Elevation) S. Building A Elevations T. Building A Sections U. Building B Elevations V. Building B Sections W. Buildlng Height Plan .l (Absolute Heightsilnterpolated Contours) x. Building Height pran 2 (Maximum Height Above Grade/rnterporated contours) Y. Pool Study (pool Sections) Z. Vail Road Setback Study AA. Loading and Delivery plan BB. Street Entry Studies (Vail Road/South Frontage Road) Odlna.ce No. 4, Seri6s ot AOOO \_ CC. Sun Study DD. Landscape lmprovements plan EE. Otf-sile lmprovements plan Permitted Uses- The permitted uses in Phase lV of Special Development Distnct No. 6 shall be as set forth in section 12-7 of the Vail Town Code. Conditional Uses- conditional uses for Phase lv shall be set forth in section 12-7 A-l af the Town of Vail Zoning Regulations. All condilional uses shall be reviewed per the procedures as outlined in Chapter 12-16 of the Town of Vail Zoning Regulations. Density- Units per Acre - Dwelling ltnits, Accommodation llnits, & Fnctiona! Fee CIub lJnits The number of units permitted in phase lV shall nol exceed the fo owino: Dwelling Units - 1 Accommodation Units - gg Fractional Fee Club Units - S0 Type lll Employee Housing Units - 18 (38 emptoyee beds totaling g,618 square feet of GRFA) Density* Floor Area The gross residential floor area (GRFA), common area and commercial square footage permitted for Phase lV shall be as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. Setbacks-- Required selbacks for Phase lV shall be as set forth in the Approved Development plans referenceq in section 4 of this ordinance. The front setback arong Vair Road shafi be a minimum of 16,. Height- The maximum building height for Phase lV shall be as set forth in the Approved Development plans referenced in Section 4 of this ordinance. Forlhe purposes of SDD No. 6, phase lV. calculations of height, height shall mean the distance measured vertically from the existing grade or finished grade (whiohever is more restrictive), at any given point to the top of a flat roof, or mansard roof. or to the highest ridge line of sloping roof unress otherwise specified in Approved Deveropment prans. Site Coverage- Ordinanco No. 4, Series ot 20OO o The maximum allowabre site coverage for phase rV shal be as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. Landscaping- The minimum landscape area requirement for phase rv shafl be as set forth in the Approved Developmenl Plans referenced in Section 4 of this ordinance. Parking and Loading- The required number of off-street parking spaces and loading/delivery berths for phase lV shall be provided as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. In no instance shall Vair Road or the south Frontage Road be used for roading/derivery or guesr drop-off/pick-up without the prior written approvar of the Town of vair. The required parking spaces shall not be individuarry sord, transferred, reased, conveyed, rented or restricted to any person other lhan a tenant, occupant or user of the buirding for which the space, spaces or area are requrred to be provided by the Zoning Regurations or ordinances of the Town. The foregoing ranguage sharl not prohibit the temporary use of the parking spaces for evenls or uses outside of the buildino. subject to the approval of the Town of Vail. section 5. Aoorou"r Aoruur*nt" fo. so""i"r o.u"roo-"nt Di"tri"t No. 6. ph""" rv, v"it 1. Plaza Hotel That the Developer submits detailed civil engineering drawings of the required off_site rmprovements (street lights, drainage, curb and gutter, sidewalks, grading, road improvements, vail Road randscape median improvements, erc.) as identified on the off-site rmprovements pran to the Town of vair pubric works Department for review and approvar, prior to application for a building permit. That the Developer submits a detailed linal landscape plan and final archilectural elevations for review and approvar of lhe Town of Vair Design Review Board, prior to appricarion for a building permit. The SDD approval time requiremenls and limitations of Section 12_gA_12 shall apply to ordinance No. 4, series of 2000. In addition, the phasing ofthe construction ofthe hotel shall not be permitted. That the Developer submits the following ptans to the Department of Community Development, for review and approvar, as a part of the buirding permit apprication for the hotel: 4. Ordrnance No. 4, S6.i6s ol2O0O A An Erosion Conlrol and Sedimentation plan; A Construction Staging and phasing plan; A Stormwater Management plan; A Site Dewatering Plan; and e. A Traffic Control plan. That the Developer receives a conditionar use permit to aflow for the construclion of 1g, Type lll Employee Housing units in phase rV of the District, in accordance with chaDter 12- 16, prior to the issuance of a building permit. That the Developer submits a complete set of plans to the Colorado Department of Transportation for review and approvar of a revised access permit, prior to application for a building permit. That the Developer meets with the Town slaff to prepare a memorandum of underslanding outlining the responsibirities and requirements of the required off-site improvements, prior to second reading of an ordinance approving the major amendment. That the Developer submits a comprete set of prans responding to the design concerns expressed by Greg Hall, Director of public works & Transportation, in his memorandum to George Ruther, dated 12113/99. The drawings shall be submitted, reviewed and approved by lhe Town Engineer, prior to final Design Review Board approvat. That the developer records a public pedestrian easement between the hotel and the phase lll condominiums and between the phase v Buirding property rines. The easement shal be prepared by the developer and submitted for review and approvar of the Town Attorney. The easement shall be recorded with the Eagre county crerk & Recorder's office prior to the issuance of a Temporary Certificate of Occupancy. That lhe Developer record a deed-restriction, which the Town is a party ro, on the phase rV property prohibiting the public use of the spa facility in the hotel. said restriction may be revoked if lhe Developer is abre to demonstrate to the satisfaction of the Town that adequate provisions for vehicre parking have been made to accommodare the pubric use of the spa. The restriction shall be recorded prior to the issuance of a building permit. That the Developer submits a finar exterior buirding materiars rist, a typicar wal-section and complele color rendering for review and approval of the Design Review Board, prior to making an application for a building permit. -7 o 10. 11. Ordinanc€ No. 4, Seri$ of 2OO0 13. 14. That the Developer submits a comprehensive sign program proposal for the Vail plaza Hotel for review and approval of the Design Review Board, prior to lhe issuance of a Temporary Certificate of Occupancy. That the Developer submits a roof-top mechanical equipment plan for review and approval of the Design Review Board prior lo the issuance of a building permit. All roof{op mechanical equipment shall be incorporated into the overal design of the hotel and enclosed and screened from public view. That the Developer posts a bond with the Town of vail to provide financial security for the 125% ofthetotal cost of the required off-site public improvements. The bond shall be in place with lhe Town prior to the issuance of a building permit. That the Developer inslalls bollards or similar safety devices al the intersection of the delivery access driveway and the sidewalk along the south Frontage Road lo prevent conflicls between pedestrians and vehicles, prior to lhe issuance of a Temporary certificate of Occupancy. That the Developer studies and redesigns the entrance on the north side of the holel across from the entrance to the Gateway Building to create a more inviting entrance or a design that redirecls pedestrians to another entrance. The final design shall be reviewed and approved by the Design Review Board prior to the issuance of a building permit. That the Developer coordinate efforts with the owners of the Gateway Building to creale a below ground access for loading and delivery to the cateway from the vail plaza Hotel to resolve potential loading and delivery concerns at the Gateway. lf a coordinated effort can be reached the Developer shall submit revised plans to the Town of vair community Development Department for review and approval, prior to the issuance of a building permit. That the Developer revises the proposed floor plans for the vail plaza Hotel to provide freight elevator access to the lowest level ofthe parking structure. The revised plans shall be submitted to the Town of Vail community Development Department for review and approval prior to lhe issuance of a building permit. That the Developer, in cooperation with the Town of vair pubric works Department design and construct a left-turn lane on vail Road and reconfigure the landscape island in the south Frontage Road median to eliminate left-turns from lhe loading/delivery. The construction shall be completed prior to the issuance of a Temporary Certificate of Occupancy. 16. 17. +& 10 Odlnanc€ No. {, Serie3 of 2OO0 20. That the Developer provides a centralized loading/delivery facility for the use of all owners and tenants within Special Developmenl Dishict No. 6. Access or use of the facility shall not be unduly restricted for Special Development District No. 6. The loading/delivery facility, including docks, berths, freight erevators, service coridors, etc., may be made avairabre for public and/or private loading/delivery programs! sanctioned by the Town of vail, to mitigaie loadingldelivery impacts upon the Vail Village loading/delivery system. The use of the facility shall only be permitted upon a finding by the Town of Vail and the Develooer that excess capacity exists. The Developer will be compensaled by the Town of Vail and/or others for the common use of the facility. The final determination of the use of the facility shall be mutually agreed upon by lhe Developer and the Town of Vail_ 21. That the Developer submits a written retter of approval from adiacent properties whose - property is being encroached upon by certain improvements resulting from the construclion of the hotel, prior to the issuance of a buitding permit. 22' Thal the Developer executes a Developer lmprovement Agreement to cover the completion of the required off-site improvements, prior to the issuance of a buirding permit. 23- That the Developer record rype Ir deed-restrictions of each of the required emproyee housing units, with the Eagre county crerk & Recorder's office, prior to the issuance of a Temporary Certificate of Occupancy. 24' That the required Type lll deed-restricted employee housing units not be eligible for resale and that the units be owned and operated by the hotel and that said ownership transfer with the deed to the property. Section 6. lf any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase lhereof, regardless ofthe facl that any one or more parts, sections, subseclions, sentences, clauses or phrases be declared invalid. Section 7. The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any vioration that occuned prior to the effective date hereof, any prosecution commenced, nor anv other aclion or Ordlnanc€ No. 4. So.ies of2OO0 v proceeding as commenced under or bV virlue la of the provision repealed or repealed and reenacted. The repeal of any provision hereby shafl not revive any provision or any ordinance previousry repealed or superseded unless expressly slated herein. Section 8. ) All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repearer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED oNcE lN FULL oN FIRST READTNG this 46d day of Aprir, 2000, and a pubric hearing for second reading of this ordinance set for the 2d day of May, 2000, in the council chambers of the vail READ AND APPROVED ON SEcoND READING AND oRDERED PUBLISHED this 2"d day of May, 2000. A^t-___ Ordinance No. 4, Series of 2OOO il*Ludwig Kuft, Mayor Jul, 15,2004 2:59P}{ ZUN AND Ass0clA July 15,2004 Mr. Russell Forest Director of Community Developmcnt Town of VEil ZIHI{EN AND ASSOCIATFS, IN(.. Departrnont of Community Dove.lopmutt 75 South Frontage Road Vail, Colorado 81657 Re: Vail Ptaza Hotel, AIPP commitrnent Russell: This letter is in response to staff and the town council's inquiry as to the agreed upon public improvements as outlined in thc ordinance, specifically with regard to compliance with Oe Art ia Fublic Places Master Plan. Ir is fte developa's imention to providc publio art as defined iD Part II of lhe Art in Public Places Stategic Plffi. At this point in timc howevo, the developer is unwilling to oommit to providing or findirg any specific piece ofan in any location aittrough it is scknowledged specific opportunities do elds! both on public and private properties surrounding the proposed project- As put oftbe existing approvcd ordinance, thc developer has aEecd rc provide a six-foot wide, csnorete sidewalh along \vith an anached curb and gutter fiom the Vail Village hn Phase III entry €3stward along the Frontage Road to Villagc Center R.oad (Crossroads Dcvelopment) t0 mitigale anticipatcd Pedestrian impacts associated with redevelopment of the project. With the anticipated Crossroads redevclopment, tho rlevetoper has ageed to provide i aeposr too ttt" fulI value of those imptovements to the iown, should the town decide to proceed with those improvements in a mgnner that would coincide with the Crossroads ootrstltction sghedule. Oru confiactor has valued those irnprovements including design fees to $24,800 and the developer has executed an agrcement sating as such. If the town council believes that the anricipatcd pcdeshian impacts would not bc realized along the Frontagc Road because of the adjacency of new and improved pedestrian acccss along East Meadow Drive, the developer would be willing to provide for improvernents in an emount not to exceed S24,E00 for addjtional impro\remen$ along East Meadow Drive *'hich could include participation in publicly funded artworls, It would be the developer's preference, howevef,, that the artwork be placcd or dcsigned in a such a nray that it dircctlybenefits the proposed redevelopment through its adjacency to thc project. One such location uould be east ofthe existing phase live project. Please do not hesitate to contact me with any questions or conccnu regarding the inforrnarion prescnted Addirionally, if you need any additionat information, please do not hesitate to conlaot nre. Sincerely, No, 1174 P, 2/2 Fron:1590 t-T-. I -.----------|--l TimothyR. Los4 A.LA. Senior Associate Zehren and Associatcs, Inc. .r,r r lll.|',"'rl Itr - l)l .l\'\ll|r.rr' - l\'tt -rlflO{ | i \'ll\it',1lrg AlJa'l.llltf'll lltl Meeting Agenda Vail Plaza Hotel Town of Vail Reviewing Agencies September 16,2004 1.Building Permit - Ordinance No. 16, 2004 a.. Timetabie i. Documents Submitted by 9/4/04ii. Permit Issued by 11/15104 b. Reviewing Agencies -status for written and dated comments \lh6'l vJitl- U6 # ftar{- (arltgf oet+ lv. vi. Degpt' D63o. :Yii _F yi;;. ix. i. Fire Deoartment @Ptanning andZoningiii. Public Works 1. Civil Documents 2. Staging plans iv. Building Code 1. Structural 2. Mechanical 3. Architectural ? ZO vlaeblrrq o*1s 1|fu 0o>-rt'..g,rttb lOlr ?evtse-o plara. tolet Z* (o*n+.r-',te. c. ConditionsoU- i. Loading and Delivery Coordination. (post Occupancy). I>q*irrr4q€ .^-- ii. Submit civil drawings of off-site improvements (as identified on' the off-site improvements plan). (permit).iii. Submitted Documents. (Permit). Iu PaalaT -=1. Erosion and sedimentation plan. 2. Construction staging and phasing plan. 3. Storm water management plan. 4. Site dewatering plan. 5. Traffic Control Plan. Pedestrian Easement (TCO). Decd restriction on Spa. (TCO). Sign program (TCO). Bond l25o/o off-site public improvements. (permit). L Estimate by Shaw Construction. Frontage and Vail Road improvements. (TCO). Loading and Delivery - public use. (post Occupancy). Developer Improvement Agreement. (Permit). 1. Draft -ToV or ZA 2. Estimate for bondine TL6.A.Z--- 3. Mectingdare ffz<.ro Zeh&t!.(saxi. Deed Restriction of EHU's. (TCO). xii. EHU's operated by Hotel. (post Occupancy).xiii. CIDOT access permit. (TCO). xiv. AIPP $35.000 contribution. (permit). Demolition Permit Appl ication Timetable Application 120% Bond Existing Site Plan Revegitation plan i. DRB approval Staging plan i. Architect's Titleblock? Letter of Abatement Traflic Control Plan Stormwater discharge permit 3. ERSW agreement (GR) -1976i1988 entitlements a. b. A g h. i lq r.*. /! f-r- !r '- i TEHREi.I A'lD 45:'CCli\Tf 5, I lf .t0l06 October 6,2004 Mr. George Ruther Senior Special Proj ects Planner Tonn of Vail Department of Community Dcvelopment 75 South Frontage Road Vail. Colorado 81657 Re: Vail Plaza Hotel - Developer Improvement Agreement George: Listed below are the developer provided public improvements as indicated in No. 16, Series of 2004 and the Off Site Improvements Plans dated July 20, 2004. 1. East Meadow Drive Light Standards. The Developer will provide 6, (six), new light standards along East Meadow Drive. The light standards shall be those specified within the East Meadow Streetscape Plan with "normal" or "typical" accessories and features necessary for normal functioning of the fixture. The standards shall be delivered to a mutually agreeable location within the town in the manufacturer's original packaging. Installation, structural bases and connections, lamps, and electrical infrastructure including but not limited to power, switching, and finalconnectjonssha1lbeprovidedbythe@,Maintenanceand/or reJamping of the standards shallel€o be the repfonsibility of the Town of Vail. Value of Improvement Esrimarro ., ri"RiloPge 2. Crossroads (South Frontage Road) Sidewalk The Deve agrees to fumish all materials and labor for installation of a new, six foot wide, gray, concrele curb and gutter as indicated in gray, concrete sidewalk with attached Cl2 and details A and E, drawing Cl5 daled 9/l /04 including associated dcmolirion of areas and subgrade preparation. The Town of Vail ^r the te\',T'5 ^^hrracter shall provide 4elocation of infrastructure, utilities, landscaping features andTor signage in a timely fiuulner to allow for installation of the sidewalk no later than ,[qne l, 2006. Drainage studies and/or structures, curbcuts with associated drainage pans, C p".l). @ilgineered support or retaining structures, and,/or guardrails shall be provi<letl by the Town of Vail or the town's contractor. The Developer shall h( be responsible for repair or replacement of existing landscape features or irrigation systems removed or damaged within the right of way for constluction of this improvement. a. Value of Improvement Estimated at $ XX,X)LX. 3' Vail Village Inn Phase III (South Frontage Road) Sidewalk. The Developer agrees to fuinish all materials and labor for installation of a new, six foot wide, heated, concrete paver sidewalk as indicated in dtawing C9 and detarl D, drawing C15 dated 9i 1/04 including assocrated demolition of landscape areas and sub-grade preparation. The snowmelt system shall be provided with a separate manifold for zones localed within the nght of way in accordance with drawing M6.1. The Developer shall excrcrse care in the construction of this improvement ff shall ffie responsible ARCFIITECTI]RE , PLAIININC , INTERIC-}RS , IA.IL]SCAPE ARCN''.tHF' PO Box 1975 ' Avon, Colorado u162u " \970)!r49 0257 ' FAX (9/0t 9'19-1080 ' e lrrail: r'aiiotfc@rzehren.corrr r,vrvl.zeh ren.co rr'1 Vail Plaza Hotel 20041590.00 Zehrcn and Associales, Inc. t0t6t2004 for repair or replacemenl of existing landscape features and/or irrigation systems removed or damaged within the right of way for construction of this improvement. a. Value of improvement Estimated at $ XX,XXX. Gateway (South Frontage Road) Sidewalk. The Deveioper agrees to fumish a1l materials and labor for installation of a new, six foot wide, heated, concrete paver sidewalk as indicated in drawing Cl1 and detail D, drawing Cl5 dated 9/l/04 including associated demolition of landscape areas and sub-grade preparation. The snowmelt system shall be provided with a separate manifold for zones located within the right of u,ay in accordance with drawing M6.1. The Developer reseryes the right to modify the alignment of the sidewalk to avoid sigaificant natural features, utilities or infrastructure. The Developer shall rFt be responsible for repair or replacement of ;jl:l:::#:1,:'::?f,1':::.T:::imgation lzl5pl'-""ed or damaged within the right of wav +. for construction of this improvement. gdeK 6.6 a. Value of South Frontage Road M The Developer -l,.:P*ry tvrw materials and labor for installation of a new. thi (approximate)dscaped median as indicated in drawings Cl1, detail D,C11 and 1/04 includine associated demolition of existing paved and median areas.provided to landscape areas in accordance with drawing I-Z ar the tourn'c nontlagtef. COnCrete details and materials shall rnatch exrstlng. a. Value of Improvement Estimated at g XX,XXX. 1 { South Frontage Road (Vail Plaza Hotel) Sidewalk/Landscaping. The Developer agrees to O ' fumish all *ut.tiul, and labor for installation of a new, six foot wide, heated, concrete paver sidewalk, detached curb and gutter, heated drive including ncw drainage pan and apron and landscape improvements and irrigation system as indicated in drawings C11, L-4 and I-2 as well as details as indicated in drawing C15 dated 9/1/04 including associated demolition of landscape areas and sub-grade preparation. The snowmelt and rrrigation system shall be provided with a separate manifolds or valves for zones located within the nght of way. The Developer reserves the nght to modify the alignment of the srdewalk to avoid significant natural features, utilities or infrastructure. Additionally, the developer Si{l landscaping improvements including irrigation as indicated in drawings L4 andl-2. 5l.1*rt- "gputoera. Value of Improvement Estimated at $ XX,XXX.gL? apron eo \tAo*' Vail Plaza Hotel 20041590.00 Zehren and Associates, Inc. 10/612004 0{ ramp at the north side of the South Frontage Road. a. Value of Improvement Estimated at $ XX,XXX. Vail Road Sidewalk/Landscaping Improvements. The Developer agrees to fumish all materiais and labor for installation of a new, heated, concrete paver sidewalk, detached curb and guttff, new asphalt tum lane and striping, heated drive including new drainage pan and apron and landscape rmprovements and imgation system as indicated in drawings C9, L-3 and I-1 as well as details as indicated in drawing C15 dated 9/1/04 including associated demohtion of existing lantlscape, asphalt areas and sub-grade preparation. The snowmelt and irrigation system shall be provided with a separate manifolds or valves for zones located within the nght of way. In addition, the developer agrees to furnish all materials and labor for installation ofa new pan and concrete sutter adjacent to the Gateway entry. a. Value of Improvement Estimated at $ XX,XXX. Vail Road Storm Drainage Improvements. The Developer agrees to fumish all materials and labor for installation of storm drainage improvements located on Vail Road limited to relocation and connection wlj.h a 24" CCP to the existins storm sewer svstem at East Meadow Drive of one new curb inlet located to the north of the proposed driveway as indicared on sheet C9 and detailed on sheet Cl6 dated9ll/04. \s' 9/l/04 including associated demolition of existing landscape, asphalt areas and sub-grade preparation. The snowmelt systcm shall be provided with a separate manifolds or valves for zones located within this area. In addition, the Developer agrees to fumish all materials and labor for installation of4, (four), new light standards along East Meadow Drive. The light standards shalt be those specified within the East Meadow Streetscape Plan with 'hormal" or "typical" accessones and features necessary for normal functioning of the fixture. The developer agrees to provide installation, structural bases and connections, lamps,. and connection to the town's electncalinltastructure. . Maintenance and/or re_ lamping of the standards shall also be the responsibility of the Town of Vail. Storm Drainage Improvements including qIFh inlcts and/or drainage pipmg shall rr* be the responsibilrty of the developer. The Developer shall exercisc sare in the construction of this improvement fil shall rytr be responslble for repair or replacement of existing landscape features or irrigatiy'n systems removed or damaged within the right of way for construction of this improvement. I .tflsl0 a. Value of Improvement Estimated at $XX,XXX. ,1.t4. Eu.t lVleadow Drive Art in Public Places. The Devcloper agrees ro conrribute a one-time\\ payment of $35,000 to the East Meadow Drive Art in Public Places Archway Projecr or another approved project. Should the Town fail to commence with the design and construotion of the project within one year of the date of a Temporary Certificate of Occupancy for the Varl Plaza Hotel, the one time palrnent of$35,000 shall be refunded [o the develooer. 6t..)6 on sheet Cl6 datedg/1/} . ^ .,. nn& a. Value of Improvemenr Esrimared at $XX,X)o( .ry*ru€ \uy?olen' I East Meadow Drive Sidewalk Improvements. The Dgleloper agrees to furnish all materials and labor for installat.ion off new, heated including as indicated in drawings C9 an-FFj-5SfrEn-as'Ae-fai-Il7iindicared in drawins Cl5 dated Vail Plaza Hotel 20041590.00 Sincerely, Tim Losa Project Manager Zehren and Associates, Inc. Zehren and Associates, Inc. 10/612004 a. Vaiue of Improvement Estimated at 935.000. It is the developer's understanding that a bond or lefter of credit must be posted for 125% ofthe totalestimated amount for each of these improvements with the exception of the one-time contribution to theArt in Public Places fund which will be full funded prior to building permit. Please do not hesitate to contact. me with any questions or concems regarding the information presented.Additionally, if you need any additional information, please do not hesita'te to c"ontact me. o Design Review Board ACTION FORM Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2L39 fax: 970.479.2452 web: www.ci.vail.co.us Project Name: DAYMER NEW CONSTRUCTION Project Description: NEW CONSTRUCTION Participantsr OWNER DAYMERCORP NV lOO E MEADOW DR VAIL co 815s7 License: 05/10/2004 Phone: AppucANT ZEHREN & ASSOCIATES, INC. 05/10/2004 P.O. BOX 1976 AVON, CO 81620 License: C000001626 ProjectAddress: 100 E MEADOW DRVAIL 1OO E MEADOW DRIVE DRB Number: DR8040179 Phone: 970-949-0257 Location: Legal Description: Lot: M-O Block 5D Subdivisionl VILLAGE INN PLAZA Parcel Number: 210108203003 Comments: BOARD/STAFF ACTION Motion By: Rogers Second By: Hanlon Vote: 5-0 Conditions: Action: APPROVED Date of Approval= 0610212004 Cond:8 (P[AN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond:0 (PLAN): DRB approval does not constitute a permit for building. please consult with Town of Vail Building personnel prior to construction activities. Cond: 201 DRB approval shall not become valid for 20 days following the date of approval. Cond: 202 Approval of this project shall lapse and become void one (1) year following the date of final approval, unless a building permit is issued and construction is commenced and is diligently pursued toward completion. one year of the aPProval. of Location ofthe Proposal: Lot:dock:O'D Physical Address: Parcel No.: Name(s) of Owner(s): Mailing Address: Owner(s) Signature(s): Name of APPlicant: Mailing Address: Type of Review and Feel tr Signs E Conceptual Review B New Construction tr Addition E Minor Alteration (m ulti-familY/commercial) I Minor Alteration (singlefamilY/duPlex) D Changes to Approved Plans tr Separation Request Application for Design Review DeDartment of Community Dwelopment 75 South Frontage Road, Vail, Colorado 81657 teli g7O.47g'2L39 fax 97A'479'2452 web: www'ci.vail'co.us General Informationl All projects requiring design review mu* receive approval prior to submitting a building permit application' Please refer to the submittal requirements for the particular upp.uui tnut is requeied. An application for Design Review cannot be accepted untit att required information is receivl-J iiV-ir'" !t;1,rn1,r1'.iq,- Devetopment Department' The project may also need to o"'r"lri"*.6' ny gt" ro*n Council'and/or the Planning and Environmental commission' Design review approval lapses unless a building p"..ii'is'is"utA and construction commences within (Contact Eagle Co. Assessor at 970-for parcel no.) RECEIt/ED bv Phone: $50 Plus $1.00 per square foot of total sign area' No Fee $650 For construction of a new building or demo/rebuild' {1nn For an addition *nu," ,q,u'" footage is added to any residentia| or+Juv t"i-,.,i,.lrr.,"iJiiiiiOi.s iriti.d.. zs. aiditions & interior conversions). $250 For minor changes to buildings and site improvem,ents' such as' reroofing, painting, window additions' landscaping' fences ano retaining walls, etc. $20 foi min6r changes to buildings and site improvements' such as' reroofing, painting' *inOoti uAaimns' landscaping' fences and retaining walls, etc' $20 For revisions to plans already approved by Planning Staff or the Design Review Board. No Fee r*plti L&1-- 66..111e.; 4(cY BY:W?R9Ng:: @ *'f,:+iffiH'-w^l*Jlit1,,, ,c; , t:I0l1,,Ir0Fmilry a joint owner of property located at (address/legal description) I, (print name) provide this letter as written approval of the plans dated which have been submitted to the Town of Vail Community Development Department for the proposed improvements to be completed at the address noted above. I understand that the proposed improvements include: I fufther understand that minor modifications may be made to the plans over the course of the review process to ensure compliance with the Town's applicable codes and regulations. (Signature)(Date) Page 2 of 72102107loz TCII4AI NEW CONSTRUCTION SUBMITTAL REQUIREM ENTS General Information: The review process for new construction normally requires two separate meetings of the Design Review Board: a conceptual review and a final review. Applicants should plan on presenting their development proposal at a minimum of two meetings before obtaining final approval. I. SUBMITTAL REOUIREMENTS o Stamped Topographic Survey*o Site and Grading Plan*a Landscape Plan*a Architectural ElevationsxE Exterior color and material samples and specifications. zo,otr Architectural Floor Plans* , L u," o ,.Lighting Plan* and Cut-sheet(s) for proposed fixtures *bw'^, ^gr Title report, including Schedules A & B to veriff ownerships and easements* .;,ryo Photos ofthe existing site and adjacent structures, where applicable.n Written approval from a condominium association, landlord, and joint owner, if applicable.o Site-specific Geological Hazard Report, if applicable*o The Administrator and/or DRB may require tfre submission of additional plans, drawings, specifications, samples and other materials (including a model) if deemed necessary to determine whether a project will comply with Design Guidelines or if the intent of the proposal is not clearly indicated. Please submit three (3) copies of tlre materials noted with an asterisk (*). Topographic survey:n Wet stamp and signature of a licensed surveyoro Date of surveytr North arrow and graphic bar scaleo Scale of 1"=10'or I"=20')a Legal description and physical addresso Lot size and buildable area (buildable area excludes red hazard avalanche, slopes greater than 40olo, and floodplain) D Ties to existing benchmark, either USGS landmark or sewer invert. This information must be clearly stated on the surveya Property boundaries to the nearest hundredth (.01) of a foot accuracy. Distances and bearings and a basis of bearing must be shown. Show existing pins or monuments found and their relationship to the established corner.I Show right of way and property lines; including bearings, distances and curve information.D Indicate all easements identified on the subdivision plat and recorded against the property as indicated in the title report. List any easement restrictions.o Spot Elevations at the edge of asphalt along the street frontage of the property at twenty-five foot intervals (25'), and a minimum of one spot elevations on either side of the lot.tr Topographic conditions at two foot contour intervalso Existing trees or groups of trees having trunks with diameters of 4" or more, as measured from a point one foot above grade.o Rock outcroppings and other significant natural features (large boulders, intermittent streams, etc.). Page 3 of tZl0Zl07/02 tr All existing improvements (including foundation walls, roof overhangs, building overhangs, etc.).q Environmental Hazards (ie. rockfall, debris flow, avalanche, wetlands, floodplain, soils)o Watercourse setbacK, if applicable (show centerline and edge of stream or creek in addition to the required stream or creak setback)o Show all utility meter locations, including any pedestals on site or in the right-of-way adjacent to the site. Exact location of existing utility sources and proposed service lines from their source to the structure. Utilities to include: Cable TV Sewer GasTelephone Water Electricn Size and type of drainage culverts, swales, etc.a Adjacent roadways labeled and edge of asphalt for both sides of the roadway shown for a minimum of 250' in either direction from property. Site and Grading Plan:o Scale of I"=20'or largertr Property and setback lineso Existing and proposed easementsa Existing and proposed grades a Existing and proposed layout of buildings and other structures including decks, patios, fences and walls. indicate the foundation with a dashed line and the roof edge with a solid line.o All proposed roof ridge lines with proposed ridge elevations. Indicate existing and proposed grades shown underneath all roof lines. This will be used to calculate building height.n Proposed driveways, including percent slople and spot elevations at the propefi line, garage slab and as necessary along the centerline of the driveway to accurately reflect grade. tr A 4' wide unheated concrete pan at the edge of asphalt for driveways that exit the street in an uphill direction. o Locations of all utilities including existing sources and proposed service lines from sources to the structures.r Proposed surface drainage on and off-site.tr Location of landscaped areas.u Location of limits of disturbance fencingo Location of all required parking spacesD Snow storage areas.n Proposed dumpster location and detail of dumpster enclosure.D Retaining walls with proposed elevations at top and bottom oF walls. A detailed cross-section and elevation drawings shall be provided on the plan or separate sheet. Stamped engineering drawings are required for walls between 4' and 6'feet in height. .tr Delineate areas to be phased and appropriate timing, if applicable Landscape Plan:D Scale of 1" = 20' or larger a Landscape plan must be drawn at the same scale as the site plan, tr Location of existing trees, 4" diameter or larger. Indicate trees to remain, to be relocated (including new location), and to be removed. Large stands of trees may be shown (as bubble) if the strand is not being affected by the proposed improvemenG and grading.tr Indicate all existing ground cover and shrubs.D Detailed legend, listing the type and size (caliper for deciduous trees, height for conifers, gallon size for shrubs and height for foundation shrubs) of all the existing and proposed plant material including ground cover.tr Delineate critical root zones for existing trees in close proximity to site grading and construction.a Indicate the location of all proposed plantings. o The location and type of existing and proposed watering systems to be employed in caring for plant material following its installation. Page 4 of IZl02/07102 a Existing and proposed contour lines. Retaining walls shall be included with the top of wall and the bottom of wall elevations noted. Floor plans and oseo at angles not rd railings, chimney caps, elevations should at the Design Review Lightang Plan: u Indicate type, location and number of fixtures.o IncluQe height abcive grade, lumens output, luminoqs areao Attach a cut shEet for each proposed fixture. . ,, .': II. IMPROVEMENT LOCATION CERTIFICATE (ILC) Once a building permit has been issued, and construction is.llnderway, and before the Building Depaftment will schedule a framing inspection,. twg' gopigs of an Improvement Location Certificate survey (ILC) stamped-hy a registered professional bngineer must be submitted. The following inFormation must be provided on the ILQ;. .. , . l . . o Basis of bearinq and tie to section corner. o' ntt propert! pins tound'or sei ::o Building *location(s) wi$l ties to property corners (ie. distances and angles)' .: . . E $ujlding.dimensions, inciudilrg {Fck and balconies,.to the nearest tenth of a footo Building and galdge floor elevations.and all roof ridge and eave line elevationso All drainage and utility service line as-builts, showing type of material, size and exact locationu All easements Page 5 of I2l02l07lO2 PROPOSED MATERIALS Tvpe of Material ColorBuildino Materials Roof Siding Other Wall Materials Fascia Soffits Windows Window Trim Doors Door Trim Hand or Deck Rails Flues Flashing Chimneys Trash Enclosures Greenhouses Retaining Walls Exterior Lighting other - +bfO Notes: hWW Please specify the manufacLurer's name, the color name a Pase 6 of rZl02l07l02 nd number and attach a color chip. PROPOSED I.ANDSCAPING Botanical Name Common Name Ouantity Size PRoPosED r.rn M rnltrthd AND SHRUBS EXISTING TREES TO BE REMOVED Minimum Requirements for Landscaping:Deciduous Trees - 2" Caliper Coniferous Trees - 6'in height Shrubs - 5 Gal. Tvpe Square Footaqe GROUND COVER SOD SEED IRRIGATION TYPE OF EROSION CONTROL Please specify other landscape features (i.e. retaining walls, fences, swimming pools, etc.) Page 7 of 12/02/07102 APPROVAL & VERIFI o UTILITY o CATION This.form serves to verify that the proposed improvements will not impact any existing or proposed utility services, and also to verify service availability and location for new construction and should be used in conjunction with preparing your utility plan and scheduling installations. A site plan, including grading plan, floorplan, and elevations, shall be submitted to the following utilities for approval and verification. Authorized Siqnature Date QWEST 970.384.0257(fax) Contacts: Scott Carrington 970.468.6860 Jason Sharp 970.384.0238 EXCEL HIGH PRESSURE GAS 970.262.4076 (tel) Contact: Rich Sisneros HOLY CROSS ELECTRIC 970.949.5892 (tel) 970.949.4566 (fax) Contact: Ted Husky EXCEL ENERGY 970.262.4038 (fax) Contacb: Kit Bogart 97 0.262.40?4 Jim O'neal 97 0.262.4003 EAGLE RIVER WATER & SANITATION DISTRICT 970,476.7480 (tel) 970.476.4089 (fax) Contact: Fred Haslee COMCAST CABLE 970.949.L224 x 112 (tel) 970,949,9138 (fax) Contact Floyd Salazar NOTES: 1. If the utility approval & verification form has signatures from each of the utility companies, and no comments are made directly on the form, the Town will presume that there are no problems and the development can proceed, 2. If a utility company has concerns with the proposed construction, the utility representative shall note directly on the utility verification form that there is a problem which needs to be resolved. The issue should then be detailed in an attached letter to the Town of Vail. However, please keep in mind that it is the responsibility of the utility company and the applicant to resolve identified problems. 3. These verifications do not relieve the contractor of the responsibility to obtain a Public Way Permit from the Department of Public Works at the Town of Vail. Utilitv locations must be obtained before dhging in any public right-of-way.or easement within the To$& of.Vail. A buildirJg obtained sesaiibtelv.' ''"' i , '.., ermit is not a Publiel0/a Developer's Signature Date ermit and must be NOTES TO ALL APPLICANTS Pre-apolication Meetino A pre-application meeting with Town of Vail staff is encouraged. The purpose of a pre-application meeting is to identify any critical issues pertaining to the applicant's proposal and to determine the appropriate development review process for an application. In many cases, the pre-application meeting helps to expedite the development review process as critical issues are identified and dealt with in the preliminary stages. A pre-application meeting may be scheduled by contacting Judy Rodriguez at 970.479.2128 or irodriquez@ci.vail.co.us Time Requirements The Design Review Board meets on the lst and 3rd Wednesdays of each month. A complete application form and all accompanying material must be accepted by the Community Development Department prior to application deadlines. A schedule of DRB meetings and associated application deadlines may be found on the World Wide Web at http://ci.vail.co.us/commdev/planninq/drb/meetings/default.htm For a hew residential development, the application deadline is typically 3.5 weeks prior to a Design Review Board hearing. Review Criteria The proposal will be reviewed for compliance with the Design Guidelines as set forth in Title 12, (Zoning Regulations) and Title 14 (Development Standards) of the Town of Vail Municipal Code. Requirements for prooerties located in hazard areas If a property is located in or adjacent to a mapped hazard area (i.e. snow avalanche, rockfall, debris flow, floodplain, wetland, poor soils, etc.), the Community Development Department may require a site-specific geological investigation, If a site-specific Aeological investigation determines that the subject property is located in a geologically sensitive area, the property owner(s) must sign an affidavit recognizing the hazard report prior to the issuance of a building permit. Applicants are strongly encouraged to consult with Community Development staff prior to submitting a DRB application to determine the relationship of the property to all mapped hazards. Reouired Plan Sheet Format For all surveys, site plans, landscape plans and other site improvement plans, all of the following must be shown. 1. Plan sheet size must be24"x 36". For large projects, larger plan size may be allowed.2. Scale. The minimum scale is 1"=20'. All plans must be at the same scale,3. Graphic bar scale.4. Nofth arrow. 5. Title block, project name, project address and legal description.6. Indication of plan preparer, address and phone number. 7 . Dates of original plan preparation and all revision dates.B. Vicinity map or location map at a scale of 1"=1,000'or larger.9. Sheet labels and numbers. 10. A border with a minimum left side margin of 1.5", 11. Names of all adjacent roadways. 12. Plan legend. Page 9 of 12102107l1z Desion Review Board Meetinq Requirements For new construction and additions, the applicant must stake and tape the project property lines, proposed buildings and building corners. All trees to be removed must applicant must ensure that staking done during the winter is not buried by snow. All staking must be completed prior to the day of the DRB meeting. site to indicate be taped. The site tapings and The applicant, or their representative shall be present at the Design Review Board Hearing. Applicants who fail to appear before the Design Review Board on their scheduled meeting date and who have not asked in advance that discussion on their item be postponed, will have their items removed from the DRB agenda until such time as the item has been republished. If the DRB approves the application with conditions or modifications, all conditions of approval must be resolved prior to the issuance of a building permit. Staff Aoproval The Administrator (a member of the planning staff) may review and approve Design Review applications, approve with cetain modifications, deny the application, or refer the application to the Design Review Board for a decision. All staff approvals are reviewed by the Design Review Board and any staff decision is subject to final approval by the DRB. Additional Review and Fees If this application requires a separate review by any local, state or Federal agency other than the Town of Vail, the application fee shall be increased by $200.00. Examples of such review, may include, but are not limited to: Colorado Department of Highway Access Permits, Army Corps of Engineers 404, etc. The applicant shall be responsible for paying any publishing fees in excess of 50% of the application fee. If, at the applicant's request, any matter is postponed for hearing, causing the matter to be re-published, then the entire fee for such re-publication shall be paid by the applicant. Applications deemed by the Community Development Department to have design, land use or other issues, which may have a significant impact on the community, may require review by external consultants in addition to Town staff. Should a determination be made by Town staff that an external consultant is needed, the Community Development Department may hire the consultant. The Depaftment shall estimate the amount of money necessary to pay the consultant and this amount shall be forwarded to the Town by the applicant at the time of filing an application. The applicant shall pay expenses incurred by the Town in excess of the amount fonvarded by the application to the Town within 30 days of notification by the Town, Any excess funds will be returned to the applicant upon review completion. Page 10 or 12102/07/02 Suruey/Site Plan Review Checklist Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.47 9.2L39 faxi 970.479.2452 Submittala Stamped survey of property o Civil/Site plans Suruev Reouirements: Surveyor's wet stamp and signature Date of survey North arrow Proper scale (1"=10' or I"-20') Legal description Basis of bearings / Benchmark Spot Elevations Labeled right of way and property lines; including bearings, distances and curve information. Lot Size Buildable Area (excludes red hazard avalanche, slopes greater than 40ol0, and floodplain) D Landscape plan o Title Report (Section B) o Environmental Hazards (ie. rockfall, debris flow, avalanche, wetlands, floodplain, soils)D Watercourse setbacks (if applicable)o Trees o Labeled easements (i.e. drainage, utility, pedestrian, etc...)o Topography o Utility locations o Adjacent roadways labeled and edge of asphalt for both sides of the roadway shown for a minimum of 250' in either direction from property. D tr tr D tr tr u B tr Site Plan ReEuirementsl I. Access (check all)a Driveway type and finished surface are shown on the site plan.u Unheated o Heated (portion in ROW in a separate zone) o a tr Snow storage areas are shown on the site plan within propefi boundaries (30% of driveway area if unheated; 10o/o of driveway area if heated) All driveway grades, dimensions, radii are clearly noted on the site plan and conform to Development Standards, p, 11. Steepest Section Driveway Grade (not the average grade):_ Parking spaces and turning radii are noted on site plan and conform to Development Standards, pp.12&14 Construction Site (check all) Location of all utilities and meter pits are shown on the site plan. Limits of disturbance construction fencing is shown on the site plan. I am aware that approved Staging and Construction Traffic Control Plans, as per the Manual of Uniform Traffic Control Devices, will be necessary prior to construction. I am aware that a Revocable Right of Way Permit will be required prior to construction. TO1IAI web: www.ci.vail,co.us *This checklist must be submitted priorto Public Works review of a proposed development Owners/Project Name: Project Address: Applicant:Phone Number: Page 11 of I7lA2/07lOZ ffi, Drainage (check all that apply)u The required Valley Pan is shown on the site plan as per Development Standards, p. 12.o (Note: Valley pan must not be heated)o 4 Foot Concrete Pan D I Foot Concrete Pano Positive and adequate drainage is maintained at all times within the proposed site.o Culverts have been provided and are labeled and dimensioned on the site plan. r A Hydraulic repoft has been provided. (As requested by Town Engineer) ry. Erosion Control (Check all that apply)tr Disturbance area is greater than one half acre.n A separate Erosion Control Plan has been professionally engineered and PE stamped.o Less than one half acre has been disturbed, and proper erosion control devices are shown on the site plan. V. Floodplain (check all that apply)tr The project lies within or adjacent to a 100 year Floodplain.tr 100 year Floodplain is shown on the site plan, o A Floodplain study has been provided. (Required if floodplain is within construction limits or as requested by Town Engineer)o The project does not lie within or adjacent to a 100 year Floodplain VL Geological/Environmental Hazards (check all that apply)tr The project lies within a Geologic/Environmental Hazard area. (See Development Standards, p. 20)a A Hazard Report has been provided o The project does not lie within a Geologic/Environmental Hazard area, VII. Grading (check all that apply)tr Existing and proposed grades/contours are provided on the site plan. I AII disturbed areas have been returned to a 2:1 grade. a All disturbed areas not returned to 2:1 grade have been Professionally Engineered with slope protection and/or stable soils. PE stamped details are provided within plans. o Only existing contours are shown on the site plan, there is no proposed grading. VIII. Parking (check all)o All residential and commercial parking spaces conform to the Development Standards, pp. 12&15. H. Retaining Walls (check all that apply)u All retaining walls conform to the standards in the Development Standards, p. 19.D All retaining walls and combination walls over 4 feet have been Professionally Engineered and a PE stamped detail has been provided within the plans. a All retaining walls are shown on the site plan, with labeled top and bottom of wall elevations and type of wall construction.o No retaining walls are required for this project. X. Sight Distance (check all that apply)o Proper sight distance has been attained and shown on site plan as per Development Standards, p.12. aPropersightdistancehasnotbeenattained.Exp|anationWhy;- Additional Comments Please provide any additional comments that peftain to Public Works Review. Page 12 of 12102/07l1z Applicants Signature_ ,From Land Tit'le (S9) Thu 06 May 2004 01:12:49 PM MDT Paqe 1 of 14oaF land Tltle Land Title Guarantee Company CUS'f O}TER I}TS'I'RIBUI-ION Daie: {15-lX-2lltl4 (hrr (}rder Number: V(3771111.1 Property Addrms: VAIL VTLIJ,GS TNN If grn have any irquirics or rcqnirc ftudrer rrssistrnce, please conhct one trf tlle mm$ers below: For Title .4..slistnnce: Vail Title DepL Karcn Biggs 10ri s. FRoNTA(;E RD. W. #203 P.O. BOX 35? vArL, co 816s7 Phone: 971]-476-2251 Faxt 970-476.4732 D,MaiI: kbiggs@llgc.com CON'i\{IE DORSEY !Alt. Vll-l.A(llt $'iN t2 r',ul. ROJ\D, STf" 2m vAtr4 co E1657 Phrrncr f/ll4?6-56?,2 Fut:. 9704764561 Setrt Yia Fax From Land Title (S9) Thu 06 May 2004 01;12:49 PM MDT Page 2 of 14oo_ m Land Title Guarantee Company Da&: {}5-06-2t}0,1 Our ()rder Numlrcn V{277781,1 Itropcriy Addrrrrs: VAIL VILLAG{ INN Buyer/Boron'er: I}AYMER CORPORATION N.V.. A NL'T'HT]RL4.NDS AN'I'ILLES CORFORATION lieller/{}rloer: DATMER CORIORA'T-ION N. V.. A NTfI'H}:ITLANI}S AN'IILLES CORFORA'T'TON Nccd a sap or direclioos -for -your upcoming closing? Ctcck oul Land fitlc'r wcb sil,c al www.ltgc.conr lbr directions to any of onr 54 ot'lice locations. I';STTMATL OF TTTLIt I.'nES Idormalion Birder s7so. oo 'fol)ll-91s0. O0 For sei?lrr rEl?ccr' TIIAIIK l'OU fOR YOTTR ORDnR! From Land Title (S9) Thu 05 May 2004 01:12:49 PM MDT Page 3 of 14 -lLand lifle LIN) TIT1ECUAHANIE @'1PRNY lhl\rUCE fi,rnsn DAYMER CORFORATION N.V., A NETflERLANDS ANTILLES CORI'()RATION Prupcrly Addcss: VAIL VLt AGlt INN Yorr Refererrce No.: l41hen refenirg tn this order, plese n:fen:rce our (hder No. V(2777117,7 - cE{R(;E.i - Irform:rti{}n Birdrr $150.r)0 -'fola|.-$150.00 Plsd;e rrr*ke cl*ck; payable trr: t .arrl 'lillc Guer+dar Comlany P.(I Brx 5440 Dmver, CO ft0217 From Land Ti t'l e (S9)Thu 06 May 2004 01:12:49 PM MDT Page 4 of 14 Chicago li0c losurare Cornpany ALTA C(}MIlIITI}IENT Schedule A Our Ordcr No. VCfi7787.1 C\r.st Rel'.: Property Adrcr*s: VAILVLI,A(;EINN l. Effertive Date: April lt, 2004 at5dXl F,[tI' 2. Policy to be Lssned, and Pnrprned Inmred: Idodnation Bidcr Pruposed Imund; DAYMSR CORT'ORA'T'|ON N.V.. A NIfI'HI4RI,ANDS ANTII,I .FS CORPORA'T'rcN 3. The astate rr intenx;t in the land ale$crilttd or rel'errcd |,tr in this Crunmitment and covered herein is: A Fec Sirnde 4. fiUc to Urc cstatc or inlcrcst covcrcd hcrcin is at lhc cffcctivc datc hcrtof vcs{cd in: DAYMER C(}RP(}R4,TION N.V.. A NDTTIERLA,ND$ ANTILLEIJ CORfi)RATION 5. Thc land rclcrrcd lo in this Commilrnenl is dcecribcd as followdi IIXE ATTALEED PAGE($ F(}R I,E(;AL DESCTIPTI(}N From Land Ti t'l e (S9)Thu 06 Mav 2004 01;12:49 PM MDT Page 5 of 14 Our Ordcr No- V(277787.1 tGALtECf,mct\l PARCF,I, 1: CONDONIINIUM UNII'1, VIrIAGE INN PI.AZA.PHASIC IV CONDOMINIUNIS, ACCORDING TO I'TIE coNDotIINIUM MAP REC()nDED DE(A\IBER 17, 1992, IN B(X)K 5% AT PA(;E 9r.0, AND A"S DFJINF,D AND DIISCRIRT'T, TN TFTN CS{DOM]NIUIII DFCIARATIOi{ RFCORI}T'D IT'CT',\ffiER I7, 1992 ]N tsOOK 596 A'I PAG-E 9O', COUN1Y O}' EAGLE, S1ATD OT'COTORAI}O. PARCIIT,2: O*IITTTD PARCIIIL 3: ON{ITIT.JI) PARCEL 4: I'HOSD POR'|'rONS Or t{)ls l\4 N, ANI) o. BLOCK5-D, VAIL V|LI,AGE, !'rRSl'l'rLING ACTT)RDIN(; T() TIIE IVIAP IITEREOF RECORDED UNDER RELT,PUON N0. 963It2 I|i THE OF]FILT- oF TrffEAGIlt COUNTI" COT,OR DO, Cr.rlRK ANr) RFCORD|]R (CLTdRICS RTrcORDS) DTiSCRBEI) ASIOLLOWS: nncINNINc AT.^ pOrNT, ON THn NORTHnRIJ LINn OF SAID r,OT O, WHrCrr IS THrt NORI'TIEAST CORNT'R OT,'A PARCtsL DISCRIBDD IN ITOOK 230 AT PAGE 556 OI' TTIE CLERK'S RECORDIi, WHEN(E TIIE IiORTTIIVEST CORNER ()F SAID Il)T N BE{.R.i NORTH 79 DB(;REES 46 ]!flNUTBS 00 STCONDS WITST 175.00 I,TlltT DISTANT; TriltNCIt Ar,olic SAID NORTIIIIRIJ r,INq sou.ru 79 DEGRETF 46 l|.ilNur.ls 00 SECONDS EAST 178.ir0 r'Esl; 10lHn NoR'r-Hwr]s'r C(}RNER OF VILLA.(;E INN PLAZA, A C()\DOIVINIIIIVI, ACCoRDIN(} T0 TIIE [,IAP TTIEREOF RIr{ORDriD IN BOOK 349 AT PAGII r I OF THR CLERKS RIiCORDS; THI{INCB, ALONG TIIE WIISTHRLY LINI; Or.'SAID VILr,AGll INN Pl,l{L , A CONDO[ilNlUl\4 SOUl]l 09 DEGRI-ES 30 DTINUTEIi IX}.SECONDS TryAST 37.51 trET TO TIIE N(}RTTIEA$TERLY C0RNER 0F C0ND{)MINruhI NIAP FOR V[,I"{GE INN PL/IZA - PHASn Iv CONDONIINIUI\IS, ACCORITTNC TO TTItd M P THF.RF,OF RJTCORDITD lN THts CLERI('S IIECORDST l'flrNCE IIIIPARI'INGSAID WI:S'I'ERLY LINE THE, F'(}LLOWING NINE C(}I}RSES ALON(; TIIE NORTHF,RLY, EASTERLY AND SOUTHMLY LINES 0F SAID CONDONINIUI\I MAP FOR VII-I,AGIi INN YI-\ZL - PIIASIT W : (t) NORm 79 rTECRTCF,S 4? NilNU'IES ll8 SBCONDS Wt)S'r'70.07 l'Eltr'; (2) SOUTL 32 Db'GREBS 56 IltNUl'ES 27 SECONDS WEST 63.51. FEET; (3) N(}RTH 79 DE(;RERS 47 IITINUTES I}II SEC(}I\'DS WBST 6I.4'6 FEET; (4) SOUTH l0 DIIGR]'IIS 12 N.IINUTT{S s2 SITCONDS W[,;ST 69.82 Fr{nT, TOTIIII NORTITIIRLY IACE Ol'AN EXI,STING BUILDIT^G; {5) SOUTH 79 DEGREES 58 IvllNUlIiS 51 SECONDS ri{ST 6.35 F3ET, AII)N(; TIIE NORTHRLY FALT OF SAID EX[\'TIN(; BUILD]N(;; (6) SOUTE 10 DTqGRI{I?$ 01 N,ITNUTTIS 09 STCONDS WI]ST 6,41 lrfiITT, AI,oNG THE IIASTI'RI.Y FACI} ON SAII) lxIS'r'rNG BUILDING; (n DUPARIING'rlrE rt{S'tuRLY llA.CE Or SAID EXISI'ING BUI,DING' S(IUTE 79 DE(;REES 47 IVilIIUTES Olt SECONDS EAST tt3.93 FET; ({l) N(}RIII 10 DE{nfnS 12 NIL\ruTTS 52 SIiCONDS EAST.il60 FnrcT; (9) SOUTTI 79 DF,CRIIES 47 l\{INUrr{S 08 SnCONDS -uAsr 67.05 .b.Erfl" 10 l'ItE sA-u) WESl-rJRLy LrNrJ Or- VILI,AGF; INN PI,A'L{, A CONDOMNTUM; IIIENLE TIm F{)LI.{)1VIN{; THREE C{)URSES AL{)N(: SAID }IIRSTERLy Lf,\E: (li SOUTII (19 DEGRIIF,S 3ll ll{IhIUTTS 00 SLCONDS WIET 50.91 FllIdT; (2) SOUTfl 80 DIeGRItf{S 30 I\'IINUTLS 00 SIICONDS IIAST 56.60 l,'Etr-I-r {3) SOUlll 09 D-E:GRIIES 3{} I'UNUTES 00 SECOI{DS wI]Sl' 7.46FEEI, T{) THE NORTHERLY LINE ()F VILLA(;E INN PT-AZA PHASES I AND IL ACCORDING TO T}IE NTAP TFIIIRI1OF RITCORT,ED IN NOOK 388 AT PAGII 855 OF TIIN CT,IIRK'S From Land Title (S9)Thu 06 Mav 2004 01:12:49 PM MDT Page 6 of 14 Our Order No VQ77787.1 I..EAI-DECRPnCN RECORDS; THENLE TTIE F()LLOWIN(; FOUR LI)URSES AL{}NG Tm N(}RTIIRLY AND IIIESTERLY LINIIS OF SAID \rIIInGIi INN PI"\7,A PHTLSI{S I AND II; (l) NORfiI 80 DItGRFJtiS 22 ItttNUTES 22 SECONDS Wts^ST 125.s9 r'rllft; (2) SOUTH 42 DEGRHES 32 MINUTHS 21 SE'CONDS WEST {6.U1 FEET: (3) SOUI3 lt2 DE(;REES lt6 IIIINUTES 46 S:ECONDS 1{IBST 49.41t FET: (4) SOUTH 10 Df'jGREIIS 13 NIINUTIIS 02 SIiICONDS WINS'r 53.51 I.T,lItT TO THn NOKIIFiSil]RIJ COR},iIR OF T.-ORII:II.ITURE OR REVERIUR CLAUS$ AMENDNTENT.TU CONI}OMTNruM MAP OI. VILLAGE INN PL{ZA . IIIA"SE V L$NDT)I\{II{IUNI.\ ACL'(}RDIN{; T() TIIE MAP IIITREi0F RECORDED IN THE CIJRKS RIiCORI}S; TIIII,NCI' THI{ FOIfi}WING THRI{I{ COURSF.S ^TONG THII NORTTIEPJ,Y I,INE OT SAID FIRSI AMlNlltu-r.rr*1'1'O CONDOfiilNTUM MAP Of,' VILLAGf, tNN Pt AZ4 - PHASE V COND{)MINIUMS: (1} NORTII ttl} DDCnm.s 02 IVIINLTTES 44 SEC(}NDS wEsT 106.72 FEET; (2) NORTH 09 DIICRItI{S 57 NflNUTnS 16 SliCOhlDS IDAST 6.75 r,T{liT; (3} NORTH 8{f r}llGRFJtS 02 MrNU'r'Es 44 SECONDS WESr'5a23 r'tsgt', TO'frrE wES'r'u,RLy L|NE Ol. SAID r,gr'[.q 'THENCE N()RTIIIXI DEGREBS23MINUIES lxl SEC{)ND:r- WBST 10s.76 FET, ALONG SAID TryASTERLY LINE TO TtIIt NORTHVVIIST CORNER OF SAID LOT ltf; TFIIINCI{ ALONG Tmt WITST LINL OF sArD LoT N, NORII{ 00 I}EGREES 23 ltrrNUTBS 00 SEC0NT}S WEST50.05 r'En'r. 10 'rH}l S0UTHWE(iT CORNER ()F SAID PARCT,L DESCRIBU) IN B(X)K 23|) AT PA(;E 556 OF TIM CIIIRKS RF]CORDSi TI{nhlCn THE FOIJ.OWINC TWO COLTRSIiS ALONG TIilSOUTIIIIRIJ ANI) DAS'IERLY LIN-US Ol'SA1l) PARCEL: (r) SOU'ftI 79 DEGRUES 16 MlNU'r'gS 00 SECONIIS EAST 147.it6 EEET; (2) NORIE 10 DEGREEI| 14lvfr'{UTES Olf SECONDS EAST 147.43 FET, T() THN POINT OF BI]GINN]NG. COUNTY OT EAGII'. STATI' OF COI,ORADO. PARCEL 5: coNDoMrNrUM UNIIS 2 AND 3, VILI,AGE tNN pLAZA - PHASE tV CONrlONilNlUM,S, ACCORTITNG fi) TIIE C{INDOMNIIJIII lvf{P REL-ORDED DE{jE}IBER 17, ry)2, IN B{X)K 596 AT PA(E 910, AND AS Dnr,T\WD AND IIT,SCRIRI'D lN Tlltt CONDONIINruNI DECLARATION RITCORI]I'D DECInfRER 17, 1992 IN BOOK 596 AT PACI 909, COUN1Y OI' EAGLE. STA'IU O}' COLORADO. From Land Title (S9)Thu 06 Mav 2004 01:12:49 Pli MDT Page 7 of i4 A L1I-A COMMITI\II'N T ScheduleR. Seclion I {Requiremenh) (hu (}rder No. V(277787.\ Thc following arc lhc rcquircmcnts lo tlc complicd with: llcm (a) Pqymcnt lo or for lhc sccolmt of lIrc granlor6 or morlg*ors of thc full considcratiotr for ltrc csltrac or intenst b lx insrued. llcm (b) Propc. irBtrumn(s) crcalirg Lbc cslalc or inlccrt lo bc insrmd mrot bc cxccutcd a{d duly filcd for ffcor4 1o-wit Itlm (c) fbyficnt of all tm.ca, chargcs or asses$rncols lcvicd aod asscsscd Bgaiml lbc sublcl prcmisct which arc duc ard pryatle. Ilcm (d) Addiliosl rcquiremcnls, if any dscloscd bclow: THls COMMNMI]N'f ]S T.'OR INF'OR}.TATION ONLY. AND NO TSLICY WIII I}E ISSUEI} PURSUANTHERETO. From Land Ti t'l e (S9)Thu 06 May 2004 01;12:49 PM MDT Page 8 of 14 ALTA COMA,IIl'N,I ENT Sc}eihrle R - Section 2 (Exccptions) {}ur Order No. V(2777t17,1 'fhe policy or policies to bc issucd will contain cxccptions lo thr following unlcss thc samc arc disposcd of trr the satidhction uf the Conpany: 1. Rignk or ctairrr of parlie$ in posscssion nol shown by lhc puUic ncords. 2. Iiaselncntg, or claims of easements, not sholrat by fte trrblic rccords- 3. Discrcpanci*xr, crnllictr in lxurdary lirrs, slxrfage in aret4 encnmclunenh, and au1' lati whicb a contd snrey ard inspection of 0re prcmises would disclose and which art mt shoryn by tlre public rucords. 4, Auy lien, or right tr a lieq for servic*s, latxr or mderial trerelnforc or lxreal&r fumi^$hcq irrposed by hw ald ml sho* r by tlrc prHic records. 5. Defmts, lirns, emunbnrces, advene claini or othcr mrtlen, if ary, crcafed, finl appearing in &e ptblic recordr or attachir€ $fi6e$Erf to fte effeclive dab hereof h|t prior to fte date tlE Frposed insErd acguircs of ncord for valrrc lbc es|:lh or inlcrrsl or rnrdgagc lhcrcon covcrcd by lhis CommilrrnL 6. Taxes or special assessmen8 yhich art rbt shown as exisling liern by Ore piblic rccords. o ffle TramrtrJs office. 7 . Liem frrr ru:puid water ud sewer chager; if any. . E. ln addilion, lhc owrds policy will bc suhiccl lo thc nrorlgagc, iI any, ml,cd in Scclion I of Schcdulc B hcrcof. 9. RTGHT OI'PROPRIETOR OI'' A VEIN OR I,ODE 10 EX'T'lL{gf A-!{D Rf,MOVts HIS ORE TIIENEFR'O]VI SHOULD TTIE SAME BE FOUND T0 PENIETRATE ()R INTER.SEL'T TTIE PREM$ES AS ftINT'RV]]D IN UNITFjI) STATfC.S PATITNT RNCORDITI} JUI,Y 12, 1899, IN ROOK 48 AT PAGtt 475. 10. RIGHI- Or1' WAY r{OR Dn{]HES OR CA\AIS CONS'TRUCIED BY l'HD AU1}IORI'rY Ol'l'Hts UNITED I!^TAT-BS AS RESR\TD IN UNITED STATES PATENT REC()RDED.ruLY 12, 1t199, IN ROOK 48,TT PAGTr; 475. 11. RI'SIRICTIVE COVIINANTS WHICE I}O NOT CONTAIN A FORTTJITURN OR RNVDRTER CI,AUSq BU'f OnrIftfNG ANY COVTiNANT OR RES'r'r|JCIION BASnD ON rL{C& CO[,O& R_BLIGION, SDC IIANDICAP. I'AMtr IAL STATUS (]R NATIONAL ORI(;IN UNLESs- AI\iD ONLY TO TI{E rlxTriNT TRAT SAID COVINANT ( ) Is tilmMpT UNDER CHAprrlR 42, S"FCTION 3507 OF llllE UNII'IjD S1'41'ES COD_E OR (B) Rtrr-ATES 10 H,LNDICAP BUT DOES NOt' DFi(]RrlmiATEA{;.q.An$T Ii]A,NDIL},PIERSONS, AS CONTAINED IN INSTRUnIEf{T RECORDED AUGUST 10, 1952, IN BOOK 174 ATp^cti, l?9. 12. RTTCIPROCAI, F,\SAVIENT AGRICT'IVTFNT RETWT{IiN VAII, VII,I,AC]' INN. A COT,ORADO C10RPORATIOI{, JAMM Ll'D., A COLORAI}O LIMITED PARTNERSHIPAND VAIL VILLAGg INN ASSoCIATE.S, A CT)LORAD(} (;ENERAL PARTNRSEIP RET]0RDED .IANUARY 3, 19$I IN BOOK-jsr TP Gti324. From Land Title (S9)Thu 06 May 2004 01:12:49 PM MDT Page 9 of 14 ALTA COMMITNIEN'f Schedule R -Secfon2 (Erceptions) (hrr Order No. \(277781.7 'fhc poliey or policics 1o bc issucd will contain cxeeplions to thc following unlcss thc samc arc disposcd of kr the satisiaction of the Conpanv: 13. TIiRIVIS! CONDTflONS ANr, PROVISIONS OF AGruIr,fi4FJ.[T RECORDnD SrPTT,MBER 09, 1983 IN BOOK367 ATPAGE,&}3. -I.4. CONVtrYANCE OFEASEMEN'TS Brfr}YEEN VAIL VII,AGE INN, INC., A COI-ORAI}O C{)RP(}RATI(}N A}r-D F&L VAIL VILLAGE f,{N PARTNER.SEIP, A COLORADO {iENERAL PARII\-ERSHIP RIICORI'FiD ruIJ 10, 1984 tN BOOI{ 388 AT PAGE 861. DECI,ARAT|ON OF PARTIAI, VACATION OF EASNMT'NTT IN CONNIECTION WTITI SAII) EASEMTNT RHCORDI]I) JULY 25, 1985 IN BOOK 4A) AT PAGE 741. 15. l'ERl!I,S, CONDIIIONS AND TROVISIONS OI.'DIICI-ARAUON O}'SASEMEN?5 AND RIGH1S REC(}RDf,,D FTBRUARY {I4. I9II8 IN B(X)K 478 AT PA(;E 377. 76. TER]Vf,\, (}I{DITI(}NS AND PROYf,SIONS (}F DELI-ARAII0N C'(}N(ERNING PARKING TryTTHIN SPNCIAI, DE\4il.OP'I}IFNT DISTRICT 6 RIiCORDFjI) JIJI,Y IO. T984 IN BOOK 38TI AT PAGII Es6. L7- IlASUMtrNlTj, COFIDT'IIONS, COVENANIS, RtsSTHgnONS, RESERVAI'IOI\iS AND NgrSS ON TI{E COND(N,IINIUIVI IVIAP REC{}RDED DELU\,IBM.17. 1992 IN B(X)K 596 AT PA(;E 910. 1$. TInXiE PROVISr(]NS, COVEhiANTS AND C()NDmONS, EASWIENTTi AND RESTRIL'TIONS, 1VHICII ARI' A RURDEN TO TIil] CONDO}'fi\IIUN| UNIT DISCRIBIil' IN SCHIDUI,II A, AS CON'IAINED IN INST'RUMIiNT RSCORDED DECEMBER 1?. T99A N BOOK 596 A1'PAGE 9119. 19. TERtr i, CONDtrr()N.S AND PROV$IONS OF CUVENANT REC{)RDED DECB,IBER 17, 1992 IN BOOK 59d ATPAGR 9II. (TFIII AROllt ruFiIltS AI'T'IrcT 1) 20. TERrvtS, CONDTTTONS AND PROYTSTONS OF rlrCCr"{RATTON Orr F,,{SEDflrN'rS RF{ORDrln DECttMBnR 17, r992IN _BOOK 596 AT pAcE 908 AND AS SHOWN ON ALI'A/ACSI\{ PREFARM iIJLY 26,1ry6 BY AA{;L'E VAI,IT"T SURI'EYIN(;, IN(; JT)B NO. It54-5. From Land T.itle (S9)Thu 05 May 2004 01:12:49 PM MDT Paqe 10 of 14 ALTA COMMIl'&IIN T ScheddeR-Section2 @xceptions) (hu Order No' \{277787 '1' fhc poticy or policics to bc issucd will contain cxccptions to lhc folowing unlcss lhc samc arc disposed rrf trr the satidaction of the Companv: (TIIE ABOVE ITMI AFTELTS PARCEL 1 AND PARCTL 4) 2I. R(;HT 0F WAY FOR DIT(EF^S ()R CANALS L'0NSTRUC'TED BY THE AUTHORITY {)F TIIE UNffED STATIiS AS RTiqER\{TD IN UNTITJD STAflLq PATIINT RT'CORDTD JUT,Y 12. 1899, IN BOOK4E A'I PAGE 475. 2L RIGHT O}'PROPRIE.TOR OT'' A VE.IN OR LODE lO HX.I'RACT AND RJIMOVE HIq ORE THEREFROITyI SIIOLJLD IEE SAME BE II)UND TI) FETIETRATE OR INTERSELT IIIE PREMI;\IES AS RT,SERVND IN UNITFD STATIiS PATIINT RTNCORDID ruI,Y 12, 1899, IN ROOK 48 AT PAGE 475. 23, HIST]RIC1]TV},; COVENAN'ffi WHICH I}O NOT CONTAIN A T'OR}'ETT'URE OR RI'VT;I{I'ER CLdUSE, BUT OIVIIfIING ANY CO\'EFTANT ()R RNSTRICTION BAS'ED ON RA(E COI]O& REIJ(;ION, SI'X. HANDICAP. FAI\IIT,IAI, STATUS OR I'{ATIONAI, ORIGIN UNT,TSS ANT' ONIJ TO TfM IEXI}]F|'[ THA'I'SAID COVEN.ANT(A) IS ID(EI\,IIII UNDER CHAPTBR 42, SEgr'loN 3607 OI,- TIIE UNITM STATES CODE OR (B) RELAIE$ T() HANDICAP BUT DOES NOT DrscRrr\[NATE AGAINST HANDrC,\P ptlRSONS, AS CONTAINUD rN INSTRT]TVIrNT RlllCORDED AUGUST r0, 1962, rN -BOOK 174 AT PAGil 179. 24. EASEMENII;. CONDInONS, COVENAN'IE, RtrSTRrgnONS, RtSgRVAl'tONS AND N(n'ES ON TItr RECORDED PLAT (}F YAIL VLI.A(;E FIRST FILIN(;. 25. RECIPR(TAL EASENIE}IT A(;RE&IENT BETWMN VAIL VILLAGE f,\N, A C()L()RA.D0 CORPORATTON, J{IVIM I,TD., A COI,ORAI}O I,]MIT]'D PARTNF,RSHIP, AND VAII,ITI,INGTi INN ASSOCIAI'ES, A COLORADO G'iNEI{{L PARI\E,RSHIP RIJCORDED JANUARY 3, T9B3 IN B(X}K 351 AT PA(;E 324. 26. UTILITY Efu$EIIIENTAS (;RANTD T{) HOLY CR(\CS EMC'TRIC ASSOCf,{TI(}N, INC, IN INSITT]]IIIff]T RI'CORDf'D JANUARY 2I. I9B3 IN BOOK 352 AT PAGI] 396. 27- TTRMS, CONDTTIONS AI{D PROVISIONS OF AGRrCr,$.|FNT RITCORI}rD SFlPrTr.MBllR 09, I9B3 lN B()oK 367 A'I PAGE 833. 2E. ENCROACITI\{EN1'O}'BAStrMENT ARE.A OT- VILLAGI] INN PI,AZ{ AND VIIT{GE INN PI,AZA PHASES I AND tr (}NTt} S'UB.IECT PR0PI.RTY A.Ii SHOWN ()N IIIIPR0VMIENT L(XJATION CT'RTII'ICATI' BY F,/\GI,II, YAT,I.EY SLTRVIIYING, INC., JOB NO. 854-5 I}ATfiI} JUIJ 26 From Land Title (S9)Thu 06 Mav 2004 01:12:49 PM MDT Page 11 of 14 rTMEN'T j ()ur Order No. Vl2lT|tl7,l following unlcs$ thc samc arc disposcd GF] INN PLA.ZA PHASES TAND II ONTO LfiJAIA}N CERTtrICATT BY EAT;LE ruLY 26, 1996. SA[} I]NCTOAC}IMI.NT WAS RI'CORDI{I} CEI|iN. tNC,, A CSIORADO ! A COLORADOGENERAL AT PAGIT 86I. IN CONNFCTION WTIH SAII) A1'PAGE 74I. AND VTEW AGRJ'SMUNT (;E 167. A(;REMEtr{T RECORDM AIDRIL lil, : COVT'NANTS RF{ORI}ET' APRII. ED APRIL A). T992 IN BOOK578 FJ.SEIIIEI{T REL'{)RDED D'AY 1II, 1Y}4 DAI'r\fi;n CORPORAfiON N.V., A ALl'A COM Schedule R . (Exceptions fhc policy or policics lo bc issucd will conlain cxccplions to of to the satidaction uf the Cornpany: 1996- 29.trNCROACHMEI\1'ANI} ROOI. OVERHANG OT.' V s'UBIELTPR0PERTY AS SHOrIT.I ON vAIJ,ftY SURVEYTNG. tNC-, JOB NO- 854-5, DA NOTtl: IiASnnmNT AGRI'XUIII.NT IN CONNnCTION JULY 10, 1984tN BOOK3SSATPAGE$6r. CONYEYAIICf, OTEASEMITN'rS BIr'TWEEN vArL v30. C{}RIII)RATI(}N AND F&L VAIL VILI,A(;E f,{N E PARTNTIJRSHIP RI{OORI}]]D JUIJ IU 1984 IN BOOK DT'CI,ARATION OF PARTTAI, VACATION OF EASEMtsNTRECORDE,D JULY 25, T985 |li BOOK 31.1IRM5, CONDIlIONS ANI} PROV$TONS OI.'EN RECORDED DEC&IBER 22! 1989 IN B(X)K 520 AT 32.TERNf,S, C0AIDNIONS AND PROVLSIONS ()F 1992 rN BOOK 577 AT PAGE 628. TnRMs, coNrlnroNs AND pRovtsroNs or33. 23, 7992 rN BOOK 578 AT PAGE 368 AND AT PAGE 996. IERIV|S; CONDTIIONS AND FROVHI{)NS OFDm rFIBOOK640ATP Glt62t. (TTIMBOVIt ITEIVIS AIIFF.CT P RC[,X,4) 35. EXISTTNG II1ASES AND TII,IANCIIIS. 36 DI{IU) OF TRUST DATT{D FITBRUARY 25. AXH From Land Title (S9)Thu 06 May 01:12:49 PM MDT Page 12 of 14 ALTA COM Schedule R - fhc poliey or policics to bc issucd will contsin cxccFtions to of kr the satidhction d the Cornpany: NL-IHD.RLANDS A]\T]I.I,ft:S CORTTRA'IION 1'O THE USE OF WES'rs-TAR BANK T() SDL'URE THE AMOUNTS PAYARI,IT. UNDER T}IN TERIVfS RS(EmION NO.87069& ITMEN'f 2 ()ur 0rder No. V(J77Jlfl '1 following unlcss thc samc arc disposcd PUBLIC'T'RUSIUE OI' EAGLE COUN1Y I-OR oF $3,rxf0,rxxr.00, AND AIIY {}IHER , RF,CORDI'I} IIIARCH 15, 2004, UNDT'R From Land Ti t'l e (S9)Thu 06 May 01:12:49 Pitr MDT Page 13 of 14 ANTEE COVIPANY ATEIVIEI{Ts- &af: taxir€ district rnay bc oblaird fmm thc Counly of such districts rnay be obtained fmm ard Rrcordcr, or thc Counly .{sscsscr. 0ut all documnts received for recordilg or filirg of at lcast om ich aad a lcll, right ad bolrom nray refrne tr mcord or lile any d<rcturrnt that margin sha|I mt apply to docunenb usirg fotms al thc 10p dargin oI thc docufired. Paragraph C of Artcle VII requircs fital "ltYery of n:cord prior lo thc tirnc of rectrdiug lin mcurdi4 or l-rliIg of legal ! Pnovided trai Iand fille Guaarne is responsiblc for rccording lhc will rrrt a14rar on tbe {}wneCs fille may l* availaHe {tyFc:lly b1' deletittn fmm the or,vner's Policy to be must be a single l'amily rcsiderre which Ore Cornpany agairsl un-liled Prclrlnrm. repain urdertalen on tIrc propedl to be pnchased thc ltqurrcrEnls lo oblain covcrage qlrrtrrction infirrrnalion; lirurcial id.rnbation of tlre apprupriate premiurn fully , an4 aqv addilional rcquircrrcnls inl'trnmtion by lbe Oompanr. or matcdal lor which llrc imurcd or molcrial-mcn lor purposcs ol Cornmibrnt within lbe ;nst 6 rnmfis. brcn sevcrt4 leasc4 or olhcrwisc lil{tlih{x}d that a lbfud party geodrernal errcrgy in ahe property; ard ad usc lhc prnpcrty wilhout lhc to providc uny of lbc covcragcs a rnircnrl severance i[ifiruned Nrltr: Itniu$ttr to LT.S 10-11-122. nrtice is hcrdr LAND 1'ITLE GUA DISCLOSURE A) The ,gubi*t real property may be located in a ts) A Ccdifrcalc of Taxcs Duc lrsliqg cach laxirlg Ihxlnrtds andxrized agenl C) Tlle infsnnation rtgadirg specid dishicts ard Orc aIrc Board ol County Commissioncrs, thc Coucy Note: nffective Seplffi{rer l, 197, CR.S 3{Ll0-406 in Lhc clcr*. ard ecordcCs olIcc shall conlain a lop nurgin of atlest orrc hdf cf m irh. lhe clcrk o"l does not corforYn, except {tat fte rcquircn*trt for flre on wlich spae is providcd for rccordiqg or ffing Nots Colorado Division of Imurance Resulationg 3-5- tillc cnlity sbll bc cspoxiblc firr dl qqtl,crs which n'henever thc dfle endty conahrctr tle ckrsirry and is tbfiarEnts nsultirB fmm lfte trarsrtion which was Nott: Allirmalivc nrchuric's lien putcction firr lhe of l{xception no. 4 of Schedie R, Seclion 2 of fte issmd) upon comdirc wilb lhc followirg eo'rli6om: A) Tbe lad described in S&e&le A of dris inchdes a condorrinium or bwnhouse |ndL ts) No labor or rulcrials havc bctn furrislrcd by cohiur(tion on llte lard dercdhed in Schedr e A of Corrpony conducl$ lic closi4 of thc insurcd tranraclion legal dournenh; fnrm the Fansrlirnr, excepion rnunher Policy and the Lerden Policy when issued. Q The Cornparry nrust rcceive an 4propriate aflidavit n[\chanicrs and rmlcrial-rncn's liem. D) The Campany rnu* ftceive payn$Dt (f the E) R therc has been consurrclion, imFovenErtg or wilhin six nnnths prior lo lhc Dsh of lhc for uresrr*d lieru will ircIrde: discftrsrw of ai to the seller, {lrc lruilder ard or llre contnacbt cxrculcd kdcmnity Agrccnrcnls salistactory l,o thc a; rnav be neoessarv af'tcr an examination of tlrc No covcmgc will bc givcn urrlcr any crrcrrnshrrcs for hx; comncted for or qrced b pay. Nolc: Pursuanl to Cl{S 10-11-123, mlicc is hcrtby giv ThLs nltice apllie$ trl ownef s Frlicy comnihrents exceptioq or excepliom. in Schedule R, Seclion 2. A) mDf thclt is recordcd cvidcncc lllat a miner8l cstatrc conveyed fnrm lhe $ul'ace ssl|te fld fhat therc is a hold.s sone or all inbrgst in oil. gas, olher minerals, -B) llal sucb mierll cslab may iclndc tbc right !o snrfatr owneds pcrmissin No{hirg hcruin codaincd will bc &cmd lo ohliga|t lbc relbrwd to l:n:in rurless thc alxrve cordiliom arr lullv torm DrsctoslrlE 09/01/02 From Land Title (S9)Thu 06 May 2004 01:12:49 PM MDT Page 14 of 14II .TOINT NOTICE T)F PRIVACY POLICY FidcHty Notional Financial {}roup d Cornpanir^s/Cbicago Titlc Insruancr Company and Land f itlc Guaranl,ec Compan-v .IUIY 1' 2ll{}l Wc rrcognizc aDd resoccl lhc orivacy cxocctatioru of bdsl's cor\untru and tbc ftquirclrrcnls of ap{ icablc fcdcml and litatr Drivev laws. tti' hclicryri tbal rirakiiu vou lware of lirw wc nsc vonr urn-mbfic pc'sonal idriimntion ('I'ersonrl Inforin^diorf), ard to whom it is discloscd will fonn lhc bmis for o ri:lationhif of lnit bclwccn us urd thc puUic lb[t wc scrrc. l}is ltivacv Strtrflinl pn)vidL\ lhal cxplarution Wc rrscrvc thl right tl chtqt this l]ivat'y Stahrncnf fmm li.crc 10 6;c comislant'wilh apflicaHe priracy laws In thc coursc oI our business, wc may collcct Pcrronll lnformalion about you from lhc following sources: + l'mrn apdicatiom or olhcr fordB wc mccivc from vou or your oulbotizcd rcpftf crtllivc;x inrrn yifrr haxuctions wifl4 rrr fnm Lhc scn'icrrs fuirg gi.r{irnmd hy, us. dur rdliliatcs, or (}lhcni;* -]'mnr bur idcrlret wcb silrs:* lnrnr t xi prblic rucotd; nE|imrin d lry govr:mrnntal cntiliLs that wr t'ithrr ohtain dirccuy fnxr thrnc cntilics, o'r from our alf ialcs or othcisinnd* lnlrm conurrcr or olhtr rtpodirg agcrrirs. Our Policies Regarding the Prolection of the Confidentialily and Security of You. Pensonal Informalion Wc nr:rinhin phtsical. r:lcchrrnic ard pnrcdurul s:rfirruards lo Dmbcl vour ltrrsourl hfirrnrsEtrn fnrm uruuthlrircd *ccss or inlri6ioo. Wc limit artrs tri lhc Pcaoml lifomralion ody lo lhosc cmolovccs rlro nccd such acc*ss io cunmction wilh pnrvidirg prrdrrts or scrvices ttr yrxr or fir oltcr Fgitintatc tuSx:is prrprsrs. Our Policies and Praclicer Regarding the Sharing o[ Your Perlonal Information Wc ruy slnru your ltnonnl Idorrnalion with our dfliat:x, suc:h ur irsuramr cr)mpatri(ri, agcnts, txtd ttllrcr rt'al cstatc aitflcrrrcit scn'icc pmvidcn. Wc also nray disclosc y6ur Pcrsond lnforrnaliori: + l,o agcnld, b|olcrs or rcpif,$cnlalivcs lo providc you wilh scrviccs you bavc rcqucslcdiI trr thid-Jrarty conh:rc&rx cr scrvicr pnri'i&rs w-hrr pnrvidr scrvitis or p,rfirnn lrurk:lir4 or tttlu:r tuncliori ori our bchalt: arxle to othrs with wbon wi tntcr into jrfnt mda{itrg ryrtcr }nts frrr pnrducb or sc'ryiccrs th:rt u't hcfi(xc you may frnd of inlccsl ln addilion, wc will disclosc your Pcnonal ldormalion whcn you dirccl or givc us pcrmissioq wbcn wc arc ftquired by law tt d<r so. rlr whcn r,r't su;n:cl fizudultnt or criminnl zr:tivitir:s. Wr ulso rnav dildrrsc vrtur I'r:nlrul lnformalion whcn olhcrwisr ocnililhd bv aodicsblc nrivscv laws such ur for cxairuJc, wheh disclosurt is nccdcd to c'dtrrcc rrur rights urising riut of anl dgntnu:n, Eirnsuc'don or rtlatiorx;hip nith yilu ftru rf thc impor&Dl narptrsiti[tici of som' rf our uffiIiat-d c{rmFrNrics is tr n'rrxd drxrrnrnts in thc prHic donrain Sm}l-docunndi nny conlni-o your Pcrsonal lnfurmalion ' Right to Acccss Your Pcrsenel lnforrnation and Ability to Corrcct Errors Or Rcquest Changcs Or Ddction Ccrlaia stalcs *Ilord you lbc right 10 acc4ss your Pc$onnl lnfornntion and, rudcr crrlain qi6rrrnshrl'4sb lo fird oul. tr wlxtm ronr ltnorial ldrrrirition h:l; hr'rit discftrsrd. Also. cc.rtain statti rdford vru thc ritrht lo rt$r:sl corrccaioq arrcndnrnt or dclclion of your fbrtooal Infonrstion Wc rcscnc ilrc ri'ghl. whcrt pcnniUid by lalr, lo chrrgc a ni*soruHc fcc to covcr lJrc c<xls irxrun".d iu rtsplndiry tt) liuch rc$rtlits. All rcqr*sls submillcd lo ihc lidclily Nalioral l.lnotrid Group of CbmpanicdChicqo litlc lnsuftrct Compony shall tr. in wriring, ard drlivcrcd lo lhc frrllowing addrcss: hivacv Conroliance Olfi cer Fidcliti Naddnd lri rnrz'ial. Ia. 4050 Calle Real. Suile 22O S!nr! Barttara" eA 93110 lllultiplc Producls or Serviccs lf wc Fovidc .you wilh rnort lhan onc tinanciat prodncr or scrvicc, you rray rcccivc rnorc lhan onc privacl norticc fnrm ris" Wc upilrryiz,c for arry inconvcricrcc ri\ m$t ctffio votl. 5'orn PRIV- POtr.C!Jf **************t * * * * * + * * ** * * * * * * * * * ** * * * * * * * *** * * * * * * * * * * *,f i. *,F * * * * * * x * * * * * * {.,* * * * * * * r. * 1. * * * * *. * * TOWN OF VAIL, COLORADO Statement ,1.**** ********1.**+********X*************t !F**x'r<'t****r<t ****x'r.****8,k**)t<:r<'t t<*{<*<r.r.*{<r.1.r.**rr1.r.**r<**{<* Statement Number: R040005796 Amount: $650.00 05/IO/2OO4O3:23 PM Payment Method: check Init: ,IS Notation: #2124IDAYMER CORP Permit No: DR8040179 T)4)e: DRB - New Construction ParceL No: 2101082 03 003 Site Address: 100 E MEADOW DR VAIL . IJocat.ion: 100 E MEADOW DRM Total Fees: $550.00 This Payment: $650.00 Total ALL pmts: $650.00 Balance: S0.00 *)kr.*******4t*t{r'F******+**{.***{.*{.***{.!F****rr*******.**:t * r. * * * * rr * * * * ri. X< X< * * X. * * * * {. *:1. * * {. {. ** + {. * * + *:1. * {. * * ACCOLTNT ITEM LIST: Account Code Description Cur"r"ent Prnts DR 00100003112200 DESIGN RtVIEl4/ FEES 650.00 O- Vaii Plaza Hotel Building Materials List May 6,20A4 Building Element Material -Pattern Color Roof Concrete Tile - Staggered Pattern Brown-Charcoal Seouence Roof Copper Shingle Natural - Brown/Green Patina Flashing Copper Natural - Brown/Green Patina Gutters/Downspouts Copper Natural - Brown/Green Patina Walls - Upper Stucco - Slight Troweled Textwe Off-White/Tan Tint Walls - Lower Aspen Granite - Roughly Squared Ashlar Drystack - random widths and heights Natural Walls - Base/Cap Colorado Rose Sandstone - Rectangular Ashlar * (cut against clefting bed) Natural Windows and Doors Meral Clad Brown Powder Coat Windows Q.{orth Elevation -Center Portions) Copper Ciad Natural - Brown/Green Patina Window and Door Trim 2 x 4, Red Cedar Porter Paints 33029-l Semi-Transparent Stain (or equal) Soffits I x 6, V-groove, Tongue and Groove, Red Cedar Porter Paints 33029-l Semi-Transparent Stain (or equal) Railings Steel Tube and Bar Black Enamel or Powder Coat ChimneyRoof Copper Natural - Brown/Green Patina rt oo Chimney Stucco - Slieht Troweled Texture Off-White/Tan Tint Chimney Flue Steel Brown Enamel Retainine Walls Aspen Granite - Roughly Squared Ashlar Drystack - random widths and heishts Nafural Paving Borders (Driveway) Rolled River Stones Natural - (Winter Mix) Paving (Driveway)Pavestone Carriaee Stone Winter Mix Main Paving Borders @edestrian Areas) Colorado Rose Sandstone Natural Intermediate Paving Borders @edestrian Areas) Pavestone Villa Stone - Medium Rectangle Single Color from Winter Mix Paving (Pedestrian Areas) Pavestone-Villa Stone I - Random and PathwayPattems WinterMix Exterior Lighting As Indicated Trash Enclosures N/A Greenhouses N/A Vail Plaza Hotel REVISIONS: Job Number: DV 4005 lssue Descrlptlon: DRC Review APPENDIX A Fixture Guts lssue Oate: 4t23t2004 oo FLUORESGENT Fixtures oo QUARTZ Fixtures Jllllo'lighting 4'' LOW VOTTACE ADJUSTABTE I lsier!4'UNIVERSAL 5OW MR]6 Tc9trt400 sEruES Fixtue Type: locotion: Contod/?hone: ttoDUcI SPIc|nCAllONS DNTENSIONS Lonp Ona 5O\{ lvlRl6lomp. se.Lt| C€.omi bhio 'odd wiri olumin','n h€or lhield, fim l}rS Whiie bokcd o.lomcl on sul, sotin throme a pclishad tross. Trirn S.L.ti.n Rckr to poA* coda; bclc*{ ood dccsirions oo f.dEt on r I ?V 5oVA *€B'olly p.obd.d mognak roorlonncr 'norrnbd lo irnctbn bax. rrbc|r U.L. &ied k ilrroug$.ond, wi'in€, don'p bcodoiB, ond lP. ProduO tlsnolly prot*ted ogo'nir rmp.op€r ur€ o[ lofip3 ct in.dd;on . Un;on 'nod! AfL4O . CSA certiffod. ronilp All re6onr ore bosed on published indu*y proceduras; {ield p€rio.nonco moy difit Forn lobo.obry p.rfomo{tc!. Prodxt ryeci$cotions srSic(rlo choag€ wi*olrr trotice. INIIAUANON r*..rti|l rr.d6r Rolghin r€dion equippod wirir \,.rticolly odiu|tlblc m€iJnling brodarr ilrot occept 'i. csdUit or 'C' chorm.l. iH&26 or H8501 o' linsr ffor bofs [t827). Jon.rk'r lor Pm+rimd iuution borr U.L lisird/CSA c€di$€d for drolgh+ror.h wi.ing, ntdxinun I no- I2 AWG 9fC bronch circuit aondudors i4 io, 4 out) . .brrlioo box proddod with rcrnoroble o.cs6. plahs. {q|,' ond {l)'y'' kuckoot oad groad wiro. Knocl(ods squippcd witft pryou :lorr. lralrirg 22gouge dielonnrd gohddzrd arc| nourfing,n€ . 22- gpcgp ;toel hoosing r fully osrenSl€d tcr ros. ol irunlkrion, troxrcr coors 50JHl6 4 l./2" CSUN6 CUTOUT A€€ISSO ESlalla.,alW.Ull t@Cffr!|50f ,fl6 xtt+afltFs ,4rdalhrfh IwStI lX nt6 ftfibrlh DGc|d{t'l+tflt.Ua tf'tt h!2f (doodbh{qt trtlt-att-xfi tl-to iio 5{f tdprd h [0{rt &tt fftlf frdlrfnsB L .d.., |'.* !*r s*.. E l+'al6.Yfi bo 1lrft t lna tr'la-ttt|.rn|h,6l&tp lgrut6 l$lt-aat(4l||ur s{5gdfrt6 E lr.ta76{n tfir !ir' ua t2!tllil gxlffitd in stl ' ]n 50{m ql|}llt R9lr-al+t Hr/frdm ItrnB t*!fiJffit rll'l&t*t(5&0'E lXY5{ll JOi' tltd I('l+ta{l{ll 0dFdr/fl'tt& Nh lllllM 5t[ffitd REV€nO 11t7t l.tttrr 9A lr16A IN lzr s 5lx re 50drM 50t iIt6 git dn6 Vail Plaza Hotel lssue Description: DRC Review lssue Dale: 23-Apr{t4 fi*f Xo! I(911 l.Eidr tle6std lfl W@ r4ddb 4'' LOW VO$AGT ADJUSTABLE 4'UNIVFRSAL 5OW MRI6 TC9t4400 SER|ES tinr l.h.rim . 140 - flulh Gmbd Rnrg, odiudobh, 40! \,erticoi odi',.}'ned, 360' ra{otior . 441 .Lnssd Sllow!, Trin, odtu.tol,l€, 3,4" opdtur6, 30' waicol 66;gs;46, 3661" rolot;* . 442 . D..p Cnc, ddwnfigt*, 3',/.' cportrns . !{3 " plihole. do'"light I %" opcrrul. r 444 .loflc, down$ghtlodio obL, 33,/f oporturs, 3S'vsrtr-ool odir8ltncnt 358'.otodon r 445 - Sltf Ap.rtur., I 7L' x 2'1" op€rhrE, 50" ve'ticol odiu.lncnr, 358" rctotion . !.16 - S.oop, qdiusbbl6. 50" verd.ol odiu3rnlnt, 358' roiqtion . 447 - Coo€, do.aljghl/odiuduHc. 3ir'op€rirre, 3.5" varikol edi'r*mcif, 358" rotdtion, Abd'ffoislr- . d48 " h/*oll wi$ Blo* Sofll€. ddiuibbL, 35" !*tool ddiu:lrnenf , 358' r.rotio{r . d49 - Ainring Ebory, odiui|*le. 75" \/!rti.6l odi!.tncrt, 358" rbtslion . 9OraW ' Ocrosond widr wlib 8dfre. 35e yedicol odiu3Fneit, 358" mrotioi @ {0{r . nd' 6iad !{, nd {&t( ' f,d f id bc Sd' Onff G@ fd!-had.,ialuN!: l{l.lds,!dMidl 1126 - 14 {G, fu{& 0.I IdG(D ll!.lbllr* $r.*d0l+df f a{ l^r\ 'lv@ alt4lB"r'fu Sor,tftia toal- oqq'dr/x9.A'k{Ss.&d l,&glh |lg.!a.hiq tu,Sd {tm. {+r .Rdfiridh,llh 4llw.l4lrdh5lo[.li| .'|28-0t4t!'q9.otuftd$*,dL6!*0st8 ltx-0.q t*e- lenl tX rA* tOlYtIr aA{SCti(a ./ q/l -.rlltl Ir sfr-:: iffi-i [-**:---::1ro gEHj:;;: l:'*:Lflfffi @' &,ddrofirr!&tr, {!raw .ldr, 'fflE rd' r.ll tin ir,,.,:.\ l(,.'t]) .\@ ||n.t!!,Wg*r}* ||}|ffi .irrHr/lfl!,lS {tt-(qt,$aidd$ {}t{"Hdr/r*,Sd' l17C - &€,sgcrh 6.1rd 6'dn {r?n-a4r,tldbtri|}l* {a}||.!rhdt/!ft h|filE Oll ' Cslbrtfl!.l'1&!(hef K . fo.loadb ot hnn stb gtm gCnrl Tie bcon qeod in furecs ond {p bor 'L' ond -\l\P in ilro toilowlng robJeo orc ccrnped or 50% ol trdarb€om condepo-er od ,epo-a oreos ol'&c|i!e itr'rt nclio.r.'- "Dt o r, d6.p oiltir'g or'ob, bd' .I b€di extqdt b) ond 251 Jlf iloo'rishnrq llt\ l30O 5. Wdt Rcod, eO- 8ox 5065. De. Plornes, ri 6@tZ5O65 phorr B4l.g!2.988O fN, AA7.A27.2925I ILr" 22O Chrylbr Dr, B'ompron, Onbdo, Co.odo, t6S 6 phone 9O5.29t.2335 tAX 905.292-0064 Vtsil ')3 ol \avqilnoiigiting,com rrinr.d nr U.Sr. Otooo.hiio ligl*q '& &on leon Rdd lonp lyls St'."d tile CECP 60'4t'0'30'30' A4r fc t !r FC IW DFC X ! Yi FC T LW DK X M gownr w ffi '{fr. n /\ n000 t0200 t0?00 l0?00 t0?00 t0?Q0 I 638 10 t.0 6 283 1.5 t5I 159 ?.0 2.0r0 r02 2J 2.5t2 7., 2.9 2.9 dr4 r,3 t.l r84 2.C i.7lM 26 2.3 66 3.3 2.84d 3.C 3.4 ? 3r9 3.5 ?.t 1.0 3 r42 i.? 3.t r.54 60 6.9 l.t 2.05 5t 5.7 5.t 2.56 35 10.! 62 ?S 902 20 1,0 0.r ,401 3.0 tJ r.0 ??5 {.0 2.0 13 ta4 50 25 1.7 i00 60 30 21 6 lC{ 4.0 ?3 ?.3t0 65 5.8 3.3 ?.it: 4d dp 39 3.ill 34 8.i t3 40t, 2d 9.2 5.3 4.J 4000 3d00 3400 3{tr 34m 34S 4 213 t.C I.96 94 2.4 2.!)8 53 t.8 3.3r0 34 n.8 ,t.8 12 21 5.8 5.8 138 2.6 1.2 61 3.9 3.3 35 5.2 4.4 t5 78 6.7 2106 3.5 46 i.g 3 47 5.2 7n ?.94 27 6,9 9.3 3.85 l/ 8l il3 d.s6 l? ln1 tia te 30r !.0 ?.0 t.4t3i 3.0 3.1 ?.c 75 4.0 1.t 2J 18 50 5.t 3.4 4 138 2.3 2.6 2.26 61 3J 3.9 3.3I 35 .1.d 5.2 4.4r0 22 5.8 6.i 5.5l? t5 Aq 7i A7 r{$0 1850 I850 I850 18J0 I850 2.9 2.9 4.4 4.1 5.8 5.8 7.3 7.3 8.7 9"7 4 66 5l829l0 19t2 i3 75 A1 3.A 33 6.1 5.Cla 8.1 6.1 t2 tc.? s.4I r2.? l0.l 258359629 3 2b 5.? \A.5 1.44 14 6.S JC.l) 5.85 9 8.7 21.t 7.3b 61CA .' 8.7 t6a 20 3.4 2.i/3 3.0 J0 3.14i 4.0 6.7 4.1 26 5.0 8.{ 5.1 t8 d.0 to.t 6.2 .\ 75 2.3 4.6 33 3-5 6.8 r9 a.d 6.t0 12 5.8 t0.12 8 6912. 5.0 6.,7 4.4iol Vail Plaza Hotel lssue Description: DRC Review fssua Date: z3-Ap?q4 JUfIO'lighting 4'' LOW VOLTAGE ADJUSTABLE Proiect:4'UNIVERSAL 5OW MRI6 TC9Irt-400 5ER|E5 qxtu.c Typ!: Locofion: Conloct/Phone: PnoDUCt SPtCtflCAnONS Dlf/t[NsloN5 |'r:rp Ono sen/V MA 16 bip. *'t C€ro.nic li'Pin so*d wfi$ obmi"om h€ot shi.ld. Tdm f&r3 Whitr boked €nomelofl {6€1, sfin chrorn€ or pdiilud l|.osr. trirn SeLdi.n Rab, ic pro&Jct codcr bclovr ond dc*riprtions oo | 2V 5OVA dtsnto$y prot dld mogndi. rqn3l.*ft.t mounl€d b iwidid1 bor' r-holr tJ.L ht€d b Aro'€hlfoncl wiriqg. &r'p locdrions, orrd lPr Produa fiornrolh potcted ogoinrt irnpcopcr Use ol hnpr or inrukrrion . Urio,r nod€ Aft-qo . CSA c.+iff.d. tfrtir's An icpo.h ce bo.sd oi pubhlhd iidusty pro.€due: lield perfornoncr moy differ lron hborotory perform<xrca Prod*r speriffcotionr qrbkld to .honge ,,vittlod nolbe. INSTAIIATION rbs||rinr 3..rd(.r RougLin r.cnon €quipp.d widr vsri.olv odiBicbh mounling bro*€h $or 6c€p 7?. co.d'r;f or 'C- d'off€h [HS26 or HB-SO) or lineo, flol bors lt&221. ll,rtlirr lox *c.rkad lrnlaio|t box, U.L lisledlcsA c.dili.d h ivdlghl*orrch \ririn& rrrafrrruro I no. I ? AWG gtrC brorcl cirdrn cottdscbr 14 in. I ooi . Judioa box p.ovided w*d remo,,qble ocesspks, {qf' ond 1l }r/.' li.ckoob ond grovnd wi.e . Knoclodr cquif4ed wih p.).o, Jats. lbo*|g 22€109. dlr.fo.tn d golwniz.d rtEC rnot,nlirg dng . 22" gouge rtrel hq'3ing . t&/ o:sen6led fof .os. d inctolkgioo. Prooucl(pDEg xr a4l|!ta / t/2' CEUNG cuTow acclssonr$l(tla.aaltlrnil &l lloit rhr t$14-{|l||.t(,{dhSlrIn l?1t0ll ftl*! lte Hft. !(ttHt4!fi l&2t h!?li({odhlnwr tFl0 .i.!m't*rnlblc*,r lllT ]ro2f hdhluE!{J rar*, Fdr<!i*e f* I[nr-at5-*tl t2v 50h !('t{-{46.1$l t?v 50fi Eddr/ftdd! to&d&6 l?]tolt !Stl+{{t$l HISo.]w 50A 5Cf#tia r(9t44*9.{.!2r 5SA rctI.att t(56{li'r lw$A m|!ir.|{|l 0dddr/ltrt& Ntlr lw50A 50r1{ia REV€S alr td&rL u1|* 1?.j.gtt lcf ff,16 ID t('ll-l+2c-f{l h.tr.6clH lb l?iiotl ',tltl6!Ctll.l4$.Y tr| th 1fl50/t $r,lfU rw ttil tflt ft16 In 50t tfl Il('|{-t4t]rl nv 5sa gH mta Vaif Plaza Hotel lssue Description: DRC Review lssue Date: 23-Apr{t4 Fixture Type: QIA &ldQ lk! rci{ l.rir.irl k6dl4N @&,ido 4'' LOW VOLTAGE ADJUSTABLE 4'UNIVERSAL ."-- sOW MRi6 TC9r4400 SERIES trfun sohctbn . ,440 - Fbrh cimbsl Riig, odius,obL, 40p vodicol o{usaberrt, 36€f robtion . 441 . t nsld Shol,ff tim, odil,$ofrb, 37"' eo.tu'e,30' verti€ol odhrlriq*, 36f fototion . 442 - D.€pCone, do,rnfgfrt, 3'/,' ca€rhre . dt3 - Pinfiol€, downlishr, 17," op;rurc I a44. Boffc, downlight/ddi'r3iobla. 37f op€rtuo, 35'\er!i.ol odiultrneot, 358' roiqtion . 4{5. 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J,8 d.l 12 t5 6.9 7.r 2.1 5.5 6.7 i000 850 850 850 t50 850 4 a ?.9 2.06 51 d.4 4.,1I 29 5.8 5.8r0 t9 7.3 7.3t2 13 8.7 8.7 75 t.1 3.4 33 6.1 5.0 19 8.) 6? t2 10.? 8.4 8 r2.? t0. I ? 58 3.1 Ld 2.9 3 26 5.2 ]4,5 4A4 t.6 6.9 19.3 5.85 9 8.7 U.1 7.t6 6toa - 1.7 16n 2.4 3.4 2.i 71 3,0 5.0 3.r4l 4'0 6J 4-l ?6 5.0 B-4 5-i t8 6.0 tot 6.2 4 ;5 2.3 4.6 33 3.5 6.8 19 d,6 a.rc r2 5,8 r0.:ll 8 d.9]2.1 5.0 6.7 r0.l Vail Plaza Hotel lssue Description: DRC Review JUIIO'lighting 4" LOW VOTTAGE ADJUSTABLE Proiect:4" UNIVERSAL sOW MRI6 T(9r4400 5E$E5 Fixture Typo: Locqtion: Contod/Phone: PTODUCT SPICIFTCANOHs D AtNStONt r.Fp O'l€ 5(|\, MR 16 lomp. 5o.k r C6rodc bi?in $cld wi6 ohrminrrm h.ai.li.ld. lrtrn $rg wlitr bokod €non|6l on !b€1, rotin chromo d pdLl€d hq56. trirn $.l..li.r Re{er U pro&a cod* bCo"r ond dcr<ripionr oo Lorrfoni.. I 2V 50VA ltErnolt p.atrdrd mogn66c llidonrrr lno{,nlEd lo iundio.r bor. lobdr U.L listed for tbrotrghbron l wirlng, domp hcotintu dnd lP. Prodrrd tlFrlnolly prot|€bd ogolnc imp6pe. ure of lomF o. in:vhon r union mods Aft,cp . CSA c.*iff.d. r.rrnrg All r6po.t! o'€ bored o" publish€d ,nd"shy po@&'6'; 6€ld periormonce moy d;ller hom bboronry petormonca. Prodoa speciftcot;ors *biect to d|ong€ wi*brrt notic€. IH5IALIA'ION *rou{hg t .dcr RolgHn .rction .quipp.d wlth twticdly odiurtobb nrouning brodcb thot 6cccp '/:' cmduif or 'C' clronnoli {H&26 ar HC50l o.lbrrd nat bors [.]24. J|xr.|ld| f.:( Pre+rircd function boa U.L li.tcd/CsAc.rtiff.d ld tvo€hltorlcl wlring, .mxim{rm I rro. L AWG 9fC lrcncA circuit condrdo.t {4 in, 4 orrtl . Jundion box proa,iddd wilh removoble occe63ph*, lsl%" ond {tl%i loockodr ond g.o.rnd wire. }Qrcdrorrs squipp.d wilh F!,o', .r!. 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D.rdth tOll"Lt]Xil sie.bt*t&da gli rzY 50f,xHtttt l&1f t lft+lndhhw' l0-r0 Id ff (.dnrd b h{.tt l!27 i$2f h.rtrlnw 6 <rr., .Fdt .oi.rq d'*i l.'1t-rd(.ul 0r'tu,h&Ca tff?rzv 5[i1 9t,r!t6tfit{ltf,{rl h+t .6dtf Y'b l:r 504 tcrv 1116 tcfi{{ -.s|t?v 50n ttv tlti rrlt"qtl.uit t?r y)rl rc'|{-{a}t(9m{h.! l2Y50A lf{ N$6 I$t14r.*dldr ft&d&o!! lly 9dA 5[yt rrt t(lt+t{l|t{{ ld}m t? 504 !o*;fl[ It9l{-at {tl t*l Htd x'|{-t1+{tl E *.|n{ltl tc,&dAf tilt ta 5{M lflf flil6 !3 4{I(-tfi h. ih*df vfih HN Y6ir :!I{.|{ttI-Sa t lrdtr/ltdltl tctx-ta+il8 t2v30a Jffm6 t?t 5fi lcrl+!|l!|E fitaCr,/|{*r& tl* lI5A[ 5[t{{la HEV4,00 11tt ! 6 t6|l4{a}:c Vail Plaza Hotel lssue Description: DRC Review Fixture Type: QIB Gddol llo! I(91 , td&G gcssrd lfl Wito0r&ddlr 4" LOW VOLTAGE ADJUSTABTE 4'UNIVERSAL sOW MRI6 TC9l,'t400 SERIES lrift t h.rion . 440. 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E4u I 6.9 r2.t !0 1 Vail Plaza Hotel lssue Descriplion: DRG Revlew lssue Date: 23-Apr-04 ao METAL HALIDE Fixtures Prbm |F mly (dn*rd !o|bro) Pdsn &''ln.ody {do60d l0p) Prl!|n ||o ali do*n . Chot le|tpt'gd g{8ss l8tt8 . 3fi1v, ?01',, an! | 00w fifs fr&d$n dro u*ts.l o&il"effifLEffron 1t'- et' 16'- ts''!' 1' Vail Plaza Hotel Project number: DV 4005 Revisions:NO. DATE REVISION lssue Description: DRG Revlew lssue Date: 23-Apr.04 Fixture Type: MHI Oo LED Fixtures .Lj 'it (Y ol(\J t ol it) CDo o o-(! N d o:< J =IIJ H o <l) utz z L>Fi!9cI HgE- 4=ghug€; s43ye ut) FN fr,a6p alqtr- P5"=3i =EfiYX6e=a9Y+ F$;NH*r.6d>rd ;E=EE= HE=q5= E8?FEi" JIYfl-E ;eFg{--nrp s?5H3 ol O1|J\o 1,e a=(a1! 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Prestige Traditional consists of 5 layers and is the most affordable product fora prestigious copper roofing Through its natural aging process, copper develops the typical green patina thal prgtects it from the weather and the'rruusrr rtr rroturdr dgrrrg pruuess/ uupper 0evel0ps {ne ryplcal gfeen patrna tnal proteots lt lfom the weathef and the adverse effects of pollution. The green patina is a sign of the lime and adds to the classic beaury of copper, in addition to improvrng ris nalural prg, tection oerformance and dr rrahiiitvtection performarrce and durability. F:**ix 39.37" 4.33',r- 5.12' 8.27', 13.39" 5.71' 7 .48" d imensions in inches ffia,ilwl wwf. LED ground'ba3€d indicators in tempered glaes - lP6a / {vei Location, $ubmarsihte A l,lrirr{}i Dbsrrto iry F'rei F;t;p,,.1 i€ri6,, patented oo VAILPLAZAHOTEL VAIL, COLORADO Detail Manual 041590.00 Issue A - Design Review Board May 612004 ffiffiff,$"ffi k Ak"LjLS-5,J: x,"q,s,*",,*n",* AI.CHITECTURE. PLANNINC. INTERIORS I I t I I I 9NOuJGUARD COPFER 5HINGLE9 ICE * IIJATERSI.IIELD MEHtsRANE EXT PLYIUD 9IIEATHING l," RtclD |NSULATION EXT GYF SI.IEATHING tl" HTL DECK gTEEL BEAI1, REF gTRUCT l. I I I IITL FLA9I]ING IIJI L..,KIT EL,'(5tr, CONTINUOg gTEEL ANGLE, REF STRUCT l<trLtr99trI..,| COFPER GUTTER 2x I R9 l.lJD FA5CIA 2x 12 R9 lllD 4l lA=AAt^l A I I I I I I 5TL ANGLE, REF STRI.JCT EXT GYP gHEATI]ING EXT PLYIUD S}.IFATHING lx 6 R3 T16 tUD gOFFIT ,[ EtE4. 4.YarE'wl CLIPg AND C}.IANNELg A9 READ 3',-O', FRO.ECI NAI.E: PROJECT Nc), O4l>aOOO VAIL PLAZA HOTEL VAIL COLORADO DRAIIJII.IG IIILE: EAVE DETAIL DATE: @\/O6/04 DRAU|.{ EY'DDR c]EcXEooa1 tggr,JE,a 9+.{EET= A l/^a =.tu4 r t- ir- L tt r\ L r\ =7/qffi:*Htr* - I I t I I I I I t I t I t I I I I I I ti,+xt. PREFINISHED R3 BRACE, CLIF TO T9 ALL UOOD) LUD FAgCIA 2x6.b RS tUD FA5CIA SEALANT, ALL AROUND, TYP. TAPERED INSULATION ON I.IETAL DECK 2x4 R9 tlJD FA9CIA 4x4T3tsRACE 4x4TgCOLUI'1N AT 4 CORI{ER5 NOTE3, t/ 'E.t I tal rLuE Al 2'-A' ABOVE ANY ROOF SURFACE IIJITI+IN A 12',-O" RADlug. 2) ALL EXPOSED I1ETAL TO BE PREFINIgI]ED, 3) ALL EXPOgED WOOD T,-) A.E e.f A lNlEn| \t t-tt- !/ r rFr rr r{l-t-l . ,r-COFPER 9F]INGLE9 ON ICE 1 LUATER SHIELD ONj' cox PLYUJooD ON I J" FITL DECK fi" 9TL PLATE, R = 11.25" T94x2, PREFINIgITED154x4, PREFINI5HED I1ETA.- CAP FLA9I..IING,TYF. I" EIFS SYgTEH 6' HG.l-lTL. gTUp a l2' a.c. tul B" IYPE x GuJB EACI..I SIDE vFl- | rt\l-t FFr-F- DETAILg FOR FLUEg ovER l'1lNlf1ul'1 AtF< rrA(-'tr ROOF AB,O!/E T54x4, PREFINIgI..]ED DFRAIN EY.DDR CIIECXFD EY:DK t69iJE,4 4.boo 4x4 (9TAIN 2x4 R9 t- = $l I (I.) lrJ M FROJEcT NAI1E, rcJECJ NO. O4EVOO VAIL PLAZA HOTELI/AIL COLORADO DR,AIIJIII6 TIILE: CI.{IIINEY CAP DETAIL *ALIE. W" t l'-O' DAIE: AOtObl@4 PREFINISIJED ELOPE 4l /)pE .- ,a- L tr r\ L r\ - ./ AND AssoctATE tNc. - -I ,cRcHnCouRE. FtrNNtr{c . tNTERtoRs 7 .f =o=rii;,;''fi'-ilffiid6' - rs.!r 96g{89: r.tt lti;i gel+, cz 3, CUI gTONE CAF, 9LOPE fO? 4" gTONE \GNEER PILAgTER BEYOND REF DETAIL 9.OOO FOR GUARD,RAIL 6ECTION 4" STONE \,ENEER ZEHREN AND ASSOCIATES, INC ARCHfIECIUII . PLANNINC .INTEruO; P.O. Bq 1976 - Avqr. Colorado 8t 620 1970119494257 f X (97O 949tO0O 233 L Canon Flrdldo Sr - Sdfta Bfltara, C 9310f {805) 95:r-6890 tA)( (805} 963-8102 4x4 T.9 BEYOND, REF STRUCTURAL gTONE b'B.ELOU GRAp'p, 1tO x4 5TL ANGLE FOOTINC - REF STRIICTURAL PROJEGT NAtlE: PFpJECI tlo, O4t59O@ VAIL PLAZA HOTEI VAIL COLORADO DRATJI€ T[LE. BALCONY SCALF, AS g+.fOtlr.l DATE. @5,/O6/o4 EXTERIOR TUALL DRAUN BY:JEI EUJ C.AECKED BAra tgeuE,a 5+]EET.z 1.77J.1 Yl J oo 7'n Pn9iF HHIatll EilI Epl $$l JId 0-lPfl9H I I I I u-llLl+F F JJ J E ]F5 a tJY Hr ; rbt * 9mdi sOdtl + J --l 53zu-{n frp IF 6) (\l I 5$ E8,YJ il'i <il lr =J$F\d) .1. (') o X E DRA!.}{ BY,BUJ C'.IE*ED B.r,I tCgUE.A b.2OB FRoJEcr r.'fAmE, vRoJEcl t@. all5v@o VAIL PLAZA HOTEL VAIL COLORADO DRAII'II.I6 TI?LE: TYFICAL GUARDRAIL ELEVATION 9CALE:A9 SUOUN DAIE. fr/O6/O4 r.-t-LTI,.LTY :7/.ffiffiffi-*tr a - {fl}':e636sec rrx:ao;!cj-a:r} - - - I I I I I I I I I T I I I I I I t 2-I14" DECORATIVE MOLDED STL COVERRAIL 1-I/2'' STL CHANNEL TOP RA]L WALL OR PIER BEYOND 3/4" x3/4" SQUARE PICKET 1-1/2" SQUARE STL POST BEYOND I-1i2'STL CHANNEL BOTTOM RAIL EDGE OF FIMSHED STRUCTIJRE MOUNT TOP AND BOTTOM RAIL TO STRUCTURE PER MANIJFACTIJRER'S DIRECTIONS I I I rvp cUARDRATL sECTroN FROJECI N,AffE: ?rcJE:c1 NO. O4tAgOO VAIL PLAZA HOTEL VAIL COLORAPP DRAIIIIG TITLE, TYPICAL GUARDRAIL gECTION SCALE, Ag 9tloU,l{ DATE: Or/a6/o4 DRArN tsYlA! CHECKED AYt ISEJE.A 9HEE I: >.2O2 r^-r-Ln'ttrr\ =7/4ro;*:uw* - oo ffi,?ffi""H* Ak"E*Y*'$'5,,'H. $"nd*""*'*'* AI.CHITECTURE . PLANNINC . INTEN.IORS \IPil o 6/oz o Desjrl 4euie./ .. 9;tl - Ceetv'te. A roe€ s,-bllc #zmts;hal i.. 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IRREVOCABLE LETTER OF CREDIT FORMAT Address: Developer: Project Number: lmprovement Completion Date: Letter of Credit Expiration Date: DEVELOPER IMPROVEM ENT AGREEMENT THIS AGREEMENT, made and entered into this 22nd day of .1oc!9!91, 20M-__- by and among Davmer Corporation. N.V. (the "Developer''), and the Town of Vail (the "Town") and (the "Bank"). WHEREAS, the Developer, as a condition of approval of the Temporary Certificate of Occupancy for Demolition of Vail Villaoe Inn in oreoaiation for construction of VailPlaza Hotel. 100 E. Meadow Drive (address, legal description, and project number) wishes to enter into a Developer lmprovement Agreement; and WHEREAS, the Developer is obligated to provide security or collateral sufficient in the judgement of the Town to make reasonable provisions for completion of certain improvements set forth in the attached estimated bid(s) in accordance with the approved plans and specifications filed in the office of the Community Development Department of the Town of Vail; and WHEREAS, the Developer wishes to provide security to guarantee performance of this Agreement, including completion of all improvements referred to in this Agreement, by means of the following: The Developer agrees to establish an irrevocable letter of credit#ftltl .in the amountof$ 417.697.50 with \rle.-rsrrn4. B*.-rla (name of bank in Eagle County, Colorado) as the security for the completion of all improvements refened to in this Agreement, in the event there is a default under this Agreement by the Developer. NOW THEREFORE, in consideration of the following mutual covenants and agreements, the Developer and the Town agree as follows: 1. The Developer agrees, at its sole cost and expense, to furnish all equipment and materials necessary to perform and complete all improvemen ts refened to in this Agreement. The Developer agrees to complete all improvements referred to in this Agreement on or before the 30th day of Julv , 2005 . The Developer shall complete, in a good workmanlike manner, all improvements refened to in this Agreement, in accordance with all approved plans and specifications filed in the office of the Community Development Department of the Town of Vail, and to do all work incidental thereto according to and in compliance with the following: a. All said work shall be done under the inspection of, and to the satisfaction of, the Town Planner, the Town Engineer, the Town Building Official, or other P:\DenveA02 Cunent Proiects\1668 - Vail Plaza Hotol\Conespondencdcov Agencies\DlA credit format_112002.docPage 1 of 5 Legal Description: Lot M, '\f . D ,Block Subdivision: {*it \tirlAoe l€ official from the Town of Vail, as affected by special districts or service districts, as their respective interest may appear, and shall not be deemed complete until approved and accepted as completed by the Community Development Department and Public Works Department of the Town qf Vail. 2. To secure and guarantee performance of the obligations as set forth herein, the Developer agrees to provide security as follows: lrrevocable letter of credit #814 in the amount of $417,697.5O (125o/o of the total costs of the attached estimated bid(s)) with WestStar Bank in Eagle County, Colorado set to expire on the 18 day of Octobet, 2004 (not to expire less than 30 days after the date set forth in Paragraph 1 of this Agreement) as the security for the-completion of all improvements referred to in this Agreement, in the event there is a default under this Agreement by the Developer. 3. The Developer may at any time substitute the security originally set forth above for another form of security or collateral acceptable to the Town to guarantee the faithful completion of those improvements referred to in this Agreement and the performance of the terms of this Agreement. Such acceptance by the Town of alternative security or collateral shall be at the Town's sole discretion. 4. The Town shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage happening or occurring to the work specified in this Agreement prior to the completion and acceptance of the same, nor shall the Town, nor any officer or employee thereof, be liable for any persons or property injured by reason of the nature of said work, but all of said liabilities shall and are hereby assumed by the Developer. The Developer hereby agrees to indemnify and hold harmless the Town, and any of its officers, agents and employees against any losses, claims, damages, or liabilities to which the Town or any of its officers, agents or employees may become subject to, insofar as any such losses, claims, damages or liabilities (or actions in respect thereof) that arise out of or are based upon any performance by the Developer hereunder; and the Developer.shall reimburse the Town for any and all legal or other expenses reasonably incurred by'the Towri-ih connection with investigating or defending any such loss, claim, damage, liability or action. This indemnity provision shall be in addition to any other liability which the Developer my have. 5. lt is mutually agreed that the Developer may apply for and the Town may authorize a partial release of the security provided to the Town for each category of improvement at such time as such improvements are constructed in compliance with all plans and specifications as referenced hereunder and accepted by the Town. Under no condition shall the dollar amount of the security provided to the Town be reduced below the dollar amount necessary to complete all uncompleted improvements referred to in this Agreement. 6. lf the Town determines, at its sole discretion, that any of the improvements referred to in this Agreement are not constructed in compliance with the approved plans and specifications filed in the office of the Community Development Department of the Town of Vail or C:\Documents and Settings\sfahrney\Local Settingstt"F:::"y#l*"et Files\OLKD\Developer lmprovement Agreemenl.doc not accepted by the Town as complete on or before the date set forth in Paragraphl of thisAgreement, the Town may, but shall not be required to, draw upon the security ref6red to in thisAgreement and complete the uncompleted improvements referred to in this Agreement. pursuant to Section 12-11'8, Vail Town Code, the Temporary Certificate of Occupancy refered to in thisAgreement may be revoked until all improvements referred to herein are completed by the Developer or the Town in accordance with this Agreement. lf the costs of completing the uncompleted improvements referred to in this Agreement exceed the dollar amount of the security provided to the Town, the excess, together witi interest at twelve percent (12o/o) per annum, shall be a lien against the property anO miay be collected bycivil suit or may be certified to the treasurer of Eaglebounty to be collbcted in tire same manner as delinquent ad valorem taxes levied against sucn property. lf the Developer fails or refuses tocomplete the improvements referred to in this Agreement, such failure or refusal shall be considered a violation of Title 12 (Zoning Regulationi), of the Vail Town Code, and the Developer shall be slbject to penalties pursuant to Section 12-g-10 (Violations: Penalties) and Chapter i-4(General Penalty), Vail Town Code. 7. The Developer shall warranty the work and materials of all improvements referred to in this Agreement located on-Town property or within a Town righfof-way, pursuant to Chapter8-3, of the Vail Town Code, for a period of two years after tie Townb acceptance of saidimprovements. 8. The parties hereto mutually agree that this Agreement may be amended from time to time, provided that such amendments be in writing and eiecuted by aliparties hereto. Dated the day and year first above written. rr;al,[,; R-fr"e STATE OF COLORADO COUNTY OF EAGLE The foregoing ."+ , Dav of\.:7'"""r-- Witness my hand and official seal. My commission expires c:\Documents and Settings\sfahrney\Local Setiings\Temporary Internet Files\oLKD\Developer lmprovement Agreement.doc Page 3 of 5 ed before me this STATEOFCOLORADO ) )ss.coUNTYoFEAGLE ) The fgregoing Developer lmprovement Agreement was acknowledged ,before me this S oay of Oclrolc-rr-, 2Wgby 4e-\rrua-W^); L-e.' Witness my hand and official seal. My commission expires: ^, The foregoing Developer lmprovement AgrepmentZlo dayof oczoet'e ,209!by S; II My commission expies: (olLt I Z'oo b I Bank srATE OF COLORADO ) )SS. couNTYoF EAGLE ) Witness my hand and official seal. this4' C:\Documents and Settings\sfahrney\Local Settings\Temporary Internet Files\OLKD\Developer lmprovement Agreement.doc Page 4 of 5 Iot ul tro UJ =tr o k =Fo IU ol FI -l NI|!l EI tEl>l FIoluJl dl Il o c,ga .b (g @ ulh ftl 6lulI7l 'l I I I I I I I gl(!l ol <l 5l 6lNl -..1ifrl +zl ri,l c '= Eo oa.] q) olo-l PI OJol ol ol olol zloltrl(!l Elol @lullol Js v 6 N h (\E 6 N d)l CN c{iit N F.e s .!s F- oz t (n t I I fr qz a)zoozul FXru {.iinzo N s ci o tt.t E € E 3 a '6 L! i t a R d .g t o. E o Ei b .E F E F t 6 o a I 3 Jg F Flu LU-v) *nrrt$tar Bank o 15 Benchmark Rd Avon' CO. 81620 (970) 94e-s99s IRREVOCABLE LETITN OF CRTDIT Efuive Date: 10/18/04 Erpiration Date: 10/18/05 t , To: Beneficiary The Town of Vail 75 South Frontage Road West Vait, CO.81657 ('Hereinafter refened to as: Benefrciary) Re: Customer Ilaymer CorPoration N.V. 12 Vail Road Ste 200 Vail CO.81657 (tlereinafter refened to as: Customer) Dear Town of Vail We hereby open our lrrevocable lJtter of Credit No 814 in favor of Beneficiary. It is available by drafts at sight dra;n on Wessrar Bank for any sun or sums not exceeded the lesser of "FOUR IIIINDREI) SEVENTEEN TEOUSANI' SD(HIJNDREII AND NINETY SEVEN DOLLARSAND FTITT CENTST ($417,69?.50) or the total amount due under tbat sp€cific Promlssora Note llated February 25, 2004 ircm Daymer Corporation N.V., as hereinafter defined" and Beneficiary for the account of Daymer Corporation N.V. C'l,etter of Credif) Drafts under letter of Crcdit must be accompanied by an affidavit signed by Beneficiary stating that Daymer Corporation N.V. has friled to comply with tlre ters$ and condrtions of the Developer ImirovementAgreement. Each draft must bjar upon its fuce the clause, *Drawn under letter of Credit No. 814 datd fuober 18, 20O4, Weststar Bafllq Avon, Colorado". Partial draws art not pemitted. Drafts under tetter of Credit must b€ presented to an officer of WestStar Bank at the following address of Wes{Star Bank between the houn of 9:00 a.m- and 3:00 p.m. Monday rhrough Friday excluding Holidale : AYon 15 Benchmark Rd Avon' CO. E1620 The amount of the draft, which is negotiated pursuant to this Lefter of Credit, together with the date of negotiatiorq must be endorsed on the reverse side of the lrtter of Credit. We hereby agree that drafts drawn under this Letter of Crcdit and in compliance with its terms, shall be promptly ioiored if presented at the counters of WestStar Bank as previously defined herein no later than 3:00 P.M. Mountain Time on October 18,2005. This Letter of Credit is not assignable and shall expire at 3:00 P.IIL Mountain Time on October 18' 2{X)5' Weststar Bank repr€sents and warrants to Beneliciary that fulI authority and power to issue this Lefter of Credit in the total amou$t and for the period of time stated herein: said authority being pursrant to the lana of the United States, or to the State orierritory which governs the establishment and regulation of WestSw Banlq a114 the WestStar Bank's Charter, bylaun, and other applicable nrles and regulations adoptd p*r*ot th"r.to. This credit is subiect to -ttre "Uniform Custom and Practice for Documentary Credits (tSSf rev.), International Charnber of Commerce Publication No. 500". Letter of Credit #814 October 18,2004 Page2 (1993 rev.), International Chamber of Commerce Publication No. 500". Should it be necessary for Beneficiary to file suit in an effort to enforce this Letter of Credit, Weststar Bank hereby waives all venue rights and submits to the jurisdiction of the District Court in and for the County of Eagle, State ofColorado. From: To: Date: Subject: Corey Swisher Department Heads: Town Council 10122104 2:05:20 PM Acting Town Manager To All: Pursuant to Section 6.2 of the Town of Vail Charter, Pam Brandmeyer will serve as the Acting Town Mangerfrom Friday, October22,2O04,5:00 p.m. until Wednesday, October2T, 2004, 8:00 a.m. Pam can be reached at the following numbers: 479-21 13 Work 471-3573 Mobile 926-1694 Home Stan will be available via mobile: 390-7748 Thank you, CS Corey Swisher Executive Assistant Town of Vail, CO p: 97 0.47 9.21 06, t: 97 0.47 9.21 57 e: cswisher@vailgov.com w: http://www.vailgov.com GG:Lorelei Donaldson Loan Policy American Land litle Association -1970 Bev. PotiryNumber B 3026616 MINNESOTA TITLEA SUBJECT TO THE EXCTUSIONS FROM COVERAGL THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OFTHE CONDITIONS AND STIPULATIONS HEBEOi TITLE INSURANCE C0MPANY 0F MINNESOTA, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs. attorneys' {ees and expenses which the company may become obligated to pay hereundet sustained 0r incurred by the insured by reason ot: 1 lltle t0 the estate or interest described in Schedule A being vested otherwise than as srated therein; 2. Any defect in or lien or encumlrance on such title; 3. Lack of a right of access to anij from the land; 4. Unmarketability of such title; 5. The invalidity or unenforceabi{ity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity or unentorceability, or claim thereof, arises out of the transaction widenced by the insured mortgage and is based upon a. usury 0r l b. any consumer credit proteirion or truth in lending law; 6 The priority of any lien or enc0mbrance over the lien of the insufed mortgage; 7 Any statutory lien for labor or inaterial which now has gained or hereafter may gain priority over the lien of the rnsured mortgage, except any such lien arising {rom an improvement dn the land contmcted for and commenced subsequent to Date of Policy not financed in whole or in part by proceeds of the indebtedness secured by ihe insured mortgage which at Date oi Policy the insured has advanced or is obligated to advance; or 8. The invalidity or unenforceability ol any assignment. shown in Schedule A, of tre insured mortgage or the lailure 01 sard assignment t0 vest title to the insured mortgage in the nam{d insured assignee free and clear o{ all liens. lN WITNESS WHEREOI tre said l'itle lnsurance Companv of Minnesota has caused its coroorate name and seal t0 be hereunto affixed by is duly authorized officen as of the date shov'rn in Schedule A, the policy to be valrd when countersiqned bv an authorized officer or agent of the Company. TITLE INSURANCE COMPANY OF MINNESOTA A Stock Comoanv 400 Secmd Avenue South, .mtantag-8y TIM Mortg aqe 2/73 Uo"r ,a-l r File No. SCHEDUI.,,E 1.Policy Date: Name of fnsured: Novenber 05, L990 at 8:00 A.M. FIRSTBANK OF VAIL The estate or int,erest in the land descrj-bed inand which is encumbered by the insured rnortgage A Fee Sirnple The estate or inferest, referred to herein is atvested in: vL5397 A ""-Qy No. 83026616 Anount $L, 188,1"45.50 Loan # Address VILI,AGE INN 2. 3.this Scheduleis: Date of Policvr', VAIL VTLLAGE INN, INC., A COLORADO CORPORATION 5. The nortgage, herein referred to as the insured nortgage, andthe assignments:thereof, if any, are described as follows: DEED OF TRUST DATED October 29, 1990r FROM VAIL VILLAGE INN, INC., A COLORADO CORPORATION TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OFFTRSTBANK oF VAIL To SECURE TIIE sUM or $r,Lg8rL46.50 REcoRDED Novenber 05,1990, IN BOOK 54L AT PAGE 516. 6. The land referred to in this policy is situated in EAGLE county, Colorado,and is described as fol_lows: PARCEL ]-: THosE PoRTroNs__9r_ LoTs M, N, AND o, BrJocK s-D, VAIL vILr,AcE, FrRsT FrLrNG,ACCORDING TO THF MAP THEREOA RECORDED UNDER RECEPTTON NO. 96382 rN THEOFFICE OF THE-E4'GLE COUNTY, COLORADO, CLERK AND RECORDER (CLERKS RECORDS)DSSCRTBED AS FOtrLOWS: BEGINNING AT A POTNT ON THE NORTHERLY LINE OI' SATD LOT O WHICH IS THENORTHEAST CO OF A PARCEL DESCRIBED IN BOOK 230 AT PAGE 556 OF' THECLERKIS RECORDSI WHENCE THE NORTHWEST CORNER OT SAID LOT N BEARS N 79 DEGREES 46 OO SECONDS IV 175.00 FEET DISTANT; THENCE ALoNG SAIDNORTHERLY LrNE S 79 DEGREES 46 MTNUTES OO SECONDS E l_78.40 FEET TO THENORTHWEST CO oF VIIJLAGE rNN PIAZA, A CONDOMINIUM, ACCORDING TO THE MAp THIRIoF RECORDEP UNDER RECEPTION No. 24535L oF THE cLERKrs REcoRDsr THENSETHE FOLLOWING COURSES AIJONG THE WESTERLY BOUNDARY OF SAID VILLAGEINN: (1.) S 09 PEGREES 30 MTNUTES oo sEcoNDS W 190.44 FEET (190.73 FEETCALCUL,ATED) t (2\ s 80 DEGREES 30 !,trNUTEs 00 sEcoNDs E 56.60 FEET; (3) s 09DEGREES 30 S OO SECONDS W 7.46 FEET TO THE NORTHERLY LINE OF VILLAGEINN PLAZA PHASE$ I AND II ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 388 Page l" This policy valid only if Schedule B is attached. ?IM Mortg age Z/73 ror* ,.!""1',File No. V15397 SCHEDULE A No.8302661-6 Amount $1, 188 , 146. 50 Loan # Address VILI,AGE INN AT PAGE 855 oF irnn crcnx's REcoRDsr THENCE THE FoLLowrNc FrvE couRsEs AroNGTHE NoRTHERT,Y AND ttEsrERLy BoUNDARy or sArD vrLr.AGE rNN pLAzA pHAsEs r ANDII: (1) N 80 DEGREES 22 MINUTES 22 SECONDS W 1.25.59 FEET' (2) S 42 DEGREES32 MINUTES 2L $ECONDS W 46.01 FEET; (3) S 82 DEGREES 06 MINUTES 4d sECONDS I-1?:19 I!EIi (1) s L0 DEGREES t3 MTNUTES 02 sEcoNDs.vJ 81..63 FEET; (s) s ooDEGREES 23 MINqIES OO SECONDS W ].5.83 FEET TO THE SOUTHEAST CORNER OF SAIDLor Mt THENCE llHE FoLrowrNG FouR couRsEs Ar,oNc rHE sourHERLy AND lrEsrERLyBOUNDARY oF sArD ror M: (1) 5t.03 FEET ALONG THE ARc or A cuRvE To THELEFT HAVING A RADIUS OT 545.88 FEET, A CENTRAL ANGLE OF 05 DEGREES 20MINUTES 2L SECONDS, AND A CHORD WHICH BEARS s 78 DEGREES 33 MINuTES 42sEcoNDS w sj..01 FEET (CALCuL,ATED), (z) s 7F DEGREES g3 MTNUTES 0o sEcONDs vI 77:?9 FEETT (3) 36.2t FEET AIoNe THE ARc oF A cURvE To THE RrcHT HAVTNG ARADIUS OF 2O.OO FEET A CENTRAL ANGLE OF ].03 DEGREES 44 MINUTES OO SECONDS,AND A CHORD WHICH BEARS N 52 DEGREES 15 MINUTES OO SECONDS W 3]..46FEET' (4' N OO DEGREES 23 MTNUTES OO SECONDS W ].93.2], I'EET (193.].5 FEETCALCULATED) TO THE NoRTHWEST CORNER oF SAID LoT Mr THENcE ALoNG THE rvESTLINE oF SAID LoT N, N 00 DEGREES 23 MINUTES 0o sEcoNDs I^I 5o.oo FEET (50.05FEET CALCUI,ATED) TO THE SOUTHWESS CORNER OF THE PARCEL DESCRIBED TN BOOK230 AT PAGE 556 oF THE CLERKTS RECORDST THENCE THE ForJLowrNG TwO COURSEsALoNG THE SOUTHERLY AND EASTERLY BOUNDARY oF SAID PAReEL: (1) s 29 DEGREES46 MTNUTES 00 SEcoNDs E L47.36 FEET; (2) N Lo DEGREEs 14 MTNUTEs 0o sEcoNDsE L47.43 FEET lIO THE POINT OF BEGINNING. LEss rHAT PRoP4RTV cowEyED ro 'IAMM LTD., A coLoRADo LrMrrED pARTNERsHTp rNDEED RECORDED qEcEtrBER 20, 1979 IN BOOK 296 AT PAGE 301. EXCEPTING THEREFROI,I THE CO II,IAP379 AND TTRST ENDMENT THBRETO RECoRDED SEPTEMBER 19, 1988 rN BooK 491 ATDESCRIBED IN THE CONDOMINII'M DECLARATION THEREOF RECORDEDPAGE 4OO AND FEBRUARY 4, t9 IN BOOK 478 AT PAGE 378 AND FTRST AMENDMENT THERSTORECORDED S 19, i.988 IN BOOK 491 AT PAGE 399, COUNTy OF EAGIE, STATEOF COLORADO. PARCEL 2: CONDOMINIIJM UNTTS 5O1, 602 AND 503, VILIAGE TNN PI,AZA, ACCORDTNG EO THEcoNDoMrNruM MA! THEREoF RECoRDED NoVEI'{BER r.9, 19s2 rN BooK 349 AT pAcE lL,lIl--A:.?EIINIP jIN THE coNDoMrNiw oacr,anerroN REcoRDED NovEtvrBER l-e, j.e82 rNBOOK 349 AT pAqE 12, couNTy oF EAGLE, STATE OF COLORADO. VILI,AGE INN PI,AZA-PHASE V CONDOMINIWS, ACCORDINC TO THEREOF RECORDED FEBRUARY 41 1_988 IN BOOK 478 AT PAGE 2 ThiEPage PoLicy valid only if Schedule B j.s attached. SCHEDULE v]5397 B.I This policy Ioss or damage by reason of 1. Rights or c1a f partles in possession not shown by ttre 2. Easements, or ctraims of easenents, not shohm by the public T'IM Mortgage F'om 233L CrC i rile No. n.-?ry *o. 83o?66i.6 the following: public records. records. AS GRANTED TO HOLY CROSS ELECTRIC ASSOCTATION, INC. INED JANUARY 2L, 1983, IN BOOK 352 AT PAGE 396. S AND PROVISIONS OF AGREEMENT RECORDED Septenber 09, j.983 AGE 833. 3. Discrepancies, confli.cts in boundary lines, shortage in area,encroachments, and any facts which a correct survey and inspection of thepremises would discl-ose and which are not slrown by the public records. 4. Any lien, or right to a lien, for services, Iabor, or material theretoforeor hereaf,ter fu5nished, imposed by law and not shown by the public records. s. TAXES FOR THE YEAR L989 AND SUBSEQUENT YEARS AND ANy AND ALL ASSESSMENTS. 6. RIGHT OT PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SA},IE BE FOUND TO PENETRATE OR INTERSECT THE PREMISESAs RESERVED IN UNITED STATES PATENT RECORDED July 1-2, l-899 | IN BOOK 48 ATPAGE 475. 7. RIGHT OF WAY F'OR DITCHES OR CANALS CONS?RUCTED BY THE AUTHORITY OF THEUNITED STATES AS RESERVED IN UNITED STATES PATENT RECoRDED JuIy l-2, 1899,IN BOOK 48 AT PAGE 475. 8. RESTRTCTTVE COVENANTS WHrCH DO NOT CONTATN A TORFETTURE OR REVERTER CrSUSE,BUT OMITTING REFTRICTIoNS, IF ANY, BASED oN RACE, col.,oR, RELIGION, oRNATIONAL ORIGIN; AS CONTAINED IN INSTRI]MENT RECORDED AUgUSt 10, 1962, TN. BOOK L74 AT pAcrll 179. 9. EASEMENT TEN FEFT IN WIDTH AIONG THE NORTHERLY PORTTON OF LOTS O AND P,BLocK 5-D As sHowN oN THE Pr,Ar oF vArL vrLr,AGE, FrRsr rrLrNG. 10' RECIPROCAL EASETIENT AGREEI'{ENT BETWEEN vAIL VILLAGE INN, A coLoRADoCORPORATION' JAI'IM LTD. ' A COLORADO LIMITED PARTNERSHIP AND VAIL VILLAGE INNASSOCIATES' A COLORADO GENERAL PARTNERSHIP RECORDED JANUARY 3, 1983 IN BooK351 Ar PAGE 324,. i1. UTILITY EAS TNSTRUMENT 12. TERMS, CONDITTIN BOOK 367 AT Pnaia TIM Mortgage Form ,ra:- "r*Q File No. V15397 SCI{EDUL8 B-I 13. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED SEPTEMBER 9, ]"983 IN BOOK 367 AT PAGE 833. 14. ENCROACHMENT OF BASEMENT AREA OF VIIJI'AGE INN PLAZA PHASES T AND II ONTOSUB]ECT PROPERTY AS SHOWN ON II.IPROVEMENT LOCATION CERTIFICATE BY EAGLEVAI,LEY ENGINEERING & SURVBYING, INC. JOB NO. 854.2 DATED AUGUST 6, 1984. 15. ENCROACHMENT AND ROOF OVERTIANG OF VILI,AGE INN PI.,,AZA PHASES I AND TT ONTO SUBJECT PROPERTY AS SHOWN ON IMPROVEMENT LOCATION CERTIFICATE BY EAGLE VALLEY ENGINEERING & SURVEVING, rNc., JoB. NO. 854.2 DATED AUGUST 6, 1984. NOTE: EASEMENT AGREEMENT IN CONNECTION WITH SAID ENCROACHMENT WAS RECORDEDJULY 10, 1984 rN BOOK 388 AT PAGE 861. 16. TERMS' CONDITIONS AND PROVISIONS OF LEASE BETWEEN VAIL VILI,AGE INN, INC., ACOLORADO CORPORIA'TION AND VII-,,I-,AGE INN PANCAKE HOUSE, INC. RECORDED June 20,1986 rN BooK 443 AT PAGE 786 AND SETTLEMENT ACREEMENT RnCORDED AUGUST 6,1986 IN BOOK 446 AT PAGE 347. 17. TERMS' CONDTTIONS AND PROVISIONS OF ASSIGNMENT OF LEASES BETWEEN VAILVILLAGE INN' INp., AND CHARTERIIOUSE I'INANCTAL LTD., rNC. RECORDED July 01.,]"986 IN BOOK 444 AT PAGE 504. 18. CONVEYANCE OF EASEMENTS BETWEEN VAIL VILI,AGE INN, INC., A COLORADOcoRPoRATroN ANDI F&L VArL VTLT.AGE rNN PARTNERSHIP, A COLORADO GENERAL PARTNERSHTP REC9RDED JULY Lo, L984 rN BooK 3ss AT PAGE B6t. DECI,ARATION OF PARTIAL VACATTON OF EASEMENT IN CONNECTION WITH SAID' EASEMENT RECoRDED JULY 25, 1985 rN BooK 420 AT PAGE 74i-. 19. EXTSTING LEASESI AND TENANCIES AND ANY AMENDMENTS THERETO. 20. ANY LOSS OR DAII{SGE THE INSURED SHALL SUSTAIN IF CHARTERHOUSE VAIL HOTELASSOCIATES LTD., A TEXAS LTMITED PARTNERSHIP WAS NOT CAPABLE OF HOLDINGTITLE TO SU&7ECN PROPERTY. 2L. LEASE AGREEMENTi DATED OCTOBER 1979 BV AND BETWEEN ERNEST I,ARESE AND SWISSHOT DOG COMPANY AND VAIIJ VII,I.AGE rNN, A COLORADO CORPORATION AND LISPENDENS FILED IN CONNECTION WITH SAME IN DISTRICT COURT IN AND FOR THECOUNTY OF EAGLEI CIVIL ACTION NO. 84 CV 5].2 ENTITLED ERNEST I.ARESE AND SWISSHor Doc COMPANY, Pr,ArNTrFr(s), vs. vArL vrLr,AcE rNN, rNc., A coLoRADocoRPoRATroN AND ANTHONY GENTII, DEFENDANT(S) NOTTCE oF LrS PENDENS RECoRDEDFEBRUARY i-9, L985 rN BooK 406 AT PAGE zej irno Lrs pENDENs FrLED rN corJoRADocouRT oF APPEALS CrVrL ACTION NO. 86 CA 1303 RECORDED SEPTEMBER 9, 1986 rNBOOK 448 AT PAGE 339. n"Qv No. 83026616 Page TIM Mortgage Fortt 2 3 31-".1"y "o. 83026616 22. 23. File No. V15397 SCHEDULE B-I FINANCING STA T WfTH I4ETRO NATIONAL BANK, THE SECURED PARTY, RECORDED BOOK 456 AT PAGE 543.July 22 | !987, A DEED OF TRU DATED June 18, 1987 FROM FAl,tILy RESTAURANTS, INC., A COLORADO CO ON TO THE PUBIJIC TRUSTEE OI'XXX COUNTY rOR THE USE OFMETRO NATIONAL , N.A. TO SECURE THE SI'II{ OF $454,000.00, AND ANy OTHERAMOUNTS PA UNDER THE TERMS TIIEREOFT RSCORDED JuLy 22, Lgg7, rN BOOK466 AT PAGE 544. SAID DEED OF TRUST WAS FI'RTHER SECIIRED BY ASSIGNMENT OT LEASES RECORDEDJULy 22t L987, IN BOOK 466 AT PAGE 545. (ITEMS 22 AND 23 AFFECT TITE LEASE REFERRED TO TN ITEM 1.9 HEREIN) 24. TERMS, CONDITIONS AND PROVTSIONS OF ENCROACHMENT AND VTEW AGREEMENTRECORDED December 22, j.989 IN BOOK 5AO AT pAcE 167. (ITEMS 6 THROUGH 24 AFFECT PARCEL 1,) (ITEMS 6 THROUGH ].0 AFFECT PARCEL 2) 2s. EASEMENT AND.II_1G-IT_OI-WAY AS GRANTED TO HOLY CROSS ELECTRTC ASSocrATrON,rNc' ' rN rNsrRul4IIT-lIgglDID NoVEMBER 19, Le71 rN BoaK 222 AT PAGE 32r-, ANDAs sHowN oN THEI coNDourNrutt I'tAp REcoRDED NoVEMBER j-9, 1982 rN BooK 349 ATPAGE ].]-. 26. EASEMENT GRANTED TO HOLy cRoss ELECTRTC ASSOCTATTON, rNC., rN TNSTRWENTRECORDED JANUARIy 2l_, L983 rN BOOK 352 AT pAcE 3e7. 27' THOSE PROVISIONS, COVENANTS AND CONDfTIONSf EASEMENTS AND RESTRICTIONS,wHrcH ARE A BI'RDEN TO TI|E coNDourNruM uNrr DESCRTBED rN SCHEDULE A, ASCoNTAINED rN INSTRUMENT RECORDED Novernber 19, 1982, rN BooK 349 AT pAGE 12. 28. ENCROACHMENT OF PARKING GARAGE INTO TEN FOOT EASEMENT AS SHOWN ON MERRICKAND COMPANY SURVEY DATED NOVEMBER 13, 1981, JoB No. 322-4zLg. 29. EASEMENT BETWEEN vrLraGE rNN pr.AzA CONDOMTNTUM ASSOCTATTON, A qOLORADONoN-PRoFIT co}|Pl$I9It,Y4IL VILLAGE INN, rNc., A coLoRADo coRPoRATroN, ANDF & L VAIL VIL+GE PARTNERSHIP, A COIORAbo GENERAL PARTNERSHIP IN DocuMENTRECORDED JULy t o , Lg84 IN BOOK 388 AT PAGE 862. 30' EASEMENTS' RES-ERVATIONS AND RESTRICTIONS AS sHowN AND RESERvED oN THERECORDED CO I4AP OF VIIJI.AGE INN PI,AZA. Page tru uoitgage Form ,Ur:- ", C File No. V15397 P. ly No. 83026616 SCHEDULE B.I 31. TERMS' CoNDITIONS AND PROVISIONS OF LEASE AGREEMENT RECORDED Novenber !7 |1987 rN BOOK 47it AT PAGE 287 AND PSNEWAL THERETO RECORDED NOVEMBER l_7, L987IN BOOK 474 AT PAGE 288 AND FIRST AI'fENDI{ENT THERETO RECORDED NOVEMBER ]"7,].987 IN BOOK 47i4 AT PAGE 289 AND OTHER !,TATTERS ATFECTINC SAID LEASE. NorE: AssrcNl"lENT rN coNNEcrroN wrrn sArD LEAsE To KATHERTNE A. DAvrs RECORDED NOVEMBER 17, 198? IN BOOK 474 AT PAGE 290. 32. EXISTING LEASES. AND TENANCIES. 33. A DEED 03'TRUST DATED November 0L, 1987 FROM KATHERTNE A. DAVIS TO THEPUBLIC TRUSTEE PF EAGLE COUNTY FOR THE USE OF WILLIAM L. HANLON TO SECURETHE SUI{ OF $]-5OIIOOO.OO, AND ANY OTHER AMOUNTS PAYABLE UNDER TIIE TERMSTHEREOF' RECORDED Novenber 12, LgB7, rN BooK 474 AT pAcE 29L. (AFFECTS LEASE REFERRED TO IN ITEM 3]. HEREIN) 34. A DEED oF TRUsr DATED Novenber 1-5, L989 FRoM vArL VTLLAGE rNN, rNc., ACOLORADO CORPORATION TO THE PUBLIC TRUSTEE OF EAGLE COUNTY TOR THE USE OFFTRSTBANK oF vA[L To sEcuRE THE sul,l oF 9935,4s0.53, AND ANy orHER AMouNTsPAYABLE UNDER T+I8 TERMS THEREOF, RECORDBD November 17, l-989, IN BOOK S18 ATPAGE 20. (AFFECTS PARCEL 2) (TTEMS 25 THROUGH 34 AFFECT PARCEL 2) SCHEDULE B.II rn addition to the patters set forth in part I of this schedule, the title tothe estate or interpst in the land described or referred to in schedule A issubject to the follpwing rnatters, if any ue sfr-wn, but the company insures thatthe lien or charge pf the insured nrortgige upon said estate or interest isprior to such matters. ASSTGNMENT OF AT PAGE 5]-7. RFNBS AND OTHER RIGHTS RECORDED November 05, ]-990 IN BooK 54]- Page EXCLUSIONS]FROM {d} "land": reference in Schedule A, and im {el or other security instrument. suant t0 a contract 0l I 0r guaranty Insunng 0r guaranteeing the The following matters are expressly excluded from the coverage fi tnts pottcy:1. Any law, ordinance 0r qovemmental reoulation ii:rYjls_1S-191]lTited to buil{ins and zoning ordinances) resiricting or'egutalng 0r prontotttng the occdpancy, use or enjoyment of lhe land, 0rfegulaflng me cnaracter. drmensions or location ol arry imprwement n()w 9!ir_|'r,rl9l ryct9d 0n rhe land. or prohibiring a sepaftttion in ownership 9,r^u_f,^0-ur_l1 n m? dlmensions 0r area of the land, or the effect of any vrorart0n 0t any such law. ordinance or govemmental regulation. ,2 Rights ol eminent domain or gdvernmental rrghts 0r porrce power untess notice 0f the exercise of such rights appears irithepublic records at Date of policy. 3. Defects. liens, encumbrances, adverse claims, or other matt_ers (a)created, suffered, assumed or agreed to Ov ittainiuied claimant; {b) not known to rhe Company and not Ihown Uvini ouUiii ,ec- ords but known r0 rhe insured claimant either at Daie ol ioiicv;i;i the !:ll.:gll|.lryl acquired an estate or inreresr insu.eo ny i|iii poiicy * acqutreo me Insured mortgage and nor disclosed in writinq bv the insired cralmant to.tne Uompany prior to the date such insured cla-imbnt became an rnsureo nereunder; lcl resulting in no loss or damaQe to the insured crarmant; ldl anachrng 0rcreated subsequent to Date-of policy {except tolne-efient Insurance ts aftorded herein as to any stafutory lierifor labor ormatenat 0r nght thereto).4 Unenforceabiiity of the lien ol the insured mortgage because of failure of the insur:ed at Date oi poticv iioii* :y!:_rgrg,rlryy-gf th€ indebredness ro compty with appiicinie ob,,,gDustness laws 0f the state in whtch the land is situated. ' CONDITIONS ANO STIPUIATIONSL Definitioh of Ternsrhe following terms when used in this policv mean,(al 'insured": the insured named in Schedule A. Ihe lpT_lLljrJ lt rnctudes (r)rhe owne, orlne rnoeoteUneiii-ei1"eO Ut,Ine Insureo mortgage and each successor in ownership of such indebtedj ness {reservtng nowever, all rights and deienses as to any such successorwno,acqutres m€ rndebtedness by operation of law as diitinquished frompurcnase Inctudrng, but n0t limited to, heirs, distributees, dev'isees. sur_ vrvors, personat representatives, next of kin or corporate or fiduciarv successofs that the.l"ompany would have had against the successors rransTerfil, and lurther includes {il) any governmental aqencv or instrumen_ rarrry wntcn ts an rnsurer or guarantor under an insuranie contract orguar,anry Insuftng or guaranteeing said indebtedness, or any part thereof,wneiner nameo as an rnsured herein or not, and (iiilthe parties desiqnareo in paragraph 2(a) of these Conditions ano Siipuhilo'n;.- "* "* *- "'"(bl "insured claimant,,: an insured claiming loss ordamage hereunder (c) "knowledge"t actual knowledge, not constructiveknowledge or notice which may dimputed to an ins-urii bt6;;i *ypublic records. e land descrrbed, specificallv or bv ryements affixed thereto which bv law howevel the term "land" does ndt res of the area specifically describeo or righl, title, interest, estate or easemenr alleys, lanes. ways or waterways, but the extent to which a right of access to po cy.': mortgage, deed 0f trust, trust deeo, indebtedness secured by the insured mortgage; providel that the airount of insurance hereunder after such acquisition, exclusive of costs, attorney's fees and expenses which the Company may become obligated t0 pay, sffill not exceed the least oi:(i) the amount of insurance stated in schedule A;(ii) the amount of the unpaid principal of the indebf edness as defined in paragraph B hereof, plus inteiest tliereon, expenses of foreclosure and amounts advanced t0 protect the lien 0i the insured nprtgage and secured by said insured mortgage at the lme of acqursition of such estate or,nterest In the land; 0r (iii) the amount pa d bv any governmental agency 0r instrumentality, il such agency or instrumentality is the tnsured ckimant, in the acquistron of such estate or interest in satisiaction of its jnsurance c0nvacl0r guaranry. lb) Continuatian of lnsurance a{ter Convevanre of litle The coverage of tnis polrcy shall conrrnJe n 'orce as 0f Date of Pohcv in favor of an insured so long as such insured retatns an estate 0r inter6st in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from such insured, or so lonq as such insured shall have liability by reason of covenants of warranty made bv such insured in any transfer 0r conveyance of such estate or interest: provided, however, his policy shail not continue in force in favor of any purchaser from such insured of either said estate or interest 0r the indebtbdness sbcured b, a purchase m0ney mortgage gtven t0 such insured. 3. Defense and Prosecution of Actions-Notie of Clain to be given by an lnsured Claimant {a) The Company, at its own cost and without undue delay, shall provide for tne defense of an rnsured rn all litigation consisting of actions or proceedings commenced agarnst such insure-d, or defenses, restrarntng orders 0r iniuncti0ns interposed against a foreclosure of the insured mortgage or a defense nterposed against an insured in an actron to enforce a contract for a sale 0f the indebtedness secured bv the insured mofigage, or a sale of the esrate 0r Interesr rn said iand, t0 thb extent that such litigation rs founded upon an a leged defect, lien, encumbrance, or other matter insured against by this poliry. (b) The insured shali notify rhe Company promptly In writing (i) in case any acuon or proceed.ng is oegun or defenie or restiain- rng order 0r Injunctton rs Interposed as set forth in (alabove, lii) in case knowledge shall come t0 an nsured hereunder of any claim of title or interest which is adverse t0 the title to the estate 0r interest or the lien of the insured mortgage, as rnsured, and which might cause loss or damage for which the Company may be liable by v rtue o1 this poliry or {ili) if tititl to the estare or interest or the lren or tre nsureo m0(g6ge, as rnsured, is relected as urmarketabre. lfsrch prompr notrce shail n-or be qiven to tt,e Comoany. then as t0 sucn rnsu,e0 all habrliry of the Company'shall cease and terminate in regard to me matter or matters for which such oromot notice is required; provided, howeve[ that failure to notify shall in no case prejudice the rights of any such insured rnder this poliry unless the Uompany shall be preludiced by such latlure and then only t0 the extent 0I sucn orerudtce. lci The Company shali have the right at ih own cosr t0 institute and without undue delay prosecute any actlbn or proceeding 0r m do any other afi wnich in its op,nron may 0e necessary or desirable to establish the title to the estate or Interest 0r the lien oi the insured m0rt- gage, as inslred, and the Cornpany may take any appropriate action under the terms of this policy, whether 0r not it shall be liable thereunder, and shall not thereoy conceoe liab.lity or warve any provision of this poliw.(d) Whenever the Company shall have brought dn, action or interposed a defense as requrred or peimrned by the prdvisions of this policy, rhe Company may prrsue any such liligation to final determt- naron Dy a coun 0f competent iu sdtctr0n and expressly reserves the right,jn ib sole discretron. t0 appeal from any adverse ludgmenl or order.{e| in ali cases .,r..inere ihrs tnhcy pe(mtts or rcquires the Company to prosecute or provide for the de{ensa of any actjon dr oro- ceeding, the insured hereunder snall secure to rhe Company the rightio so prosecute 0r provide defense in such action or proceeding, and all appeals therein, and oermit the Company ro use. at hs optron, tne name of sir'ch Insured 10r such purpose. Whenevelequested by the Companv, such insured shall give the Company all reasonaole aio rn any such iction or proceeding, in effecting setrement, secuhng evtdence, 6btaining wit- nesses, or prosecuti. i defending such acrion or proceeding, and the Uompany shall retmLJ such insured for anv exoense so incuned lC tinuod u inside b&k flaDt (f) "public records": those records which bv law rmpart constructive notice of matters relating to said land z. lal 9ltftaimot trwrauaftq Muisr{mof liile Thrs policy shall.continue in force as of Date of policy in favor ol an insuredwno acqurres ail 0r any part ot the estate or interEst in the land described In )cneoute A,Dy toreclosure, tustee's sale, conveyance in lieu of foreclo_ sure, or orher legal manner which discharges the lien oi the iniured -- I9nSage, ano rt the Insured is a $orporation, its transferee of the estate orInrcresl s0 acqutred, provtded the transferee is the parent or wholly ownedsubsidiary of rhe insured; and in lavor of anv i $m;;i;;;;'InsrrumenEtrty whrch acquires alllor any pan b._rle estate oiinteiest pur_ l " ti*,rti,itri,ri^i,it*^ttupl CQ4. Notie of Lo#-Linitation of Miut in addition to the notices required under paragraph 3(b| oi these Conditions and Stipulations, a statement in writing of any loss or damage ior which it is claimed the Company is liable under this policy shall be furnished to the Company within 90 days after such loss or damage shall have been deter- mined and no right of action shall accrue to an insured claimant until 30 davs atter such statement shall have been furnished. Failure to fumish such statement of loss or damage shall terminate any iiability of tre Company under this policy as h such loss or damage. 5 ?ptions n Pay or ?thelvise Setf/e C/aims The Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim insured against or to terminate all llability and obligations of the Comp{ny hereunder by paying or tendering payment of the amount of insurance under this policy hgether with any costs, att0rneys' fees and expenses ihcuned up to the time of such pay- ment or tender of payment by the insured claimant and authorized by the Company. ln case loss or damage is dlaimed under this policy by an insured, the Company shall have the lfurther option to purchase such indebtedness for the amount owing thereon together with all costs. attor- neys' fees and expenses which the Qompany is obligated hereunder to pay. lf the Company offers to purchase said indebtedness as herein provided, the owner 0f such indebtedness shall transler and assign said indebted- ness and the mortgage and any collateml securing the same h the Company upon payment fterefor as herein prwrded. 6. Deterninatian and Pawnent of Loss(a) The liabilrty ol the Company underthis polrcy shall in no case exceed the least of:{i) the actual loss of the insured claimant; or {iil the amount ol insumnce stated in Schedule A, or, if applicable, the amount of insurande as defined in paragraph 2(a) hereof; 0r {iii} the amount'of the indebtedness secured by the insured mortgage as determrned under paragraph B hereo{, at the time the loss or damage insured against herelnder occurs, together with interest Inereon,0r (b) The Compapy will pay, in addition t0 any loss rnsured against by this policy, all costs imposed upon an insured in litiga- tion canied on by the Company for quch insured, and all costs, attorneys' iees and expenses in litigation canied on by such insured with the written. authonzation ol lhe Company,(c) When liabiliw has been definitelv fixed in accord- ance with the conditions of this pohcy, the loss or damage shall be payable within 30 days thereafter CI(b) The liability of the Company shall not be increased by additional principal indebtedness created subsequent t0 Date of Policy, exceot as to amounts advanced to protect the lien of the insured mortgage and secured therebv. No pavment shall be made without productng this oolicv for endorsement ol such payment untess lhe oolicy be lost ot bestroved, in which case proof ol toss or destructron shall be furnished t0 the satisfacti0n of the Companv. 9, Liabilitv Noncunulative ll the insured acquires title to the estate of lnterest in satisfaction 0i the indebtedness secured by the insured m0rtgage, or any part thereof, it is exoresslv understood that the amount of insurance under this policy shall be reduc'ed by any amount the Company may pay under any policy insuring a mortqaqe hereafier executed bv an insured which is a charge or lien on rhe est-ar6 or interest oescribed ot reiened to'n Schedr,le A. and the amount so paid shall be deemed a payment under this poitcy 1A. Subrogatran Upon Paynent or Seftlement Whenever the Company shall have settled a claim under this policy, all rioht of subroqation shall vesl rn the Company unaffected by any act 0f the iniured clarmint. exceot that the owner of the indebtedness secured by ttre insured mongage may release 0r substitute the personal liability ol any debtor or guaraniof or extend or othenryise modi{y the terms of payment, or releasei portion oi the estate or interest from the lien of the insured monoaqe, or release any collateral security tor the indebtedness, provided suchicl occurs orior to rece pt 0v the insufed 0i notice 0f any claim of title or interest adverse t0 the title t0 the estate 0I inlerest or the priority oi the lien of the insured mortgage and does not result rn any loss of priority of the lien of the insured mortgage. The Company shall be subrogated to and be entitled to all righrs and iemed es which sucn insured claimant would have had aqainst anv person 0r ptoperty in respect t0 such claim had thts oolrcv not b-eer ,ssued. and 'f reouested oy the Company, sucn insured claimant shall transfer to the Company all rignts and remedies against any Derson 0f property necessary irr order to perfect such right oi subrogati0n bnd shall permir the Company 10 Jse lhe name of such insured clarmant ir any transaction 0r litigation involving such rtghts or temedte^s. lt the pay' ment does not cover the loss o1 such rnsured claimant, the Companv shall be subroqated to such rights and remedtes rn the proportion which said oavment-bears t0 the adount of said loss, but such subrogation shall be in iubordination l0 the insureo mortgage. lf loss of prior ty should result from any act of such insured clarmant, such act shall not void this p0licy, but the Company, in that event, shall 0e required 10 pav 0nly that part 0t any losses insured against hereuncler which shall exceed the amount, if any, lost to the Company by reason of tne rmparrment of tne right 0f subrogatlon. 11. Liabilily Limtted ta this Policy This instrument together with all end0rsements and other Inslrument$, il any, attached hereto by the Company is the entire p0licy and contract between the insured and the Company. Any claim of loss or damage, whether or no1 based on neoliqence. and whrch anses out of the status of the iien of the insured moiq-aoe or of the title to the estate 0r interest covered hereby or any actio-n a-sset'nq sucn clatm. sl'all be resrricted t0 the provislons and conditions and st pulations of thrs policy. N0 amendment 0l 0r endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vce President, the Secretary an Assistant Secre- tary or validating ofticer or authorized signatory of the Company. 12. Notices. Wnere Sent All notice required to be given to the Company and any stalement in wrrt' inq required to be lurnished the Company shail be addressed t0 lts Home Offrce. Mrnneapolis, Mrrnesota 55401 . Note. Ihis Nhcy valid only if Schedules A and B are attached. removes such defect, lien or iinal determination bv a court of of ail aooeals thereirom, adverse or establishes the title, or the (a) All payments under this policy, except payments made ior costs, attorneys'fees andlexpenses, shall reduce the amount ol the Insurance pro tantoj provided, however such payments, prior to the acquisition of title t0 said estate o|interest as provided in paragraph 2la) of these Conditions and StipulationE. shall not reduce pro tanto the amounl of lhe insurance afforded hereundel except to the extent that such pay- menls reduce the amount of the indebtedness secured by the insured m0rtgage. Payment in full by any person or voluntary satistaction or release of the insured mortgage shall terminate all liability of the Company except as provided in parpgraph Z(al hereo{. 7. Limttationaf Liabiliw No crarm shatl arise or be marnuinqble under this policy (al if the Company, after having received notiNe of an alleged defect, lien or encumbrance insured against hereuirdet bV litigalion or otherwise, mortgage, as insured, as prwided in paragraph 3 hereof; or (c) for liability voluntarily assumed by an insured in settling any claim 0r suit without prior written consent o{ the Company. 6. ReductionafLtabilitv FILE COPY MEMORANDUM TO: Lorelei Donaldson FROM: MaryAnnBesl DATE: November24,2O04 SUBJECT: Vail Plaza Hotel Development Agreement Attached is the original of the subject Development Agreement and the original lnevocable Letter of Credit in the amount of $765, 31 1 .25 which is 125% of public improvements to be made under the Development Agreement. Please place these documents in the fire safe. Judy Camp Greg Hall Afilelt4ll "b@FY VAIL PLAZA HOTEL DEVELOPTIIENT AGREEMENT Iy:."""ll!jT3 l^gIEL DEVELoeMENr AGREEMENr (trris ,Asreemenn) is 3i3" :tfly:-"i ?l th" r$. 1ay ot ni j"-,-u"f -,iob;,'bv "n? L#;"?h'" ;dffii 'o; Yi'LelITi"'f 13T9Tll'ojrvo'o?iffi E#tinil&l"i6ffi;:,Hil;ffi J;the State of Cotorado Oe "fowntJ inJ Daymer Corporation N.V., aColonado corporation, ltnd "Oevetopei;. RECITALS: A' The Developer is fie ornerof cerfin rear property in the Town, commonry known asthe vair viilage Inn whicfi. i: l-o""t"d in speciar Deveropment District No. 6, phase rv,legally described on Exhibit A attached tiereto 6te'piopJrtvf.-b"vetoper intends toredevelop the Property to anorr for the consEuction of the vail plaza Hotel. Thatredevelopment is refened to herein as the.vair plaza Hoter ero;ei;- B' Thg Town, through its appropriate boards and reviewing agencies has approvedredevelopment plans to allow for the construction of the vaiipb; iotel eropct on theProperty (the VpH Approvals"). C' Pursuant to the VPH^apFovals, the Developer has agreed to provide for certain public ir.nqrryepents (the "l1bl!c rmprovements") as set out in the vpH Approvars, Torrrrn ofvail ordinance No- 16, serrei zoo+, ano !s more specificaily describecr and definedherein. NoW THERFoRE, in cnnsideration of the above premises and the mutual covenants andagreements set forth herein the parties agree as fbllows: The parties !"r"Otlmprovements as part of the vail plaia Hotel Fri"o subject to the terms belory: 1. (a) Easr Meadow Drive Light sfandards: The Deveroper shail provide six (6) new Ight.:lalda.ldg arong East Meador Drive. The rig'nt stanJJrd. .n"rt"n" tnor"specified within the Ea-st Meadow str-eetscape pran with "no*d;or -iypicar,, accessories and features neoessary for normar functioning of me rlxture. rnestiandarcls shall be delivered to a mutually agreeable location within the town inthe rnanufacture/s original packaging oi initatteo in a good anJ wo*manrxemanner shourd the infrastruclure noted below-be instailid ov in" ro*n prior tothe Vail ptaza Hotelreceiving a Certificate orO"cup"n"v.-S-tiil;i;;ses andconnections, ramps, and erec*rical infrastructure'inouiing out notli*it"o topower and switching shail.be the responsibirity of the iown."ln'aooition,Maintenance andiori+.ramping or the silno"ior shall arso be the responsibirityof the Town. ro) c/oss/oads (south Frcntage Road) sidewark: The Deveroperagrees to furnishall materiars and rabor for instailation or a ner,v, six foot wicr'e, noi-n"ateo, g.ay,concrete sidewark with.attached gray, concrete curb and gutter a" inoicateo indrawing c12 and details A an? 'r, ora*,ing cts oatiJ gtiloa lncruoinsassociated demorition of asphart areas and sulgrade pr"p".tion.'rne Toivnshall provide for the rerocation of infrastruaure, itititrei, ranoscafing'reatures jTIVPH.DIA 3ld/or signage in a_timely mannef to allow for installation of the sidewalk nolater than June 1, 2006- Drainage studies and/or struc{ures, "uro "ut, *nnassociated drainage pans shaf be the responsibility of the Developer.Engineere_d support or.retaining structures, anabr guardraiG snan o" tneresponsibility of the provided by the Torvn. The oevetoier str"ril" ,""pon"ior"for reparl or repracement.of.existing tandscape features ; 'ni;"ti;; systems :To]:d or. daqgse!. within the right of way during "onsti.rAlon of thisrmprovement- shourd the adjacent "crossroads oi vait condominiums"property re@ive a building permit for redevelopment of more nan irtty percentof the totat site area prior io rre receipt oia ceitincate or-frrp"*v'bv the vailPlaza Hoter, the Devetoper shar not be ooiigatea to provicJ iiry j6rtion or tnisirnprovement. (c) vail wllage tnn phle Iil.(south Frcntage Road) sidewark: The Deveroperagrees to fumish ail materiars and rabor for instailition of a new, sxioot wice, lgatgd, gqryrete paver sider,rralk as indicated in drawing Ca';i detail D,drawing c15 dated 9/1/o4 incruding associiteo demorition-ofi"nos&pe "r"",and sutsgrade preparation. The Jnor'melt system shail be provided with asepamte manifold for zones located within the right of way in iccoroance withdrawing 1v16.1. The . Developer strail eiercise reasonable care in theconstruction of this improvement and shail oe responiibie ror'repair orreplacement of existing.iniga-tton systems removed or damaged within the right 9f w_ay during conslru&ion or this improvement, and shail aiso be rJsponsibrefor the placement oJ certain tandscape features as set forth in the subjectlandscape plan for this anea as approved by the Town. (d) Gatevtay (south Frcntage Road) sidewatk: The Deveroper agrees to tumish arlmaterials and rabor for instailation of a nevv, six foot *i0",'treateo, concretepaver sidewark as indicated.in.drarying c11 and detair D, dra,lngtrs oateo9/1/04 including associated demoritio-n of randscape areas and sub4radepreparation. The snorrm.elt system shall be provided'*m " ""p"[tJ manifoldfor zones tocated wtt11n mg.ri.snt of way in aqcordance *'n oriwtng [,16.1. TheDeveloper reserves the righf to mooi?y tne atignment of the ,ic'"*ak to "mytually agreeabre rocation in order io avoidsignmcant-natrrar'features,utilities or infrastrrct.rrg. .Th9 Developer shail be responsibre for repair orreplacement of existing.inigation systems removed or damaged within the right 9f tmy during construction 9t ttris improvement, and shail jtso be responsiolefor the placement of certain randscape features as set forth in the subjecrlandscape plan for this area es approved Oy tfre fonn. (e) south Frcntage Road Median: The Deveroper agrees to fumish ail materiarsand labor for instaffation of a 1ew, lirteen (appryximate) foot wide, randscapedmedian as indicated in drawings ctr, odtiii D, crrawing cri-"no'L+ o"t"a Zlly'incruding associated deinorilioi of existiirg p"u"i ano ,"Ji* "r"ar.The Deveroper shail provide an operabre inigatioi ivrt"r, "*pt"6ie to tneTorrn, for.ail randscape areas in abordance with drawing F2. concrete curb,gufter and apron details and materials shall match existin!. 0 !wt1 Frcntage Road .(.Vai!. ptaa Hotet) Sidewatk/Landscaping: TheDeveloper agrees to fumiih alr materiars and'labor tor instailationoia'new, sixfoot wide, heated, concrete paver sidewali, oetactreo eurb ano gutter, neateo lmmVPH.DlA drive including new drainage pan and apron and landscape improvements andinigation system as indicated in drarruings cl1, L-4 and L2 as well as details asindicated in drawing cls dated 9/1/04 including associaieo oemoliton otlandscape areas and subgrade preparation. Ti'e snowmett and inigation sv,1t9m shall be provided with a separaie manifolds or valves for zones tocatedwithin the right of.way..The Deveroper reserves the right to modify thealignment of the sidenralk to avoid iignificant natural fe.'atures, utitities orinfrastructure. Additionally, - the Dev-eloper shall provide ianoscapingimprovements induding inigation as indicated in drawings t--+ ano i-2. (g) south lnntage Roa! sform Dninage rmprcvenents.- The Developer agreesto provide storm drainage improvembnts located on the south rrontage Roadlimited to one na^, curb inlei located to the west of the proposed (existing)driveway, one new curb inret rocated to the east of ttre proiosec (existing)driveway, one new inreilocated on the North side of the priposed median and "l-18- 5_qP tying tle two proposed inrets as \,ve[ as ttre-e, bup ]ocated northof-Vail Village lnn phase Iit ano one raterat 1g" ncp connealng ih* p.por"o infrastructure to the existing curb inlet located east of the lnterske on-ramp atthe north side of the soutfr Frontage Road. The parties herett "d" that for nmlses of bonding for this improvement, as discussed berow, itre varue ofthis improvement shall be estimaied at $56.500. (h) vail Road sidewatktLand*aping rmprcvements; The Deveroper agrees tofumish all materials and labor foiinstallation of a new, heated, concrete paversidewalk, detached curb and gutter, neru asphart tum rin" "no sirifing, neateddrive including new drainage pan and apron and randscape impio,ienients anoirigation system as indicated in drawinls c9, L-3 and l-i as well as details asin{igte{ in. drawing c15 dated g/1/d4 incruding associated demorition ofexisting landscape, asphalt areas and sub-gradelreparation. Thi snowmeltand inigation system shall be provided with i sepaiate manifolds or varves forzones located within qg lgh! of way. tn addition, the Developer agrees tofurnish all materials and labor for installation of a new pan ano mnoete gufteradjacent to the Gateway entry. The parties hereby agree tnat ror purposes otbonding for this improvement, as discusseo betow, the vaiue of thisimprovement shall be estimated at $37,12g. (i) vail Road stom Dninage Imprcrcnrent: The Deveroper agrees ro fumish arlmaterials and labor for installation of storm drainage improvlments tocateo onvaif Road limited to relocation and connection wifn a24- ccp to the existingstorm sewer system at East Meadow Drive of one nevv curb inreilocated to thenorth of the proposed drivaray as indicated on sheet c9 and detaired on sheetc16 dated 9t1t04. (i) East Meadow Drive sidewalk lmprcvenents; The Developer agrees to fumishall materials and rabor for instalration of new, heated, ionoJt" pavers and 9r."_"Jt""p" improvements as indicated in drawings is ano L-3'ai weil asdetails as indicated. in. drawing c15 dated g/t04 inJuaing associateodemolition of existing randscape, isphalt areas and subgrade preiaration. rnesnowmelt system shall be provided with a separate manifolds or valves forzones located within this area. In addition, tne bevetopei "gi"""io iumisn attmaterials and labor for instalration of four (4) new rgnt staioards arong East jrnmWH.DlA Meadow Drive. The light standards shall be those specified within the East Meadow Streetscape Plan with 'normal" or "typical" accessories and features neoessary for normal functioning of the fixture. The Developer agrees toprovide installation, structural bases and connec{ions, lamps, and conneclion to the Town's electrical Maintenance andor re-lamping of the standards shall alsobe the responsibility of the Town. Storm Orainage lmprovements includinginlets and/or drainage piping shall be the responsiUnity df fte Developer. Th6Developer shall exercise reasonable cari in the construction of thisimprovement and shall be responsible for repair or replacement of existinglandscape.features or inigation systems removed or damaged within the rigtit of way during construction of this improvement. (k) East Meadow Drirrc Aft in pufiic plaes: The Developer agre€s to contribute aon+time payment of $35,000 to the East Meadow Drive Art in public places Archway Project or another approved project. Shourd the Town fair tocommence witlt the design and constructi6n 6f tlre project within one year ofthe date of a Temporary Certificate of Occupancy foi ttie Vail plaza Hdtel, 91; one time payment of $35,000 shall be refunded t6 the Developer. ? . Bondino For Pubtic lr.nprovementg. The parties hereby acknowledge and agree that abond or leter of credit must Oe pos{eO for 125do of tre total estimated amount for each of thePublic lmprovements listed above (as set forth in the attached Exhibit Bt: with the exception ofthe on+'time contribution to the Art in Public Places tuno, wtiicn witt 6e fully funded prior todelivery of the building permit. 3. .Ref.grenges Io cong!rucfion Drawinq Dates. Any and arr references to specificconstrurtion drawings and/o1 q" .d"t" or septernoer 1,'2a04, may be modified only ""approved by the Town through the building perinit procesi ror tni vaii ptaza Hotet proje;t. ra conflic;t arises between any construction Orawlngi referenced herein and rhose approved aspart of. the buiHing permit for this project, the parties agree that the building permit'plans shallcontrol. 4' . Cet:tif,cqt-e Of,Comoliance. lt.is agreed that upon completion of all improvementscontemplated by this Agreement and upon the expiration of the warranty perioo as definedherein, the Torrn shall, upon the requesi of the Developer, exeqrte a certificate stating that allimprovements have been cor]structed in compliance'wit'h thi$ Agreement. said certificateshall not be unreasonably withhelct if the Deveioper has completel tne public lmprovementsin a good and workmanlike manner, and consistent with VPH Approvals and plans furtherapproved by the Town. I .^-93!q-?:udop"l tlall wanant any and all Public lmprovements forwhich Devetoperls responslble ror a period of two (2) years from date of completion and acceptance ny ineToyl. . Specifically, Developer shafu wlnant that any and all physical improvements or otherpublic- benefits required by the this Agreement vvtriih are conu,iv"o, J"ficated or othenrvisedone for the benefit of the public shall be free from any defects in maierials and workrnanship,and free from any security interest, monetiary lien or oiher encumbrance. 6' LiaFilitY.pf Successors. The provisions hereof touch and concem and run with theownership of the Property. jrnmVPH.DIA 8' Seyer abilitv. ln the event any provision of this Agreement is held to be illegal, invalid orunenforceable under any present or future laws, the fegafity, validig and enforcdability of theremaining provisions in this Agreement shall not be-afr6&ed 6r"by, and in lieu of the 3ffected provision there shall be deemed added to this Agreement a su'bstitute provision thatis legal, valid and enforceable and that is as similar as-possible in content to the affectedprovision' - lt is-generalv. i11en99.o !v tre parties that this Agreement and its separateprovisions be enforceable to the fullest -erctent permited by law. 9' Frfiibits. All Exhibits to this Agreement, ufrich are referenced by the provisions hereofas being attacfred hereto are deemed incorporated herein by this reference and made a parthereof. 10- E[tlre.Aoreement. This Agreement and the other contracts or agreements specificallyl!f""g to herein represent the entire agreement between the parties-hereto with respect tothe subject matter hereof,. and all frior or extrinsic agreements, understandings ornegotiations shall be deemed merged hdrein. 11 . Ruteg of construdion. The headings, which appear in this Agreement, are for purposesof convenience and reference and are not in any sense to be c6n$rued as mooifyirig tneparagraphs in which they appear. Each party hereio acknowleOges th;t it nas had full and fairopportunity to review, make comment upon, and negotiate thiterms and provisions of thisAgreement, and if there arise.any. amoiguities iri the provisioni nereor or any othercircumstances which necessitate juoicial intebretation of sudh prouisionJ, the parties rirutualtyagree that the provisions shall not be construed against the orifting p"rty, ano *aive any ruleof law which would othenrvise require interpretation or construction llainit the interests of the lrajting par$. Referen'ns herein to the singular shall include tne pru-,,ar, ano to the plural sha1include-the singular, and any reference to a-ny one gender shall be oeemeo to indude and beapplicable to all genders. The titles of the piragrafns in mis Rgr""r"ni are for convenience 9l t"r*ryry" only and are not intended in any iay to define, limit or prescribe the scope orintent of this Agreement. 12' Effec{ive Date- The effective date of this Agreement shall be the date upon which thisAgreement has been executed and delivered by the Developer and so executed by the TownManager. 13: Waivets and Amendments. No provision of this Agreement may be waived to any extentunless and except to the extent the waiver is specifiially set fortn in a written instrumentexecuted by the party to be b,ound thereby. t'to m6oificatioir oramendment to thisAgreementshall have any force or effect unless embodied in an am"ncatory or otn", agreementexecuted by the Developer and tte Town. 14- Qoveming l-aw and V-qnue. This Agreement shall be govemed by and construed inaccordance with the tavtrs of the State of Colorado, anct EagljCountv, Coro1goo shall be thevenue for any dispute arising under this Agreement. 15.,...Additignal Assurance.s. . Th" parties agree t9. reasonabry cooperate to execute anyadditional documents a1d.t9 tgke any additio-nal action a" mav o"-r.Lionably necessary tocarry out the purposes of this Agreement. jnnVPH.DIA 16. No Third Partv Beneficiary. No third party is intended to or shall be a beneficiary of this Agreement, nor shall any such third party have any rights to enforce this Agreement in any respect. 17. Countemarts. This Agreement may be executed in counterparts, each of which shall constitute an original, and wtrich together shall constihrte one and the same agreement. 18. Recordinq. This Agreement shall be recorded in the real property records for Eagle County, Colorado. 19. No Joint Venture or Partnership. No form of joint venture or partnership exists between the Town and the Developer and nothing contained in this Agreement shall be construed as making the Torn and the Developer joint ventures or pertners. 20. Attomevs' Fees. In the event any legal proceeding arises out of the subject matter of this Agreement and is prosecuted to ftnaljudgmen! the prevailing party shall be entitled to recover from the other all of the prevailing pafiy's costs and expenses incuned in connection therewith, including reasonable attomeys'fees (and the presiding courtwill be bound to make this award). [Balance of pap intentionally left blankl jnrnVPH-DIA THE DEVELOPER: STATE OFCOLORADO - r|, ) ss: CoUNw oF La€U I ]he foregoing inslr 4ara eu . 2oo + He^1,\X1*"V"8*H*" me uis'ffiv of Daymer Corporation N.V., a Colorado Witness my hand and officialseal. DAYIUER CORPOMTION N.V., A ,"\ J.Affir*e jnmVPH.DIA lN wlrNEss WHEREOF, the Torn and the Deveroper have made thisAgreement as of the day, month and year first above written. THE TOWN: TOWN OF VAIL, a municipalcorporation duly organized and existing by virtue of the laws of the State of Colorado By: Name: Tifle:Town Manager STATE OF COLORADO 6fl-e'l4rl i.:'o.. Saoule , ) ss: COUNW OF tfr.qJu*- ) -- \J The foregoing instrumentwas acknorledged before me this Ea"vv* '' davof4tw .2OO?_.by Manager of the Tonrn of Vaii. a mr?991_,by .€fun zevnlAt< asrown ,r va[, a munlopat corporation duly organized and existing by virtue ofthe laws of the State of Colorado. [Signaturc blocks cor*inue on following page]M jrrnVPH.DIA EXHIBITA I,EGII-HRPI|CN Or:r Or<ter No. VTF50$4380 PARCEL I: CONDOMINITJM IJMT I, VIIJ.AGE INN PI.AZA-PHASE IV CONDOMINITJMS, ACCORDING TO THE CONDOMINITJM MAP RECORDED DECEN{8ER 17, 1992, IN BOOK 596 AT PAGE 910, AND AS DEFINED ANDDESCRIBED IN IIIE @NDOMINII,]M DECLARANON RECORDED DECEMBER 17, I9S2 IN BOOK 596 AT PAGE 9{I9, COTJNW OF EAGLE, STATE OF COLOMDO. PARCEL 2: CONDOMINITJM I.JMTS 788 TIIROUCH 7S{ AND 79? TIIROUGH EOs, INCLUSI\1E VILLAGE INN PLAZA, ACCORDING TO THE CONDOMINITIM MAP IIIEREOF RECORDED NOVEMBER T9, T982IN BOOK 319 AT PAGE TT, AND AS DETINED IN T}IE COI.{DOMINIIJM DDCI.ARA'NON RECORDED NOVEMBER T9, 1982 IN BOOK 319 AT PAGE 12, COT,JNTY OF EAGLq STAIE OF COLORADO. PARCEL 3: TIIOSE PORfiONS OF LOTS M, N, AND O, BLOCK 5.D, VAIL VILLAGE, FIRST FIIJNG. ACCORDINC TO THE MAP TIIEREOF RECORDED I,'NDERRECEPTION NO. S6382 TN THE OFFICE OF IlIE EAGI".E COTJNTY, COLORADO, CLERI( AND RECOFIDER (CT"ENK'S RECORDS) DESCRtsED AS FOLLOWS: BBGINNING AT A POINT, ON T}IE NORI]TERLY LINE OF SAID LOT O, lVfiICH IS T1IE NORT}TEAST CORNER OF A PARCEL DESCRIBED IN BOOK Zfl' AT PAGE 558 OF TIIE CI,ERK'S RECORDS, WIIENCE TttE NORIIIWEST COAf.IER OF SAID LOT N BEARS NOnfH 79 DEGREES 46 MINUIES 00 SECONDS WEST 175.00 EEET DXSTANT; THENCE, ALONG SAID NORIIIERLY LINE, SOUffi ?9 DEGREES 16 MINUIES (lO SSCONDS EAITT 178.{0 FEET, TO TTIE NORfiIIIIEST CORNER OP ULI.AGE INN PLAZA, A CO!{DOMINIIJM, ACCORDING TO fiIE MAP T}IEREOF RECORDED lN BOOK 349 AT PAGE u ol TIIE CLERK'S RECOXDS: THENCE, ALoNG TIIE WESTERLY LINE OF SAID VILLAGE INN PLAZA, A CONDOMINIUM, SOUru 09 DEGREES 3{I MINUTES OO SECONDS WEST 37.8T FEET fi) TIIE NORITIEASTERLY CONNER OF CONDOMINII'M IvTAP FOR VILLAGE TNN PLAZA - PIIASE MOI{DOMINIUI.IS, ACCORDING T0 TI{E MAP fl$REOF RECORDED IN IIIE CI.ERK'S RECORDS; TIIENCE, DEPARTITIG SAID WESTERLYI,INE, lHE FOLLOWINGNINE COLJRSES AIONC TIIE NORTIIERLY, EASTERLY AI,fDSOUTHERLYIIMS OF SAID CONDOMINILIM !{AP FOR VIIJ-AGE INN PI*AZA - EIIASE IV : (l) NORTII T9 DEGREES l? MINUIIS ffi SECOIIDS WEST 70.07 FEET; (2) SOIITH 32 DEGREES 56 MINUIES 27 SBCONDS WEST frt.51 FEET: (s) NORTII 7t DEGREES {? MINUIES $ SECONDS WEST 61.{6 FEET; (4) SOUTTT 10 DEGnEES 12 MTNUTES 52 SECONm WEST 69.82 r88T, TO mE NORTHERLY FACE OF AN H(FTING BUILDING; (O SOUTII 79 DECRSES 58 MINUTES 5r sEcoNDS EAST 6.35 FEET, ALONG IIIE NORI'I{ERLY FACE oF SAID EXISTII\IG EUILDING; (6) SOUTH r0 DEGREES Oi MIITUIES 09 SECONDS WPST 6.{1 FEET, ALONG TII:E EASITRLY FACE OF SAID EXISTING BUIIDING: 0) DEFARTING THE EASTERLY FACE OF SAID E)CSTING BIIILDING, SOUTII 79 DEGREES 47 MINUIES {E SECONDS EAST 83.93 FEET; (8) NORTI| 10 DEGREES 12 MINUTES 52 SECONDS EAST 32-s0 SEET; (9) SOUTII 79 DEGREES {7 MINUIES 08 SECONDS EAST 67,05 FEET, TO THE SAID ITIESTERLY LINE OF VILLAGE INN PLAZA, A CONDOMINIUM; TIIENCE IIIE FOLLOWING TIIREE COT RSES ALONG SAID WESTERLYLIM: (1) SOUTH 0s DEGREES 30 MINUIES 00 SECONDS WEST 50.91 FEET; {2) SOUTII 8l} DEGREES Sl MINUIES 00 SECONDS EAST 56.60 FEET; (3) SOUffi 09 DEGREES 30 MINUIES 00 SECONDS WEST 7.46 FEET, TO TTIE NORTIIERLYLINE OF VILLAGE INN PLAZA PIIASES I AI{D tr, ACCORDING TO TITE MAP THEREOF RXCORDED IN BOOK 388 AT PAGE 855 OF THE CIJ.RX'S RECORDS; THENCE THE FOLLOWING FOIJR COURSES ALONG THE NORTHERIY AND WISTERLY EXIIIBIT A IGLCEffiPnCN Our Ordcr No. VTF50004380 LINES oF SAID VII"IAGE INN PLAZA PIIASES I AND tr; (1) N0RTH B0 DEGREES 22 MINUTES 22 SECONDSWEST r25-59FEET; (2) SOU1.II12 DEGREES 32 MINUTES ZI SECONDS WEST 46.01 rrET; {3) SOUTII S2 DEGREES ffi UINUTTS 46 sEcoNDS WEST 49.48 FEET; (1) SOImt l0 DB6I{EES 13 MINUIE5 02 sEcoNDs gEST 53.5r FEET To fiIg NSRffiEAS'IERLY CORNEROF FORFEfiJNE ORREVERTTRCLAUSE AMENDMENT TO CONDOMINITJM MAP OF VILLAGE INN PLAZA - PHASE V CONDOMINIL'IVIS, ACCORDING TO l[IE MAP TIIEREoF RECORDED IN TIIE CLERI('S RECORD$ THENCE THE FOI.I.OWING TIIREE COI'RSES ALONG IIIE NORfiIERLY LINE OI SAID NRST AMENDMETiIT TO CONDOMINITTM MAP OF VILLAGE INN }T,AZA - PIIASE V coNmMINIInrlS: (l) NORIII $ DEGnEES 0? MINUIES 41 SECONDS WEST 1{t0.72 FEET; (2} NORTII0g DEGRtsES 5? I\ffNUITS 16 SECONDS EAST 6.?5 FEET; (3) NORTII s0 DEGREES 02 MINUTES rl SECONDS WEST 52.23 FEET, TO TfiE WESIERLY LINE OF SAID LOT M; TIIENCE NORTTI tXI DEGREES 23 MINUIES M SEOONDS WEST 1{15.?6 FEET, ALONG SAID WESTERLY LINE, TO THB NORTIIWEST CORNER OF SAID LOT M TIIENG' ALONG THE TVEST UNE OF SAID LOT N, NORT}I OO DEGREES 23 MINUIES {N SECONDS 1VEST 50,05 FEET' TO TIIE SOUI}MEST CORI.IER OF SAID PARCEL DESCRIBED IN BOOK ?3{t AT PAGE 556 OF 1IIB CLERI('S RECORDS; THENCB ITIE FOTIOWING TWO COTJRSES ALONG T}IE SOI.NHERLY AT'D EASTERLYLINES OF SAID PARCEL: (0 SOUEI ?9 DEGREES 46 MIMIIES 00 SECOI{DS EAST 14?.36 EEET: (Z) NORIII l0 DEGREES 14 MIMIIES 00 SECONDS EAST u7-43 FEET' TO T}IE POINT OF BEGII{NING, COIJNTY OF EAGLE, STATE OF COLORADO. PARCEL 4: CONDOMINII,,MTJNITS2AND 3, VIIJ.AGEINNY'.AZA. PHASIVCONDOMINIUMS, ACCORDING TO THE CONDOMINIT'M MAP RECONDED DECEMBER T?, T992, IN BOOK 596 AT PAGE 9IO, AND AS DEFINED AND DESCRIBED IN fiIE CONDOMINII,]M DECI.ARA'NON RECORDED DECEMBER T7, 1992 IN BOOK 596 AT PAGE 9OS, COUNIY OF EAGLE, STATE OF COLORADO, EXHIBIT B VAIL PLAZA HOTELDEVEIopMENT rupRovEuetri ncneEMENT VALUE OF puBLtC tn'|pnoveuer_rrs--- Letter of credit at 125o/o of total public improvements shall be $765.31 1.25 Cross roa aE 15. TronE$Ed. ;SidewalkVa.ilVittageh@ Rd) Sidewatk S. Frontage Rd.; Sidewalk S.rronta@ Gateway Storm DEinage vaitRoadS@ Vail Road SaorrnTEhage htDrovemanf E. lm Meadow DtGEidGwatk E.Meadow@ EXHIBIT 8.1 EXHIBIT 8.2o EXHIBIT 8.3 EXHIBIT 8.4 totol€p l>i lctolf Pt>IGl"IGtoIFt<t=l:- l.h uJl ol6l dl #l dl>l FIol r.lJl olEIo-l I I F l[llllII l(a oac:la ujF o oulYo ||,1 o 'gl <lclol NI BEI! ltll =21501z,2ld url 5E6 g I6(, *l €l =ltl FI @lolq ol EI ;t EI-tbl CUot EIol 6l 0-t(l filcli f It c s R €o o o c c o o .E t F E iD- Ef(A c o o 58 J hE d I o 8 I I do I Io I I E ?l o o1 53 F t ln 5 o o 3E 3 b ? Fo 3 E I iil !lo2 ozo .A2ltl Eo Fx|rl i; Ez t a t( !,E UIF .9 e lu E E oo @ o (D e I o Eo o =3 o, "g iI tl I 5o fi =fl Iltt 0l ) 5 o i it 5l f, n I!' c = 5q 3l I J FI Ftuql Iot EXHIBIT 8.5 Il*IUJIFt<t> IF|.tI' I I I f6lotcvt> lc t@l:g Eo EoF trttt u,l i I I_lglol-lclNIclEl dl>l rrlolutl olgt o_l oB a slF 5 oil!lYIol uJiIIol I I I I I I I ol6l 8t*l ol EIol .. Nl FH|+ztoolEZI< utl ca! =.tt !oE l|od col!5 o ? t!*l EIol -lcloltl EIu!<l cl el tl FI EI El EI TI fil =p dc IE E o o 6 g o o c o c o o o 4it58 JF $!t E s t! 6 5 €o o o o -=E H <i 8 I E 6 GI 5 c o o o o €o c c o o =E E t Eo F R 6 F <o fi t9 tolz, IDzI atzlll =o Itrtx[t 3obtzo Ett.qtF€t aa fll il 6E UJF o I ID I = ol F Eeo t d = I ! o. { s 0_ E] 3 ,1 Jl al nl tl 5_ i i I g = E.l o1ol PI J b Futtr-ot EXHIBIT 8.6 EXHIBIT 8.7o EXHIBIT 8.8 EXHIBIT 8.9 i. lrJF =ttl UJ ooGna co5g Et ot- =ul E al .! r! F tll E4 IF $,1lu E n P 6 uJY(,lu o .ga, I IEo rg =zitaYZ<uJ t .Eao E6a EE F * t : E6 : a3Ie s eo 3 E zo El c( 8trlo F iri q E It Iq E I! IE ;t E o c €c c o 6 o c {e o 3 rl 3 E fr l' tl o o €a a I €g a €€c €G €€ IE fI tl <|c 0 €€at=E I I Iq o o rC'o c €€€ E = -r l q .(I Q ,z58 I Et € g c EI 5 o o o o €€o €o €€c C'€€€cl o o c €a 5E 4 I t ,; E E I6 uz 6zt'|l =E Ff $i { a x Hti Q2 l|JF II 3 zttr Ii Et I toil I E t a E 5 II t 5d Gc. il c c' It I 5 o .tIt 8! i 2t E E-I s ! II sct I ia E E ! ET Ea 5 EIt EIB I I -!il I E a t E a II t B 3t2 I! 5t II 2 E !I a t II i: EI 3 PFullu1, CA rrnh Nnr.rrnx.rsMn iryFs os6?9sse08 lvd zgllt '/olz/to/Tl.- EXHIBIT B.1O I I I I I I I I l id lrl k =Eul I I I filal lst9l5ltttttdtol=Iiflq Hl x Et 5 l,totuIEIttl< toIEtot:glE EI:at d9t dal 6ct>et 6 .'$l =H#I E I=HI Ft60t 6 l5frt H i E F 6 ,d a5 E o o o o E t-E P a.I !al a, o o o 58 J F* E ni ai IF 8 t I E <l o 3 s3 6 d 6 I (o Ed II E cip II Eg 5 o o o o o c o 3E E Fo g F E oz 6z uJ tuJ'tFrlXj' rl rl .l tltl )l 1 3^tJzo $ E t ot ut E 5fi rn eo E 3 r!I 3I ; 5 b (n 5 c nt I =i (D g I ! o 6ti E IA .rt ? ,;'lE at o616 3t5 EIE E a t : G E .E .!) E n E s .g 6 n a,) €j ii J F F UJr!!at