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Planning and Environmental Commission
ACTION FORM
Department of Community Development
75 South Frontage Road, Vail, Golorado 81657
tel: 970.479.2139 fax: 970.479.2452
web: www,ci,vail.co,us
Project Name: Antler's Lodge Time.shares PEC Number: PEC020035
Project Description:
@nditional Use Permit for quarter shares for fractional fee sales for remaining seven
condominiums.
Participants:
OWNER ANTLERSCONDOASSOC 0612412002Phone:945-5366
680 UONSHEAD PL
VAIL, CO
81657
License:
APPLICANIT Robert Levine, GM 0612412002 Phone:476-247I
Antlers
580 W. Lionshead Place
Vail. @ 81657
License:
ProiedAddress: 680 UONSHEAD PLVAIL Location:
Legal DescripUon: Loh 3 Block l Subdivision: Vail Lionshead 3rd
ParcelNumber: 210107206000
Comments: SeeConditions
BOARD/STAFF ACTION
Motion By: Doug Cahill Action: APPROVED
. Second By: Rollie Kjesbo
Vote: 6-1 DateofApprovalz Q712212002
Conditions:
Cond: I
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond; CON0005zl44
That the AnUers Condominium Association meets the'Time-share Units Disclosure
Requirements" outlined in Chapter 4, Section 4, Article A, of the Vail Town Code,
prior to the marketing of the time-share units.
Cond: CON0005445
That the Antlers Condominium Associaton provides the Town of Vail @mmunity
Development Department with copies of deeds for the units sold as time-share units
within 10 days of the real estate transaction for each respective time-share unit.
Cond: CON0005445
That the Antlers Condominium Association continues to manage the project with an
o
on-site fiont desk operdng tv'Jenty-four (24) hours a day-, set/en (7) days a week,
provHlng rcservatlon and reglsbaton capabilities, so long as Ume-share uniB
Pranner: [J^rrcn A-phtl
e<ist in the bulHlng.
EnVy: Oil2212@2 By: PEC Arffon: @ND
PEG Fee Pald: $650.00
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Conditional Use Permit
Floodplain Modification
Minor Exterior Alteration
Major Exterior Alteration
Development Plan
Amendment to a Development Plan
Zoning Code Amendment
Variance
Sign Variance
$6s0
$800
$1s00
$2s0
$1300
$s00
$200
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Application for Review by the q7q . 1-,tLt5. ffi14Planning and Environmental Commission
Department of Community Development
75 South Frontage Road, Vail, Colorddo 81657
tel: 97O.479.2L39 f ax:. 970.479.2452
. web: www.ci.vail.co.us
General Information:
All p@ects requiring Planning and Environmental Commission review must receive approval prior to submitting a
building permit application. Please refer to the submittal requirements for the particular approval that is requested.
An application for Planning and Environmental Commission review cannot be accepted until all required information
is received by the Community Development Department. The project may also need to be reviewed by the Town
Council and/or the Design Review Board.
Type of Application and
Rezoning
Major Subdivision
Minor Subdivision
Exemption Plat
Minor Amendment to an SDD
New Special Development District
Major Amendment to an SDD
Major Amendment to an SDD
(no exterior modifiations)
$1300
$1500
$6s0
$6s0
$1000
$6000
$6000
$12s0
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Description of the Request:frclen.,t+- Fvt sfn;I, - gP€ctFt.-il-f
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Location of the Proposaf : Lot: 3 Block: / Subdivision: L ropt M4 -tlh< A h c '-t L--
Physical Address:
parcef No.: Ltolo ?zobooo (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)
Name(s) of Owner(s):
Mailing Address: G0o d.P..
Owner(s) Signature(s):
6 tt-s 7
Phone:'t-t--o. "t7C -zf tl
Name of Applicant:
Mailing Address:SAE
E-maif Address: RoA@
Phone:
Fax
9l-te-
For Office
Fee Paid:
Application
Planner:
IVEB
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Pas.e I of 5-01/18/02
t r/4/L . cD 7+4-t"rt-.
c. The effect of the use on light and air, distribution of population, ffansportation facilities,
utilities, schools, parks and recreation facilities, and other public facilities and public facilities -
needs.
d. The effect upon traffic, with particular reference to congestion, automotive and pedestrian
safety and convenience, traffic flow and control, access, maneuverability, and removal of
snow from the streets and parking area.
e. The effect upon the character of the area in which the proposed use is to be located,
including the scale and bulk of the proposed use in relation to surrounding uses.
Existing and Proposed Site and Grading Plans (Four complete sets of plans).
Existing and Proposed Architectural Elevations (Four complete sets of plans).
(9./ Existing and Proposed Architectural Floor Plans (Four complete sets of plans).
te m plans must atso be submitted in 8.5" x ll" reduced format. These are required for the
Planning and Environmental Commission members' information packets.
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.
Conditional Use Permit
Subm ittal Requirements
GENERAL INFORMATION
A conditional use permit is required for any use classified as being "conditional" in any of the Town's zone
districts. All applications for conditional use permiG are reviewed by the Planning and Environmental
Commission. Uses listed as conditional uses in the various districts may be permitted subject to such
conditions and limitations as the Town may prescribe to ensure that the location and operation of the
conditional uses will be in accordance with development objectives of the Town and will not be
detrimental to other uses or properties,
I. SUBMITTALREOUIREMENTS
fr)reez $650.00 There is no fee required for conditional use permits for Employee Housing Units
-. (EHU'S), however, Design Review fees are required.
(Q StampeA, addressed envetopes and a list of the propefi owners adjacent to the subject
property, including properties behind and across streets. The list of property owners shall include
the owners'name(s), corresponding mailing address, and the physical address and legal description
of the property owned by each. The applicant is responsible for correct names and mailing addresses.
This information is available from the Eagle County Assessor's office.
@ ritf. Repo4 including Schedules A & B.
lpwritten approval fror u .oj9gg,in!ryg!g!g1,.landlord, and joint owner, if applicable.
@ I written statement addressing the following:
a. Describe the precise nature of the proposed use and measures proposed to make the use '
compatible with other propefties in the vicinity.
b. The relationship and impact of the use on development objectives of the Town.
Paee 3 of 5-0 1/ 1 8/02
II, DETAILEDSUBMITTALREOUIREMENTS
Site and Grading Plan:
g Scale of 1"=20'or larger
F Property and setback lines
'e Existing and proposed easements
Q Existing and proposed grades
fl Existing and proposed layout of buildings and other structures including decks, patios, fences and
I walls. Indicate the foundation with a dashed line and the roof edge with a solid line.
fl 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.
{ Proposed driveways, including percent slope and spot elevations at the property line, garage slab and
\ as necessary along the centerline of the driveway to accurately reflect grade.
a / A 4' wide unheated concrete pan at the edge of asphalt for driveways that exit the street in an uphill, direction.
{ Locations of all utilities including existing sources and proposed service lines from sources to the
J structures.q Proposed surface drainage on and off-site.b Location of landscaoed areas.
a) Location of limits oi disturbance fencing
F Location of all required parking spaces
F Snow storage areas.p Proposed dumpster location and detail of dumpster enclosure.b 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 behveen 4' and 6'feet in height.
\ Delineate areas to be phased and appropriate timing, if applicable
I Floor Plans:
Scale of 1/8" = 1'or larger; 1/4" is preferred '
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-lined" indicating how the gross residential floor area (GRFA) was
calculated. See Tltle 12, Chapter 15 - Gross Residential Floor Area for regulations.
Provide dimensions of all roof eaves and overhangs.
Architectural Elevations:
Scale of U8" = 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 shall 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 exterior lighting 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 survey.
Paee 4 of 5-01/ l8/02
Exterior color and material samples shall be submifted to staff and presented at the Design Review
Board meeting.
PRE-APPLTCATION 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 applicant's responsibility to make an appointment with the staff
to determine submittal reouirements.
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 minimum of four (4)
weeks prior to the date of the PEC public hearing.
All PEC approved conditional use permits shall lapse if construction is not commenced within one year of
the date of approval and diligently pursued to completion, or if the use for which the approval is granted
is not commenced within one year,
ADDITIONAL REVIEW
A. If this application requires 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.
B. The applicant shall be responsible for paying any publishing fees which are in excess of 500/o 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.
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 forwarded
to the Town by the applicant at the time of filing an application. Expenses incurred by the Town in
excess of the amount forwarded 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 nole thal only complete applicalions will be accepled. All of the required information must be
submitled in orderfor the application to he deemed complele.
Paee 5 of 5-01/18/02
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Community Development Department
July 22,2002
A request for a conditional use permit to allow lor time share units on the
first floor of a building or above per Section 12-7H-3C, located al the
Antlers Condominiums, localed at 680 West Lionshead Place/Lot 3, Block
1, Lionshead 3d Filing.
Applicant: Antlers Condominium Association, represented by Rob
Levine'- Planner: George RutherMarren'Uimpbell
il.
SUMMARY
The Antlers Condominiums are located in the Lionshead Mixed Use 1 Zone District. The
Antlers Condominium Association is requesting a conditional use permit to allow time
share units on the first floor and above per Section 12-7H-3C of the Vail Town Code.
Staff is recommending approval of the request as it furthers the goals of the Town's
development objectives, has no measurable negative affect on traffic flow, parking,
Town services, or on the public health and safety as outlined in Section Vlll of this
memorandum.
DESCRIPTION OF THE REQUEST
The Antlers Condominium Association is requesting a conditional use permit to allow for
six time-share units on the first floor or above levels of the buibing (units 318, 321 , 417 ,
418, 420, and 520). The Antlers Condominiums are localed al 680 West Lionshead
Place/Lot 3, Block 1, Lionshead 3'o Filing. This request is the result of lhe desire to
market six of the new units conslructed as quarter share time-share units. Purchasers
would be entitled to '13 weeks of usage and would be encouraged to make their
condominium available for short-term rental during periods of non-usage. Short-lerm
rental of the units would be managed through the Association's existing reservations
program.
The Antler's Condominium Association has recently completed the Antler's 2000
redevelopment project. The redevelopment project undertaken by the association
incf uded, among other things, the construction ot 22 new residenlial condominium units.
The 22 new condominiums units are in addition to the 70 units previously exisling on the
property. The associalion is currently in the process of selling the new condominiums.
To date. 16 of the new condominiums have been sold and six of the new condominiums
remain available for purchase. The association has recently inquired and received a
determination from the Town of Vail Community Development Department about their
ability to sell each of the remaining condominium units in % divided shares. The
Associalion with this request is asking to sell the remaining six condominiums units to up
ilt.
to four owners each. Ol the six units two are localed on the first floor, three on the
second, and one on the third floor. The total GRFA of the six units is 8,166 square feet.
BACKGROUND
On June 24,2002lhe Planning and Environmental Commission reviewed and approved
a request by the Antlers Condominium Associalion to permit the sale of quarter share
time shares.
On June 14, 1999 the Planning and Environmental Commission reviewed and approved
a major exterior alteration and the addition of several condo units and EHUs.
ROLES OFTHE REVIEWING BOARDS
Plannino and Environmental Commission: The Planning and Environmental
f^---:^^:,,- l^ ,--^^-^iAr- t^- ^t'-1...-l:e,-. rl!r.. ^..t\-r;r.'^-,.t..-... ^.,.--.;r ^^^l;^^.i-* t^-,lJVr l rt I tlp.>tV, t tO I WJPV| tJtutE- twt I vaJ,lU</arl tgi alilO gVi 'UlatVl ltJt uou Pvi I t tIr APP|t62a;!t t tVt.
1. Relationship and impact of the use on development objectives of the Town.
2. Effect of the use on light and air, distribution of population, transportation
facilities, utilities, schools, parks and recreation facilities, and other public
facilities and public facilities needs.
3. Effect upon traffic, with parlicular reference to congestion, automotive and
pedestrian safety and convenience, traffic llow and control, access,
maneuverability, and removal of snow from the streels and parking areas.4. Effect upon the character of lhe area in which the proposed use is to be located,
including the scale and bulk of the proposed use in relation to surrounding uses.
5. Such other factors and criteria as the Commission deems applicable to the
proposed use.
6. The environmental impact report concerning the proposed use, if an
environmenlal impact report is required by Chapter 12 of the Vail Town Code.
7. Conformance with development standards of zone district.
Desian Review Board: The Design Review Board is responsible for evaluating the
Design Review application for:
1. Architectural compatibility with other structures, the land and surroundings.
2. Fitting buildings into landscape.
3. Configuration of building and grading of a site which respects the topography.4. Removal/Preservation of trees and native vegetalion.
5. Adequate provision for snow slorage on-sile.
6. Acceptabilily of building materials and colors.
7. Acceptability of roof elements, eaves, overhangs, and olher building forms.
8. Provision of landscape and drainage.
9. Provision of fencing, walls, and accessory structures.
10. Circulalion and access to a site including parking, and site dislances.
11. Location and design of satellite dishes.
12. Provision ol outdoor lighting.
13. The design of parks.
APPLICABLE PLANNING DOCUMENTS
v.
v.
The review crileria for a request of this nalure are established by the Vail Town Code.
The Antlers Condominium Association is requesting a conditional use permit under the
Lionshead Mixed Use 1 Zone District Seclion 12-7H-3C of the Vail Town Code.
Therefore, this proposal is subject to the issuance of a conditional use permit in
accordance with the provisions of Title 12, Chapler 16, Vail Town Code. For the
Planning and Environmenlal Commission's reference, Section 12-16-1 , of the Vail Town
Code, identifies the purpose for a conditional use permit as follows:
ln order to provide the flexibility necessary to achieve the objectives of this title,
specified uses are permitted in cerlain districts subject to the granting of a
conditional use permit. Because of their unusual or special characteristics,
conditional uses require review so that they may be located properly with respect
to the purposes of this title and with respect to their effects on surrounding
properties. The review process prescribed in this chapter is intended to assure
compatibility and harmonious development beWeen conditional uses and
surrounding properties in the Town at large. Uses ligted as mnditional uses in
ihit various districts may be permiitted subject to such conditioits and limitations
as the Town may prescribe to insure that the location and operation of the
conditional uses will be in accordance with the development objectives of the
Town and will not be detrimental to other uses or properties. Where conditions
cannot be devised, to achieve these objectives, applications for conditional use
permits shall be denied.
This request is also governed by the provisions of Article H, Section 12-7H-1, Lionshead
Mixed Use 1 Zone District. The requesl for a condilional use permil lo allow for time-
shares on the first floor and above deals specifically with Section 12-7H-3C which
provides for "Lodges and accommodation units" on the first floor as a conditional use.
ARTTCLE H. LTONSHEAD MTXED USE 1 (LMU-I) DISTB\CT
l2-7H-1: PURPOSE:
The Lionshead Mixed Use 1 District is intended to provide sites for a mixture of
multiplelamily dwellings, lodges, hotels, fractionalfee clubs, time shares, lodge
dwelling units, restaurants, offices, skier seruices, and commercial
establishments in a clustered, unified development. Lionshead Mixed Use 1
District, in accordance with the Lionshead Redevelopment Master Plan, is
intended to ensure adequate light, ah, open space and other amenities
appropriate to the permitted types of buildings and uses and to maintain the
desirable qualities of the District by establishing appropriate site development
standards. This District is meant to enaurage and provide incentives for
redevelopment in accordance with the Lionshead Redevelopment Master Plan.
This Zone District was specifically developed to provide incentives for properties
to redevelop. The ultimate goal of these incentives is to create an economically
vibrant lodging, housing, and commercial core area. The incentives in this Zone
District include increases in allowable gross residential floor area, building height,
and density over the previously established zoning in the Lionshead
Redevelopment Master Plan study area. The primary goal of the incentives is to
create economic conditions favorable to inducing private redevelopment
consistent with the Lionshead Redevelopment Master Plan. Additionally, the
incentives are created to help finance public oft-site improventents adjacent to
redevelopment projects. With any development/redevelopment proposal taking
advantage of the incentives created herein, the following amenities will be
evaluated: streetscape improvements, pedestrian/bicycle access, public plaza
redevelopment, public art, roadway improvements, and similar improvements.
(ord.3(lese) S 1)
12-7H-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN
LEVEL:A. Definition: The "basement" or "garden level" shall be defined as that floor
of a building that is entirely or substantially below grade.
B. Permitted Uses: The following uses sha// be permitted in basement or
garden levels within a structure:
Banks and financial institutions.
Commercial ski storage.
Eating and dri nking establishme nts.
?ersona! se, "-ices a;d ;cpair shops. -
Prafessianal affices, business offices and studios.
Public or pivate lockers and storage.
' Recreation facilities.
Retai I establ i sh m e nts.
Skier ticketing, ski school, skier seruices, and daycare.
Travel agencies.
Additional uses determined to be similar to permitted uses described in this
subsection, in accordance with the provisions of Section 12-3-4 of this Title.
C. Conditional Uses: The following uses shall be permitted in basement or
garden levels within a structure, subject to issuance of a conditional use prmit in
accordance with the provisions of Chapter 16 of this Title:
Conference facilities and meeting rooms.
Liquor stores.
Lodges and accommodation units.
Major arcade.
Multiple-family residential dwelling units, time-share units, fractional fee clubs,
lodge dwelling units, and employee housing units (Type lll (EHU) as provided in
Chapter 13 of this Title).
Radio, TV stores, and repair shops.
Theaters.
Additional uses determined to be similar to mnditional uses described in this
subsection, in accordance with the provisions of Section 12-3-4 of this Title. (Ord.
6(2000) $ 2: Ord. s(le99) I 1)
12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET
LEVEL:
A. Detinition: The "first floor" or "street level" shall be defined as that floor of
the building that is located at grade or street level along a pedestrianway.
B. Permitted Uses: The following uses sha// be permitted on the first floor or
street level within a structure:
Banks, with walk-up teller facilities.
E ali ng and dr i nking establish me n Is.
Recreation facilities.
Retail stores and establishments.
Skier ticketing, ski school, skier services, and daycare.
Travel agencies.
Additional uses determined to be similar to permitted uses described in this
subsection, in accordance with the provisions of Section 12-3-4 of this Title.
C. ConditionalUses.' Ihe following uses shall be permitted on the first floor
or street level floor within a structure, subject to issuance of a conditional use
permit in accordance with the provisions of Chapter 16 of this Title:
Barbershops, beauty shops and beauty parlors.
Conference facilities and meeting rooms.
Financial institutions, other than banks.
Liquor stores.
Lodges and accommodation units.
Multipte-family residential dwelling units, time-share units, fractional fee
clubs, lodge dwelling units, and employee housing units (Type III (EHU) as
provided in chaptei 13 ot this Title).
Badio, TV stores, and repair shops.'Additional uses determined to be similar to conditional uses described in this
subsection, in acardane with the provisions of Section 12'3-4 of this Title. (Ord.
6(2000) $ 2: Ord.3(1999) S 1)
12-7H-4: PERMITTED AND CONDTTTONAL USES; SECOND FLOOR AND
ABOVE:A. Permitted Uses; Exception: The following uses shall be permitted on
those floors above the first floor within a structure:
Lodges and arcommodation units.
Multiple-family residential dwelling units, time-share units, fractional fee clubs,
lodge dwelling units, and employee housing units (Type lll (EHU) as provided in
Chapter 13 otthis Title).
Additional uses determined to be similar to permifted uses described in this
subsection, in accordance with the provisions of Section 12-3-4 of this Title.
B. Conditional Uses: The following uses shall be permifted on second floors
and higher above grade, subject to the issuance of a conditional use permit in
accordance with the provisions of Chapter 16 of this Title:
Banks and financial institutions.
Conference facilities and meeting rooms.
Eating and drinking establishments.
Liquor stores.
Personal seruices and repair shops.
P rofessional offices, bu si ness offibes and stu d ios.
Radio, TV stores, and repair shops.
Fl e cre ati o n f aci I it i e s.
Retail establishments.
Skier ticketing, ski school, skier services, and daycare.
Theaters.
Time-share units and fractional fee clubs.
Additional uses determined to be similar to condilional uses described in this
subsection, in accordance with the provisions of Seclion 12-3'4 of this Title. (Ord.
6(2000) $ 2: Ord. 3(1999) S 1)
12-7H-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OF A
BU|LD\NG OR OUTSTDE OF A BU|LD\NG):
The following conditional uses sha// be permitted, subject to issuance of a
conditional use permit in accordance with the provisions of Chapter 16 of this
Title:
Bed and breakfast as further regulated by Section 1 2-14-l I of this Title.
Brew pubs.
Coi n-operated laundries.
Commercial storage.
Private outdoor recreation facilities, as a primary use.
Public buildings, grounds, and facilities.
Public or private parking lots.
Public pa* and recreation facilities.
Public utility and public seruice uses.
.1t-: l:4- --J t-.-.-\.rn, ,titO Al tV avrto.
Televisian staiions.
Additional uses determined to be similar to conditional uses described in this
subsection, in accordance with the provisions of Section 12-3-4 of this Title. (Ord.
3(leee) s 1)
1 2 - 7 H - 6 : AC CESSOFY USES;
The following accessory uses shallbe permitted in the Lionshead Mixed Use 1
District:
Home orcupations, subject to issuance of a home occupation prmit in
accordance with the provisions of Section 1 2-14-12 of this Title.
Loading and delivery and parking facilities customarily incidental and accessory
to permitted and conditional uses.
Minor arcade.
Offices, lobbies, laundry, and other facilities customarily incidental and accessory
to hotels, lodges, and multiple-family uses.
Outdoor dining areas operated in conjunction with permifted eating and drinking
establishments.
Swimming pools, tennis courts, patios or other recreation facilities customarily
incidental to permitted residential or lodge uses.
Other uses customarily incidental and accessory to permitted or conditional uses,
and necessary for the operation thereof . (Ord. 3(1999) I 1)
The Vail Town Code defines several words which aid in the interpretation of the request.
Several definitions of importance to this request are:
FRACTIONAL FEE: A tenancy in common interest in improved real property,
including condominiums, created or held by person, partnerships, corporations,
or joint ventures or similar entities, wherein the tenants in common have formerly
arranged by oral or wriften agreement or understanding, either recorded or
unrecorded, allowing for the use and occupancy of the property by one or more
cotenants to the exclusion of one or more cotenants during any period, whether
annually reoccurring or not which is binding upan any assignee or future owner cl
a fracticnal fee interest or if such agreement coniinues io be in any way binding
or efleciive upan any cotenant for lhe saie oi arty ,t",etesl it't ilte prr,petly.
FRACTIONAL FEE CLUB: A fractional fee project in which each condominium
unit, pursuant to recorded project documentation as approved by the Town ol
Vail, has no fewer than six (6) and no more than tvvelve (12) owners per unit and
whose use is established by a reseruation system. Each of the fractional fee club
units are made available for short-term rental in a managed program when not in
use by the club members. The project is managed on-site with a front desk
operating twenty four (24) hours a day, seven (7) days a week providing
reseruation and registration gapabilities. The project shall include or be proximate
to transportation, retail shops, eating and drinking establishments, and recreation
facilities.
FBACTIONAL FEE CLUB UNIT: A condominium unit in a fractional fee club
described as such in the project documentation and not an accommodation unit
within the fractional fee club.
'TIME-SHARE LICENSE: A contractual right to exclusive occupancy of specified
premises; provided, that the occupancy of the premises is divided into five (5) or
more separate time peiods extending over a term of more than two (2) years.
The premises may consist of one parcel, unit or dwelling or any of several
parcels, units or dwellings identified at the time the license is created to be
identified later. No time share is a time-share license if it meets the definition of
interual estate, time-share or time-span estate.
USE: The purpose for which a site or Etructure or portion thereof is ananged,
designed, intended, erected, moved, altered, or enlarged, or for which either a
site or structure or portion thereof is or may be occupied or maintained.
vt.ZONING ANALYSIS
Lot size:
Zoning:
Lol Area:
Height:
Setbacks:
Site Coverage:
l-^/.t-^^^;^^.Lclr r\./o\,qP|| rv,
1.19 acres or 51 ,836 sq. ft.
Lionshead Mixed Use 1 (LMU-1)
min. 0.23 acres or
10,000 sq. ft.
ave. 71 ', max. 82.5'
10' on all sides
70o/" or 36,285 sq. tt.
2C",1 or 10,367 sq. ft.
Existino
1.19 acres or
5'1,836 sq. ft.
36' to 74' (< 71' ave.)
min 10', except for decks, etc
41o/o ot 20,983 sq. ft.
22',"or 11,133 sq. fl.
irrciucjing Tract A to east
Land Use Plan Designation: Ski Portal
Current Land Use: Residential
Develooment Slandard Allowed bv LMU-1
Parking:
GRFA:
Density:
Loading/Delivery:
148 spaces 1 14 spaces (grandfalhered)
250% GRFA per buildable
Site area or 129,590 sq. ft. 87,590 sq. ft.
33% increase or 93.1 units 92 unitsEHU'S=0density Tunits
1 berth required 1 berth (provided)
Zonino
Lionshead Mixed Use-1 District
Agricullural and Open Space District
Lionshead Mixed Use-1 District
Lionshead Mixed Use-1 District
Chapter Seven of the Lionshead Redevelopment Master Plan, along with the Lionshead
Mixed Use - 1 zone district, prescribe lhe development standards for the property. Staff
believes the proposed plan complies with the applicable development standards
prescribed for the property with the exceplion of parking. In the case of the parking
requiremenl there is a deficient of 34 spaces. The applicant is requesting a parking
var iar rce as pari ul iiiis prupvsai. Tiie paiking vaiiai:;e ;;q;;;i i" .jiscii"rscd in deiaii-in
Section Vlll 6f this memorandum
VIl. Surroundinq Land Uses and Zoninq
North:
South:
East:
West:
Land Use
Mixed Use
Open Space
Mixed Use
Mixed Use
VIII. CRITERIA AND FINDINGS
Consideration of Factors:
1. Relationship and impact of the use on the development objectives of
the Town.
A major development objective of the Town is the redevelopment and
improvement of the Llonshead Village. The Antlers Redevelopment
proposal approved in 1999 helped to achieve lhis through the new
addition ol 22 new dwelling units, the facelift of the existing building, and
improvements to the streetscape, bike-ped palh and landscaping. In the
Lionshead Mixed Use 1 Zone District accommodation units are not a
requirement as it is in olher zone districts. The addition of time-share
units in lhis development increases the likelihood that there will be higher
occupancy rates throughout the year which is directly connected to the
number of visitors in Town during any given time period. This is likely as
a family who only owns 13 weeks of occupancy a year willtend to visit
Town more often. A plausible effecl may also be that the time-share
owners will be more likely to open there unils to short-term renlal as they
are accuslomed to sharing their unit with mulliple families. A whole unit
owner can be hesilanl lo open there unit to the use of others. This will
help lo boost lhe occupar)cy rate polentially. Staff buliv,rus tlrc inrpacts of
the addilion ol a limited number of time-share units to be positlve in
providing for higher occupancy rates, and in lurn a greater number of
A.
2.
visitors to the Town. Slatf would suggest lhat20% or 18 units of the lotal
92 units be granted a condilional use permit under this application. This
would be approximately 17,518 square leet (87,590 x.2) of GRFA on the
site. The Association would be responsible for determining which of the
remaining units could be allowed to convefted to time-share unils.
Effect of the use on light and air, distribution of population,
transportation facilities, utilities, schools, parks and recreation
facilities, and other public facilities and public facilities needs.
The proposed use should nol have any significant negative effect on
these factors. The mass and design of the proposal have been reviewed
by the Design Review Board and does not change with this requesl. The
proposal should draw more users to the Lionshead Village Area.
Vehicular access has been reviewed by the Public Works Deparlment;
and the applicant has contributed to the oif--sitg roq{wqy. imorovqments
fund. Utilities and schools should not be heavily impactgd.
Effect upon traffic, with particular reference to congestion,
automotive and pedestrian salety and convenience, traffic flow and
control, access, maneuverability, and removal of snow from the
streets and parking areas,
The proposal has been reviewed for ils effect on transportation by the
Public Works Department. The Public Works Department had requested
numerous changes which have been incorporated inlo the built product.
The number of parking spaces required for time share/dwelling units is
1.7 spaces per unit.
Effect upon the character of the area in which the proposed use is to
be located, including the scale and bulk of the proposed use in
relation to surrounding uses.
The applicant met several times with the Planning and Environmental
Commission and the Design Review Board during the planning process
and had made many changes to the proposal based upon their
commenls. The finished product conforms with the purpose of the Land
Use Designation as Ski Portal and with the goals and purpose of the
Lionshead Mixed Use 1 Zone District. Details of the goals and purposes
are found in Section V of this memorandum. The addition of the time-
share units will have no noticeable negative affect on the surrounding
properties. The surrounding properties otfer lodging to owners and
visilors in a similar manner as the Antlers Condominiums does currently
and is proposing to offer.
lf the proposal for a fractional fee club is a redevelopment ol an
existing facility, the fractional fee club shall maintain an equivalency
of accommodation units as are presently existing- Equivalency
si,.rll be maintained either by an equal number of units or by square
footage. lf the proposal is a new development, it shall provide at
least as much accommodation unit gross residential lloor area
4.
5.
(GRFA) as fractional fee club unit gross residential floor area
(GRFA).
Not Applicable
Lock off units and lock off unit square footage shall not be included
in the calculation when determining the equivalency of existing
square footage.
Not Applicable
The ability of the proposed project lo create and mainlain a high
level of occupancy.
The addition of the proposed quarler-share time-share units will allow the
r:-:: !F-;:Fj; '' : ^*n' ' - * --- '*'*--fi1-,ilers Con'ioi;inii;ms ic establish a renial piiogiairi i;l;;;h i;lii puisniiaiti". -have.higher ooeupaiiey year round. A quarter-share time-share unit
$fl ;f xlJfr ,::r'',[1,:r?;'Jil""i",gff 3:n?il,:"1ffi""1'olx[?5i
orovides for each owner to have access during both peak and shoulder
i^ff "f,:"'fi :'J:'%'5ilJ["JH:il|i:fi1;]ffJ"X."J,li;"'X?:"[?J;li'"J
croperty. In a market such as the Town of Vail's a quarter-share time-
share allows all owners to experience both the height and shoulder
seasons.
Employee housing units may be required as part of any new or
redeveloped fractional fee club project requesting density over that
allowed by zoning. The number of employee housing units required
will be consistent with employee impacts that are expected as a
result of the project.
Not Applicable
The applicant shall submit to the town a list of all owners of existing
units within the proiect or building; and written statements from one
hundred percent (100%) of the owners of existing units indicating
their approval, without condition, of lhe proposed fractional lee club.
No written approval shall be valid if it was signed by the owner more
than sixty (50) days prior to the date of filing the application lor a
conditional use.
Not Applicable
10. Each of the fractional fee club units shall be made available for short
term rental in a managed program when not in use by the club
members. The project shall include or be proximate to
transportation, retail shops, eating and drinking establishments, and
recreation facilities.
Not Applicable
6.
7.
9.
10
B. Findinos
The Planning and Environmental Commission shall make the following findings
before granling a conditional use permit:
1. That the proposed location of the use is in accord with the
purposes of the conditional use permit section of the zoning code
and the purposes of the district in which the site is located.
2. That the proposed location of the use and the conditions under
which it would be operated or maintained would not be detrimental
to the public health, safety, or welfare or malerially injurious to
properties or improvements in the vicinity.
3. That the proposed use would cdmply wiih ea-ch of thb applicable
provisions of the conditional use permit section of the zoning
code.
STAFF RECOMMENDATION
The Community Development Department recommends approval of the conditional use
permit request to allow for up 1o 18 tim+share units on the firsl floor of a building or
above, located al 680 West Lionshead Place/Lot 3, Block 1, Lionshead 3E Filing. Slaff's
recommendation is based upon the review of the criteria listed in Section Vlll of this
memorandum and the evidence and testimony presented, subject to the following
findings:
1. That the proposed location of the use is in accordance with lhe purposes of the
conditional use permit section of the zoning code and the purposes of the
Lionshead Mixed Use 1 Zone District.
2. That the proposed location of the use and the conditions under which il will be
operaled or maintained will nol be detrimental to the public health, safely, dr
welfare or materially injurious to properties or improvements in the vicinity.
3. That the proposed use will comply with each of lhe applicable provisions of the
conditional use permit section of the zoning code.
Should the Planning and Environmental Commission choose to approve the conditional
use permit to allow lor time share unils on the first floor of a building or above, located at
680 West Lionshead Place/Lot 3, Block, Lionshead 3'o Filing, staff recommends the
following condition:
1. That the applicant meets the 'Time-share Units Disclosure Requiremenls"
outlined in Chapter 4 Seclion 4 Article A of the Vail Town Code prior to the
marketing of the time-share units.
lx.
1l
X. ATTACHMENTS
A. Affidavit of Publication
B. Publication Notice
C. Letterfrom Applicant
D. Site Plan
E. Floor Plans
F. Unit Layouts
G. Chapter 4 Section 4 Article A'Tim+share Units Disclosure Requirements'of
the Town VailGode
H. Minutes of June 24,2002 Planning and EnMronmental Commlssion
t2
o
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A 'Ieqr.d br I thd lgirlr,i ol a co.rddo|r8l r.|op.m[ b t[qr{ lor t|ltr th|n Unlb at ['l. fl|rt
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lpplcxt \rd frcnfih gohod, rlgtEatr.d
by B.E(n Arodab.. tniPbnnd: Fula For|Dc
FEAD ANO APPROI/ED O{ SECDNO READII{G
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!{Dgloo N. FenrOc Fod E..t/6 Ji|rr d L.r t4
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12, Blodr 2, Vr{ Whor l2!r Fhq.8) A |!ql6d b. r ,rconrm.rdrdon b hs \tel
Tot,n C{irrcl b modlv th. omcH Town o, lAl
Rodftll Hrrvd Mrp kt trdclta .pgevod nnhr.
Son lor 3100 N. Font o. Foldld 12. Blocfi 2,
\/bll Vllhgo l2h Fltlhg; -
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4rbdMllar qbd[rrg . lot nhldr ia bls tun 35 .*' Tl.d ttq l,ar9Fr 4r+Ynrry itat, .
oRDhJANCE r{o: 11
SEFIES OFC002
Attachment: A
,#
:RS AT \AIL
v.antleisvail.com
A/est Lionshead Place
ril, Colorado 81657
www.antlersvail.com
680 West Lionshead Place
Vail, Colorado 81657
:S AT \AIL
rtlersvail.com
Lionshead Place
olorado 81657
/1 ny'/or*r-rr,^, l( *"n--
L,u-sA"'b Lt zc'{
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a tr a-)Attachment: B
Q",, rrEM MAYAFFE.T YouR r*#*r"
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of
Vail will hold a public hearing in accordance with Section 12-3-6 of the Municipal Code of the
Town of Vail on July 22,2002, at 2:00 P.M. in the Town of Vail Municipal Building. In
consideration of:
A request for a final review of a conditional use permit, to allow for time share units on the first
floor of a building or above, located at the Antlers Condominiums, 680 West Lionshead
Place/Lot 3, Block 1, Lionshead 3'd Filing.
Applicant Antlers Condominium Association, represented by Rob Levine
Planner: George RutherM/arren Campbell
A request for a recommendation to the Vail Town Council to of an amendment to Section 12'74'7
(Height), Vail Town Code, to increase the maximum allowable building height in the Public
Accommodation Zone District.
.+-.r3 --- ,. - --n-pplicant-. Rnh.l czjcr renJc-c.nniarl.hv -[ay.P.gttrqnn .. . ,: --- . . -
Planner: .. George Ruther
A request for a final review and recommendations of the following applications related to the
proposed redevelopment of the Vail Mountain School:
1) A request for a recommendation to the Vail Town Council to rezone 301 0 Booth Falls
Road/Lot 11, Block 2, Vail Village 12m Filing from Two-Family Residential to General
Use;
2) A reouest for a recommendation to the Vail Town Council to rezone Tract C, Block 1,
VailVillige 12m Filing from Two-Family Residentialto General Use;
3) A requ-est for a recommendation to amend the official Town of Vail Land Use Map for
Tiact C, Block 1, Vail Village 12th Filing from Low Density Residential to Public/Semi-
Public:
4) A request for an amendment to the previously approved development plan and a new
conditional use permit for a private educational institution and an active outdoor
recreation area on 301 O Bo6th Falls Road/Lot 1 1 , Block 2, Vail Village l2h Filing and
3160 N. Frontage Rdad EasVa part of Lot 12, Block 2, Vail Village 12'n Filing;
5) A requegt for a conditional use permit to allow for the construction of eight Type lll
EHUs located on Tract C. Block 1, Vail Villaqe 12"'Filing;
6) A iequest t6ii dirnoiiiof al dse bermrt to a-ncjw tor a privdre edlcatronat rndrtrttrori-and-
active outdoor recreation area located at 3160 N. Frontage Rd. EasVa part of Lot 12,
Block 2, VailVillage 12th Filing;
7) A request for a for a conditional use permit to allow for temporary modular classroom
structures located at 3160 N. Frontage Rd. EasU a part of Lot 12, Block 2, Vail Village
12u Filing;
8) A requlst for a recommendation to the Vail Town Council to modify the official Town
oi Vail Rockfall Hazard Map to indicate approved mitigation for 3160 N. Frontage
Road/Lot 12, Block 2, VailVillage 12n Filling;
9) A request for a recommendation to the Vail Town Council for a text amendment to
Section 12-84-8 (Density), Vail Town Code, to amend the GRFA requirements in the Ag
and Open Space Zone District;
1O) A request for a variance from Section to 1 2-84-5 (Lot Area and Site Dimensions) to
allow for a subdivision creating a lot which is less than 35 acres, located at Lot 12, Block
2, Vail Village 12th Filing (Booth Falls Tennis Courts);
1 1) A request for a major subdivision in accordance with Title 1 3, Chapter 3, Vail Town
Code, and setting forth details in regards thereto, located at Lots 1 1 and 12, Block 2,
Vait Vittage t Zm Fiting and Tract C, -Atock
1 , Vail Village 1 2m Filing. t
Attachment: B
'Fl',
ANTL(RS AT \NIL
www.antlersvail.com
MEMORANDUM
To: Town of Vail, Community Development
From: Robert LeVine, General Manager
.::#€-:-+a -! -::-i+-+;-... -:.i - +- : - .|--:--
Subject Frdbtional Fee Conditional Use for Antlers Redevelopment
Please be advised thatthe Antlers Condominium Association wholeheartedly
supports and approves the sale and use of fractional fee units for the remainder
of the new condominiums, built as part of the AnUers redevelopment.
In accordance with the prescribed amendment procedures, the Association has
recenUy adopted a supplementto the Condominium Declaration and an
amendmentto the Bylaws which accomrnodates the sale and use of such . -.---- *.--
'::r .. . - r -+ia.+-:_-. _:::.j_r. .: .i..:€4i../-:j. ,+., . .,: _rrr:.::r-::+_,
fractional fee.units.
Please call me if there are any quesUons.
Attachment: C
680 West Lionshead Place Vail, Colorado 81657 (970) 476-2471 FAx (970) 476-4146 info@antlersvail.com
T \hIL
.com
,#
4NTL(RS A
www.antlersvail
A. The Antlers Condominium Association, as developer and seller of the
property's new condominiums, wishes to market some or all of the remaining
condominiums as fractional fee units, specifically quarter shares. Each of the
quarter share owners will have the right to use their specific unit 13 weeks out
of the year, and will be encouraged to make their condominium available for
short term rentals when they're not using it, just like all of the "whole" owners.
B. There is a tendency for "high-end" purchasers to rent out their units less, or
. --a -. -tl rr-.^L-^^.r,1----:-:.,-.-- -.i+ --.*-^t,, -- *..^h ^-,{4 nn.RA.eraalzc narllt l a( alr. -\Jt'\,r | \rirr r\.\rr r-rrl irt..r r re -r:. v.r'r.a, vr 'ivv'|rv,'Yr
year. Since the town depends on sales tax revenues to cover much of its
expenses, these empty units or'cold beds" do nothing to support the town's
economy.
The owners of fractional fee units are already sharing their property with
others, and they will be much more likely to rent the unit out when they're not
using it themselves. Although the incidence of owner usage will probably go
up as well (since there are more owners), whether it's them or a paying guest
who stays there, each will eat in the restaurants, shop in the shops and ski on
the mountain. The town's sales tax revenues will clearly improve with the
higher year-round occupancy.
In terms of the physical development objectives of the Town, this conditional
use causes no difference whatsoever. This is evidenced by the fact that the
building was already built with whole ownership in mind. The change to
fiactional fee units has little'or no impaci'on-the physical plant.
C, D, & E. There will be no change whatsoever from the development as it was
approved in the spring of 2000. The impact of the Antlers on the surrounding
environment and infrastructure will be no different whether the condominiums
ate owned by a single party or four separate parties . .. other than the
propensity to be rented out more, as mentioned above. Since the original
redevelopment was approved with the clear hope and expectation that the
units would be rented and constitute'warm beds", this change to fractional
ownership does nothing other than further that objective.
Unlike some fractionalfee clubs, which allow the owners to use the facilities
(parking, etc.) even when it's not "thei/'time, the Antlers will not encourage
that. The capacity and use of the property, and hence the impact on traffic,
etc. will be no different than when it is currently in full occupancy.
Attachment: C
680 West Lionshead Place Vail, Colorado 81657 (970) 476-2471 FAX (97O) 4764146 info@antlersvail.com
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-sl,vJ,s ONIuSI.{O CI'Ifind :Z-Vt-, leualef{ lpuorlourord 6u11aqe1 :6 -Vt-t
/rirorcs3 ul paoeld sllscidag :B -Vt-?
saJBqs aurll Jo alPseH :L -vr-v
(r S (oesr)zz'prg) 'qa-1qd .,. -- . p-u!c-g.aH o1lq.6!H. i9 -Vy-.n
lde selesar ol _qg[F_!?]. atcluy s-!!{l_19_=_ -_.. ., '-,_ .?-e_€}sup+oJ.s,lu?lr3c9q :g_:!L?-:_;_=_*
L-Vb-t uorlcas qclq^ ol JalsuErl v'9 sarlrrncas aJEqs-eu[ :t -vr-,
Iyado.r6 uolsra^uoC :e -Vt-?
'arnsolcaJol Jo nall ur suorslnord lEJaue9
paep ro e.rnsolcarol {q uollgsodsgp y '9 ilueu.re}els 6u1tag6 cglqn6 iZ -Vr-V
suolldurax3 :,Q;11qec1;ddy iL -Vr-,
'satcue6e 1e1uar.u u.reno6
Jo luauura^ob Iq uo11;sodslp y'6
slNSu\t3Htno3H Sunsolcsto'v 3'lctl-uv
s]-lNn SuvHS-31{lt_
r u3t_dvHc
:NOtJ-C:tS
z-vv-n r-vv-v
4-44-2
12. A statement that any deposit
made in connection with the purchase
of a time-share will be held in an es-
crow account until closing of the
transaction;
13. Any restraints on alienation ol any
portion of any time share;
14. A description of the insurance
coverage provided lor the benefit ol
time-share owners;
15. Any current or expected lees or
charges to be paid by time-share-+*=-r..- -..bwners loi'the use 6l ahy 'taiciiiftiEs' rellated to the ploperty; " '
16. The extent to which a time-share
unit may'become subject to a tax or. other lien arising out of claims against
other time-share owners of the same
time-share unit; and
17. All unusual and material circum-
' : stances, features, and characteristics
of the property.
B. Disclosure Of Exchange Program, lf
Any: lf the time-share owners are to
be permitted or required to become
members of or to participate in any
program for the exchange of occupan-
cy rights among themselves or with
the timb-share'bwnbri ot'other time'
share parcels or both, the public otfer-
ing statement or a supplement deliv-
ered therewith must contain or fully
and accurately disclose:
1. The manner in which the program is
operated, the identity of the persons
operating it, and any affiliation be-
tween the program and the developer.
4-44_2
2. Whether membership or participa-
tion in the program, or both, are vol-
untary or mandatory.
3. The costs or ranges of costs of
membership and participation in the
program as of a specified date not
more than one year before the public
offering statement is delivered to the
purchaser, and whether those costs
are payable to the developer, the
persons operating the program, or the
time-share owners with whom ex-
changes are made.
* 4.'wheirie-r dno li6iv any' of ihil cost3r :'
sDebified in "Sirbsection 83 of this
Section may be altered and, for any
such cosls which are to be fixed on a
case-by-case basis, the manner in
which those costs are to be fixed in
each case.
5. The number of time shares and
time-share parcels involved in mem-
bership or otherwise participating in
the program, and the number of each
ihat may be withdrawn from the pro-
gram, as ol a specified date not more
than one year before the public offer-
ing statement is delivered to the pur-
chaser.
Current Inlormation Regarding Staie-''
ment Excnahgi Program: A'oeveloper" -' 1---- :-i..= -
promptly shall amend the public otfer-
ing statement to report any material
change in the information required by
subsection A ot this Section and the
public otfering statement, or any sup-
plement thereto, to report any material
change known to such developer in
the information required by subsection
B of this Section. (Ord. 27(1980) $ 1)
c.
Town of YaiI
Attachment: G
4-44-2
c. The maximum number of the
developer's units that may become
time-share units,
d. A statement of the maximum
number of time shares that maY be
created, or that there is no maximum,
and
e. The number or ProPortion of time
shares the developer intends to mar-
ket in blocks to investors;
4. Copies and a brief narrative de-
scription of the significant features of
.:i--:;r- -r.--*--;---:-tb g. .gnt-r91'1119 ineln.rmenl alrl any
docurnents referred to therein (other
than any plats and plans), copies of
any contracts or leases to be signed
by purchasers at closing, and a brief,
narrative description ol any contracts
or leases that will or may be subject
to cancellation by the time-share own-
ers;
5. Any current balance sheet and a
projected budget lor the time-share
units either within or as an exhibit to
the public otfering statement, lor one
year after the date of transfer to a
Durchaser, and thereafter the current
budget, a statement of who prepared
the budget, and a statement of the
budget's assumptions-. concerning
.
occupancy and intlation'factors.'Th6"
budget must include, without limita-
tion:
a. A statement of the amount, or a
statement that there is no amount,
included in the budget as a reserve for
repairs and rePlacement,
b. A statement of any other re-
serves.
4-44-2
c. The projected common expense
liability by category of expenditures
for the time-share units. and
d. The projected common expense
liability lor each time share;
6. Any services not reflected in the
budget that the developer provides, or
expenses that the developer pays and
that he/she expects may become at
any subsequent time a common ex-
pense of the time shares and the
projected common expense liability
attributable to each of those services
or cYnenses tnr 4a4h llrnc shire. .
/':
t
(
7. Any initial or special fee due from
the purchaser at closing, together with
a description of the purpose and
method of calculating the fee;
8. A description of any liens, defects,
or encumbrances on or affecting the
title to the time-share units;
9. A description of any financing of-
fered by the developer;
'10. The terms and significant limita-
tions of any warranties provided by
the developer, including statutory
warranties and limitations on the en-
forcement thereof or on damages;
,:..--r'j-
11 . A statement of any judgments
against the developer and any associ-
ation or manager, the status of any
pending suits to which the developer
and any association or manager is a
party, aid the status of any pending
suits material to the time-share units
of which a developer has actual
knowledge;
(
t:
Toun of VdiJ
Attachment: G
.444-7
4-4A-5: DOCUMENTS TO TRANSFER. I
EE: Before transfer of a time
A. Additional Statement Content: The share and no later than the date of execu-
public offering statement for the time- tion of any contract of sale, the developer
share units in a conversion property shall provide the intended transferee with:
must contain, in addition to the infor- a) a copy of the public offering statement
malion required by Section 4-4A-2 of and any amendments and supplements
this Article: thereto, and b) the disclosures required in
the case of resales by Section 4-4A-7 ot
1. A statement by the developer, this Article. (Ord.27(1980) $ 1)
based on a report PrePared bY an
independent architect or engineer, l
describing the present condition of all 4-44-6: RIGIIT TO RESCIND: The
structural components and mechanical transleree of any time-share unit
and electrical installations material to shall have the right to rescind the transac-
...;-i.:':,:;.:j;:..:+.-.-=ih€*lrs*^an4::njoy7n6rni.nf'th.trt.im..'tior.''trnti"|.tule!t,e+'c|lik(re:nn}rnir.|ni:5t.l|l
share units; .. the third business day follnwing the con-
summation'or closing of the transaction, or
2. A statement by the developer of the delivery of the disclosures required by this
expected useful life of each item re- Article, whichever is later, by notifying the
ported on in subsection 41 above or a developer of his/her intention to do so. The
statement that no representations are developer shall clearly and conspicuously
ade in that regard; and notify the transferee, in writing, of the rights
of the transferee under this Section. The
3. A list of any outstanding notices of developer shall also provide an adequate (
uncured violations of the Building opportunity to the transferee to exercise his
Code or other Municipal regulations, or her right of rescission. Within ten (10)
together with the estimated cost of days after receipt of a notice of rescission,
curing those violations. the developer shall return to the transferee,
any earnest money, or down payment given
B. Applicability: This Section applies only by the transleree to the developer. (Ord.' to units in which residential use is 27(1 980) S 1)
permissible. (Ord. 27(1980) $ 1)
IIME SHARES:
4-4A-4: TIME-SIIARE SECURITIES: lf a
time-share unit is currently regis-
tered with the Securities and Exchange
Commission of the United States, a devel-
oper satisfies all requirements relating to
the preparation of a public ofiering state-
ment of this Article il the developer delivers
to the purchaser and files with the Town a
copy of the public otfering statement filed
with the Securities and Exchange Commis-
sion. (Ord. 27(1s80) S 1)
Toutn of Vail
Attachment: G
4-44-3
4-4A-3: CONVERSIONPROPERTY:
A. Disclosure Certificate: In the evenl of
a resale of a time share by a time- [ . 't
share owner other than a developer,
the seller shall furnish to the purchas-
er before execution of any contract for
the sale, or otherwise beiore the
transler, a copy ol the governing in-
strument (other than the plats and
plans) and a certificate containing:
444-7
1. A statement disclosing the etfect on
the proposed disposition of any right
of first refusal or other restraint on
alienation of the time share;
2. A statement setting forth the
amount of the common expense liabil-
ity and any unpaid common expense
assessment or other sums currently
due and payable from the seller;
3. A statement of any other fees pay-
able by time-share owners; and
4. A statement ol any judgments or'' other matters which are or may be-
come liens against the time share or
the time:share unit and the status ol
any pending suits which may result in
such liens.
B. Contents Of Certificate: lf the seller
owns or offers for sale more than an
aggregate of twelve (12) time shares
in more than one time-share unit in
the same project and the managing
entity ol those time-share units is an
association or manager, the seller
shall include in the certificate fur-
nished pursuant to subsection A of
this Section:
1. A statement of any capital expendi-
tures proposed by the managing entity
lor the cuirent and the nelt succbeo-'
ing fiscal year;
2. A statement of the amount of anY
reserves for capital expenditures and
of any portions of those reseryes
designated by the managing entity for
any specified projects;
3. The most recent regularly prepared
balance sheet and income and ex-
pense statement, il any, tor the prop-
erty;
4-44-7
4. The current operating budget for
the property;
5. A statement describing any insur-
ance coverage provided for the benefit
of time-share owners:
6. A statement as to whether the man-
aging entity has knowledge that any
alterations or improvements to the
time-share unit violate any provision
ol the governing instrument;
7. A statement as to whether the man.
aging entity has knowledge of any
viotati6ns -oi' tne Hearth or-silitoing
Codesl with respect-io the trme-share
unit, or any other portion of the prop-
erty; and
8. A statement of the remaining term
of anlt leasehold estate atfecting the
property and the provisions governing
any extension or renewal thereof.
Certificate Provided Upon Flequest:
Any association or manager, within
ten (10) days after a request by a
time-share owner, shall furnish a cer-
tificate containing the information
necessary to enable the time-share
owner to comply with this Section. A
time-share owner providing a certifi-
cate pursuant to subsection A of this
Section rs iot liable fo the burchdSai''-'" ' '',-:-"j
for any erroneous information provid-
ed by the association or manager and
included in the certificate.
Certificate Information Prevails: A
purchaser is not liable for any unpaid
common expense liability or fee great-
er than the amount set forth in a cer-
tilicate prepared by an association or
manager. A time-share owner is not
liable to a purchaser tor the failure or
delay ol an association or manager to
c.
D.
Town of YaiI
Attachment: G
1. See Title 10 ol this Code for Building Codes.
4-4A.-7
provide the certilicate in a timely man-
ner. (Ord. 27(1980) S 1)
4-44-8: DEPOSITS PLACED IN ES-
CROW: Any deposit made in
connection with the purchase or reservation
of a time share f rom a developer must be
placed in escrow and held in an account
designated solely for that purpose by a title
insurance company licensed. in this State,
an institution whose acc6unts are insured
by a governmental agency or instrumentali-
ty until:
^ : r'! alj..--..-'l ra +lr-. '|a'rala-ar -+ th^ ^v^:, .. '' etri. r_ei e'q te .irv ve?v,vivr'..r'.;'v t',.Pr
ration- of the time fo:' rescissicn or
such later time as may be specified in
any contract of sale;
B. Delivered to the developer because of
purchaser's default under a contract
to purchase the time share; or
C. Refunded to the purchaser. (Ord.
27(1e80) S 1)
4-4A-9: LABELING PROMOTIONAL
MATERIAL: ll any improvement
to the property is not required to be built,
no promotional material may be displayed
or delivered to prospective purchasers
which describes or deoicts that improve-
ment unless ihe description or depiction of
the improvement is conspicuously labeled
or identified as "need not be built'. (Ord.
27(1s80)S 1)
4-4A-10: DEVELOPER'S OBLIGATION
TO COMPLETE IMPROVE-
MENTS: The developer shall complete all
promised improvements described in the
governing instrument and promotional ma-
terials. (Ord. 27(1980) $ 1)
4-44-10
4-4A-11: REMEDIES FOR VIOLATIONS:
In addition to all remedies pro-
vided by law, the Town shall be authorized
to enforce these time-share regulations as
follows:
Available Remedies: The Town, in
addition to other remedies provided,
may institute an injunction, manda-
mus, abalement, or other appropriate
action or proceeding to prevent, en-
join, abate, remove an unlawful con-
struction, use, occuPancy gr convey-
ance or to enjoin any developer lrom
selling, agreeing to sell, or offering to
sel!, cl cthgr'..lise acnYe)'. . barnra {rrll
cornpliance with the provisions of this
Article.
Building Permit Withheld: No building
permit shall be issued for any lot or
parceled land which has been trans-
ferred, conveyed, sold, or acquired in
violation of this Article. Any trahsleree
who acquires a time-share unit in
violation of this Article wilhout knowl-
edge of such violation, or any subse-
quent transferee, shall have the right
to rescind and/or receive damages
lrom any transferor who violates the
provisions of this Article.
Approval Withdrawn: The Planning
and Environmental Commission may
withdraw any approval ot-a ptdn or-
plat or require certain corrective mea-
sures to be taken following the deter'
mination that information provided by
the developer, or by anyone on his/her
behalf, upon which a decision was
based, is false or inaccurate. The
Planning and Environmental Gommis-
sion shall cause written notice to be
served on the develoPer, or his/her
assignees, setting out a clear and
concise statement of the alleged false
A.
I
E.
c.
Town of Vail
Attachment:G
o
4-4A-10
or inaccurate inlormation provided by
the developer, or by agents on his or
her behalf, and directing the developer
to appear at a time certain for a hear-
ing before the Planning and Environ-
mental Commission not less than ten
(10) days nor more lhan thirty (30)
days after the date of service of no-
tice. The Planning .and Environmental
Commission shall determine at the
hearing the nature and extent of the
. alleged false or inaccurate information' and shall have power, on good cause
'being shown, to withdraw any approv-
al or require certain correstive mea-
E-tr--+. .---. -. Suies to be takeri. However, wtthdiaw--'- - al ol approval or imposition of correc-
4-44-10
tive requirements shall not be an ex-
clusive remedy on lindings by the
Commission that false or inaccurate
information has been received, and
any and all remedies provided by law
may be exercised. (Ord. 27(1980) $ 1)
Town of Vail
Attachment: G
6.
Approved 7/8/02
omics of d business in T
Ro
Mr. S stated that if businesses for similar sig it would detract
Town.
had no
Chas Bern agreed with Mr.
a motion to findings on pag
the motion.
disapproval
A request for a recommendation to the Vail Town Council, of a lext amendment to Title 12.
Section 2-2, to amend the definition of "Fraction Fee Club" and to amend Title 12. Section
16-74-8, to amend the Use Specific Criteria & Standards, and setting forth details in regard
fhaieto
Applicant Rob Levine
Planner:
Mr. Ruther made a presentation per the memo.
Mr.LevinestatedthatiftheBoardagreedwiththeStaffrecommendation,hewou|dbe.
returning with a conditional use application.
Mr. Shirley asked if Mr. Levine had spoken to tlre other unit owners about this change to
ownership of some remaining units.
Mr. Ruther clarified that the Antlers Condo Association owns the units, as it is before the
Board with this request.
Doug Cahill asked for some clarification from a previous meeting regarding the number of
units which could be quarter share units.
Mr. Rurrrer staieo triai. the nurr'riJer oi units is not reguiateo by tne Code.
Mr. Schofield suggested that what was being proposed did not fit any of the definitions for
time-share type gwnership.
Mr. Lamb asked if the homeowner association was aware how economic shifts can
George Ruther
affect
these types of arrangements in ownerships.
Mr: Levine stated that risk exists whether there is one or four owners.
Mr. Schofield asked Mr. Ruther if he agreed that the intention was to regulate use,
operation.
Mr. Ruther agreed. ,l
I Mr. Schofield asked what was being requested of the Board.
Mr. Ruther stated that statf was looked for a statement regarding interpretation and
implementation. He added that he would like to hear comments on the criteria for the
Attachment: H
not
Rollie Kiesbo
Approved 7/8/02
conditional use of ti and fractional fee owne
Mr. Shirley asked if staff would be bringing changes to the Code back to the Board.
Mr. Ruther stated, yes.
Mr. Schofield stated for the record, that there was no public present.
Doug Cahill stated to fix it. He stated that he would be seeing Rob again at a later date for
the conditional use permit and would like to see the wording fixed.
George Lamb had nothing to add.
Rollie Kjesbo had nothing to add, except to simplify it.
Erickson Shirley said George did a great job clarifying the issue and to continue with the
changes as recommended by staff.
o
rship.
':-:;;..':.--.".,'- --4Jshr+Scaoilels spoke.anaultna.o4gsLaLappEatlon.ot:ts-hus.attneAustria Halls...fie.stated. ;. _:. *.-. .. that he believed that the uses shouid be separated. He stated that he wanted to further
explore the distinction and at what point the Town should be out of these issues. He stated
that if we are going to go through with this, we should explore it in other zone districts. He
stated that the issue was clear in his mind in that we need clearer distinctions between each
type of ownership. He stated that he wasn't sure if we should have specific numbers' regarding ownership intervals. He sees an overlap in the definitions. He can't emphasize
enough that when they originally looked at FFU, there was a definite intent to keep a
distinction between FFU and TSU. He said we should thinking about it as it relates to an
SDD. Likewise, if there are state statutes and we sheuld be looking at those for direction,
assuming that we do not have a need to do something dramatically different. He supports
George's recommendation, and wants to see the specific language. He then stepped down
as chair, making Erickson Shirley chair so John could make the motion.
John Schofield made a motion with the findings on pages 7 and I of the staff memorandum
and an affirmation of the staffs interpretation
Doug Cahill seconded the motion.
t he nroiic.'ri passed oy a voie of 5-0.
A reouest for a mendation the Vail Town
corridors within and to end Section 121
own Code to e View 1 and 2 in Title
pment M Plan. View orl is
exit southwest towa the Gondola
ap imately from the estrian olaza the east end of Lifthouse L
south
on file
the Gondola I ine, A more legal descri of the two view
Community lopment Depa
I
me-share type units
(
(',| .t
7.
Applicant:
Planner:
Town of Vail
Allison Ochs
Allison Ochs an of the staff mendation.
Schofield ask the maps Ms.was pornung were to scale.
Ms.
with
stated that but that she nave a mao
for the adoNion of two view
-4 (Adoption of \ew Corridors),
looking
building lines
were not to
Attachment: H
oo,1
Chicago Title Insurance Company
ALTA COMMITMENT
Schedule A
Property Address:
ANTLERS CONDOMINIUMS
1. Effective Date: June 27,2000 at 5:00 P.M.
2. Policy to be Issued, and Proposed Insured:
Our Order No. VC267670-5
Cust. Ref.:
"ALTA' Loan Policy 10-17-gz
Proposed Insured:
MATRIX CAPITAL BANK
"ALTA" Loan Policy 10-17-92
Proposed Insured:
WESTSTAR BANK
$17,000,000.00
$4,000,000.00
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
SEE ATTACHED
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
ANTLERS VAIL CONDOMINIUMS VAIL/LIONSHEAD CORP, ALSO KNOWN AS THE ANTLERS
CONDOMINIUM ASSOCIATION, INC, A COLORADO NONPROFIT CORPORATION
5. The land referred to in this Commitment is described as follows:
SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION
oa
Our Order No. VC267670-5
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
DEVELOPMENT RIGHTS AS DESCRIBED IN THE AMENDED AND RESTATED
DECLARATION OF ANTLERS CONDOMINIUMS VAIL/LIONSHEAD, RECORDED APRIL 3,
2OOO, UNDER RECEPTION NO. 726242.
oo
Our Order No. VC267670-5
LEGAL DESCRIPTION
ANTLERS CONDOMINIUMS, VAIL/LIONSHEAD ACCORDING TO THE CONDOMINIUM MAP THEREOF
RECORDED DECEMBER 19,1972IN BOOK 226 AT PAGE 820 AND AS DEFINED IN THE
AMENDED AND RESTATED CONDOMINIUM DECLARATION RECORDED APRIL 3, 2OOO RECEPTION
NO. 726242 AND FIRST SUPPLEMENTAL DECLARATION RECORDED JUNE 27 ,2OOO UNDER
RECEPTION NO. 73304I, COUNTY OF EAGLE, STATE OF COLORADO.
INCLUD]NG PROPERTY DESCRIBED AS:
BNGNNTI.IG RT THN I'IORTH CORIVBR OP SRIO RNILTRS CONIPOI\,{INTUI\4S. THNAICT THE
FOLLOWING FIVE COURSES ALONG THE NORTHERLY AND EASTERLY LINES OF SAID ANTLERS
CONDOMINIUMS: l)65.0r FEET ALONG AN ARC OF A CURVE TO THE LEFT. HAVING A
RADIUS OF 11O.OO FEET. A DELTA ANGLE OF 33 FEET 5I MINUTES 43 SECONDS. AND A
CHORD THAT BEARS SOUTH 48 FEET 04 MINUTES 09 SECONDS EAST 64.07 FEET: 2) SOUTH
65 FEET 00 MINUTES 00 SECONDS EAST 62.89 FEET: 3) 2s.32 FEET A LONG THE ARC OF
A CURVE TO THE RIGHT. HAVING A RADIUS OF 25.00 FEET. A DELTA ANGLE OF 58 FEET
02 MINUTES 02 SECONDS. AND A CHORD THAT BEARS SOUTH 35 FEET 58 MINUTES 58
SECONDS EAST 24.25 FEET: 4) 56.86 FEET A LONG THE ARC OF A CURVE TO THE LEFT.
HAVING A MDIUS OF 60.00 FEET. A DELTA ANGLE OF 54 FEET 17 MINUTES 50 SECONDS.
AND A CHORD THAT BEARS SOUTH 34 FEET 07 MINUTES 04 SECONDS EAST 54.75 FEET: 5)
SOUTH 03 FEET 08 MINUTES 17 SECONDS EAST 13.97 FEET: THENCE DEPARTING SAID
EASTERLY LINE SOUTH 83 FEET 37 MINUTES 03 SECONDS WEST 48.66 FEET: THENCE
NORTH 06 FEET 32 MINUTES 20 SECONDS WEST 17.79 FEET: THENCE SOUTH 8a FEET 35
MINUTES 46 SECONDS WEST 13.68 FEET: THENCE SOUTH 06 FEET 47 MINUTES 38 SECONDS
EAST t 1.27 FEET: THENCE NORTH 8l FEET 57 MINUTES 38 SECONDS EAST 4.66 FEET:
THENCE SOUTH 06 FEET 20 MINUTES 40 SECONDS EAST 4a.82 FEET: THENCE SOUTH 83
FEET 2l MINUTES 39 SECONDS WEST 79.43 FEET: THENCE NORTH 06 FEET 38 MINUTES 2l
SECONDS WEST 14.03 FEET: THENCE SOUTH 83 FEET 21 MINUTES 39 SECOND WEST 47.07
FEET: THENCE SOUTH 06 FEET 38 MINUTES 21 SECONDS EAST 13.95 FEET: THENCE SOUTH
83 FEET 26 MINUTES 07 SECONDS WEST 62.51 FEET: THENCE NORTH 06 FEET 41 MINUTES
29 SECONDS WEST 11.05 FEET: THENCE SOUTH 83 FEET 18 MINUTES 3l SECONDS WEST
8.83 FEET: THENCE SOUTH 06 FEET 56 MINUTES 27 SECONDS EAST 19.00 FEET: THENCE
SOUTH 83 FEET 03 MINUTES 33 SECONDS WEST I7.IO FEET TO THE WESTERLY LINE OF
SAID ANTLERS CONDOMINIUMS: THENCE THE FOLLOWING TWO COURSES A LONG SAID
WESTERLY LINE: t) NORTH 02 FEET 56 MINUTES 5l SECONDS WEST 82.79 FEET. 2)
NORTTI 40 FEET OO MINUTES ()() SECONDS EAST 185.88 FEET TO THE POINT OF BEGINNING
AS SHOWN ON FIRST SUPPLEMENTAL MAP RECORDED IUNE 27. 2OOO RECEPTION NO.
733040, COUNTY OF EAGLE. STATE OF COLORADO.
oo
ALTA COMMITMENT
ScheduleB-Sectionl
(Requirements) Our Order No. VC267670-5
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for lhe estate or
interest to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record,
to-wit:
Item (c) Payment of all taxes, charges or assessmenls levied and assessed against the subject premises which are due
and payable.
Item (d) Additional requirements, if any disclosed below:
I. DEED OFTRUSTFROMANTLERS VAIL CONDOMINIUMS VAIL/LIONSHEAD CORP. ALSO
KNOWN AS THE ANTLERS CONDOMINIUM ASSOCIATION, INC. A COLORADO NONPROFIT
CORPOMTION TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF MATRIX
CAPITAL BANK TO SECURE THE SUM OF $I7.O()O,O()O.OO.
2. DEED OF TRUST FROM ANTLERS VAIL CONDOMINIUMS VAIL/LIONSHEAD CORP. ALSO
KNOWN AS THE ANTLERS CONDOMINIUM ASSOCIATION, INC. A COLORADO NONPROFIT
CORPOMTION TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF WESTSTAR
BANK TO SECURE THE SUM OF $4,O()O,OO().()().
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ALTA COMMITMENT
ScheduleB-Section2
(Exceptions) Our Order No. VC267670-5
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
l. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicls in boundary lines, shortage in area, encroachments, and any facts which a correct survey and
inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and
nol shown by the public records.
5. Defects, liens encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or
attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for
value the estale or interest or mongage lhereon covered by this Commitment.
6. Taxes or special assessments which are not shown as existing liens by the public records.
7. Liens for unpaid water and sewer charges, if any.
8. In addition, lhe owner's policy will be subject to the mortgage, if any, noted in Section I of Schedule B hereof.
9. RIGHTOFPROPRIETOR OFAVEIN OR LODE TO EXTRACTAND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 04. 1923. IN BOOK
93 AT PACE 98.
IO. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 04.
1923, IN BOOK 93 AT PAGE 98.
II. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE,
BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE. COLOR, RELIGION,
SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE
EXTENT T}IAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF
THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT
DISCRIMINATE AGAINST HANDICAP PERSONS, AS CONTAINED IN INSTRUMENT RECORDED
OCTOBER 18, 197I, IN BOOK 22I AT PAGE 99I.
12. THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS AND RESTRICTIONS, AS
CONTAINED IN THE AMENDED AND RESTATED CONDOMINIUM DECLARATION RECORDED
APRIL 3, 2O()(), RECEPTION NO. 726242 AND FIRST SUPPLEMENT RECORDEDJUNE 27,
2()()() UNDER RECEPTION NO, 73304I.
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ALTA COMMITMENT
ScheduleB-Section2
(Exceptions) Our Order No. VC267670-s
Thc policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Comnanv:
13. PEDESTRIAN EASEMENT OVER THE NORTHWESTERLY TEN FEET. UTILITY EASEMENT OVER
THE WESTERLY TEN FEET AND UTILITY EASEMENT OVER THE SOUTHERLY FIVE FEET AS
SHHOWN ON THE RECORDED CONDOMINIUM MAP OF THE ANTLERS CONDOMINIUMS.
14. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT BETWEEN ANTLERS
CONDOMINIUM ASSOCIATION AND CABLEVISION VI, D /B/ A HERITAGE CABLEVISION,
rNc. RECORDEDJUNE 23, l98s IN BOOK 362 AT PAGE 244.
15. EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED ON THE
RECORDED CONDOMINIUM MAP OF ANTLERS CONDOMINIUMS.
16. TERMS, CONDITIONS AND PROVISIONS OF BROADBENT EASEMENT AND RIGHT OF ENTRY
AGREEMENT RECORDED NOVEMBER 2I, T996 IN BOOK ?I2 AT PACE 12.
17. TERMS, CONDITIONS AND PROVISIONS OF TYPE II EMPLOYEE HOUSING UNIT
RESTRICTIVE COVENANT RECORDED MAY 17, 2()O() AT RECEPTION NO, 730049.
18. TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT, AND VAULT AGRXEMENT
RECORDED MAY 19, 2OO() AT RECEPTION NO. 73OI4O.
19. EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED ON THE PLAT
RECORDED JUNE 27, 2()OO UNDER RECEPTION NO, 733040.
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LAND TITLE GUARANTEE COMPANY
DISCLOSURE STATEMENT
Required by C.R.S. l0-lI-122
A) The subject real properg may be located in a special taxing districl.
B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County
Treasurer's authorized agent.
C) The information regarding special districts and the boundaries of such districts may
be obtained from the Board of County Commissioners, the County Clerk and Recorder, or
the County Assessor.
Effective September f, 1997, CRS 30-f0-406 requires that all documents received for recording or filing in the
clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of
at lease one half of an inch. The clerk and recorder may refuse to record or file any document that does not
conform, excepl thal, tlre requirement for the top margin shall not apply to documents using forms on which
space is provided for recording or filing information at the top margin of the document.
Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every
title entity shall be responsible for all matters which appear of record prior to the time of recording
whenever the lide entig conducts the closing and is responsible for recording or filing of legal
documents resulting from the transaction which was closed". Provided that Land Title Guarantee
Company conducts the closing of the insured transaction and is responsible for recording the
legal documens from the transaction, exception number 5 will not appear on the Owner's Title
Policy and the Lenders Policy when issued.
Note: Afffrmative mechanic's lien protection for the Owner may be available(typically by deletion
of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be
issued) upon compliance with the following conditions:
A. The land described in Schedule A of this commitment must be a single family residence which
includes a condominium or lownhouse unit.
B. No labor or materials have been furnished by mechanics or material-men for purposes of
construction on the land described in Schedule A of this Commitment within the past 6 months.
C. The Company must receive an appropriate affidavit indemnifying the Company against un-filed
mechanic's and material-men's liens.
D. The Company must receive payment of the appropriate premium.
E. If there has been construction, improvements or major repairs undertaken on the property to
be purchased within six months prior to the Date of the Commitment, the requirements to obtain
coverage for unrecorded liens will include: disclosure of certain construction information;
financial information as to the seller, the builder and or the contractor; payment of the
appropriate premium fully executed Indemnity Agreements satisfactory to the company, and,
any additional requirements as may be necessary after an examination of the aforesaid
information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured
has contracted for or agreed to pay.
Nothing herein contained will be deemed to obligate (he company to provide any of the
coverages referred to herein unless the above conditions are ftrlly satisfied.
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^pprqnr ^.{.n-cel*!'!u''^..odrro.', S\#*aX6y**tf#rIHr|9lLd[.o lty l'loo llrrllr FtL. odl 47Saf $ 6( idonildo|r.Plflrt1 Gina nuf|.itl'Yuf€o CrnFdl
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Towr Co dl b 6:onr 30to Boo$ F.lh Roqd,Ld
11, Blodr 2. \hl| Vl|tlr l2b Filim lton TwoFmlly Bxldbnld to con.rd tj!e: -
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oflldd loytr of Va'r Llnd t,t€ [4ap for'lrot C,qbd(- l, \fl| UIrgE 12th Eilng lrom Low D.ndry
8cd{bnd.t b fttdlo,s.fi lPubfc;
4) A tlqulqt br 8rt rm€nfir|l lo th. tgvlo{€trpprurd 6f*0tF.{ d8n lnd ! ns'r cond60idur. Frmlt lor I p.ltab €drroo dlrl hatltdor IIdgl rrrdve ouUooi llcn|€tlon dla on'3010 BoothFrlb Rod/Lc lt, Etod( 2" \rlllviflr$ 1t4n Filim
ltD3loo N. Fte|fip Ford €lrda p.rt d Lot te
BLtd( 2, \rr[ l,,UGr l2th F no:
5) A .rqld brl condlhnd l,!o p.rflit io allorh lh. d.rrhroloo ol ahh fvp. lll EHur locat d
on ltrd c, clod( |. val \rlhqd l2h F tno:' Cl A Gqrat bt a cordi{odal uso D€.nli b allotrth. I dldJaducdord hdfdql and rEltr or.i.&or rcrr.t on .|r. lqt d at 3160 N. Frcrltto.
id. Etruo Fad oa Lot 12, Blo.t( 2, \blt Vrd4r tttr
FIlnc7ll r€qld jor. I br s oondltond u.. oaflr l b d.lo* bf brnoo|ly modulr Ctrar@t|l atrudJ|rt li.
odad .l 3160 M Fio.rbg. Rd. E.d . grrt ot Lor
12, glod( 2, VrltVh!! tlh F norEl A tgrrt b a rsoflmrl&don to he \ildfo&n C,{iftcf, b .nodlv tha ofilclrl Twn of Wlnodhq H.tard Ms ki Indc.ra eog!,.d r ltorFldr br 9160 N. Frontrfl Ford4.irl 12, Sbck-z.VUM{e 12$ Fhc:
0) A rEurl b. | tlconr€r&0on lo f|. VII' Tovin Counol lor r Ed lrn.ndmoflt to Srcfion 12-6 -E (O!trllv), lh Tonn Co(b, to - rtrrnd [NOFFA-rlqdrt||rnb In [l. Ag and Op.n SproZoc Dh*r:
fO A r.qJ..l bf. vrhno. f|on S.o{oi io r2{4.
5 tlol Art! n|dslb D.n. hoJtor{ovb||r$dtvldm fldlry . lot strloft It L!8 ftan 35 ,E !, lo..i.d rtlcr I& gl9!8 4 .vr{,J4Fqr :r?.h. .
ORDII'|A!|CE llo.3
aERtES mO2
Attachment: A
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R5.AT \AIL
/w.antlersvail.com
) West Lionshead Place
Vail, Colorado 81657
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TL€RS AT \AIL
www.antlersvail.com
680 West Lionshead Place
Vail, Colorado 81657
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:st Lionshead Place
Colorado 81657
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Attaehment: B
C-.,'. rrEM MAYAFFE.rror* r*ot*
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and EnvironmentalCommission of the Town of
Vail will hold a public hearing in accordance with Section 12-3-6 of the Municipal Code of the
Town of Vail on July 22,2002, at 2:00 P.M. in the Town of Vail Municipal Building. ln
consideration of:
A request for a final review of a conditional use permit, to allow for time share units on the first
floor of a building or above, located at the Antlers Condominiums, 680 West Lionshead
Place/Lot 3, Block 1, Lionshead 3'o Filing.
Applicant Antlers Condominium Association, represented by Rob Levine
Planner: George RutherMarren Campbell
A request for a recommendation to the Vail Town Council to of an amendment to Section 12-74-7
(Height), Vail Town Code, to increase the maximum allowable building height in the Public
Accommodation Zone District.
Applicant:
Planner:
Bob Lazier, represented by Jay Peterson
George Ruther
A request for a final review and recommendations of the following applications related to the
proposed redevelopment of the Vail Mountain School:
1) A request for a recommendation to the Vail Town Council to rezone 301 0 Booth Falls
Road/Lot 11, Block 2, Vail Village 12th Filing from Two-Family Residential to General
Use;
2) A request for a recommendation to the Vail Town Council to rezone Tract C, Block 1,
Vail Village 12tn Filing from Two-Family Residential to General Use;
3) A requlst for a reCommendation to amend the official Town of Vail Land Use Map for
Tract C, Block 1, Vail Village 12rh Filing from Low Density Residential to Public/Semi-
Public;
4) A request for an amendment to the previously approved development plan and a new
conditional use permit for a private educational institution and an active outdoor
recreation area on 3O1O Bo6th Falls Road/Lot 1 1 , Block 2, Vail Village l2'n Filing and
3160 N. Frontage Road EasUa part of Lot 12, Block 2, Vail Village 12'n Filing;
5) A request foia conditional use permit to allow for the construction of eight Type lll
EHUs located on Tract C, Block t, vait Vittage 12h Filing;
6) A request for a conditional use permrt to allow for a private educatlonal institutlon and
active outdoor recreation area located at 3160 N. Frontage Rd. EasVa part of Lot 12,
Block 2, VailVillage 12th Filing;
7) A request for a for a conditional use permit to allow for temporary modular classroom
structures located at 3160 N. Frontage Rd. EasU a part of Lot 12, Block 2, Vail Village
12th Filing;
8) A request for a recommendation to the Vail Town Council to modify the official Town
of Vail Rockfall Hazard Map to indicate approved mitigation for 3160 N. Frontage
Road/Lot 12, Block 2, VailVillage 12'n Filling;
9) A request for a recommendation to the Vail Town Council for a text amendment to
Section 12-84-8 (Density), Vail Town Code, to amend the GRFA requirements in the Ag
and Open Space Zone District;
1 0) A iequeit for a variance from Section to '12-84-5 (Lot Area and Site.Dimensions) to
allow for a subdivision creating a lot which is less than 35 acres, located at Lot 12, Block
2, Vail Village 12th Filing (Booth Falls Tennis Courts);
1 1) A requelt for a major subdivision in accordance with Title 1 3, Chapter 3, Vail Town
Code, and setting forth details in regards thereto, located at Lots 11 and 12, Block2,
vaii Viriage t iin Flting and Tract c, -Bloct<
1 , Vail Village 1 2th Filing. i
Attachment: B
'Fl*
Applicant: val uttain School, represented by Braun R.ti"t"", tn".Planner: Russ Forrest
The applications and information about the proposals are available for public inspection during
regular office hours in the project plannef s office, located at the Town of Vail Community
Development Department, 75 South Frontrage Road. The public is invited to aftend project orientation
and the site visits that precede the public hearing in the Town of Vail Community Development
Department. Please call 47 9-21 38 for information.
Sign language interpretation available upon request with 24-hour notification. Please call 479-
2356, Telephone for the Hearing lmpaired, for information.
Community Development Department ?
Published July 5, 2002 in the Vail Daily. . .o
,ry
ANTL€RS AT \NIL
www.antlersvail.com
MEMORANDUM
To: Town of Vail, Community Development
From: Robert LeVine, General Manager
Date: June 22,2OO2
Subject Fractional Fee Conditional Use for Antlers Redevelopment
Please be advised thatthe AnUers Condominium Association wholeheartedly
supports and approves the sale and use of fractionalfee units for the remainder
of the new condominiums, builtas partof the AnUers redevelopment.
In accordance with the prescribed amendmentprocedures, the AssociaUon has
recenUy adopted a supplementto the Condominium Declaration and an
amendmenttothe Bylaws which accommodates the sale and use of such
fractionalfee units.
Please call me if there are any quesUons.
Attachment: C
680 West Lionshead Place Vail, Colorado 81657 (970) 476-2471 FAX (970) 476-4146 info@antlersvail.com
T \NIL
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ANTL€RS A
www.antlersvail.com
The Antlers Condominium Association, as developer and seller of the
property's new condominiums, wishes to market some or all of the remaining
condominiums as fractional fee units, specifically quarter shares. Each of the
quarter share owners will have the right to use their specific unit 13 weeks out
of the year, and will be encouraged to make their condominium available for
short term rentals when they're not using it, iust like all of the 'whole" owners.
There is a tendency for "high-end" purchasers to rent out their units less, or
not at all. Such condominiums sit empty as much as 40 or 50 weeks per
year. Since the town depends on sales tax revenues to cover much of its
expenses, these empty units or "cold beds" do nothing to support the town's
economy.
The owners of fractional fee units are already sharing their property with
others, and they will be much more likely to rent the unit out when they're not
using it themselves. Although the incidence of owner usage will probably go
up as well (since there are more owners), whether it's them or a paying guest
who stays there, each will eat in the restaurants, shop in the shops and skion
the mountain. The town's sales tax revenues will clearly improve with the
higher year-round occupancy.
ln terms of the physicaldevelopment objectives of the Town, this conditional
use Gauses no difference whatsoever. This is evidenced by the fact that the
building was already built with whole ownership in mind. The change to
fractionalfee units has liftle or no impact on the physical plant.
C, D, & E. There will be no change whatsoever from the development as it was
approved in the spring of 2000. The impact of the Antlers on the surrounding
environment and infrastructure will be no different whether the condominiums
are owned by a single party or four separate parties ... other than the
propensity to be rented out more, as mentioned above. Since the original
redevelopment was approved with the clear hope and expectation that the
units would be rented and constitute "Warm beds", this change to fractional
ownership does nothing other than further that objective.
Unlike some fractional fee clubs. which allow the owners to use the facilities
(parking, etc.) even when it's not'thei/'time, the Antlers will not enenurage
that. The capacity and use of the property, and hence the impact on traffic,
etc. will be no different than when it is currently in full occupancy.
Attachment: C
680 West Lionshead Place Vail, Colorado 81657 (9701 476-2471 FAX (970) 476-4146 info@antlersvail.com
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