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HomeMy WebLinkAboutVAIL VILLAGE FILING 1 BLOCK 5D LOT O COMMOMProject Application out" -/ l' '7 ' ?O Proiect Name: Proiect Description: Contact Person and Phone Owner, Address and Phone: Architect, Address and Phone; Legal Description: tot 4 , Btoct ritinglJ,V.'/4 a 14 , Zone - Comments: /Oct F. /4 " .f^r. \,.t , Design Review Board aur" //, 2. 7 A 1-o DISAPPROVAL H 1,_#^#, . Dale: El stati Approval l4lll YY('rw:DRA IPPITICAIION APPIJICATION RECEIVED : DATE OF DRB IIIEETTNG: /0.29 .?o tt,2,?o *****THrs APPLTCATToN wrLL Nor BE ACCEPTED UNTrL ArJrJ rNFoRl{.ATroNrs SUBMITTED***** I. PRE-APPLICATION }IEETING: A. pre-applLcatLon meeting with a plannlng staff member isstrongly.suqgested to determlne Lf any addJ-tLonall-nformation ls needed. No anoll-catloir wlll be accent-prl lhe zoning Edrninistrator). It is the appllcantrJresponsibility to roake an appointrnent wlttr ttre staff to findout about additional subrnittal requirernents. please notethat a COMPIJETE appl.ication will streamlLne the approvalprocess for your project by decreaslng the number ofconditions of approval that the DRB rnay stipulate. ALLconditions.of approval must be resolved before a buildingpennit is issued. Application will not be processedwithout Ownert s Signature. .. //(L B. A.PROJECT ESCRIPTION: IOCATION Address Legal Description Block ,Subdlvision ing C. NAME OF APPLICANT: Mailing Address: D. NAI'IE OF APPLICANT'S REPR"ESENTA Malling Address: Phone PROPOSAL: Phone aE.NAME OT OWNERS: SXGNATURE (g' : Malling Address: r. G. Condorninium Approval if applicable. DRB FEE: The fee will be oaid at the time a buildinoperrnit is paid for. VALUATION $ o- $ 1O,OO1 -$ 5o,ool- - 9150,00L - $50O,001 -$ over C9, FEE $ 10,0o0$ 50, ooo I L50,000$ 5oo, ooo $L, ooor ooo $1, ooo, ooo $ 1o.oo xI 25.00 $ 50. oo $100. oo $2 0o. o0 $3 00. oo l II. IUPORTANT NOTICE REGARDING ALL SUBI.TISSIONS TO THE DRB: A. fn addition to rneeting subnittal requirements, theapplicant must stake the site to lndicate propertyll.nes and building corners. Trees that wlll be removedmust also be marked. This work must be completedbefore the DRB visits the site. B. The revien process for NEW BUILDINGS will norrnallyinvolve two separate meetings of the Design RevLewBoard, so the applicant should plan on at least twoneetings for a final approval. C. Applicants who fall to appear before the Design Review. Board at their scheduled neeting and who have not askedfor a poetponement wil.l be reguired to be republished. D. At the dlscretion of the zoning adminlstrator, thefollowing l"tems may not have to be presented to the Design Review Board. They, however, have to bepresented to the Planning Department for approval: a. Windows, skylights and simiLar exterior changesthat do not alter the existing plane of thebuiLding; and b. Bullding addltions that are not vlewed from anyother lot or public space, which have had letterssubnitted from adjoining property olrners approvingthe addition; and/or approval frorn the agent for,or manager of a condominium assoclation. E. You may be required to conduct Natural Hazard Studl.eson your property (i.e. snow avalanche, rockfall, debrisflow, wetLands, etc). You should check wl-th a Town PLanner before proceeding. SENT BY:CAPA ;-da-zs-eB 4::32PM t lO , L'f -rA 3A34?9e1s?;S 1 FAX MACFIINE TRANSMI TAL FOBM DATE TO: TE.EGOW NUMBER: TETFHONE NUMBER; /,M, {fr,9t€- Fe l.,ql- CHGAM ASSOCIA;TES PTANNENS AIIID ARCHTTE$TS NUi,IBER OF COFIES SENDNNG (|NcLUDlNe COVER SneErI .4 .,.. @MMENTTT: Mrc, 77!E l* nN ,jffit?pi4<- DEqt)t E tryE 7N fitffiWrt drA^86 G 7w ven -v/t4&6 tl,lN nna| vHEH Vtc &'u/'v+ W OtwctwaYYN utrF IQILiiliri h* i -:: ru] 'o+**'f {fi {F\rt $H$ T +f o I I $]tl ut El dl ht;lLI\lt-l ftt il[o ,E$. fi $kuffii r.li t, !lrii, E$ $slr. Vr\\d F tF r Ii,\5 UJUC:Ag IN3S" ,'trdT.a':v a6-zz-ar !ts tUsl'iLL 4:32Pt't i + 364?S2L57t# 2 l|ti iil- dfr4t) $ C,fifin$|t t il i.$u EI Ii,rnl 'oE^ t$$ h' r\Y F\\d tsts ,| | , ,41P,7r*tr' /, l////,Ve 19 NOTE: THIS PERMIT MUST BE POSTED ON JOBSITN Et T,T,T, TIMES aoo/er,t coMM BUILD PERMT Permit #: 895-0349TOWN OFVEN 75 South Frontage Road Vail" Colorado 81657 970-479-2r3V479-2139 FAX 970-479-24s2' APPLICANT CONTRACTOR OWNER Description: Job Address: Location. . . :Parcel No..:Project No.: 1OO E MEADOW DR 2toI-082-55-001 8t632 81632 Add Sq Ft: .00 20.00 SIGNATURE D epartment of C ommunity Status. . . Applied.. fssued. . . Expires. . Development ISSUED to/0s /Leel t0 /05 /teelo4/02/reel TARA MASONRY,P O BOX 146, TARA MASONRY,P O BOX 146, A],PENROSE 75.00 48.75 INC EDWARDS INC EDWARDS Restuarant Ptsn Revi e!r--> DRB Fee-------- co co Phone: 3039262150 Phone: 3039262150 PLANTER ADDITION , Occupancy: 82 Type Construction: V N Type Occupancy: VaLuation: Fireplace Information: Restricted: B2 Type V Non-Rated **********l.***fi**ffi*ffi*ffi**ffi*L*ffiffi* FEE SUltt{ARy *i**ffi#ffiff*********f,**,***** lnhHrrt*rH**trftit* 2,500 #0f Gas App t ianccs:#of Gas Logs:#0f ltood/Pa I tet: Total Catcutated Fees---> ?46.75 Additionat Fees--------> .@ Dept: BUILDING Divisiont Dept: PLANNING Division: Dept: FIRE Division: Dept: PUB I{ORK Division: Investigation> .00 Recreation Fe3----------> .00 Totat pernit Fee--------> ?15.75tli tl, cal,l,----> 3.00 ctcan-Up Deposit-------> 1OO.O0 paymenls--------> 246.75 TOTAL f EES--_-ffi *ffi***ffi rffi rffir#**ffi *ffi fr :Hr**ffi ff *ff ffi *ffi rHrtJrrrt**t**tr**ffi ffi **rffi *ffiffi * Bui tdi ng-----> Plan check---> Item: .05100 BUILDING DEPARTMENT70/05/7995 DAN Action: AppRITE,n:'.O54OO PLANNING DEPARTMENTlO/O5/1995 DAN Action: APPRIIEm:..05600 FIRE DEPARTMENT10/05/1995 DAN Action: AppRIIEm:'.O55OO PUBLIC WORKSLO/O5/L995 DAN Acrion: AppR fi(ffiffi*ffiffit**tffiffiffi***'h'r***lrffi*ffiffiffi*****ir****ff**lrt*ffi*ir*#*rrtr**ffi*ffiir*t****fir*fir See Page 2 of this Document for any conditions that may apply to this permit. DECLARATIONS I. hereby .acknowledge that I have read.this apptication, f il.l,ed out in futt thc infornatiocr regui red, compteted an accurate ptot Ptan, and state thEt att the inform€tion provided as requi red is correct. I agfee to coqly r,ii th tire information and ptot il,an,to.co[pty trith al'l' Tovn ordinancas -and state taws, and to buitd this structure according io- thc Toun,s zoning and subdivisioncodes, design reviev approved, Uniforn Buitding Code and other ordinances of the Tor,n aFpticabte thereto- REAUESTS FOR INSPECTIONS 5HALL BE I{ADE TI,'ENW-FOUR HOURS IN ADVANCE BY TELEPHONE FICE tRo S:00 A[ Send C lean-Up Deposit To: {S^"*uoruo ...fofilv e7o - 479-2 I 3 8/479-2 I 3 9 WWr?ffiz ADD/ALT coMM BUrLD PERMT- Applicant: TARA MASONRY, INC 30392 621s 0 Job Address: Location: Parcel No: 2101-082-56-001 Description: PLAI{TER ADDITION Conditions: 1. FIRE DEPART!4ENT APPROVAL IS REQUIRED BEFORE STARTED.2. FIELD INSPECTIONS ARE REQUIRED TO CHECK FOR ************************************************************** Applied: Lo/O:5/!995 Issuedr lo/05/1995 To Expire t 04/02/!996 ANY WORK CA}I BE CODE COMPLIANCE. t7 **"uo'uo PERI.IIT APPLTCAITOI FORT,T DATE: Legal Description: rn|-_g/ ntoeL .fap'ett Owners Name: ' T/^,lt ^-^// 'APw.re rroN I'tusr BE FrLr.ED our col.tpr,ETErry oR trlW.W, ******* ****!r*********l**** ** pEnurr nrpoailarroil{ *rrr*.*******l I l-Electrlcal I Job Name: Architect: General Description: Nunber of Dwelling Units: _ Job Addrees: [ ]-other Address: BxeLa* .Work Class: I J-New I l-AlteratLon [ ]-Aclditional [ ]-Repair [ ]-other_ t Nunber of Accomnodatlon Units: Ph. ^ llpmber and Tlpe of Firepraces: Gas eppriances- cas r€gs l{ood,/perlet_vlr********************************* VN;uATIONS ******************************it**'v 1A\JUly-lL,pllgr 1^_2LJ 00. - ErJEerRrcAr.: t_ ornER: lLUuBrNc: lzx #qNTA4gI9R INFqRMATION * * * * * * * * * * * **** * * * * * * * * * * * Electrical Contractor: ..-yt--1t-..4e 07> - o JvT Address: . - - \r Town of VaLl neg. NO._ Plunbing Contractor:Ailffi;: r'\""'rcrtr;'|'('L' ')A/37a:s , -T:T^".fr ysil,n"s. NO. Phone Nurnber: Mechanical contractor: qta-a1 Town of varl Reg. No._Address: phone Nunber: *** F;r:::,"""'T7:H,'raH-;;'tilb'4?Fry"'"ri6-;i-;;iir'i,:-;;jiT5Phone Number: 426- Z@ ?5- o'3 ********************************FORBUILDING PERUTT FEE:PtI'}!BING PERIITIT FEE: I.IECTIAIITCAIJ PER!'IT FEE: ELECTRTCAI, FEE: OTHER TYPE OF FEE: DRB FEE: oFaIcE USE ** * ** * **** * * * * * * * ********* ***** BUTLDING PIJAN CHECK FEE: PLT,IIIBING PIAN CIIacK FEE:UECIIAI{ICAI PIjAIT CTTECK FEE3 RECRTATION FEE: CLE,AN-UP DEPOSTT: BUTLDTNG3 STGNATURE: zoNfNcs SIGNAIIT'RE! CI.EAf, TTP DTPOSIT NFT'f,D !O: t:MEMORANDUM ALL CONTRACTORS TOWN OF VAIL PUBLTC WORKS DEPARTMENT MAY g, 1gg4 WHEN A ''PUBUC WAY PERM|I'*IS BEOUIRED .TO: FROM: DATE: RE: Job Name: Date: Please 1) 2) ls this a new residencs? ls demolition work being performed that requires the use of lhe right of way, easements or public propegy? ts any utility work needed? ls thE driveway being repaved? ls different access needed to site other than existing driveway? ls any drainage work being done affecting the right ol way, easements, or public property? ls a "Revocable Right CI Way permit' required? YES /_"__- NO / / /-.-* 3) 4) s) 6)u 7)/_/ 8) A. ls the right of way, easements or public property to be used for staging, parking or fencing? B. It no to BA, is a parking, staging or fencing plan required by Community Development? !f_V9u- algwered yes to any of 'these questions, a 'Public Way permit" musl be oblained.?ublic Way Permit' applications may be obtained at the public Work's otfice or atCg.Ttqtultty Development. ll you have any questions please caltCnarlie Davis, the Townof Vail Construction Inspector, at.479-21 Sg.- I havg read and answered all the above orre-ctioncread and answered all lhE above questions. lowtt 75 rculh trEn|!g. rord U|al, colortdo StSSt (3ost 479-2t,3E ot 479-2139 o lOs FROM: DATE: suB.TEgt! Read and acknosledged by: Ar..L coNrRAclrloRs cuRREltrLyL REGTSTERED l{rrrr TIIETOVIN OF VAIL . TOWN Or VArL PUBLIC WORKS/COUUINITT DguEIOpUENt uaRcH 16, 1988 CONSTRUqf,TON PARKTNG & MATERTAIJ STORAGE rn sunrnary, -ord5.nance No. 6 states that it_ls unrawful for anyperson to ritter, track or aep-sii. "tiy-riirl-"IJi, sand, debrisor nateriar, incruding trash i'npsteri, fi#"brJ''toirets andworknen vehictes. upon-any street', sia"rai[, -;iily or publicplace or anv porti-on th;i";i.--iire right-of-way on arr Town ofvail streetl lnd.roads is approiirnolEiy-s-it.-iti pavenent.This ordinance wr' be ;tti;ii;-entorced by the Torn of var.rPublic l{orks oepartuent. --p"i=ins touna vriratrni this ordinancewilr be siven a 24 hour *tiit"i-i"ii""-t"-;;;;:"."id nateriar.rn the event the'erson so notitiea.aoes-not liiprv rith thenotice within ao:^_r1 rrour tirne-Iiectried, the puLric !{orksDepartuent wilr renoie saict nateiiar ii-it "-'I*pli=e of personnotiried- rhe rroviri""r-"r-Iiii-."aii"# :fifii not beapplicable to c-onstruction, *iri"rr"rree or repair projects ofany street or atrey: or any'utiiiii; -i; 6.-;iil;_a_w!y. To-review ordinance No. 6 in ful}, please stop by the Town ofvail Buirding Departuent to "riiin a copy. rlanic you for youreooperation on this natter. --Er ' "'qr'r\ Jeu rsr your (i.e. contractor, owner) .o.2,\) \ ivv ' e0il,fltdl, DEV' i?.'il'i'"i tilFl=.._il gj3f llis beHfF zJ i.r, fi FS "*+t" S3ot+* :: . $ $,s HF zf.{rt{_ P SLg z.5$- .$ bd Li tJz.d<lssf|/)fiIi O-M+ Lr.tXF.Sr* (rF ct'' i3 r.6?6 =.>.!' CFgD- 5qE !388;u!E=o'sd.d @ Lz3 % \ ll !\t.\i-S!\i\ i .l t i : l. 1 I,i .t ,.i +;\'-tI) -F o$ OZ 1i <Ff T+f Kf O--n '-Fl r e5gITI g QFr r=.T' o99' g s ut td ttB a,t Etd< ,"fo .O, "$ s Y.tlt rt. R =4r \tl- 11 Ez:) \ '$ JJ,t\s?r1=s Nf a1/ FritzlenPierceBriner ancurrEcrunE pr-nNNrNc wrnnrons i0V . {,0MM. DEV. DEPT. CL?, (*} L&,.rCJ l-Ll-l-a g c =o TOWIIOFVAIL 75 South Frontage Road Vail, Cobrado 81657 303-479-2107 / FAX 303-479-21s7 t-€-c: Mike Mol-lica Enclosure Ofice of Town Attorney April 26, l-994 Corky MessnerAttorney at Law 1?17 Washington Avenue Golden, CO 80401 Dear Corky: As you requested, I have enclosed a copy of Town of Vail Municipal Code Chapter 18.57., Employee Housing. rf you have identified an owner of a condominium unit or dwellingunit who is willing to deed restrict that property as an ernploye-.housing unit that meets the specifications of our Employee HbusingProgram, as amended from time to time, it would be acceptable todeed restrict that property and thereby create an emproyee housingunit. within t,he Town of vail. This wourd rerieve Lhe obligation oihaving to find a unit on the market, deed restricting it, andra<a'l I i nrr t-ha rrnir- rf you have any guestions or conments, pl-ease feer free to contactmyself or Mike Mollica. Very truly yours, Town Attornev MEMORANDUM April 15, 1994 Cisero EHU Mjke, on April 14, 1994, I received a telephone call from Corky Messner, attorney at law, (278- 3300) following up on our meeting with Ken Wilson. Corky inquired as to whether or not Cisero could meet his requirement of providing an employee housing unit by locating a unit that is presently owned by an individual wtro meets the employee housing restrictions and placing deed resrictions upon that property. This would a/oid his having to locate a piece ol property, acquire it, and ttren resell it as an employee housing unit. .,* .1,A9,?.I \;".-rr,-( ,^-/ Tb f, Tom MoorheadFR: DA: RE: Please aduse me ot your thoughF in this regard. Thanks./6* I -=> 7h ,; "//o-J/a, ds * z-.2. /*.4 / /ft;, a-hrtavtt * ; i a O==. _f:J:ita, o*B'If,l3=,g?'* '- X An 'RDTNAN.E coNsnrunNc A mA,oB A*END*ENr ro spE'A. g#*+b- "$.*DEr! rcr No. 6 ; niienrx c a"o n eenrcfr fr85 g"Tbtl ; iffffib,"-Trft?"[6.T.i G' t sERlEs oF 1987, To AMEND THE coNDlTloNs oF APPROVAL FoR UNIT No.30, PHASE l, vAlL VILLAGE PLAizA Got{DolilNruMS; AND SETnNG FoRTH oerrurc in REGARD THEBETO. BE 1T ORDAINED by the Town council of the Town of vail, cotorado as foloyvs: Seclion 1 - leoislative Intent A. On November 21, 1989, the Torn Councilpassed frinance No.24, Series of 1989, ametdir€ Sec{ion I of Ordinance No. 14, Series of 1987,by tre addition of Subsection 9 placing certain restrictions on the use ol condominium unit No. 30 of he VailVillage Plaza Condominiums. An application has been made to the Town of Vail to repeal Subsection 9 of Section 11 of Ordinance No. 14, Series of 1987. The Planning and Environmental Commission of tre Town, on December 7, 19g2, held a hearing on the proposed amendment and has submitted ib recommendation to the Town Council. The Town Council finds that the review criteria of the Town of Vail Special Development District Ordinance is met by the proposed amendment. Section 2 Subsection 9,8 of Section 11, Ordinance No. 14, Series ol 1987, is hereby repealed and reenacted to read as follows: A. The applicant or his suc@ssor in interest shall provide the Gommunity Development Department of the Town ol Vail with prool of ornerchlp ol an employee housing unit (EHU), in a form acceptable to tre Torrn Attomey. Said EHU shall meet the following terms and conditions: 1. lt shall consist of a minimum of 700 square teet of gross residential floor area (GRFA); 2. lt shall have a minimum of two bedrooms; 3. lt shall be located within the municipal limits of the Town of Vail; 4. lt shall be a unit which, prior to the efte6{ve date ol this ordinance, was not restricted as a Town of Vail Employee Housing Unit; B. c. D. It shall include two on-site parking spaces gg it shall include one on-site parking space and shall be located on the Town's municipal bus route. It shall not be divlded into any form of time shares, cost shares, interval ownerships, or fractional fees; It shall be leased only to tenanb who are tull-time employees who work in Eagle Gounty. For the purposes of this section, a full-time employee is one who works an average of a minimum of 30 hours per week; It shall not be leased for a period less than 30 consecutive dap; No later than February 1st of each year, the owner of the employee housing unit shall submit two copies of a report on a form to be obtained from the Community Development Department, to the Gommunity Development Department of the Town of Vail and fre Chairperson of he Town ol Vail Housing Authority, setting forth evidence establishing that each tenant whom resides within tre employee housing unit is a full-time employee in Eagle County;and The provisions set torth in this Section shall be incorporated into a written agreement in a form appro.,,ed by iha Town Attomey which shall run with the land and shall not be amended or terminated without the written approval of the Town of Vail. Said agreement shall be recorded at the Eagle County Clerk and Recorder's Office. Section 3 lf any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not atfect the validity of the remaining portions of this ordinance; and the Tonrn 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, sentsn@s, clauses or phrases be declared invalid. Section 4 The Town Council hereby finds, determines, and declares that this ordinance ls necessary and proper for the health, safely, and welfare of the Town of Vail and the anhabitants thereof. 5. 6. 7. 8. 9. 10. > I , ' o Sec'tlon 5 The repeal or the rcpeal and rcenacfrnont ot any provtsion of tre Munlcipal Cocle ol the Town of Vail as provided in this ordinance shall not affect any right whicfr has a@rued, any duty imposed, any violation that occurred prior to the eftective date hereof, any proseortion commencsd, nor any other action or procoedings :ls commencsd under or by viftte of the provision repealed or rcpealed ard reenactod. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated hersin. Sectlon 5 All bylaws, orders, resolutions, and ordinances, or parts thereol, inconsistent herewith are repealed to the extent only ot sucfr Inconsisbncy. This repealer shall not be construed to revise any by'aw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIBST READING this - day of 1992, and a pubtic hearing shail be hetd on this @inance on the day of . I 992, at 7:30 p.m. in the council chambers of fte vail Municipal Building, Vail, Colorado. Ma€aret A. Osterfoss, Mayor ATTEST: Town Clerk READ AND APPROVED ON SECOND READ]NG AND OBDEBED PUBLISHED this _ day ol_, 1993. Margaret A. Osterfoss, Mayor ATTEST: Town Clerk TO: o iI6EnfiORANDUM Planning and Environmental Commission Community Development Department December 7,1992 A request for a major amendment to SDD No. 6, to remove a previous condition of approval for Unit No. 30, Phase I, Vail Village Inni100 East Meadow DriveA/ail Village Plaza Condominiums. Applicant: BSC of Vail Colorado, L.P./Frank Cicero, Jr. Planner: Mike Mollica FROM: DATE: SUBJECT: DESCRIPTION OF THE REQUEST The applicant, Frank Cicero/BSC of Vail Colorado, is requesting a major amendment to Special Development District No. 6 (Vail Village lnn) in order to remove a previous condition of approval for residential Unit No. 30, located in Phase l. The applicant is ---- requesting that Section 2, B of Ordinance No. 24, Series of 1989, be eliminated. This section of the Ordinance places certain rental restrictions upon condominium Unit No. 30 of the Vail Village lnn Plaza Condominiums. Specifically, Section 2 of the Ordinance reads as follows: "Condominium Unit 30 of the Vail Village Plaza Condominiums shall be subject to the restrictions of Section 17.26.075 of the Town of Vail Subdivision Regulations if utilized for residential purposes. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof.' The appllcant ls requestlng that Town approval of the request be sublect to the following condltlon: - "Removal of restrlctlon effectlve upon the flllng with the Town of Vail prool of ownershlp of a two-bedroom property wlthln the Town of Vall whlch shall have lts use restrlcted to rental purposes." II. BACKGROUND AND HISTORY The following outline reconstructs the planning processes which occurred in 1989, and . in 1992, allowing condominium Unit No. 30 of the Vail Village Inn Plaza Condominiums to be converted from commercial use to residential use. a. September 26, 1989 - The Planning and EnvironmentalCommission recommended denial of the request to amend Special Development District No. 6 (Vail Village Inn) to increase the Gross Residential Floor Area by 6,000 square feet. This amendment would allow the applicant to convert an existing commercial space (Good's) to a residential unit. The PEC recommended denial of the request, by a vote of 4 to 3, finding that a loss of commercial space in the core was not appropriate. b. October 17, 1989 - Ordinance No.24, Series of 1989 (First Reading) was reviewed and discussed by lhe Town Council, Subsequently, the Ordinance was tabled until the next evening meeting. c. November 7, 1989 - Ordinance No. 24, Series of 1989 (First Reading) was again reviewed by the Town Council. After discussion, the Town Council approved the Ordinqnce unanimously, by a vote of 7 to 0. November 21, 1989 - Ordinance No. 24, Series of 1989 (Second Reading) was unanimously approved by the Town Council, by a vote of 7 to 0, on the consent agenda. August 24,1992 - The PEC unanimously recommended denial, of a request for a major amendment to Special Development District No. 6 (Vail Village lnn) in order to remove a previous condition of approval for residential Unit No. 30, located in Phase l, by a vote of 7 to 0. The request was for Section 2, B ot Ordinance No. 24, Series of 1989, to be eliminated. This section of the Ordinance places certain rental restrictions upon condominium Unit No. 30 of the Vail Village Inn Plaza Condominiums. September 15, 1992 - Ordinance No. 26, Series of 1992 (First Reading) was unanimously denied by the Town Council, by a vote of 6 - 0 - 1 (Bob Buckley abstaining). d. e. 2 III. SPECIAL DEVELOPMENT DTSTRICT CRITERIA The criteria to be used to evaluate this proposal are the nine Special Development District ($DD) development standards set forth in the special development district chapter of the Zoning Code. The criteria are as follows: A. Deslgn compatlbllity and sensltlvlty to the lmmedlate envlronment, nelghborhood and adfacent properties relative to architectural design, scale, bulk, buildlng helght, buffer zones, ldentity, character, vlsual htegrlty and orlentation. This request involves no physical changes to the existing building, architectural design, character, or any of the other review criteria stated above. The staff believes that this development standard is not applicable to the applicant's request. B. Uses, activity and denslty which provlde a compatlble, efficient and workable relatlonshlp with surroundlng uses and actlvity. As indicated in previous staff memorandums regarding the redevelopment of this condominium, the staff continues to recognize the difficulty of supporting second and third floor retail uses within this part of the Village. We also continue to support the goals of the Land Use Plan, as well as the Vail Village Master Plan, which indicate that one of the methods of strengthening and"- continuing the existing Village Core vitality is to encourage both high-quality relail and a short-term bed base. Additionally, because the applicant's original requesl was for an increase in density (i.e., GRFA) the staff continues to maintain that there should be a positive benefit to the Town, as well as a furtherance of the Master Plan's goals, for the approval of the requested increase in density. Initially, the applicant's request did not include the restricted employee dwelling unit and the staff was of the betief that the condominium should be utilized primarily for tourist-oriented accommodations and, thus, should be restricted according to Section 17.26.075 (Condominium Conversion) of the Town of Vail Subdivision Regulations. A copy of this Section of the Subdivision Regulations is attached to this memorandum. The stalf does, however, recognize the need for permanently restricted employee housing within the Town's municipal limits. The Town's employee formula calls for 0.4 employees per multi-family residential unit. We believe that the applicant's request, to provide one permanently restricted two-bedroom employee dwelling unit within the Town, would be a positive benefit to the Town, meets the Town's employee formula, and would further the goals of the Town's Master Plans. C. Compllance wlth parklng and loadlng requlrements as outllned In Ghapter 18.52. The Town's parking and loading standards for resldential use have been met with the conversion of condominium Unit No. 30 from retail commercial to residential. D. Conformlty with appllcable elements of the Vall Comprehenslve Plan, Town pollcles and Urban Deslgn Plans. The followlng sectlons of the Town of Vall Land Use Plan speclflcally relate to thls proposal: Villaoe Core-Lionshead 4,2 - Increased density in the core areas is acceplable so long as the existing character of each area is preserved through implementation of the Urban Design Guide Plan and the Vail Village Master Plan. Residential 5.3 - Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.5 - The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. The followlng sections of the Vail Vlllage Master Plan speciflcally relate to thls proposal: 2 - Goal - to foster a strong tourist industry and promote year-round economic health and viability for the Village and for the community as a whole. 2.6 - 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 redevelopment project requesting density over that allowed by existing zoning. 2.6.2 - Policv - Employee housing shalt be developed with appropriate restrictions so as to insure their availability and affordability to the local work force. 2.6.3 - Policv - The Town of Vail may facilitate in the development of affordable housing by providing limited assistance. E. ldentlflcatlon and mltlgatlon ot natural and/or geologlc hazards that affect the property on whlch the speclal development dlstrlct ls proposed. No natural and/or geologic hazards are present or affect this property. F. Slte plan, buildlng deslgn and locatlon and open space provlslons deslgned to produce a functlonal development responslve and sensltlve to natural features, vegetatlon and overall aesthetlc quallty of the communlty. This development standard is not applicable to the applicant's request. G. A clrculatlon system deslgned for both vehlcles and pedestrlans addresslng on and off-slte trafflc clrculatlon. This development standard is not applicable to the applicant's request. H. Functional and aesthetlc landscaplng and open space ln order to optlmlze and preserve natural features, rccreatlon, views and functlons. This development standard is not applicable to the applicant's request. l. Phaslng plan or subdlvlslon plan that wlll malntaln a workable, tunctlonal and ettlclent relatlonshlp throughout the development ol_t!-e speclal development dlstrict. This development standard is not applicable to the applicant's request. IV. STAFF RECOMMENDATION Upon detailed review of the applicant's request to eliminate a previous condition of' approval for Unit No. 30, the staff recommendatlon ls for approval. The recommendation for approval carries the applicant's suggested condition that the removal of the existing rental restriction shall become effective upon the filing with the Town of Vail, proof of ownership of a two-bedroom property within the Town of Vail, which shall have its use restricted to rental purposes, according to the following: '1. The employee housing unit (EHU) shallnot be suMivided into any form of time shares, interval ownerships, or fractional fee. 2. The EHU shall be leased, but only to tenants who are full-time employees who work in Eagle County. The EHU shall not be leased for a period less than thirty (30) consecutive days. For the purposes of this Section, a full-time employee is one who works an average of a minimum of thirty (30) hours each week. 3. No later than February 1 of each year, the owner of the employee housing unit shall submit two (2) copies of a report on a form to be obtained from the Community Development Department, to the Community Development Department of the Town of Vail and Chairman , of the Town of Vail Housing Authority, setting forth evidence establishing that each tenant whom resides within the employee housing unit is a full-time employee in Eagle County. . 4. The provisions as set forth above shall be incorporated into a written agreement in a form approved by the Town Attorney whlch shall run wilh the land and shall not be amended or terminated without the written approval of the Town of Vail. Said agreement shall be recorded at the Eagle County Clerk and Recorder's Office prior to lhe release of the use restriction for Unit No. 30. The two-bedroom employee dwelling unit shall consist of approximately 700-1000 square feet of gross residential floor area and shall include a minimum of two on-site parking spaces. Although the staff believes that maintaining lhe existing rental restriction on the dwelling unit (Unit No. 30) furthers the goals of the Town's Master Plans, we also believe that the provision of permanently restricted employee housing also furthers many of the goals of the Town's Master Plans. In summary, the staff believes that the applicant's request is in conformance with the SDD review criteria as listed in Section lll of this memorandum. oec\memos\W|12792 SUBDIVISIONS C. Plans and descriptions showing how rhc following wilt bc pcrformcd: l. Alt sitc work shall bc brought up to currenr rown slandards unless a variance therefrom is granted ro the applicant by the town council in accordance wirh the variancc proccdures of this Title 17. Thc town council rnay, if it decms necessary, rcquirc additional parking facilitics to meet reguir.:mcnts of owners and gucsts of the condominium units,2. Corrections of violarions cited in thc condominium convcrsion rcport by the buitding inspector,3. Coid+1{-nium projects shaJl meet currcnt Uniform Build- ing C,.r-Je requircmcnts for hcat and firc dctcction deviccs and s1'--rtcms. (Ord. 29 (1983) S l: Ord. 2 (1983) $ I (part).) 17.26,075 Condominium conversion. Any applicant seeking to convcrt any accommodation unit within-thi'town shatl cimply with rhi rcquircmcnts of this ( section. The rcquircmcnts contained in this scction shall not \ apply to structures or buildings which contain two units or less. A. The requircmcnts and rcstrictions hcrcin containcd shall be included in thc condominium dcclaration for rhc projcct, and filed of record with thc Eagle County clerk and rccorder. The condorninium units crcatcd shall remain in thc short rerm ( 2984 @ (vril I l-15-t3) CONDOMINIUMS AND CONDOMTNIUM CONVERSIONS ren{al market 1o be used as tcmPorary accommodations availablc to the gcneral public. t. An owne r's ocrsonat use of his or her unit shall be February lst to March 20th. This seasonal period is ffihigh scason.' nowncr's personal use" shall bc defined as owner's occupancy of a unit or non-paying gucst of the owncr or taking the unit off of thc rcntal market during the scasonal !.!:S!-olr.2. A violation of thc owner's use restriction by a unit ouner shall subject the owner to a daily assessment ratc by thc condominiunr association of three timcs a ratc considcred to be a reasonable daily rcntal rate forthe unit at thc time of the violation, which asscssment whcn paid shall bc common elcments of the condominiums. All sums assesscd against the owner for violation of thc o*'ncrb personal use restriction and unpaid shall constitute a lien for thc benefit of the condominium association on that on'ner! unit, which lien shall bc cvidcnced by writtcn notice placed of record in thc officc of thc clcrk and recorde.r of Eagle County, Colorado, and which may be collectcd by foreclosure, on an on'ncr's condominium runit by the association in like manner as a mortgage or dcid oftrust on reat property. The condominium associa- tion's failure to enforce lhe owner's pcrsonal use rcstric' tion shall give the town the right to cnforce thc rcsriction'by the assessment and the ticn providcd for hereunder. If' '. the town cnforces thc restrictionr thc town shall reccivc the funds collected as a rcsutt ofsuch cnforcement. In the cvcnt litigation results from the cnforcement of the rcstrietion, as part of its rcward to the prevailing party, thc court shall award such party its court costs togethcr with reasonable attorney'r fecs incurrcd. 298-5 ' (vril l2-l-t?) pcriods refcrrcd to hcrein for any reason othcr than for nccessary rcpairs which cannot bc postponcd or which may makc the unit unrentablc. OccuDancv of a unil bv a lodec managcr or staff cmploycd bv the o SUtsDIVIS!ONS 3. The town shall have the right to reguire from rhe condominium association an annuat report of owner! pcrsonal use during thc high scasons for aI convcrred condominiurn units.4. The converted, .lodBe units shalt not be used as pernlanent rcs r-dc nccffi @all be preiumcd ro bc a permanent resident if such pcrson has rcsidcd in thcunit for six consccutivc months notwithstanding frorrr lirrrc to tirnc during such six month pcriod thc - pcrson may bricfly dwcll in othcr places, B. Any lodge locatcd wirhin the town which has converted accommodation units lo condominiums shalt continue lo nrnr-,iJr .!!.! ^!11. !",' | ^,1 ^ ^ f. -ili I i -. - - J .--,,.'^-. i-.r,,ri- -rvvEw roerrrrre'I' grre ila irwaj ariLiijijiriEi . a customary marketing program. C. The convcrted condominium units shall remain available to the general tourist markcr. lf unsold thirty days aftcr rccording of the condominium map, the unsold con- vertcd condominiums shall be required to be furnished and made available to the generat tourist market within ninety days after the date of recording of the condo- . minium map. This requirement may be mgt -ly_inclusionof the units of the condominium project at comparablc rates, in any local reservation system for the rcntat of lodge or condominiurn units in the town. D. Thc common areas of any todgc with converted units shall remain common areas and be maintained in a manner consistent with its previous character. Any changes, altcra- tions or renovat;ons madc to common areas shalt not diminish the size or quality of the common arcas. E. Any accommodation units that were utilized to providc housing for employces at any time during thc thrce ycars. previous to thc datc of thc application shall rcmain as cmployec units for such duration as may be requircd by thc planning and environmcntal commission or the town council. F. Applicability. All conditions sct forth within rhis siction shall bi made binding on tlrc applicant. the applicantb successors. heirs. personal repr*cntativcs and assigns and shall govcrn thc property which is the subjcct of the application for the lifc (vail l2-l-87) ;298-6 ,; \.CONDOM I I..JI U M S AND CO}i.DOM INI U M CO}iVERS IONS of thc survivor of the prescnt town council plus twenty-one ycars. Conversion of accommodation units localed within a lodge pursuant to this section. shall bc modified only by the writtcn agrcement of the to\r'n council and rhe owner or owners ofthc units which havc becn converled into condo- miniums. The docutncnts crcating and govcming any accommoda' tion unit which has becn convened into a condominium shall be modificd by thc owncrs of such units only with thc prior u'ritten approval of thc town council. G. Procedure. Thc conversion of an accommodation unil in an cxisting lodge shall be accomplishcd pursuant to the sub- division rcview proccss. Thc applicant shall provide the following documcntation to the town at the time of the application to convert accommodation units located in a lodge to condominium units: l. Proof of ownershipl2. Site invenrory for the propeily indicating in detail the a ct u a t t o c at i o n of -a il!"anr en i t i es s e rvin! t fi e1 o d ge I 3. Affidavit of scrvi'ces provided as is'called for in sub- paragraph 2 above: 4. Designation and dcscription of all emplope units; 5. Plan of improvements to be made ro thc ProPeny along . *'ith estimated costs thcrefor. (Ord.2l(1987) $$ l-3: ord.2(1983) $ I (part)') 17.26.0E0 Aclion on preliminary map. A. Ar the hearing on thc preliminary map. the planning commis' sion shall considcr whethcr the proposed conversion is consistcnt u,ith thc following housing goals of rhe tou'n:'.. l. ' ,To cncourage continuation of social and economic ' divcrsity in thi town through a variety of housing typcs:i 2. To cxpand the supply of deccnt housing for low and'' . .) , , moderate income families: 3. To achicve grealcr cconomic balance for thc lown by" increasing the number ofjobs and the supply of housing for people who will hold thcm. B. The commission may requirc rhat a reasonablc pcrcentagc of the convcrted units bc reservcd for salc or rcntal to persons of modcratc income. I .,. I( :l ' .t ' -l' .l 'l ( L-. ,I (. (o(-(o(-(oL.( 298-7 (vail 12.1.8?) t revised 9/4/9L (please print or type) A. AppLICA1IT BSC Of A Colorado VaiI, Colorado, L.P.t Limited Partnership I. This procedure is reguired for any proJect that would gothrough the Special Developnent Oistrict procedure The application will not be accepted untlt all infornationis subrnitted. B ::'"ffi ADDRESS P.O. Box 7, Vail, CO 81658 pg911g 303 / 47 9-2000 c.PROPERTY OUINER(S) tqc rado,Colorado Limited orwER(s) srcNATnRE ( MAILING ADDRESS c,/o Kirkland & El1is LOT_BLOCK SUBDIVISION 1999 Broadwav, Denver, CO 80202 pHONel03/:9fl!l! D. LOCATION OF pROpOSgl .Vail Village Plaza Condominiums STREET ADDRESS.I00 East Meadown Dr., Vai1, CO Condo Unit 30 ISEE Attached E. List.l TT lsEE AttachedLisrl A LIST OF THE TO THE SUBJECT F. A T]TLE REPORT Four (4) copies ofsubmitted: NAMES OF OWNERS OF ALL PROPERTY ADJACENT PROPERTY AND THEIR MAILING ADDRESSES. TO VERIFY OWNERSHIP AND EASEMENTS. the following information must be A. Detailed written/graphic description of proposal; B. An environmental impact report shall be submitted tothe_zoning administrator in accordance with Chapter18.56 hereof unless waived by Section 1g.56.030, exemptprojects; C. An open space and recreational plan sufficient t,o neetthe demands generat,ed by the deveropment without undueburden on avail.able or proposed puUtic facilities; D. Existing contours having contour intervals of not morethan five feet. lf the average slope of the site ist,wenty percent or less, or with contour intervals ofnot more than ten feet if the average slope of the siteis greater than twenty percent. E. A proposed site plan, at a scale not snaller than oneinch equals fifty feet, showing the approximateIocations and dimensions of all buiJ.dings anclstructures, uses therein, and all principal sitedevelopment. feaLures, such as landicaped areas,recreational facilities, pedestrian plazas andwalkways, service entries, drivewaysl and off-streetparking and loading areas with proposed contours aftergrading and site development,. DATE APPLICATION RECEIVEBSDNOV 9 P9AI }PPLICATTON FORM FOR SPECTA! DSVEIOPIIENT DTSTRICT DE\TEIOPMENT PIAI| c,/o Kirkland & EIIis A preliminary landscape planr at a scale not, smaller than one inch equals fifty feet, showing existing landscape features to be retained or removed, and showing proposed landscaping and landscaped site development features, such as outdoor recreationalfacilities, bicycle paths, trails, pedestrian plazas and walkways, r^tat,er features and other elenents,' Preliminary building elevations, sections, and floorplans, at a scale not smaller than one-eighth equals one foot, in sufficlent detail to determine floor areatgross residential floor area, interior circulationt Iocations of uses within buildings, and the gerreral scale and appearance of the proposed development. III. TIME REQUTREMENTS NOTE: The Planning and Environmental Commission rneets on the 2nd and 4th Mondays of each month. An application with the necessary accornpanying material nust be submitted four weeks prior to the date of the meeting. The developer must begin initial construction of the special development district wit.hin three years from the time of its final approval, and continue diligently toward the completion of the project. If the special development district is to be developed in phasesr the developer must begin const,ruction of subsequent phases within one year of the completion of the previous phase. It is recommended that before a Special Developnent District application is submitted, apre-application neeting should be set up with a member of the Depart.ment of Connunity Development. IV. FEES Application Fees are as foLl.ows: F G. A. B. A.v. B. a. b. c. Minor Arnendments: p apprication fee paid: S 19@' oat t'f il4t check *P44 - @i;i If this application requires a separate review by anyIocal, State or Federal agency other than the Town ofVail, the application fee shall be increased by 5200.00. Examples of such review, may include, but arenot linited to: Colorado Departnent of Highway Access Permj.ts, Army Corps of Engineers 404, etc. The applicant shall be responsible for paying anypublishing fees which are in excess of 50t of the application fee. If, at the applicant's request,r Bnynatter is postponed for hearing, causing the natter to be re-publj.shed, then, the entire fee for such re-publication shall be paid by the applicant. Applications deemed by t.he Conmunit.y Developnent Departnent to have significant design, land use orother issues which may have a significant, impact on the community may reguire review by consultants other that town sLaff. Should a determination be made by the townstaff that an outside consuLtant is needed to review any application, Community Development nay hire an outside consultant, it shall estimate the amount of $r,500.00 $ 200.00 c. money necessary to pay hlm or her and this amount shallbe forwarded to the Town by the appticant at the t,imehe fiLes his application with the- bommunity DevelopmentDepartment. Upon completion of the review of theapplicatlon by the consultant, any of the fundsforwarded by the appllcant for payment of theconsultant which have not been paid to the consultant,sha1l be returned to the applicant. Expenses incurredby the Town in excess of the amount forwarded by theapplicant shall be paid to the Town by the appJ_icantwit,hin 30 days of notification by the Town. APPLICATION FORII trOR SPECfAL, DEVELOPT'IENE DI8TRICT DEVELOPIIENT PI.AII Supplenental Infornation to Apnlication I-8. OwnersVail Village Plaza condoniniurn Association: Frank Cicero, ilr. Kirkland & ElLis 1999 BroadwaY Denver, Co 8o2O2 Joseph Staufferc/o Vail Village Inn 100 East lleadow DriveVail, Co 81657 Jann Ltd.loo East Ueadow DriveVail, CO 81657 Claus Frlcke AlpenroseP.o. Box 370Vail, cO 81658 Sally HanlonVall Village Travel 100 East Meadow DriveVail, CO 81557 Claggett ReY Gallery c/o Chris l'[illerVail Village Inn 1OO East Meadow DriveVaiI, CO 81657 Red Sands CorPorationc/o chris Millervail Village Inn 100 East Meadow DriveVail' eo 81657 L & L Ventures Luc & Liz MeYer P.o. Box 176Vail, CO 81658 3I-1.Request removal of restriction inposed by ordinance No. 24, serl.es of 1989, eubJecting condoniniumlUnit 30to the restrictlona of, Section L7.26.075 of, thb Tosn ofVail Subdivisj.on Regulations, subJect to the fol-lowlngcondition: renoval of reEtriction effective upon thefiling with the Town of proof of ownerc,lrip of I two bedroon progrerty wltbin tlre 'llorn of VaiI which! ehaIl have ite use restricted to r€ntal purposes. tll t o -/* ,y'*/ro TH|S rrEM MAY AFFECT YOpR PROPERTY PUBLIC NOTICE 4. A request for a major amendment to SDD #4,Village Area A, Millrace lll to amend the development plan to allow for one single family residence and one duplex Environmental Commission to review the proposed design of the Vail Cemetery to be located in the upper bench of Donovan Park generally located west of the Glen Lyon suMivision and southeast of the Matterhorn ood. Review Board and the Planning and of a Special Development District, a CGI exterior alteration, a minor subdivision, a zohla -ch-ange and an amendment to View Corridor No. 1 for the Golden Peak House, 278 Hanson Ranch Road/Lots A, B, and C, Block 2, Vail Village First Filing. Applicant: Golden Peak House Conflo Association, Vail Associates, lnc., GPH Partners, Ltd., Margaritaville, Inc.Planner: Mike Mollica/Tim Devlin A request for variances for site coverage great$r than 187o, driveway coverage greater than 10%, GRFA in the front setback and wall height, to allow for the construction of a primary/secondary residence to be located on Lol3, Block B, Vall Ridgei2612 Cortjna Lane. ironmental Commission of the Town of n 18.66.060 ot the Municipal Code of the Town of Vail Municipal Building. ; .11 NOTICE lS HEREBY GIVEN that the Planning and En Vail will hold a public hearing in accordance with Secti the Town of Vail on December 7, 1992, at 2:00 P.M. i Consideration of: 1. 2. A request for a Joint work session with the Environmental Commission to discuss the Applicant: Planner: Applicant: Planner: Town of Vail Andy Knudtsen Greg and Michelle Hall Shelly Mello WITHDRAWN .3. located at 1335 Westhaven Drive, more specifically described as follows: A part of the SW 1/q, NE 1/r, Section the 6th P.M., described as follows: Range 81 West of Beginning at a point of the North-South centerline of said Seclion 12 whence an iron pin with a plastic cap marking the center of said Section 12 bears S00'38'56"W 455.06 feeu thence along said centerline N00'38'56"E 122'81 leet to the southerly ROW line of l-70; thence departing said ROW line N66o53'25"E 39.15 feet;thence departing said ROW line S81'23'19-E 165.42 feet to a point of curve; thence 122.83 feet along the arc of a 143.20 foot radius curve io the left, having a central angle of 49'08'51" and a chord that bears 515'57'45'E 119.10 feet; thence S40"32'10"E 3.00 feet; thence 66.30 feet along the arc of a 77-21 loot radius curve to the right, having a central angle of 49"12'10' and a chord that bears 515o56'05-E 64.28 feet; thence S8'40'00"W 90.27 feet; thence N38'42'24'W 224.55 feet; thence S78"10'32"W 101.44 feet to lhe Point of Beginning. MECM Enterprises, Inc. represented by Michael Lauterbach Jim Curnutte 5. 6. A request for setback variances, stream setback, and a site coverage variance at the Manor Vail Lodge to allow the construction of a trash enclosure, located on Part of Lot 1, Block B, Vail Village Seventh Filing/S9s East Vail Valley Drive. Applicant: Planner: Applicant: Planner: Applicant: Planner: Applicant: Planner: Applicant: Planner: A request for a conditional use permit to allow a major arcade (family entertainment center) to be located at the Crossroads, Shopping Center, located on Lot P, Block 5D, Vail Village First Filing/l41 East Meadow Drive. Manor Vail Lodge Andy Knudtsen Charlie Alexander Tim Devlin BSC of Vail, Colorado, L.P./Frank Cicero Mike Mollica Vail Associates, Inc. Jim Curnutte 7. \_ lql71 A request for a major amendment to SDD #6, Vail Village Inn, to remove a previous condition of approvalfor Unit No.30, Phase l, Vail Village lnn/located on Lot O, Block 5D, Vail Village First Filing/100 East Meadow DriveA/ail Village Plaza Condominiums. 8.A request to amend Chapter 18.32, Agricultural and Open Space District, of the Vail Municipal Code, to add "sledding and tobogganning parks" to he list ol conditional uses in Section 18.32.030. 9.A request for an exterior alteration and setback variance for the Vail Lionshead Center Building located at Lot 5, Block 1, Vail Lionshead First Filing\520 East Lionshead Circle. - ,7 *| i 10. Applicant: Planner: Applicant: Planner: A request for a setback variance at constructlon of an exterior stiair more than 5' VailMllage Fkst Filing/143 E. Meadow Dr. Oscar Tang Andy Knudtsen Garton Development Shelly Mello Shopping Centor to allow the grade located on Lot P, Block 5D, 302 VVI Inc. c/o Fred Otto Box 3149 . Vail, CO 81658 Lario lnc. c/o Vail Village lnn 100 East Meadow Drive Vail, CO 81657 Bede Ltd c,/o Luis Pablo Bustamante Paseo DeLa R€forma, 122 Piso Col Juarez Del Cuauhtemoc 066 Mexico David & Elizabeth Cohen 6350 Riverside Drive Atlanta, GA 30328 Manuel Hionda c/o VailVillage Inn 100 E Meadow Drive Vail, CO 81657 Jeffrey & Joyce Diskin 14 Peach Tree Drive Montville, NJ 07045 John Sevo c/o Sevo Corp 3600 S. Yosemite, 1Oth Floor Denver, CO 80237 Guiseppe & Mercedes Cecchi 901 N Stuart St Arlington, VA 22203 Rosalyn M. Abrams 5190 S Logan Drive Greenwood Village, CO 80121 Paul& Penelope Leseur Somerset Bridge, Sandys BoxSB90 Bermuda Ernest Scheller 4074 Heather Court Northampton, PA 18067 Red Sands Corp 100 East Meadow Drivs Vail, CO 81657 First lnterstate Bank of Ddnver cy'o Boudreaux/Harkness, 633 17th St, 13n-077 Denver, CO 80270 BSG of Colorado c/o Frank Cicero 1999 Broadway - 40th Fl Denver, CO 80202 Barry & Bafiara Beracha 128zli! Topping Manor DriVe St. Louis, MO 63131 VailVillage Inn 100 East Meadow Drive Vail, CO 81657 Edmund Haiim 21 Guinea Road Greenwich. CT 06830 Richard & Marlene Uoyds Box 819 Vail, CO 81658 Barry & Barbara Beracha 12843 Topping Manor Dr St. Louls, MO 63131 BSC of VAiI, CO, LP c/o Frank Gicero 1999 Broadway,40th Fl Denver. CO 80202 Rosalyn Abrams 5190 South Logan Drive Greenwood Village, CO 80121 S.A. Lublan c/o Deltec House Lynford Cay PO Box N-3229 Nassau Marvin & Karole Frank 2€0 North Orchard Chlcago, lL ;60614 Edna & Glaus Fricke Box 370 Vail, CO 81658 Douglas Hall 386 Madison St Denver, CO 80206 John & Patricia Gabriel 1 East Ridgewood Avenue Paramus, NJ 07653 Charles & Germain Harmon ColonialDrive New Vernon, NJ 07976 Kirk and Jay Huffard 528 North Street Greenwich, Ct 06830 Inversiones Cafaci, CA 1346 S Green Way Dr CoralGables, FL 33134 Dennie Jagger 1201 Spyglass Drive Austin, TX78746 Kinney Johnson 100 South Dexter Street Denver, CO 80220 Gary & Dorothy Cordes 28 Trenlon Road Tunamurra N.S.W. AUSTRALIA John and Rebecca Moore Box 1146 Sugarfand, TX 77487 John & Rebecca Morres 17 Queen Mary Gourt Sugarland, TX 77479 VVIP5O2 4603 Annaway Drive Edina, MN 55436 Pedro & Adelaide Ramirez . Petunia K-3 Parques Santa Mada Rio Piedras, PR 927 Mexico Carl & Llnda Rless Route 390 Cresco, PA 18326 Ray & Melaine Flutter 18012 Cowan, #200 lrvine, CA 92714 Sylvan & Frances Tobin 101 Cheswold Lane, 5D Haverford, PA 19041 Kinney Johnson 2084 S Milwaukee St Denver, CO 80210 VVlAssociates c/o Cowperthwaite & Co 3575 Cherry Creek N Dr Denver, CO 80209 Sifvia fto De Taragoza Box 9976 ElPaso, TX 79990 Jamm LtC. 100 East Meadow Drive Vail, GO 81657 Richard Liebhaber 1100 Ghain Bridge Rd Box 8210 Mclean, VA 22106 Paul& Penelope Leseur Box SB90 Somerset Bridge Sandys SBBX Bermuda Edward Yingling 3607 North 27th St Arlington, VA n2O7 Patrick & Robin Mars 106 Milden Hall Road Toronto, Ontario CANADA M4N 3H5 Kirk & Jay Huffard e,/o The Equitable Company 528 North St Greenwich, Ct 05830 Karin Wagner-Trustee 4100 NW 101 Drive CoralSprings, FL 33065 Barbara Weinstein 78 Joyce Road Planeview, NY 11803 Wyoming LTD. c/o Vail Bookkeeping & Acccounting 508 E Lionshead Cr Vail, CO 81657 Frank Cicero 200 Randolph Street Chicago, lL 60601 Edna & Claus Fricke Box 370 Vail, CO 81657 Luc & Elizabeth Meyer Box 176 Vail, CO 81658 I Robert Chandler 445 Baker Avenue Webster Groves, MO The GlaggetVRey Gallery 1777 S Hanison Street Denver, CO 80210 Hanlon Family Partnership 385 Gore Creek Drive Vail, CO 81657 Red Sands Corporation 100 East Meadow Drive Vail, CO 81657 Charles & Mary Anderson 5271 Brandywine Way Stuart, FL 3499;7 Charles Fellows 8101 E Dartmouth Ave, A€5 Denver, CO 8C234 Jeffrey & Bonitra Garvey 141 E Meadow Dr, #E-4 Vail, CO 81657 Emily Goodwin, Sue Bach, E Goodviln 11 Parkway Drive Englewood, CO 80111 Heyda & Hamed Santaella Box 1917 Mayaguez, PR 709 William Hokin 875 N Michigan Ave, #]7 Chicago, lL 60611 John S. McDonald Co Box 1309 Dublin, OH 48017 Trevina L P 100 Park Avenue New York, NY 10017 Kenneth & Jan Harding 206fl) Broadway, #1 Boulder, CO 80302 Edc Langslet Ness, Ornulf 48 Woodblne Burgenfield, NJ 07621 Gladys Law 1012 Swink Avenue El^^L., E^..l r-r-! O{na?I tvvn, I vavr r/v rJ lv9, Edward Mayne Jr. Trustee 100 W Long Lake Road f220 Bloomfield Hills, Ml 48013 Joseph Obering 750 N St Paul, #1530 Dallas, TX 75201 R.P. Smith Company Box 700 Evergreen, CO 80zl(19 Ruth & Mede Sachnoff 5171 ldylwild Trail Boulder, CO 8030't HC & Victoria Schaefer 11 Wellington Place Grosse Pointe, Ml 48230 H. Willlam Smith 175 E Main Street Norwich, NY 13815 Sydney & Janet Young 43 Gedar Wood Circle Myrtle Beach, SC 29577 Burtis Dolan 280 Meadowbrook Drlve Northbrook, ll 60062 63119 Kennedy & Co 30 Kerby Road Grosse Pinte, Ml 48236 Packard Anderson Crossroads of Vail Ltd 1567 South Josephine Denver, CO 80210 Mervyn Lapin 232 West Meadow Drive Vail, CO 81657 William Bemell 141 E Meadow Dr, C-4 Vail, CO 81657 Maggie Eastwood c/o Eastwood, Roy 1900 Avenue of the Stars Suite #227 Los Angeles, CA 90067 Marilyn Fleischer 62 East Meadow Dr Vail, CO Bt6S7 Sharon Glaser 719 Linden Drlve Beverly Hiils, CA 90210 Allen & Barbara Gilliland 12360 Farr Ranch Court Saraloga, CA gS07O Sharon Glaser c/o Herbert Glaser 719 North Linden Drive Beverly Hitls, Ca g0212 H&WPropertieslnc. 5654 Greenwood plaza Blvd Englewood, CO 80111 Lod Hanis c/o Lori Amass 16 Polo Field Lane Denver, CO 90209 Hobert Hodes 660 Madison Avenue Suite 2210 New York, Ny 10021 Amos & Floy 315 E 68th Street New York, NY 10021 Roland & Rosemarie Nobis Box 3111 Bloomington, lN 47402 Fred & Carleen poland 5000 E Quincy Ave Englewood, CO goi lO Richard & Karin Genova 92013 68th Avenue Forest Hills, Ny 11975 George Shaffer 6827 Cedarbrook Drive Birmingham, Ml 49010 Betty Lou & James Shebrin 7701 Broadway San Antonio, TX 7920d t\Iadin Jervis David Bott Cromwell House, Marston Moor Fuhrood Preston Lancashire, ENGI-AND Jose Alvarez et al Moliere 59-10 Mexico 5 DF, MEXICO David Bradshaw One East Wacker Drive Chicago, tL 60477 Allison Butts 4523 Dorset Ave Chevy Chase, MD 2OglS Thomas & Mary Darah 1309 Frontier Longmont, CO 80501 Fluben & Laura Catan c/o Elecom Supply Co 3940 Hancock St, #20S Sanniegc, CA g2ilO Esther Geifman Demizrahi c/o Geifman, Gregorio & Amor 13 Vail Road Vail, CO 81657 Gary & Nancy Freedman Thomas & Patricla Hurlburt 6950 E Belleview Ave #202 Englewood, CO 901.|1 Richard & Gwen Scatpetfo 50 Perkins road Greenwich, Ct 06930 Golden Horizons Inc. 630SPointeC8 Colorado Springs, CO g0906 HarE Mountain lnd HarE Mountain Ind Attn: Jean Kunsmann 400 Plaza Drive Secaucus, NJ 07094 Jacqueline Knepshield Brook Hill Farm Rt 1, Box 328 Middfeburg, VA 22117 Gordon & Dorothy Parrish 3763 Regal Vista Dr Sherman Oaks, CA 91403 Connie & Michael Leech, etal 835 Brook Creek Lane Kirkwood, MO 63122 William McOutchen 12 Sandpiper Road Wesport, CT 06880 Dorothy McKnight 203 Country Club Drive Sterling, CO 80751 Ricardo Merlois Box 1684 Pascagoula, MS 39567 John Oliver James & Lynn Oliver 14403 Cullen Street Whitier, CA 90603 Guillermo Oynick etal 449 S Creek Drive Osprey, FL 3/'229 John & Mary Savage et al 6068 Bosley Avenue Towson, MD 21204 Gary & Janice Scheimer 630 S Pointe CB Suite 101 Golorado Springs, CO 80906 Jerry & Laura Taylor 2555 Indian Mound Birmingham, Ml 48010 VPP No. 15 Corp c/o Caniel Abounrad 5100 San Felipe #193 Houston, TX 77056 James & Jane Watson 6999 South Bemis St Littleton, CO 80129 Paul& Charlotte Weiner 7000 E Quincy, #3014 Denver, CO 80237 Oscar Wyatt c/o Richard Wabon Nine Greenway Plaza, #780 Houston, TX 77046 \I 75 South Frontage Road Vail, Colorado 81657 303479-21s6 FAX 303-479-2157 STATE OF COUNTY OF CERTIFICATION coLoRADO )) ss.EAGLE ) The foregoing is a fulI, true, and correct Ordinance No. 24, Series of 1989, first reading, Development District No. 5, which is included inof the Vail Town Council Meeting held on ?uesday, transcription of anending Specialthe final rninutes October 17, 1989. Date: Se+lemhw 8,141x Time:ld.z lo P.ttrr. Anatfi'- S. Fault^t TOWTI AFVAIL Office of the Town Martha S. Raecker, Town Clerk of the Town of V STATE OF COUNTY OF coLoRADO )) ss.EAGLE ) My comnission expires: rn to before me appeared Martha S. Raecker, Townof Vailr -Colorado, this R'fP day of -, L9 ',f)- . ,res: lt/.tv. If , l'4q3 Subscribed and swo Clerk of the Town I TMNSCRIPT OF THE RECORDED PROCEEDINGS OF THE REGUI-AR EVENING MEETING OF THE TOWN COUNCIL OF THE TOWN OF VAII- COLORADO AGENDA ITEM #2: ORDINANCE NO.24, SERIES OF 1989 COUNCIL CHAMBERS VAIL MUNICIPAL BUILDING 75 SOUTH FRONTAGE ROAD VAIL, COLORADO (303) 479-2100 TUESDAY, OCTOBER 17, 1992 COUNCIL MEMBERS PRESENT: KENT ROSE' MAYOR JOHN SLEVIN, MAYOR PRO TEM MICHAEL CACIOPPO MERV LAPIN GAIL WAHBLICH-LOWENTHAL TOM STEINBERG TOWN OFFICIALS PRESENT: RON PHILLIPS, TOWN iTANAGER LARRY ESKWITH, TOWN ATTORNEY PAM BRANOMEYER, TOWN CLERK CITIZENS PARTICIPATING: PEGGY OSTERFOSS' PEC PETER JAMAR, FEPRESENTING APPLICANT Transcrlotion ol taoe recordlno ol Town Councll meeuno. aoerda ltem #2: October 17, 1989 Aoolicant's Reoresentative PJ - Peter Jamar PEC Member PO - Peggy Osterfoss Town Attomev LE - Lany Eslsflith CouncilMembers ML - Merv lapin TS - Tom Steinberg KR - Kent Rose GW - GailWahrlicfl JS - John Slevln MC - Michaet Cacloppo Town Staff RP - Rick Pylman PP - PetEr Patten KP - Krlstan Pritr KR - Next item on the agenda is Odlnanca N0.24, Serles of ig8g, an odlnance amending Section 8 of Ordlnance No. 14, Series of 1987, to provide lor the amendmsnt of density of the approved development plan for Speclat Development DbfH No. 6. Thls ls also first reading. Peter Patten . . . PP - lt is. Mr. Mayor and members of he council, whal I'm golng to do ls go through the memorandum that the planning staff wrote to the planning Gommission as he presentation of the item. Then I'm going to talk about what happened at planning Gommission and then l'll talk about the ordinance at tho end. The request to amend Special Development Distict 6, which ls ths Vail Village Inn Spedal Dwelopment Distdcil, to amend the total GRFA, the total residential floor area for the SDD to Increase 4,900 sq. ft. Thafs the way the ordinance reads. The orbinal request was for more tftan that amount and the planning stiaff recommended for less than fiat amount. The proposal basically is to converl the goods retail space to a condominium, to residential use. Basically, what we're looking at is a conversion of use from commercial to residential, where the qJnsnt'Goods'clothing store is located. So the applicant originally requested an additional 5,714 sq. ft. Now that takes that space that's up there and it adds some loft space and lt Infllls oth€r area. ThEre is cunently approximately 3,900 sq. ft. of floor area in that space. The apflicant has Hentified 1 the reason lor the appllcation as the locatlon belng an unviable, not a viable, retail space. He has received approval from the other condomlnium owners to proceed with tho application tor the conversion to resldentlal. CunenUy, the totial allowed square footage ln the Special Development District for the remaining phases is 120,600 sq. ft. anC that's of oourse attached to he maior hotel redevelopment that we all hope someday we see In that slte. So, frris would increase that in the ordinance form b 125,500 sq. ft. ln looking at the criteria then for a specialdevelopment dlstrict, the first one has to do with design compatiblllty and sensitivity b the immediate environment, the neighborhood and the adjacent propedies relative to the design scale, bulk, building height, buffer zones, Hantity, cfiaracter, ard so on. Really, there aren't very many design lssues related to his. lt's taking an exlsting spaca and converting it lrom commercial to residential. We would anticipate if the prolect is approved and it goes forward, that the owner probably would want to make some mlnor deslgn changes to the space itself, but at this time that is not being proposed and those cfianges would be dealt with by the Design Review Board, The existing display window down on he street level would remain and be used by Village lnn Sports. The second criteria then has to deal with the uses, activity and densities whlch provlda compatible, efficisnt and workable relationships wlth tre sunounding uses end actMties. I lhink we're all aware that the Vail Village lnn Special Development District is a mixed-use project and has a variety of land uses in lt now, as well as when lt's redeveloped to itrs fullest extent. And, of course, those uses include commercial and resldential in various locations, as well as restauranB and short-term accommodation unib, lodge rooms. One of our goals In the master land use plan, as well as the Vall Village Masbr Plan, ls to malntaln the mix ol uses. We teel that's important to Commerdd Core 1 and its sunounding area, which, of course, this is immediately adjacent to the coftr arsa. This is not atfecting that mix ot use. lt's z changing from one to the othgr, but all of he uses are found in the immediate area, as well as the sunounding area. We do feel that we need to protecil the short-torm bed basa. We teel that we have established a policy, as the Plannlng Commission and fre Toryn Gouncil have in about the last three or four years, where addiUonal resklenual units ha\r6 been requlred to be available to the tourist market, and we do trat through the resfictions contained in the subdMsion regulations wttich requires an owner only to occupy a unit during the high season for a restric'ted number of weeks and lt also requlres the owner to list the unit on the short- term rental market when lt's not in uss. And we leel that those are appropriats in hls Instance, and we'll talk about those in the recommendations seclion. Next we dealwith the parking and loading lssues. Phases I and lt of the VVI contiain basically llttle to no parklng. I wasn't around when those happened origlnally. I would imagine that there probably was some surface parking trat may have been eaten up by future phases, but this is in the odginal phases ol the Wl and what has been occuning ls each phase is developed. Phase lll and then the latest phase, well the latest phase really didn't add any parking, but especially In Phase lll, we caught up a little bit on the deticit. I think there was over a 100 gace deficit when Phase lll was built They built the underground parking garage at that time. They caught up and ftey are somewhere around 50 spaces short. When lhe most recent building was buitf there was no additional parking provlded for on site. The parking was to be provided in the underground parking sfucture. With this particular proposal then, there are no parking spaces that kind of are designated that go along with this spac€. Joe Stauler has anangements with some of his tenants in his spaces that he will lease them spaces in the parking structure ibelf. Currently, we do not have a solid parking proposal for hls particular conversion to residential. We feelthat that's important and will require that to be documented and done belore we issue a building permit. The space s requirement would be 2-112 spaces rounded up to 3. So here would be a parking requirement of 3 spaces. Conformlng wlth he applicable elements of he Vail Gomprehensive Plan, I thing there is probably one in particular, fiat is pollcy 42 In the Master Land Use Plan, which talks about increased density in the cora areas as acceptable so long as the existing character of each area ls preserved through he implementration ol the Uban Design Guide Plan and the Vail Village Master Plan. And I think that that poticy is not in conflict wih the proposal. There are some other criteria here that are really not too lmportant or not applicable, I shoud say, in that our recommEndation for his, and l'll speak b fre 3,927 sq. fL which is existing out ttere, the way this went through the Planning Commlsslon as we wsre recommending approval for the conversion of he existing square footage, 3,927, to resldential use, with the provision that the unit be use-restricted, in other words that it be available according to our restrictions in the Subdivision Regulations available to the triurist market In general. We feel that the existing square footage is sufficient for the succ€ssful conwrsion from retall to residential and that the extra originally 1,787 sq. ft. ls really extraneous and not required, and not really a necessary, if you will, part of the proposal. The Planning Commission, so thafs what wenl to Planning Commission, our recommendation. There was a long discussion at Planning Commission about tris item and I was not presenq so b€ar with me. Peter was present and he can correct me if I'm wrong. The bottom line is the Planning Commission denied the proposal 4 to 3, so he ordinance that comes to you tonight is not one that the Planning Commission has voted for. The Council sses all amendmenb b speclal development disticts, so this would have come lo you no matter whether they had approved it or denied it. There orlginally was a motion to approve ths proposal wlth fre condition that only 50% of the unit be restricted. The Plannlng Commission's ooncem on this item ls that they felt that this was bo large a unit to bo a viable rental unit and they were trying to a compromise with the appllcant to come to a comfort level hat Uris was going to be a unlt that would be okay to create, but only lf lt was going to be d vlable rental unit, and trey talkecl about restricting only part of the unit or actrally dividing the unit into two units. Those were not acceptable to the applicant, is my understanding, apd in the end the Planning Commlssion voted 4 to 3 to deny he request. However, before frrey did that they agreed on a compromise squ:ro footage of 5,000 sq. ft. ls trat conect? PJ - Yes. PP - Okay. So the Planning Commission and DRB . . . excuse me, the Planning Commission and the applicant have come to an agreement that he size of the unlt would be 5,000 sq. ft. maximum, whicfi allo,ns them to add about 1,100 sq. ft. of loft area and in-llll space. But the Planning Commission obviously stillwas not comfortable with the overall proposal, alhough it was a close vote. The ordlnance then ls in the format for you to approve. lt adds, this ordinance would add 4,900 sq. ftt ls that your underctranding of it, Rick, was lhere a 100 sq. ft. difference In here? RP - 4,900 PP Okay. So the total amount allowed in SDD on the second page ol your ordinance at the very top. What youU be voting to do if you pass this ordinance would be to allow a total of 125,500 sq. tt. of GRFA in tre Vail Viltage Inn Special Develqment District. That's an increase of 4,900 sq. ft and again this is what the Ptanning Commission compromised down lo from a larger figure that the applicant hd requested. Now, I would like - and this does not change the other provisions of that SDD, which require a certaln amount of accommodation unib to be built and a certain amount of square leet devobd to lodgs rooms. As some of you may recall, when we passed that ordinance, we required actuatty a minimum number atnount ol square footage devoted to lpdge rooms only so that they couldn't E PP JS PP buitd all condos. At the end of that paragraph I would like to add a sentence hat would say .4,900 sq. ft. of GRFA shall be allocated to Unit 30 of tre Vall Vlllage Plaza Gondominiums only.' And tte reason for that ls that we don't want to Just add 4,900 sq. ft and then have the applicant go ahead and put a rstail store back ln there anyway and all of the sudden ws havs lust increased the size of the SDD. So, the 4,900 sq. ft. inctease, if you approvs it, wouH bs iust for that space only and not just a carte blanche Increass for whoever ends up developlng' you knorv, the ultlmate hotelon site. JS - So he number of unib for Phase lV and V - ls thls In Phase lll? This is in Phase l. So tre number ol unib still stays the same. Joe can stilldo 128 uniF. That's right. That approval is completely unaffected, really, by this whole thing. So that is he one thing I woutd like to add to the ordinancs and we can, Larry and I can work on specific language toward that end between first and second reading. And wiilt that, we will fum it over to Peter who is representing the applicant or questions, Merv. ML - I don't understand the logic of why you woukl allow greatsr density on a project over and above what's been approved that doesn't have parking, thal is a conflict, I think it's going to increase tre conflict that you have between residential and commerclal, I mean, l don't understand, what's the logic of having zoning with the maximum if someone can come in and get 4900 more square feet? PP - The logic is thal the space is there - ML - Well, why not 50,000 square feet? PP - | can't argue the staff are not sxperb ln retiail teasibility one way or ths other, the uses are all on the site, there is resijential uses on the slte and the sunounding area, w€ have adopted policies ln the land use plan whicfi encourage ths mlx of uses, ln one sense lt ls g an increase In density bul in anoher, ifs an increase in density that has absoluEly no eflect ol mass and bulk on the village. We have had ML - So, ln oher words, the house Let me say ong mors thing. We have had a history in Commercial Gore I area especlally. These Vpes ol changes and uses. The Village started out to havs employee units on sfeet level at tho Lodgs. They were converted to retail. There were alot ol second floor aparlments, residential units, in the core hat got converled to commercial space in fte late 70's and early 80's. Some of hose spaces have been 6ven converted back. ln an area where you have the type of mixed use zoning that we have in not only he Commercial Core but in the surrounding areas and especially this ls a mlxpd use projecf, you are constiantly going to have changes of use between residential and cbmmerclal and even other uses on varying levels of all mlxed use projects. And I guess, I'm not here to tell you this is the greatest thing in he world, not al all, I don't think that we're slrongly recommending approval, but what l'm here to tell you is that I think that the applidation ltself ls something that I don't feel is going to create any negative lmpacls, I don't see anylhing thafs golng to be harmed, I don't see the Vail Village Inn project will be harmed by tltris, on the worst end scenario, the project would be harmect by empty retrail space if it ls Indeed not a viable space lor retail or commercial of some sort. I don't buy that argument. I tl,rink there probably could be somebody that goes in there that makes a viable operatibn, but I'm reacting to an applicatlon that's come in to our department and we have to get on one side of the fence or the other and I think that this proposal is not going to create negative innpacts and we will requke the parking to be located in that underground parking structure and I think with that we're looking al something that just isn'l going to be a negative impact. ML Okay, you've answered the use question, but what you're doing is giving 7 someone the Incentive to build a big volume building then come back later and fill it In by allowirp this. Everyone that's got a building that can go with infill, whether it's a hous€ or a commercial buildirg can come back now under your logic and get greatsr density. KR - | don't think its an infill though, is it? ML - Well, yea, he's adding 4900 square feet You're not adding to he shetl. You're saying that there's no adctition to tre outside of the building. They're infilling the floors on the lnside. JS - Yes. Up in the lofl So what's the big problem with that? ML - Well, what's going to stop everyone that has something that is more than 2 stories hlgh, whether ifs the glass house or whsther it's fie houss on, the Chester house that's got a volume to lt, coming back and saying, well lefs infiltthe volume noir? JS - Well, I don't think we do GRFA the same way. He's comparing it to a residential zone districl ML - But, look, it's a residentialuse. JS - No, it's a SDD. PP - Yea, it's a special development district, lts not the same zonlng as you know, what you're talking about and ML - But the SDD has a limit put on it of 120,000 square feet, now you're saying add 4000 square feet PP - Merv, all properties in Vait have a limit on it,hrough zoning. One way or another, you come to a number - that's the ma(imum. The fact is that lor the last 10 years we haven't been atraid of trat maximum number to increass lt and we have in probably 15 lo 20 difierent Instances over the last 10 years in this spocific area and throughout the whole commercial core and the whole Vall Village area. We've done it, I don't need to go through I thg names of the projects, but we have done it In many Inslances, cfranged that residenlial density allowed. ML - Yea, but nhen we odglnally set ln a special development district the applicant was always for as much square footage as hg couH get and that was a quld pro quo, .you give us thls - ws glve you haf. Now they're coming In ard the/ve got a csrtaln volume. In this case I guess 2 stories, that theyre infilling In order to get grEater density. And gr€ater denslty does have an effect, I mean, somsons's going to be in tre 4900 square feet, lt's not going to be lefl empty. You're going to have more people using it. PP - I don't disagree with those statoments. JS - Could we go through the thought process with one unlt as opposed to two units? PP - lcant. Maybe Peggy can. KR - Peggy has a comment. ' (...inaudible) PO I think first of all, he Planning Commlssion telt that it was unfortunate hat in this SDD there was not a first-come, first-serve for additlonal square footage. In othar words, this individual wishes to add space to his condominium *vould not be taking any of the squaro footage away from the rest of the development. We fett a more desirable sltuation would have been lf he rest of the development... he amount of squhre footage of this unil But on the oher hand, felt that is was unfair to lhis particular applichnt that the SDD had not in ftacil been set up that way in the first place. (...) | think subsequerlUy we endeavored to iocus on the outcome and we wers relustant to give up retail space birt felt the second sbry spacs as retrail .... Then the question became given our dlrection in the master plan, which would be that we would try lo encourage retail space or short term rental Cpace, but not spaca that is residentlal I and not rented In the core area. we felt fiat we needed assuranos that if In fac{ this unit was converted from a retiall l0 residential lt would be rented. Ard I thlnk many of us, myselt included, wera @ncemed with the tact that 5000 squarc foot rental unlt was not viable. In other words, ifs fine b say that it's on the rental market, hrt no one rsnt€d it and then the fac-t is that we ha\re lost retail and we have not replaced it with short term rgntal. And that ruas why we spent qults a bit of time and effort trying to readr some sort of compromises we blt would make this a (....) unit I think Merv's concemed with square footage infill ML - Then how do you, granted, when different SDD's, SDD 6 ls different than let's say, we went up and looked at the glass house which is a thres story thing. KR - Well, residential. ML Which is residential. How do you say you can do this resldential, but you cant do that residential because there's less effect up on that hill adding square footage because lhey've got the parking or, you know, in othenvords, they're not creating any more trafiiq all they're doing is adding another couple of bedrooms. How do you add it at th6 Vail Village lnn and not allow someone to allow somsone to add it in their other property? PO - One thing, Merv, I thlnk we felt here would be less parking needed lor the residenUal unit than for the commercial use that has been in place. ML - Unless ifs short term units. JS - Merv, there is one school of thoughl that disagrees with our GRFA ordinance for our residential that says il In fact you do have a twcstory house and you want to stick a basement undemeath it, and you exceed GRFA rules, you're raally not adding anything b it, you might Just be adding a family room but technically you can't do il, so there is a school of thought out there that would tove to cfrange GRFA provisions for resldential also, because .19 that's a bulk and mass hlng that is golng to be talked About probably over the nsrt year or so. PJ - We should pobably hear from Peter here, he's representing the applicanl JS - I've got a question along this one unit vq. a bunch ol units and maybe Peter, well, l'll ask it nor whlle ib on my mind, if you do a ono 5000 squars foot unit, do you mind lf Well, actrally you can only have one lodloff. You can only do one? Right. they do one elght bedroom unit? Have you thought aUbut eigtrt lockoffs and you have a bed ard heakfast small motel, or, I mean you could do that wih 5000 square feet. PP JS PP JS Okay. So if you can only do one, then alain it goes back to her comment that you end up wl$t a huge livlng room and some bedrooms and only one, so you can rent it trvo different ways lhen, thafs what you're saying. PP - !f they want to go, you could just do one lockoff ma<imum in a multi-family dwelling unit. JS - So who wanted to do more than ons unit, was that the Planing Commission or you? Who is recommsnding that they do more than one? PP - Planning Commlsslon. Po - (.....) JS - Planning Commission? Okay, go ahead Feter. PJ Perhaps I can help shed a litde light on thls and some of the rationale for hey, why are we in asking lor his and I am representing BSC of Vailwhich owns the unlt. ML - Who is BSC of Vail? PJ - lt'sapartnerchip. 11 ML PJ Composed of? One of he gentlemen is Frank Cicero, I don't know the other parhers. ML - And they're the owners of the space? The reason I'm asking thls ls because it iusi went through loredosure. The building did, is this part that is through forcdosure or is this separate? PJ - No, thls is a separate condominium. ML - This ls a separale condominlum trat wasn't involved, oley. PJ - t€t me hit a couple of the hBh poinb. I hink that the reason we got a little bit ofl track at the Plannlng Commission was because of the diversity of opinion ai to how is his unit going to be short term rented and I and the applicant created some of lhat confuslon because of the fact that that was sort of a tast minute stiaff recommendation that they had been supporling ihis but then a day or two before fre Planning Commlssion had said, but you'll have to go with these restrictions. So I needed to run hat by my clienl, the owner of he unit, in a vsry short time pedod and not being knowledgeable of what that msant or how and also being an attomey, his initial reaction was no, we don'l want to live with that kind of restriction, so I then proceeded to the Planning Commission, not agreeing witr that conditlon. We have since had the time to sit down and discuss it with the staff and explain lt to the owner and thafs how we've now arrived at the issue as to, wen, he's willing to go along with the restrictions, is this 5000 square foot unit a viable short term rental unit or not? | have contacted the Vall Resort Association. Their recommendation lo m€ was that, heck, yes, a 5000 square foot unit in the Village core is probably one of the most desirable short term rental units in Vail. We have very few of those - those are he first units to rent and I wouH be happy to, if ft comes down to that queston and lU be h+py to taHe this item untlwe can all go ask the VHA ourselves whether that in tad is true. I'm convinced that it's tue, tho owner 12 ls convinced that it's tue, given the numbers of families and groups of people that like b come b Vail and allstay together and be In close proximity and walking distance to the core where you do not need a vehicte. Even though we feel that the rental of that unit wlll not gen€rate the need for the parking spa@s, we are willing to go along with the condition frat says lhat given the conversion of this unit ovsr resHential, wo're willing to provHe the 3 parking spaces that are necessary and there are spaoes available through Joe Staufer at the Vall Mllage Inn for that purpose. Again, I think everyone, he Planning Gommisslon, stafi and mysolf agree that the parking requirement actrally reducgs from 16 spacss to 3 so fiat that's a net improvement. The owne/s initial intent here is hat they would love to keep the space commercial. They would be very happy and I tlrink trose involved wih economics of real estate would agree that its in heir best interest that that's viable commercial space to kesp it commerclal and over the long term that is a much better business decision. I think it's lmportant to stress that it is second and third floor space, and I think the Planning Commission on thelr site visit sort ot understood that the poor utilization of frat spaoe as commercial, we were willing to come to a compromise ol adding half of the square lootage that we had initially intended to add so that the PEC got lairly conlused but we had the opponunity since there was some time between meetings to go back and get a darificaUon of some of those issues. So | guess, the bottom line is we're now witling to restrict the use, we feel that a 5000 square foot unit which would probably be 5 bedrooms is a very highly desirable unit on the shod term rental market. They still prefer to be able to try to use that space as commercial but they would like to have the fall back to be able to utilize fils spaco as residential it it continues to look llke it's not a vlable commercial space. The use is not In question. The zoning allows the use as residential. What's in question is that the SDD is defined g tightly that it does not allow the flexibllity to add any square footiage in any unit anywhere. 13 ML PJ What is the reason why it was defined that tighily? I cant explain tfiat, Merv. ML - lt was pan of negotiations that had to do with what he Wl was gMng to the Town. Doesn't that have to do with part of he park, doesn't hat have to do with part of the condomlnium that, the space below which is now the skl museum? PJ - | don't agree with that concept of SDDs, that I don't think they wEre ever set up KR - There was a big issue, I mean, lt had b do wlth the undedylng zonlng that was on that entire parcel and what increases there were from that underlying zoning, il any, through the SDD prooess and parh that Meru talked about and the whole worls. And lt was tight because it was a long, involved, tough process. Gail and I rsmember that and some other people probably. PJ - | guess what I'm saying is that they wou6 lust like to see some flexibility in being able to use that use as the uses are defined within the SDD and again, I guess I would have to say I don't hink here's any positive impact, I can't come up here and really sell to you that, hey, ttis ls fie greatest thing in the world hat ever happened. I can't foresee any negativB impacts given that they're wllling to ac'tually improve the parking situation. They do have approval of 1007o of the condominium orners whlch own all the adjacent uni{rs. They have gone ahead and received that approval and revised ths condominium declaration in order to use the unit as residential. They agree with att the conditions lncluding keeping tre exterior ap'pearance on the first floor as retail use. So I think it makes some sense to grant that tlexibility. I do believe that the Plannlng Commission was pretty much split 50 - 50 as to whether his was appropriate or not and he conluslon really came in terms ol hs size of the unit. I think Jim Viele, the Chairman of the Planning Commission, put it best, hat ifs one of 't4 those continual line tuning of an SDD that I gusss whether we like lt or not, ifs a tact of tits thal these types of amendmenb and the flexibilily has p be there In oder to end up with land use situations that wotk. I think that Vail is not in termq of the densfi, a ffnely tuned madilne. I thlnk we see glve and tiake, additions, deletlons of diffgrent types of uses and it really ls a constant prooess. I dont think there ls one set top number that we have a system that we hansfer development dghb. I mean, we have gas statigns that evolved into mlxed use r€tiail and commercial and residential uses and lndivldual menbers may agres or not agree with that, but trat's a fact of the way land use decisions evolve and I ihink, you know, he intent here is nol necessarily to do anyhirE positive or negatiye as far as alot of those issues hat could conceivably set a precedent are, they're to try b @nllnus to make that a vlable, livable space and I think we're meeting some of the goals of thg Toirn in brms ol we are adding a unit that will be on the short term rsntal market during hfgh seasons that according b ths VRA is very desirable and we need more of, so I think th6re ers some positive things here. I'd be happy to answer any questions. TS - What happens to the 13 parklng spaces that are assigned to this unlt which allegedly they don't need any more? PP - They don't exlst. ML PP- Yea, th€y're 50 short now. They didn't build parking lor the first couple of phases. There is not 13 spaces you can go polnt to In any where on ths site for this padicular spaos. TS- PP TS PP Would they be required in the future for that whole Vail Village complex then? Yes. You mean the next phase thafs unfuilt? Next phase, or whatever phase there Yes, the next phase will really make up the whole paftirg defcit 15 TS - So the non-condominium owner ls going to benetit to he ttns of 13 long ferm built out spaces by thg lact fiat he doesn't have to supply thls 13 for this condo unit in the total buildout now. The tong term buitdout he is required to meet the parking requlrements. Now, il we allow his converslon, he needs 13 less spaces. Now the condo owner, is he selling those spaces back to Joe Stiaufer so he doesn't have to bui6 them, or is he givlng them back to him and Joe ls going to mako $13O,OOO. because he doEsn't havo to put them in. What's happening here? JS - How does thls affea he rest of the purchase. PP You have to understand this is not the developer, trs entire SDD or the holder of that pool of GRFA or parking so hat this owner ls not required to at any point put in ftose 13 spaces. Ts ' No, I understand that, but Vair Viltage Inn, Inc. or whoever is doing it is ultimately required to build those 13 spaces if we leave it the way it is. PP - That's not really not at all fre way the whots thing worked out at all. We did not..' My recollection, Tom, is that the ultimate buildout of the site will not contain 100"/o of what the parking requirement would be for everything on the slte. I can't go back ard tell you what percentage of the overall parking requiremenl will be built, you know, under he approved SDD, but it iust wasn't that dean a connection. I think that here was a certain amount of klnd of what's there now is there now and lefs plan the hotel, the eventual hotel thafs not built, and get the parking that's going to be adequate for the commercial and residential that's going to be bullt and live with he existing situation. JS - Peter, where does 13 parking spaces come from? PP ' The 13 parking spaces comes from if they propose to build thts big a retail space you divide the totat square footage by 300 and youd get 13. 16 Js - Peter, the point is, il hey're allowed to, that does not affect the number of parking spaoes that Joe has to dealwith his hotel doed it? PP - No. JS - lt shouldn't aflect the SDD requlrement for Joe's parking. PP - No, I dont think lt would. PJ - | think you could make a statemsnt in thb odinance that lt doesn't JS - Yea, we wanl to maks surs it doesnt bebause we knonr he's going to be shod anyway. I remember from those days that ttrere really lsn't an overabundance of spaces and we wers valet parking and all sorb of things to get TS - Well, elther that or he doesn't get to buid as much. Whidr ls where we should be coming from. JS - Right, but I think the point needs to be biought out that if they get to convsn, that does not cfiange any requirements for Joe's parkin!. KR - Peggy, another comment? PO - ljust wanted to make a couple ol other commenb, one concem expressed (....) was that 10 parking spaces are ln fast non-existent when people rBnting the unit ns€d b be taking things like groceries to it and they will probably e*pect a parking spot and presumedly they were allowed to drive to that restricted area (...). Another ltem that t think we included as a condition on this approval (...) that lf In lact this conversion occuni we thought that the double doors that are facing to the south should be closgd and tumed into a dlsplay arxd then ths access should be lrom the west, there's also a doomay coming trom the west so that It you wsre walking along Meadow Drive you would see a dlsplay window rather than a door. JS - A display window for another retail space or somehing like that, ls that what you're saying? | mean for the one next door maybe? 17 saying? pJ - No, I think they'd like to havs the flexibility to ksep it, thelr deslre ls to keep lt as commerdal lf that's viable. The sense is that it's not viable. They hane no tenants running forward to get Into that space, it's historically been a problem. I think at least half the Planning Commission agreed that the changeover in that spacs has been slgnlficant over time and that they would rather see some viable use of that space rather tran boarded up. And whether that space is ever going to be boarded up or not ls purely speanlation. PO PJ JS ML PJ PJ ML Yes. (...) And we're in agreement with that. But you're not sure you're going to drange the space, ls hat what you're Are they the original owners of the space? I don't know, Merv, how long the/ve owned lhe space. Well, but the use ol this space is allowed as commsrclal or resklendal. I don't have a problem because tt€re's already resirJential there. I lhink In ML - Okay, I think the answer to that is no, so they bought he gace knowlng what they were Qetting. I msan, they got a prics on it based on the knowledge that they now have that it doesn't work as commerdat. general bscause of my experience at Crossroads, doing one building mixed and one building not, that fre mixed bullding doesn't work and it creatss problems. The least of which is not the fact of what happens when you want, when the building gets too old and you got to rip it down. There's a real problem between commercialand residential. The problem I've got is adding the square footage. ff they want to change from commercial to residential I don't have a problem with it. Adding 1 square foot more of space to trat building I dont agree nith and will vote against because the negotiations that went on when we did this for 120,000 we got 18 several things out of the developer and now to go back And come In and want to add 5000 square feet to mg is not a reasonable request. Beskles the problems of parking. KR - Peter, I need to ask a question or two. The orBinal request was lor 5700 square feet and now the final request is for 3900 square feet? PP - The origlnalwas for 57ff), the stiaff recommended the conversion of 3900 whlch was the existing square footage and then the Plannirg Oommission compromised with the 5000 square foot flgure which actually com€s down to 4900. KR - Okay, so tonight hen we are at an additiqn of 4900 square feet of GRFA. PP - Conect. KR - Out of the 4900 square feet, how much of that is new space? How much of lt was retiail space, how much of it is new space? PP - Allof it. Allof it. No, I'm sorry, no, tlat's 3900 hundred and some. PJ KR The 3927 is existing. 3927 square fset is existing. 4900 squard feet of additional GRFA then really means an additional 1000 square leet to the building. 1 q00 square feet is the Infill' PJ - And they really only want to add 900, I trink lt was lust rounded oft to a 1000 so that we didn't get into a KH - All right, I'm square on that. Now, when SDD 6 was originally approved and revised and everything else, I seem to remember that there were llmits on GRFA, lhere were limits on commercial space and there limib on the total Square footage of the entire proiec't. Why then, lf we want to allow trls to happen, why then are we not reducing what's alloned through the 5 phases in he entire projed by the same amount that we're Increaslng hls. In other words, if we're Increasing GRFA by a certain number of feet, why aren't we taking a certain number of square footage out of thoir total GFFA that they're allowed or the total rstail 19 that they're allowed? pp - Good question, and the basic answer to that ls that the owners of hat unbuilt squaro footage wouldn't agree to reduce their number for this appllcation. pJ - That's never been a point of discussion and there is no where In the SDD that commercial space is set as a top limit. PP - No, then I didn't understand your question. I thought your guesson was was why aren't we leaving lt at 120,600 and reducing it by 5000. KR - I thought we had a mo( on what could be bullt through he 5 phasos, Period. PP - GRFA. KR - No commercial? PP - Okay, then I did misunderstand the question. KR - welt, I know we had a limit on GRFA. Did we have a limit on commercial space? pp - Yes, there was a limit on ths commerclal space for the unbuilt portions of whatever they proposed. We accepted the development plan, counted up he square footage and said that's the commercial that will be allowed and tre number ls about $16,000 additional. As far as the total trat's out there existing, I dont believe thsre is a total commercial maximum hafs out there in the SDD 6. JS - I've got one additional quic* question. lf they were to come In for additional commercial square footage because they wanbd to add some lofb to this space, what would we tell them? Are they allowed to come in and add commercial? PP - | thlnk they would have to come trrough tha sarne process. I believe they would have to come through the same process. JS - But you're not sure what that SDD says regarding 20 PP You guys are asking some lough questignsl SDD 6 ls not tho cloanest, simplest ordinance that ws have In our zonlng code. lrp tac{, lt look on a creative approach ln about 1973 and we've been fying to dealwith it ever gince. lfs just not hat clsan. lt's not written so that you know because you've done SDDs hgw you get a proposal, you get comforlable with it at one point or another and you adopt the development plan. And that's got x amount of square footage for residential and commercial and locations and uses and this and hai. This SDD ls not fiat clean. There is not an overall one maxlmum number of commercial hat can be built on the entire site. JS - Do we have any SDDs that we'vs incfeased GRFA or commerdd square footage space? PP - Oh, all sorts of them. JS - We have? Sure. Like the Westin we did, we increased it on that didn't ws? PP JS MC How did Garton's Saloon get transfened into condominiums - under what process? PP MC PJ They redeveloped the building and conddminiumized it - each space. There's nothing similar here to that? Could I make a suggestion here Kent I think here's a fair amount of confusion that I'd like to request that we trable this for a few weeks and try to urderstand all the - lU like to before we do that just get some klnd of a reading ol *hat maybe the questions or additional Information are but I'm in lotal disagreement that there's a cap of commercial on the SDD and so I'm not meaning to save that argument, I think Peter bnd I need b slt down and go through the ordinance 21 JS - | think my question regarding Kent harre we added on GRFA in commercial spacs to otrer SDDs I think ls, I'm sitting here wondering ten years trom nof,t, flftsen years from nour whoever ourns that whole building is going to come to you and say rve need to do a redo - a narv SDD - totally redo the building and in order to do lt and we'w seen lhis rec€ntly with a number of buildings in the Village where lt may have to pop out some dormers and come out with the commerclal out to the street and make lt a better fill In and on and on. And ftat will probably be proved at some point in time. ML - And we'il probably pay you as much as $3000 for Erat $10,000 parking spacs. JS - I'm not talking about parking. I'm talklng about r€development In town and people taking a bad spacs and making it good and I think that's what this lellow's trying to do. I don't know. I mean, lt's up to him lf he thlnks residential ls better commercial. Sounds like he hasn't even decided yet. ML - Well, he's got something to sell. He's got an infill and all of a sudclen he got a 5000 square toot unit that you can sell as a resHential unit versus somethlng you probably cant sell too easily as a commercial unit. JS - So do you penalize him or do you squeeze him for what ML - No, what's best for he Tolvn PJ - But Merv, how does that relate back to ... ML - lt's a give and take situation. He's asking for something. lt's a negotiation. PJ - Yea, but how does trat relate back to the health, salety and wellare ol the community? Whether a guy can sell his unit or not? ML - lt will be a healthier town and a safer town it rve got the money to pay lor hose fees. PJ - Well, I would like to table this. 22 GW - One thing that I woutd be interested ls, ls he yiabillty of the leastng of the 5000 squaro teet so when you come back JS W only comment ls golng to be and somebody recently hetd a open house for brokers abovg the River Houss Condominlums, ttlere's a penthouse up there hat the lellor owns and he was short term renting lt and I can tell you there are only a hardful of penhouses in all of Vail Mllage and that's the only one lhat I knoq maybe there might ba one oher, lhat will short term rent GW - How laqe was that? JS - lt was 4000 sguare feet. Vail Athletic Club might have one, but you have a lew ohers. lf you can think of all ol the bulldings in tourn and wtrich might havs a penthouse on it, most are owner-occupied. Well, lt's a penfiouse in the sensE that ifs a top floor 5000 square foot.. ML - With a good view of the Sonnenalp redevelopment. PJ - | do think that's a valid question and we can do some more research on ttat and the statt can do some more research on that JS - I think you're right. I trink the VRA reservationists were at that unit for that open house and that was the reason lor the open house and they were excitsd about having a big unit available. ML - You answered his question ditferent that I read this document. In SDD 6 what is he btal number of square feet in that bullding now? Both residential and commerciat. What's he total number ol square feet? PP - No ldea- ML - But, I mean, is like 120,000 plus the commercial? lefs say 100,000. PP - You're talking about his one buitding? 4. ML - This SDD 6. The next question is, under his proposal, how many square bet will it, square feet - | dont care GRFA, I don'l care commercial, hor many squars feet, will the square feet not Increass by horv much? PP - Say that again? ML - What will be the difference ln the number of square feet before and after thls proposal? PP ML PP ML PP ML PP feet. PJ 1000. 1787? No, 1000 and it could be 900. But the odginal request was for 5714. Yes, it has been knocked down. And now it's been knocked down to 1000. Additional square feet. 3900 exists today. They want another 1000 to infill lofb and add 1000 square I guess our reasonlng there is that we don't want to take a bad commercial unit and make it a bad residential unit and we need to do a site visit and get into fre space and look at it so that everybody undersiands what we're talking about, but the whole ldea in adding the space ls I think when you walk in there you'll see that if you ars to go along with the idea that lt could be utilized as a residential unit, there be no, I don't hinh logical reason to restrict not at least adding enough square footage to make it a good unit ol some kind and maks it a good resldentlal unit. JS - Peter, what happens when he owners of the rest of ths top floor, commercial in the building's @mmon site, we have the same problem. We want to build residential. PP - | hope they don'tl 24 ML - Why do you hope trey don't? TS - what does your study ot @mmercial uses shor. we dH a stldy what 3 or 4 yeane ago. What do we say in that study that should be done? Are we going counbr to that study? PP - To which one? TS - The ono we did on needs of new commercial spaoes In the villages? We did a sfudy several yeas ago. PP - | don't think it's necessarily so, that that study dU shor lhat we could handle more oommercial space but it didn't get into the specitics of what's viable commercial space and what isn't in lerms of specifically where lt's located. I don't think hat ftls ls really going against the retail market analysis, the one we're refening to. PJ - Well, and to answer the land use plan shorils that we have a deficit of 70,000 sguare feet of retail which I know some people tend to disagree with. I agree with. l'll b€ he last one to be in favor of reducing the amount of commercial square feet ln town where it's viable space, where it's ground levelspace or it's in a good locatlon, but I trink there's a real ooncem here for second ard third floor space, that is difficult to get people into that are into ski boots or whatever. TS - Now is there presently third floor In this space or is here only a third floor if we allow the extra 1000 square feet? PJ - There's presently a third floor. ML - lt's a toft rstall space. This is where the old polo shop used to be. PJ - So again, | guess, is there any consensus, is frere any direction if we table this to TS My consensus is lwlllvote no. 25 PJ GW Okay, Gail? The biggest problem I think ls the increase in the GRFA and I guess he question ls, if you switch it from 3900 commercial to 3900 resldential, would you be getting all this static. And then the second question for that, and trat's why its vlability ls, ls this 5000 square fool resldentlal unit hugely better as it relates to tho rental market which creates life and vltality within the core, because we want to, wE nsed bstter hotel rooms. So that's , I guess, what I'm struggling with. PJ - | know where 1ou're coming lrom. ML - To get one more square inch in that buikling whicfr was negotiated, youU have to give me something to make lt worthwhile and I would suggest he $7500 a year of the ski musgum's condomlnium fees. KR - | don't know how viable it is in the first place, Mery, I mean after you buy il and remodel it tor that kind of a use, you know, a lot of dollars in it, thafs not our concem however. I guess what confuses me about this issue is we have granted some additions to SDDs before but I don't know if we've done it on a piecemeal basis. I guess the last one we looked al was the Westin, or whatever name that SDD is, and we looked al parking, we looked at commercial retail, we looked at the spaces that haven't bgen bullt, both in the area of he ruins down there it's called and he Infill space where lhe tent is on tre larvn and where the rockpile is and we understood that whole thing. What I don't have tonlght ls a full understanding of thls SDD. We're piecemealing it and I don't know what's to keep the next guy from coming in next week and biting otf another piece and trat's the part of fie process that I don't like, so for frat reason lwould be reluctant to vote for it tonight. lf I undeatood more about the ramifications of the entire SDD l'd be more willing to look at it ftavorably. JS - One of tre problems is trat you have this condominiumized SDD no,v. Your 26 owner has to get everybody else's approval before he can cfianga his part of tre SDD and horv do you change an sDD when you're just one of many condominium ownsrc. I guess we're saying tonight we could. I don'l seg, qufte frankly, why he needs more than 3900 square feet to make one unit. I mean, that would be probauy one of the five laqest units in Vail Village. There are very few that are over 3000 squar€ bet so to go aborc 3900 to do one unit - it will be a 5 bedroom unit wlth he biggest livlng rcom In Vail Village ard sti[ hare room leftowr. ML - He's going to sell lt to an lran pdnce. JS - lf we were saying he's going to do 5 units and you want them to be 900 square feet each or somehing like lhat, but when you do that then you add more parking. Then obviously you have a lot more parking requiremenb everytime you add anoiher unit, thera's supposedly another family to be there. I think 3900 square feet is plenty blg. ML - You can probably get Konfs approval by saying that theyd take lt wih a dog. MC - I just stepped out for a minute, are you asking how I would vote tonight, is that what your question is? PJ - | have requested that we tabte it and I was just going to try to get a general.. MC - ldon't think I could support lt tonight. PJ - a consensus as to where we're headed, and I think I have a pretty good kJea. Now it does bring up a good queston as to who owns tho square tootage within a zone district and the rights to use it, because, and a for instiance. For Instance, I live at Coldstream. That project has a totial of 65,000 square feet of GRFA. That is a pool of GRFA out there which the proiec-t was maybe built to 60,000, so there are 5000 additional. So as people want to add on they can come In. And they dont go to the developer of Cascade Village or Coldstream to purchase that squars tootage. 27 problem with us going to Joe Staufer and saying, sell us some ol the GRFA, so lt's kind of interesting in the ditferent SDDs , that square lootage is actually owned by lnCividuals and not available to the entirs property. And ln some Instancss it's not, lt's an interestlng polnt that ought to be considered, I thlnk, in future SDDs because I trink you do need to buikl in at least enough llexibillty. I msan, I pity the guy who has to come in here that does orrn a residential unlt in Vail Villag€ Inn Phase I and wants to add a 2500 bot loft and to have b go through this, that he would have to go through this process. So I think we have to be careful about plnning SDDs down to the exact square footage without leaving soms sort of a bit of a flexible amount for fine tuning. You know, I see this as a fine tuning and I guess I'm In the minority and that's okay. But, I think lt's been a good discussion. TS - lt emphaslzes the point that we likely shouldn't have SDDs In the lirct place- We're getting into a bag of worms here that's going to get wors€ as these buiEhgs get older and you have to redo them, they're almost lmpossible. JS - Peter , if you have a duplex lot and there's a duplex on it, and thers's 10fi) square feet ol extra GRFA available to that lot and one of the sides comes to you and says I want to take he 1000, do you say you have to get he permission of the other slde or what do ML PJ you do? PP JS KP KR JS It's probably called common area. No, there's excess GRFA. And all l'm saying is that I think he didnt have any Go for it. You just let them take the 1000? We don't requlre he approval of the otrer side. First come, first serve. Heally?? 28 ' lrrc lt's a racg for the footage. ML - We should tatk about that JS - That's a problem that somsbody can do that and take all of the lot's GRFA" ML Maybe we should have GRFA die after a certain number of years. PJ - Kent, lU like to request anyuray that we table this I guess Indefinitely. PP - Yea, I'd like to tarble it to a speciflc date though. PJ - Yea, let's trable lt to November 13. MC - So moved. PP - Whatever you're comforhble with. KR - ls there a second? JS - Second. KR - Moved by Mike Cacioppo and second by John Slevin to tabte Ordinance #24 on , lirst reading tor two weeks. ls there any discusslon? lt's actually 3 weeks, next regular meeting. KR - All in favor of the motion signify by saying !es'. ALL - 'Yes' KR - Opposed? (pause) KR - Mayor votes yes. Passes unanimously. nr|(d.||.ltoahna. 29 Ary\ico,t< uhU+ 7 4 ..4t Frank cicero Kirkland and Ellis 1999 BroadwaY Denver, CO 80202 Dear Frank: TheTownofVailDepartmentofconmunityDevelopnentis iJcolnnenaing ipprovif of the amendnent to Special Developnent District#5toallowtheconversionofUnit-#30(previouslyUnit Nunbers so .rrd sii-i" iesidential use. However, certain conditions are being suggested: l.ThattheuseoftheUnitberestrictedinaccordancewithVailrs "condoniniun converslontr regulations (copy attached). 2. lhat only the existing amount of square footage il the unit (3s27 reifil) Ue-pernitted as residential. l{e had-reguested tnat yori-t.-iUf" io add 1787 sguare feet to the unit in order to extend loft areas. The requirenents of the condorniniun conversion regulations. - - .,, iequird that condominiums converted fron ottrer uses be available foi short tetn rental and used as follows: ||AnownerlEpersonaluseofhisorherunitshallbe r ^..i restrictea t'o ze days during the seasonal Pefigq. of Decenber f | 24th to -Ji"".w 1st and Febiuary lst to March 2oth. This seasonal-i;;i;a ii-trereinafter ieferred to as ohigh seasonrr. xonrner,s iersonal usen shall be defined as ownerts occupancy of a unit-"r-""":paying guest of tjte olrner or taking the unit ofi of the rln[af-nirket during the seasonal periods referred to herein for any reason other.than for necessary. repairs which cannot le l'os-poned- or which nay make the unit unrentable. occupancy of a irnit by-a lodqe manager or-staff enptoyei-ly tfr" fbagei however, shau not be restricted by this section- rl PETER JAMAR ASSOCIATES, INC. PLANNING. DEVELOPMENT ANAtYSlS. RESEARCH Septenber 21, 1989 Surte 308. Vail Na|onal Bank Burldrng 108 Soulh F ontage Road West . Varl. Colorado 81657 r (303) 476'7'154 Frank CiceroKlrkland and Septenber 21, Page 2 Ellis 1989 fhis requirernent is siurilar to what has been requlred for otherprojects in VaiI when resLdential condorniniun units have beencreated fron other uses. Please review thls inforaation and let me have your thoughtsregarding these conditions. I have attached the Town of Vail nenorandum for your revlew. The planning Cornnrission hearing isnext Tuesday norning. PJ:ne scheduled f o KIRKLAND & ELLIS A t ttNtrsHr? rNctuDrHG Ptottssloll^l colPol^no}{s t9€9 Broadway Dcnvsr, Colo.ado 80202 303 2g1-lx)00 February 25, L992 ttA - \ , tA - k\t(o/*i folnUd ti Fscsimlle: 303 291.3300 Frank Cicero, Jr. To Call Writ€r Direcl: 103 291-3316 Lantrence Eskwith, Esq. Town Attorney 75 South Frontage Road WestVaiI, Colorado 81657 Dear Larry: I appreciated the opportunity to neet vith you and Kristen last nonth, and thank you for your time' As you know, f an very dlsturbed by tle continuing - disadvantag" i" have [een placei in as owners of unit 30 of the Vail Villaie flazi Condoni-niun because our unit was nade subject to the rental restrictions of section ll .26.075 0f the Tol{'n of vail subdivision Regulation when other condorniniuns which the town fras pernitted €o ue built have not been made subject to that itgufiti";t. At tlre tlne the pernits were sought to convert Unit AO to alLow residential ls well as.commercial use' I was inforned that the Town was requiring the rental restriction on ;ii-;;* prtritt"a condoniniuln uses. - I have recently learned that has not been the case, but that the Town has treated other conaoniniuro units noti i..rorably by allowing then to be pernitted and built uithout the restriction. JustlastweekrforexanplerlunderstandthattheTown Council peiritt"a amendrnents and conversion of the Vail Village Inn to alfow a nen condoniniun to be buitt on top of the village rnn Pancake House nithout the rental restriction. f have also Iearned that by Ordinance No. 9, series of 1988' the Town ;;;-iaa"d- irre vair cateway projict to 9o. abead by converting the iroperty fron Heavy ServiLe-Oistrict zoning to Comrrercial Core I bisirict in order io allow for a range of uses proposed, for Special Developnent District 21 vhlch was aPproved.by the same ordinance. That special Development DiEtrict provided for 12 residential condorniniums nithouL the rental restriction. TheVailGatewaycondominiunswerecloseneighbors.to. our condouriniun and nere sales conpetitors. The newly pernitted Village Inn Pancake House condoniniun will be a direct markeErng cornpetitor of our condoninium. Additionally, as I told you, we lost the sale of Unit 30 last Decernber'when the proipective purchaser, nho had made an offer on the property, exanined ttre rental restriction vith his attorney, wiinaiew iris offer, and instead purchased the Chicago Los Angel€s New York Vtashington DC. 7i KIRKLAND & ELLIS Lawrence Eskwith, Esg. February 25, L992 Page 2 Red Lion condoniniun which had been pernitted by the Town sitlrout a rental restriction. The Red Lion condoniniun was anotherdirect conpetitor which nas pernitted on the narket to our disadvantage. The discrininatory treatment by the Town of our Unit in conparison to these ottrers shich I have cited, and perhaps others of which I do not know, in ny judgurent renders the ordinance as applied to us invalid. Additionally, as you know, the Condorniniun ConverEion ordinance also provides for enforcement of the ordinance by a private entity. the condorniniun Association in which the condo- niniun is located. This is a provision which I was not nade aware of in 1989 and, fron discussing this with nenbers of your planning staff, apparently they were not aware of this either. tn ny Judgrroent, tlis prov-ision is an unconstitutional delegationof pover under Article 5, section 35 of the colorado constitution and cases construing that section. I would be interested in your views on this natter after considering the facts I have set forth bere. There is one additional matter. The Condoniniurn Conversion ordinance requires the condoniniurn units to trremain in the short term rental narket.tr As I understand Colorado law, the Town of Vail does not have the authority to regulate the nightly rental rate at which a condoroinium owner rnight choose to put his unit into the narket. In other words, an onner could put the unit into the narket and ask any anount he chooses for a night's rental and the Town does not have the authority to regulate this. lilben ne net j.n your office last month, you agreed that the Town did not have the authority to regulate rental rates and inpose any condition on tbe anount which an owner night ask for rental. I rsould appreciate your confirnation of this opinion as vell. I look forward to hearin yours, FC: jf w-Ll6-fc bcc: Ken Wilson CicEo,Jr. C ?. t t. {.i..r . ".-" I ., , 'f.c, ORDINA}ICE }lc. 9series of 19E8- A}I ORD]}GNCE REZONITre A PART OF IgT N A}ID A PORTTON OF M O, Br.ocK 5D, VAIL \IIIIIAGE EIRST EIIjIIIG rROM HEA\[ SR\ITCE DISRTCI 10 CIff.{RCIAL @RE I }ND FSIABLTSHI}IG SPErcf,AL DEI/EDI}TENI DISIRTCT I{TJMBER 21 EOR A PART OF IT'T N, A}ID A FORrIOI OF ICII O, BIOCK 5D VAIL \rII.',INGE EIRST ETI,I}IG IN ACAORSNG WIIH clN TB, 18.40 OF lHE \TAIL MJNICf,PAJ, @DE AI.ID SETXI}I3 FORIIT DEATI^S IN REARD THMEIO. I,IIIEREAS, Gtapter 18.40 of tie Vai]. ltniciF"r code authorizes slEial Det/elc6rwrt DLstricts tdtbir ttre ltovn ln order to enccurage fLexibility in tlp develryrcnt of lard; ard I{HREAS, atrplication bas been nade for Special Donlopnent District aFpotral for certajn 5n:rcels of prcperlry witiin tlte lohtn lsrs.rn as a part of Iot N, arrl a lnrtior of l-ot O, Bl.ock 5D, Vail Village First Filirrg to be lqn*ln as Speciaf DevelcE rEnt Dlstric*, No. 21, compnly referred to as tlre Vail Gat€lq,ayt ard SHEREAS, atrplication has furtlrer been nade to r:ezore a Part of Iot N, ard a prticr of Id O, Bloclc 5D, Vail Viltage FtJ:'* fiJ.iry ficqo Heavy Sert/ice Dj.strict to cqnnerrial Gre I DisEIct in ord€r to allcrr for tlre rarge of uses ard acfivities prcpcea for SDD No. 21; ard lillEREAS, ln accordarpe wittr Section 18.66.1{0, the Plannirg ard Evi-rcruentat 6rntissicn had a public hearirq crr ttte prcecea zqdry amerrnnent ard t}te prcpcea SDD, ard tras Eutrnitted its recornnerderEiqr to t}te $olull Ccarrpil'; ard lilllREA.s, all rptir"o as required !r1'section 18'56'080 have been sent to the appropriate prties; ard I{HREAS, ttre Tocn Cqrrcll has held a prblic hearirg as rc$riFd tty Chapter 18.66 of the ltrrnicipal Code of the 1tqwn of VaiI' lw{, IHEREfORE, S r ORDLINE) B:( IHE rci'nf dJNCTL OF lHE IE[t{ OF \tArL, @I!RAm, Il[[r: Section 1. :[,re Trc'$rn Ccurpil ffuds tlat ttre praedur,es for a zurirg allErdnent as set fortlr in gtnpter 18.65 of tne !{unicipal Ode of tte Tor.rn of Vail bave been fi.illy satisfied, ad a1l otner requirsnents of the lfurricipal Oode of t}le To$rn retatirg to zonirrg arcrdnents have been fiilly satisfied. Section 2. tE Tc[.m @|rrpil hereby rezones tle property nore trnrtiorlarly described in Dfiibit A, attached her€to, flqr HeaW SeFrice District, to Ccrurercial @r.e I. c ( Secfion 3. Ttre lrown Councif firds tllat all tlp procedures set forth for special t>velofrcrrt Di-stricts in ChaPter 18.4o of the !turricipal Code of the Torvn of Vail have been ftilly satisfied. gec*ion 4. Ihe Elo$rn Ccruncil firds that tne devefognerrt plan for special Dorelcpnent Distric:! No. 21 ureets each of the stardards set forth in Seciion 18.40.O8O of tlre MrniciFal @de of the lor,rn of Vai]. or dsrsrsbatcs tlat either one or nc!'e of tlleltl Ls rpt atrplicable, or tllat a pr:actical soluticn consistent with tlre pblic interest has been achleved. In accordarpe wit}l Section 18.40.040, tlre dwelopment plan for SFecial Develryrcnt District No. 21 is alpsved ad Special Deve1c[ilEnt Di-striet tdo. 2L ts hereby alproved for tJle pncperty desai.bed in D*tibit A. lhe developnent plan is ccnprised uith tiee plans sutnritted try Bff Arnold' Ned G,atlmey, i\rrhitect, rc, ard consi.sts of tlre follourirg dmngf.s: 1. Site plan, dated I'tarctr 28, 1988 2. ELor Plans dated ttarctr 28, 1988 3. Elgrations dat€d l.{arch 28, 1988 4. f.,ardscape PIan dated Mar:rctt 28, 1988 5. Special Der,relcpnent District, lpplication ard Envirorrental Iryact Repor-t as prepared ty Feter Janar Associate, Inc., dated Janrart, 1988' ard revised l'{ar$ 9, 1988 Section 5. lsre derrelcpnerrt stardards for Special Developrnent District No. 21 are aproved by tne lbryn @tncil as a parE of the agnoved developnent plan as follcr'rs: A, Setbacks Setbacl€ slal1 be as irdicated on tlre site plan set forttr in Section 4 of this ordinance. B. Ileicittt Edldiry hei*rt-s stnlt be as irdicated on the eleratiqrs ard rrcf plan set forth in Se<fion 4 of ttLis odinance. C. 6r/er:age Site 6r1renge shall be as irdicated on the site plan set forth in Section 4 of this odinarrce. C -2- .-' D. Lan(. apincl (r C Iy of to The area of the site to be landscaped sha1l be as general on the prelininary landscape plan set forth Ln Section 4 ordinance. A detailed landscape plan shall be submitted Design Review Board for final approval . indicated this the E. Parkinq parking dernands of this developnent shall be net in accordance with the developer's proposal to provide 95 parking spaces- F. Densitv The densLty allowed ln consisting of not more s.D.D. No. 21 Ehall be 12 dwelling units than a total of 13,oOO sguare feet of GRFA' Section 6. Uses as proposed on the development plan as per Section 4 of this ordinance are hereby approved. The PEeE of Special Development DLstrict No. 21 are uses pemitted by right, conditional uses or accessory uses in the Connercial Core I zone dl.strict. The pernitted uses in the special development district shall be the sane as those uses pernitted ln the Cornrnercial Core I zone district, conditlonal uses !n the special development district shall be the sane as the conditional uses listed in the Comnrercial Core I zone district, and accessory uses in the special development district shall be the sarne as tlre accessory uses listed in the Connercial Core I zone district. Section 7. Following are conditions of approval for Special Development DistricE zli 1. The applicant shall secure permission of the property owner of the Standard Oil property to conplete construction of the landscape improvenents as shown in the approved developnent plan for s.D.D. 21 prior to receiving a final certificate of occupancy' 2. -Prlor to-receivl-ng-a- bullding permitithe-appfl-Cint-uust- provLde evidence which is satlsfactory to the Town Council and Town Attoriey tlrat denonstrates the financial ability to conpJ.ete the construction of the ProJect as Planned. ? 3. Construction raust comnence before JuIy lst and the project must be enclosed by November 13th of whatever year construction conrnences. The approval shall be valid for three years' 4. The applicant shall construct a sLdewalk from the southern proPerty . llne of special Developnent Distrlct No. 21 to the north side of the existing Vail Village Inn access off of Vail Road. -3- ( Section 8. AllEndnents to tlre appr"ored de\relotrnent plan *riclr do not e.harge its substartce nay be apprcved L'y the Pfanniry ard Ervi-rorurental @rsnj.ssion at a r€gir:Iarly sc]reduled grblic hearjrg in accordance witlr ttre provisiorrs of Section 18.66.060. Anertrnenits r'Jtrich do clrarge the substance of the develogrnent plan strall be apprcnred ln accordarce wittr Sections 18.66.110 tlrrq$r U.66.150. Ihe Ccrnrunity F elcfrEnt Eeparfunt stalt be solely responsible for deterr.rinirg lfiat constibrtes a charge ln the substance of the dweloprent plan. An atrplication for a aner6nent to this Special Develo[nent District, utridl charyes the sulcstarrce of the develogrnent plan strall corply wittr ttre rcqrrirsrents of Section 18.4O.O30 e)cept tlrat ttre AcmunitY blelognert Oepar+rent shall deternrine ritrieJ. proper+y jn tJle Special Dettelcfnent District is beins ajrc<*fy affected by $clr arertrnent ard the consent of only t}tee otmerls of said prcpe*y shall be r€quiEed to be hcluded in tl:e alpllcation. Section 9. If arqz prt, section, slJbsection, senterc, clarrse of gh::ase of this otrdif)arpe ls for any !:eason held to be jJntalid, suetr decision slralL not affect the \ralidiq' of ttre rerrninjry pottions of tlris ordllarrce; arrt ttre Tctdn ccrrrcil her]eby decLares it $cnrld tnve passed tlis ordjnance, ard each pati, section' subs€dion, sentence, clause or l*lJrase tleleof, regaldre'= of tlre fact that anlt orF or rprre parts' Sestions, subSeCtionS, se-nterpes, Clauses or phl:ases be declared iJl\ralid. Section 10. fte Tqrn CcrrrEil herehy firds, deterrnines ard decla:nes that thts oldlnarre ts necessar? ard prc'per for the bealti, safety ard welfare of the Tqtn of ValL ard tie l$abitants tiereof. Section 11. Ihe repeal or tlp rrpeal ard reenactrusnt of any pro,risions of Vait ldtticipal 6de as prorrided in this ordjnarpe shall not affed. anlz right lrtridl has accued, alry dqty inposed, any violation that ocolzea prior to ttre effec*ive date hereof, any p,rreeortion nor any other.astion or preedirg as ccnunerced rlrder or tryz virtrre of tlre pr:orrlsion repealed or repealed ard reenacted. Ihe repeat of any prcvision herchry slrall rrct revive any prcltision or any ordinance previolsly repealed or sr4rer:seded tnless eryressly stated hspin' II.|IROUTCED, RFAD AlrD PASSD osr EIRSr READIITG Trrrs S_ day of __@I_, 1988, ard a prblic hearirg stta.l.l be heLd on tiis orrlinance on the sth day of April , 1988 at 7:30 p.n. in tlre courcit (tlalbers of the vail ltwricipal Frildhb, vail, 6londo. oldered Flrl.ished in ftfll this 5th day of April , rgsg. READ AND APPRC'\'ED oll SECOI.ID READDJG A}ID ORDRD SJBITSHED tiis 19th day of Anril , 1988. o fb ,-.1. t ..,.- {, , ,-\{-z- li,.f- t/ ta Ct' L976, establishing Special Developnent District No. 6 to unified and coordinated develpnent of a critical site as a in a manner suLtabre for the area in vhieh lt was situated. Special Developnent DLstrict No. 6 provided in Section 14 ORDINANCE NO. 24Series of 1989 AN ORDINANCE AMENDING SECTION 8 OFoRDINANCE NO. 14 SERIES OF 1987 to pnovros FOR THE AMENDI.IENT OF DENSITY OF THE APPROVED DEVEIOPMENT PI,AN T'ORSPECIAT DEVEI,OPMENT DISTRICT NO. 6 Now, THEREFORE, BE rr ORDATNED By THE TowN couNcrL oF THE TowN oF VAIL, COIORADO, AS FOL,IOWS: SectLon 1. f,egislative Intent A. Tn L976, the Vall Town Council passed Ordinance No. Z, SerLes of insure the lrhole and B. that the Town councir reserve the right to abrogate or urodify special Developnent District No. 6 for good cause through the enactnent of an ordinance in conformity wlth the zoning code of the Town of Vair. c. rn r-985, the Vair Town council passed ordinance No. L, series of 1.985 providing certain amendments to the developrnent plan for Special Development District No. G. D. rn r-987, the vair rown councir passed ordinance No. 14, series of 1987 providing certain amendnents to the development pran for Special Development District No. 6. E. applicatlon has been made to the Town of Vail to modify and amend section 8 of ordinance No. L4, series of 1997 which relates to the arlowed density of the development plan for special Development Distriet No. G. .' : . ". .f-:,. ,lt:F. The Planning and Environmental Conunission of the.: Vail has reviewed the changes..''..'' G.The vail ronn councll considers that the anen.Jnents provl.de a more unified and aesthetlcally pleasing site within the Town and such amendnents safety, wel-fare of the inhabitants of the developnent of a are of benefit to Town of Vall. I l_.,-- : r Town of critical the health, Section 2. A. Section 18.50.130 Density is hereby amended to read as folLows: ,e o The gross residential floor area-(GRFA) of arr districts in the special Developnent Distrlct sha1l not exceed L24?527 square feet. There sharl be a nininum of 148 accommodation unr.ts and 671367 square feet of GRFA devoted to accommodation units in phase rv and plrase v of special Developnent District N6. 6. 3,927 square feet of GRFA shall be all0cated to unLt 30 0f the Vail village praza condoniniuns only. B' section 11 of ordinance 14, serr.es of 19gz ie hereby anended the addition of subsection 9 which sharl read as forlows: condorninium unit 30 of the vall vil.lage praza condoniniurns sharr be subject to, the restrictions of section 17.26.075 0f the Town of vail subdivision Regulations if utilized for residential purposes. The Tourn council hereby f,inds, deternines and decrares that this ordinance is necessary and proper for the health, safety and rrelfare of the Town of Vail and the inhabitants thereof. Section 3. rf any part, section, subsection, sentence, clause or phrase of this ordinance Is for any reason heLd to be invalid, such declsion shall not affect the varidity of the renaining portions of this ordinance; and the Tov.rn councir hereby declares it wourd have"passed this ordinance, and each part, section, subsection, sentence, crause or phrase thereof, regardless of the fact that any one or more partsr sectlons. subsections, sentences, clauses or phrases be declared invalid. Section 4. The repeal or the repeal and re-enactment of any provisions of the vail Municipar code as provided in this ordinance shall not affeet any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution connenced, nor any other action or proceeding as commenced under or by virtue of the provision repeal.ed or repealed and re- enacted. The repear of any provision hereby sharr not revive any provisJ.on or any ordinance previously repealed or Euperseded unless expressly stated herein. Q, t' t by 9. '-.+_-.--- g INTRODUCED, READ ArID PASSED OII FTRST READING THIS 7thl{ovember _ /rn day of,lvyErruer , 1999,and a publlc hearlng ahall be held on this o 7th day of November , 1989 at z:30 p.t!. Ln theof the Vall UunLclpal Bultding, VaIl, Colorado.Ordered pr,rblished Ln fult tbie' 7th day of r 1989. a ordl.nance on the councl.I Chanbers TNTRODUCED, READ AltD AppRovED oN sEcoND this 2let day READING A}ID ORDERED of Novenber PUBLISHED Town cIEE ) '{ r\ rr P1.\ [.]f k\nrlrdft.u (vtril-uv J'tI Ofice of the Town Anorney75 South Frontage Roaa VaiI, Colorado 81657 io3-479-2 IO7 / FAX 303-479-2 I 57 March 23, t992 Mr. Flank Cisero, Jr., Attorney at law KirHand & Ellis 1999 Brcadway Denver, Colorado 80202 Dear Mr. Ciserq After reviewing your letter to me of February 25, Lggz,I researrched the ordinance which omended the Vail Village Inn Special Development District (VVI SDD) permitting the condominium you presently own to be converted from a commercial condominium rrnil ls a residential unit. My research has i-ndicated to me that ordinance No. 24, Series of 1989, which ev.ended the WI SDfi, was agtively and aggressively pursued by you. There was never emy effort on the part of the Town of Vail to impose the amendment upon you. The restriction 1ou complain of in your letter which requires that your unit be restricted to 28 rtays of personal use from December 24 toJanuary 1 and February 1 to March 20 was voluntarily as"e;a to by you, and was included in a third arnsndynsaf, to the condominium declaration for iheVait Village Plaza Condomini 'ms and siped by you as well as the other developers and lenders involved with the WI SDD. It is my opinion the ordinance which amended the WI SDD to permit you to utilize what was previously a retail lnil ss s lssiflsatial rrnit and the onditions which were included i1 ffus ordinsnce and the third amendment to the condomini 'm declaration for the Vail Village P]aza Condominiums are valid and enforceable. Alfhnrrgh I do not. think the qrre-stions yo': raiserl relaring ro SeCion 17.2q 0?E ef tbe Municipa! Ccde of the Towu of Vail are rclevant to the conditions which were inposed in Ordinance No. 24, Series of 1989, amenrling the WI SDD, it is my opinion that Section of the Code is not an unconstitutional delegation ofpower under Article 5, Section 35 ofthe Colorado Constitution, nor do I believe you were illegally discriminated against by the Town of Vail. Ifyou have any additional questions regarding this matter, please do not hesitate to call. Very tggly yours,#vLawrenfA. Eskwith, Town Attorney LAE/dd t Frank Cic€ro To Call Writd Direct: lle E6r-2216 KIRKLAND & ELLIS A PAITNI.RsHIP INCLUDING PIOf I5SIONAI COTFOIATIONS 200 East Rendolph Drit/E Chicago, lllinois 80601 312 86rax)0 April LL, L992 fuli,a,*rth;u* L Facsimile: 312 86r.2200 Lawrence A. Eskwith, Esq. Tonn Attorney Town of Vail 75 South Frontage RoadVail, Colorado 81557 Dear Larry: Your letter of March 23t 1992, disqusses several of the natters I raised in ny letter to you dated February 25, L992. However, there is one additional, key natter which I raised in nyletter. Vail's condoniniun conversion ordinance requires condoninl.um unLts subJect to the ordinance to rrrenain in the short-tern rental market." My understanding of Colorado law is that tbe Tonn of VaiI does not have the authority to regulate the nlghtly rental rate at which a condoniniun owner night choose to put his unit on ttre narket. An osner putting a unit into the narket could ask any amount he chooses for a nightly rental and the Town does not have the authority to regulate this. When we net in your office in January, we dlscussedthis natter specifically and you agreed that the Town did not have the authority to regulate rental rates and inpose any condition on the anount which an owner night ask for rental. I would appreciate your confirmation of that view. yours, Cicero, Jr. FC:Jf Denver Los Angeles N€w York Washington D.C. L MINUTES y1{L_1o14{ couNcrl, MEETTNGSEPTEMBER 15, 1992 7:30 P.M. A regular meetins of the vglro]^ council was herd on T\resday, september 1b, rgg2, in the|:#:rt chambe; of rhe vail mGr*ri"rrilng- the -eeuo!wai cared to order at z:b0 MEMBERS PRESEI{T:Peggy Osterfoss, Mayor $erv^fgnin, Mayor Fro-Tem .rrm LirbgOn Jim Shearer Tom Steinbere Rob LeVine Bob Buckley TOWN OFFICIALS pRESEI{I: Ken Hughey, Assistant Town ManagerL,arrf_ Eskwith, Town Attorney Pam Brandmeyer, Assietant tJthe fown ManagerMartha Raecker, Town Clerk L rhe first item on the agenda was citizen participation of which there was none. second on the agenda was a consent Agenda consisting of two items: A' ordinance No. 22, series of 19g2, second reading, an ordinance authorizingand directins acquisirion. "f ";"#;;;;;;;"* particularly described inExhibit A, attachld hereto a"a i".orio"-"i"it*"""ir, ('t,Le property,,) for parkT;dj:"":"Ion purposes, .,1a u"tnotii"?"ii=*o.tir* the acquisition of acertann permanent easement *o"" piti"J""rv J""?in j il- i'riiurt eattached hereto and incorporated hereil (';tu" "*"-"^ot,,) to be acquired byneSotiation ifpossible, and ir""goti_-.tio" i" i.'oi r,r""*"rfu1, by eminent domainprcceec[ngB. B' ordinance No' 23, series of 1992, second reading, an ordinance authorizingand directing acquisition "f ?'e";;;;;asement more particurarrydescribed in rxhibit A, attachei rr*"t" La rncorporated herein, (,,theeasement") for public &dl?q";""d;;;;nffiation, and, if negoriarion foracquisition is nor successfd;bi "#;;;;;; proceedings. Mayor osterfoss read the titles in fuil. Larry Eekwith noted conrection of a typo in orrti,,anceNo. 22, and stated the word'b.;*;"r" *;, ; b" ;;;ilJ; rhe word ,,easement" in thetitles of both of these o"aioui""*-u"di" next publicaiion- -(Nii", The addition is shown inbold above.) Jim. Gib-son -;;; ;-.on"":r inu co"rloi egoau with the correction andl1t*1X:"".",31$-lnf; *tth;*fi;a r'"- r-"- i'i"tffi; A vote **-t'rJo-"ra tn" Item No' 3 was o-rdinance No' 24, series of 1992, firrt ls4rring an ordinaace authorizing theissuance of rhe Town ofvail, c;il;d;;c.lr;;;,oiirer,iffii_aio* Bonds, Series 1ee2Ain rhe toral aggregarepri".ipJu_;;; of $z,ooo,ob-o-rolil;;;p"." of retunrting a portionof the Town's outstanding d""";obl-is;;ili##dildt series 1985; prescribing theform of said bonds; proviiing ro" tn" r"i' of general J i"r."# t *e.s to pay the principal ofand the intere" T.:1: ":-19in*Jqys-"gr"i "o.,"o"ot, ii"iLltru, in connectiontherewith;and repealing all ordinance in conllici th"""*tth. "M;;-dilrfoss rcad the title in fi:II.steve Thomp*" i:{?T"d th" pir"G; of this o"oina".i ti"iordinance No. 28, series ofl99z' r'arry Aubrecht,:epresenting Hanlfen l-h;li;Jdftaru,-representing KemperSecurities, and Steve Jetre;, ;;;;ffid"s c*"c" K-.-d;;e""ussed the bond detaits, andthe rationale of eplitting int" t*[ m"a irsues - general obligation refundirg bonds and ealestax revenue refunding bonds. After discussid;;*1ffffi amounts, ratings, and callperiods' Merv Lapin nbted these ordio"i""* were not fi',al ""tit {f" eecond reading. Therewas discussion concenring pot""ti"r "o*"quences should thes; oramances not pass on second reading. Merv the*itna-s""o,Jd;"tTT$,r""TilHgl"ffi#J3,?:*ffi;:J3r.ri#trj"f; ;HsrItem No' 4 was ordinance ]\o' 25, series of lg92_, first reading,.an ordinance authorizing theissuance of Town "rv"', c.i""1-ffi"r""""'i* R.rr"o.re Refrrnting and_lmprpvement Bonds,s-eries 19928; providing irr" r""-, t"#. ""d "o"diti; jiiilEtiar, r,hs pannsl and rermsor rssuance' the manner or "*""oti*, tt.nepoa ;i;il;;d the_security the.elo.";iit{i:;*nff ili:trY,i'*i:H*:ijLt*ut,r"*n"ffi ",orthebonds;pro,idingthesaresta"aodpa"kt"s";;;;il#ffi"r::ffilT:Hfff ":rtr#HJB:iffifjthereto; and repealins "'i"u""rJ". ilffi,ht{iliirf,. ri,iliil't sterross read the tirre infull' Notine rhe ourpos" :la p"*i""r*l ,?trri" ,"air;; h;Tffirl dir"rrr""d in conjuncrionwith ordina"""-No'--24, s;n;-'o?"rtili1"*^r-,'pio *o.,J-#;;;"r* ordinance No.2b,series of 1992, on f*st read,in_g, ;th;i*""a.rd- n"u Hi#":i vo,e was taken and themotion passed unanimouslv, z:i. sli"i "rai"g" oiorai"J""" N". * and ordinance No.ii;5,il,lHi,1ilffi;:;S:a"r"i?#lv,,rii?'"c;;#;;:iarEveningMeetingon Item No' 6 was orrtinal3e -Ng.-26, Seriesof 1gg2, first reading, an ordinance repealingsecrion 11 0f ordinance rvo. rnl s""i"J"iiiez, s"p"L.ti"i ;;;;;:*"* the v. a' viurg roispecial Development-Dli;;t;;#""# irle restrictioo oo " a*"tlng un*, and setring forthdetails in regard thereto. rn" .ppiiiiiluas_ BSc ; ffi, b;ir""do, L.p.rFrank cicero.Mavor osterfoss read rhe tijre in i,iiL- niit" ,"uj"; ;;oi;;d';# apprican*s request wasfor a major amendment.t Sp""i"f n"""f"oi*91r.ni9*i"i fSnOl"fr". 6 (Vail Village Inn) inorder ro remove r ":"Fl_fft{"t#'ilil urrit N".-io l'r-ir,""vu' village Inn prazacondominiums' Mike blielly o"trio"a*ioffi.tion covered-iolrrJboot memo dated August24, lg9z, regardine ttr" u:.[g"";;;ili.rr of the plannins process which occurred. in1989' allowing unii No' eo t"-1" .t""Jtii*.* "omme"ciar use t'residentiar use. He notedthe planning *o rl:lo"*;;hl b;;;;;ion eaCl, J -d;;i"s"rr 24, ree2, publichearing, had unanimously voted rz-ol t" ""."-m_end deniJ oFfr, .ppti"ant,s request. IGnWilson, Branch Brokel ior V;i ;;;;" *+ Bstate, [iJ.."ouog the applicanr,distributed a le*er dated septeJle;i' b1;, *ni.o q"""tioi"i-#n-"ro"" or nor unir No. B0should have ever been praced "r,a". irl" -c;;d";;;;-c;ffiH;lrdinance, and wherheror not the ordinance naa ueen ."".iJ*tli'appriea ovei;t-;:;; tus point, Bob Buckrevstepped down from dis_cussion of _rhti;;i; item due to a potential conflict of interest. Alengthv exchange followed.with ru". wir".""lnd ap-pricant, r,iuottiu-, alternately voicingopinions about lack of consistency i" ""-i""."i"nt oftrre c.lra"-irrii- uonversion ordinanoe.referring ro the Gatewav ana vait viii"g"*r"l ,. .a;..",iii"?diies withour the rentairestrictions' and quesrioning trt" r"gaJii ri *"-g.ari;;. "c;fi'.il and staff repeatedryemphasized each sno sbod o-n it" oin -"rii, .rla-*acl son ro-Jaioerent restrictions anddevelopment standards' ro* s-tJi"E ffi bt rrvirr" p"I"-t"i-J#.oncessions other sDDshad made as part of the.creatio" "r ln?i" -JIjo.. wr,"";;'ffi;f fr,;'wourd consider putringrn eynploJee housing units as part ofa request, Mr. ci"=", ".ia ne would, but had notpreuously contemprated that idea. nob su'ggested u". ci""* "Iturn to counc' with acomprehensive plan rrl r".*t* ai.il;; *i!1 **.r-d-fr;DD amenrrment again.After discussion abour ttr" rpfi"" "r*"#Jri" ^nesotiition ai"irr.iorr. with rhe p'c, Mr.cicero asked ordin"tr." No.-id, s"?Tr"Tiigsz, 6" r"ri"arl"t" *"ra explore arternateproposats. At this point, Jim Giul,*.""Jt" a"", <j"ai""ri, N"l-ru] r""", of 1992, on firstreading' with a te"b"a r"on ri;ffii"*b#. t"ro". u v3.be was taken,'wtayor osterfoss notedat the time the rental restrictions *;;i;""d *. rvrr. ci"""ot ooiii't u *", on the pEC andshe felt the current ""qo"*t aiJ-.rri-J#"#r"r. B ;;;;i# "r"" sDD criteria. Mr.cicero again asked for a motion-tr t.lr" tl" ""air"r"" .*i"-o"a ff;L, to start the processfor this amsldmsllr fauejJ-lr9m r;;h.- .li1 ciur"";r#; his motion to denv9#til"Xk3t;Hgior.rsgz,-a;a-f#steinberg*thd-#;;;u.ondortharmotion-.y!!.,*;;-il";"[i"ff;i"'*:T$-,'r;Etru*]lm*';? j:ff:';t,#,r'evine and Merv Laoin,opposea. -wrirc rvroiri". indicateJ "" -.darti""r g1,000 applicationfee wo'Id be required qM"..ci"*.ffi#il ro"^",, son "-Jit""rr, and there wourd bea time delav of aooroxima.telv fi;; ;";;:"Jr- Gibson -"*a-a*i""y ordinance No. 26,series of 1992, on r:rrst y3dinl "" jt aiiT"t J."r."- *iin sri;;d;, and lhe vail villageMaster plan. Tom steinbers-;;"alJrii.'Jru*. e ""t" ..";;;o, and the motion todeny ordinanceNo.26, s"rl"i"rrs9il"i"fr;t1""ai"c p";;, oli_r"ffiu nrcktey absraining. Bob Buckley then rejoined Courcil. 2 o Item No' 6 was review of proposed rown of_vail contract with Alpine Lrter:national, rnc. todesign the master. ptao io"--ttrl- Tffili v;it ;;;;""ia^;*.,ia" the accompanyingmanagement report' Andy I{nudLs"o ooLd m" p-p"."'a;;:;* was before council forapprovar because it involved " f;-gr=u;;tnl, *oro,o-06.-ffi;n" reviewed, co__*ityDevelopmenr Deparrment (cDDt;;;;L c""".''""d riooTffirip, 4ated May 12, lggz,which included inforrnati"ri-.u-rit ptig"* 9o lh".g"-gt-ry project. He also reviewed thedetails of the RFP process^and t*r!, -n'o*", and estimated iees fl" the project. The budeetfigure arrived at was.g60,0o0,;;*; *"ilu""*;f $a4&;;;"" possible cost overruis,Kristan pritz advised th; ilds;i;"r"i15, q9- ;J""y "iJi* in cDDs budget. JimGibson pointed our the cemetetrrl;#i ".g-"uy i;;*;i;uTop"o ,p."", and., althoughsherry Dorward' vice-presiden;;Aiil"" ;brnational, ro"., "arir"a no definitive guidelinlshad vet been set, .h".i"di;;;a1t"""""-",*r, was being planned. to be naturar andunobtrusive' There-111 u"i"rcr"""JiJ" ""q:".u;g " s""ilri"".riil-oranngd for the cemeterysite' Tom steinberg su_ggested th" ";;;;;-managementL "oo*tidut d with the Minturncemetery District,"anf;t;.;;;;;;"'rh", ut ioG*o'oiJri aoa Nortingham. rt wasnoted that Larry sloane, thl p"oi""i-;'io""g"*".,t consultan! would be at the october 6,1ee2, council worksessio", ;d i;;;l"ec;,iil,iil;iJi"".tio. to Mr. sloane arthat meeting' Jim Gibson in"" -l"hT"1pprove the r.* "rGvcontractor Agreementwith Alpine Internationalll q a".rei iil" -urt"r ptan ror the iov cemetery, with a secondfrom Bob Bucklev' pgfore a vote wals taken, hr.tuo ernphasized this agreement was for l1:,ooo plus the 9b,400 contingencv. a rtt" was taken ""d d;;on passed unanimougly. Item No. 7 was an appeal of-the Desigr Review Board (DRB) decision to apprcve landscapechanges for the nvne nesiae"*, r,"i-r, Ei,oa. 2,.v3il virage 1st Filing/l Forest Ed. Tieapplicant was Ron nvrne. shellv-Meir" uJJry ""prainea coficl l.d "rp""*r"d. concern w.ithexisting site developrnent encroachments o!to-U.s. r'"""ri su*ice land. Jay petersondiscussed the hisrorv "f d*"1;fi;;;";-th" sv,-" p*p";i irii,.ar", aircussions $,ith vairAssociates, Inc. rerldinga""!r.p-""t".1" pi"" ddf;";;;iro.roa the property. JoeMacv' of vail essociates,-rnc. dr{t;;;;i gi""*.ir";iil;;;"nt of this rot with starrand Ned Gwathmsv, the architeciil"iitJpi":""t-"i tn" u-ill;"ft"" prace approximarelytwo vears ago' The plan resulted in til[-insta]l"tioo ;F; *]LJaiu""rion system whichencroached on Forest service pr"p"*i.1i* "k";;l;dg;j,o-Ipp"*ur had been receivedfrom the Forest service ur*"in"'*a"t"" i$"".ioo plan was impierolented. Tim GranthamLands Forester with tue ro"esised;;;ril;":"""iTrr"i""ih been a site visit ro thJByrne propertv' and most of what tn" r"""rt s.*rJ" rr"a "rtJ ti" ao*" at that propertvto correct the encroachment situado;;;;"" done. Additionally, Mr. Grantha* s"i-d th;Forest service recognized tnete wasa *liJt at io"g" problem-inliat area, and had agreedto a special use Permit uou"g"*""t Jfrftl.By#;i;; tn" i"i'aim" the Forest servicewas not liable for anv damage a* to tn" "n&;;;;'dff;; patrem cawed. bv rvr".Bvme's water diversign svgtei.-d;"";; technical disc,rssioi?Lut the water flow andrun-off' and further -"lT:,t:1"**"1r"g tt water. At rhis p"i*, i* Eskwith indicatedthis agenda item concerned an appeal "r" onn .pp*.r;i#il; changes, not the war,erdrainage issue. Larrv said two sliamf, li'i."r;;,rrd b";;q"tffilRor t "vir," then movedto uphold the DRB -*?:r; ti ffiffi"li" hndscape changes, with a second from JimGibson. A vote was taken and that *otioo l?rTd,narrim_oualy, Z_0. L,arry suggested asecond motion reeardi_ng u *itt"" usr"e^-Jot between the Fore# service, Ron Byrne, andToV about Mr' Bvrne's water dive.sio-u il;;ro, and other encroaclmeots ue required priorto the igsuance of the final c";ifi";;;'o."oJ"r"v tC.6;"ffi"" addirional technicatdiscussion about the tt.,a""gro,rtrJ;il# pip"'io"t ]lla ,. rl"""t service land by MnByrne, ground wal,er movement tendenci.u, "Jt"i b""t".r;ilh"1',ir.,erts vA had the rishtto open or close, Tom Steinberg ""gg".;;e til; Fo"est Se;.,ice*hirl ti"i" hydrologic engineerlook at the whole situation o" irtJ'r'r"pJ.*.iil urr" "-p*r""a #""il" at Mr. Byme,s havineput in structures on Forest service iJoa rJirr9"1p"i-"tir"l*,"""i'ithout having advisedTov, therebv placing rov ul u"f ity ri #i"t d;d;gtsitil*. Tom steinberg thenmoved that staff be instructed not t" 1r""" " p"*"o"ot c.oluntil euch time as satiafactorvresults were receiveu,:l:.ll*.tGFr,rd; !i' a hydr_orogic engineer as to the effects anisafety of the sngineering structuneJ that had been bu't by Mr. -Byrne, and until (1) a pranror revegetation of the cut slope utra otl". """as-of impact *"" """"iu"a, (2) satisfactoryresults of a mechanic"r enginee';s sil;;;g a-,r"irrg tn"-o"*i';;;r- run_off in the areawas received' and (a) a written .g""^dt *i]n th" F;;; s;;;";; worked out about Mr.Byme's water diversion- system. Jin Giil;; seconded tlat notion. Larr5r suggested theuniform Building code be checkeJ;;;;*if the;;di;; r"q"JJia in this morion wereappropriaterequirements.Jaysr"t€a-;h;-Jipri"u"T*,oJa:;#i&aletterholcingToV L hamless' A vote on that motion failed, 1-6, aI council opposed except rom steinberg. Robr'evine then moved to direct.staff;;t-; ilil a p""-"oent c.o. 'ntir such time as shlrhaddetermined whether or not additio"J J;ff;were ne@ssaq/ and apprnopriate, and there wasevidence of an agreement netweenlil" i[_"Jt Service and the proo., ;ffi l'#?ili:1,T,**s"*i""p*p"J;:"ig;;;fi #;"Hi-'iHT"tff 'flH-j* regarding the water dl,lT:^"3.:iTtor-rslv, 7-0. stltr *." aiiot"a t" *t*;'cilfrrversron issue on this property, tt$nlnf'"}ffj r0 were Infiormation updare, council Reports, aad other. The following * Jim Gibson and Jim shearer had visited the Prblic works Departmeit (pw) on septemberl5' 1ee2. Jim Gibsonxot{ d"ya;i"l ;;;';-##ih?*a ,o be included inoriginal plan reviews of DRB "ttJi'nc a""ijons alfecting;";;;#"g and snow storage.Jim Gibson noted pw requested assistaoce witn a"""1"G".i;;'pw pR ca-paign.* Merv Lapin asked Kristan pritz for a rist of restricted rental properties.* Tom steinberg advised colorado Public Radio had installed some of their translatorequipment, a:rd noted Jhl{gg ild r"*; d"wn tlrgir *q;; f;"; $40,000 federal grant.He anticipated colorado publie R;a;;;fis aerdag "i,""t ru"ti", request to Tov.* Merv Lapin inouire{auorit. paved parking at the soccer field- Joe Macy stated that areawas VA propercy, and thought th"o *.. rrr'ugr".-"ot between rov ana vA regarrring thewage of that lot- stalf was direcred iri"*#n ";;;rg-;;s;;;"t.. ;ffilr?tiltr5:*H.bec"me orthe flag pole plenngd to be erecred outside vRA officeg * Jim shearer felt appointed rov board member-tem.s should be limited to g consecutiveyears' Larry Eskwith was directed t" a""n." ordinance for council review. Before adjoumment' Larry-Grafel spoke briefly about results of bids received for developmentof the ski Museum park. He ""tJ;il i* uia" "*i""J"."JaIi "l"r-"t"a costs by z0 to1007o' and were rejected. He said uia" -rr"'[" p"oje"t wourd u" *""riJt"a in January, 1998. There being no furt'her business, a motion h.l{grp- _the meeting was made and passedunaniyneusly. The meeting was ad;oumJJrO,SO p.M. Respectfirlly submitted, a. ATTEST: ffi Minuh6 tafioo by Dodanno S. Doto 4 C:\ll[SEPl5.gz o'I {t TO: FROM: DATE: SUBIECT: IIEMORANDUM Plannlng and Environmentral Gommlsslon Community Development Deparlment August 24,1992 A request for a malor amendment b SDD No. 6, to removg a prevlous condition of approvdlfor Unit No. 30, Phase l, Vail Vlllage Inn/100 East Meadow DriveNail Vlllage Plaza Condomlnlums. Applicant BSC of Vall, Colorado. LP./Frank Glcero PlannEr: Mks Molllca DESCRIPTION OF THE REOUEST The applicant, Frank Glero/BSC of Vail, Colorado, ls raguesting a maior amendment to Spd6iat Development Dbfid No. 6 (Vall Village lnn) In order to removs a previous coniition ol approval for Unit No. 30, located In Phase l. The apdlcanllq tEuesting, that S'..Jirrn 2 B ol Minance No- 24- Sedes ol 1989. bs eliminaled. IhiS Sgction olthat2, B ol frinance No. 24, Sedeg ot 1989. be el-minatetl. This sec1iglf upon No. 30 of the llage Inn Plaza , as follows: 'Condominium Unit 30 of the Vall Mllage Plaza Condomlnlums shall be subiea to the restricitions of Section 17.26.075 of the Town of Vaia Subdivision Regulations if utillzed for reskJenlial puposes. The Town Council hereby flrds, determines and declares that this Ordinance ls necessary and poper for thE health, safety and welfare ot the Toiln of Vail and the Inhabitanls thereof.' BACKGROUND AND HISTORY The lollowlng outline reconstruds the plannlng process whlctr oqcun3d In 1989' allowing conlominium Unlt No.30 ot thE Vall Village Inn Plaza Condominiums lo be converlEd from commerclal use to residential use. A copy ol the perdnent staff memorandum, meeting minutes and ho finalOdinance are attaded to ftis mgmorandum. a. September 26, 1989'The Plannlng and Envlronmental Commlsslon reiommended denlal ot the requesi to amend Speclal Development Dlstric{ No. 6 (Vait Vilage Inn) to Increase ihe Gross Besidential Floor Area by 6,000. . square feet] Ttris'amendment would atlow the applicant to converl an exlsting o \ ,| toommsrolal space (Good's) to a rasEential unil The PEC recommended denlal of tre rcquesi, by d vote oi 4 to 3, findlng that a loss of commercial space In the core was nol appropdate. b. OctobEr 17, 1989 - Ordinance No. 24, Series ol 1989 (First Reading) was reviewEd and discussed by the Town Gouncil. Subeequently, the Ordinance was tabled untllthe next evanlng mestlng. c. NovembEr 7, 1989 - Ordlnance No. 24. Serles of 1989 (Flrst Raading) was agaln revlewed by the Town councll. Afbr discusslon, the Town councll approved hE ffiinance unanlmously, by a vote of 7 to 0. d. November 21, 1989 - ffilnane No. 24, Sedes of 1989 (SJcond Reading) was. unanimously approved by the Town Council, by a rote ol7 to 0, on the consenl agenda. III. SPECIAL DEVELOPMENT DISTRICT CRITERIA The criteria to be used to evaluate this proposal are tre nlne Speclal Developrnent 9istrict (sDD) <revetopmenr sranda* n tnE speciat development district chapter of the 26nfi6--eo<re. The criteria are as follows: A. Deslgn compatlblllty and sensltlvlty to the lmmedlate envltonment, netgFUorhodd and idlacent propertles retatlve to archltectural deslgn, sca-ie, bulk, bulldlng helght butfer zones, ldentlty' characbr, Ybual Integrlty and orlentatlon. i:::,f,':.Tli:':?13: ffi:":#*' believes trat this development standard is not applicable to tho applicant's request. B. Us$, actlvlty and denstty whlch provlde a compatlble, efilclent and workable relatlonshlp wlth surroundhg uses and ectlvlty. As indicated in the staff memorandum dalod September 26, 1989, the stafl second and third floor retail uses within this ot and tha axlsting Core UeEuseTe appticants original request was lor an Increase !! density (i.e., GRFA) th6 statf contlnues lo maintaln the! thq unlt should be utilized resfn6|fraccordans to Section 17.26,075 (Gondomlnlum Conversion) of the romTt- ansumffion mEomdn's. A copy ot thls sEc{lon of the stbdivlslon Regulations is attached lo thls memorandum. -2- J. I aI I c. I Complltnct wlth parklng and badtng requlEments e3 ouutned In Chapter 1852. The Town's parklng and badlng standards br resldential uss haw been met wlth ths converslon ol condomlnlum Unlt No. 30 tom retall commarcial to resHendal. Contormlty wlth apptlcable elements of the Vall Conptlhendve plan, Town pollcl* and Urban Deelgn ptans. The tollowlng sostlons ol thls proposal: Commercial Itcally rclate to 3.1 - The hotelbed base should be preserved and used more efficiently. . 3.3 - Hotels are important to he continusd succsss ol the Town ol Vail, lherefore convercion to condominiums shouts be discouraged. Villaoe Core-Uonshead 42 - Increased dens'rty ln lhe core areas ls acceptable so long as the existing charaster of each area ls preserved throuqh lmplementation of he Uban Design Gulde Plan and the Vail Village Master Plan. The following sections of the Vall Village Master Plan specifically relate lo this proposal: D. 23 23..1 - Goal - lo toster a strong tourist lndustry and promole lear-round economic health and viability for he Mllage and for the community as a whole. - Obiectlve - Incrsase the number of residential unils available for short-term ovemight accommodations. - Policv - The development of shorl-term ac-commodation unib ls strongly encouraged. Resldential unlls thal are developed above existing denslty levels are required to be designed or managed In a manner that makes hem avallable tor short-term ovornight rental. -3- a. I'i It 1V. E. ldentlflcatlon and mttlgatlon of naturat and/or geologlc hazards that lftect the properu on whlch the speclal devetopment dlstrtct ls proposed. No natural aruVor geologic hazards ars presont or affect frls property. F. Slte plan, bulldlng deslgn and loca$on and open space provtstons deslgned to produce a funcuonal development t"spon3lve lnd sensltlve to natural leatutls, yegetauon and overall a$theilc quallty of the eommunlty. This dwelopment standard ls not applicablE to tre applicant's roqusst G. A clrcutatlon system destgned for both vehlcles end pedestil8ng addrcsslng on and off.slte trafflc clrcutailon. This clevelopment standard is not appticabte to the applicant's roquesl H. Functlonal and aesthetlc landscaplng and open space In order to opilmlze and prcserve natural teatures, reireitton, vllws aho tunc$ons. This development standard ls not appticable to he appticants rgquest l. Phaslng plan or subdlvlslon ptan that wlll malntiatn a workable, func,ilonal and efflclent relatlonshlp throughout the development of the speclal development dlstrlct. This development standard ls not applicable to he appticant's requesl STAFF RECOMMENDATION Upon detailed review of the applicanfs request to elimlnate a prevlous condition of approvalfor Unit No. 30 thal the rental restriction furthers the as indicated in Section lll,D of this maintainlng the rental reslriction would be consistent with previous Town approvals, where applicants requested additionalGRFA and were required to restrict residential unitd. Such projects were the Garden of the Gods, Tivoli Lodge, Flamshom, Vail Vlllage Inn (Phase V), and the Ghrisilania. * (ec az-ca'"'-e''*h qfpacvnano.t rrlt4g?+ o o ORDINANCE NO.26 SER|ES 1992 AN ORDINANGE REPEALING SECnoN 11 OF ORDINANGE NO. 14, SERIES OF 1987, suBsEcnoN 9, AND SETnNG FORT]| DETATLS tN REGARD THERETO. BE lT ORDAINED by the Town Gouncil of the Town of Vail, Colorado as follows: Section 1 - Leoislative Intent A. On November 21, 1989, the Torrn Council passed Ordinance No. 24, Series of 1989, amending Section 8 of Ordinance No. 14, Series of 1987, by the addition of Subsection 9 placing certain restrictions on the use of condominium unit No. 30 of the Vail Mllage plaza Condominiums. B. An application has been made to the Town of Vail to repeal Subseclion 9 of Section 11 of Ordinance No. 14, Series of 1987. C. The Planning and EnvironmentalCommission of the Town fras treiO a hearing on the proposed amendment and made a recommendation to the Town Council. D. The Town Council finds that the design criteria of the Town ot Vait Special Development District Ordinance is met by the proposed amendment. Section 2 Subsection 9 of Section 11 of Ordinance No. 14, Series of 1987 is hereby repealed. 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 woutd have passed ttris ordinance, and each part, section, subsection, senten@, dause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, senten@s, clauses or phrases be dedared invalid. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of he Town of Vail and the inhabitanb thereof. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occuned prior to the etfective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal ot any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless sxpregsly stated herein. All bylaws' orders, resolutions, and ordinances, or parts thereof, inconsislent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinaooB, or part thereor, theretorore repeared. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 15th day of September, 1992, and a pubtic hearing shal be hetd on this ordinance on the 1st day of October, 1992, at 7:30 p.m. in the Gouncil Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Margaret A. Osterfoss, Mayor Martha S. Raecker, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this _ day of _, 1992. Margaret A. Osterfoss, Mayor ATTEST: Martha S. Raecker, Town Gleik croRDe26 TOWN OFVAIL 75 South Frontage Road Vail, Colorado 81657 303479-2136 FAX 3034792157 CERTTFICATION Offrce of the Town Clerk transcription of amending Specialthe final minutes October 17 , 1989. STATE OF COLORADO COUNTY OF EAGLE 5S. The. foregoing is a full, true, and correctOrdinance No..24.,Series of 1999, first reading,Developrnent District No. 6, which is included ii'of the Vail Town Council Meeting held on Tuesday, Date: S"++e*r-ttw g.l41a- Tirne:ld.: lo P.M. Martha S. Raecker, Town Cferffi STATE OF COLORADO ) -cbuusy oF EAGLE I ""' d and sworn to before me appeared Martha S. Raecker, Townthe Town of VaiI, -Colorado, ttris 8f1.. day ofn- ,lgq>. Mov, Iir, 119l -Subscribed Clerk of My commission expires: 0.*:-:; :lcl !,tlrtsil::rl. i,t|';j 1;rlrl!l TRANSCRIPT OF THE RECORDED PROCEEDINCaS OF THE REGUI.AR EVENING MEETING OF THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO AGENDA l'l'EM tr2: ORDINANCE NO.24, SERIES OF 1989 COUNCIL CHAMBERS VAIL MUNICIPAL BUILDING 75 SOUTH FRONTAGE FOAD VAIL, COLORADO (303) 479-2100 TUESDAY, OCTOBER 17, 1992 COUNCIL MEMBERS PRESENT: KENT ROSE, MAYOR JOHN SLEVIN, ]',AYOR PRO TEM MICHAEL CACIOPPO MERV I.APIN GAIL WAHRLICH-LOWENTHAL TOM STEINBERG TOWN OFFICIALS PHESENT: RON PHILLIPS, TOWN iTANAGEH LARRY ESKWITH, TOWN AfiORNEY PAM BRANDMEYER, TOWN CLERK CITIZENS PARTIGIPATING: PEGGY OSTERFOSS, PEC PETER JAMAR, REPRESENTING APPLICANT Transcriotion of tape recordino of Town Council meetino. aoerda ltem #2: Octob€r 17, 1989 Apolicant's Reoresentative PJ - Peter Jamar PEC Member PO - Peggy Ostsrfoss Town Atlomev LE - Lany Eskwith CouncilMembers ML - Merv ladn TS - Tom Steinberg KR - Kent Rose GW - Gall Wahrlicfl JS - John Slevin MC - MichaelCacioppo Town Stafl RP - Rick Pylman PP - Peter Patten KP - Kdstan Pritr KR - Next item on the agenda ls Odinance No.24, Series of 1989, an ordinance amending Section I of Ordinance No. 14, Series of 1987, to provide for the amendment of denslty of the approved development plan for Special Development Dlstrict No. 6. This ls also first reading. Peter Patten . . . PP - lt is. Mr. Mayor and members of the council, what I'm going to do b go through the memorandum that the danning statf wrote to the Planning Gommission as the presentation of the item. Then I'm going to talk about what happened at Planning Commission and then l'll talk about the ordinance at the end. The request to amend Special Development Disfid 6, which is the Vail Village Inn Special Development Distrlct, to amend the tota! GRFA, the total residential floor area tor the SDD to increase 4,900 sq. ft. That's the way ths ordinance reaG. The original request was for more han that amount and he planning stiatf recommended for less than hat amount The proposal baslcally is to convert the gooG retail space to a condominium, to residential use. Basically, what ws're looking at is a conversion of use from commercial to resldential, where he dlnent'Goods" clothing store is located. So the applicant originally requested an additional5,714 sq. ft. Norrr that takes that space that's up there and it adds some loft space and it infills other area There is currently approximately 3,900 sq. fi. of floor area in that space. The applicant has ldentified 1 it the reason for the applicatlon as the locatlon bsing an unviable, not a viable, retail space. He has received approval from the othor condomlnlum owners to proceed with the applicatlon lor the conversion to residential. Gunenty, the total allowed square footage in the Special Development District for the remaining phases ls 120,600 sq. ft. and that's ol cou|so attach€d to the major hotel redevelopment that we all hope someday we see in that site. So, this would increase that in the ordinance form to 125,500 sq. ft. In looking at the cribda then for a special development district, the first one has to do with design compatiblllty and sensitlvlty to the immediate environment, the neighborhood and the adjacent properties relatlve to the deslgn scale, bulk, building height, buffsr zones, identity, characler, ard so on. Really, there aren't very many design issues related to ffris. lfs taking an existing space and converting lt from commercial to residential. We would anticipate if the prolect is approved and lt goes fonrard, that the owner probably would want to make some minor des[n changes to the space itself, but at this time that is not belng proposed and those changes would be dealt with by the Design Review Board. The existing display wlndow down on the street level would remain and be used by Mllage Inn Sports. The second criteria then has to dealwith the uses, activlty and densitiss which provide compatible, efficient and workable relationships with he unounding uses and adivities. l think we're all aware that the Vail Village Inn Special Development District is a mlxed-use proiec-t and has a variety of land uses in it now, as well as whsn it's redeveloped to its tullest extent. And, of course, those uses include commercial and residsntial in various bcations, as well as resliauranE and short-term accommodalion unitrs, lodge rooms. One of our goaLs in the master land use plan, as well as the Vail Village Masbr Plan, is to maintiain the mix ol uses. We feel that's important to Commercial Core 1 and its sunoundirq arsa, which, of course, this is immediately adjacent to the coro area This is not aflecting that mix of use. lt's 2 changing from one to tre other, but all of the uses are found in ths immediate area, as well as fie sunounding area. We do feel that we need to protect the short-term bed base. We leel that we have established a policy, as the Planning Commisslon and the Town Gouncil have in about the last thrse or four years, where additional residential unlb have been required to be available to ths tourist market, and we do that hrough the restictons contain€d in he subdivision regulations whicfi requires an own€r only to oocupy a unit during the h[h season for a restrlcted number of weeks and il also requires the ovyner to list the unit on the short- term rental maket when ifs not in use. And we feel that those are appropriate h his instance, and we'll talk about those in the recommendations seciion. Next we deal with the parklng and loading issues. Phases I and ll of the Wl contain basically llttle to no parking. I wasn't around when those happened odglnally. I would imagine that there probably was some surface parking that may have been eaten up by future phases, but this is in the original phases of the VVI and what has been occuning is each phase is developed. Phase lll and then the latest phase, well the latsst phase really dklnt add any parking, but especially in Phase lll, we caught up a lltue bit on the defi<*t. I think there was over a 100 space deficit when Phase lll was built. They built the underground parklng garage at that time. They caught up and fiey are somewhere around 50 spaces short. When the most recent building was buill there was no addltional parking provided for on sib. The parking was to be provided in the urderground parking structure. With this particular proposal then, thers are no parking spaces hat kind ol are designated thal go along with this s,pace. Joe Staufer has arrangements with some of his tenants in his spaces that he will lease them spaoes in the parking structure ltself. Currently, we do not have a solid parking proposal for his particular conversion to residential. We feel that that's important ard will require that to be documented and done before we issue a bullding permit. The space s requirement would be 2-112 spaces rounded up to 3. So there would be a parklng requirement of 3 spaces. Conformlng with the applicable elemenF ol hs Vail Comprehensive Plan, I thing here is probably one in particular, lhat is pollcy 4.2 in the Master Land Use Plan, which talks about increased density in the clrs areas as acceptable so long as the existing character of each area is preserved through he implementation of the Ur|ran Design Guide Plan ard the Vail Villags Master Plan. And I think that that polic'y is not in conflict with the proposal. There ars some other criterla hers that are really not too lmportant or not applicable, I should say, in that our recommendation for trls, and l'11speak to the 3,927 sq. ft. which is existing out there, the way this wsnt through the Planning Commission as we were recommending approval for the @nversion of the existing square footiags, 3,927, to residenlial use, with the provision that the unit be use-restdcted, in other words that it be available according to our restrictions in the Subdivislon Hegulations available to the tourist market in general. We feel that the existing square footage ls sulficient lor the succ€ssful conversion lrom retiail to residential and that the extra originally 1,787 sq. ft. is really extransous and not required, and not really a nscessary, if you will, part of the proposal. The Planning Commission, so that's what went to Planning Commission, our re@mmendation. There was a long discussion at Planning Commission about this item and I was not present, so bear with me. Peter was present and he can correct me il I'm wrong. The bottom line is the Planning Commission denied the proposal 4 to 3, so fre ordinance that comes to you tonight ls not one that the Planning Commission has voted lor. The Council sees all amendmenb b special development distdcb, so this would have come to you no matter whether hey had approved it or denied lt. There originally was a motion to approve the proposal with the condltion that only 507o of the unit be restrlcted. The Planning Commlssion's oonoem on this itom is that they felt that this was too large a unit to be a vlable rental unit and hey were Wing to 3C compromise with the appllcant to come to a comfort levelthat tris was golng to be a unit that would be okay to create, but only if lt was going to be a vlable rental unit, and they talked about restricting only part ot the unit or actually dividing the unlt into two units. Those were not accoptable to the applicant, is my underchnding, and in the end the Planning Commission vobd 4 to 3 to deny he request Howevsr, before they did that, they agreed on a compromise square footage of 5.000 sq. ft. ls hat conecl? PJ PP RP PP Gommission and the applicant have come lo an agreement that the slze of the unit wouH be 5,000 sq. ft. maximum, whlch allows hem to add about 1,100 sq. ft. of loft area and ln-fill space. But the Planning Commission obviously stillwas not comfortable with trs overall proposal, although lt was a closs vote. The ordinance hen is in the tormat lor you to approve. lt adds, this ordinance would ackl 4,900 sq. tt. ls that your understanding of it, Rick, was there a 100 sq. ft. difference in here? Yes. Okay. So the Planning Commission and DRB. . . excuse me, the Planning 4,900 Okay. So the total amount allowed In SDD on the second page of your ordinance at the very top. What you'd be voting to do il you pass this ordinance would be to allow a total of 125,500 sq. ft. ol GRFA In tre Vail Village Inn Special Development District. That's an increase of 4,900 sq. ft and again this is what he Planning Commission compromised down to from a larger ffgure that the applicant had requested. Now, I would like - and his does not change the other provisions of that SDD, which require a certein amount of accommodation units to be built and a certain amount of square feet devoted to lodge rooms. As some ol you may recall, when we passed that ordinance, we required actually a minlmum number amount of square tootage devoted to lodge rooms only so that they couldn't 5 build all condos. At the end of that paragraph I would like to add a sentence that would say "4,900 sq. ft. of GRFA shall be allocated to Unit 30 of the Vall Village Plaza Condominiurns only.' And the reason for that is that we don't want to Just add 4,900 sq. fL and then have the applicant go ahead and put a retiail store back in there anyway and all of the sudden we have just increased he size of the SDD. So, the 4,900 sq. ft. increase, if you approve it, would be Just for ftal space only and not just a carte blanche increass for whoever ends up developlng, you know, the ultimate hotel on slte. JS - So the number of unib for Phase lV and V - ls this in Phase lll? PP - This is in Phase l. JS - So he number ot unib stilt stays the same. Joe can still do 128 units. PP - That's right That approval is completely unaffected, really, by this whole thing. So that is the one thing I would like lo add to the ordinance and we can, Larry and I can work on specilic language toward that end between first and second reading. And with that, we will lurn it over to Pebr who is representlng the applicant or questions, lvlerv. ML - | don't understand the logic of why you would allor greabr density on a projed over and above whats been approved that doesn't have parkirq, that is a conflict, I think itb going to increase the contlict that you have between residential and commercial, I mean, I dont understahd, what's the logic of having zoning with the maximum if someone can come in and get 4900 more square feet? PP - The logic is that the space is there - ML - Well, why not 50,000 square feet? PP - | can't argue the staff are not experb in retailfeaslbility one way or the ofrer, the uses are all on the site, there is residential uses on the site ard the surroundlng area, we have adopted policies in the land use plan whicfi encourage the mix of uses, in one sense it is 6 an increase in density but in anoher, its an increase in density that has absolubly no effsct of mass and bulk on he village. We have had ML - So, in oher words, the houss PP - Let me say one morc thing. We have had a history in CommercialGore I area especially. These types of cfianges and uses. The Village stafled out to have employee units on street level at the Lodge. They were convefted to retail. There were alot of second floor apartments, residential unib, in the core hat got converted to commercial space in ths late 70's and early 80's. Some of hose spaces have been even csnverted back. In an area where you have the type of mixed use zoning that we have in not only the Commercial Core but in the surrounding areas and especially this is a mixed use projec't, you are constantly going to have changes of use between residential and commerclal and even other uses on varying levels of all mixed use proiects. And I guess, l'm not here to tell you this ls the greatest thing in he world, not at all, I don't think that we're strongly recommending approval, but what I'm hers to tell you is that I think that tho application itself is something hat I dont feel is going to create any negative impacts, I don't see anythlng that's golrq to be harmed, I dont see the Vail Village Inn project will be harmed by frris, on the worst end scenario, fie prolect would be harmed by empty retail spaoe it it is ildeed not a viable space for retail or commercial ol some sort. I don't buy that argument. I think there probably could be somebody that goes in there that makes a vlable operation, but I'm reacting to an application that's come in to our department and we have to get on one side of tre fence or ttre olher and I think that lhis proposal is not going to create negative impacts and we will requke the parking to be located in that underground parking structure and I think with that we're looking at something that just isn't going to be a negative impact. ML - Okay, you've answered the use question, but what you're doing is giving 7 ,, someone the incentive to build a big volume building then come back later and fill it in by allowlng this. Everyone that's got a building that cEur go with infill, whether it's a house or a commercial building can come back now under your logic and get grsater densi$. KR - | don't think it's an infill though, is it? ML - Well, yea, he's adding 4900 square feet. You're not adding to he shell. You're saying that there's no addition to the oubide of the buiHing. They're infilling lhe floors on ths inside. JS - Yes. Up in the loft So whafs the blg prouem with that? ML - Well, what's going to stop everyone that has something that is more than 2 stories high, whether it's the glass house or whether ifs the house on, the Ghester house thafs got a volume to it, coming back and saylng, well let's infill the volume now? JS - Well, I don't think we do GRFA the same way. He's comparing it to a residential zone district. ML - But, look, lt's a residential use. JS - No, it's a SDD. PP - Yea, it's a special development distrlct, it's not the same zoning as you know, what you're talking about and ML - But the SDD has a limit put on it of 120,000 square feet, now you're saying add 4000 square feet. PP - Merv, all propefiies in Vail have a limit on it,hrough zoning. One way or anolher, you oome to a number - that's the madmum. The fact is that for the lasl 10 years we ha/en't been alraid of that ma,ximum number to Increase it and we have in probably 15 to 20 different instances over the last 10 years in Uris specific area and throughout the whole commercial core and the whole Vail Village area. We've done it, I don't need to go through 8 the names of the projects, but we have done it in many ins{ances, changed that residential dsnslty allorved. ML - Yea, but when we originally sst In a special development disfict he applicant was always for as much square footage as he couH get and that was a quld pro quo, 'You give us this - we give you that'. Now they're coming in and the/ve got a certain volume. In this case I guess 2 stories, that they're infilling in order to get greater density. And greater density does have an effect, I mean, someone's going to be In the 4900 square feet, lt's not golng to be left empty. You're going to have more people using it. PP JS unib? PP KR I don't disagree with those statements. Could we go through the thought process with one unit as opposed to two lcan't. Maybe Peggy can. Peggy has a comment. (...inaudible) PO - I think first of all, the Planning Commission felt that lt was unfortunate that In this SDD there was not a first-come, first-serve for additional square footage. In other words, this Indivldual wishes to add space to his oondominium would not be taking any of the square footage away lrom the rest of the development. We felt a more desirable situation would have been if the rest of the development... the amount of square footage of this unit. But on the oher hand, felt that is was unfair to this particular applicant that the SDD had not in fact been set up that way in the first place. (...) | think subsequently we endeavored to focus on the oulcome and we were reluctiant to gir/s up retailspace but felt the second story space as retail .... Then the question became given our direction in he master plan, which would be that we would try to enc,ourage retail space or short term rental space, but not space ftat is resldential g and not rented in the core area. We telt that we needed assurance that if in fact this unit was converted from a retiail to residential lt would be rented. And I think many of us, myselt included, were concemed with the fact that 5000 square toot rential unit was not viable. ln other words, it's fine to say hat it's on the rentral market, but no one rented it ard then the fact is that we have lost retail and we have not replaced it with short term rental. And that was rvhy we spent quite a bit of time and effort trying to reacfi some sort of compromises we blt would make this a (....) unlt lthink Merv's concemed with square footage infill ML - Then how do you, granted, when ditferent SDD's, SDD 6 is different than let's say, we went up and looked at the glass house which is a three story thing. KR - Well, residential. ML - Whlch is residential. How do you say you can do ffris residentlal, but you canl do that residential because there's less effect up on that hill adding squars footage because they've got he parking or, you know, in otherwords, they're not creating €my more traffic, all they're doing is adding another couple of bedrooms. How do you add lt at 0re Vail Village Inn and not allow someone to allo,v somgone to add it in their other properg? PO - One thing, Meru, I think we felt here would be less parking needed for he residenUal unit than for he commercial use that has been in place. ML - Unless its short term unib. JS - Merv, there ls one school of thought that disagrees with our GRFA ordinance for our residential that says if in fact you do have a two-story house and you want to stick a basement underneath it, and you exceed GRFA rules, you're really not adding anything to it, you might just be adding a family room but technically you cant do it, so there is a school of thought out there that would love to change GRFA provislons for residential also, because -19 that's a bulk and mass hlng that is going to be talked about probably over the next year or so. PJ - Ws should probably hear from Petsr here, he's representing the applicant. JS - I've got a question along this one unit vs. a bunch of units and maybe Peter, well, l'll ask it now while ib on my mind, il you do a one 5000 squaro foot unil do you mind il they do ons eight bedroom unit? Have you thought about eight lockoffs and you have a bed and breakfast small motel, or, I mean you could do that with 5000 square feet. PP - Well, actually you can only have one lockotf. JS - You can only do one? PP Right. JS - Okay. So if you can only do one, then again it goes back to her comment that you end up with a huge livlng room and some bedrooms and only one, so you can rent it two different ways then, thats what you're saying. PP - It they want to go, you could Just do one lockofl maxlmum in a multFfamily dwelling unit. JS - So who wanted to do more than one unlt, was that the Planing Commission or you? Who is recommending that they do more than one? PP - Planning Commisslon. Po (.....) JS - Planning Commission? Okay, go ahead Peter. PJ - Perhaps I can help shed a little light on this ard some of the rationale for hey, why are we in asking for hls and I am representing BSC ol Vail which oirns ths unit. ML - Who is BSC of Vail? PJ - lt'sapartnership. l1 ML PJ Composed of? One of he genilemen is Frank Clcero, I don't know the other parhers. ML - And lhey're the owners of the space? Ths reason I'm asking this is because it just went through foredosure. The buildirg did, is this part that ls through foreclosure or is this separate? PJ - No, this ls a separats condomlnium. ML - This is a separate condominium trat wasn't involved, okay. PJ - Let me hit a couple of the high poinb. I think that the reason we got a little bit oll track at he Planning Commission was because of the divercity of opinion as b how is fris unit going to be short term rented and I and the applicant created some of that confuslon because of the fact that that was soil of a last minute staft recommendation that hey had been supporting his but then a day or two before fie Plannlrg Commlssion had said, but you'll have to go with these rostrlctions. So I needed to run hat by my cllent, the owner of the unit, in a vsry short time perlod and not being knowledgeable of what that meant or how and also being an attomey, his initial reaction was no, we don't want to live with that klnd of restrlction, so I then proceeded to the Planning Commission, not agreeing wih that condition. We have since had the time to sit down and discuss it with the staff and explain it to the owner and thafs how we've now arrived at the issue as to, well, he's willing to go along with ths restrictions, is this 5000 square foot unit a viable short term rental unit or not? | havs contacted the Vail Resofi Association. Their recommendation lo ms was that, heck, yes, a 5000 square foot unit in he Village core is probably one ol the most desirable short term rental uniF in Vail. We have very feur of those - those are the ftrst unlts to rent and I would be happy to, if it comes down to that quesUon and I'd be happy to table this item untilws can all go ask the VRA ourselves whether that in fiact is true. I'm convinced that it's true, fre owner 12 is convinced that it's true, given the numbers of families and groups of people that like to come b Vail and all stay together and be in close proxlmity and walking d[stancg b the core where you do not need a vehlcle. Even though ws feel that t|e rsntal ot that unlt will not generate the need for the parking spac€s, we are willing to go along wifi the condidon that says that given the convsrslon of this unit over residential, we're willing to provide the 3 pafting spaces that are necessary and thers are spaces available through Joe Staufer at the Vail Village lnn for that pupose. Agaln, I think everyone, he Plannlng Commlsslon, staff and myself agree that the parking reguirement actually rsduces from 16 spaces to 3 so ftat thafs a net improvement. The owne/s initial inbnt here is hat they would love to keep the space commercial. They would be very happy and I think those involved wifi economics of real estate would agree that it's in their best interesl that that's viable commercial space to keep it commsrcial and over the long term that ls a much better buslness decision. I hink lt's important to stress that it is second and third lloor space, and I think the Phnning Commission on their site visit sort of understood that the poor utilization of that space as commercial, we were wllling to come to a compromise of adding half of the squarg footage that ws had initially intended lo add so that the PEC got laidy contused but we had the opponunity since there was somo time between meeungs to go back and get a cladfication of some of those issues. So I guess, the bottom line is we're now willing to restrict ths use, we feel that a 5000 square toot unit which would probaHy be 5 bedrooms ls a very hBhly desirable unit on the short term rental market. They still preter to be able to try to use that spaoe as commercial but they would like to have the fall back to be able to utilize ttris space as reskJential if it continues to look like ifs not a viable commercial space. The use is not in question. The zonlng allors the use as residential. What's in question is that the SDD is defined gq tightly that it does not allow the flexibility to add any squaro footiage in any unlt anywhere. 13 ML - What is the reason why it was defined that tightly? PJ - | can't explain that, lvlerv. ML - lt was part of negotiations that had to do with what fte Wl was gMng to the Town. Doesnl that havs to do with part of lhe park, doesn't hat have to do with part of ths coMomlnium thal, ths spacs below which ls now the ski museum? PJ - | don't agree wih that concept of SDDs, that I don't think they were ever set up ;a - There was a big issu6, I mean, lt had to do with the underlying zonlng that was on that entire parc€l and what increases there were lrom that underlying zoning, if any, through the SDD process and parlq that Mew talked about and the whole works. And lt was tight because it was a long, involved, tough proc€ss. Gail arxC I remember that and some other people probably. PJ - | guess what I'm saying is that they would just like to see some llexlbillty ln belng able to use that use as the uses are defined within the SDD and again, I gusss I would havs to say I don't think there's any positive lmpact, I can't come up here and really sell to you that, hey, this ls th€ greatest thing in the world hat sver happened. I can't tores€e any negatlve impacts given that they're willing to actually lmprove the parking situation. They do have approval of 100% ol the condominium owners which own all the adjacent units. They have gone ahead and received lhat approval and revissd the condominium declaration ln order to use the unit as resldential. They agree with all the clnditions including keepirq he exterlor appearance on the first floor as retail use. So I think it makes some sense to grant that flexibllity. I do believe that the Planning Commission was protty mudr split 50 - 50 as to whether this was appropriate or not and the confusion really came in terms of the slze of the unit. I think Jim Viele, the Chairman of the Planning Commission, pul it best, that it's one of 14 those continual fine tuning of an SDD that I guess whether we like it or not, ifs a fac{ of life that theso types of amendments and the llexffility has to be thsre in order to end up wiu| land use situatlons that work I think that Vail is not in terms of the denslty, a ftnely tuned madtine. I thlnk we see give and take, additions, deletions of ditlerent types of uses and it really is a constiant process. I don't think there is one set top number that we have a system that we transler development dghtrs. I mean, we have gas stations thal evolved inb mlxed use retiail and commsrcial and residential uses and Individual members may agree or not agree with that, but fiat's a fact of the way land use decisions evolve and I thlnk, you know, the intent here is not necessarily to do anyhing positive or negative as far as alot of these issues that could conceivably set a precedent are, thsy're to try to conlinue to make that a viable, livable space and I think we're mseting some of the goals of the Tourn in brms of we are adding a unlt that will be on ths short term rental market during high seasons that according to the VRA is very desirable and we need more of, so I think there are some positive things here. l'd be happy to answer any questions. TS - What happens to the 13 parking spaces that are assigned to tris unit which allegedly they don't need any more? PP - They dont exist. ML - Yea, they're 50 short now. PP - They didn't build parking for the first couple of $rases. There is not 13 spaces you can go point to in any where on the site for this partiqjlar spaca. TS - Would they be required in the future for that whole Vail Village complex then? PP - Yes. You mean the next phase thafs unbuilt? TS - Next phase, or whatever phase there PP - Yes, the next phase will really make up the whole parking deficit 15 TS - So the non-condominium owner is going to benetit to he tune of 13 long brm built out spaces by the fact hat he doesn't have to supply this 13 for this condo unit in tra total buildout now. The long term buildout he ls required to most the parkirq regulrementrs. Now, if we allow this conversion, he needs 13 less spaces. Nofl the condo owner, is he selling those spaces back to Joe Staufer so he doesn't have to build them, or is he gMng them back to him and Joe is going to make $130,000. b€cause he doesn't have to put them in. What's happening here? JS - How does this affect the rest of ths purchase. PP You have b understand this is not the developer, fre entire SDD or the holder of hat pool ol GRFA or parking so hat this orrvner is not required to at any point put in thoso 13 spaces. TS - No, I understand that, but Vail Village Inn, Inc. or whoever is doing it is ultimately required to build those 13 spaces if we leave it the way it is. PP - That's not really not at all the way the whole thing workecl out at all. We did not... My recollection, Tom, is that the ultimate buildout of the site will not contain 100p/o of what the parking requirement would be for everyfring on the site. I can't go back ard tsll you whal percentage of the overall parking requirement will ba built, you know, under he approved SDD, but it just wasn't that dean a connection. I think that here was a certain amount of kind of what's there now is there now and lefs plan he hotel, the eventual hotel thafs not built, and get the parking that's going to be adequate for the commercial and residential hat's going to be built and live with the existing sltuation. JS - Peter, where does 13 parking spacss come from? PP - The 13 parking spaces comes from if they propose to buitd this Hg a retail space you divide the total square footage by 300 and you'd get 13. 16 JS - Petor, lhe point is, if they're allowed to, that does not atfect the number of parkirg spaces that Joe has to deal with hls hotel does it? PP - No. JS - lt shouldn't affect the SDD requlremsnt for Joe's parking. PP - No, I dont think lt would. PJ - | thlnk you could make a stiatsment in the ordinance that it doesn't. JS - Yea, we want to make sure it doesn't because we know he's going to be short anylvay. I rsmember from thoss days that there really isn't an overahlndance of spaces and we were valet parking and all sorts ot things b get TS - Well, either that or he doesn't get to buiH as much. Whidr ls where we should be coming from. JS - Right, bul I think the point needs to be brought out that if they get to convert, that doss not cfiange any requiremenb for Joe's parking. KR - Peggy, another comment? PO - | just wanted to make a couple of other commenb, one oonoem expressed (....) was that 10 parking spaces are In frad nonexlstent when people renting the urft need b be taking things like groceries to it and they will probably expect a parking spot ard presumedly thoy were allowed to drive to that restricted area (...). Anoher ltem that I think we included as a condition on this approval (...) that if in fact this convsrslon oocurs we thought that he double doors that are facing b the south should be closed and tumed into a display and then the access should be from lhe west, there's also a doonray comlng from the west so ftat lf you wers walking along Meadow Drlve you would see a dlsplay window rather than a door. JS - A display window for another retail space or somehing like that, is that what you're saying? | mean for the one next door maybe? 17 saying? PJ - No, I think they'd llke to have th€ flsxlbllity to ksep it, their desire b to keep lt as commercial if lhat's viable. The sense is that it's not viabls. They have no tsrants running fonrard to get into that spaco, it's historically been a problem. I think at least half tre Plannlng Commission agreed that the changeover in that space has been si,gnificant over time and that they would rather see some vlable use ol that space rather than boaded up. And whether hat space is ever going to be boarded up or not is purely speculation. ML - Are they the original owners of the space? PO PJ JS PJ ML PJ ML Yes. (...) And we're in agreement with that. But you're not sure you're going to change the space, is lhat what you're I don't know, Merv, how long theyve owned he space. Okay, I think the answer to that is no, so they bought he space kmwing what Well, but ths use of this spac€ is allowed as commsrcial or resfuJential. I don't have a problem because here's already residential there. I hink in they were geting. I mean, they got a price on it based on the knowledge that they now have that it doesn't work as commercial. general because of my experience at Crossroads, doing one building mixed and one h.rildirq not, that he mixed building doesn't work and it creates problems. The least of which is not the fact of what happens when you want, when the building gets too old and you got to rip lt down. There's a real problem between commercial and resldential. The problem I've got is ading the square footage. lf they want to change lrom commercial to residential I don't have a problem with ll Adding 1 square loot more of space to hat building I don't agree with and will vote against because the negotiations that went on when we did this lor 120,000 we got 18 several things out ot the developer and now to go back and come in and want to add 5000 square feet to me is not a reasonable rsquest. Besidss the problems of parking. KR - Peter, I need to ask a question or two. The original request was for 5700 square fset arxd now the final request is for 39fi) square feet? PP - The original was for 5700, the staff recommended the convsrcion of 3900 whicfr was the existing square footage and then he Planning Commission compromised wifi the 5000 square foot figure which actually comss down to 4900. KR - Okay, so tonight hen we are at an addition of 4900 squars feet of GRFA. PP - Corect. KR - Out of the 4900 squaro feet, how much of that is new space? How much of it was retail spa@, how much of it is new space? PP - All of it. All ol it. No, l'm sorry, no, that's 3900 hundred and some. PJ - The 3927 is existing. KR - 9927 square feet ls existing. 4900 square feet of additional GRFA then really means an additional 1000 square feet to the buiHing. 1000 square feet is the inflll. PJ - And they really only want to add 900, I think lt was just rounded off to a 1000 so that we didn't get into a KR - All right, I'm square on that. Now, when SDD 6 was originally approved and revised and everything else, I seem to remember that there were limits on GRFA, there were limits on commercial space and there limits on the total square footage of the entiro project. Why then, if we want to allow this to happen, why then are we not reducing what's allowed through the 5 phases in the entire prolect by the sarne amount that we're increasing this. ]n olher words, if we're Increasing GRFA by a certain number of feet, why arent we laking a certain number ol square footage out of f|sir total GRFA that thsy'rs allowed or the total retail 19 that they're allowed? PP - Good question, and the basic answer to that is that the ownsrs of trat unbullt square footago wouldn't agree b reduce their number for this applicatlon. PJ - That's never been a point of discussion and there is no where in he SDD that commercial space ls set as a top limit. PP - No, then I didnl understiand your question. I thought your question was was why aren't we leaving it at 120,600 and reducing lt by 5000. KR - | thought we had a ma( on what could be built through fre 5 phases, perlod. PP . GRFA. KR - No commercial? PP - Okay, then I did misunderstand the question. KR - Well, I know we had a limit on GRFA. Did we have a limit on commercial space? PP - Yes, there was a limit on the commerclal space for the unbuilt portlons of whatever they proposed. We accepted the development plan, counted up he square footage and sald that's the commerdd that wlll be allowed and the number is about $16,000 additional. As lar as the total trat's out there existing, I dont believe there is a tdal commercial maximum that's out there in the SDD 6. JS - I've got one additional qulck question. lf they were to come in for additional commerclal square lootage because thsy nranted to add some lofb to this spac6, what would we tell them? Are they allowed to come in and ad commerclal? PP - I thlnk they would have to come through the same procs$s. I belleve they vuouE have lo come through the same process. JS - But you'r€ not sure what that SDD says regardlng 20 PP You guys are asking some bugh questionsl SDD 6 is not the deanest, simplest ordinance that we have in our zoning code. ln fact, lt took on a creatiw approach ln about 1973 and we've been fyhg to dealwih it ever slnce. lfs iust not that clean. lt's not writbn so that you know because you've done SDDs hon you get a proposal, you get comfortable with it at one point or another and you adopt the development plan. And that's got x amount of square footage for residential and commercial and locations and uses and this and that. This SDD ls not that clean. There ls not an overall one maxlmum number of commercial that can be built on the entire site. JS - Do we have any SDDs fial we'vs increased GRFA or commercial squars tootage space? PP - Oh, allsorts of them. JS - We have? PP - Sure. JS - Like the Westin we did, we increased it on that, didn't we? MC - How did Garton's Saloon get transtened into condominiums - under what process? PP - They redeveloped the building and condominiumized it - each space. MC - There's nothing similar hero to that? PJ - Gould I make a suggestion hsre Kent I think trere's a fair amount of confusion that I'd like b request that we table this for a fsw weeks ard try to understard a[ the -- Id liks to before we do that just get some kind of a reading of what maybe the questions or additional lnformation are but I'm in total disagreement that there's a cap of commercial on the SDD ard so I'm not meaning to save hat argument, I think Peter and I need b sit down and go through the ordinance 21 JS - | think my question regarding Kent have we added on GRFA in commercial space to other SDDs I thlnk is, I'm sitting here wondering ten years from now, lifteen years lrom now whoever owns that whole building is going to come to you and say we need to do a redo - a new SDD - totlally redo the building and in order to do it and we've seen this recently wih a number of buildings in the Village where it may have to pop out some dormers and ctme out with the commercial out to the street and make it a bettsr fill In and on and on. And that will probably be proved at some point in time. ML - And we'll probably pay you as muclr as $3000 for that $10,000 parking spacs. JS - I'm not talklng about pafting. I'm talking about redevelopmont in town and people taking a bad space and making it good and I think thafs what thls fellow's trylng b do. I don't know. I mean, ifs up to him lf he thinks residential is better commercial. Sounds like he hasn't even decided yet. ML - Well, hs's got something to sell. He's got an Infill and all of a suddsn he got a 5000 square foot unit that you can sell as a residential unit versus something you probably can't sell too easily as a commerdal unit. JS - So do you penalize him or do you sgueezs him lor what ML - No, what's best for the Tonrn PJ - But Merv, how does fflat relate back to ... ML - lt's a give and taks situation. He's asklng lor somothlng. lt's a negotiaton. PJ - Yea, but how does that relate back to the health, safety and welfare of the community? Whether a guy can sell his unit or not? ML - lt will be a healthier town and a safer town if we got the money to pay for trose lses. PJ - Well, I would like to tabte this. 22 GW - One thing that I would be interested 's, is ihe viability of the leasing of the 5000 square feet so when you come back JS - l-ly only comment is golng to be and somebody recently held a open house for brokers above the River House Condominiums, there's a penthous€ up there that the fellow owns and he was short term renting it and I can bll you there are only a handtul of penlhouses in all of Vail Village and that's the only one that I know, maybe thera might be one other, that will short term rsnt GW - How large was that? JS - lt was 4000 square feet. Vail Athletic Club might have one, h'rt you have a few others. lf you can think of all of the buildings in town and whidr might havo a penthouse on it, most are owner-occupied. Well, it's a penhouse In the sense that it's a top floor 5000 square foot.. ML - With a good view ol the Sonnenalp rederrelopment. PJ - I do think that's a valid question and we can do some more research on hat and the staff can do some more resoarch on that. JS - | think you're right. I think the VRA reservationists were at that unit for trat open house and that was the rsason for the open house and they were excited about having a big unit available. ML - You answered his question different that I read this document. In SDD 6 what is he total number of square leet in that building nor? Both residential and commercial. What's the total number of square feet? PP - No idea. ML - But I mean, is like 120,000 plus the commercial? Lsfs say 100,000. PP - You're talking about this one building? 23 ML - This SDD 6. The next question is, under his proposal, how many square bet wlll lt, square feet - | don't care GRFA, I don't care commercial, how many squarc feat, wlll the square feet not lncreass by how much? PP - Say that agaln? ML - What will be the difference In the number ol square feet before and after this proposal? PP ML PP ML PP ML PP leet. PJ 1000. 1787? No, 1000 and lt could be 900. But the origlnal request was for 5714. Yes, it has been knocked down. And now it's been knocked down to 1000. Additional square feet 3900 exists today. They want another 1000 to inflll lofts and add 1000 squars I guess our reasoning ftere is that we don't want to take a bad commerclal unit and make it a bad residential unit and we nsed to do a site visit and get into the space and look at it so that everybody understands what we're talking about, h.rt the whole idsa in adding the space is I think when you wdk in there you'll see that if you are to go along with the ldea that it could be utilized as a residential unit, there be no, I don't thinh logical rsason to rsstdct not at least adding enough square footage to rnake it a good unit of soms kind and make it a good residentlal unlt. JS - Peter, what happens when the owners of lhe rest of ths top floor, commerclal In the building's comrnon site, we harre the same problem. We want to build rssidEntial. PP - | hope they don'tl 24 ML - Why do you hope hey don't? TS - What does your study ot commercial uses show. We did a study what 3 or 4 years ago. What do we s.ry in that study lhat should be done? Are we golng counter to lhat study? PP - To which one? TS - The one we did on needs of nal commercial spaces in the villages? We dil a study several years ago. PP - | don't thlnk ifs necessarily so, that that study dkl show that w€ could handle more oommercial space but it dldn't get into the specifics of whats viable commercial space and what isn't in terms of specifically where ltl located. I don't think hat this is really going against the relail market analysis, the one ws're refening to. PJ - Well, and to answer the land use plan shows thal we have a deficit ol 70,000 squate feet of retailwhich I know some people tend to disagree with. I agree with. l'll be he last one to be in favor of reducing he amount of mmmercial squaro feet in town where it's viable space, where it's ground level space or it's in a good location, but I hink here's a real concem here for second and third floor space, that is difficult to get people into that are into ski boots or whatever. TS - Now is there presently third floor In this spacs or is hsre only a third floor il we allow the extra 1000 square feet? PJ - There's presently a third floor. ML - lt's a loft retail spacs. This is where he old Polo Shop used b be. PJ - So again, I guess, is there any consensus, is there any direction if we table this to TS - My oonsensus is I willvob no. 25 PJ GW Okay, Gail? The biggest problem I think is he increase in the GRFA and I guess the question is, if you switch lt from 3900 commercial to 3900 residential, would you be getting all this static. And then the second question for that, and thafs why its viability is, is this 5000 sguare foot residential unit hugely better as it rslates to the rental market which creates life and vitality within the core, because ws want to, ws nesd bgtter hotel rooms. So that's , l guess, what I'm struggling with. PJ - | know where you're coming from. ML - To get one mors squaro inch in that building whic*r was negotiated, you'd have to give me something to make it worthwhile and I would suggest he $7500 a ye:r of the ski musgum's condominium fees. KR - | dont know how viable it is in the first place, Merv, I mean after you buy it and remodel it for that kind of a use, you know, a lot of dollars in it, thafs not our concem however. I guess what contuses me about this issue is ws have granted some additions to SDDs before but I don't know if we've done it on a piecemeal basis. I guess the last one we looked at was the Westin, or whatevsr name that SDD is, and we looked at parking, we looked at commercial relail, we looked at ths spaces that haven't been built, both in ths aroa of he ruins down there it's called and the infill space where the tent is on the lawn and where the rockpile is and we understood that whole thing. What I don't have tonight is a full understianding of this SDD. We're piecemealing it and I don't know whafs to keep the next guy from coming in next week and biting off another plece and that's the part of fte process that I don't like, so for that reason I would be reluctant to vote for it tonight. lf I understood more about the ramifications of the entire SDD I'd be more willing to look at it favoraHy. JS - One of the problems is hat you have this condominiumized SDD nor. Your 26 owner has to get everybody else's approval before he can change his part of tp SDD and how do you change an SDD when you're just one of many condomlnium owneE. I guess we're saying tonight we could. I donl see, qulte frankly, why he needs more than 3900 square feet to make one unit. I mean, that would be probaHy one of the five largest units in Vall Village. There are very tow hat are over 3000 square bet so to go above 3900 to do one unit - lt will be a 5 bedroom unit witr the bigg€st livirg room In Vail Village and etiil have room leftover. ML - He's going b sell it to an lran prince. JS - ll we were saying he's going to do 5 unib and you want thsm to be 900 square feet each or something like that, but when you do that then you adcl more parking. Then obviously you have a lot more parking requlrements everytime you add another unit, there's supposedly another tamily to be there. I think 3900 square feet is plenty big. ML - You can probably get Kenfs approval by saying that thsyd take lt wih a dog. MC - ljust stepped out for a minute, are you asking hon I would vots tonight, is that what your question ls? PJ - | have requested that we taible it and I was lust going to try to get a general.. MC - I don't think I could support it tonight. PJ - a consensus as to where we're headed, and I think I have a pretty good Hea. Now lt does bring up a good question as to who owns the square footage within a zone district and the rights to use ll, because, and a for Instiance. For instianc€, I liv€ at Coldstream. That project has a totial of 65,000 square leet of GRFA. That is a pool of GRFA out there which the proJect was maybe built to 60,000, so there are 5000 additional. So as people want to add on they can come in. And trey don't go to he developer of Gascade Vlllage or Coldstrearn to purchase that square footage. 27 ML - lt's probably called common area. PJ - No, there's exoess GRFA. And all I'm saylng is that I think he didr't have any problem with us going to Joe Stauler and saying, sell us soms of the GRFA, so itb kind of lnterestir€ in the ditferent SDDs , hat square lootage ls actually owned by individuals and not available to the entire proporty. And ln some instances it's not, it's an interssting point hat ought to be consHered, I thlnk, in future SDDs because lfiink you do need to build ln at least enough flexibllity. I mean, I pity the guy who has to come in here that does own a residential unlt in Vail Village Inn Phase I and wanb to add a 2500 foot loft and to have b go through this, fiat he would have to go through this process- So I think we have to be careful about pinning SDDs dontn to the exact square footage without leaving some sort of a bit of a flexible amount for fine tuning. You know, I see this as a fine tunlng and I guess I'm in the minority and thats okay- But, I think it's been a good discussion. TS - lt emphasizes the point that we likely shouldn't have SDDs in the first place. We're getting into a bag of worms here that's going to get worse as these buildings get oHer and you have b redo them, they're almost impossible. JS - Peter , if you have a dupex lot and there'B a duplex on lt, and thsrs's 1000 square feet of extra GRFA available to that lot and one of the sUes comes b you and says I want to take he 1000, do you say you have to get fie permission of the other s6e or what do you do? PP JS KP KR JS Go for it. You just let them take the 1000? We don't require the approval of the other side. First come, firct serve. Really?? 28 a t,a I MC lt's a race for the footage. ML - We should talk about that. JS - That's a problem that somebody can do that and take all of the lofs GRFA. ML - Maybe we should have GRFA die after a ceilain number of years. PJ - Kent, ld like to request anyway that ws table fils I guess indefin[ely. PP - Yea, I'd like to table it to a speclfic date though. PJ - Ysa, let's table lt to Novembsr 13. MC - So moved. PP - Whatever you're comfortable witr. KR - ls there a second? JS - Second. KR - Moved by Mike Cacioppo and second by John Slevin b tarble Ordinane #24 on ffrct readlng for two weeks. ls there any discusslon? lt's actually 3 weeks, next regular meeting. KR - All in favor of ths motion signify by saying 'yes'. ALL - 'Yes" KR - Opposed? (pause) KR - lvlayor votes yes. Passes unanimously. .*.VilEIwfF 29 o ; :,(e^^. lNr.&* l. F4.*/- C';zr ,, ' (--t".*^ EA "r'.t ,k "- /ri.r-*t** 42a4*t^41" /y*rra, ' t .* \t t e*".r--H( ^e*+1 4*t4 tt /A^7/,f , ,* ./R a-- 'e:ttx-a,,4 ,L4..4. ^";r, /d^, q fu 4 /^rrn\./- / (- & .* AJ-r, 4^.4n-1H;; rtahi-*+a 1 ,d1 ZC r'.c4,;.&4d tr -de O^-(. ry.*'(,fr^.4f* , " n'h, / -* hr-*/n" - &-^! .{,4,u- c, ry lLilT L. Dlaw ,rJ b.^l 7a /..*/- a-1a -4.4. ru rt.E, ,.-e- > t &ran@ ffiD"rut O11gg2, P.0. Box 7 Vail, Colorado 81658 303/479-2000 - FAX 303/479-2019 3S/179-2020 - FAX $3/479-2029 303/479-2000 - FAX 30y479-2069 July 1, 1992 Kristen Pritz Town of Vail Planning Dept. 75 S. Frontage Rd. W. Vail, CO 81657 Dear Kristen: Enclosed please find an application form for an amendment to a special development district and an accompanying $1,000.00 check. This application is a request for the removal of the restriction imposed by Ordinance No. 24 series of 1989, subjecting condominium unit #30 to the restrictions of Section 17.26.075 of the Town of Vail Subdivision Regulations, On behalf of the Seller, I hereby request to be placed on the agenda of the Planning and Environmental Commission as soon as possible. I also would like you to review the enclosed application and make certain that it conforms to all Town of Vail Planning requirements. Please pay particular attention to the list of owner of adjacent property. If for any reason you feel I have not included all adjacent property owners, please notify me and I will supply you with the appropriate names. I look fonvard to working with you and your staff regarding this matter. Sincerely, VAIL ASSOCIATES REAL ESTATE. INC. &a/* Kenneth D. Wilson Vice President lhil Associdbs. Inc. - Creabrs and 0perabrs ol \hil and Eeawr Crc*o Resorts II-A. o fffr!..rur-ui1992 Request removal of restriction imposed by Ordinance No. 24, series of 1989, subjecting Condominium Unit 30to the restrictions of Section L7.26.075 of the Town ofVaiI Subdivision Regulations. \.. revia€d'9/4/91 This procedure is required for any project that would go through the Special Development District procedure. The application will not be accepted until aL] infornation is submitted. (please print or type) A. APPLICANT BSC of VaiI Coforadc/o Kirkland a El11s Partnership E of APPLICANT, S ADDRESS P.O. REPRESENTATIVE Ken Wilson Box 7 81658 owNER(s) BS tt^ SIGNATURE ( Fr PHoNE-@ Limited PartnershipPROPERTY oTNNER(S) MAILING ADDRESS C/O KirKlANd & E1liS 1999 Broadwav. Denver, CO 80202 PHONE--]-9-31-@!-€- LOCATION OF PROPOSAL: Vail Village Plaza Condominiums, Condo STREET ADDRESS: 100 East Meadow Drive, Vail, co 81657 unit 30 LOT BLOCK_SUBD rvr s roN ^i 0 \o)rtISEE AttachedilEtl II ISEE Attached Gcriptionl A. E.ALISToFTHENAMESoFowNERSoFALLPRoPERTYADJACENT.aI ToTHESUBJECTPRoPERTYANDTHEIRMAILINGADDRESSES.*; {+U- &ry.t b uai! ar.,,^vr\4 $i \ii*, :ffirJl:.copie's of the followins Information nust De i\t@/ Detailed wrltten/graphic description of proposal; Anenvironmentalinpactreportshalfbesubmittedto the zoning administrator j-n accordance with Chapter 1g:56 her5of unless waived by Section 18.55.030, exempt vrrniar-f c r An open space and recreational plan sufficient to meet the dernan-ds generated by the development- w+lloYt undue burden on aviilable or proposed public facilities'' Existing conLours having contour intervals of not nore inan riie feet ii the aierage stope of the site- is twenty percent or less, or witf' cont'our intervals of not rnore than ten feet if the average slope of the site is greater than twenty Percent. A proposed site pian, at a scale. not smaller than one intn Lquals fifty feet, showing the approximate io"ition" and diinensions of all buildings and. structures, uses therein, and all principal site developmeni features, such as landscaped areas, recreational facilities, pedestrian plazas and walkways, service entrj.es, driveways, and off-street piiii"g and loading areas with proposed contours after grading and site develoPment; a n tr['0 JUL 01 Pge- DATE APP],TCATION RECEIVED .IPPLICAEION FORl.t FOR SPECIAL DEVEI,OPIIIEI{I DISTRTCT DEI/EIOPIIENT PIA}I MAILING ADDRESS 1999 Broadwa PHONE Denver, Colorado 80202 E. v .^' a scafe not smaller , F.A preliminary landscape plan, at than one inch equals fifty feetl showing existing landscape features to be retained or removedr and showing proposed landscaping and landscaped site development features, such as outdoor recreat,ional facilities, bicycle paths, trails, pedestrian plazas and walkways, water features and other elementsr' G. Preliminary building elevations, sectiona, and floorplans, at a scale not smaller than one-eighth eguals one foot, in sufficient detail to determine floor area,gross residential floor area, interior circulation,locations of uses within buildings, and the general scaLe and appearance of the proposed development. III. TIME REQUIREMENTS A.The Planning and Environmental Commission meets on the 2nd and 4th Mondays of each month. An application with the necessary accompanying material must be submittedfour weeks prior to the date of the neeting. The develoDer must beqin initial construction of LheB. r \,7 special development district within three years from the time of its final approval, and continue diligenLly toward the completion of the project. If the special development district is to be developed in phases, the developer must begj-n construction of subsequent phases within one year of Lhe completion of the prev.ious phase. NOTE: It is recommended that before a Special Development District application is subnitted, apre-application meeting should be set up with a rnember of the Department of Community Development. FEES Applicat.ion Fees are as follows: a. Establishnent of SDD b. Major Amendments: c. Minor Anendments: $1,500.00 $1,000.00 I 200.00 Application fee paid: I r\ ^+ ^IJctLE If this application requires a separate review by any local, St,ate or Federal agency other than the Town of Vai1, the application fee shall be increased by $200.00. Examples of such review, may include, but arenot limited to: Colorado Department of Highway Access Permits, Army Corps of Engineers 404, etc. The applicant shal1 be responsible for paying anypublishing fees which are in excess of 508 of the application fee. !f, at the applicant's requesLr doy matter is postponed for hearing, causing the matter to be re-published, then, the entire fee for such re-publication shal1 be paid by the applicanL. Applications deemed by the Community Development Department to have significant design, land use orother issues which nay have a significant impact on the community may require review by consulLants other that town staff. Should a deternination be made by the townstaff that an outside consultant is needed to review any application, Corununity Development may hire anoutside consultant, it shall estimate the amount of check * /2// A.v. t- \ money necessary to Pay him or her and this amount shall be f-orwarded to the Town by the applicant at the time he files his application with the Community Development Departnent. Ubbn completion of the review of the application by the consultant, any of the fPnds forwarded Uy Lne applicant for payment of the consultant thich have not been pald to the consultant shall be returned to the applicant. Expenses j-ncurred by the Town in excess of the anount forwarded by the applicanu shall be paid to the Town by the applicant within 30 days of notification by the Town. MINNESOTA TITIF I\fflU .rr;i, 01$gI HOME OFFICE 3033 East First Ave.,5uite 600 Denver, CO 80206 P O. Box 5440 Denver, CO 8021 7 321-1880 i FAX 322-7603 ADAM5 9101 H arlan, #'100 Westminster, CO 80030 427-9353 I FAX 430-1572 ARAPAH O E 7700 E. Arapahoe Rd., #150 Englewood, CO 801 '12 770-9596 / FAX 290-9040 ARVADA 5440 Ward Road, #200 Arvada, CO 80002 420-0241 / FAX 423-1365 BETHANY 11059 E- Bethany Drive Au rora, CO 80014 750-1717 / FAX 750,5412 EAST 3300 5, Parker Rd., #105 Aurora, CO 80014 751-4335 I FAX 7 45-2669 Commitment To Insure lssued thtough the C+ftE of: EIDDLERS GREEN 6400 S. Fiddlers Green Englewood, CO 80'l 11 771-4539 I FAX 771-4526 HAM PDEN 8821 E. Hampden, #100 Denver, CO 80231 750-4?23 I FAX 750-4261 J EFFE R5O N 710 Krpling, #2 02 Lakewood, CO 8021 5 232-3111 / FAX 238-2956 SO UTHWEST 3509 5. Wadsworth, # l 15 Lakewood, CO 80235 988-8550 / FAX 980-8324 YOSE M ITE 3600 5. Yosemite, #25 5 Denver, CO 80237 694-2837 / FAX 843-0402 BOUTDER 2425 Canyon B lvd., #230 Boulder, CO 80301 M4-4101 I rAX 786-8423 LAND TITLE GIARANTEE COfi/PANY P O. 8ox 357 108 S Frontage Rd. W. Varl, CO 816 58 47 6-2251 lDirec., 595-961 3 FAX 476-4534 BRECKENRIDGE P O Box 2280 200 North Ridge Ereckenridge, CO 80424 453-2255 i FAX 453,6014 CASTLE ROCK 5'12 Wrlcox Cast le Rock, CO 80104 688-5363 i FAX 688-0143 COLORADO SPRING 5 102 5. Tejon, #100 Colorado Springs, CO 80903 634-4821/Direct 59 5-41 1 3 FAX 634-31 90 PARKER '19590 E. Main 5t., #105 Parker, CO 80134 841 -4900 VAIL P. O, Box 357'108 5. Frontage Rd. W. Va il, CO 81658 47 6-2251 I Di ed 595-96 1 3 FAX 476,4534 AG E NT5 DU RANGO 1201 Main Ave n ue Durango, CO 81 303 247-5850 / FAX 247-9089 To lnsurc ALTA Commitment- 1 970 Bev. MINNESOTA TITLE INSURANCE C0MPANY 0F MINNES0IA, a Minnesota corporat on, herern called the Company, to' a valuable consideration, hereby commits to issue its oolicy or policres of tille insurance, as identified ,n Schedule A, in favor o{ the proposed Insured named in Schedule A. as owner or mongagee oi the estale cr Interesl covered hereby in the land described or refened to in Schecjure A. upon paymenl of the prem urns and charges therelor, all sublect to the provrsions of Schedules A and B and l0 the Cond tions and Stipulaiions hereof. This Commitmenl shall be efieclive only when the identity of the proposed Insured and the aflrouni oi tne polrcl or policies committed for have been inserted n Schedule A hereof by the Company, either at the t ma of the issuance ol lhis Commitment or bv subseouent endorsernent. This Commitment rs preliminary to the issuance of such policy or poiicies 0l trtle rqsurance and all liabrlrt-v and obligations hereunder shall cease and terminate six months after the etfect ve dale hereo{ or when the ccl cy or policies committed for shall issue. whichever firsl occurs. provrded lhat the iailure t0 rss.,e such polrcv or polrcies is not the fault 0l the Comoanv. CONDIT]ONS AND STIPULATIONS 1 The term "mortgage", when used herern, sha I rnclude deed of trust, trust deed.0r other secufri- instrumenl. 2 lf the proposed lnsured has or acqurres actual knowledge ol any defect, lien, encumbrance, adve,se cl6 'r or other matter affecting the estate or rnlerest 0r mongage there0n c0vered by thrs Commrtment other thar those sh0wn in Schedule B hereot. anc snaii ta i t0 disclose such knowledge t0 the C0rnpany n writing, the Company shall be relieved from I abrl ty for any loss or damage resultrng lron any aci ci felrence hereon to the extent the Company is prejudiced by failure 0f the proposed Insured to so discrose such knowiedge lf lhe proposed lnsureC sha' c,r-,,:! su:' knowledge to {he Companv, or if the Companv othentise acqu res actual knowledge of any such delect, lien, enc;mbrance adverse cla n 0f oinei rrlane: t].e Company at its option may amend Schedule I oi this Commitment accordingly, but such amendment shall not relreve the Companv lrom iabi rtr prevr0us J, incuned pursuant to paragraph 3 of these Condrtrons and Stipulalions 3. Liabrlity of the Company under th.s Commitment shall be only to the named proposed lrsured and suir parttes rncluded under the definition of lnsured in the forr of policy or pol cies committed {or and only for aclua 10ss rncurred rn rel,ance hereon r. undertaking in good laith !a) to comply with the requ rernents hereof or (b) to elrminaie exce0t ons shown n Scl"edu e B, 0r {c) i0 acouire or cre.le I'e eslr:: Or interest or mortgage there0n covered by th s Commitmeni In n0 event shali such liab lriy exceeC the amcun: s:ated rn S:hedule A lo.tre p0 ra, Jr p'-r! i eS committed {or and such Iiability is sublect to the insuring prov sions and the Condrtrons anc S|pulations aird the exclusrnns from Coverage 0i ihe fcrn 0j pollcy or policies committed to, rn lavor of the proposeC i'rsured which are herebv incorporated by refererce e:rc .maCe a pal ci thts Comm trnent exce!: a: expressly mod f ed herein 4. Any eclrcn or actiOns or rioh:s ol aciion that thE prcposed lnsured nrei have or may brrrg age .st tn= Company arising out of the status oi the t tle t0 tfe estate or rnterest 0r the status ol lhe mortgage ihereon coveied by this 0ommrrmen: mus: be based 0r and are sublecl to the provrsrons of thrs Comm tmen't STANDABD EXCiPTIONS In addrtion to the matlers contained in the Condnrons and Stipulations and Exclusions Jrom Coverage above referred to, this Commitment ts also sublect to the lollowrng: l. Rights or claims of parties in possession not shown by the publrc records. 2. Easements, or claims o{ easements, not shown by the publrc records. 3. Discrepancies, conflicts 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 bythe public records. 4. Any lien, or rightto a lien, for services, labor or materialtheretotore or hereafter lurnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims 0r other mafters, it any, created, firsl appearing in the public records or attaching subsequent 1o the etfective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covereC by this Commitment. lN WITNESS WHERE0F, Title Insurance Company of Minnesota has caused its corporate name and sealt0 be hereunto affixed by its duly authorized officers 0n the date shown in Schedule A, to be valid when countersigned by a validating officer or other authorized signatory. TITLE INSURANCE COMPANY OF MINNESOTA A Stock Company 400 Semnd Aveoue TIT|F l\ Authonred Signatory TIM Form 25E2 l6p*, f(^-f'l*8y *,,,-fu8/,,,,",,o ALrA O""rrMENlr SCI{ETXJLE A O.r order No. \719003 For Infq,rmtion Only s1-s5.00 $155.00 ****WI1IH YqlR REI{ffIAIICE PLEASE REFER IO C{,JR OFDER. I\lC. V19OO3.**** L. Effective Date: rrfEDrr frutitrEnt Proposed Insured: 10 BE DEIEMINED !!ay 28, 1992 at 8:00 A.U. - Ctrarqe-s -lBD Ccmdtn6nt--IIf,TAL-- 3. ftg eqtate or inter-est in tne lard desaibed or refelred to inthrs 6m.itn9nt ard covered herein is: PAGE A Fee Si-np1e 4. Til1e. to Ule. estate o-r interest covered herejl is at ttreeffecEive ilate hereof vested in: IR$fi qrqBo, JR. AS ID P4,KEL_1, AND BSC OF \tl\.IL, @r.ORAm,L.p.r A @IoRAm rJMrIED pAFm{RSdA[rD-F -clcmo;ffi-As TO PERCE,2 5. lhg_lard referred to in ttris Ocnunitnent is dessibed asfollcrs: PA,RCE-, 1: qch|g}t{m[I[M UNIT-_L0r_vul,_ vrtIAcE prazA e{mMrNItMS, AOoORDINGTO lHE AI'{BTDED @NDOMINIII}{ I,'AP THERMI RMb,RDb- Otr6Eii-J;' 1'85ry _gqQK 425 AT p4GE_60e, Ar{D AS DEETNED atD DnSCnreED-II\I-trE- -- ga[mmfnntr Dmr.ARAfroN 8EQqRDD NOVD,tsR rg,lssz-n{ xb(zoo 4T_PACE ?g?,- I1IE !IRs._r 4r,mE[,IEl'tr n 'n@npn DuffiEii i7;1989 rN mK 520 AS PAGE 306, TrE SEm[rD ltMElttr,lwr-frmEflo= - ',gEqq3pE)_lqgr z?,_!e,eg IN BooK s25 A3 pAeBl4o ellp-It{E-rrtrDArqENnlENr n{REfro_BECIoBDED JAl,ltnRy 15, 1eal it-FiDk 5rr5 ellEcr696, @UNIy OF EAGL,E, STArts OF OLORADO. PARCE, 2: ALTA O*"rrrt{ENT SCIIEDIJLE A otr Oder No. VL90O3 @NXTTfINIII{ I.['ITT 30, EIRST A}IENEMENT TO THE AII{ENDED @NMMINIIM}AP FOR VAIL !fII;IAGE PIAZA @NET{INII,IS, A@FDIT.IG IO TfIE OONEMINTU,I }AP REOORDED DMEMBER 27, L989 , AND AS DEF'IND AITD DESCRIBED IN TTIE GIMMINTIJM DETARAIION RMFDED IdOI/EMBB, ].9,1984, IN ffi 4OO AT PAGE 202, EIRST N{ENTI{E.TT $IRETO RMRDED DEE!,IBER 27, L989, IN MK 520 AS PAGE 306, SM{D AI,TE,ITII{E.IIIHREIO RE@RDED IARCII 29, 1990 IN BooK 525 Atr PAGE 540, AND TtIE IHIND AMENEMENI IHREIIO RruRDD JA}II.IARY 15, 1991, IN BOOK545 AF PAGE 696, @{,lNry OF EAGLE, SI{IE OF @IORADO. PAGE ALTA .O""rrMENT scI{ED[,'I.,,8 B-1 (Req'rjrer€r|ts) q.E Oder No. V19003 Ihe follodrg ane the requirercnts to be ccnpLied wittr: 1.. PaVrHtt to q for t}|e aoccnmt of the c0ianLors or rDrtEraqors oft}rA fuII qsideration for the estate-or irtterest to Ee-insred. 2. HrcE insfunent(s) seatirs the estate c interest to beimntred rust be e*eortcd ard-duly filed fc record, tsr+it: 3. REEASE OF DED OF IRUSI DAIED Jr.up 08, 1987, F?S'{ FIANK CICRO, JR. IO IllE PUBIJC TRT'SIE OF EMil..E @TJNIY FOR, THE-USE OF OOT.EINE{IAL TT.NOIS BAI.IK NIDrRusf enlPAl-ly OF clIICem IO SErIIRE ItlE sIlM OF S450,000.00 RruRDED Jrre 29,1987, IN mK 455 AF PAGE 1.55. SAID DEED OF 1IBIJST I.GS FI]RIHER, SMJRED IN ASSIGNI.IEM OF RENIE RMDED &n|e29, L987, IN mK 465 An PAGE 167. (AFTETS FIH PARCES) 4. RH.EASE OF DED OF RUST MTED Novenber O4, L99L, FROM BSC OF VAIL,@IORAM, L.P. A OIORAM IJMTIED PARINRSIIP IO'TTIE PUBLTC IRUSIEE OF EAGLE @UNIY FOR lHE USE OF taRRIS BANK HINSDAI,E, I{AMO}IAL ASSOCT}IIION 1() SECURE llIE StiM OF $1,483,367.88 RE@RDED rebrarl 2L, L992, IN BmK 573 AT PAGE 343. SqID DED OF TRUSf V{AS FURIHER SMURED IN ASSIGNMEM OF Rn\lIS RruRDEDFebruary 2L, L992, IN BmK 573 Atr PAGE 344. (AFTECTS PARCEI, Ilrc) 5. E\IDE.TCE SASTSFAEIORY IO THE @MPANY $fiT THE TM!4S, CONDTTTONS A}ID PROIIIIISIONS OF Il{E tE[^iN OF \AIL IRANSFR TN( HAVE BEEN SATTSFIED. 6. VRRRANIY DEED FROM FRANK CICERO, JR. A}ID BSC OF \TATI, @IORAIF, L.P., A @I'RADO LIT'fTIED PARINERSFIIP IO'BE DEIMMIND @D{\ZEYIIIG S:IJBJET PROPETIY. NOTE: CERITETCATE OF IJ}iITIED PARINERSIfiP ETLED IIAY 2, L986, WrIH T1IE SmREFARY OF SrATts OF @IORAD DIscIrsEs JOI|N BALIA At{D TIl,ldIltY sAl'IDQuIsr T0 BE Tl{E GENERAL PARINR(S) OF BSC OF \iA.ILr @IORADO, L.P., A LIMTTED PARINER.9I{IP. TTIE ffiDIIY CLffiK AND RE@RDERS OIETCE RAU]SES RSRJR}{ PAGE 3 ALrA O""rrMENr SCHEDTJLE B-1 (Requirenents) OJr Order No. V19OO3 ADRESSES ON MII{E}IIS SENI FOR RrcFDI}G! ! PAGE 4 ALTA Onnrrr{ENT So{EDULE V2 (D<ceptions) Ihe poliqr s rclicies to befoUix.rirc-wlLeas ttre sarre arethe CorpSnyr: Orr ffier No. V19003 i-s-sued will oqrtain ercoeptions to thedisposed of to the sati-sfacticn of 1. A Stardard E<oee'tions 1 tiroLl*r 5 printed orl the cover stteet,. oR REVETTER CTAUSE, RELIGIOT.I, ORidi-i605, n'r .., 8. Ibxes ard assessrEnts rrct yet due or panable ard specialasses,ffiits not yet ertified to tne t)€asurerrs otfice. Any upatd taxes or assessrrEnts against said lard. l-,iens fs uqgaid r*ater ard setver charges, if any. 9. RTqIT OF PROPRTETOR OF A VEIN OR INDE 10 EfIRACT AND RBOVE HIS OREFqEryI't SltcrJLD THE s4ur'. BE IDUND rc PNETRAIE-On nn$i.Srgr- Iln-pnnuses4S gtsgEilm rN rJNfrED slrATEs pAf,TNr RnodnEri: ;[rf 1t -18e5;-]}r aooraE-AsPAGE 475. r.O. &IGII Oq BY TOR DIICIE OB CANAIS @NSIRIJCIED BY THE AT'II{ORI1IY OF TI{EU}ITIED STATES AS-RESEM/ED IN IJ}IIIED SIAITS-FACBN REOhbEJ-'UI' Tr,--iESS,IN BMK 48 AT PAGE 475. 11. lESryqTVE @VElIANIs r{nlcH m }oI @NraIN AE4 @TID|G RESrRrCrIOhrS, IF Al,ry, BASD o.t-llnTlotql, oRtcIN, AS @I\IIAINED IN b,ISIRUMEII: BOOK 174 AT PAGE ]-79. r_2. BIEXIIBC4L Ensuqlql'mEq{El\rr BstwEl,r \rArL \rrt[,AcE rNN, A @rrRADOgarya$q_Tchr, JArr4lt_uID., a S]I3RADO LIMITED p p'am-rarr,- wuem rmlAssosrArEs,' A @rjRAm' GENERAL pirncNn$trp HFmHD-d-Tantninv - r, riej-u't-nffi35r. AS PAGE 324. -Bqq4qn-@fl oL$'IolEl_IBLL oI\rI0 EAS.I I{EADO9I mrvE As SfriN o}.1 sr]RVEy oFl,tERRIcK AlrD @MpAtry DAIED ltovEMBER 20,-1961,-J6B-!ro. sii;tizlg.- qlILIry B.SEIIENT AS qRANTED IO tpl,y cRoss E_,,ETT{IC ASSOCIIIIIOI, INC. rNINs'IRL[4nu RmRDED January zL, L983, IN BmK 35'-Ar-FAGE- 306.' - - - EFr_qQIlIqNS AllD PRcTWSIoNS OF Amm{ENT RruRDED SEgIEtvtBER 9, 1983 INBooK 357 Atr PAGE 833. 13. 14. 15. PAGE Ar-,TA O""rrMENT SCIIEIIILE B-2 (E<ceptions)Our Order No. V19003 16. E!{CROACIIMENI OF PAr O AI{D RMF O\/m}n}{G ONIO EASE MEAMW DRT\IE A.S ${CH}I A}ID DESCRIBD ON THE @NMMINIIil IAP TAR. \IAIL \II!IEGE PIATA @NEMINIIJI.,F.}IqTE: TEIiilI OF VAIL PERMTT TO ER&TAR, I(AININN A SIRI,,CTtIRE ON A PI,JBTIC RIGI{T OF InY RruRDED JULY 26, 1984 IN mK 390 Atr PAGE 745. 17. EI.ICNOACIIMENT OF RMF CVERIIAIG OF SIE T.SST WESIBLY BUIIDDE OF S{]B]M PROPERIY CNIO AD'OINI].IG PROPRIY LS SEIT MIRIH IN LETTB, DilTED JI'LY 5, T984 FRCM ENGI.;E VII;LEIT EIG]NERII.IG & SURVET:I}G INC. A}ID AS S}iilM.T ON $IE@NtrMINIII,I l{AP FOR \Z[L VILIAGE PIA?A @NE['tINII][^S. 18. E{CROACIO.TENI OF EITAIORK FOR AIR }n}IDLIT{G EI.lcmCTil{ENI ONIO PROPERIY OF\TIIIjGE INN PIAZA @|{MMINrut{.S AS I'ORE FULLY DESCRIBED IN LETTER HIED JTILY5, L984 FRCtr{ ERGLE VaILEY ETIGINEERI].IG & SIJFS/EYI].IG INC.I{OTE: EASEIENI AGREE4ENI IN OnNETICI.'] WIIH SAID ENCROACHME{I I&.S RERDEDJtLy 10, 1984 IN B@K 388 Atr PAGE 862. ].9. D(ISTDiIG LM.SES AT.ID TEMNCIES 20. THIIS, PRO\ISIoNS Al.lD @I{DII OIS OF DmIARAIION @NCmNING PARTCI}|G RruRDED JULY 10, 1984 IN BooK 388 AT PAGE 856. 21. TIfltIJNT EA.SEMENI 20 FET IN WII'IH AI.OITG THE WEST I.o LINE OF IOT O, BIOCK5-D, VAI] VIIIAGE EIRSI FTLII.IG, AS Slol{N C8.l IHE @{DCMINIIIM MAP FOR \AIL \TILIIGE PLAZA O{IffINIIIUS. 22. TIiCSE PRC'VISIONS, @\IE}IANIS A}TD @IDTTTCilIS, EASEII{ENIS A}ID RESIRTCIIONS, WTtrCH ARE A BI.]RDE{ TO IIIE CONMMINIIX4 TJNIT'DESCRIBED ]N SGIEDIII,E A. AS'CDI{IAIND IN INSIRIJI4E}II RE@RDED NO\TN4BER L9, L984, IN BooK 4OO Af,'PAGE202, RIiIITETCAjIIOI{ THREIO RDMRDED MARCH 8, I99O IN BMI( 524 AS PAGE ].13, FIRST AI.{B{TMENI TO COT.IMMINIINq DECIARATIO}I.RMRDED DECE!{BER, 27, 1989 IN'BMK 520 AIr PAGE 306, SMND N4ENUVIENT TO O{MMINNFT DtrI.ARAIICN RMRDED }GRCH 29, 1990 IN BOOK 525 AT PAGE 640, AI.ID THIND AI{ENDMENI 1\) @'IDOMINIIIM DECTARAEON RmDED JAI\ItnRy 15, 1991 IN B@K 545 Af PAGE 696. 23. EASEI'{ENI BSIWMI VAIL VILIAGE INN, INC., A @I,RAM CORPORATTCI{, AND F & L\AIL VILIAGE ]NN PARINERSFtrP, A COIORADO GI}IRAL PARINER^SIIP RE@RDD JULY10, 1984 rN BmK 388 AT PAGE-861_. 24. EA.SEMENI BEIWEEN \rIIIAGE INN PIAZA OONEMINIII{ A.SSOCIATTCDI, A OIORADO }'ION'I-PROFTT MRPORATTON, \ATI \III,I.AGE INN, INC., A @IORADO'C)RPORATTO}I, A}IDF & L \rAII-, VILIAGE PARINRSFIIP, A @IORAm GEIERAL PARIT{RSHIP REOORDEDJI,LY 10, 1984 IN BmI( 388 AT PAGE 862. PAGE 25. ALrA Or"rrr{ENT SCHEDT'LE B-2 (D<cepticrs) ot'E Onilen No. V19003 CIIONS A.S SISIN OR. RESEFI'D ON TIIE03, 1985 IN ruK 426 AT PAGE 609 A}ID EIRSTR.2'7, 1989 IN BOOK 520 Atr PAGE 307. (rrB{s 9 slRo(Er 2s AFIET FrH PARCE^S) 26. EIMI{CIIG SIAf,UI{ENT WrIH !qq|S qEPITAL BANK VIESIIMD, 5IE SEf,IIRED PTRT'!(, RmRDED ltlarrdr 05, 1990, IN KIK 523 Af PAGE 933. N ltrlEEE !N qqiEcITON WIIlr SAID ErMl'rCIlG SgrEl'{ENl RmRDED APRIL 4, r.991 IN mK 5s1 Af, PAGE 58 Al.tD 59. (ATTETS UNrr 30) PAGE '' i /i IJAND TITI GUARANTEE "o"]"" DISCIO.SURE STAIE!{EI.|r Requircd b!, S€nate Bill 91-14 A) 1?9.:9qed real prqerty nay be tocated in a special taxfu,gq:LstrrrcE. B) A Gttificate o-f ^Til{es_ Dle fi*irg eadr ta:<irs jq.isdistlsyg H3y_!g_9g.Egrlreg_F_cn tJre cqgrry 1teasuren or ft6 6lrty'I]3easuner s authorlzed agent. - c) ff"HreFjffi ffiitr"#".5 mries(trmussJ.one!"s, the ooln|ty clerk ard Recotrder, or tlre ccllrtyAssessor. /)r't O rn a4 ef/'ed- /our proV*r{y. / / | /' PUBLIC NOTICE /afsn *' NOTICE 1S HEREBY GIVEN that fre Planning and Environmental Commission of he Torvn ofVailsill hold a public hearlng in accodance wllh Section 18.66.060 of the Municipat Code of the Town oJ Vail on August 24,1992, at 2o0 p.m. In the Town of vail Munidpal Building. Gonsideration of: A request for a major amendment to SDD No. 6, b lemove a previous condtion of approval lor Unit No. 30, Phase I, Vail Village Inn/100 East Meadow DriveA/ail Mtlage Plaza Condominiums.Applicant: BSC of Vail, Colorado, LPJFrank CicoroPlanner: Mike Mollica 2. A request lor a side setback variance b allow a new residence located at Lot 15, Vail Vlllage Second Filing/l793 Shasta Ptace.Applicant Joseph & Peggy HepterPlanner: Tim Devlin 3. A requesl for a work session for a setback variance to allow for a new garage ard an addition to an existing residence located at Lot 5, Bighom Estates/4238 Nugget Lane.Applicant: W. C. and CarolSmailPlanner: Shelly Mello 4. A request tor a work session to discuss a proposalb srect two 60-foot torrers In East Vail at the base of the run-away truck ramp adjacent to l-70.Applicant U.S.WesVCellular One/United States Forest ServicePlanner: Andy Knudtsen Town of Vail Gommunity Development Department Published in he VailTrail on August 7,1992 302 VVI Inc. c/o Frcd Otto Box 3149 Vail, CO 81658 Lario lnc. do VailVillage lnn 100 East Meadow Drive Vail, CO 81657 Bede Ltd c/o Luis PaHo Bustamante Paseo DeLa Reforma, 122 Piso Col Juarez Del Cuauhtemoc 066 Mexico David & Elizabeh Cohen 6350 Riverslde Drive Atlanta, GA 30328 ManuelRionda c/o VailVillage lnn 100 E Meadow Drive Vail, CO 81657 Jeffrey & Joyce Diskin 14 Peach Tree Drive Montville, NJ 070115 John Sevo c/o Sevo Corp 3600 S. Yosemite, 1CIh Floor Denver, CO 80237 Guiseppe & Mercedes Cecchi 901 N Stuart St Arfington, VA 22209 Rosalyn M. Abrams 5190 S Logan Drive Greenwood Village, CO 80121 Pzul & Penelope Leseur Somerset &i€e, Sandys BoxSB90 Bermuda Emest Sdreller 4074 Healher Couil Northampton, PA 18067 Red Sands Corp 1@ East tuleadow Drive Vail, CO 81657 First Interstate Bank of Denver c/o Boudreaux/H arkness, 633 17th St, 13n-077 Denver, CO 80270 BSC of Colorado c/o Frank Cicero 1999 Broadway - 40th Fl Denver, CO 80202 Barry & Barbara Beracha 12843 Topping Manor Drive St. Louis, MO 63131 VailVillage Inn 100 East Meadow Drive Vail, CO 81657 Edmund HaJim 21 Guinea Road Greenwich, CT 06830 Ricfiard & Marlene Lloyds Box 819 Vail, CO 81658 Barry & Babara Beracha 128rt3 Topplrq Manor Dr St. Louis, MO 63131 BSC of Vail, CO, LP c/o Frank Cicero 1999 Broadway,40th Fl Denver, CO 80202 Rosalyn Abrams 5190 South Logan Dfive Greenwood Vlllage, CO 80121 S.A. Lublan c/o Deltec House Lynlord Cay PO Box N-3229 Nassau Marvin & Karole Frank 2430 North Orchard Chicago, lL ;60614 Edna & Glaus Fricke Box 370 Vall, CO 81658 Douglas Hall 386 Madison St Denver, CO 80206 John & Patrbia Gabriel 1 East Bidgewood Avenue Paramus, NJ 07653 Charles & Germain Harmon Colonial Drive New Vernon, NJ 07976 Kirk and Jay Huffard 528 North Street Greenwich, Ct 06830 Inversionss Cafaci, CA 1346 S Green Way Dr CoralGables, FL 33134 Dennie Jagger 1201 Spyglass Drive Austin, TX78746 Kinney Johnson 100 South Dexter Street Denver, CO 80220 Gary & Dorothy Cordes 28 Trenton Road Tunamurra N.S.W. AUSTHALIA John and Rebecca Moore Box 1146 Sugarland, TX 77457 John & Rebecca Morres 17 Queen Mary Gourt Sugarfand, TX 77479 VVIP5O2 4603 Annaway Drive Edina, MN 55436 Pedro & Adelaide Ramirez Petunia K-3 Parques Santa Maria Rio Piedras, PR 927 Mexico Carl & Linda Riess Route 390 Cres@, PA 18326 Bay & Melaine Rutter 18012 Corvan, #200 lruine, CA 92714 Sylvan & Frances Tobin 101 Cheswdd Lane, 5D Haverford, PA 19041 Kinney Johnson 2084 S Milwaukee St Denver, CO 80210 VVlAssociates c/o Cowperthwaits & Co 3575 Cherry Creek N Dr Denver, CO 80209 Silvia fto De Taragoza Box 9976 ElPaso, TX 79990 Jamm Ld. 100 East Meadorv Drive Vail, CO 81657 Ridard Uebhaber 1'100 Chain Bridge Rd Box 8210 Mclean, VA 22106 Paul& Penelope Lessur Box SB90 Somerset Bridge Sandys SBBX Bermuda Edward Yingling 3607 North 27tr St Arlington, VA 22207 Patrick & Robin Mars 106 Milden Hall Road Toronto, Ontario CANADA M4N 3H5 Kirk & Jay Hutfard c/o The Equitable Company 528 North St Greenwich, Ct 06830 Karin Wagner-Trustee 4100 NW 101 Drive CoralSprings, FL 33065 Barbara Weinstein 78 Joyce Road Planeview, NY 11803 Wyoming LTD. c/o Vail Bookkeeping & Acccounting 508 E Uonshead Cr Vail, CO 81657 Frank Cicero 200 Randolph Street Chicago, lL 60601 Edna & Claus Fricke Box 370 Vail, CO 81657 Luc & Elizabeth Meyer Box 176 Vail, CO 81658 The ClaggetURey Ciallery 1777 S Hanison Street Denver, CO 80210 Hanlon Family Partnership 385 Gore Creek Drlve Vail, CO 81657 Red Sands Conoration 100 East Meadorv Drive Vail, CO 81657 Charles & Mary Anderson 5271 Brandywine Way Stuad, FL 3499;7 Robert Chandler 445 Baker Avenue Webster Groves, MO 63119 Kennedy & Co 30 Ketby Road Grosse Plnte, Ml 48236 Packard Anderson Crossroads ot Vail Ltd 1567 South Josephine Denver, CO 80210 Mervyn Lapin 232 West lvleadow Drive Vail, CO 81657 William Bemell 141 E Meadow Dr, C-4 Vail, CO 816s7 Gharles Fellows 8101 E Dartmouth Ave, A-35 Denver, CO 80234 Jeffrey & Bonita Garvey 141 E lileadow Dr, #E.4 Vail, CO 81657 Emily Goodwln, Sus Bach, E Goodrin 11 Parkway Drive Englenrood, CO 80111 Heyda & Hamed Santaella Box 1917 Mayaguez, PR 709 William Hokin 875 N Michigan Ave, #17 Chicago, lL 60611 John S. McDonald Co Box 1309 Dublln, OH 43017 Trevina L P 100 Park Avenus NewYork, NY 10017 Kenneth & Jan Harding 2060 Broadway, #1 Boukler, CO 80302 Edc l-angslet Ness, Ornulf 48 Woo6ine Burgenfield, NJ 07621 Gladys Law 1012 Swink Avenue Rocky Ford, CO 81067 Edurard Mayne Jr. Trustee 100 W Long Lake Road f29'0 Bloomfleld Hills, Ml 48013 Joseph Obering 750 N St Paul, #1530 Dallas, TX 75201 R.P. Smift Company Box 700 Evergreen, CO 80439 Ruth & Merle Sachnoff 5171 ldylwild Trail Boulder, CO 80301 HC & Victoria Schaefer 11 Wellington Place Grosse Pointe, Ml r+8230 H. William Smith 175 E Main Street Nonrich, NY 13815 Sydney & Janet Young 48 Cedar Wood Circle lvtyrde Beach, SC 29577 Burtis Dolan 280 iiedovYbrook Ddve Nodhbrooh ll 60062 a Maggie Eastwood c/o Eastwood, Roy 1900 Avenue of the Stars Suite #227 Los Angeles, CA 90067 lvlarilyn Fleiscier 62 East Meadow Dr Vail, CO 81657 Sharon Glaser 719 Linden Drive Beverly Hills, CA 90210 Allen & Barbara Gilliland 12360 Farr Ranch Court Saratoga, CA 95070 Sharon Glaser do Herbert Glaser 719 North Linden Drive Beverly Hills, Ca 90212 H&WPropertieslnc. 5654 Greenwood Plaza Blvd Englewood, CO 80111 Lori Hanis c/o Lori Amass 16 Polo Field Lane Denver, CO 80209 Robed Hodes 660 Madison Avenue Suite 2210 New York, NY 10021 Amos & Floy Kaminski 315 E 68th Strsst New York, NY 10021 Roland & Rosemarie Nobis Box 3111 Bloomington, lN 47402 Fred & Carleen Poland 5000 E Quincy Ave Englewood, CO 80110 Richard & Karin Genova 92013 68th Avenue Forest Hills, NY 11375 George Shaffer 6827 Cedarbrook Drive Birmingham, Ml 48010 Betty Lou & James Sheerin 7701 Broachray San Antonio, TX 78209 Martin Jervis David Bott Cromwell House, Marston Moor Fulwood Preston Lancashire, ENGIAND Jose Alvarez et al Moliere 59-10 Mexico 5 DF, MEX]CO David Bradshaw One East Wacker Drive Chicago, lL 60477 Allison Butts 4523 Dorset Ave Chevy Ghase, MD 20815 Thomas & Mary Darrah 1309 Frontier Longmont, CO 80501 Ruben & Laura Catan c/o Elecom Supply Co 3940 Hancock St, #205 San Diego, CA 92110 Esther Geifman Demizrahi cy'o Geifman, Gregorio & Amor 13 Vail Road Vail, CO 81657 Gary & Nancy Freedman Thomas & Paticia Hurlburt 6950 E Belleview Ave fr202 Englewood, CO 80111 Ridrard & Gwen Scalpello 50 Perkins road Greenwich, Ct 06830 Golden Horizons Inc. 630SPointeC8 Colorado Springs, CO 80906 Hartz Mountain Ind Hartr [tlountain Ind Ath: Jean Kunsmann 400 Plaza Ddve Secaucus, NJ 07094 Jacquellne lhepshield Brook Hill Farm Rt 1, Box 328 Middlebuq, VA 22117 Gordon & Dorothy Panlsh 3763 RegalVbta Dr Sherman Oaks, GA 91403 Connie & Micfiael Leech, etal 8{}5 Brook Creek lane Kirkwood, MO 63122 Willlam lvlcCutdren 12 Sandpiper Road wesFort, cT 06880 Donohy Mct0right 2ft1country club Ddve Sterlirq, CO 80751 Ricado Merlois Box 1684 Pascagoula, MS 39567 John Oliver James & Lynn Olver 144ff) Cullen SEeet Whitier, CA 90603 Gulllermo Oynick stal 449 S Creek Drive Osprey, FL 34;229 John & Mary Savage et al 6068 Basley Avenue Towson, MD 21204 Gary & Janbe Scheimer 630 S Pointe C8 Suite 101 Golorado Springs, CO 80906 Jeny & Lzura Taylor 2555Indian Mound Birmirgham, Ml 48010 VPP No. 15 Corp do CanielAbounrd 5100 San Felipe #193 Houston, TX 77056 James & Jane Watson 6999 Sou$ Bemis St Litfreton, CO 80129 Paul& Charlotb Weiner 7000 E Qulncy, #001A Derwer, CO 80237 Oscar Wyatt c/o Richad Watson Nine Greer*vay Plaza, #780 Houston, TX TI04;G t Lx,srtl/ @TMAn2qpii 75 South Frontage Road. Vail, Colarado 81657 303 479-2 1 07 / FAX 303 -479-2 t 5 7 March 23, t992 Mr. Frenk Cisero, Jr., Attonc.ey at Law Kirkland & Ellis 1999 Bmadway Denver, Colorado 80202 VerT Ofice of the Town Atnrney M,,1wffit lE,^ 4l Dear Mr. Cisero, After rwiewing your letter to me of February 25,1992, I researched the ordinance which amended the Vail Village Ina Special Development District (VVI SDD) permitting the condominium youpresently owD to be converted from a cpmmercial cnndoninium urdt to; resid.ential unit. My research hae iDdicated to me that Ordinance No. 24, Series of 198g, which amended the WI SDfj,w-ry-1$ively and aggressively pursued by you. There was never €rny effort on the part of the Town of Vail to impose the amendment upon 1rou. The restriction you complqin ofin your letter which reguires that your unit be restricted to 28 days of personal use fiom December 24 to January 1 and Febnrary 1 to-}Ialch 20 was voluntarily agreeato by you, and was included in a third amendment to th.e condominium declaration for the-Vail Village Plaza Condominiums and signed by you as well as the other developers and lenders iavolvedwith the VyI SDD. It is my opinion the ordinance which nrnended the rf\II SDD to permit you to utilize what waspreviously a retail unit as a residential unit and the conditions whicL were included in the ordinance and the third amendment to the condominium declaration fon the Vail Village Plaza Condomini .ms are valiC and enforceable. Although J do not r.hink th-e questions you raised relating to Section 17.26.075 of the Municipal Code of the Town of Vail are rnelevant to the conditions which were inposed in Ordinalce No. Zi, Series of 1989, angading the VVI SDD, it is my opinion that Section of the Code is not an uncongtitutional delegat-ion ofpower under Article 5, Section 35 ofthe Colorado Coustitution, nor do I believe you were illegally discriminated againgl by the Town of Vail. ffyou have any additional questions regarding this matter, please do not hesitate to call. I"AE/dd Eskwith, Town Attoraey _t3 JECE|VEDrEs2Ttgez KIRKLAND & ELLIS A PARTNER.SHIP INCLUDING PTOTE:iSIONAL CORPORATIONs Xe--KFtrfif-=--.-' m?FhlEloe2-- 1g9O Brcadway Denver, Colorado 80202 Kristen last month, and thank yot i-i |our time. v'fUtv.,".., I 1V\u nAs you know, I an very disturbed by the continuing \,)tdisadvantage vite have been placed in as olrners of Unit 30 of the l) Vvail village Plaza condominium because our unit was made subject nto the rental restrictions of Section 17.26.075 of the Town of vail Subdivision Regulation when other condorniniuns which the Town has perrnitted to be built have not been made subject to that regrulation. At the tine the pernits were sought to convert Unit 30 to allow residential as well as connercial use, I was informed that the Town was requiring the rental restriction on all new perrnitted condorninium uses. I have recently learned that has not been the case, but that the Town has treated other condominiurn units more favorably by allowing them to be permitted and built without the restristion. Just last week, for exanple, I understand that the Town Council perrnitted anendnents and conversion of the vail Village Inn to a1low a new condorninium to be built on top of the Village Inn Pancake House without the rental restriction. I have also Iearned that by ordinance No. 9, series of 1988, the Town perrnitted the Vait cate$ray project to go ahead by convertinq the property from Heavy Service District zoning to Conmercial Core 1 District in order to allow for a range of uses proposed for special Development District 21 wtrich was aPproved by the sane ordinance. That Special Developrnent District provided for L2 residential condominiuns without the rental restricti.on. The Vail Gateway condoniniums uere close neighbors to our condominium and were sales cornpetitors. The newly pernitted Village Inn Pancake House condoniniun will be a direct marketing conpetitor of our condoniniun. Additionally, as I toLd you, hte lost the sale of Unit 30.Iast December when the prospective purchaser, who had nade an offer on the property, exanined the rental restriction with bis attorney, withdrew his offer, and instead purchased the Frank Cicero, Jr.t#sl,t1;u*t'- ,.r,".':';;o,o ,r* q4f"t- "EEi&" fu* La!'rence Eskw*h, Esq. {w-tl4,qh^" T3'3.t:l'll3l..n" Road wesr l;i Yf 6L,T/vair, cororado s16s7 0 nt-f;e:tfrr:,A Dear Larry: ' l'" Vff004\L,^,^.r appreciated the opportunity to meet with you and 'rflffiiO')"' Chicago Lo6 Angeles Nw York Washington D.C. KIRKLAND & ELUS Lawrence Eskwith, Esg. February 25, L992 Page 2 Red Lion condorniniun which had been peruritted by tbe Town. withouta rental restriction. The Red Lion condominium was anotherdirect conpetitor which was pernitted on the market to our disadvantage. The discrirninatory treatnent by the Town of our Unit in conparison to these others which f have cited, and perhaps othersof which f do not know, in ury judgment renders the Ordinance as applied to us invalid. additj-onally, as you knohr, the Condoninium Conversion ordinance also provides for enforcement of the Ordinance by aprivate entity, the condoniniun Association in which the condo-miniun is located. This is a provision which I was not made auare of in 1989 and, from discussing this with mernbers of yourplanning staff, apparently they were not aware of this either.In my judgment, this provision is an unconstitutional delegationof power under Article 5, Section 35 of the Colorado Constitution and cases construing that section. f would be interested in your views on this matterafter considering the facts I have set forth here. There is one additional matter. The Condorninium Conversion ordinance requires the condorninium units to rrremain inthe short term rental narket.tr As I underst.and Colorado law, the Town of Vail does not have the authority to regulate the nightlyrental rate at which a condoniniun owner night choose to put hisunit into the market. In other words, an owner could put theunit into the narket and ask any arnount he chooses for a nightrsrental and the Town does not have the authcrity to regulate this. When we met in your office last month, you agreed that,the Town did not have the authority to regulate rental rates and inpose any condition on the anount which an owner night ask forrental. I would appreciate your confinnation of this opinion aswell. I look forward to hear yours, Fc:jf w-t16. FC cidffi,Jr. BSC OF VAIL, COLOMDO c/o Frank Cicero, Jr. Kirkland & Ellis 1999 Broadway, Suite 4000 Denver, Colorado 80202 August 20, 1990 VIA TELEFAX Mr. Mike Mollica Town of Vail Department of Community Development75 South Frontage RoadVail, Colorado 81657 Dear Ur. Mollica: This is to confirn our agreement that Vail Viltage Condominium Unit 3o will be subject to Section 17.26.071 oi the Town of Vail Sub-Division Regulations; and that prior toreceiving a Temporary certificate of Occupancy, theserestrictions shall be recorded as part of the-CondoniniunDeclaration with the Eagle County Clerk and Recorder. FC: jf BSC- 103. FC [Dau6 22 p,.-, Nt!tl 4'-t t'-l. L TIIfRD AI{ENDI,IENI TO CONDOI.{INIW DECLARATfON FORVAIL VILLAGE PLAZA CONDOUfNIUITIS -.) . ,^r, ,.lqbn ' ?4t RECTTALS 1. F & L y"l1-Village partnership, a Colorado General!aT!n9{:hip, caused to be rec6rd.ed trre cond'om:.nium Declaration forvail vitlage Plaza condoniniums ,(the ,original Decrarationr) onNovember L9, L9a4' in Book 400 at_ eage 2ol-i"-ttt. rear propertyrecords (the 'Recordsrf ) in the office -"r irre cGrx and Recorder ofEagle County, Colorado 2. The rrownersr, as defined in the Declaration, of 100? ofthe rrgieneral cornnon --' grement-sr, as def ined in the originarDeclaration, and ai.1 rfirst lienors,r, as defin"d i' tn" orifii""iDeclaration, caused to be recorded a rirst anre-n-anrent to condoniniunDecraration for _vail virrage praza condorniniums on Decenber 27,1989 in Book s2e at rage io6 l" trt. Records; anar Ratificationthereto recorded.on, l.tarcf, e, t99o, in Book s24'aL page rr-3 of theRecords (collectivery called herein trre "riisi arnendment") 3. The owners and first lienors of ilunits,, (as defined inthe originar Decla_rat1o.n) e and-i caused to be recorded a secondAmendment to condominium Declaration for v"ir virrig; -;i;;; condoniniums (the 'second Amendrnent,r) on March 29, r-990, in Book525 at page 640 of the Records 4. The original Declaration, as amended by the FirstAmendment and the Second Amendnenr , .i = ::_l l. :l hr:ein therrDecl-arationrr. AII capitalized terms not defined in this ThirdAmendment shall have the same meanings ""-."t forth in theDeclaration. 5. Paragraph t5 of the Declaration provides, in part, thatthe Declaration may be amended .upon th; *iii["r, approval inrecordable form of the ohrners of 75? or more of the general cornmonelements and 758 of aII first lienors....rl 6' The owners of 75* or more of the generar conmon erementsand 752 or more of the first lienors -aes-iil to amend theDeclaration as hereinafter set fortsh. DECLARATfON OF AI'tENDMENT The undersigned ohrners, nho constitute the owners of 75g ormore of the crenirar conmon erernents, and the undersigned firstlienors, who ctnstitutl-idi-;;;;; of all first rienors, d.o herebyconsent and agree to and do hereby amend ttre pectaration asfollows: 1. Paracraph ZL of the Declaration is amended by theaddition of a -new-,subpar-ag-rapn- til , which subparagraph (i) sharlread in its entirety a-s roito'ws:'-,- -sryrs-s: tJaOE E uauatr. EJ a l-l |!gB(I -.OJfn r-lau g lrlSJ!tu *J> i-FIF L z. \U :. Ul\J -.OE(t u$oou- lHtrJJ 1.t? Fl$Ilfta I tE trtFFauJ.tZa2 FIIrtO-t FJ a "(i) Town of Vail Restrictions on Use. Pursuant to Townof Vail ordinance No. 24, Series of 1989, and SectionL7.25.O75 of the l.tunicipal Code of the Town of Vail andprovided that unit 30 is utilized for residential purpose, theresidential use of unit 3O, is hereby restricted and madesubject to the following: (i) An ownerrs personal use of his or her condominium unit 3O shall be restricted to 28 daysduring the seasonal period of December 24th toJanuary lst and February Lst to lilarch 2oth. Thisseasonal period is hereinafter referred to as |thigh seasonrr . rrOllner I s personal userr shall be def ined asownerrs occupancy of condominiun unit 30 or non-payingguest of ttre ohrner or taking condoninium unit 3'0 off ofthe rental market during the seasonal periods referredto herein for any reason other than for necessary repairswhich cannot be postponed or which may nake condominiurnunit 30 unrentable. occupancy of condominiurn unit 3O byan Association manager or staff enployed by theAssociation, however, shall not be restricted by this subparagraph. (ii) A violation of the ownerrs use restriction by an owner shall subject the owner to a daily assessment rateby the Association of three times a rate considered tobe a reasonable daily rental rate for condominium unit 30 at the tine of the violation, which assessment whenoaid sha11 be a special assessment belonqin<j to thei,ssociation. AII iuns assessed against thL owner forviolation of the ownerrs personal use restriction andunpaid shall constitute a lien for the benefit of theAssociation on condoninium unit 3O, which lien shall beevidenced by written notice placed of record in theOffice of the Clerk and Recorder of Eagle County,Colorado, and which nay be collected by foreclosure on condominium unit 30 by the Association in like manner aaa mortgage or deed of trust on real property. TheAssociationts failure to enforce the ownerrs personal use restriction shall give the Town of Vail the right toenforce the restriction by the assessment and the lienprovided for hereunder. If the Town Of Vail enforces therestriction, the Town of Vail shall receive the fundscollected as a result of such enforcenent. In the eventlitigation results from the enforcement of therestriction, as part of its reward to the prevailingparty, the court shall award such party its court coststogether with reasonable attorneyrs fees incurred. (iii) The Toun of Vail shall have the right to require frorn the Association an annual report of ownerrs personal $ ILa (9 LL :.'1 ::a 0l gl tt s $ TD {1 I LL Irl-t Irl IE a$6 {{ use during the high seasons for condoninium unit 30. (iv) Condoniniun unit 30 shall not be used as apermanent residence. For the purposes of thissubparagraph, a person shall be presumed to be apermanent resident if such person has resided incondominium unit 3O for six consecutive monthsnotwithstanding fron tine to tine during such six monthperiod the person may briefly dwell in other places. (v) Condominium unit 30 shall remain available to thegeneral tourist narket. This requirement may be rnet byinclusion of condominiurn unit 30, at comparable rates,in any local reservation system for the rental of lodgeor condonini-um units in the Tor"'n of Vail. (vi) The restrictions in this subparagraph 2t-(i) shallbe nodified or terminated, to be of no further force oreffect, at such tine as the ordinances of the Town ofVail that reguire the inclusion of such restrictions inttris Declaration have expired, been repealed, finallydetermined to be invalid by a court of competentJurisdiction or amended in such a manner as to perurit removal or rnodification of such restrictions. TheAssociation shall have the right to nodify or terninatethe restrictions in this subparagraph 21(i) whenpermitted to do so under the circumstances described inthe preceding sentence, and the Association hereby agreesto so nodify or terminate the restrictions in thissubparagraph 21(l) when permitted to do so by the Townof Vail. As modified herein, the Declaration remains in ful1 force and effect. IN WITNESS WHSREOF, the undersigned have duly executed thisFirst Anendment to Condorniniun Declarltion effective the 12th dayof September, 1990. OWNERS ' BSC OF VArL, COT$RADO, L.P., a Colorado linited partnership By: VAIL VfLLAGE LAND COMPANY., 6 E t9 t9 it 1R Lil f'J (tl n a litgl tI! I LL t']{ul Iq as @ $$ do corporation, a Cicero, Jr., Cicero, Jr. Luc H. lleyer VAIL VTLLAGE INN, rNC., a Col-orado corporation partnershf.n hl,l .,1,til, t First Lienors: CONTTNENTAL ILLINOIS NATTONAL BANK AND TRUST COI,IPANY OF CHICAGO ntrl "y,ftffifu'*-- 4 t!f-l (9 u- r{ L)E .IJ u'l j gl tfl s rJJo rJ] Ia n$n IE a{t .t{t President JAf.IM LTD., a Colorado linited ral Partner Claus W. Fricke David G. MeKenson, Vice PresLdent Vice PresidentMark Ristow, Execut ive STATE OF COUNTY OF J/'' O"K ss: -1 , , The foqegoing instrument was acknowledged before rne this/EL day ot haaz,-l-, Lgg0l, by Frank cicero, Jr., as President ofVail Villa{e tan/Company, a Colorado corporation, as a GeneralPartner of BSC of Vail, Colorado, L.p., A Colorado limitedpartnership, Witness my hand and official seal . .'OFFICIAL 5iAL" LAURA I. CZUKLA Notary Public, Staie of lllinois My Commissicn Exp;res Mar. 7, 1994 expires | 3/?/f '/ STATE OF COIINTY OF (.o0,( The for:egoing instrument was ackr.ov-lcC1ri bcf ::e :.^ " i: Zl/n aay ot ,frqa.ll{ , 199Q{ by Frank cicero, Jr.. /// $titness my hand and official seal. "ufi"ictAt sEA!" LAiJiiA I, CZUKLA Nct:ry Public, State of lllinois My Ccmrnissi.n E:(pires Mar. 7, lgg4 STATE oF Cotoeloo COUNTY OF Etrh|c TJ o a.t L's.-au't ? Iv/i tI gl t'l E rJl \B Ia Lr'].t !'r IrI rSs4 +f )) ss: ) )) ss: ) The foregoing instrument was acknowledged before ne this 9!5_ day of \)avem\ce , 1990, by Luc H. Meyer. and official seal . My commission expires: Mv Commision erlires December B, 1992s P. o- Box 665 Yail, G0 81658 Notary PubI My counission otary Pubrl-c My cornrnission expires: 3/ Z/lf Notary PublYc srATE oF Couotnoo couNTY or Elt uE The foregoing instrument lras acknowledged before me this day of No\€nE€e , 1990, by Elizabeth A. Meyer. hand and official seal . ) ) ) C*tr L.s{-ocAoo My Commission expires December g, lgg2p. 0. Bo:r 666 Vait, C0 81659 STA COUNTY OF EAC(E )) ss: )4 lr-E o (9 LL a: $ u'l a $$$ I tL tr'l$ Ir'l IE s 4 .t ) ) I l,[y conmission expires: lii, hmmission erpir€$ Demmbor 8, l99il P. 0. Bor 666 Vait,00 81658 6 i APf$8AiE :,-:; Notary PablYc My commission extrlires: , The foregoing instrument was acknowledged before ne thislsT day of t$ovEn4Be? , L99ot by uarylyn E. Hanlon. and official seal . My commission expires: lly Commision expires December 8, 1992 P. 0. Box 666 Vail, C0 81658SS: couNTY or ERt.'t€ _ The foregoing instrument was acknowledged before rne chisalsr day of Ocr6eeg- , 1990, by Josef Staufer-, as President of VailVillage Inn, Inc., a I{itness my hand Colorado corporation. and official seal. Notary Pub'I\ic Notary Publ STATE COUNTY STATE COUNTY The)lsf day oF CsoR.Aob OF EATI\.E ) ) ) ss: The foregoing instrument was acknowledged before rne this=ls( day of O<rsBCR- , 1990, by Josef Staufer, as General PartnerofLTD., a Colorado linited partnership. and official seal . My conmission expires: My Commision expiru December 8, lgg2 P.0. Bor 666 Yril 00 E1658 ) ss:or_EeCr,g___ ) foregoing instrument was acknowledged before me thisof Dccenbev , 1990, by Claus W. Fricke. STATE OF wi and official seal. E.-$rc kr{Fb\^l Notary Publ\Jc My cornmission expires: l,ty 0ommission expires 0ecember i.j . .:Jz P.0. 8or 566 ) Vail, C0 81658) ss: coUNTY oF__EA(olE__ ) The foregoing instrument was acknowledged before ne this)\sr day of I)S(g!AGEE_, 1990, by Edna N. Fricke. hand and official seal . My conmission expires: My Commiskn erfim lhoenber 8, l99Z P.0. Bor 666 Yail, fll 81654 7 lt t-"1 t. tn iL 1 tt a $ I {['t Ig E,q $ $ Notary PuBILc Witness ffi*:*i rRrc ii APPI.EOATE J fu,1*# STATE OF COUNTY OF of Chicago. Witness J LL, nols, (oo( J lo_e F= '-{ f- *uJ i!(F JT.- - JJJthis .: S g as vice$f Company..' --j .1"- The foregoing instrunent rrag acknowledged before me7fr, day of 'wtuLti4k , L99ft by David e. MeKemson,President of Continental lllinois National Bank and Trust my hand and official seal . ss: STATE oF Cot-otnos couNty or EACTLE acknowledged before mebylffi ' Mark Ristow seal . this as, Vice 'Executive r1t, pGgoFs Notary I'ublic l.ly conruission expires: The foregoing instrument wasl3th day of U-ovemlBec , LggO,President of Firstbank of Vail. Witness rny and official rD!4. 44Lg4A B-545 F,-696 VL / L3/91 1E:5O My connission expires: lly &nrnisirn rtiE hcltnbor 8, 19gA P.0. to! 866 rdt 00 81658 Town Council Cornmunity Developrnent Department November 2, 1989 suRTEcr: Amendment to special Development District No. 6 to convertunit 30 in Phase I frorn cornrnercial to residential The council considered ordinance No. 24 of 1989 at their october 17thmeeting. The ordinance alrows for condorninium unit 30 in phase r ofthe.vail-Village rnn special Developrnent District to be utilized asresidentiar. The space has housed Lommercial uses since it wasconstructed. At the october 17th meeting, the council raised a numberof concerns.regarding the proposar, many of which related to guestionson the specific zoning of SDD 6. The applicant has amended his Iication to request only theconversion of the 2T re feet. or your cons on November7th of first reading. Gla= r-la z n."" i"""i t"".i"eJ-^ commercj.al and residentj_al square footages.always been treated in these ordinances as e We have cornpleted sone researq[ regarding the history and background ofsDD6asitre1atffi-andc6runerciaIsquarefootages. There have been a yari€:tv gf proposqls and ordinancds amending theoriginat rgze speCiat oE se all of the '#xi:i" TO: FROM: DATE: Phases L and have bu relates to the approximately ey spec c commer approved development l-6,000 sqluare feet of ge max for SDD 5square foo 49 ?grgenentjeqarding parkinq for phases t- and 2, as it relates to therenaining sDD' was found in the files?ntlEffivant to this pronosal.r-e{.<rrrrrrrlj DL,L,, was founo l_n Erle rlJ.es and rs rerevant to this proposal.ely in t-994 the Town reguiied" theattachedagreementtoessenti@eunbui1tjarkinqforunbuilt parkinq forthesephaseswou1dbehand1edinphases4and5.Iffi L and 2 in 1984; werequired that parking for all phases of the eventual sDD build-out beaddressed. This agreernent spelifically requires the er of Phas 4and 5 to vide for the lnor a fee to be charg or Ene use of such required par n9 spacessee page 2, #2 of the attached agreenent). plan of the commercial . unbuilt phases having of Ordinance No. 24, Series of L989.convert only the existing square footage The staff recommends approvalWith the applicant agr-eing to it brings the proposal more in llne with our original staffrecomrnendation (see attached septenber 26, tgeg FEc memo, condition*1). VJhile we see no actual- positive beneflts of this pirticularproposal , we also find that it wourd not be to the detriment of sDD 6or the surrounding neighborhood. lile remind the council that the pEC denied this application by a vote of 4-3 at their first meeting inOctober, 1989. PETER JAMAR ASSOCIATES, INC. PLANNING . DEVELOPMENI ANALYSTS . RESEARCH Suite 204, Vail National Bank Building 108 South Frontage Road West . Vail, Colorado 81657 . (gO3) 476-7154 Transmittal Memorandum l6q ,,-" 6llFn'' o.jlr '"' Toul{ o( vAlL Ffi:","T11"' I Under Separate Cover Date: ,ltr l+t Job No: Via n First Class Mail fl Express Mail E}u' u"'""no". ou' VhIFA Vua;;u. # ol Copies t tr tr Plans Original tr n Report Proposal D Contract6, tr n D D For Yo:r Review For Your Approval As Requested Other Remarks: lilrrf- - ft.tula"k A n dfu dw,9<.D 5r4%vvt;hiu"^ VU I i,,o u<,/uryl.o'^sl^tg #'." {*"-lt+-w " 6eo75 u C?WelSb4 ef Tree. -((,ti * *tn;s hgl is \e;-o',r9s .'Lel ntvv&r-q, tr?^ Uee/^ uvt **-p "W\r, 'Tour^'5 il By: \/\'o kl,.r^., i + AU6-?A-'SB L6,35 ID:KIRKLAND/ELLI5 DUR 2 lEL 1.{tr21.-3@3-2944e,?E H6A5 PAz t; BSC OF VAII, COLORADO Vo Frank CIcero, Jr. Kirkland & Fllis 1999 Broadway, Suite 4000 Denver, Colorado 80202 August 20, 1990 VTA TELEFAX l{r. Mltce [olllca Town sf Vall Departnent of, Coriltunlty Devclopnent 75 South Frontage Roadvall, Colorado 81657 Dear Ur. l.tolllca3 rhlE le to conf,lrn our agreesent that Vall Vlllagr Condoulnlurn Unlt 30 t*ltl be eubject to Sectloh L7,26.OzS oi theTown of Vail Sub-Dlvlelon Regulitlons; and that prlor to receJ.vlnq a Tenporary Certificata of Occupancy, thaeereetrlctionE ehall be recorded as part of,*the-iondouinlrmDeclaration with the Eagle County Clerk and Recordgr. FC: Jf t8c.tot.Fc I hJt. /r. a.t4",."lXe Nfr-.*,*.t \ \-f s'ts'10 )15 t 0v?/1- lortn 75 sodh frontage road vail, cddado 81&57 {3Gt} 47$2138 (3(ts) 479-2139 June 5, 1990 ollice of communlty deu€lopmenl DEI{OITITION PERUII FOR WI ITNIT 30 A denolition perrnit wilt be issued by the Town, per theapplication of V. G. Construction, however, the followingitens rnust be subrnitted to the Town prior to issuance of abuilding pernit for the vait village Inn, Unit No. 30: j.-------_:\. -..t 1) An bqrrccercnt, signed by the owner of the unit,( stating that said unit will be subject to therestrictions of Section 17.26.O75 of the Town of Vailsuldivision Regulations. This agreement shall be recorded with the Eagle county clerk & Recorderrsoffice and shal1 be a permanent land record. 0(. -2, Three parking spaces shatl be identified and secured in the underground parking structure of the\ /I , and shall be designated for the sole use of Unit No. 30. Documentation of these parking spaces shall be required. oK+)6re*j12't + sl',lZ f 33?43l@toa\ SENT BY: CtrPN TETECOFf NUMBEH: TEI.EPI-IONE NUMBER: t 8-LE-Eg I r 45Pt't , FN( MACHINE TMNSMTTTAL FOBM I , bab .4t?, Zt57 CCITT G3;H 1 DATE: TO:t4tge Wurnnuaz OHICAGO ASSOC!{TES PI.ANNEFS Af{D ARC,FIITEGfi} lEtEcOPl/ NUMBEF: (gl2) Z7$igsg TETEPHONE NUMBER: $rt er*rarr NUMEER OF COPTES SENDTNG $NGLUD|NG CO\IER SI|EEI):__{_ COMMENTB: Mtt6t fiq4 /= fHE D&,et 77y8 3 E+4srlE #44gr3 E4UlEffi ,ffi, 775' yfuq/L- y/4L4€ ftn'il tt?Jt Sa- {+ frEW-,(A/,q€ .A.W)/F Yatt E4ate '4v/edlid'unt nrcPYtArztA ry Ybu qurt cltll| DEID IIIIIC DEID r hh 1111-',jifr lc, ltno Itflr\nu, vtlltr8 Iltf, Dt., I curnrED effiRuloll r' rfr Clrrtr.r lnGf,l rd lt|tr at trdih$r rr.D., r snrm Lngm rlr. ltrl Fg lr . fOS ffiH |snf 9T. r ERECf,ERIDG!, OO B0a2arf dr Cqmy It r{ itrti rf tolc*. .t ft r*fld -rrr- - rltllttt. t t th. rlc Frty ol trr ttrrt Frt. fci rt-tn icrifntii rt tr rr . - -'-- IoRTI-FIVE TEOOSN|D rXD fo,/I0 !o thf .trltl E?tIl l rt t'h| tlr|t Frt In lEg pftl lU $rr arld Frt(l.at c? tlrr rrslft rilF..d l€ Fbulttl lir ?rl.€. ?rt.|||d. rotd ccirtfid r! ut? CUIED. IiFrrr In h|rr Ft{ lu ur. artd Frt aal .t tfu rlsg FFtr th rtnlFt Jr.r$t tr l.tr,?fl.5r. t']l.rrd, eld ccrritnl ri lJt? Cutlq. _rt It t{rr pnrrrtr t(|.t - trll.,rrlrrr |.ttr_ t rry rd_tllT C|llf uilc ilrr rtrl irt(lr) rf itr rccstttrrr ftl, arury rU t lT Ellli urtc thf |.ld FFt(lr) rt tn rcs$ Frt. lttalrt hrln. ltlrrur lrl lrllr. lctt-t r ltl ttu- Fltrt, tlth, fFlrrrt, rl.lr rd -d {rlCr lr xfd Fri(lr|t rt i{rr llr|r-Frt trtrt tr 4l-ro_tlnfcttnlrt -|.rlH lrt 6 ol tru rltrtr. lytal rd hlry ln tni terrv cl nE[r 65, VIIIiGE DW PtAZr, TCEEETE lD lHE CnrtrrcUDllrl,t'ffiff'EtlSffiEilEFffiffiffiE rtro hwr r rtnrt rt rr-rr CDtlElElEIIl II{XIE 7Ol, 7G:1, I 765, \IIIiLlGg Dtf EIIZA l0 llAvt lS fO tPlD thr r*i tnl.thrr rlth rll rg rtqut.l rl* r rrtrr]Er r$ ftvllrfr|| thcFatrtto lrlcalq orDrl|. tlrrrinto E?trlnlrf. rd rtl thr trtr. tfit, tltk. lnt.frt rd rb|. gtri.rrtF. ot fha |.ld Frt(l|'tln :ryrl rc tlrrrinto F?trlnlrf. ||d rtl th. trtrr 'tftht, tltk, Intffit fid Glal. gtli.rrtF, ot fha |.ld prt(l|')!l th. tlr|t Frlr .lthr? lh lfi cr q,rlty, to thr srly FnFf |.Fr. hrllt r$ btrE+ ol thr rrld Frt(l||t of t'lrr r*anol th. tlr|t Frtl srly frpr ||r. hflllt r$ bfrE+ ol thr rrld Frt(l||t of tlt. |.cdd FFt. (thcl?' hrtrl ]td rrll't for.rtr.II UIIXEI3 Frt(lrrl of tho llr|t pnt hr(rl h|rrrta r.r Ltrg brd rS r|lt thr lt rs Fff lll,r.lr lr| rm f,rptp t'€liiflB!*itrslSgfdEfiT Dfthrr d'v c'inm t9, 1990 .lf vrE \rItrJME llw, uG., A cu/ilil|F ERFnIIICN Fy Gil,f..tci .Dfrr il, rrp tllrl f,.tlrflEr odtffilF ttil tlr|T r|E. f600Fnm. lil.flrDo loiloa Gillr*, !t tfu llnI.g.C; G \iltrIJ trrrr f, hri tS cttl EnEtR'8 gm ctl?ulEr rurr ELril !!tDtrcre t V15378 Ttrtrr 15378\f. ,-Slifer&t/ompany June 18, 1990 Mike Molfl-caDept. of Community Development Town of YalL 75 S. I'rontage Road WeetValI, CO 81657 Dear Miker Pleaee be adviaed that the Board of Dlrectors of the vall vlllagePlasa condoniniun Associatlon haE approved the remodellne plangfor unit 30' vail village plaaa condonlnluua, owned by nsc orVai1, Colorado, L.P. If you have any queetlone, don,t heaitateto contact me. SLncerely, Slifer ilanagement CompanyAgent for VaiL Ylllage Plaza SS/sd Condomlnlus Aesoclatlon Steve Stafford llanaging Broker 143 East Meadow Drive, Vail, @ 81657 (303) 476.1063 FAX (303) 476.2658 . '98 llA:Er3 i:l F e F uB45-el3sB v.1/>o THISISALE€ALIIISTRUMENT.IFHOTUNPERSTOOD.LESAL,TAIOROTHERCOUNSELSHOULOEECO}I8UITEDggFOiEEICTIIIIO' frSffiWftur coNDoMII{ruMt CONTRACTTO BUY AND SELL REAL ESTATE Scllcr's remedy Liquidated Damages or Specific h-rf-ormance (section i61. (FiN.{NCTNG SECTIONS OMITTED) . Lp^nf,tEsANDpropErty, Bsc Or_vAg; colmADor, F'P', a Co+gragg.+i.mrted parrngrFrl gurch$rr(s) [pucha$er], ts{e*n*rrJlri lr.orynararl rgrccr to buy' and lhc udc$igrrod 5€ltor($) [sotl6], !$c$ to r'll' Affii# ,rr-90- ffifiil::[ilffi*ffiil"',,o*i'gde54ribcd'aBtc$tEin$cco{ntyofk'calorgdo,towit| uirt-z154JggjiDuldiit!' .,VILLAGE-rNN pr'ag'r '' "" -" irccordins ro tfu Mrp or Pht ard Docltradon thcrcofroccxdcrl in srid coury rpcords' l*i..rrplh. ". -' isiaiaffi:a;36iilUt'' - ' . :: :: '- ;--:::::,;tilii;;;lt;{'u"h rad btFrhsr with dl 4rrrcnmr i"PftvenEtrs tnc .,f,.Ud for*t, ot opt u hercin cxeludcd. rnd callgf {r Propctty' ** no personal property, fix!ures or eguipment Thc purchasc pncc rhallslso includ€ uscofrbe foilowlng Purlrng tlcrlnytsl; li -i- -' - ' ' cnd rhr following rtorrge fr*ilrtyGi: t -- N /A .'" -- *icei of ull rar*,lienr and Tho abovcdescribcd irrctud"d i*rg (riiifififiGEioflvcycd !o Puchlser w scllcr by bill of 30lc tl thc clo$rr cncurnbnn.ot, t*cu as providsd in [ectioo l0' 3. puFcHAsE PRICE .{ND TERMS. Thc purcherc Price ehdl bc $ ./15+ooo.40-- , Pavtblc in u's' dolhs by Pllrhrscf $r folto*i (complct& ths rpplicablc tcrmr below)r (l) Earoett lvtoueY' , f]ffiF:6"t" 1n,1,, grr* o1 e cheolr ,. , as esrn$r monr,y dsposfi and parr pyme ofrho pqrcbcrc L_-,.-_ r- L-,.- I lftStr|N9t|frbltiLo.+st 2- INCLUSrcNS' Thapurohsld Ptice ircludct Fic!, prylbli q $-d.h€ldlY I (b) Crrb at Ctostng .,-,1..^,- -^-,t,t I'ijfrbttff-- tobopaidsFurohucrrtchtinsinoash'rrrclronhrrun$rerrunds::::*Xlyj"i:Tf"i]H"llllljlTii; oa$i€tl chcck t -e{.H{.eP.. €lntr*.rtttirt-@ 5.oooDFUNDS.AllPaymcnlsrcqui'€ds|closin8shi|l|bernadcindundswhichcomplywithnllilpplicsblcco|oradolaq''. 6.!Y0TASSIGNABLE.Thiscoorra4t'hallnotbcrsslgrublcbyhuchrsp'witbutsel]cr!priorwritteoconson'Exc*4rssorccrricrcd.this c6r rtcr $hall inulo to &e b€dent of snd b€ binding upon rhc hcirt' porson rcPtes€'rndtt:: l'iilYLilllT" of th€ panias' ?. EVtDENgEOrrtllg. Sellershcll furnish to purchrscr, u sellc'S cxpcnso, eith.r a cuncnl commiut]c'|! for owncr! drh in uEncc policy tn un alDourt equll io rhc purchase prico or rt Stllet'e choicc' rn lbstnct of dtlc strtiftrd 10 l cunsnt dttc' on o1 5e6'o J U ni-l'Q'- ' F g0 , tf a tirle inrsrsnca cornrnitmcnt is t,rnishcd, furct *., nly roluirc of Sol!* rhor coPics of inlttum'n* (0r abstncts of ingrumcntr) liJ&d in thc sahrdulc of cxrepions (Exceptjcnt r$ tic lltlc inru"rc, cotmi't *nt 'ltro bc furnirM ro Purchassr rt ssllert expcncc' Thiu wquitcnrnt rhrll pcrrairr only to inrtrumens $hown ef record in rhs office or rbo ctork rnd ldcotdcf of thp d€sitndlcd c'xlnly or counlies' Tho lill€ intulsdce commilmcnt, togother whh any copies ot nbsrnots of ingtrurncnrs furniuhed frsulnt tq thb siclion ?' constitulc fie tillc doogttr'ntr (Titlc Documcntl)' purchNsr mU$ rcquest Sellcf to fumi$h copies o! tbs(tucts 6f in$tqfiiont' lisEd in tho r+hcdulc of e)ecpdons Fo luel Ua$ -'5-- oalond$ dlys er pryihrscr! rcccipt ofhe rills insur,.n;d commitm€rt. If Sellcf futnirh u tilla ins$I*nca som itt,,,cnt' Scller will have tht lilll inilrrtrco Policy &ltvqed to hwhjEcr r, loon ar PrncticEblc gfEr closing rnd pry rho prcmium rt closing ' g,TITLE.(|)Titl.R4vlt*.Purohlgorrha||h|!tthc-rightloinrpccitbcTirlgDocum0ntiolgbctlacl.WrircnrwticcbyPurchrscrof unnsrchsnlrbilhy ot titte or or,,,y othr:ffi;;;ffi; iri;.i'io''iiio,, orroJi'uy',il'lil; ot;ft* oiruntrrl tttatt rc signco w & on bohalf of ilxlrfult#;tr ffiffffl!"ffi3'sffi3trJffit'1"ffmi'i ro'crhc, wih a copy of rhc nUc pocur,reit iOing no,,v fxccpri6of st o.tiOe. ii:liiiijr'oria"Caeoryrq doci not ncciv jh*c6$arl noticc by U'o da,(s; rp.cifird rbov., Pur.t o.",,r,.g uo oJiillo f,!r. *o"p,JC ,t* .onoirlon "r 1,tic ls-OiiCtoJU ty rira futc Oocuma i aa sstisf&ct0l.y' .Tbfofmmsy1tF!+'r&dfo'rhrrl|rq{1bwthqurcr.PlrndUnitDGwloPfcn$r'doth.t]r'idcnsiAlbuildin8trouPrinvolvi4to.r4Er6hi9olcc|nIno'olct3. Nc,CBS5D.!89, nE$|o€NTtaL cOtiDOMlNtuM C{'MfIACT ro luv ANO$ELL8EAL gSrAfB {rlNAtrClNC sEC{rON$ aMFTSD) Bdfar4 grblirl'ioi, l1'l! $!tss St', D'|lvfi qO &A0t - t3O3) ?9?'?500 - lj.fg (b) Ii,lrn&rs Not grhown b,y tho Pablh fudor&. Scllcr shsll delit/€r to Purchaso!, on or brforE .hc date srt forth in sccticn 7, truc copic* of all IralE(tl mC su!'wry({) In $cllu! posrnion pcnrlnlng to rb. Prupcrty rnC rhdl dirclor. lo R$ch$!! ell crlcmont*, }icnr or other iitle mrlScn not thown by &o psblii! lccordr of whiah Sallqrb1r actual kuowlcdgo. ttE tlJcr sholl havr rho riShr to infpcc! the fuPttly todetormino lf rny drlrd ptrty(s) htt my ri8ht ln Ur? Pr€Frty odt sLwn by th€ pblic r€cordg (euch ss aa.uDrpcodlod oirlcncnt, unt?ooldcd k{cc, or boundary lina discrupaacy). Wrlttn nodcc of V ut}$ditr.tory 4{rdi&nG) dbcto!.d by Sctlcr c rowalrd by such inrpc.rion rh0ll b€ $iftd by oron bohrlf of Purchaeer ardgivcn to Solllte.{Jl.llf ceflF.?m c bqfs! rlune ..?5 ,1939 - . lf sallor or Lisring Compury doer not nc.iw Prmh$€rg torice by |rid &o, Purchasrr shru ba d€€rud l,o h.w lcc.ptC ti{s rubject to such rithrs, if rrny, of third pa*ica of which Purlhr.rry has acaull ltrorvlCto, (c)RigblloCuro, I f Scller er**rht€snrFrt receiyrc noricc cf urururcharnabiliry of titlc or ory oihcr udsatisfactoty titia conditioo(s) ai provided in *ubscclioo (n) or (b) sbow, Scuer $rll uso pasoneblo cllon !o corr.cr $id un$s.irfa{,tory tjllo condjrion(r) pricr to lhc dtE of cloiitu. lf Sallar fsils to sonc* $id un$defrcloly tidc oordldon($) on or b.&rc rhc Crtc ofcloging, thir conlnot thall thrn terlninic, rubjrct !o rccthl l?i plovidcd, horwvgr, Purehascl mry, by writon norice rcccivcd by Scllcr o*Lloriag4c*npr4ron or b+forc clotlng, wrive obJ4ctio0 !o ssid unsEriehotory tidd condition(s), (d) Caodornhis& Doaunenrs, Ifthabcxindubs& on (l) ischcohed, Purc$sEer ho$erighl io drinppra* the condominium docurncntS $ set fortl in subscolion (l), tf uld b6 is doa cbeclC, Purchurrhrs rcccivcd oopicu of rlro coly'orniniurn doourncnu s acccpts tham &r r€t fot$ in cuhacthn (2), E (D SChr rgrrot r,o delivcr !o Purohrscr, on or beforc rho drlo a3r lo h in la{tion ?, I curlrnl copy of lho Dcclrntion, Byla*r of tho Owncr*' As€oshbon (hcrcin "Byln J'), rulcd etrd rrguh{ons ard pury wall rgrccnrcntr, lf any. Wtiltct nolicc of sy ururtisloctory ptovision(r) in rny of thcre Cocurnenu, dendd bi Prlchlscr or on bhalf of Purchuar rrd girtn ro Sellrr or Usring Cornpany within 3hc timc slitcd iA Uo bhnk in subsdcrion E(a), rhdl r$min|!6 rhit conrncr, subjccr !o lcorion l?, If Scllor or llsdag Conpuy do.$ nor ncclw nucharcr! $ri an notica v/ithio such timt, Putehustr rbNtl bc d..nFC to b.ilc recaFtdd th. tlrmr of flid docr[runs, E&d Fqrafur.r't right !o tormlnarc this cootrtct pu,tucn( to thb subd&rion $dl bc qlivod. (2) Purchssor rctrcwlcd-gre th scllcr h|' dolivcred a copy of tfrc DccLunion, Byhwr, ruler rnd reguhtiont rnC prrly wrll agrtncats, ifrny, oftlrc Owndrb AjsociltioD; tirt hirchaser hss rosd (rcvicwed) lhatn, lgrc€s ro {ccept rhc bonotitr, gbli60ti6Ds, E d rcsrric ons which they ialpos? uPon d|c Pnpcrry ad wrivor rry right ro Gr&in8t! thir co$trdra du6 o ruch Cossrnrnri, mtwitlr*ending rtrc pmvisioos of subsoction 8(c). t D/ttE OFCI,{)SINC, Thc drtt otclolirg rhdl bo . JULd, 2o ,19.9.0*,orbyr rtld *gccrrcrd ar & culis! dst4, Tlu hour ||d plrcc ol clo{ing rbrll bo la dctiStEt.C by f0, tnANStrEA Qf TrTLE. SBbjecr to Fndrr or Fyro*rt on chsing $ rcquiftd h€ttla srxt compliurce by Pruchasaes,ith tho olbrr Erot ud Fqvi$fi hrrlof, Slfbr 6hdl c*.culn rod dcliwr u good and rufficicot quit e,] .-im -. drcd ro Purghtsdr, oa choing, scrvqing dre Pmpcrry frcc urd dlerrofall ta.xcr €xr.€p{ thc t ncrrluxpr fot thc y,clrof cloring, aad oxccp J}9IISI-- f!.G srd clc||r ot all licnr fu spcclrl iaprucmeoB inlallod 15 of !b€ dttc of Rrsh$ort sipttqre,lercon, whctbcr Bilrsicd or Dol; e$spr dirtributi€D utliry crr.mfiB, tn rluding cabLTvi ctccpt tho6d $atten t€flcctcd by tho Ttla Docuncaglccopid by Purcb&r iri lccordsrcc wirh subsc4don 8(a); c.\ccpi rho$ righta, if aflj,, of Oird parties in the kopclty not 6hown by rhe pf$lic ncors l0 r&ccidanci wirh subrccdon 8(b)i rubjrar lo buildin8 rnd roning rcgulrtiom rld subject to tho brnsfits *nd brgdenE of rny D€.lrrldoD :dd pdny wall sgraE nrors, if aoy, U, iCyMEIiTOf ENCLIMDnANCE$. At|y cncl|mb!|nc! rquir0d rob. pid$fullbc paid ar or bcforo thc tilBe of s.ltl.nsnt frctn lhiptocc€ds 0f tbi! tnnnction ot ftotr sny o$cr sotnc€ , U. CLOSINC COSTS,'DOC(ME}\rIS AND SERVICES. hirch$cr rnd Sellcr rlrall pry thcir rtspctivc closlr8 ca$ts 6r-closi_n8, .fic€Pi crt orlmwi* providcd hcnln. PurchrJc( & t Sollcr oh!.tl oign rnd compl€tc &ll cusromrry or rcquir€d documcnlc gt or befote closing' Fcor for rtrl ertst cloring.nd setrlcmenr rcrviccs shatl nor €xceca 5 --&-9-r0i-- anc rbtt bc prid rt ctosins by so116r..an'i F'Jrtha'g€E ,_ e_guall+_ - ,- l.t. PRORArIONS. Gsndral tarcr tbr Ut€ )16r ofclosing, bcrcd ofl th6 mo0t rcco lcvy Eod thc mod rcccnt assetsnlcBti rc4t6; rYaBr tnd towct chrrgo$ inrgw on con nui1g td$n(s), it Eny; eurrdrt regul$ Condominiutl o, OwDcH' Assochcion (hcrcin Owncrc Associttion) s$dslmetts, lf 5ryl &d no Ptherjlpma - , - $h8ll be ptoJrlrC to d*c ofclosinS, Ownpru' As&cistioD stsc$snEnlt paid in advalca lhull be credi&d ro S'ruff |t thc timc of cloring, Crsh reFeryes hcld out of thr eg$ltr Own€6' Asroci*icn $ltasfieott for dcfcncd mai c0Etrcc by tho Ownen Asrtrhtho $aU 0ot b. crGdhad ro SollGr rxccpr u may bo othcrlrh! prcvid.d by $o D€cl ion, Articlc{, or Bylavs, Atty sPcsi{l $irsrncnt ry U! Owler' Ascoqrtbn tor irnprovsrn€jrtJ firt hrva barn ins.dlcd rr of tho drlc ot Rltchercrl rignarure herton thEll b€ the obligrtion of S€lLr. .dny othcr ryrciel a$csinrsnt Erro$€{f priot t{t d r otclosinS by ih? Ownlrs' Arrocirtign $alt bc tlt oDligation of S a I 1 4 r _- . 'bltcirr Ary$l?r, urr d trir:sfcrux th$ mry icctur bc€ruw of this tritnr*don thrllbl pdd by lill r cD-q$4r ., U. FOSSESSTON. Forseeston of rhr Propcny lhrllbo dclivc&d to Purchrr.r.s followr: UPOI1 Completion Of theclosing of title t,o the prop€rt,y t $bjr*r !o b! fellowiry l.rrc(s) $ lsos!cy131; lN.g n e _ -. ' ' " If S€ltdr, rft6r closlng, hib ro d.liy pe$cadoo on rho d!!6 hania ry*llicd, Sdlc rlull bc rubjrxr o cviction ud shslt bc addftiondly tiEblo !0 Purchrror fcr prymcn! of $ ijJ9- pcr dty forn U€ dstl of {8rraC po$.$riarr undl Potrclrbr is dcliv.&d. pur0h|ror ' 0 <loor Dldx.s uol rcpro€cnt rhur Purchuor w l occupy tho ProFrly hrph#ctl Principol tlsldpnco. t5. CoNDITION Or AND A{MAGE To PROPERTY, Thc Propcny and Inclueions rhlll br convgycd !n $cir PrcsE c-onditisD, ordinnty ur{l. god Err .Ipcpred. In rn. cvcnr rho hop€ny thrllbr drmsgcd by llrE orotjrtc ucl.y ptio. to dms ot cloiing, in rn lnl'lul .tt Plryl_o_ ?3.S1 pcrg€ar of the ronl'purohue p(ic!, Sollcr shiu bc obligrkd !o rcprif tlr€ rrmc befota hc drt€ ol closing' In 0r crtnl sucD Cf,nagc ls nol toprllto wlaDrn il;d;; itib; dfiicpr.fud n;€n su-, rhis conrircr may bi t rmirrrod irt thc option of Pwhaser, Should Purcharcr clcct n crrryo-tl dis contfrst d6*;tit6E;iGhdiiiii b.,nrirtcd ro crcdir rrir.all tho ineuratrcc.q*SLP.'l1ins.fry1t*h,q'9f-qry-Y4.*^l-tllf3:51;ili;;:;r*# lil orsl gtlrcise p.".. Should .rur tnclulioo(r) or rcrvicc(r)ln slid Udt ttil oibs fimcgcd bcrw*n *rc drc of this coolrtct arld S|€ ;il;;'*;;i;;t; il;f posil';, whichcver r-hlll tc egfiicr, drcn Selfr rhrlt bc liable .for th. rop-rir or repLtc-cmcnlg:::!-S$i9lfl::il;';"#il ;it;. ffi; gos;iF, "uiiciai rirtt t €arii;i ncn seli'cr rhrll bc liable Jor th? rcRrir or repl*149n! !f Y:f -$Si9l!:l 1: scryicc(!) witi'r unir of rlmilariiaa, rgc und qultily, or |n cq si\4lenr crtdir, bu? only ro $c crleDt thst thc maintrnaic€ or tepFccm€nl 0l such lixtsl9$ 9r *ovica ii aot rho rcgoonribilitv of lhE bwnirN; Associruon. iet$ ray ilrurancc gltciCr rccsiwd by Purchalgr cowtinl sucbtEPur6r plic6JMnl'rrryict ii aot tlo RcFrndbility of thc Associrdon rhrtc rhdl b drE follo ng rcrnediesl . ret$ ly glscaCr rrcsiwd bY Putchalgr cowti . 16. TIME of E$SEI{CE/8EMEDIES, T.lnc i3 of rhc .si?]Kc hcrrof. tf eny norc or check rccoirryd rs elml*r moncy hcrcu4cf 9t ttty gltYr p+ynenr due heicuodor i3 not p$d, bo0orEd or Erdarcd wben dun, or if uy other obligauon hcaundor ir not Pedormcd 0r walvcd al b€tcln plovls4o' (r) If PURCE SEn $ IN DETAUIfl: IF THE BOX IN sUBsEClloN (t) Is 9H4KqD,.qFLLE-R'S REMEDIES SHALL BE Aq qlq Fogrriii3ulisEcrroN fl) tspeffi- psiironr',te.llclr, F SAID Bo( ti xot cnecrep,sELLERs REMEDIES SHALL aE As sET ffi:*}|?:ffi1 '1ff':H?'fff'Tl, ,-,*, . ,un.o,rcc, in whicb car*rr prymc* Er,o rhinsc d varuc nccivcd P:ryr., ;i'tilEhlrfr,rd;a-rsitjnel on U.tutfotScttcr, rnd Sllkr mcy ftcorcr ruch danagm m mry be propr' or Scllcr may clccl o trcat Oi$ conttrcl DcinS in full fott. lnC cffpst and Sellct 5hdl havc Oc tigh o rF€dific Prftbrlrtrncs 0r drmaStr, gr both' (Z) tlqtddstcd Drrnsgp. All pgymonrs ard th,ingr sf vulue riceivC heroundff shrll bc fonbited by hJrch$cr rnd retained on bohrltof Scller fld m,il.riilirnAi ucriiia-iuc rste11;6o irom rtt obliiir-ioui trcraunasr It is egrscd thot euch Fymcnt$ ud &ingi of lslus rrd LIQU IDATED DAMA0ES il (il;;;'Dr*ti; i.i rlusecrion G)) arc sELL,E'i'$ soLE AND ONLY REMBD/ for Purchsrr's friluro to p.tform ul€ obliscti(tn! of thic codrpct. Scllir upi$lly wri"oe rhc rerncdhr of fpcifrc perfqrmai.c ud rdCitionul dr r$t' (b) tr SSLIJR Ut lN DESlllLTr Rlrchsssr rnsy cbct to tr!|t &ir contncl s €ucellrd, in which ousa tll.gry*$ T!.gl8l E,:li: rcccl$d-tercunder shlll bg rprumd nDd furaiuet mry rccorvcr iuch drmtScs |$ rnry bc prupcr, ot Putchrsir mry clccl to lroat lhis contncl lA Dctng ltl full forcc rid sffcs and hrchqarr sbtll hrye thc ritht to $pccifie pcrformancc or C|gtrtds' or bolh, id CO9TS ANDEXpENSES. Anyrhing ro rhc coarnry hcccin novitlrsrdll8, in th. evsnt of rrry liti8ltion or sbilnliot aritiJrs o[tcf thil corllncf, thc gorrrt $lull $v C tO tic pltttili4 purty all Hlon*bk CorU atd at9ctlL, inolll{ling rllotngy lccs, ." lt:l L ll : llEi r-r F ; F':ll:lo -8.J5-ttJ--,E P.4/5 o Conpuny,le 90 ;il,iTi.il;fi11,1lifr lll!! tol forth th{red in th;( c,.'i^. .-,1u rot forrh *T,[,:* racrion, .nc if ?urohrscr ano siucr rrn* noi'"r.ir,.i. il;;;;;r;';:#ffi;;#:'fr:Tff:_rrrna 1( -^ nn , nr_ry, rF.eexrtr|r rrr.s tlr.IEoa t{tcrgot Qn o, iglort ffi:]1.f+:.'*isc<rarrrctshallthcatermirirrtc,rubirlrose6l;nt7'Purcb!5€r|rft8Pcnsiblnadsh8llPry for rry rlarmgc which occur$ !o &e propsny md Inqlusionr ar s rcsult of ru€h inspccrlon, ?bAj5$lcIATIoN As$EssMEYlt ,#tX'jtltt:no thtt.h! .mount of thg rcsutar ownerr' Alroqiarton rlsessmonr r! cu'rnrty t&cpt lll0 CU!'rnt rcgul srcssmcr*s r6t6srflBn$ .rs rubjoct to ohange s! prbvidrd in rh. Dccladrien, Aniclca, or Bylsws; Splhr 0tr9as t0 !cquc$r, prompdy rnd .liligcnaly, a st{&mo'lr of rslcsinrdnq 08sinfi the Roprty, propued ond c€rdficc by od Eoord of Dlrccrorc of rhc Ownln Arsocluion or rs dccignrFd ngenr, sd dsli\Er raidtl$'rnc !o Putchrsor on or befora timc of clo3idg unlc$s ma obtdnabts uftr{ Cua dili$mg. Any lber irtdi&m to oc isru$qc d such slalosu't of sc{?$lmsnl $hall b6 Psid by It" EICHTOf FIRSTBEFL'SAL' lfthc Declrrrtion, Atticl6s, ot gyhw! trquire {Nrirtrn rppr{ El of rhc *lc conromplaod by this conrnc. or*'riw of(i&ht of firlr Ffusal, Seller shtll, within scvcn calca<lar &$ of tha &te $is docunsnt bccomcs o cootncr, rcquen su*h rppronl ani/or wrlvoru ory bc rcquircd affl sh{ll Colivcr it io Pwhasor on or beforr ctoring. If Sclor shrtl bc u'lsblc to obtlin sucb rpprowl arutlor wsivar ol orbcforc [t/A - ,, :,.t9-,rhircontnctsbrllFsminara.pnrchqeirgrcrrocooperatcwids.llcrinobuinlr{lhe spDtovll atd/ot warver rnd shall malc availrblc such inlbrmadon u fir Orrncrf Asiociadon mry nuo"fit t{-i": -* 2'" ADDITENAI, PRIIVISIOT{S: As set fort'h on Exhibtt A attached hereto and ma.de a part hereof. an..IECCEVIMENDATIO\ OF LEGAL COUNSEL. 8y signing this docuncnr, Prtrchusr ud Sctlor Ecknowlodg€ rhu tre Scltiug Compony or. thc Lliltrl compaiy hs$ ft.snnsd€d thrt Pulch*rrr rnd scllcT obirin rha udvico of rtclr wn logrl counrel regrdlng craminclidif dtli uti tfiis conrncl, 24. TERMINAfi0N. In thc .vcor $is conltact is Icrmimtod, ull poymcmr rnd thin8r of vrluc rtciiv€d hor€undcr rhell be rcrurncd and dra prttiot thiU bd rclicved of rll oblig*hns trerunCar, rubjdcl ro soclion lt, 25, NOTICE OP iCCEFIANCE/COUNTERPARTS, lf rhiu pepq561 h rcccpted by Scll6( in wrilng rrrld Furchrj.r r€ceives iodce of ruch $ce pliuco on or bcfort , l9 - , rhb docum*at rh,!l bcconrc a concrct bormrn Sellrr urd Purchgpr. f;ilTffl1,?*, rtfflff"f,,ty*iisnec' shalt havo rlrc rishilo.hnc irstr{riojlG)orfia phy$icrr cordirion of rbe.Plop€rry and Incrusionr,rrrrfn, ,:un. oloiunt un$Blisrocto,y condition, sigXd cy purchsscr,ii'n; i*-"*c oy stir"r,iiti.ry'E;;;;Jrt Purchasrrb erpensc, lf *itfon I -- --'' ":-4"*''"'' u'Yo srs IrEt[ 'Q oavc lnsP€'GlDn(s) ot Ulc physlctl cotdirion oftbe h.r;;;;--:-' "'.itii;E:lgEnv un$Brisr'cto'v condinon' sigtii bv "*::E;:,:*:*il*T: ;;;il;d;;ffiil; r*s rnd ixce$ ,N.'ne , , . Sgch A copy af *d+ dotumcat tnry b€ exrcuted by cach party, r.cpanrcly, rnd whan crch ptrty hls ecput€d I sopy tlroroof, ruch copics trlar tog€thqr shrll b? d!€m€d to bo a t'lll ard comDlrF contl}cl b{twccn rhe o tics. P:c 99-yA.lL99!9R199I1P1, a colorado rimired parrnership By: Purchardr! BE usrtN6cor4PANYl 25. ACCEP/rANC8/COMIV!$S!ON. &llcr rccepr rhc abow prrporul thir - dry of VAXL VILL INC., a Colorado corporation ts 6clt+l lb5 /Scllcr! Addrcss res ldeOt dow Dri.ve va11 go*t+ore*y D'tc Purchager t$ Address I c/o t 999 Frank Cicero, Jr. Broadrray r Suite r Kirkland & EIlisr 4000, Denverr Co 80202 '98 1ttr:81:r ar P & F :'1li -J _ L:' ,1 E _ trr v 1350 P.5/5 L SXIIIBTT A (Attached to and made a part of parkingCondonlnLun contract to Bui lna -self RealEstate dated JunG 1, lgg}, Ue-tween ASe-Of VaifColorado, -1,.p., Rrrchaeer and ValI VlllaEe Inn,Ino., Seller. ) ADprqr oNAL. PnovrsroNg 1. 9lrchaEer ie buylng thc proll"rty ln an frAs rsr conditlon, *__,__1., Each party repr.sentg to the other that no real estateDroxcr has anv claiu tor conpenratl0n or cxpensgr a3 a regult ofthls traneactiin ano .i9rr p"-ffi'iter.by aErrees to Lndeunlfy and hordharmleeE the other asainst inv eu.h tiiin-iri*t"ilf,-1r*;irgi;-;;undcr the lndennifying party. a. Thlr cont^raat 'nay bs cxecuted in tlro or $otr6:?lnt:j:plllrl each of whlch shalt ue Aeonla t" ud an origt$ar-indlrl or whl.oh togethet ehall gonstltute but on€ ena the ci;sotlglnaf instraluenE. 4 - rr!'Axrt nachinc eopirl of, an orrElnar elgnature by ex,thcrpN'ty ehatt be blnaing as il they weri-#Gi;at Signatures. Project Application 5 '7, 7a Prolect Name: Prolect Description: Contact Person and Phone Owner, Address and Phone: Architect, Address and Phone: Legal Description, Lot f) . 31o"p Comments: Filing Va;L Vilhe t*, Zone Design Review Board err. 5'2'7O Motion by: h'l t ( ', seconded or, ,/. o-^'G DISAPPROVAL j^o h .r, lqrtL- Date: Town Plan ner E Statt Approval : APR-16-'98 15:34tl fr' r!ar t I 'rl I a -llr A o TEL NO: APPL8C Tt0I{ 0rATEt Asrll 16' 1l0F .. - DATE OF ORI t{tETli{Gr . llrr l. l-cl0----'- a. _ DRE APPLICATIOII . : '-' '. -.-l-- - ' ';:- --- -- ^.r-.r---i^s I **ftt*r! AppLtcATror{ HILL iloT ri rccgprgo u}rrtl rLL rrilOruillt0t{ t3 fuBrllTTEDrr*tt l. lfE.AtPttCATt0tt l{E$Itl0t fl452 P62 milet0{ niruiiiif;irril'illil$fr l$tlliliil$'iiililiihliiilllfif lill*rrlitiitlii ji! ii,ifr ii$iiilii,itgillt$ fi niil illriillHfrry ilf trrtor). a flndil'iii'il liriiiiiiii liilF^ii;iiiiv-$.;ikfri-iiibint'nrnt llT tf iiii'.lirill:l,lr'iuiiii ilei iffiil'rir[ml iili . rf iilrrmrnil, Plftrr ngt!-tl iFt:iiii,iiiliiriti,!iliiiili:rilifiilt jlglii,i:drffl :r,tttilit'| ll li;'3iri'i,]t'iUilii ittiiiontt rumltttl.4qult'rmm6. Ptlrrr nqEl rnrE I LsnrLtrr trt'rr' lFr:iiiliiirliriti,ltiliin'ri:ifiiI!,'nr;lii,i:drm :t''tttilit'|ll lii'3tri'r ii ;ffii;iT'lriirl'i. [uitctng Prrnlt tili'iiillil$:ilf;l$l]it':iliiilti:-iii iinliiiEii' ir iiinr;rii -to'st .4,?R0JESTDEsgRlntoi|lConllrr{on0f.!.,?3?tfi.|t.rr{rtln'rlrrqlralrlrlrgll"e..,* ilT-Ytllror Plrrt Condomlnlum.l. locAtloll $!r31r lrrt Mrrdof DptrrR-qd urtL 0err-. lrtrl Drrotptlon Lot--.g- llech lcnlng Sorclal Dcvliounlnt 0tltrr{ar rr Flllnfll[ttlllaPr ttt C. MllE 0F AfPLlClrl{Tr Bsc oF VAIIJ MllE 0P APILICANT tS BEPRtg!|lTATlYl ttl nm /trlrlr r'^rt h"# fiarrr i00 3. Fr.olttqlfrd. 1.. sut+ ttarurlt, r'n SUrr , tdrphoilqFrrff'Snlg E. q{ffiE 0f C OF IIAII., COLO )6i,* Addrrrr onn [,1o^. ,r, lr-, nir*.fi,, leret- " ,,, trbPhonft&!9L3316 F. DRB FEtr Thr frr rlll br prlC rt tlrr tlnr r bulldtng prrnft ft rrquiltrC' IltuAIroN _ l0r00o t0,000 160,000 .500,000 r000'000 1000i000 $o0[rAl{T noTlcr RE0ARDII{0 ALt tuBltrslolrt T0 IHE DlBr l, ln rdd!tton to nrrtfig fubal!ilI nqulnnnrntlr lhr-rp9llarn! nYt! rtrhr-thl-'tltr'0 !f,,iiitiiii irfriill';iil'i,ltliiti;idi*lil"l'ili'll'lni'lhol'litl'1f,. tl lr. Thr rrylrw rFoc.rf fcr. r{Et{ luttotltot wlll prnrl!y Inqly! bq rrPllllr-nutlngr ii'titi'iiirii-iiiici-ioili,-ii-iifiU'ii iiili.tfio nmtlnfr tor thrlr lplrcvrr. ' #: til,',li o'ill f;l,loffi iill !i'?,1'! 3" lil.Hli"-?ii'!.'il[ih' |l'$i' "npuDllrlrC. ' 0, 744 $r- 'l 10,00I tt.00| 10.00 3100,00 tt00.00 f3@.00 | 0.ft 10.001 . I 1.50.001 . I fll0i001 . I 3f00.001 . fI| 0irn tt 2, '1. APPLICATI0N DATE: APril 16' 1990 DATE OF DRB MEETII'IG: l4aY 2. 1990 DRB APPLICATION ACCEPTED UNTIL ALL INFORMATION IS SUBI.IiTTED*********THI5 APPLICATION tlJILL NOT BE I. PRE-APPLICATION MEETING: A ore-aoolication meeting with a planning staff member is strongly suggested to e.i;*;;E'ii-inv uaaitioial lnforination is needed. No application will be accepted ;;i;;; ia is comptete (must include all items requ'ired by the zoning administrator). ii'it-tnJ ippiillni;s iesponsibility to make an appointment.with the staff to find ort ulout aiiitionat submittal.requirements. Please note that a C0MPLETE applica- iion-riii streamline the approval process for your proi99! by decreasing the number of-Conaitions of approvai ihat the'DRB may sti-pulate. ALL conditions of approval must be resolved before a building permit is issued' A. PRSJECT DTSCRIPTION: ConVersion of 3.927 sq.ft. existing comercial qpace knnwrl contai ni n bedroom dttdch€d Pldns. Construction of a nerv enfrancc in thp soriLhwect co.ne.0f thg commercial space known as Unit 15 Vail Villaqe Plaza Condominiums.B. LOCATION OF PROPOSAL: Address East Meadow Drive and Vail Rnart Lega I Des cri pti on Lot-- n - 81 ock Zoning SDecial Develooment District #6 Filindajl Villaqe lst NAME 0F APPLICANT: Frank Cicero. Jr- Address 200 East Randolph Dr.. Chicago. Tl 505n1 telephone312-86I-2216 NAME 0F APPLICANT'S REPRESENTATIVEBTineT,/Strain Arnhitectc hMxJ I Address 500 s. Frontaqe Rd. E.. Suite 112-Vait, C0 RI657 telephong03-+;e-3039 rllAME 0F OWNERS: Frank cicero, Jr, Xisnutr"" Address 200 E, panrrornh Dr. chieager It 6060r . telephon6l2-861-2216 DRB FEE: The fee will be paid at the time a buildjng permit is requested. VALUATION FEE c. D. E. F. $ 0-$ 10,000 $10,001 -$ 50,000 $50,001 -$ 150,000 $i50,001 - $ 500,000 $500,001 - $1,000,000$ Over $1,000,000 '$ 10 .00 $ 25.00 $ s0.00 $100.00 $2oo.0o $3oo. o0 IMPORTANT NOTICE REGARDING ALL SUBMISSIONS TO THE DRB: 1. In addition to meeting submittal requirements, the-applicant must stake the site to indicate propu"iy"iin"r unJ-Uuitding Corners. Trees- that will be removed should also be marked. This work *rit"U..o*pleted before the DRB visits the site. 2. The review process for NEIJ BUILDINGS rvil'l normally involve tllo separate meetings oi-tne Des'ibn Review goi"a,-io plan on'at least two meetings for their approval' 3. People who fail to appear before the Design Review Board at their scheduled meeting and who have'not asked for a ioitpJn.*ent will be requ'ired to be rePubl i shed. LOT SIZE Comments: 20' rc' 15', (30)(so) ZONE CHECK FOR SFR, R, R P/S ZONE DISTRICTS DATE: 4/16/90 LECAT @ Block-- Filing Vait Vilaqe lst ADDRESS: East l4eadour DT;Tn-AT-TT Road - ol.lNER Frank Qrqe Phoneflfugfufll![ARCHITECT ..thone:O:-+ze-:o:n ZONE DISTRICT Special Develorrment District #6 PROPOSED USE Residential Comdominium NA Height Total GRFA Primary GRFA Secondary GRFA Setbacks: Front Sides Rear Water Course Site Coverage Landscapi ng Fence/Retai ni ng i.lal I Parki ng Credi ts: Garage Al loled (30)(33) 3927 3927 Propos ed NA NA NA NA NA NA NA s1?2 f t,". ,, zs,lo4'+ CNPfl { He i ghts Mechani ca I Ai rl ock )f,orage Solar Heat Drive: Slope Permi tted Envi ronmental /Hazards : 50 X- =.L- -n- t \ (3oo)(600) (eoo) (1200) (50)(1oo) (2s)(so) (2oo) (4oo) -0- Slope Actual NA Ava I anche Flood Plain NA Slope lJetl ands Geologic Hazards NA Zoni ng: Approved/Di saPProved Date: steTT_slgnature a LIST OF I'IATERIALS N4HE of ?,lg.l-gl:.. LEGAL DESCRIPTI0N: LOT .o t STREET ADDRESS: DESCRIPTION OF P : jng unit of 3.868_50 GRFA The folIo|ing information is_required for submittal by the appiicant to the Design Revier.,Board before a final approval can be fiven: A. BUILDING I'IATERIALS: TYPE OF MATERIAL COLOR Roof Si di ng Other Wal I I'tateri al s Fasci a Soffi ts lJi ndols llindow Trim Doors Door Trim Hand or Deck Rails Fl ues Fl ash i ngs Chimneys Trash Enclosures Greenhous es Qther \ ood Shake Roof match existin od Vertical Sidin match exi sti n match existi Stucco To match existinq !!td wood & metal To match existjnq l^lood To match existinq USqd To match existinq l4etal pipe rail |rlhi te lletal To match existing Galvanized steel To match existing Stucco To match existincl NA Aluminum frame Dark Bronze Skyliqhts Velux Dark Bronze 9 I o I T T B. LANDSCAPING: Name of Designer: pnone; PLANT MATERIALS: PROPOSED TREES Conmon Name Quani ty Si ze* for conifers. . (over) Eotanical Name EXISTING TREES TO BE REI'IOVED To match existin Metal clad insulated To match ex'i stin *Indicate caliper for deciducious trees.Indicate height (,f ti'' t FOR VAIL VILLAGE PLAZA CONDOMTNIWS RECITALS 1. F & L VAIL VILLAGE PARTNERSHfP, a Colorado generalpartnership caused to be recorded the condominiurn Declaration forvail village plaza condoniniums (the ,Declarationr') on November19, 1984, in Book 190 lt nage zOi in the r".i f.operty records inthe office of the clerk and Recorder of Eagle bounty, cororado. _2., Paragraph 15 of the Dectaration provides, in part, thatthe Declaration rnay be amended frupon ttre wiitten approval inrecordable form of the owners of 1sz or more of thl-g"n.r.iconmon elements and Z5g of alL first lienors....11 3. The owners, as defined in tbe Declaration, of loOg ofthe general conmon elernents, as defined in the Declaration, andall first rienors, as defined in the Decraraiiorr, desire to amendthe Declaration as hereinafter set forth. DECI,ARATTON OF A},IENDMENT The undersigned olrners, who constitute the olrners of r.oog ofthe general cornrnon erernents, ana the undersigned first ri"""i=r--who constitute alr-.first_rienors, d.o hereby consent and. agree toand do hereby anend the Declaration as foLlows: 1- subparagraph 2 (a) of the Declaration is arnended in itsentirety to read as iollows: condoninium units-designatEd 1 throu6n :r, inclusive,each consisting of a unit, an undivided interest in tfregeneral comnon.elernents appurtenant to such unit, "ti"tinterest is set forth in iinilir e, i"a-irre exctusiveor non-exclusive right to use and enjoy linited conmonelernents, as set toitn in nxhibit sli:-' . 2- subparagraph 2(f) of the Declaration is anended in itsentirety to rLad as folLowi: _ u(f) Condoninium units 25, 26, 27 and 28 shall beused and occupied solely for dwellirrg oi--ioagingpurposes, condominium units 1 througfr 2a, in6tuiive, zsand 31 shall be used and occupieO s6ieiy'for office orcornnercial purposes, and cond6ninior .,nit 30 sharl be -"-:used and occupied for dwelling, Iodging, office or 13yn9rcia1. purposes, all as p6rmitt.a 6y and subject tothe appropriate and applicable governneirtal zoniig and oN' ( t- use ordinances. rules an. regulations from time to tinrein effect. An.owner shall hive the right to Lease hiscondorninium unit upon such terms and c6ndiiiorr. as theowner may deern advisable; provided, however, that (i)any such lease shall be in writing and shali provide.that the lease is subject to the ienns of thisDeclaration, (ii) a condorninium unit may be leased onlyfor the uses provided hereinabove, ana liliy anyfailure of a ressee to conply wittr trre terlns of thisDecLaration, Articles of tneorporation, Bylaws or therules of the Association shall be a deiauit under thelease enforceable by the Association,rl 3. Paqe 1 of 2 of Exhibit B of the Declaration is amended 1n ifs entir6ty to read as set-iorth on schedule r attachedhereto and made a part hereof. As rnodified herein, the Declaration remains in tutt forceand effect. IN WITNESS WHEREOF, the undersigned have duly executed thisFirst Amendment to condoniniurn Decraiation effeciive th" fir;[--day of April, 1989. OWNERS: F & L VAIL VILI,AGE PARTNERSHTP, AColorado general partnership TitIe: By: Pres ldent SILVERADO CAPITAI RPOMTION, A Co lorado By:Title: BSC OF VAIL,._ Colorado linited pa eral RED SANDS CORPO --President,ahip SILVERADO INVEgIITENT COMPAM, a Co 1o rado rati.onTirl - De lavare co Pre s lden t ro, Jr. Luc H. Meyer l,laryLynlE/ Hanlon 'By: VAIL VTLLAGE rNN, INC., aColorado corporation Jos FIRST CONTTNENTAL TLLTNOTS NATTONAL BANK AND TRUST COMPANY OF CHICAGO FIRSTBANK OF VATL By: FEDERAI. SAVINGas Kecelver toSTLVERADO B} ASSOCIAT By; President President AND LoAr( #iF*'i.8"3&X3ilf,r, o"c, sAvrNGS AND LOAN Tirle: STATE OF COUNTY OF DALLAS )) ss: ) - Th" foregoing instrument wa5 acknowledged before ne this /6nday of *"t , , . 1989, b_y Jrank Ca*'{paql" e.Jsp..,i"-guir"?ffi".of Silverado Inv.st*eni Coartner of F & L Vail ViUage partnersh.io. Witness my hand and official seal_. )) ss: ) The- foregoing instrurnent was acknowday of _/lJuE_ , 1s8e, by/r,;u{u,General Fartner of BSC of Vait,-Eof&lEo,Iinited partnershrp. Witness my hand and official_ seal . ssion expires 9lS-?A STATE OF COUNTY OF STATE OF COUNTY OF . The day ot I ore me this?/sfasa orado ,/'? //'r'-r0 )) ss: ) Witness my hand oing instrument was acknowledged. before me this eE, l-989, by Frank Cicero, ,fr.. and official seal . edqed bef #;Notary Public My conmission z Ze,kL7 /fYo Notary Public My couunission exlir "rz ?r/d'oet( ?, P?A srATE oF C_surenoo couNTY oF EAtrtE The foregoing instrunent wasNrrcrr{r - , t-989, by Luc s my hand and official COUNTY OF bA(..,L€ before rne this ]hacknowledged H. Meyer. seal. r{v cornmis=tfildfffilffi&*a m,ur 8, 1992 1 P.OhGAi ss: U*tr SSf ) ./ror t*-slora dO s-sr*:' ".j' ERIC ii APPI.EGATE J9.,.. ...':o: KcrittiuV Notary Public The foregoing instrument nas acknowredged before rne trris l& f &{r(nt^\-r , 1989, by Etizabeth A. Meyer. ess my hand and. official seal . ?s'i. W-*ei(.Notary PubLic u Mv comrnisti"fiytffilfrftfibim ooanruer g, lgg2 ?. O 8or 666 $t,co tt65! The.foregoing instrument was acknowredged before rne this Zglhclay of , 1989, by Marylyn E. Hinlon. Witness my hand and official seal . My commission expires: My Commision expires December g. lg92 P.0. Box 666 Vai[ C0 81658 i APPT.EGATE i frh-. ,..S ERIC APPI.EGATE Notary Pub'li STATE OF COUNTY OF day of of Chica-go. Witness my hand My Cotnmh*n qdnc hcember g, t9g2 P.0. Eor 666 Vait C0 91658 before me tbis ?/<f'/ , as l/tce - Ent.' te The foregoing instrurnent was acknowredged. before rne this z8+h, 1989, by Josef Staufer, as president oflag6 Inn, Inc., a colorado corporati6n. rny hand and official seal . SS: ,/1 tcouNTY oF 4 The foregoing instrurnent wasday of )) ss: ) and Trust Conpany and official seal . otary Public My cornmission expires:e/z/rzq, STATE OF COUNTY OF The day of President )) ss: ) foregoing instrument wqs acknowledged before ne this Z8+hNLv . , 1989,_ bw Eevru F. tllc6o,rrlr_o ,-.=_V]-t_e-of FirstBank of vui1.- hand and official seal . }ly conrnission expires: Hy Cammision qOires December g, l99Z ?. O 8c 666 ECo il65S 6 Notary Public My cornrnission expires: acknowledged NationaL Bank ff$"'"s%\ tu;,:::lp Notary Public STATE OF TEL{S I couNTy oF pALLAs ) ss: The foregoing instrument was acknowredged before ne xuis /0day of M"y , 1989, Uy FraiL earnrpaila"i-- orate Banklng, Savings and Loan Assoclationl Witness my hand and official seal . 5t*le l"e+a S Notary expires: f-/S 44 couNrY oF &4L, I "tt ---- The J.oregoing srArE op H-ou.dn ) as corporatiar. Wituess ed bef ore l!E1ns trument , 1989, by my. hand and offlclal seal. 7 N M .l was acknowled of Rdb Sands Pub lic;;;,i;;i;i "*nlres : y',/r, .t r| qi't-'t SCHEDULE I EXHIBIT B (Attaehed to and made a part of CondominiurnDeclaration for Vail Vifiage plaza Condoniniums. ) Percentage ownership inGeneral Comnon Elenents Appurtenant to theUnit 1 2 3 4 5 6 7 8 9 10- 11 T2 13 14 15- 16 L7 18 19 20 2L 22 23 24 25 26 27 28 29 30- 31 2.5? 0. 13 0. 18 o. 19 9 .69 6. 00 3.31 5. 19 1.53 o.29 0. 13 0.41 3.O2 1.4 0 8. O6 1. 53 3. s4 5.36 0. 91 2.68 2.).5 2.37 5.61 9,59 3.59 2.t9 2.08 2.99 2.51 9.44 1. 16 t Kr*t* FYT \ff itr.^,^ ' fil '{t1,"APR t,rtggO,lii P that there ls a plan for a pocentlal 1n the space pre6ently occupled by Varl VllqcE IxN \/illage Inn Plaza Condomuuums Aprll 11, 1990 Mr. Frank Clcero Klrkland & Ellls 200 E. Randolph SrreeE Chlcago, I1, 60601 I hope that you understand and qulet enjoyrnent of our Slncerely youls, VAIL VILLAGE INN Josef Staufer Presldenc & Managtng Dlrector JS: fm Copy to: Dear I'rank: I have heard Ehrough the grapevlne sea food restaulant to be Located Goods & Fl1a. Thls may Just be I rumor, but ln case lt is not, I would like co goon record that the Vall Vtllage rnn would strongry obJecc ri tn" Ip.""ltere to be used for a hlgh trafflc, noise generitlng actlvlty. Not only ls thac space wrthln fee! of lhe DaJorrry of our hoter roonsand new condonlnlums, l! has ocher lnherenc probllms chat would nake 1tunsulcable as restaurant space. rn addltlon, rhe local liquor llcenslng authorlty has found (in 1976)that there rras no need to servrce the ielghborhood ulth a lrquor rtcenseln a -bulldlng that already contalns 2 restauran! rrquor r.lcenses and hasan addltl0nal two on the prernises of the valr vlIlaje rnn, as well astwo more across the s.ree. a! the Bavarla House and swiss charet. rt would be our lnten! to oppoee the grantrng of a lrquor l{cense inthat locatlon. our pos{tlon 1n trylng Eo protect the peacenocet guea t s. Anbrosla - Alpenrose - Postiets - Vall Liquor Licenslng Authorlty 100 East Meadow Drive Vail, Colorado 81657 (303) 476-5622 tL' e0ilD0HiN llfl/Tqlr-NH0usE PLAT ft EV I[w APPLICAITT dfn AODRTSS L,ft &e*r (rte,o. dr* {fra;'tee.C:.,Fa-acl puoric )4g. ftAr,rl 0F AppL rcArT' s REpREsEn TA I rvE_-fu_jfm* #-?*, FTAILING ADORESS &t, t/tiT- f,:f5 F!:r--,I fl.l{At'lE 0F I'IAILING,/? ? PHONE c. NAfit 0F 0l{l{[R ',5 I4AILII{O PROPtRiy 0!.,r{ 5I6t{AT ADDRISS t or tlFe)s{/at . (nro (. F. pggxg lo3-L1t-tt,,+ 1///eQ Co ftiznz- el evatlonseir spacas the sahe to assure that then€ owned areas. Subdlvi:ion. Regul ailons. plat sopromptly BLoc K 5, s ulr r v i srll *fu-&furl rr{c_ltt__ FEE $1C0,00 PAID I'IATSRIALS TO 8T SUBI,IITTTD 'l' Three (3) copres,..tyg or"!hJ!h-!'1gt.be oyrars of a slre nap folror+ins thanqurremenrs of Sectlon tz.16.t30lc) l,i',iiqieii,[,iji0,il, r3 and l4 ofthe Svbd{v'lrfon Regulrtfons , ----'-' 2' The cendomrnr* 1: townhouee plat shal? rrso incrud* floor Flans,and croes-$ec t i.n.s. r: n.cessa ry' io-iicura ter y detenir i ne r nd rf f,Jua lil'{f,i l;iil,:i'iiitr t pi i"o- ii' *'. iioj..i -*i s -6,i i i i' !',ri f,, i i i iiy l_tott.1f _the ccndorrinfun documents fon strff psyi**ar€ maintenance provfstons tnitul;i ;;; ;ii';offi;ii E. APFROVAL PROCTSS, RTVIEI.J CRITIRIA Thers can be found ln Chapter .|7.?Z of the I{. FILII{G A$ID RECOROINC The ton{ng adnrn{rtrrior shrlr ue-the-final slgnature required orr thethat the Deprrtment of Cotrrrunlti-Developnrent wil,l be responsible for_ "egg*Jg tle approved prar wtii ;h;-i;;fi"io,jiiy li*i-i onc Recorder.' :- -: -'=::-t': '-7.*s=*-:_._- D, LocATl0f{ LoT,p_ OF FROPOSAL E, APPLICATION FOR ^7/fl o TO: Planning and Environmental Commission FROlil: DATE: II. Conrnunity Development Department September 26, l-989 suB.TEcr: A request to amend speciar Developrnent District No. 6 inorder to amend the total gross resident,ial floor area that ispennitted to be constructed within the district.Applicant: BSC of Vait, Colorado, fncorporated r. PURPOSE OF THE REQUEST The applicant, BSC of Vail , Colorado, requests an amendment toSpecial Developnent District No. 6 in order to amend the totalgross residential floor area that is perrnitted to be constructedin the district. SDD No. 6 currently allows the total GRFA ofl-20,600 square feet to be constructed within the district, all ofwhich is either constructed or proposed to be constructed withinfuture phases of the developnent. ffi,r The applicant's request in this amendment is to al1ow anadditional 5,71-4 square feet of GRFA to be added to SDD No. 6.This amendment would allow the applicant to convert existingcommercial space, which is primarily second and third floor, toresidential use. The appticantrs reason for the reguest is theguestionable viability of second and third floor re€ai} space.The subject space referred to is unit #30 of the VaiI VillagePlaza Condominiums. Unit #30 is comprised of two units previously numbered 30 and 32 and now cornbined into one unit. These unitswere previously designated within the condorninium declaration asoffice or commercial use and tbe space is currently occupied bythe Goods Retail Clothing Store. The owners of this space havereceli-ed the necessary approvals from the other or,\rners within thebuilding to amend the declaration in order to allow the use of thespace for dwelling and lodging purposes. If this proposed amendrnent is approved, the total GRFA permittedwithin SDD No. 6 would be L26r314 square feet. fhis proposal doesnot change the existing requirement that a minimum of L48accommodation units and 67 t367 square feet of GRFA be devoted toaccommodation units in phase IV and phase V of SDD No. 6 The 5r4L7 square feet that is being requested includes theexisting square footage of condominiun unit #30, as well as analLowance for square footage that courd potentially be added. inthe condorninium unit #30 space, without -hanging the exterior ofthe.building. This space could be added Uy Uuifaing lofts andinfilling areas that are open to a two stoiy space. COMPARTSON OF THE AMENDMENT TO THE UNDERLYING ZONE DISTRTCT For Special Devel.opment District No. 6, the Pub1ic AccomrnodationDistrict is the underlying zone districL. Public Acconrnodatj-on zoningwould allow approximately L2O,OOO square feet of GRFA on this site. III. SPECIAL DEVELOPMENT DTSTRICT DESTGN CRITERIA rt shal.l be the burden of the applicant to dernonstrate thatsubnittal material and the proposed developrnent plan conply witheach of the following standards or to dernonstrate that one or moreof them are not applicable or that a practical sotution consistentwith the public interest has been achieved. A. DESIGN COMPATIBILITY AND SENSITTVITY TO THE IMMEDIATE ENVTRONMENT, NETGHBORHOOD AND ADJACENT PROPERTIES REI.,ATIVE TO ARCHTTECTURAL DESIGN, SCALE, BULK, BUILDING HEIGHT, BUFFER ZONES, IDENTITY, CHARACTER, VISUAL INTEGRITY AND ORIENTATION. There are very lirnited design issues related to thisproposal . By changing the use of the existing coods retailstore to residentiat, there is virtually no elimination offirst froor retail space. The staircase that accesses thisspace does contain a display window. The applicant hasproposed to maintain this display window and alLow it to beused by the adjacent retail space, now occupied by VailVillage Inn Sports. Although the entry may be chinged aspart of a future proposal to remodel the condominium space,it is assumed that any design issues can be reviewed anddealt with by the Design Review Board regarding changes tothe street level . rf this conversion were to utilize some of the GRFA that isproposed but unbuilt in SDD No. 6, it is possible that therewould be a minor design inpact on those future phases.Exactly what that impact would. be and whether it wouLd bepositive or negative is impossible to deterrnj-ne through thisproposal . B. USES, ACTIVITY AND DENSITY WHICH PROVTDE A COMPATIBLE, EFFICIENT AND WORKABLE REI.,ATTONSHIP WITH SURROUNDING USES ANDACTIVITY. SDD No. 6 provides a mix of uses which is efficient andworkable with the surrounding: area. SDD No. 6 containsretail stores, restaurants, condorninium units, as well asshort tern accommodation units. ft is a goal of theDepartment of comnunity Development and is stated in the LandUse PIan as well as the Vait Village Master plan, that oneway to strengthen and continue the existing vilrage core isto encourage both high guarity retail and i short-term bedbase. While I^Ie are sornewhat disappointed to see this retailspace elirninated, rue understand the difficulties insupporting second and third floor retair within this part ofthe Village. we do feel that the proposed dwer.ring uiritshoul-d be utilized primarily for tourLst-oriented - accommodations and, thus, should be restricted according toSection t7.26.025 of the Town of Vail SubdivisionRegulations. s c. D. COMPLTANCE WITH PARKING AND IOADTNG REQUIREMENTS AS OUTLINEDIN SECTION 18.52. Parking and loading standards for residential use areplgnificantly lower than for a retail store of this size. I Parking for this retail space has been accomrnodated within i the parking requirements for SDD No.6 and the staff sees no \rroblem with the parking and loading requirements with therespect to this application., /1- h nzsvy Jr r\,q sr"". A ln* l/t// rllltr pr*: CONFORMITY WITH APPLICABI,E ELEMENTS OFAflHE VAIL COMPREHENSIVE PI,AN, TOIiIN POLICIES AND URBAN DESIGN PI,ANS. The following sections of the Town of Vail Land Use Planrelate to this proposal: VilIaqe Core,/Lionshead 4.2 Increased density in the Core areas is acceptable solong as the existing character of each area is preserved through irnplementation of the Urban Design Guide Plan and the Vail Village Master plan. E. IDENTIFICATION AND MITIGATION OF NATURAL AND/OR GEOLOGIC HAZARDS THAT AFFECT THE PROPERTY UPON WHICH THE SPECIAL DEVEIOPMENT DISTRICT IS PROPOSED. No hazards are present or effect this property. F. SITE PI.,AN, BUILDING DESIGN AND LOCATION, AND OPEN SPACE PROVISIONS DESTGNED TO PRODUCE A FUNCTIONAL DEVELOPMENT RESPONSTVE AND SENSITIVE TO NATURAL FEATURES, VEGETATION AND OVERALL AESTHETIC QUALITY OF THE COMMUNITY. The staff's opinion is that there is very little impact uponthis proposal. There is very little physical change thatwould occur in a conversion of this space from retail toresidential . G. A CTRCUI,ATION SYSTEM DESIGNED FOR BOTH VEHICLES AND PEDESTRTANS ADDRESSING ON AND OFF SITE TRAFFIC CIRCUI.,ATION. The existing circulation system which accesses thisparticular condominium unit will remain essentially the same,although it is possible that a remodel may occur and willgive this area a more residential feel . We believe any issues that rnay be raised by this future remodel may be addressed by the Design Review Board. te1bientl H. FUNCTIONAL AND AESTHETIC I.,,ANDSCAPING AND OPEN SPACE IN ORDER TO OPTIMTZE AND IMPROVE NATURAL FEATURES, RECREATTON, VIEWS AND FUNCTIONS. There is no landscaping or open space proposed for thisdevelopment, nor does the staff feel that is appropriate torequest any. I. PHASTNG PI,AN OR SUBDIVISION PI,AN THAT WILL MATNTAIN A WORKABLE, FUNCTIONAL AND EFFICTENT REI,ATIONSHIP THROUGHOUT THE DEVELOPMENT OF THE SPECIAL DEVELOPMENT DTSTRICT. We do not feel that this criteria is applicable to thisapplication. IV. ENVIRON},IENTAL TMPACT REPORT The staff has waived the requirement for an environmental impactreport on this proposal . V. STAFF RECOMMENDATTON The staff recommendation for this request is for approval with thefollowing two conditions: That Special Development District No. 6 be amended by addinga total of 3,927 square feet to the existing allowance ofl-20,600 square feet. The 3,927 sEeare foot figure is therexisting sguare footage of condourinium unit #30. The staff I feels that the existing square footage is sufficient for a I successful conversion from retail to residential and that th !request for an additionaL L,787 square feet which rnay be I added to unit #30 in the future, is extraneous and above andpeyond what is reguired for this conversion. That this unit be use restricted, according to SectionL7.26.075 of the Town of Vail Subdivision Regulations. l4ewz> 3 ?*tzt*,4,' .'rt'',lt €-.5 5/-at-t H t D€^/f/r-,,,1t7) / z"ct-tz-.,ve 1 / Tl{ t/ttpe-Ei7zan? //,t .-r*?, if-Lo,trt+6 / €3tfv,,4vrtO /+F /,4r,,r ;*a ,,tr/t-? 6re.4re'A f,fu1L-elal$ /t'Z*tt7" /s /'tye-r . i7r<}tz,ztoJ7"4nrJ a-p- /k€{ /,/"+4 b"41,c5 'a-ilR-z-, r,t:".: l'a-:, r// Z-€e . 1. 2. O/rnr€ /ry .fi,i-t tM,q^)c6' PUBLIC NOTICE NOTICE IS HEREBY GMN tbat the Planning and Environrnental Comrnission of the Town of VaiI will hold a public hearing in accordance with Section 18.66.060 of the municipal code of the Town of Vail on September 25, 1989 at 3:OO PM in the Town of Vail Municipal Building. Consideration of: l-. A request to amend the Subdivision Regulations to create a single Farnily subdivision process. Applicant: Town of Vail A request to amend the Sign Code to allow for the addition of the Arterial Business District into the Comrnercial core Iff sign category. plicant: 2. equest Commercial Town of VaiI to amend the Zoning Code to clarify the use of ski Storage in CommercLal Core I and Conmercial Core 5. II basement level . Applicants Town of Vail request to amend Special Development District No. 6 (wI) to increase the gross residential floor area by 6oo0 square feet. Applicant: Bsc of Colorado. Inc. A request for a variance fron the maxirnum waII height in the front setback on Lots 5 and 5, Block 7, Vail Village First FiIing. Applicant: Ron Byrne 5. A request for a Conditional Use permit to allow for a dinner theater at Crossroads, Lot P, Block 5-D, Tract C, Vail Village First Filing. Applicant: club Majiks A request for a side setback variance for a roof overhang at the Wiltows Condouriniums, Lot 8, Block 6, Vail ViIIage First Filing. Applicant: Willows Condorniniurn Association 7. W;U,!. -+" oC'1 p"*f - trw,Leh qh 8. A request for a front setback variance and a conmon area variance for a new entry and elevator at Riva Ridge South, on r-c.t' 7, Block 6, Vail Village FLrst Filing. Applicant: RLva Ridge South CondoniniunE TOWN OF VATI, COMMT'NITY DEVEI{'PI,IENT DEPARII.IENT Published in the VaiI Trail on September 8, 1989. M1 PETER JAMAR ASSOCIATES, tNC. PLANNING. IJEVELOI'T/]ENT ANALYS S, RESEARCH TO3 FROM: DATE: RE! !,IEMORANDI'U TOWN OF VAIL PETER JAI.{AR AUGUST 29, 1989 AUENDMENT TO SPECIAL DEVEI€PUENT DISTRICT #6,VAIL VILI,AGE INN PURPOSE OF THE REOUEST: The applicant, BSC of Vail , Colorado, requests an amendment toSpecial Development District #6 Ln order to arnend the total crossResidentiar Floor Area (GRFA) that is pemitted to be constructedwithin the District. The amendment would allow the applicant toconvert existing commercial space which is prirnarily on thesecond floor to residential use. The applicantrs reason for thereguest is the questionable viability of second and third floorretail space and the feeling that the space is more viabl_e as aresidential dwelling unit. EXISTING CONDITIONS: The subject space is referred to as Unit 30 of the Vail VillagePraza condoniniuns which is included within speciar DeveloprnentDistrict #e (sDD#6). Unit 30 is conprisLd of two unitspreviously nunbered 30 and 32 and now colnbined into one unit.The units were previously designated within the CondominiumDecLaration for VaiI Village plaza Condoniniums as office orcomnercial use and is currently occupied by the Goods retailclothing store. The owners of the space have received thenecessary approval frorn the other ohrners within the building to arnend the Declaration in order to allow the use of the space fordwelling and lodging purposes (copy attached). Suile 308, Varl National Bank Bullding f08 South Fronlage Road West . Varl, Colorado 8165/ . (303) 416 7154 Menorandum Bown of Vail August 29, 1989 Page 2 THE PROPOSED AMENDMENT: SDD#6 currently allows a totat GRFAconstructed within the District,of 120,60Of sguare feet to beall of which is either requlre any constructed or proposed to be constructed within future phases ofthe development. Tn order for the space within Unit #30 to beutilized as residential , the total amount of GRFA pernitted in SDD#6 needs to be amended. The applicants propose, therefore, to amend the total GRFA peralitted in the District to L26,3L4. The proposal should not result in any adverse impacts to theSpecial DeveJ-opment District, the surrounding neigtrlorhood, orthe community since it is currently constructed spice. parking requirernents for one dwelling unit will be nuch le-F than for theexisting space utilized as retail . Pl-ease let me know if you have any questions oradditional information. 5r,'] F l"1.r.-sl4.. ( i . \i-_t or epCbafion APPLICAIIT' S REPRESSNTATIVE Peter Jamar 108 S. Trontage Rd. West, Vail, C0 81657 Date August 25, 1989 APPLICATION FORM FOR SPECIAI DEVELOPMENT DISTRICT DEI/EIOPMENB PLAI{ I. This proced,ure is required for any project that would go throughthe Special Development District Procedure. The application wiLt not be accepted until all informati.on is submitted, A. NAI,IE OB' AppLICAhIT BSC of Co1-orado, Inc./Frank Cieero ADDRESS 200 East Randolph Drive, Chicago, IL 60601 pHONE 312-861-2000 B. NAME OF ADDRESS pHONE 476-7154 /sc //il,L JbdaK@ D. AUTHORIZATION OF PROPERTY srcNAruRE 0, )*a Cr*/-JA -6,(.LA ADDRESS 200 East Randol-ph Dr , Chicago, IL 6060f pHONE 312-861-2000 I,OCATION OF PROPOSAT ADDRESS Vail Village Inn/Soo//6 LEGAL DESCRIPTION E. FEE $100.00 F'. A List of the name of owners of Subject property and their miling aM'Ht6t*,,dbilf",".,tTr lrr, - : all property adjacent to the a.ddresses. II. Four (4) copies of the following information: A. Detailed written/graphic description of proposal ..B. An environmental impact report shALf'.be submitted to the zoningadministrator in accordance with Chapter 18.56 hereof unless waivedby Section 18.55.030, exempt projects; C, An open space and recreational plan sufficient to meet the demands generated by the development without undue burden on availableor proposed public facilities; (0vER) MEMORANDUM April 18, 1984 P'l anning and Environmental Commission e( two phases so they can be TO: FROM: SUBJECT: Community Development Department Pub'l ic.hearing and consideration of a request for minorsuDorvrs'lon 0f Lot 0, B'lock s-D of vail Vil'lage First Filing.Applicants: Va.i1 Village Inn, Inc. and JAMM [td. THE REQUEST Requested is a minor subdivision for Lot 0 of Block 5-D of vail village Firstfilins, The request is to take ttre'eiiittng phases i inJ'Ii which contain 9pproximately 13,3.l5- square feet of residential use and-iour units and22,601 .square fe6t of cdmmerciar use. phases i uno-ri'woria .oniiin-aiproxr-mateiv 28't$l square-feet of rand. The phases-ar"-piri-oi-it," vuii viriii.-in"Special Oevelopment District #6. Ili.lurnor" of the request is to subd.ivide off these RECOMMENDATION The Community.Development Department recommends approval ofrequest. Conditions of apprbval are noied below:" l. That a revocable. right of way permit be applied for,there are no prob'teris, approiel-6erore st!hins-oi-ih.Alpenrose outiide aeci i!'on Easi-ueaao* Drive. the minor subdivision reviewed, and ifplat. Part of the Attorney #6 of* 2,I!g!_!gI!ilLagreement be reviewed and roved b the Town Di str II-wil'l be-provided The agFeEnre-nT-u slate tnat required parking fo Special Development District within Ph within Vail. users nesses acceptable to the Town of {99' that olvners and tenants ullJ:_.c.an use the parkin spaces 3' The cross easements for_us_e by owners and pedestrians must be providedto insure the entire soo funci'ion'us on" pi'ojeci.'-i[it should be reviewedand approved .by the-row. ntlo.r.v. NOTE: Phases I and II have been constructed as to plans approved by lhe Townof Vail under-Special .Deveiopq"ni-riistii.i-,+8,-l"a"[f,er:e is noadditional gross residential'rioor area or commercia] space ronaining. .t ,rt DECLARATION CONCERNING PARKING WITI{IN WHEREAST Declarant hasfor a rninor subdivision of a reguest,ed approval of thepart, of Lot Or Block 5-D ofconstitutes the SD6 zone or{ir:t.Filing, which properryorstrj.ct,, to subdivide said Town of VaiIVail VilJ.age development nPar ce separate rom t o r'W SPECIAIJ DEVEIOPMENT DISTRICT 6 THrs DECLAaATToN is nade and entered into this 6th day of{91I' }9!a UV VAIL VILLAGE INN, INc., a Colorado Corporarionr andJAMM' trD., a Partnership (together hereinafter reteirea to as"Declarant n ) WHEREAS, ordinance No. 7e series of 1976 estabrished speciarDevelopnent District.G ('rsDdn) pursuant t,o the zoning ordinance of theTown of vailr colorado, for the-purpose of ensuring tbe unifled andcoordi.nated development and use 6t irrat "it" *il[in the Town of vairbeing a part of LoL o, Block 5-D of vair tilrigu--Fir"t Firingr whichis conrnonly known as the vait village rnn; ;;e"- '--^":" 'r'r! WHEREAS' said ordinance treats the entire properry as a wholein regard to the parking reeuiiurlnt"-oi--io;;-;;; WHEREAS' the above menrioned ordinance establishing sD6recognizes and anticipates that, the developrn.rri-oi sD6 yriLl be done inphasesi and WHEREAS, the proposed development, pran as referred to in saidordinance has contenpra-tea thai "rr-puiiiig-i"q"iied for thedevelopmenr of sD6 ba conrai;;J "itti."-t["-pti3."-or vai]. vil]age rnndenominated as phase III, phase iv and phasi v;-inA WHEREAS,thee Inn st I and II ofthe vail viLla when considered sase rate r ustness and res ent,ial un users ofn said Phases f and ffln NOW' THEREFORE, it is agreed as follows: WHEREAS' phase rrr of the vair. _virlage rnn deveropment withinsD6 has been previousry iuuaiviJ.a and whicfr pr,i". provides partiarryfor the parking requiriments-wiitrin SDG; and WHEREAST Declarant,. is present,Ly the owner of. aLL propertycomprising the existing prriiei-i, rr, rv and v of rhe vail viLLage rnn(SD5) development; and- WHEREAS' the Declarant desires to crarify and give notice topresent and fut,ure owners of parcels or propeiii "i*,in-ioi-""il"iiingparking obligations and righti within said district. ropert hat the existin Phases I ande Vail V l.l-aqe develo ent wou ega-Lrye rematncler of the propeiEy;-En oes not ail l. Declarant as the presen! ovrner of that portion of the ',( described property whicb'comprises Phases IV and V ("parcel the VaiI Village Inn deveLoprnent plan for SD5, acknowledges II") of and agreesparking be binding upon the that any additional parking required to satisfy the overiJ_Irequi?Ern€ilF-fEilEFE rict under the deveLopnren ent. plan. 9f Phases_ IV_ and Vr-Inn. such additional L...4boye wiII provide operE within Phases entia n ases:.I ,ano.It. s ave:h rovon . tnose.con st,abI OWne!:'.pr.' Owners of Phases V and ch use shall nots unreasonably Iimitation, _ the Etgnt tp: pharge r: fee for the use of such SDAC€: Of SPdC€S. 3,.....Ihe provisions af. this. Declaration shal_l be deemed realcovenantsr shal1::run with the. l-and, and shall benefit and burden rherespective parcels described herein. ng '4...-.,.Ihe provisions of this. Declaration shalLDeCIarAnti' its. _sUcge.ss.orsr .4sslgns. gnq transf erees.. ::::-. .'. --.:..- i..:,-. :.IC" 3_'i cl,t.rr: ,..:: : --::: :: 5. -. The. prpvisioni br itril. b.liaiation' ihatl' not. be amended rqitho.ut. the prior written- consen! of. tre*Toirn bt vailr a municipal-corporation, which consent shaLl_not'be unreaionably withheld. ' | -- . . -.- a - VAIL VILLAGE INN' INC. ' a Colorado Corporation .i..., ! s:- - -.! -._ .. By: JAMM, LTD.' a partnership r esident eneral, Partner I r'a (f srATE-oF (aloradol rN THE couNTy oF t adl. 4?y; n, re84 uy]ffir-uFr,,o, STATE gp Col-orado) :.. . cr. :ir-'-1tlr.'.'. :..-.... ) =SS : . COUNTY:OF Eaptle-.) .::- :_- Josbf Staufer, its presidentl COUNTY , lt, A: (lualn A. /t:ttdNotary Rhonda L. pebtit Address: Box i?4-ii75? Jacigebbitcsz Edwards, CO gl6jz i;uty ,1.994Par tyr ar OF Easl-e by JAi;ii.i, LTD., a n .. Ktte*d-o-!!,. Pffi-Notary .Rhoncia L. rectii'--- Address: lox 374-;i257 Jac<rabbitCSZ Edl'rards, C0 gi 5je ( SUBDIVISIONS Chaprer t7.22 CONDOMIn-lUM AND TOWNHOUSE PLATS Sections: 17.22.010 Condominium and lownhouse plats - General. 17.22,030 Condominium and ron.nhouse plals - Submitral requirements. Condominium or lovtnhouse - Plat procedure. Dedications. Zoning administrator decision - Appeal. Filing and recording. t 7.22.050 17.22.060 l7 -22.070 r7.22.090 17.22.0t0 Condominium and townhouse plats - General. Condominium and lownhouse plats which do not constrtutc conversions from rental as defined in Section 17.26.020C of rhe Vail M unicipal Code mav be approved by rhe zoning ad minist ra- tor, subject to deparrmenr of pu blic works review. The plat will be reviewed under trvo general criteria: A. Zoning administrator will check to make sure the buildinss ard other improvemenrs were built as per appr()ved plan 6y the design review board of rhe rown lor consislency with thi zoning codc and orher applicable regularions:B Thc rorr.n t'ngineer u ill rerieu,rhesunel.daraforcompliance wirh requiremenrs found in Secrion 17.j6. 1.10C. (ord. 2( l9tl3 .\ I (parr).) | 7.22.030 Condominium and townhouse plars - Submittal requirements. The plat shall includc a sire ntap following thc rcquirernents tlf Section 17.16. llOC. l. 2. -1.4. 6. 7. 8. 9, 10. I l, Ii. and 14 alonr with the signature of the <rs.ncr. The cond onrinium or townhousi plat shall also include floor p llns, elevations and cross-\ccrions a:, necessar)'lo accurut!.1.\ dctcrnrine individual air spaces and.or other owncrships and if rhe project u.as huilr subsranrialll, thc same as thc tpprovcd pluns. Also required to be subnrirred is a copy of the condominium docurnents lor statT rcvicw ro assurc that therc are maintenance pror.isions inctuded for allcomnronlr._ owned arcas. Also, building localions musr be inctuded and riid (r'dl r3.6n) 294 ( et @ *_,_; \ '(CONDOiUINIUM AND TOWNHOUSE PLATS to propen]' corners u,irh.disrances and angles. Building dimcn_sions musr be shown ro the nearest tenth oT a foot. All lropertypins must be found or set and stated as such on map.'Thisubmitral shall be made to rhe deparrmcnt of cornmunlil,development on a form providcd b1- the zoning administrator andsnall lnctuoe a certlttcate tas found in the appendix of this :1."^el:1 on rhe plar l'or zoning adminisrraror approval. (Ord.2(1983$ | (parr).) 17.22.050 Condominium or townhouse _ plaf procedure. Upon re-ceiving two copies^of a complete submirtat along wirhpayment of rhe appropriare fee. rhe zoning administraror shalrroute one cop) of the site map lo the town engineer for his review.The zoning administrator shall then cond-ucr hii ,eui.* con_currently. The town engineer shall review the submirfal andreturn comments and notifications to the zoning administratorwho shall rransmil rhe approval- disapprovat oi approval with lodifications of the ptaiwithin fourtien days ro tiri applicanr. r ne zontng admlnrstrator shall sign the plat if approved orrequire modifications on.rhe plar foi approi.al or deny approval due to inconsistencies with rhi originally approved plan oi iailureto make orher required mod ifications on ttre plat. 1Ord. 2( t9g3 g i(part).) 17.22.060 Dedications. lf a condominium or tou nhouse plat proposes dedications tothe rown, rhe marrer shall be broughi in fioni ofthe council [or adecision o.n acceptance. lf accepted. there shall be a certificate L:I."Ipl. i" .p.pj"|iilj:.r acceprance of rhe dedicareA prope rtyD]'lhe mayor. (Ord. 2(1983 g I (parr).) 17.22.070 Zoning administrator decision _ Appeal.The decision of rhe zoning adminislrator may Ue appealedfollowing the proced ures of Sei ion f t.OO.OiO "iif,l, zoning code.(Ord. 2(1983 5\ | (part).) {' @ t 295 (vdr r3.8lt) 1 ( SUBDIVISIONS t7.22.090 Filing and recording. The zoning administrator shall be the linal signarure requirr.d on the plat so lhat rhe departmenr of communiry development will record the plat r.r.ith the Eagle County clerk and recorder. 'l'he department of communitv development will retain one mvlar copy'of the plat for their rccords and will record the rcmarnins mylar copl . Sectionsl t?.2{.0t 0 r7.2.t.030 t7.24.050 17.24.080 l?.24.100 17.2{.1r 0 Chapter t7.2;t DUPLEX SUBDIVISIONS Duplex subdivisions - Required Approval. Duplex subdivisions - Subnrittal requirements. Duplex subdivisions - Procedure, Criteria for review. Appeal of zoning administrator's decision. Filing and recording. 17.24.010 Duplex subdivisions - Required approval. A resubdivision of an impror.ed duplex lot and srructure will require tou n of Vail approval throuqh rhe zoning adnrinislrator. No duplcr subdivision shall bc approred unlcss the lotr arc improved with at least foundations for both units existinc ar the tirne of subnrirral. (Ord. 2( lqS-1 \s I (pilrt).) 17.21.0-10 Duplex subdilisions - Subrnittal requiremcnts, A. Two nlvlarcopics of rhc duplex subdir.ision shall bc subnrirrcd lo the department of conlmunitv de vclopmcnt. The plat shall includr. l sitL' rn p lollou ing the requircnrent of Sectitrrr 17.21.030. The plar musr conrain rhe follou rng sratenrcnr: "For zoning purposes. the lu'o lots crcatcd bl this subdir is ion are to be treate d as one enril! with no more than onc r\t o- tamilv residence ulloued on ihc cornbined area of the two lots." T he state mcnt nlust bc modifie d as to thc numbcr of parcels proPoscd. B. A copy ol the dcclararions and (rr covenitnts a ched to thc eL @ (vdl 5.:t.13)296 Tql' hry'r Peter Patten Town P lanner Town of Vail 1309 Vail Valley Drive Vai l, Colorado 81657 Dea r l,'lr . Pa t ten : This letter is to advise you of our dissatisfaction with your possible decision to change the zoning in the space now occupied by G00DS from comme rc i a I ,/ r e ta i I to a condominium. My feeling is, being out of town owners., the concern over marketing and making the space work was left to managers, and I am sure you are aware that does not have the same impact as an owner residing in Vail Prior to G00DS moving in, Keith from Ralph Lauren/Polo occupied the space successfully for several years, and Nancy from Tezla also occupied her space successfully for several years. Not to mention that TOTAL BEAUTY CENTRE has been in their retail space since 1979, and being a retail and service outlet, the location and entrance situation has been a lot more difficult to overcome, and yet we have a very successful operation. I hope you wil l take the above comments into consideration before making a decision. Please feel free to call me to discuss this matter. Thank you, Brenda Le G range Owner OLtr lm S i nce rel y, Vail Village Inn Plaza, Vail. CO 81657 13031476-5937 ,t Qq_nvz CIZ,lEt-ofinn6^JT gowrPa*y - Lze P4+4n?" )7F tr?t9 h)zNoe- 1 SorTa .q goDuoUL)Ce @*7 giN?E-t -T<>.tVAIL Vtu-az,a lnJt..) : - yAf L d.<TaL.r.r.vr - U?z 9<, tlZct*t> g J.C.C , fq7r6424 L,r,.4 rT1:2 t4+ t4f h..a-.tae.. er?tr)tL Ybg St^,r rT?-/, fcestct,oT r CvC.C+1 GcQt CopOoFt-., flb A'€ ..EreE rSoy -Ioo f-vtpt-tz.*N r@ ef'y(31V/Y,(c , Lo BfasT LDT T 19tac< 5-c - loxttogd *r+ Frzo?vtzrz9r rrS., Zo Vatc (bAo VArv ,o eESl LoT H, GteR €e fr0-ig\^/o.-) bpo out Ntowl 6z E. Wqna"c friv2 . V*tt-, co glgsl Sorsloel]r'At-P TAtj9h4e^l Agsr.atr<no4 (orsav:1,v11611-;,'w$ *ca\to Frcltsl ,,Awtp Ol(- b, S. O*€!rH, t grrTz q Bectr 5 D fttl l(? .F' ?)-.tt-z q c aa {Pr .. b ,r/*u lewrrl o? U.-r.- tq It AP,4, 6 , tnftgTWriT A'"/o 6.e.e,c, gizY Btog 9fu,ntuLD, CfI tNc. eto+ !tt-l'r*-;-' t O\D ghet r9l P I.,AZA CONDO]'TI N I UI'{SVAII. VILLAGI- 1. Definitions. As otherwise expreFlllffifiied : COIIDO],iT. I' I iJ}1 DECl,ARATIOI] 2964I I -4oo' ,r",;,-&O&'' J0lllllirT":: illlLLlPs EACLT C l !. i']FCfrl'r'; ; ']rv 13 4 ls Fll 'B{ I'XCITALS !'&LVAILVILLAGEI'ARTNERSIiIP,aColoradogeneral partnership (,'Declarant"), is the ordner of che real_property interests bituare in tire County of Eagle, State of Colorado', described in Exhibii A agtached tterec5 and made a part hereof' Declarant desires to establish a condominium.projecE, under the Condo*ini.t* gwnershi.p Act of Colorado ("the Act") and co define the ehara.-ut, duratiorr, righEs, obligations and iislitations of condominium ownershlp. Buildings and related improvements have been constrtlcLed iln the real property interesE J"l"iiUua in Exhibit A, which buildings and improvements snalr "o""i"t of separu;;iy--e.;ig""t"a cond[minium units. A condominium ,"p-rirr-b"-iLi;e-;[6ri"; Eh" lo"*rion of said buildings and improvements on the real"propeity interests, which is hereby made sub5ect to this Declaration. Declaranf does hereby establish a plan for the ownership of real property-""t"t"" in fel sinple. consisting of the air spaee contained in ealh of the units in the buildings and the "o-o*.rsttip, by th. i"ai"iaual and separate owners thereof , as tenants in tormrbn, of all of the rernaining real property inEeresEs. DECLARATION Declarant does hereby subject the real proPerEy r a. -!-inEerests described in Exhibit A to this DeclaraEj.on and Publlsn ind decLare that the following terms, covenants,-conditions' easements, rescrictions, usesl reservaEions, limitations and oUiieations shall be deemed to run with such land, shall be a burdEn and a benefif to Declarant, iEs successors ancl .assagns anq anv Derson acquiring or owning an inEerest in the real ProPerEy ilL";;;;;';hi;h-i;--3'-u""o*ei"subject Eo this Declaration and il;;;;;;"lt-u"iii it"t"ot, their granEees' successors' heirs' pelsonal rePresenEatives, devisees or assigns ' used in this Declaration, unless (a) "Unit" means an individual air.sPace Y"lt -contained htiEhin the perirneEer walls, floors,- ceilings' srindows ;e-e;;;; oi-a unic iir a building construcged on real proPerty f.:ih rl Lra -' (d7 Any qontract of sale, dn, lease, deed oftrust, mortgage, will or other instrument affecting a condominium uniE rnay deGcrlbe it by its uniE nuuber as shown on EIle MaP, followed by the name of the condominium uniEs and reference to this Declaration and to the IIap. (d) Declarant shall give wriEten notice to Ehe assessor of Eagle County, Colorado, in the manner provided in.-uhe Act, so Ehat eich condoirinium unit will be separately assessed and Eaxed. (e) Notwithdtanding anything contained herein to the contrary, Declarant reserves unto itself and the successor orrners, to be held by Declarant or any other person or eltity at any tirne owning a unit, the right, wiEhout the consent of any other oldner or the Association, to combine, divide or partition such uniE or.units to creaEe sPaces either larger or smaller than such unit or'units as shown on-the Map for the purposes of using, conveyancing or leasing; provided, however, (i) that the owner doing-such combining, dividing or partitioning obtains, at his sole-cost and.expenie, all required governtrental approvals including, but not lirnited to, subdivision approval and issuance of a building pernit and a final cerEificate of occupancy for all work perform6d- in such combination, dividing or partitioning, (ii) EhaE the integrity of all cogunon elemengs servicing any- other part or the remaining iart of the building in which such combined, divided or partitioned units are located are properly,- safely and reasonably protected at the sole cost and expense of Ehe owner doing such Lornbining, dividing or parcitioning, (iii) EhaE no chan[es or modificaEions are made Lo the exLeriors 9! ?"y of the buildings, (iv) Ehat the exercise of such right shal1 in no way increase or decrease the Percentage ownership in the common elements of, or the perceitage of-common expenses to be paid by' any olimer not involved in such combining, dividing -orpaitirioning, and (v) that the owner doing such combining, -.-iividing or-partitioning sha]I,.aE his sole cosE and expense, file in the iecords of Eagle-County, Colorado, a Supplemental DeclaraEion and a Supplemental llap appropriately allocating undivided percentage- interests in the general cornmon elemenEs to and depicting such-combined, divided oi partitioned unit or units. (f) The condominium units numbered 25, sha1l be used and occupied solely for dwelling or and the condomi.nium uniEs nurnbered I through 24, through 32, inclusive, shall be used and occuPigdoffice or coulmercial purpose, all as permitted by the aopropriate and apolicable qovernmental zoninthe appropriate and applicable governmental zoning 26, 27 and 28 Iodging purposes inclusive, and 29 solely for and subject. to-, ordinances, rules.and regulaEions from time Eo time owner shall .have the right to lease his condominium and usein effeet. An uniL upon such terms and conditions as the or\mer may deern advisable; provided, however, that (i) any such lease shall be in writing and shall FTRST AMENDMENT TO CONDOMTNIUM DECI,ARATTON FOR VAIL VILI.AGE PI,AZA CONDOMINIIN{S RNCITALS L. F & IJ VAIL VfLLAGE PARTNERSHIP, a Colorado generalpartnership caused to be recorded the condominiurn Declaration forvail village Plaza condominiums (the tDeclarationr) on NovernberL9' L984t in Book 40o at Page 2o2 in the real property records inthe office of the clerk and Recorder of Eagle county, cororado. 2. Paragraph L5 of the Declaration provides. in part,the Declaration rnay be arnended ilupon the wiitten approvlf inrecordable forn of the owners of 25& or more of the qeneral conmon elements and 758 of all first lienors....rl 3. The olrners, as defined'in the Declaration, of L00tthe general comnon elements, as defined in the Declaration,all first lienors, as defined in the Declaration, desire tothe Declaration as hereinafter set forth. that of and amend DECI,ARATTON OF AMEND},{ENT The undersigned otrners, who constitute the owners of j_OOt ofthe general cornnon elements, and the undersigned first lienors,who constitute all first lienors, do hereby ionsent and agree toand do hereby amend the Declaration as follows: l-. Subparagraph 2(a) of the Declaration is amended in itsentirety to read as follows: rr(a) The real property is hereby divided into 31condominiun units designated 1 through 31_, inclusive,each consisting of a unit, an undivided interest in thegeneral conmon elements appurtenant to such unit, whichinterest is set forth in nxfriUit B, and the exclusiveor non-exclusive right to use and enjoy limited cornmonelernents, as set forth in Exhibit 8." 2. Subparagraph 2(f) of the Declaration is amended in itsentirety to read as foLlows: "(f) Condominium units 25, 26, 27 and 28 shall beused and occupied solely for dwelling or lodgingpurposes, condominium units 1 through 24, inclusive, 29and 31 shall be used and occupied solely for office or commercial purposes, and condoninium unit 30 shall be --. used and occupied for dwelling, Iodging, office orcornrnercial purposes, all as perrnitted by and subject tothe appropriate and applicable governmental zoning and use ordinances, rures and regulations from time to tirnein effect. An owner shall have the right to lease hiscondoninj-um unit upon such terrns and conditions as theowner may deern advisable; provided, however, that (i)any such lease shall be in writing and shall provide'that the lease is subject to the terms of thisDeclaration, (ii) a condominiurn unit may be leased onlyfor the uses provided hereinabove, and (iii) anyfailure of a lessee to comply with the terms of thisDeclaration, Articles of Incorporation, By1aws or therules of the Association shall be a default under theIease enforceable by the Association.rl 3. Page 1 of 2 of Exhibit B of the Declaration is amended.in its entirety to read as set forth on Schedule I attachedhereto and made a part hereof. As modified herein, the Declaration remains in full forceand effect. IN WITNESS WHEREOF, the undersigned have duly executed thisFirst Arnendment to condominiurn Declaiation effective the firstday of April, l_989. OWNERS: F & L VAIL VILI,AGE PARTNERSHIP, A Colorado genera)- partnership By:SILVERADO CAPITAL RPOMTI0N, a Co Iorado By:TitIE:President BSC OF VArL,. Colorado linited pa .PdD SANDS - Delaware aip By: ,ftelfia,>a 2 Co 1o rado Title:President By: President VAIL VTLLAGE INN, rNC., a Colorado corporation CONTTNENTAL TLLTNOIS NATTONAL BANK AND TRUST COMPANY OF CHTCAGO By: FIRSTBANK OF VAIL Luc H. Meyer h',-z^-L+rra Elizabeth A. Meyer , President President , VieE President AND LOAI{ INSURA}ICE CORPORATION , sAvrNGs AND rpAlr The foregoing instrument was acknowredqed. before rne this /6*day of May , !989, by Frc.nL Cah^paqna Es Specttr.t enpresflFfivq STATE OF COI'NTY OF day of DALLAS of Silverado Investrnent Companf, a Colorado "oiporatiorr.artner of F & L Vail Villase partnershio. Witness my hand and official seal . tl 't/ //./STATE OF ,/ {Zz.a.a<z- /? COUNTY OF //t-z>fr. )) ss: ) )) ss: ) ore me t51se/sf asa oradolinited partnership. Witness rny hand and official seal . / tt - STATE oF #{*z.np ,.) ,4coUNTY oF L;vA_ The oing instrument was acknowled.ged before ne this dE W-itness rny hand , 1989, by Frank Cicero, Jr. and official seal . ublic ssion expires z 9<S-?A. The foregoing instrument was acknowday of t!lu'/ , asss, byl/d./_4tfur4, edqed bef Nbtary Public My connission I Z€,r4.7/ /ftb for Notary Public My conmission STATE OF COUNTY OF C-or-oes,Oo EA tr tE l ) ss: The* foreg_oing instrument was acknowledged before rne this a[lI L989, by Luc H. Meyer. and official seal . My connissi ot fcftr'F*58=6bhtu& lesz- ?.ohrno o|tr couNTY oF EAt"te I ) ss: ) ts\_ COUNTY oF E.,A,trtE ) ) ) Co\or a do ffisratu-fti tRrc ii APPTEOATE ! fu, The foregoing instrurnent aras acknowl-ed.ged before ne tfris l-hf Alr(nrlS-T , l-989, by Elizabeth A. Meyer. my hand and official seal . ?:t'i W.irNotary Public u ss: Mv comrnissiorytilftriffiilpm oenruer g, 1gg2 ?.oh6f6 Y|t o u6$t The. foregoing instrument was acknowledged before me this &hday of dur-v , l_989, by Marylyn E. Han1on. Witness ny hand and official seal . My commission expires: My Commision expires December g, lg92p.0. Bor 666 Vaif, C0 g165g SIL''s-U i APPT.IGATE j^ fu" Notary Pudfi STATE OF COUNTY OF EAt,ue SS: The foregoing instrument was acknowledged before me this z8+hday of , 1989, by Josef Staufer, as presj.dent of STATS- OF COUNTY OF SS: My Comnildrn rq*t! Doccnber g, lg9? P.0. Box 6ff Vail, (} 81658 The foregoing instrument was acknowledqed before me 9"v g{ lfz;4-' r-e8e, bv 4,rvn c /Tbketn<a,tt , as tt.is Zktltne - CompanyPres-i.dehf of Continental fllinois Natidnal Bank and Trustof Chica-go. Witness my hand and official seal . My conmission expires:a/z/tzra STATE oF CcsuoenOO COUNTY OF E AI.TE day of President foregoing instrument was acknowledged before\ruv , 1989, by Y-svru F. lltcOorar-o ,of FirstBank of VaiI. )) ss: ) hand and official seal . rne this ZShas VtC€ e\@\ Notary PublicU My cornmission expires: lly Commision upirs December 8, 1992 ?. O tu 666 HCo U65f 6 Notary Public My conmission expires: 6$,$I.rslh tuf:ls STATE OF TEXAS COUNTY OF ]]ALLAS ) t ) SS: orat e Banking, Savi.ngs and Loan Association. Witness my hand and official seal . r\_rtl>ta-te ot 1"P46 9 Cour.r\ o$ bal,tas \ r t - .l(-. ^-q^f uoa'rt- 7d/uMnrtldqqth''/ r15 ,,^**.- mn./ 4. D. ns1 , bq ') >, ?,'*,,[ ffJ;-ffi 'L ry-' h o''o*:' -b? n qtu ^Jz- u-,i:T^-, ?: *fu' SWlf t H#^ !4furts'3'/r4A srArn op fuad-o ) couNrY or &4<-, I ""'__---v- Witness my hand The Joregolng instrument was , lggg, by ofR S ands and official seal. 7 acknorsled ed bef ore lne exprres: t:ni,s iebfr Delaware Public.r.fy rurJJ.rs / Icommission explres . 7///"/ SCHEDULE I EXHIBIT B (Attached to and made a part of CondoniniumDeclaration for Vail Village plaza Condominiums. ) Interests in General Common Elements Percentage ownership in General Conmon Elenents Appurtenant to the Unitunit l_ 2 3 4 5 6 7 8 9 10- l_L I2 L3 14 L5- 16 L7 l_8 l_9 20 2t 22 23 24 25 26 27 28 2930- 3L 2 -57 0.13 0. L8 0. 1_9 9.69 5.00 3.31 5. l-9 1. 53 4.29 o. l_3 0.41 3.02 L. 40 8.06 1. 63 3.54 5. 36 o. 91 2.68 2.1,5 2.37 5. 51 9.59 3. 69 2.L9 2.OA 2.99 2.5L 9.44 1.t5