HomeMy WebLinkAboutVAIL VILLAGE FILING 1 BLOCK 5B LOT A BELL TOWER CONDO SCHOBER PANO JEWELRY LEGALPlanning and Environmental Commisson
ACTION FORl,l
Department af Community Development
75 south Frontage Road, Vail. Colorado 81657
tel: 970.479.2139 fax:970.479.2452
web: www.vailgov.qom
Project Name: PANO JEWELRY BAY WINDOWS
Proiect Description:
FINAL APROVAL FOR NEW BAY WINDOWS
PEC Number: PEC070048
Action: APPROVED
Date of Approval: 081L312007
Participants:
OWNER STAUFE& HERMANN
PO BOX 5000
VAIL
co 81658-5000
07lrilzoo7
APPUCANT VAG ARCHITECTS-DAVID WIEDER 07 I L7 12007 Phone: 970-949-7034
PO BOX 1734
VAIL
co 81658
ProjectAddress: 201 GORE CREEK DR VAIL Location: 201 GORE CREEK DR UNIT C-5
Legal Description: Lot: Block: Subdivision: BELLTOWER CONDO
Parcel Number: 2101-082-6300-5
Comments: GUNIONRECUSED
BOARD/STAFF ACTION
Motion By:
Second By:
Vote:
Conditions:
KJESBO
CLEVELAND
5-0-1
Cond: 8
(PLAN): No cfranges to these plans may be made without the written consent of Town of
Vail sfaff and/or the appropriate review committee(s),
Cond: 300
PEC approval shall not be not become valid for 20 days following the date of
approval.
Cond: CON0009217
This approval is contingent upon the applicant obtain Town of Vail design review
approval for this proposal,
Cond: CON0009218
The applicant must obtain and execute an encroachment agreement, or similar
agreement as deemed appropriate by the Town Attomey, for the entry feature prior to
application for a building permit
C,ond: CON0009219
The applicant must pay all employee housing mitigation fees prior to the issuance of
a temporary certificate of occupancy.
Planner; Bill Gibson PEC Fee Paidr $650.00
Minor Exterior Alterations or Modifications
Application for Review by the
Planning and Environmental Commission
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2128 f ax: 970.479.2452
web: $at/w.vailoov.com
General Information:
All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a
building permit application. Please refer to the submittal requirements for the particular approval that is requested.
An application for Planning and Environmental Commission review cannot be accepted until all required information
is received by the Community Development Department. The project may also need to be reviewed by the Town
Council and/or the Design Reuew Board.
Type of Application and Fee:
d
ot\t
B
"FCD
E Rezoning $1300tr Major Subdivision $1500E Minor SuMMsion $650I Exemption Plat $650D Minor Amendment to an SDD $1000tr New Special Developrnent Distfict $6000D Mai)r Amendment to an SDD $6000! Major Amendment to an SDD $1250
(n o exteri or modifrca (nn s)
Desqiption of the Request:
Conditional Use Permit
Floodplain l'lodification
Minor Exterior Alteration
Major Exterior Alteration
Develooment Plan
Amendment to a Development Plan
Zoning Code Amendment
Variance
Sign Variance
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D5n
tr
tr
E
tr
D
$6s0
$400
$6s0
$800
$1500
$2s0
$1300
$s00
$200
LocationoftheProposat: Lot: A Bbck: 5b Subdivision:
Physical Address:
Parcel No.: 4 lbl OD2r30Oi (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)
zoning: <otrtnCnrl I C.^,rc t
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Name(s) of owner(s): lt(ftrvr Sh4uttr
Mailing Address:
Owner(s) Signature(s):
Name of Applicant:
Mailing Address:
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MEMORANDUIU
Planning and Environmental Commission
Community Development Department
ft1pr"u.l pa'wzut'
f €{a c6vwuJ ltht p{<t-
?o- t (G,^r,* {,l/rrtd)
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TO:
FROM:
DATE:
SUBJECT:
lt.
August 13,2007
A request for a final review of an exterior alteration, pursuant to Section
'12-78-7, Exterior Alterations or Modifications, Vail Town Code, to allow
for the addition of bay windows, located at 201 Gore Creek Drive (Bell
Tower Building)/Lot A, Block 58, Vail Village Filing 1, and setting forth
details in regard thereto. (PEC07-0048)
Applicant: Herman Staufer, represented by VAg, Inc.
Planner: Bill Gibson
SUMMARY
The applicant, Herman Staufer, represented by VAg, Inc., Architects and
Planners, is requesting approval of an exterior alteration, pursuant to Section 12-
7B-7. Exterior Alterations or Modifications, Vail Town Code, located at 201 Gore
Creek Drive (Bell Tower Building)/Lot A, Block 58, Vail Village Filing 1, and
setting forth details in regard thereto
The purpose of the proposed exterior alteration is to allow for the replacement of
two existing flush store front windows with two store front bay windows at the
Pano Jewelry tenant space located on the first floor level of the Bell Tower
Building. The proposed bay windows will be located on the south side of the
building adjacent to Gore Creek Drive. Staff is recommending approval, with
conditions, of this application subject to the findings and criteria outlined in
Section Vll of this memorandum.
DESCRIPTION OF THE REQUEST
The purpose of the proposed exterior alteration is to allow for the replacement of
two existing flush store front windows with two store front bay windows at the
Pano Jewelry tenant space located on the first floor level of the Bell Tower
Building. The proposed bay windows will be located on the south side of the
building adjacent to Gore Creek Drive. The bay windows will add an additional
24 sq.ft. of "net floor area" (12 sq.ft. for each window) to the retail space.
The south edge of the Bell Tower Building is located within one foot of the
property boundary. The proposed bay windows will extend approximately two
feet from the face of the building; and therefore, encroach one foot into the Gore
Creek Drive Rightof-Way.
1il.
tv.
BACKGROUND
At its August7,2OO7, public hearing, the Vail Town council, acting as the
proferty owner of the Gore Creek Drive Right-of-Way, authorized the applicant to
broceed through the Town's development review process'
APPLICABLE PLANNING DOCUMENTS
Town of Vail Municioat Code' Title 12 Zonina Requlations
chapter 7 - commercial and Business Districts, Article B, commercial core 1
(CCl) District (in Part)
12-7&1: PURPOSE:
The Commercial Corc 1 Distict is intended to provide sifes and to maintain the
unigue character of the Vail Vitlage commercial area, with its mixture of lodges
and commerciat establishments in a predominantly pedestrian environment. The
Commercial Core 1 Distict is intended to ensure adeguate light' air' open space'
and other amenities apprcpriate to the permifted types of buildings and-uses. Ihe
Oistricl regulations in'accordance with the Vail Village Urban Design puide Plan
and Design Considerations prescribe site development- standards that are
intended io ensrre the maintenance and preservation of the tightly clustered
aiiaigements of buildings fronting on pedestrianways and public greenways, and
to eisure continuatioi of the buitding scale and architectural qualities that
distinguish the Village.
12-78-7: EXTERTOR ALTERATTONS OR MODIFICALONS (in part):
A. Subject To Review: The construction of a new buiHing' lhe afteration of an
ixistin'g building which adds or removes any enclosed floor _area, the
atterat'fin of ai existing buitding whbh modffies exterior rooflines, the
replacement of an existing building, the addition of a new outdoor dining deck or
thL modification of an exiiting outdoor dining deck shall be subject to review by
the Planning and Environmental commission (PEC) as follows (in part):
12-7&20: VATLVTLLAGE URBAN DES,GN PLAN (in part):
A. Adoption: The vail vitlage urban Design Guide Plan and design
considerations are adopted for the purposes of maintaining and preserving the
character and vitality oi tne Vait village (CC1) and to guide the future alteration'
change and improvement in CCl district. Coprbs of the Vailvillage design guide
iiin"ana design considerations sia/l be on fite in the depaftment of community
development.
Chapter 11 - Design Review
12-11-1: PURPOSE (in Part):
c. Design Review: Therefore, in order to preserve the natural beauty of the
town ani /s seffrng to protect the welfare of the community, to maintain the
values created in the community, to protect and enhance land and propefty, for
the promotion of health, safety, and general welfare in the communiu' and to
aftain the objectives set ouf in this section; the improvement or alteration of open
space, exteior design of all new development, and all modifications to existing
development shall be subject to design review as specified in this chapter.
Vail Land Use Plan
The Vail Land Use Plan was initiated in 1985 and adopted in 1986 by the Vail
Town Council. The main purpose of the Land Use Plan is two-fold:
1. To articulate the land use goals of the Town.
2. To serve as a guide for decision making by the Town.
The Vail Land Use Plan is intended to serve as a basis from which future land
use decisions may be made within the Town of Vail. The goals, as articulated
within the Land Use Plan, are meant to be used as adopted policy guidelines in
the review process for new development proposals. In conjunction with these
goals, land use categories are defined to indicate general types of land uses
which are then used to develop the Vail Land Use Map. The Land Use Plan is
not intended to be regulatory in nature, but is intended to provide a general
framework to guide decision making. Where the land use categories and zoning
conflict, existing zoning controls development on a site.
Goals and Policies (in part):
1.0 GeneralGrowth/Development
'1 .1 Vail shoutd continue to grow in a controlled environment,
maintaining a balance between residential, commercial and
recreational uses fo serue both the visitor and the permanent
resident.
1.3 The quatity of development should be maintained and upgraded
whenever possible.
'1 .4 The oiginal theme of the old Village Core should be canied into
new development in the Village Core through continued
implementation of the Urban Design Guide Plan.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
2.0 Skier/TouristConcerns
2.1 The community should emphasize its role as a destination resoft
while accommodating day skiers.
3.0 Commercial
3.4 Commercial grov,rth should be concentrated in existing commercial
areas to accommodate both local and visitor needs.
4.O Village Core / Lionshead
4.lFuturecommercialdevelopmentshouldcontinuetooccur
pimarity in existing commercial areas. Future commercial
'devetopment in the core areas needs to be carefully controlled to
facititate access and delivery.
4.2 lncreased density in the core araas is acceptable so long as the
existing character of each arca is preserued thorough
implementation of the Urban Design Guide Plan.
4.3 The ambiance of vail village is impoftant to the identity of vail and
shouldbeprcserued.(sca|e,alpinecharacter,smalltownfeeling'
mountains,naturalsefting,intimatesize,cosmopolitanfeeling,
e nv i ron m e ntal q u al itY. )
Vail Villaqe Master Plan
The Vail Village Master Plan is based on the premise that the Village can be
planned and disigned as a whole. The VailVillage Mas]er Plan is intended to be
tonsistent with the Vail Village Urban Design Guide Plan, and along with the
Guide Plan, it underscores thL importance of the relationship between the built
"nuiront"nt
and public spaces. Furthermore, the Master Plan provides a clearly
stated set of goali and objectives outlining how the Village will grow in the future.
Goals for Vail Village are summarized in six major goal statements' While there
is a certain amount of overlap between these six goals, each focuses on a
p"rtiJ"iaspect of the Villagb and the.community as a whole. A series of
|Ul""G" outline specific stefs that can be taken toward achieving each stated
golt. Policy statements have been developed to guide the Town's decision-
making in achieving each of the stated objectives.
The Vail Vilpge Master Plan is intended to guide the Town in developing land
use laws and policies for coordinating devetopment by the public and private
sectors in Vail Village and in implementing communig goals for public
improvements. Further, the Master Plan is intended to serve as a guide to the
staff, review boards and Town Council in analyzing future proposals for
development in Vail Village and in legislating effective ordinances to deal with
such dwelopment. Contained within the Vail Village Master Plan are goals for
developmeni in Vail Village. The goals are summarized in six major goal
statements. The goal statements are designed to establish a framework, or
direction, for the future growth of the Village'
A series of objectives outline specific steps toward achieving each stated goal.
Policy statements have been developed to guide the Town's decision-making in
achieving each of the stated objectives, whether it be through the review of
private slctor development proposals, or in implementing capital improvement
projects. (in Part):
Goal #1 Encourage high quatity redevelopment while preserving the
unique architectural scale of the village in order to sustain its
sense of communitY and identitY.
1.2 Obiective: Encourage the upgrading and redevelopment of residential
and commercial facilities.
Goal #2 To foster a strong tourist industry and promote year-round
economic health and viability for the Village and for the
community as a whole.
2.1 Obiective: Reagnize the vaiety of land uses found in the 10 sub-
areas throughout the vittage and allow for development that is compatible
with these established land use patterns.
2.2 Obiective: Recognize the 'historic" commercial core as the main
activity center of the Village.
2.2.1 Policv: The design criteria in the Vail Village Design Guide
Ptan shatt be the primary guiding document to prcserue the
existing architectural scale and character of the core area of Vail
Village.
2.4 Obiective: Encourage the development of a variety of new
conmercial activity wherc compatible with existing land uses.
2.4.1 Policv: Commercia! infitl devetopment, consistent with
estabtished horizontal zoning regulations shall be encouraged to
provide activity generators, accessrb/e green spaces, public
plazas, and streetscape improvements to the pedestrian network
throughout the Village.
2.5 Obiective: Encourage the continued upgrading, renovaUon and
maintenance of existing todging and commercial facilities to better serve
the needs of our guests.
2.5.2 Policv: The Town will use the maximum flexibility possib/e i'7t
the interpretation of building and firc codes in order to facilitate
buitding renovations without compromising life, health and safety
considerations.
2.6 Obiective: Encourage the development of affordable housing units
through the efforts of the pivate sector.
2.6.1 Policv: Emptoyee Housing; units may be rcquired as part of
any new or redeveloped project requesting denstty over that
allowed bY existing zoning.
Goal #3 To recognize as a top priority the enhancement of the walking
experience throughout the Village'
3.1 Obiective: Physicatly improve the existing pedestrian ways by
landscaping and other improvements.
3.1.1 Policv: Private development proiects shall incorporate
sfreetscape imprcvements (such as paver treatments'
landscaping, lighting and seating areas), along adiacent
pedestian waYs.
3.1 .3 Policv: Flowers, trees, water features and other landscaping
shatt be encouraged throughout the Town in locations adiacent to'
or visible from, Public areas-
Vail Villaqe Urban Desiqn Guide PIan
This Guide Plan represents collective ideas about functional and aesthetic
objectives for VailVillage. Diagrammatic in nature, the Guide Plan is intended to
suggest the nature of improvements desired. lt is based on a number of urban
design criteria determined to be appropriate for guiding change in the Vail
Village. The Guide Plan is intended to be a guide for current planning in both the
public and private sectors. Design considerations relative to redevelopment
within the Commercial Core, specific to this proposal are as follows:
Vaif Village Design Considerations: Facades 'Windows
In addition to the general degree of transparency, window details are an
impoftant source of pedestrian scale-giving elements.
The size and shape of windows are ofr,en a tesponse to the function of the
street adjacent. For close-up, casual pedestrian viewing windows arc
typicalty sized to human-sized dimensions and charactenlsfics of human
vision. (Large glass-wall storefrcnts suggesf unintemtpted viewing, as
from a moving car. The sense of intimate pedestrian scale is diminished.)
Ground floor display windows are typically raised slightly 18 feet f and do
not extend much over I feet above the wallrway level. Ground flcr,rs
which are noticeably above or below grade arc exreptions.
The afticulation of the window itself is still another element in giving
pedestrian scale (human-related dimensions). G/ass areas are usually
subdivided fo express individual window elements - and are fufther
subdivided by mullions into small panes'which is responsib/e for much of
the old-wotld charm of the Village.
sinilafly, windows are most often clustered in banks, iuxtaposed with plain
watl siilaces to give a pleasing rhythm. Hoizontal rcpetition of single
window elements, especially over long distanceg should be avoided'
Large singte pane windows oeur in the Village, and provide some
coitrast, as tong as they are generally consisfent in form with other
windows. Long continuous g/ass is out of character.
Bay, how and box windows are common window details, which
furthervariety and massing to facades'and are encouraged.
Reflective glasg p/asfic panes, and aluminum or other metal frames are
not consistent in the Village and should be avoided. Metal-clad or plastic
clad wood frames, having the appearance of painted wood have been
used successfully and are acceptable.
V. ZONING ANALYSIS
Staff has completed a zoning analysis of proposal in relation to the land use
requirements outlined in Title 12,|oning Regulations of the Vail Town code. A
summary of the analysis is provided below:
Street Address: 201 Gore Creek Drive
ParcefNumber: 210108263013
Zoning: Commercial Core 1 (GCl) zone district
Land Use Plan Designation: Mixed Use
Current Land Use: Mixed Use Development
Development Standard Allowed/Requir6d Existino Proposed
Buildable Lot Area: 5,000 sq. fi. (min.) 6,098 sq.ft. No Change
Setbacks: None or 1 ft. O ft. (1 ft.
unless specified into Gore Creek
othena/se in the Drive ROW)
Vail Village Master Plan
Site Coverage: 4,878 sq. ft. (80%) or 5,561sq.ft.(90o/o)5,585sq.ft.(90%)
as per the Vail Village
Urban Design Guide Plan
VI. SURROUNDING LAND USES
Land Use Zoninq
North: Mixed Use Development CommercialCore 1 (CC1)
South: Mixed Use Development Commercial Core 1 (CCl)
East: Children's Fountain Plaza Outdoor Recreation (OR)
West Mixed Use Development CommercialCore 1 (CC1)
vil.REVIEW CRITERIA
It shall be the burden of the applicant to prove by a preponderance of the
"uiO"nt"
before the planning and environmental c'ommission that:
1. The proposed exterior alteration is in compliance with the
purpo""J oi tte GGl district as specified in Section 12-78-1, Yail
Town Code; and,
Staff resPonse:
staff find's that the proposed exterior alteration ensures "adequate light'
air, open space, and oiher amenities appropriate to the permitted ,types of
buitdings and uses." Staff finds that this proposed_exterior alteration also
ensure! "the maintenance and preseruatbn of the tightly clustered
i,iangements of buildings fronting. on pedestianways . and. public
iii"i*iys' Staff also RnOs tnat this proposed gxterjgl alteration also
6nsures
-the 'continuation of the building scale and architectural qualities
that distinguish the Village"-
Section12.7b.15'siteCoverage,Vai|TownCode,statesthat:"slte*rrog" shall not exceed 80% of the totat site area, unless otherwise
specm6a in the Vail Village lJrban ..Design Guide .Plan and Design
ionsiderations." The existing Bell Tower Building cunently has
approiimatefy 90% site coverage' - The proposed bay w.indows will
nid,Oestty inciease the s1e coverage of the building; however, the proposal
is consistent with the Vail Village urban Design Guide Plan's Design
Consideration that "bay, bow and box windows are common window
detaits, which further variety and massing to facades - and ate
eiiorraged". Therefore, Stiff believes the proposed increase in site
coverag6 is consistent wiin tne Vail Village Urban Design Guide Plan and
the purposes of the Commercial Core 1 District'
2'Theproposatisconsistentwithapp|icat|ee|ementsof.theVai|
Master itlan, the Town of Vail Streetscape Master Plan, and the Vail
ComPrehensive Plan; and,
Staff resPonse:
Staff finds that this proposed exterior alteration is consistent with, and
furthers, the goals and policies of the Vail Land use Plan as identified
above in Section lV of this memorandum'
staff finds that this proposed exterior alteration is consistent with, and
turtn"r", the goals ani policies of the Vail Village Master Plan as identified
above in Section lV of this memorandum'
staff finds that this proposed exterior alteration is consistent with the Vail
Village Urban Design duide Plan's Design Consideration1hat 'bay, bow,
and]ox windows dre common window details, which futlher variety and
masstng to facades - and are encouraged"'
The Town of Vail has recently constructed streetscape improvements
adjacent to the Bell Tower Buiiding in accordance with the Vail Village
Stieetscape Master Plan. Since this proposal involves the installation of
baywind'ows,thisproposedexterioralterationdoesnotaffectthe
constructed streetscape improvements. The proposed b-ay windolvs will
not impede pedestrian or vehicular access along Gore creek Drive any
more than the new landscape planters installed along the south edge of
the Bell Tower Building as part of the Vail Village streetscape construction
project.
Therefore, staff believes the proposed exterior alteration is consistent with
all applicable elements of
'the Vail Master Plan, the Town of Vail
Streetscape Master Plan, and the Vail Comprehensive Plan'
3. The proposal does not othenrise negatively alter the character of
the neighborhood; and,
Staff response:
Staff findi that this proposed exterior alteration is consistent with the Vail
viri"g" Urban Design Guide plan's Design consideration lhat'bay, bow
and box windows are common window cletails, which fudher vaiety and
masslng to facades - and are encouraged." since this proposal replaces
tvvo existing flush storefront windows with new bay window forms
"n"ortag"
6y the Vail Village Design Considerations, Staff belives the
proposei extlrior alteration witt nave a positive affect on the character of
the neighborhood.
4'Theproposatsubstantial|ycomp|ieswiththeVai|Vi||ageUrban
Design 'CuiOe Plan and the Vail Village Design Considerations'. to
inclule but not be limited to, the following urban design
considerations: pedestrianization, vehicular penetration, streetscape
framework, street enclosure, street edge, building height' views'
serviceldelivery and sun/shade analysis; and,
Staff response:
The Town of Vail has recently constructed streetscape improvements
adjacent to the Bell Tower Buiiding in accordance with the Vail Village
Stieetscape Master Plan. Since this proposal involves the installation of
bay wind'ows, this proposed exterior alteration does not affect the
constructed streetscape improvements. The proposed b-ay windorarc will
not impede pedestrian or vehicular access along Gore Creek Drive any
more t'han the new landscape planters installed'along the south edge- of
the Bell Tower Building as p'art bt tne Vait Village streetscape construction
project.
Additionally, Staff finds that this proposed exterior alteration is consistent
with the viitVittage Urban Design Guide Plan's Design Consideratio-n that
.bay, bow and b-ox windows aie common window details, which further
vaiety and massing lo facades - and are encouraged."
Therefore, Staff finds that the proposed exterior a.lteration substantially
complies ritn tn. Vail Village Urban Design Guide Plan and the Vail
Village Design Considerations'
5.Theproposa|substantia||ycomp|ieswithal|othere|ementsofthe
Vait ComPrehensive Plan'
Staff resPonse:
Staff find! that the proposed exterior alteration complies with all other
elements of the Vaii Comprehensive Plan based upon its conformance
with the goals of the Land use Plan, the Vail Mllage Urban Design Guide
plan. and its lack of impact to the constructed elements of the Vail Village
StreetscaPe Master Plan.
VIII. STAFFRECOiIIMENDATION
The community Development Department recommends that the Planning and
Environmental bommission approves, with conditions, the an exterior alteration,
pursuant to Section 12-78-7', Exterior Alterations or Modifications, Vail Town
bode, located at 201 Gore Creek Drive (Bell Tower Building)/Lot A, Block 58'
Vai|Vi||ageFi|ingl,andsettingforthdetai|sinregardthereto.
should the Planning and Environmental commission choose to approve this
exterior alteration, t-he Community Development Department recommends the
Commission pass the following motion:
,The Planning and . Envircnmentat Commission approves an exteior
alteration, p|ursuant to Secfion 12-78-7, Exterior Alterations or
Modificationi, Vait Town Cde, tocated at 201 Gore Creek Dive (Bell
Tower Buitding)/Lot A, Block 58, Vail viltage Fiting 1, and sefting forth
details in regard thereto."
should the Planning and Environmental commission choose to approve this
amended final plat,-the community Development Department recommends the
Commission approve the following conditions:
"l.ThisapprcvaliscontingentupontheappticantobtainTownofVail
design review approval for this proposal'
2. The applicant must obtain and execute an enci'rcachment agreement,
or simiiar agreement as deemed appropriatg by the Town Aftomey, for
the entry feature piorto application for a building permit'"
should the Planning and Environmental commission choose to approve the
amended final plat, ih" Co;ntrn1y Development Department recommends the
Commission makes the following findings:
l0
,'The Planning and Environmental commission finds that the proposed
exterior atterition is in compliance with the purposes of the CCl districl
as specffbd in section ti-lA-t of the Zoning Regulations; that the
proposalis consr.sfenf with applicable elements of the vail village Master'Plan,theTownofVail'streefscapeMasterPlan,andtheVail
comprehensive Ptan; and that the proposat does not otherwise negatively
atter the character of the neighborhood. Fufther, that the proposal
substantialty complies with the vail vitlage lJrban Design Guide Plan and
the Vait Viitage Design Considerations, to include, but not be limited to,
the followin{ urban-design considerations: pedestrianization, vehicular
penetration,streefscapeframework,streetenclosure,streetedge,'buitding he'ight, views, seruice/delivery and sun/shade analysis; and that
tne proposit substantially complies with all other elements of the Vail
Comprchensive PIan.
Additionalty, the Ptanning and Environmental commission finds that the
proposed site coverage issocrafed with this exteior alteration application
r.s ionsistent with the VaitViltage Urban Design Guide Plan and Design
Considentions."
ATTACHMENTS
A.
B.
c.
D.
Mcini$ Map
Applicant's Request
Architectural Plans
Public Notice
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Attachment B
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VAg,Inc.
Architects & Planners
Montlay, July 16,2007
Bill Gibson
AICP Planner tr
Town of Vail
75 South Frontage Road
Vail, CO 81657
Re: Design Intent, Bell Tower Bay Windows
Dear Bill:
Thank you for ihe opportunity to address our request for a "Changq to the A-ppr9v:d l-lans" with regard to the PEC and DRB
for the Be ll Tower Building in Vail. It is our intent itat this letrciwill detaii an<l clariff what we believe is the intent of this
request.
The Owner,s and desip. team associated with the Bell Tower Building endeavor to te'energizn the building tbrouqh a-
conplete, thorough and thoughfi exterior renovation of the property] as previously approved by ttre Town In this efforL the
Owner,s are requesting a revisioq to the approved plan that witl atreit two pictrue/display windows on the northern (Gore
Creek Drive) elevation of the property. W" intend to replace the picture,/display windows with large, bay display windows of
a sirrilar size and location, conrmon tLougbout the village. It should be noted that these windows' while potentially
encroaching on town property, are to be cJntained beneath an existing roofoverhang and sdll not worsen the existing
condition
We appreciate your consideration of this issue, please do not hesitate to contact us with any questions or cornrnents'
Sincerely,
VAg, Inc., Architects & Planners
David Baum, Senior Project Architect
fila R:\Otrc^dm\Forfls\For^tt tit€ctAlrttaTctplatc.doc
Physical Address:
90 Benchrnark Rd., Suite 202
Avon, CO 81620
(97O) 949-7OJ4
fax: (970) 949-8134
email: general@vagafchitccts con
Mailing Address:
P.O. Box 1734
Vail, CO 81658-1734
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Arequestforafina|reviewofafloodp|ain-modification,pursuanttoChapter146'
Grading Standards, V"iliJ*n 6'oJ", to
"ifo*
tor imfrovemenis toanapproximately two-
mite tength of the Gore v;ilti;iil; trom sunu[rst Drive to Bighom Road, and a
conditional use permit, ir;;;ito settion rz-a-cx concitional Uses, vailTown code'
to allow for the retocation-oi a paved,_non-roi6ti*a bicycle path..and pedestrian
watkway, tocated on rr"j'n,-v"]riairev'riling +lno unptattid properties' (a complete
tegat description is avaitalt;'io;;s;;"r''l,n at t-tre iown oi vail community Development
Deoartment), ano settinJioihl;i"iit i" regard thereto' (P Ec07-0049)
;#il;;;i""' Jo",n oiVait, represented bv Gress Banie
Planner: Scot Hunn
Theapp|icationsandinformationabouttheproposa|sareavai|ab|eforpub|icinspection
duringof|icehoursattnerownofVailCommunitvo"*ropmentDepartment'75South
Frontage Road. The pr6ri"-i, inuit"o to attend .p;ft".t orientation and the siie visits that
orecede the pubtic ne"rinJ i;'il;;;" "f
vaif domtunity Development Department'
'Pl"as. call 970-479-2138 for additional informatlon'
Sign|anguageinterpretationisavai|ab|eupon.request,with24-hournotification'P|ease
call 970479-zaso, rere!'tr-on; f* th; Hearing lmpaired' for information'
Published July 25, 2007, in the Vail Daily'
Page2
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Town Council
Community Development Department
August 7,2007
OR IGINAL
frerM
n..,rf;.t'., - C<7
7€ -$*
r)ofe' l-O-O
Reguest to proceed through the development review process with a proposal
to construct private improvements on Town of Vail owned Gore Creek Drive
Rightof-Way.
Applicant: Herman Staufer, represented by Vag, Inc.Planner: Bill Gibson
DESCRIPTION OF THE REQUEST
Request to proceed through the development review process with a proposal to
construct private improvements on Town of Vail owned property.
SUBJECT PROPERTY
The subject property is the Town of Vail owned Gore Creek Drive Right-of-Way.
The property is not platted or zoned.
BACKGROUND
It is the desire of the applicant, Herman Staufer, to apply for an exterior alteration
application (subject to review by the Planning and Environmental Commission) and a
design review application (subject to review by the Design Review Board or the
Administrator) to construct two new bay windows at the Pano Jewelry tenant space
in the Bell Tower Building at 201 Gore Creek Drive. The proposed bay windows will
replace two existing store front windows which are located along the Bell Tower
Building's southern property boundary. The two proposed bay window will extend
beyond the property boundary into the Gore Creek Drive Right-of-Way by
approximately one foot and three inches. A vicinity map (Attachment A), the
applicant's request (Attachment B), architectural plans (Attachment C), and a site
photo (Attachment D) have been attached for reference.
The Gore Creek Drive Right-of-Way is owned by the Town of Vail, and the Town
Council serves the role of the "property owner" for this right-of-way. Since the
applicant is proposing to construct improvements on Town of Vail property, the
applicant must first obtain the Town Council's (i.e. the'property owne/s') permission
to proceed through the Town's development review process.
STAFF RECOMMENDATION
The Community Development Department recommends the Town Council grant the
applicant permission to proceed through the development review process.
Please be aware that an approval of this request does not constitute an explicit
approval of the proposed improvements; it only authorizes the applicants to proceed
through the Town's development review process.
I
ilt.
tv.
V. ATTACHMENTS
A. Vicinity Map
B. Applicant's request
C. Architectural Plans
D. Site photo
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Attachment B
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VAg,Inc.
Architects & Planners
Monday, July 16,2007
Bill Gibson
AICP Planner II
Town of Vail
75 South Frontage Road
Vail, CO 81657
Re: Design Intent Bell Tower Bay Windows
Dear Bill:
Thank you for the opportunity to address our request for a "Change to the Approved Plans" with regard to the PEC and DRB
for the Bell Tower Building in Vail. It is our intent that this letter will detail and clariff what we believe is the intent of this
request.
The Owner's and design team associated with the Bell Tower Building endeavor to re-energize the building through a
conplete, thorough and thoughtfrrl exterior renovation ofthe property, as previously approved by the Town. In this effort, the
Owner's are requesting a revision to the approved plan that will affect two picture/display windows on the northem (Gore
Creek Drive) elevation of the property. We intend to replace the picture/display windows with large, bay display windows of
a similar size and location, common tbroughout the village. It should be noted that these windows, while potentially
encroaching on town property, are to be contained beneath an existing roof overhang and will not worsen the existing
condition.
We appreciate your consideration of this issue, please do not hesitate to contact us with any questions or cornments.
Sincerely,
VAg, Inc., Architects & Plarmers
David Baum, Senior Project Architect
filer R \OffcAdrm\Fonns\ForArchit€cr5\LetterTenpiatc.doc
Physical Address:
90 Benchmark Rd., Suite 202
Avon, CO 81620
(970) 949-7034
fax: (970) 949-8134
email: general@vagarchitects.com
Mailing Address:
P.O. Box 1734
Vaii, CO 81658-1714
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Attachment D
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Bell Tower
Adiacent Propertv Owners
North-East of Property
Owner/I\4anager:
CREEKSIDE CONDO
VAILMANAGEMENT
PO BOX 6130
AVON, CO 81620
Physical Address:
223 E GORE CREEK DR
VAIL AREA
Legal Description:
CONDO: CREEKSIDE CONDO
East ofProperty
Owner/lVlanager:
GASTHOF GRAMSHAMMER INC
23l EGORECREEKDR
VAIL, CO 81657
Physical Address:
23I GORE CREEK DR
VAILAREA
Legal Description:
CONDO: CRKSD CONDO-GASTHOF
GRAMSHAMMER DESC: GASTHOF
GRAMSHAMMER PARCEL R656I 58 MAP
05-13-98
South ofProperty
Owner/\4anager:
LODGE TOWER CONDO
STAN COPE
2OO VAIL RD
VAIL, CO 8I657
Physical Address:
I74 E GORE CREEKDR
VAILAREA
Legal Description:
CONDO: LODGE APT CONDO
West of Property
Owner/Ivlanaeer:
GORE CREEK PLAZA
POBOX742
VAIL, CO 81658
Physical Address:
193 GORE CREEKDR
VAILAREA
Legal Description:
CONDO: GORE CREEKPLAZA
trl
14
American Land Title Association Cornnitsnent - 1982
TITLE INSURAIICE COMN{ITMENT
BY
rstewart| --.tttle guaranty company
OrderNumber: BellTower
We agrce to issuc poticy to you according to the tem$ of tlre Cocrmitnent. When we show the policy amount and
yoru nanre as the proposed insrucd in Schedule A, this Cormitrrnt beconres eff€ctiv€ as of the Cormitrnent Date
shown in Schedule A.
If the Requircmcnts shown i! this Cormihent have nol bcen mct within six months affcr Ote Commitnent Date, our
obligatioo under rhis Comnitrunt will end. Also, our obligation undet this Conrritsncnt will end when the Policy is
issucd and then our obligation to you n'ill be undcr 0r Policy.
Our obligation undcr this Cornrritrrnt is limited by the following:
Tlre Provisions in Schcdule A.
The Requirements in Schedule BJ.
Thc Exccptions in Schcdule B-tr.
The Conditions on Page 2.
This Conrnitrrent is not valid wihout SCHEDULE A and Sections I and II of SCHEDULE B.
THIS COMMITMENT tS NO|r AN ABSTRACT, EXAMINATION, REFORT OR REPRESENTATION OF FACT OR
TITLE AND I}OES NOT CREATE AND SHALL NOT BE THE BASIS OF ANY CLAIM FOR NEGLICENCE'
NEGLIGENT MISREPRESENTATTON OR OTHI,R TORT CLAIM OR ACTION. THE SOLE LIAAILITY OF
COMPANY AND TTS TITLE TNSURANCE AGENT SEALL ARISE UNDER AND BE GOVERNED BY PARAGRAPH
4 OF TIIE CONDITIONS,
IN WITNESS WHEREOF, Stcwart Title Guaranty Conpant has caused its corponte namc and scal to bc her€unto
aflixed by its duly authorizcd ofticcrs on the date shown in Schcdule A.
rste\ rartL + t!. gsatt,rly co?n9try
ffi
Slewafi Title of Colorado - Vail Division
97 Moin St., Suite W-201
Edwards, CO 811532
Order Number: BellTower
I of 2 Comrnitmcot - ?35 WO Disclosurt
Countersigned:
Auttrodzcd CountccrigDstub
i
t
I
COMMITMENT FOR TITLE INSURANCE
SCITEDULEA
l. Effectlve Date: June 29,2007 at 8:00 a.m.
2. Policy or Pollcles To Be Issued:
(a) A.L.T.A. Owner'l
Order No.: BellTower
Amount of ItrsurrDce
(b) A.L.T.A. Loan
Thc estrte or Interest in tbe tand descrlbed or referred to ln thic Commitment rnd covered hereln ls:
Fee Simple
Tltle to the Fee Simple estate or intcrest h srid lrnd lr rt the effective drtc hereofvestcd in:
BELL TOWER PARTNERS, LTD.
The land referred to in this Commitment is deccrlbed rs follows:
Condominium Unit R-l
BELL TOWER CONDOMINIUMS
According to the Condominium Map recorded January 16, 1989 in Book 49E at Page 7O4 as
Reception No. 394895 and as defined and described in the C,ondominium Declaration recorded
January 16, I 989 in Book 498 at Page 703 as Reception No. 394894.
COUNTY OF EAGLE
STATE OF COLORADO
Purported Address:
201 Gore Creek Drive Condominium Unit
RI
Vail, Colorado 81657
STATEMENT O['CIIARGES
Tbccc cbargcs arc due and payable
bcfore a Policy can bc icsucd:
SEARCH FEE: $150.00
STEWABT TITI,E
GUARANTY COMPAT{y Conminncnt - Schcdulc A
Prgs I of I
COMMITMENT FOR TITLE INSURANCE
SCHEDULEB-Sectionl
REQUIREMENTS
Order Nunber: BeltTower
The following are the requirements to be cornplied with:
l. Paymont to or for the account of the grantor(s) ormortgagor(s) of the frrll consideration forthe
estate or interest to be insured.
2, hoper instrumcnt(s) creating the estate or interost to be insured must bc executed and duly liled
for record, to wit:
3. NOM, THIS REPORT HAS BEEN PREPARED FOR INFORMATIONAL PI.JRPOSES
ONLY.
grlDART TI,ILE
GUARANTT COMPANY
Cornmitncnt - Schcdulc B 1
Prgo I of I
O.dGr Numb.r: RcllTo$rlr
i
\
COMMTTMENT FOR TITLE INSURANCE
SCHEDULEB-Section2
EXCEPTIONS
Order Number: BellTower
The poltcy or policles to be issued will conteh crceptlonr to tle following unless the srme ere disposed ofto
the satlsfactlon of the ComPrnY:
l. Rights or claims of parties in possesion, not shown by the public records.
2. Easements, or claims of eascme'lrts, not shown by the public records'
3, Discrepancies, conflicts in boundary lines, shortage in area, encroachments' or any facts, which a
"orr".i
survey and inspection ofthe premises would disclose, and which are not shown by the public
records.
4. Any lien, or rigtrt to a lien, for services, labor or material herctofore or hereafter furnished, imposed by
laws and not shown by the public records'
5. Defects, liens, encumbrances, advcrse claims or other matters, if any, crealed first appearing in the
public records or attaching subsequent to the effactive date hereof, but prior to the date the proposed
insurcd acquires of record for value the estate or interest or mortgage thereon coYered by this
commitment.
6. Unpatented mining claims, r€servations or exceptions in patc,ots, or an act authorizing the issuance
thereof; water rights, claims or title to water.
7. Any and all unpaid taxes and assessmcnts and any unredecmed tax sdes.
8. Any and all assessments or expenses which maybe due and payablc to Bell Tower Condominium
Association.
9. The effect of inclusions in any general or specific water conscrvancn firc protection, soil conservation
or other district or inclusion in any water servicc or street improvement ale&.
10. Reservations or exceptions contained in U.S. Patents, or in Acts authorizing the issuance thereol
recorded Scpternber 4, 1923 in Book 93 at Page 98, reserving I ) Rights of the proprietor of a vein or
lode to extract and remove his ore therefrom urd 2) rights of way for ditches and canals constructed
under the authority of the United States.
I L Protcctive Covenants for Vail Village First Filing, recorded August 10, 1962 in Book 174 atPage 179
as Reception No. 96381'
12. All matters showrr on the plat of Vail Village First Filing'
13. All matters as shown on the Condominium Map of Bell Tower Condominiums recorded January 16,
Ordcr Ntmbcr! BcllTowsrEEgART TITIT
OUARANTY COMPANY
Comrniursrt - Schrdulc B 2
Prgc I ofl
1989 in Book 498 at Page 704 as Receptioo No. 394891
14. Condominium Declaration for Bell Tower C-ondominiums recorded lanuary 16, 1989 in Book 498 at
Page 703 as Reception No. 394894.
15. Right of Fint OfferAgreemcrtt by and betwee,n Bell Tower Partr€rs LTD and Belltower IIC recorded
October 18, 2005 as ReceptionNo. 933516.
16. Agree,qent and Grurt of Temporary Easernent regarding StrcctscaP€ Utility and Snowmelt
Improvemeirts recorded February 7 ,2007 as Reoeplion No ,200703489'
17. Agrcement Pcrmitting Encroachme,nt rccorded January 26, 2007 asReception No. 2(/ |)702221 .
18. Type III Employee Housing Unit Restictive Covenant rpcorded May 16, 2001 as Reception No.
7s7173.
19. Any md atl existing lcases and tenancics.
STIPABTTITI,D
GUARANTY COMPAI{Y
Cormirrnt - Schcdutc B 2
Pr,gc2 of2
Old.r Nlnblrt BrllTowcf
DISCLOSURES
Pwsuant to C.R.S. l0-l 1-122, noticc is hcrcby given that:
A. THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECTAL TAXING DISTRJCT;
B. A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JI.ruSDICTION SHALL BE OBTAINED
FROM TIIE COI.'NTYTREASURER ORTIIE COI.JNTY TREASTJRER'S AUTHORIZED AGENT;
C, INFORMATION REGARDING SPECIAL DISTRICTS AND TIIE BOUNDARIES OF SUCH DISTRICTS
MAY BE OBTAINED FROM THE BOARD OF COUNry COMMISSIONERS, TIIE COUNTY CLERK AND
RECORDER, OR THE COUNTY ASSESSOR
NOTE: Colorado Dvision of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Evcry title entity
shall bc responsible for all mattcrs which ap'pear of record prior to the tinrc of reoording whenever the title
entity conducts the olosing and is responsible for recording or filing of legal documents resulting from the
transaction which was closcd." hovided that St€wart Title of Colorado - Vail Division conduots the closing of
the insured transaction and is rcsponsible for recqding the legal docunrcnts from thc tansaction, exception
number 5 will not appear on the Owner's Title Policy and thc hndcr's Titlc Policy whor issued.
NOTE: Affirmativc Mechanic's Lien hotection for the Owncr may bc.available (EPicaUy by deletion of Exception No'
4 of Schedule B, Section 2 of the Commi[nent from thc Ovmer's Policy to be issucd) upon conrpliance with the
following conditions:
A. The land described in Schedulc A of this commiunent must bc a singlc-family rcsidence, which includes a
condominium or townhousc unit'
B. No labor or matcrials have boen firnished by mechanics or rnatcrialmcn for purposes of consFuction on thc
land describcd in schcdule A of this commitmcnt within thc past 6 months,
C. The Conpany must rcccive an appropriate aflidavit indanniffing the Cornpany against unfiled Mechanic's
and Matcrialmcn's Liens.
D. The Company must rcccive payment of the appropriatc prcmium.
E. If there has been constnrction, improvements or major repairs undcrtakcn on the prop€rty to be purchased'
within six months prior to thc Date of thc Commitmcnt, the rcquirements to obtsin coverage for unrecordcd
liens will include: disclosure of ocrtain construction information; financial inforrnation as to the seller, the
builder and/or thc contractor; paymcnt of the appropriate prcmium; fully exccuted Indemnity agXeern€nts
satisfactory to the cornpany; and, any additional requiremc,nts as may bc nccessary aftcr an examination of
the afortsaid information by thc Corrpany'
No covcrage will be given undcr any circumstanccs for labor or material for which the insurcd has contacted for or
agreed to pay.
NOTHING MREIN CONTAII\TED WILL BE DEEMED TO OBLIGATE TEE COMPANY TO PROVIDE ANY
oF Tm, covERAcEs RDFERRED TO HERETN, IJIILESS Tm ABOVE CONDITIONS ARE FttLLY
SATISFIED.
Stcwai fittc of Colorado - vtil Divi.rion Fll..Nrmbtr: Edlfo$er
Disclolur€s
MINERAL DISCLOSURE
Order No: BellTower
To comply with the provisions of C.R.S. 10-11-123, the Company makes the following
disclosure:
(a) That there is reoorded evidence that a mineral estate has been severed, Ieased or
otherwise conveyed from the surface estate and that there is a substantial likelihood that a
thirct party holds some or all interest in oil, gas, other minerals, or geothermal energy in
the property and
G) ffrat such mineral estate may include the right to enter and use thc Property without the
surface ownsr's permission.
NOTE: TEIS DISCLOSI]RE APPLIES Oi\tLY IF SCHEI}ULE B, SECTION 2 OF TIIE
TITLE COMMTTMENT HNRTIN INCLUDES AN EXCEPTION FOR SEVERED
MIIYERALS.
Srcw|'l Titlc ofcolorado - Vril Divisiott Fll. Nutrbcr! BcllTo\'vsr
Mincnl Di6clo6urc
Rcv,072@l
Privacy Policy Notice
PURPOSE OT'TEIS NOTTCE
Title V of the Grarmn-Leach-Bliley Act (GLBA) grnemlly probibits any financial institution, directly or
tSrough iS affrliatcs, from sharing nonpublic personal information about you with a nonaffiliated third
party unlcss the institution provides you with a noticc of its privacy policics and practices, such as thc
tlpe of information that it collccts about you and the catcgories of persons or entities to whom it may be
diictosed, In compliance with the GLBA, we are providing you with this documcnt, which notifies you of
the privacy policics and practices of Stewart Title Guenn$t Comprny.
We may collect nonpublic pcrsonal infornration about you from the following sources:
r Inforrmtion we reccivc from you, zuch as on applications or other forms.
o Information about your tansactions we secure from our filcs, or from our affiliates or othen'
r Information we receive front a consumer re,porting agency.
r Information that we receivc from othcrs involved in your transaction, such as the real csbte agent
or lender.
Unlcss it is specifically stated otherwise in an anrndcd Privacy Policy Notice, no additional nonpublic
personal information will be collected about you.
We may disclosc any of thc above information that we collcct about our custorrrs or former customcrs
to our affiliates or to nonsffiliated third parties as permitted by law.
We also may disclose this inforrnation about our customers or fonnef cuslorrers non affrliated companies
that pcrform scrviccs on our bchalf.
WE DO NOT DISCTOSE ANY NOMUBLIC PERSONAL INFORMATION ABOUT YOU WITH
ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMTTED BY LAW.
We restrict access to nonpublic pcrsonal information about you to thos€ cmployces who need to know
that information in ordcr to providc products or scrvices !o you. We maintain physical, etecfonic, and
procedural safeguards that comply with fedcral regulatiors to guard your nonpublic Personal information.
Some states give you tbc rigbt to acccss and correct nonpublic personal information. You may contact us
in writing at out Home Office, if your state law givcs you this right'
Revised 6/05
Privacy Policy Notice
PIJRPOSD, OF TIIIS NOTICE
Titlc V of the Gramm-Lesch-Bliley Act (GLBA) generally prohibits any financial institution, directly or
ttnouglr its affitiates, from sharing nonpublic personal information about you with a nonaffiliated third
party unlcss thc institution providcs you with a notice of its privacy policies and practices, such as the
type of information that it collects about you and the categories of persons or cntities to whom it may be
disctosed. In compliance with the GLBA, wc are providing you with this document, which notifies you of
the privacy polioies and practices of Stervrrt Title of Colorado - Vsil Division.
We may oollect nonpublic personal information about you from tbe following sources:
r Information we receive fiom you" such as on applications or other forms.
r Information about your transactions we secure from our files, or from our affiliaks or others'
r Information we reccive from a oonsumcr re'porting agency.
r Information that we receive from others involved in your transaction, such as the rcal estate agent
or lender.
Unless it is specifically statcd otherudse in an amended Privacy Policy Notice, no additional nonpublic
personal information will bc collectcd about you.
We rnay disclose any of tlrc above information that we collcct about our customers or formcr custoners
to our affiliates or to nonaffiliated third parties as permitted by law.
Wc also may disotose this information about our customcrs or former customers non affiliated cornpanies
that perform services on our behalf.
WE DO NOT DISCLOSE ANY NONPTJBLIC PERSONAL INFORMATION ASOUT YOU WTrTI
ANYONE FOR ANY PI.JRPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We resfict access to nonpublic personal information about you to those employees who need to lnow
that information in order to provide produots or soryiccs to you We nr,aintain physical, electronic, and
procedural safeguards that comply with federal regulations to guard your nonpublic personal information.
Somc state$ give you the right to access and con€ot nonpublic personal information. You may contact us
in writing at out Home Office, if your state law gives you this right.
Revised 6/05
2.
CONDITIONS
1. DEFIMTIONS
(a) "Mortgagc" mcsns mortgagc, deed of truEt or oiher security instrurnent. (b) "Public Records"
mcans titlc rccords that give consfiuctivc noticc of matters affecting your titlc - according to the
state stahrtes whcre your land is located.
I.ATTRI'EI'ECTS
Thc Exceptions in Schcdulc B - Scction II may be arncndcd to show any &fccts, liens or
encumbrances that ap'pear for the first time in the public records or are created or attached between
the Commitment Date and thc datc on which all of thc Requirernents (a) and (c) of Schcdulc B -
Section I are met. We shall have no liability to you bccause of this amcndment.
E)flSTING I}EIM,CTS
If any defects, liens or encurnbrances cxisting at Cormritmcnt Date are not shown in Schedule B, wc
may amand Schedule B to shown thern. If we do amend Schcdule B to show these deGcts, tiens or
encumbrances, we shall be liable to you according to Prragraph 4 below unl€ss you knew of this
information and did not tell us about it in writing'
LIMITATION OF LIABIIITY
Our onty obligation is !o issue to you the policy refencd to in this Cornmifineot wtren you have rnet
its Rcquircrncnts. If we havc any liability to you for any loss you incr.r because of ao ctror in this
Commitnrnt, our liability will be limitcd to your achul loss causcd by your rclying on this
Commibnent when you actcd in good faith to:
Comply with the Rcquirenrnts shown in Schcdulc B - Sectim I.
or
Eliminate witr our writtcn cons€nt any Exceptions shown in Schedule B - Scction IL
Wc shall not be liable for more than the Policy Amount lhown in Schedule A of this Commitment
and our liability is subject to thc terms of thc Policy form to bc issucd to you.
CLAIMS MUST BE BASED ON TEIS COMMITMENT
Any clainr, whcther or not based on ncgligence, whicb you tnay havc against us conceming the title
to the land must bc based on this Connnihnent and is subjcct to its tcdns.
Order Numbcr: BellTower
2 of 2 Conunilnsrl -
3.
4.
American Land Title Association ConmifiEtrt - 1982
TITLE INSURANCE COMMITMENT
BY
rstewart| --. >title guaranty company
OrderNrmber: BellTower2
wc agrcc to issuc poticy to you according to the tErtrrs of orc conrniunenl. when we show tbc policy amount and
yo* i.-" as tlc popoiea insured in Scftdulc e, this CorrDitDcnt bccomes cffcctivc as of the Commitncnt Date
shown in Schedule A.
If the Rcquirormnb shoqD in this Cornmitmlnt have not bccn rrt within sk rmntbs after the Connnitrrnl Date' our
obligation under Oris cornniurnt wiil end. Also, our obligation under this C,ommitrrent will cnd when rbe Policy is
issuid and thcn our obligrtion to you will bc undor thc Policy.
Our obligation under' this Conrnitnenl is limitcd by the following:
Thc Provisions in Schedule A'
Thc Requircmenb in Schedute BJ.
The Exceptions in Scbedule BII.
Tbc Conditions on Pagc 2.
This Coffidmont is not valid without SCIIEDIJLE A and Scctions I and II of SCHEDULE B.
TBIS COMMTTMENT lS NOT AN ABSTRACT, EXAMINATTON, REFORT OR REPRESENTATION oF 5'ACT OR
TITLE AND IloES NOT Cnmro AND sHiLL NoT BE THE BAsls oF ANY CLATM FoR NEGLIGENcE
NEGLIGENT MISREPRDSENTATION OR OTIIER TORT CLATM OR ACTTON. TIIE SOLE LIABILITY OF
COMPANY AND ITS TTTLE INSURANCE AGENT SIIALL ARTSE UNDER AND BE GOVERNED BY PARAGRAPH
4 OF THE CONDITIONS.
IN WITNESS WHERIOF, Stcwart Titlc Guaranty corrpany has causcd its corporate name and seal to be hercunto
affixed by itr duly outhorized ofrcerc on tbe date shown in Schedule A.
r st€h rartt--.'n6. 95.nty cdnptny
Stcwart Tidc of Colorado - Vail Division
97 Main St., Suite W-201
Hdwards. CO 81632
Order Numberl BellTower2
I of 2Commitmml-235 WO Dsclosurc
Countersigred:
COMMITMENT FOR TITLE INSURANCE
SCEEI'IILE A
t. Etfective Dete: June 29,2007 at 8:fi) a.m. Order No.: BellTower2
2. Poltcy or Pollcier To Be Issued: Amount of Ineurrnce
(a) A.L.T,A. Orvner's
(b) A.L.T.A. Loen
Thc estrte or interest in thc lend described or referred to in thls Commltmcnt rnd covered hereln k:
Fee Simple
Title lo the Fee Simple cstrte or interest in sald lend tc et the cffecdve date hereof vested ln:
HERMANNSTAUFER
The lrld refcrred to lr tbir Commitment is descrlbed rs folows:
Condominium Unit C'5
BELL TOWER CONDOMINII.]MS
According to the Condominium Map recorded January 16, l9E9 in Book !98 at Page 704 as
ReceptioiNo. 394895 and as defiued and described in the Condominium Declaration recorded
January 16, 1989 in Book.498 at Page 703 as Reception No' 394894'
COUNTY OFEAGLE
STATE OFCOIJORADO
STATEMEI{T OF CIIARGES
These chargcs arc duc od payablc
bcforc a Policy car bc ictued:
SEARCH.FEE: $150.00
sttrwART ltTl,E
GUARANTY COMPAIiIY Cornmirnlcnt - Schcdulc A
Prgc I of I
Purportcd Address:
201 Gorc Creek Drive Condominium Unit
C5
Vail, Colorado 81657
COMMITMENT FOR TITLE INSURANCE
SCHEDIJLE B-Section I
REQUIREMENTS
ATE|rABT TI1AE
GUARANTY COMPAI{Y
Coruritsrsrt - Schcdulc B I
. Psgc I ofl
Order Number: BellTower2
The following are the requirernenls to be complied with:
l. payment to or for the account of the gantor(s) or mortgagor(s) of the full consideration for the
estate or interest to be insured,
Z. Proper instument(s) creating the estate or interest to be insured must be executed and duly filed
for record, to wit:
3. NONE, TIIIS REPORT HAS BEEN PREPARED FOR INFORMATIONAL PURPOSES
ONLY.
Ordgr Ntlrrrbcr3 BcllTotrr2
COMMITMENT TIOR TITLE INSURANCE
SCHEDULE B-Section 2
EXCEPTIONS
Order Number: BellTower2
The pollcy or policies to De lssued will contrln erceptlonr to the followlng unless the srttre are dlepomd of to
the satisfscdoe of the ComPanY:
L Rights or claims of prties in possession, not shown by the public records.
2. Easements, or claims of easem€nts, not shown by the public records'
3. Discrepancies, conllicts in boundary lines, shortage in are4 sncroaclm€nts, or any facts, which a
oo**i sgrvey and inspection of the preinises would disolose, and which are not shown by the public
records.
4. Any lien, or right to a lien, for sm,,ices, labor or material heretofore or hereafter fumished, imposed by
laws and not shown by the public rccords.
5. Defccts, liens, encumbranccs, adverse claims or other matters, if ann created lirst appearing in the
public records or attaching subssguent to thc effcctive date hcreot but prior to the date tho proposed
insured acquires of record for valuc the eslate or interest or mortgage thereon covered by this
commitrnent,
6. Unpatented mining claims, reservations or exceptions in patants, or an acl authorizing the issuanca
thereof; water rights, claims or title to wat€r.
7. Anyand allunpaid to<es and assessmstrts andanyunredeemedtax sales'
8. Any and all assessments or expcnses which may bc due and payable'to Bell Tower Condominium
Association.
9. The effeot of inclusions in any general or specific wat€f, conservancy' firc protcction, soil conservation
or other district or inclusion in any water se,lrdce or street improvem€nt axea.
10. Reservations or exceptions contained in U.S. Patents, or in Acts authorizing the issuance thereof'
recorded September 4, 1923 in Book 93 atPage 98, reserving l) Rights ofthe propriotor ofa vein ot
lode to extract and remove his ore therefrom and 2) rights of way for ditches and canals constructed
under the authority ofthe United States.
I l. protective Covenants for Vail Village First Filing, recorded August 10, 1962 in Book 174 atPage 179
as Reception No. 96381.
12. All matters shown on the plat of Vail Village First Filing.
13. All matters as shown on the Condominium Map of Bcll Towcr Condominiums recorded January l6'
Slt9tFif TTILE Ordcr Nrr$r: DcllTo*tr2
CUARANTT COMPANY
CartEnitrrrcni - Schcdulc B 2
Prgc I of2
1989 in Book 498 at Page 7M as Reception No' 394895'
14. Condominium Declaration forBell Tower condominiums recorded January 16' 1989 in Book 498 at
Page703 as Rece'Ption No' 394894'
15. Right of First offer Agreement by andtetween Bell Tower Partners LTD and Belltower LLC recorded
October 18,2005 as Receplion No' 933516'
16. Agreement and Grant of Ter.nporary Easement rcgarding streetscape utility and snowmelt
lmProvements recorded February 7, 2007 us Recaption No' 200703489'
lT,AgreementPermittingEncroachmentrscordedJanuary26,200TasReceptionNo'20070222|.
18. Reciprocal Access Easemgnts and Joint use Agreement recorded February 2l'2007 as Reception No'
200704568.
19. Any and all existing leases and tenancies'
gTUWAATflTI,E
GUARANTY COMPAI'IY
' Corrmittsrt - Schedulc B 2
Pege 2 of2
Ordcr Nurbcr: Bc{lTowe.2
DISCLOSURES
Pursuant to C.R.S. |.0-11-122, notice is hercby givot that:
A. THE STJBJECT REAL PROPERTY MAY BE LOCATED IN A SPECI.AL TAXNG DISTRJCT;
B. A CERTIFICATE OF TAXES DUE LISTING EACH TAXING ruRISDTCTION SHALL BE OBTAINED
FROM TIIE COUNTY TREASURER OR TTIE COI.JNTY TREASTJRER'S AUTHORIZED AGENT;
C. INFORMATION REGARDING SPECTAL DISTRICTS AND T1IE BOI.JNDARIES OF SUCH DISTRICTS
MAY BE OBTAINED FROM THE BOARD OF COI.JNTY COMMISSIONERS, T}IE COI.JNTY CLERK AND
RECORDER, OR THE COUNTY ASSESSOR
NOTE: Colondo Division of Insurance Rcgulations 3-5-1, Paragaph C of Article.Vll requires that "Every title antity
shall be responsible for rlt mattcrJ which appcar of record prior to thc time of rccording whencver the title
entity conducts tha closing and is responsibie for recording or filing of legal documents resulting from the
transaction which was ctoid." provid;d that stewart Title of Colorado - vail Division conducts thc closing of
the insured transaction and is rcsponsible for rccording thc legal documcnts from the transaotion, exception
number 5 wilt not appear on the Ovmer's Titlc Policy and the lrnder's Titlc Policy wbcn issued-
NOTE: Affirmative Mechanic's Lien hotcction for the Owner may be available (typically by deletion of Exception No.
4 of schedule B, section 2 of thc cormnitnent from the owner's Policy to bc issued) upon cornpliance with thc
following conditions:
A. The land describcd in Schcdule A of this commitmcnt must bc a single-family residenoe, which includcs a
condominium or townlrousc rmit.
B, No tabor or materials have bcen fumishcd by rncchanics or matcrialmcn for purposes of construction on the
land describcd in scbcdule A of this commitmcnt within tlrc past 6 mo,nths.
C. The Company must reccivc an appropriate affidavit indcmnirying thc Company against unfiled Mechanic's
and Matcrialmcn's Liens.
D,' The Conrpany must receive paymcnt of the approrpriate pronium'
E. tf there has been constnrction, irnprovcrnants br major rcpairs undertaken on the property to be purchased,
within six months prior to ttl€ Date of the Conrmitmcnl the requirernents !o obtain cowrage for mrccorded
licns will include: disclosure of certain constnrction information; financial information as to the seller, the
builder and/or the contractor; payncnt of thc appropriatc Prcmiuq fully exccuted Indcrmrity agrecmcnts
satisfactory to the company; una,- uny additional requirenrnts as may be nccessary aftq an examination of
thc aforesaid information by the Cornpany'
No coverage will bc given under any circumstances for labor or matcrial for which the insured has contractcd for or
agreed to pay.
NOTHING IIEREIN CONTAINED WIII BD DEEMED TO OBLIGATE TIIE COMPAI\TY TO PROVIDE AI{Y
oF Tm covERAcEs REEERRED 19 nnRDINl ITITILESS Tm ABOVE CODTDITIONS ARE FIILLY
SATISFIED.
Stcwrt Titli ofColorEdo - vail Divisim Fil. Nunb.r: BcllTowcr2
Disclosurcr
J ." I
MINERAL DISCLOSURE
To comply with the provisions of c.R.s. 10-ll-123, the company makes the following
disclosure:
(a) That there is recorded evidence that a mineral estate has been severe4 leased or
otherwise conveyed from the surfac€ estate and that there is a substantial likelihood that a
third party holds somc or all interest in oil, gas, other minerals, or geothermal energy in
the proPertY; and
15) ffrai sucfr minerat estate may include the dght to enter and use the property without the
surface owner' s Permission'
NoTE:THISDIScLosUREAPPLIESONLYIFSCIIEDULEB'sEcTIoN2oFTHE
TITLECoMMITMENTHEREININCLUDESANExcEPTIoNF'oRSEVEREI)
rVIII\ERALS.
OrderNo: BellTower2
Slcwrn Titlc ofcolorcdo . vail f)ivisiolt Flh Nrmb.r: BcllTowttz
Minsnl Dsclosure
Rev. 0?/200 |
Privacy PolicY Notice
PT'RPOSE OFTHIS NOTICE
Title V of the Gramm-l,cach-Blilcy Act (GLBA) generally probibits any financial institution, directly or
*,-ugr, its affiliates, from sharing nonpublic personal information about you wior a nonaffiliarcd third
party-unless the institution provid--cs you with a notice of its privacy policics and.prractices, such as the
he of information tlpt it collccts about you and the categories of persons or cntities to whorn it rnay be
diltosca. In oompliance with the GLBA, wc are providing you with this document, which notifies you of
the privacy policics and practices of Stewrrt Title Currtnty Compeny'
we may collcct nonpublic personal jnformation abor,rt you from the following sources:
r Information wc reccive from you, suoh aq on applications or other forms'
r hrformation about your hansactions wc secure Aom our files, or from our affiliates or otherc'
o hrformation we receive &om a consumer r€porting agency'
o Information that we reccivc from others involved in your transaction, such as the real estata agent
or lender.
Unless it is specifrcilly statcd othcrwise in ur amended Privacy Policy Noticc, no additional nonpublic
pcrsonal informaticn will bc collected about you'
Wc may disclosc any of thc abovc inforrnation that we collect about our cu8tomers or former customers
to our affiliates or to nonalliliatod third parties as permitted by law'
We also may disclose this information about our customeG or formc customers non affiliatcd cornpanies
that perform scrvices on our behalf.
wEDoNoTDIscLosEANYNoMUBLICPERSoNALINFoRMATIONABotITYoUWTTH
ANYONEFOR ANY PIJRPOSETHATIS NOT SPECIFICALLY PERMITTEDBY LAW.
We restsict access to nonpubtic pcrsonal information about you to those ernployecs who necd to know
that information in ordcr to pto"ia. products or services to you. Wc maintain physical, elechonic, and
pr".J*"f safeguards that comply with federal replations to guard your nonpriblic personal information'
bon," statcs grvi you the right io access urd corrcct nonpublic pereonal information. You may contact us
in writing at out Aomc office, if your statc law gtws you oils right'
Revised 6/05
t.'
Privacy PolicY Notice
PI'RPOSE OF TEIS NOTICE
Title v of the Gramm-L.each-Bliley Aot (GLBA) gencratly prohibits any financial.institution, directly or
through its affiliates, f.omst"rinin-puftic pcrlnal iniormation about you with a nonaffiliatcd third
party unless the institution p-"la-rr you with a ngtice of its privacy policics and.practices, such as the
ffiJoiiniorn,ution that it collects a5out you and the oategmiis oflolon; or entities to whom it may be
disclosed. In compliancc with the GLBA, wc are providint you with this document, which notifies you of
the privacy policiis and practices of stewert Titte of colorrdo - vail Divislon.
we may oollect nonpublic personal information about you from tlrc following sources:
. lnforrnation we receive from you, such as on applications or olher forms'
I Information about your transactions we sccure from our files, or from our affr|iates or others.
r Informatron we receive from a consumer reportmg agency
r Informotion that wc receive from others involvcd in your transaction, such as thc rcal €state agcnt
or lcnder,
Unless it is specifioally stated otherwise in an amEndcd Privacy Policy Notice, no additional nonpublic
personal information will bc colleoted about you'
we may disclose any of the abovc information that we collect about out customers or former customefs
to our aftiliatcs or to nonaffrliatcd third parties as permitted by law'
Wc also may disclose this information about our customers or formcr customers non affiliated companies
that perform serviccs on our behalf-
wEDoNoTDIscLosEA}.IYNoNPtJBLIcPERSoNALINFoRMATIoNABoUTYoUWITH
ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMNTED BY LAW'
We restrict access to nonpublio personal information about you to thosc.emgloY.ees who necd to lxrow
that information in order O irouia" produots or scrvices to you' We maintain physical, elecfionic' and
proccdural safcgurds that oJtnpf' *itfr federal rcgulations to guard your *nn Ullc personal information'
'So-" .tuto givi you thc right to access and correct nonpublic personal information' You may contact us
in writing at
-out iome Office, if your state law gives you this right'
Rerrised 6/05
l.
t
CONDITIONS
DEFINITIONS
(a) ..Mortgagc', mearrs mortgEge, decd of trust oj otler s€curity instrument. ft) ..Public Rccords''
mcans title records that fr"i "o*Uuoti""
noticc of mattsrs affecting your titl€ - according to the
state statutcs where your land is located'
LATERDEI'ECTS
The Exceptions in schedule B - section II may be am€nded to show any defects, liens or
encumbrances that appcar for the frrst time in the public l€cords or arc crcated or attached between
tne Commitm-t Daii and thc date on which all of the Requirerncnts (a) and (c) of Schedule B -
section I are met. we shall have no liability to you because of this amerrdment'
EXISTTNGDEFECTS
Ifany defccts, liens or encumbranccs existing at Commitnent Date are npt shown in Schedulc B' we
*y u-*o schedule B to shown them, If wc do amend schedule B to show thesc dcfects, liens or
"nJurrrbr-""r,
wc shatl bc liable to you according to Paragraph 4 bclow unless you knew of this
information and did not tell us about it in writing'
LIMITATION OF LIABITITY
our only obligation is to issue to you thc policy refened to in this commitment whcn you have met
iir n.qriltr-it". If we have ary liability to you fof any loss you incurtecause of an error in this
Con#t"*t, our liability will be lirniied to your achral toss causcd by your relying on this
Comrnitment when you acted in good faith to:
Comply with the Rcquircrncnts sbown in Schedulc B - Scction I'
or
Eliminate with our writtcn consent any Exceptions shown in schedule B - Section II.
wc shall not be liable for rnore than the Policy Amomt shown in schcdule A of this commitmcnt
and our liability is subject to the trrms of thc Policy form to bc issued to you.
CLAIMS MUST BE BASED ON TEIS COMMIIIIIENT
Any ctairq whethcr or not tnsed on negligcnce, which-you may have against us concerniDg the title
to itrc land must bc bascd on this Cor'nitnent and is subject to its tcrms.
3.
4.
5.
OrderNumber: BellTower2
arrt
Bell Tower Building
Net New Commercial 24 square feet
A. Commercial Increase: Commercial Linkaee
Increase in commercial sq ft: 24 sqft increase
Commercial Linkage requirement : 20%o of net new employees generated
24 sqlt | 1,000 x 2.4 employees (retail) x2Io/o mitigation
= .0ll (.0115) employees to be provided deed restricted
employee housing
B. Mitigation for Commercial Linkage
Fee-in-Lieu
Provide a fee-in-lieu payment to the Town of Vail of
.0ll employees x $131,385 =$1,445.24
The fee-in-lieu payment must be received prior to or at the time of building permit
issuance.
**f,*'t*a*r * i t *tt'*ta *t*:i **r**'t***+******* *********'i t * *a*'a* *t't t*rt*a**a**la{'*:t* *tl ***litf ltf +*'}*'} +
TOWNOFVAIL, COLORADO Statementr***r*|r****t'ir|*********t*a****tr.*|r***'t*t ******i******t**{.*******{.******I**:}:}'r************
Statement Number; R0?00019?9 Amount: $1,445.24 09/25/200709:08.Alt
Palment Method: Check
STAI'FER, D.B.A. H. S. EMTERPRISES
Init: LC
Notatsion: #1022glHERllAlI
Permit, No:
Parcel No:
SiCe Addre8a:
Locaeion:
ftris Payment.:
ACCOI.JNT ITEM LIST:
Account Code Description
P8C070048 Type: PEC - Minor Exterior Alt
210L- 082 -6300 -5
201 CTORE CREEK DR VAIIJ
201 GORE CREEK DR UNIT C-5
iL,44s.24
**tt*ti****** f **'t**'t't **ft**t***tt*****'tl+***f*******'tti***t***f** *']***{"1'l*t'f *******'i****l*t*
Total FeeE:
Total ALL Ihts 3
Balance:
$2,095 .24
F2,O95.24
$0. o0
CurrenE Ptnts
PV 00100003112500 PEC APPIJICATION FEES L,445 .24
*Maft--1-1tnll%fr€--
(,
Bell Tower Building
Net New Commercial 24 square feet
A. Commercial Increase - Commercial Linkage
Increase in commercial sq ft
- 24 sSJi increase
Commercial Linkage requirement: 20o/o of net new employees generated
24 sq ft / 1,000 x 2.4 employees (retail) x20Vo mitigation: .011 (.0115) employees to be provided deed restricted
employee housing
B. Mitigation for Commercial Linkage
Fee-in-Lieu
Provide a fee-in-lieu payment to the Town of Vail of
.01I employees x $131,385 : $1,445.24
The fee-in-lieu payment must be received prior to or at the time of building permit
issuance.
(oglftltooT) Bill Gibson - ne : eail iower eay winoows Page 1
rec/?'.6.1t
w,-aflT
From:
To:
Date:
Bill Gibson
David Baum
091L312007 1:14 PMSubjectl RE: Bell Tower Bay Windows
Hey David,
Just as a bay window is considered residential floor area by Chapter 12-15, Vail Town Code, it is also considered
commercial floor area. Pursuant to Section 12-2-2, Vail Town Code. net floor area is tne "total floor within the enclosing
wall; of the structure" and a "bay windor4l" is not listed as an exemption from this definition.
Administrative Decision/Interpretation of Chapter 72-23. Commercial Linkade. Vail Town Code fi.e,
Ordinance No, 7, 2OO7l
fhe Town of VaiI Staff formally determines that a bay window of a retail store is subject to the commercial
linkage employee housing mitigation reguirements prcscribed by the Vail Town Code,
Pursuant to Section 12-3-3, Vail Town Code, this determination shall become final at the Planning and Environmental
Commission's next meeting scheduled on September 24,2007; unless an appeal of this decision is submitted prior to that
meeting. If you wish to appeal this administrative decision/interpretation, applications are available at our office or on the
Town's website at www.vailoov.com. An appeal application submitted prior to the Commission's September 24th meeting
will be scheduled for review by the Commission at its October 22,2007 meeting.
An appeal of the Commission's decision can then be submitted within 20 days of the Commission's decision, and will then
be scheduled for the next Town Council meeting that conforms to the notification requirements of the Vail Town Code.
Such an appeal to the Town Council, will likely be scheduled jn the late November/early December time frame.
Please be aware that the proposed Pano Jewelry (8ell Tower Building) bay windows can not be constructed until this issue
has been resolved. Any construction of these improvements without Town of Vail final approval will be considered a
violation subject to the penalties outlined in Section 1-4-1, Vail Town Code.
Sincerely,
Bitl
Bill Gibson, AICP
Town Planner
Town of Vail
75 South Frontage Road
Vail. CO 81657
(970) 479-2773
(970) 479-24s2 fax
> > > "David Baum" <davidb*6vagarchitects.com > 0917312007 10: 13 Alvl > > >
Biil:
Thanks again for the reply, but the issue is still not resolved. Can
you please point me to the section of the Town Code that stipulates a
Bay Window is considered as Floor Area? I simply cannot find it.
Thanks.
-----Original Message----
From: Bill Gibson [mailto: BGibson@vailoov.coml
Sent: Wednesday, September L2, 2007 10:59 AM
To: David Baum
Subject: RE: Bell Tower Bay Windows
David,
Just as a bay window is calculated as residential floor area, it is
calculated as commercial floor area.
BiII
ftt{
copy
>>> "David Baum" <davidb@vaoarchitects.com > 0910712007 10:54 AM >>>
Biil:
Thanks for the quick reply. Can you please point me to the section of
the Town Code that stipulates a Bay Window is considered a3 Floor
Area?
I am having a hard time finding it. Thus far, I have found only these
definitions Under Title 12: Zoning Regulations, Chapter 2:
Definitions:
BAY WINDOWS: A window or series of windows that projects from the main
wall of a building and forming a bay or alcove in a room within.
FLOOR AREA, GROSS RESIDENTIAL (GRFA): See chapter 15
< http://www.sterlinocodifiers.com/CO/Vail/16015000000000000.htm# 12- 15>
of this title for GRFA definitions, regulations, and requirements for
GRFA calculations.
FLOOR AREA, NET (Used Only For Calculating Parking Requirements): The
total floor area within the enclosino walls of a structure not
including
the following:
A. Areas specifically designed and used for mechanical equipment to
operate the building.
B. Stairways.
C. Elevators.
D. Common hallways.
E. Common lobbies,
F, Common restrooms.
G. Areas designed and used for parking.
H. Areas designed and used as stotage which do not have direct access
to
an individual office or retail store, not to exceed five percent (50/o)
of
the total proposed net floor area for office and not to exceed eight
percent (890) of the total proposed net floor area for retail.
"Common areas" are spaces for which all tenants in the building
contribute toward the upkeep and maintenance thereof and are not used
for employee working areas.
FLOOR AREA, SEATING (Used Only For Calculating Parking Requirements):
The floor area within the enclosing walls of a business or structure
i (0i11 9429!!)*Bill s!._o1.!E egl! l9we1 eaflirypr._ _
that is devoted to the seating of guests for dining or meeting
purposes,
exclusive of lobbies, prefunction areas and kitchen facilities.
Per our reading of the Town Code, none of the three definitions of
"Floor Area" provided apply to this application; GRFA does not apply
(as
we are not residential) and both the "net" and "seating" definitions
stipulate that they apply for "Calculating Parking Requirements" only.
Under Title 4: Business and License Regulations, Chapter l, General
Licensing Provisions, the following definition is provided:
BUSINESS FLOOR AREA: The number of square feet located within any
"premises" as defined in this S€ction, except that the number of
souare
feet located in storage areas and administrative offices within retail
business premises shall not be considered business floor area.
However, I am not certain how this definition applies to development
standards and definitions as it is clearly written for another
separate
purpose, that of business licensing.
Any clarification that you can provide is greatly appreciated.
---Original Message---
From: Bill Gibson lmailto:BGibson@vailoov.coml
Sent: Friday, September 07, 2007 8:08 AM
To: David Baum
Cc: hsstaufer@aol.com; Anne F. Gunion; David Wieder
Subject: Re: Bell Tower Bay Windows
Hey David,
A bay window is considered "floor area"; therefore, employee housing
mitigation is required.
Sincerely,
Bitl
Bill Gibson, AICP
_egse q
l
Town Planner
Town of Vail
75 South Frontage Road
Vall, @ 81657
(970) 479-2173
(970) 479-2452tax
>>> "David Baum'<CeuldbloyegeEIilgcEgOm> @106,12007 5:3{ PM >>>
Biil:
Hennann Staufer has asked that we request your re\rietv of the
C.ommercial
Linkage requirement being imposed on the Bell Tower building as a
result
of the conversion of the existlng 2 retall dbplay wlndo/vs to bay
wlndows,6 approved by the Town Coundl, PEC and DRB. I have
attempted
to dlscuss this matter with you but both of us have been ln and out,
so
hopefully this email will cbarly state the Ovynels position and serve
a better means of communicauon.
We believe that the follovring section (from the Town Code) endtles us
to request this re\rievr:
12-23-2i EMPLOYEE GENERATION AND MMGATION RATES:
B. If an applicant subrnib competent evidence that the employEe
generatlon rates contained in table 23-l of this section or the no(us
study do not accurately reflect the number of employees generated by
the
prroposed commerclal da/elopment or reder/elopment and the administsator
finds that such evidence warranB a devlatlon from those employee
generdtlon rates, the administrator shall allor,v for such a deviatlon
as
the admlnlstrator deems appropriate.
The basb of our request is that we believe the converslon of these
rvlndows does not result In net changE in our retail floor area. The
bay
windows cannot be occupied by staff or employees and do not increase
the
floor area of the retail space. Therefore, we belle\€ the followlng
o(emption applies:
12.23-5: EXEMPTIONS:
The followlng shall be exempt from this chapter:
A, The rederleloprnent of existing commercial derlelopment, if no nev{ net
fl oor area.,.are created
Therefore, we are requesting that you waive the Commerchl.llnkage Fee
In Lieu as requ€sEd of $1,,1.15,24, We intend to apply for a pemit on
thb issue through Highhnd Builders thb weelq so your timely
response
b greaty appreciated.
Thank you for your consueration of this request, please feel free to
@ntact me with any quelstions or @mments.
David Baum
Senior Project Architect
davidb@vaoarchitects.com <@>
VAg, Inc.
Architects & PlanrErs
970.949.7034
970.949.8134 fax
PO Box 1734
vail, @ 81658-U34
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?ECoZ - oola
AGREEMENT PERMTTTING ENCROACIIMENT
Ttis AgEdntot Pcdoitting Eowchocat (dis' gc.r&of) dred this- &y of Scptcrnbct,
2007, is \ and bctweco thc Towr ofVeii e Coloredo municipd corporetiou (Towa") aod Bcll Torrct
Coadominium Arsocietioq llc, a cotpotetia duly ogralzcd aod cristiog rmdct by vitue of thc lews of
Coloredo fOrlmcf).
RECrIAI,s
A. Bcll Tovcr Codooioiums, accordiog to thc codorniniurn rnep rccordcdJanu2ry 16, l9E9 iE bool 498 et
page 704 eod es &fucd and dcscdbcd io cmdomioium dcderatior rccordcd Jraurry 16, 1 9E9 in book 498 &t
pagc 703, County ofEcglg Stetc of Coloredo.
B. Thc Torm is thc wntt of cctteia ptopctty locetcd adiaccat to rhe Bdl Tov,cr Ptrpqty.!d d?ictd oo
Exhibit A rttachcd hctcto lad incotpoteted bctcin( thc "Tovn Ptopcty)-
C Bdl Tor*cr dcsitcs to c@struct.ld Eriobia e octrio Bry W'urdov overf,rog (the "Ovchaog), r,tidt
Ovc$rag eill ractoarh oato a potion of thc Towu Propctty in thc r.tee dcpictcd on Erbibit A
D, Thc To*:n ir williog to pomit thc Ovcrlog m cncrach rpotr dc Tovn Propctty es ptoviikd hcrdo.
AGREEMENT
NOV/ II{EREFORE in oasidcretio, of rhc Rccitels, 6c mutral ptomiscs ooaiocd hctcia aad odrct good
rnd vrlueblc considttetiod, dE leor&t rod su6cicocy of vhich is hcrtby ec*oowlcdgd thc prrtics agrcc as
f . Tbc Twn hacby gEnts i6 @lscot to dr cocrqechnrent of ric Ovcdng aad stoac vclcct oDto thc
Tovu Propctty b thc loatiotr shovn oo Erhibit A o4 furthcg fot thc cmscuctio!, .ristcocg usq
inptovcocot, lcplrococat arrd meintcoacc of thc Oocdrog ptovidcd dnt thc atca of cncroachoeot of &e
Qe.rlrng shall in all such ioctrnccs bc limitcd spccGcally m thc locetioo es dcpl*d on Erhftrit A Thc
.r!€raachrDcot rifts gnntcd by 6is Agrtcttcdt stt ll be uscd sd+ for sud purposcd aod fot 6osc ectivitics
teesooably aeccr.sery in cooocctioo tLctcwitl rod for de pctfooueocr of thc obligrtions uodctuleo by Bdl
Tovcr uodcr this Agtecocor
2 Thc coooedtrrcnt lights gt&tcd by eis Agrccocot end thc tcos end cooditims aontrincd in this
Agrctocot shdl ruo with thc lead aod shell iourc to $e bcnc6t of end bc biodiog on thc penfos and ttcir
rtspcctivc succcssoos or.ssighs in intcf,.st to 6c Bdl To$!t Ptqtcttt tod thc TovD Pto'Pctty, tc+cctiv+
3. Bdl Torroce agrccs o iadcoai$, dcfcad end hold hennlcss The Twrr aod tic Town Ptopcrty of ead ftom
any eod dl lieMity, deios, lic-., dcrneo&, rtioos aad ceuscs of eaioo olatsocvct edsing out of or tdated m
ary lo's!, co6t, e-ftg- ot bjury, indudiog dcedr, of eay pcooa or ,l"nrge to p1opctg, ofaly Liad t6ultiug io
comcctioo rlith tbc Oecrh{rt or tLir Agrecrn€ot, includir& withort liaitatiroq thc m"rg of lrry racianic's
ot mtcdz.Lnan's lico eg.idlt 6e Tova ?ropettt.
a- (t) This furEnrcat, aod E*ibit A atwhcd hcteto, cootrios thc cntirc agr..Ecot ed undctst ndiog of tbc
prtics wi$ tcspcct to thc subjcct raettct hof, rnd thctc rte no teprcscorati@s, indtctDcots, Prqniscs or
ncgotietioas od rrpcscoations tdrting hcrtto erc mcrgcd hereil Ttis Agtccm€nt Dat bc crecutcd in
oultiple ormtrrpats, cartr of wticl shdl bc dcqncd rn cigj!.|, hrt dl of which alca togctbct sbdl
coostitutc ooc ad tfic sirDc instruDcot
p) If rny deurc c porisioo of this Agrecocot shdl in additioa to bc inse[d ia {,holc or io Pt4 dcll th.
lcoeining d.u!c. rod plovisioos, or ponions thctcof, shJl nectthchre be rad rcoria ia firll folcc and
effcct
(c) No ancodraot, dlcrrtio.\ modiEcetba of ot ia edditira of or ia eddtln to this Agrcttrcot shdl bc vdid
ot binding unlcss crprtsscd in *titiog aad signcd by both P.tti€s to thil Agecmcnt
(d) lf ci6ct peig h.tcto shr:ll hring rnt suit q adi@ .g8i!st .lolict for telic[ dccJeretory or otheroisq
r;c;ng out of this Agtccrncoq thc peveiliog party ehetl trrvr ead rcoct egri..t thc odrer P.ity, ir additi@
to dl court c6ts r|rd disbr:rscoeog such suu er thc Couc mey adiodgc to bc rcasooeble rttotleFr fecs'
(e) This AgtE !!.ot sbdl bc gworrcd by rod intcrgctcd iq eccotdracc wie thc lrrr of thc Stee of
Coloado.
,w
Peelof2
{ tl' f}'
. '1, ',,1 *
| ,/) *
{i
By
IN WIINESS IIHEREOF, 6c partics hcrcto brc crccrred ttb Agffit to bcmc cllcctivc as of tbc
&tc 6st writtca ebovq
Town ofVul,
eCrclodomiipal
Sua Zcnlcr, Toen M.org.r
ATTEST:
Lotclci Doeldsoo, Tova Clctk
Oqact:
Bctr To,wr Ooodoninium Alocierion, Iac- e
cotpontio duly orgrnizcd aod ;"dIrrg rmdcr bt virnrc of
6c hv: of Colmdo
SIATEOFCOT.oRADO )
)33.
COUNTY OF EAGI.E )
Tbc futgoiag ilrrrnocat wrr eclnowlcdgd bcbtcoc thb &l of
----------------
ry-W
Stro Zcralcr rr Toq'o Mrargct, of Ttc Towr of Vril' e Colodo ouaicipat otpo*bo, m bchalf of auch
coroontioa.
Wnncsr oy haad rnd of6cirl *rl
My co'nnission crpitcs:
-
SIATE OF
couNTroF-0qil9!
Te(cs
€et€ifrrlEe-)
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