HomeMy WebLinkAboutVAIL VILLAGE FILING 1 BLOCK 5C LOT L HILL BUILDING AKA HAUSERMAN 1988-1993 LEGAL75 south frontags road
vail, colorado 8I 657
(3031 475.7000
JuIy 13, 19Bg
Mr. Jay peterson
Attorney at LawP.O. Box 3l_49Vail, CO 91657
Re: Hill Building parking Situation
Dear Jay:
Xl., |ni" nI?l:l"n-and Environmenrat Commission meering ondu-Ly.J-r, 19BB, the discussion.regarding the HiLL auifaingparking situation culminatea in in agreement to hor-d a rneetingbetween members of the co*nnniiy oev6roprn"nt n"paitrnent staffand yourself as representative Lo Mrs. Hill. I wouldappreciate scheduling this neeting prior t; July";2. pr.easegive rne a car-1 so ttrit ". riv-".iraa"r. tnis rneeling as soon aspossible.
sincerrelyr__
I("( .(@,r"J
Rick Pylman
Town PLanner
RP: Kc
O rowNt)F vArL O ?-(
truspecrr3N qARD pERMtr No. A 4/
NAME Ltc.NTR
Owner:
General Contractor:
(MUST BE POSTED ON JOB S|TE)
Excavator:
Foundation:
Plumber:
Electric ian:
Mechanical:
Framer:
I nsu lator:
Dry Wall:
Painter:
Roofer:
CONTRACTOR NAMES AND LICENSE NUMBER MUST BE LISTED
INSPECTIONS
Excavation
Footings / Steel
Foundation / Steel
Ground Plumbing
Engineering (Utilities)
Temp. Electric
Rough Plumbing - D.W.V.
Rough Plumbing - Water
Rough Electric
Gas Piping
THE ABOVE TO BE COMPLETED AND
Bough Framing
Insu lation
Sheet Rock Nail
Exterior Stucco Wire Nailing
Final Plumbing
Final Electric
Final DRB
Fire lnspection
Final Engineering (Utilities)
Final Building
APPROVED BEFORE PROCEEDING
UPON FINAL APPROVAL OF ALL ABOVE INSPECTIONS, RETURN THIS CARDTO BUILDING DEP'T. FOR TSSUANCE OF CERTIFICATE OF OCCUPPANCY
$25.00 REPLACEMENT CHARGE FOR LOST TNSPECTION CARD
FOR |NSPECT|ONS CALL 476-7000, EXT. 235 0R 247
24 Hours In Advance
Between 8:00 a.m. to 4:30 p.e., Monday Through Friday
DISAPPROVED
DISAPPROVED
MRS. CORTI,ANDT T. HII-.L
Irtay 9, L988
To i,lhon ft fiay Conce:nr
Jaok J. Curtln wll-l aot ln ny behaLf asilAttomey ln Factn regard.lng subnl.eslon ofany documente necassa?y for the Tonn ofVatl and the HllL Bulldlng.
Should you heva any questlons please dlrectthan to hln.
SLncerely,. | |
W1{t{/
Blanohe C. EllI
oate olnlication May 23, l9BB
Date of PEC Meetinq
APPLICATION FOR EXTERIOR ALTERATIONS
OR MODIFiCATIONS IN COMMERCIAL CORE I
VAIL VILLAGE
I. P1 anning and Environmental Commission revjew is required for the alteration
of an existing building wh'ich adds or removes any enclosed floor area or
outdoor patio-or the replacement of an exist'ing building L0CATED IN THE CCI
DISTRICT. FOLLOI,IING PEC APPROVAL, THE PROJECT MUST BE REVIEI,'IED BY THE DRB.
The application will not be accepted until all information is submitted.
A. NAME 0F APPLICANT Blanche c. Hill
ADDRESS 311 Bridge Srreer, Vail co 81657
o
PHONE 476-ss42
R NAME OF
ADDRESS
APPLICANT' S REPRESENTATIVE Jay K. Peterson
P.O. Box 3L49, Yail , CO 81658
PH0NE 476-0092
C. NAME OF O|.INER(
STGNATURE(S)
ADDRESS 311
PHONE L76-\\r,2
D. L0CATION 0F PR0P0SAL: LEGAL Lor I, Block 5C, Vail Villaee Firsr
ADDRESS 311 Bridge Street,Vail c0 81657
PAID cK#
EEFORE THE COMMUNITY DEVELOPMENT DEPARTMENT WILL
II. PRE-APPLICATION .CONFERENCE;
A PRE-APPLICATION CONFERENCE l^lITH A PLANNING STAFF MEMBER IS STRONGLY SUGGESTED
TO DETERMINE IF ANY ADD]TIONAL INFORMATION IS NEEDED. NO APPLICATION WILL
BE ACCEPTED UNLESS IT IS COMPLETE (MUST INCLUDE ALL ITEMS REQUIRED BY THE
ZONING ADMINISTRATOR). IT IS THE APPLICANT'S RESPONSIB]LITY TO MAKE AN APPOINT-
MENT l,lITH THE STAFF TO FIND OUT ABOUT ADDITIONAL SUBMITTAL REQUIREMENTS.
PLEASE NOTE THAT A COMPLETE APPLICATION t,liLL STREAMLINE THE APPROVAL PROCESS
FOR YOUR PROJECT BY_DFf,R_TASING THE NUMBER OF CONDITIONS OF APPROVAL THAT
THE PEC MAY STIPULATE. ALL CONDITIONS OF APPROVAL MUST BE COMPLIED WITH BEFOREA BUILDING PERMIT IS ISSUED. THE FOLLOI,IING MUST BE SUBMITTED:
A. Improvement survey of property showing property lines and 'location of
building and any improvements on the land.
B. A list of the names of owners of all property adjacent to the subjectproperty INCLUDING PROPERTY BEHIND AND ACR0SS STREETS, and their mailing
AddTeSses. THE APPLICANT l..JiLL BE RESPONSIBLE FOR CORRECT MAILING ADDRESSES.
E. FEE $100.00
THE FEE MUST BE PAID
REVIEIII YOUR PR0JECT.
BY
OVER
O ccl
iII. Four (4) copies of a site plan containing the following information:
A. The site plan shal1 be drawn on a sheet size of 24" x 36" at a scale
Of I" = 20' SHOWING EXiSTING AND PROPOSED IMPROVEMENTS TO THE SITE. A
variation of the sheet size or scale may be approved by the Community
Development Department if justified.
B. The date, north arrow, scale and name of the proposed development
WITH ITS LEGAL DESCRIPTION shall be shown on the s'ite p1an.
C. The existing topographic character of the sjte including existing
and proposed contours. This condition will only be required for an
expansion area where there is a change of two feet of grade.
D. The existing and proposed landscaping, patios.
E. The locatjon of all existing and proposed buildjngs, structures
and improvements.
F. .A tjtle report to verify ownership and easements.
IV. THE APPLICANT SHALL SUBMIT IN I^IRITTEN AND GRAPHIC FORM A PREPONDERANCE
OF EVIDENCE BEFORE THT PLANNING AND ENVIRONMENTAL COMMISSION INDICATING
THAT:
A. THE PROPOSAL IS IN CONFORMANCE WITH THE PURPOSES OF THE CCI DISTRICT
AS SPECIFIED iN IB.24.O'IO.
B. THE PROPOSAL SUBSTANTIALLY COMPLIES I^IITH THE VAIL VILLAGE URBAN DESIGN
GUIDE PLAN REGARDING:
l. Pedestrianization2. Vehicle Penetration3. Streetscape Framework4. Street Enclosure5. Street Edge6. Building Height7. Views8. Sun Shade Consideration
MANY OF THE ABOVE ITEMS SHOULD BE ADDRESSED BY GRAPHIC MEANS, SUCH
AS SKETCHES, SIMULATIONS, MODELS (INCLUDING NEIGHBORING BUiLDINGS),
PHOTOS, ETC.
IF THE APPLICANT IS PROPOSING A MAJOR CHANGE TO THE VAIL VILLAGE URBAN
DESIGN GUIDE PLAN, THE PROCEDURE FOR CHANGES ARE NOTED IN SECTION
18.24.220(8).
C. THE PROPOSAL IS COMPATIBLE WITH THE CHARACTER OF THE NEIGHBORHOOD.
V. THE TOhIN OF VAIL ZONING CODE FOR CCI ALSO DESCR]BES OTHER ZONING ISSUES
THAT THE APPLICANT MUST RESPOND TO iN |/{RITTEN OR GRAPHIC FORM.
VI. THE ZONING ADMINISTMTOR MAY DETERMINE THAT ADDITIONAL MATERIAL IS NECESSARY
FOR THE REVIEI^J 0F THE APPLICATI0N.
VII. APPLICATIONS FOR EXTERIOR ALTERATIONS OR MODIFICATIONS IN CCI INVOLVING
MORE THAN lOO SQUARE FEET OF FLOOR AREA ARE ONLY REVIEWED SEMI-ANNUALLY. THEY
NEED TO BE SUBMITTED BEFORE THE FOURTH MONDAY OF MAY OR NOVEMBER. THE PEC
HOLDS A PRELIMINARY REVIEI^I SESSION I^JITHIN 2I DAYS OF THE SUBMITTAL DATE. A
PUBLIC HEARING SHALL BE HELD WITHIN 60 DAYS OF THE PRELIMINARY REVIEt,l SESSION.
APPLICATIONS FOR THE ALTERATION OF AN EXISTING BUILDING THAT ADDS OR REMOVES ANY
ENCLOSED FLOOR AREA OF NOT MORE THAN IOO SQUARE FEET MAY BE SUBMITTED AT THE
REQUIRED TIME OF THE MONTH FOR PLANNING AND ENVIRONMENTAL COMMISSION REVIEI^J.
Fori MoRE SpECIFICS 0N THE RTVIEW SCHEDULE, SEE SECTIoN 18.24.065 45.
VIII. Y0UR PR0POSAL hilll BE REVIEI^IED FOR COMPLIANCE WITH VAIL'S COMPREHENSIVE PLAN.
75 soulh fronlage road
yail, colorado 81657
(303) 476-7000
June 2, 1998
otllce of community development
Mr. Jay Peterson
Box 3l-49Vai1, Colorado 81658
,r-"'.,
Re : l_5i!,1 Building Basernent Addition
Dear Jay:
As per our conversation Thursday, June 2nd, we wiII need thefollowing information in order lo adequateiy review thebuilding permit application for the Hill ba-senent ad.dition.
L. A survey and Schedule B of a title report detailingeasements across that portion of the property. It is rnyunderstanding that there is currently a iratei line and -an
electrical line in prace in the viciiity. r would like toensure that construction does not encrolch upon anyplatted easements
2. A signed and starnped statement by a structural engineercertifying bearing capacity of the basement addition.This_ is required in oider Lo ensure Fire Department access!o.?11 points of the nill Building as well is otherbuildings in the vicinity.
3. Approval- frorn the u.s. Forest service for encroachment andstaging that r assume wilr take prace on Forest serviceIand.
Approval frorn vail Associates as adjacent property ownerto the north for access, excavation, encrolcninentl anaconstruction staging.
4.
The guilding Department, Fire Department, Public Works and
Cornmunity Development Departrnent wilt review this inforrnationas soon as it is subrnitted in order to issue this buildingpermit as expeditiously as possible.
Sincerely,
R.r ?y.^r^J
Rick $rfuuanTown Planner
RP: br
, NAME OF PROJECT:
LEGAL DESCRIPTION:
STREET ADDRESS:
OESCRIPTION OF P
The foilowing information is required for submittal
Board before a final approval can be fiven:
A. BUILDING MATERIALS: TYPE OF MATERIAL
Roof
S'i di ng
Other tlaII Materials
Fasci a
Soffi ts
lJi ndows
tlindow Trim
Doors
Door Trim
Hand or Deck Rails
Fl ues
FI ashi ngs
Chi mneys
Trash Enclosures
Greenhouses
0ther
o
IL
LIST OF MATERIALS
COLOR
u,
Jri(d f nq'color3 (f
by the appl'icant to the Design Review
-14vtr K 5frnontrt 6sas
facKCurltn 6-frq
(Ja-e-/Lt{
B. LANDSCAPING: Name of Des'igner:
pnone:
PLANT MATERIALS:
PROPOSED TREES
Botanical Name Common Name
EXISTING TREES TO
BE REMOVED
Quan'ity
ilzj
Si ze*
v
for conifers.
(over )
z* d rru -z l(
*Indicate caliper for deciducious trees.Indicate height
. " PLANT MATERIALS: Bot4q!q] llqlLe Common Name Quani ty Si ze
(con't)
SHRUBS
EXISTING SHRUBS
TO BE REMOVED
Type Square Footage
GROUND COVERS
SOD
SEED
TYPE OF
I RRI GATI ON
TYPE OR METHOD OF
EROSION CONTROL
C. 0THER LANDSCAPE FEATURES (retaining wa11s, fences, swimming poo1s, etc.) Please specify.
O - {/oile'ary
H;',,A*r^:J^h fu4*t*'64a./e-
#*7\D9{LI
DAe-0u'04-W
J4-t&,44 u4'if( ry *'er",,-{
0un4(C-r""**t n-A Eatr - lUsT
'/a ={+?oz l'F( l'/zaz K /b5s\ l'/+oz ft
la Pa-o - l?pd
o
Project Application ,., c1 'J/ /
AzTProject Name:
Project Description:
Contact Person and Phone
-JrL,/i (r,^ /,,,
Owner. Address and Phone:
Architect, Address and Phone:
Legal Description: Lot
Design Review Board
Date
Motion by:
Seconded by:
APPROVAL DISAPPROVAL
=,r,:,i /-'1a'l , r'1, !'t
Su mmary:
-s 6,/B 1;../(-.
Town Plan ner E statt Approval
Planning and Environmental ConnissionJuIy 11, 1988
2:15 PM Site vislts
3:00 PU Public Hearing
1. A request for exterior alteration at the HilIBuilding located on Lot L, Block 5C, Vail Village lstFiring.
Applicant: Blanche HilI
2. A request for an exterior alteration and for side and
l?_l:- streah setback variances in order to expand theTABLED existing dining room and add an exterioi deck at the
Up the Creek Restaurant located in the CreeksideBuilding.Applicant: Up the Creek Restaurant
3. A request to amend Section LA.52 of the l,tunicipal
Code regarding parking reguirements.Applicant: Town of Vail
4. Update on planning efforts for the 1989 World AtpineCharnpionships: Bob Krohn
o
CHRIS PAULSON
/A
tl *lrw{7
COLORA DO
HOUSE OF REPRESENTATIVES
5TATE CAPITOL
MAJORITY LEAOER
OENVER
1o203
866-2348
July 1, 1988
To Members of the Ggneral Assembly
and Interested Members of the Public:
In view of the disastrous drought that many sections of our country are currently
experiencing and in vjew of the current Colorado review of the need for water projecti
such as the Homestake II Project, the Thornton l,later Purchase Agreement, and the
Two Forks Water Project, there needs to be additional public debate about whetherour present water policy provides enough protection for this state from potential
drought and mismanagment. There is not only a national debate about water planning
and drought management, there is also a statewide debate about how best to allocateour own resources. Current state water policy is a complex body of law. That pol icy
addresses such topics as environmental mitigation, stream f'lows, nontributary ground
water, water compacts, and water conservation. Because that body of law is so complex,
some people,.overwhelmed by it's complexity, prefer to say that ihere is no waterpo'licy at al I .
_ Colorado is very fortunate. We have had a normal year of precipitation insteadof a devastating drought so that our water supply for this year'is adequate. }Je
have also had a temporary lull in our booming'iaie of growth so that we still have
adequate time now to plan for the provision of adequate irrigation and domesticwater supplies for the future renewed growth that will sureiy occur as a resultof the new ajrport and the attractiveness of the Co'lorado environment. tle havea chance yet this summer to have public review of the state's current water policyto ask whether it adequateiy protects us from drought, provides enough flexibilityfor meeting jncreased demands and provides adequate protection for t[e environment.
Please join me, Senator Tillie Bishop and Representative Scott Mclnnis, the
two chairmen of the Senate and House Agriculture Committees, for a pub'l ic forum
on whether or not the cument state water policy protects the future needs of thestate. The forum will be he'l d in the state capitol in the OId Supreme Court Chambers
cormencing at 9:00 a.m. on July 14th and will conclude by 4:00 p.m. l{e will attemptto allow for the max'imum amount of public participation within the constraints ofa one day meet'ing.
I hope you can join us.
Earry P. Daoiaon, Jr.
ff 3 Villa Valholla
VaiI, Ca 8fi57
June 29, 1988
The Planning and
Environrnental Conuiss ion
Town Of VaiI
75 South Frontage RoadVail, C0 8165?
Ladies and Gentlenen of the Board;
As an interested property owner in Villa VaJ.haIla, Iattended the public hearing on June 27th for the purpose ofobjecting to the proposed expansion of the Tivoli Lodge. Asyou know, there were a number of other objectors, some of whonattended the rneeting and others who were represented. Many ofthe people are absentee owners, such as ,y=.If, and I respect-fully urge the conmission to cone to a decision on this natterat the next hearing.
This proposal is of great concern to nany of us, whowiII incur no smalr inconvenience or expens" ii-we have toattend a protracted series of neetings. r certainry hope thatthe couni.ssion will be sensitive to a genuine need for post-poning its decision, as opposed to a strategy on the p.it ofthe proposer to wear out the opposi.tion.
Very truly yours,
f,.^^f .Qo'*
Harry P Davison, Jr
I) t-''
/,tarr<xl I Hd{1955oao.:$l ftcriU$\)orf: S-ar
c6Pbr\csrJ<:lq a'O+?-? tlldvvtot LJrttg-'t_
f-**:[PoJ Ff- +
TO:
FROil:
DATE:
RE:
Planning and Environmental Conmission
Conmunity Development Departuent
July 1-1-, 1988
A request for an exterior alteration at the HillBuilding located on Lot L, Block 5C, Vail VillageFirst FiJ-ing in order to construct a bay window onthe southeast corner of the building.Applicant: Blanche C. Hill
I.THE PROPOSAL
The applicant, Blanche C. HiIl, is requesting approval ofan exterior alteration in order to construct a bay windowon the southeast corner of the EiLI Auil-ding. The totalsize of the newly enclosed space is 225 sguare feet.
Because of floor and ceiling height considerations, aswell as bearing walls which must renain in place, the
window effeetively functions as a bay lrindow that will beutilized for retail dlsplay. Ttre addltion does notinclude space that is really accessible to the public as aretail addition. At present, the area of expansion isdelineated by a wrought iron railinq that encloses a small
Iandscape garden. The facade of tbe building, vhile it ison one of the most heavily travel.ed pedestrian routes inthe Village, does not present a strong connercialstreetscape element. The applicant feels that theaddition of the bay vindow will strengthen the streetscapeof the Hill building at the southeast corner.
This proposal also includes the continuation of theirnplementation of the Urban Design Guideplan Concept LOAinvolving the pedestrian walkway/plaza located to thesouth of the Hill buildlng.
IT. CO!,TPLIANCE WITH THE CCI CODE
The Conmercial Core I district is intended to providesites and to naintain the unigue character of tne vaitVillage commercial area with its mixture of lodges andcornnercial establishnents in a predoninantly pedestrianenvironment. The Connercial Core I district is intendedto ensure adequate light, and an open space, and otherarnenities appropriate to the permitted tlpes of buildingsand uses. The district regruLations in accordance with theVail Village urban Design Guideplan and DesignConsiderations prescribe site developnent standards that
are intended to ensure the naintenance and preservation ofthe tightly clustered arrangements of buildings fronting
on pedestrian ways and public greerufays, and to ensurecontinuation of the buitding scale and architecturalqualities that distinguish vail village.
This proposal is substantially in conpliance with theintent of the Commercial Core I zone district.
III. COMPLIANCE WITH THE URBAN DESIGN GUIDEPI,AN TOR VAIL
VILI,AGE
This proposal relates to Sub-Area Concept 1OA. This
concept refers to mountain gateway improvements anddescribes elements such as landscape screens, minor plaza,
and a pedestrian loop to I{aI1 Street. The area specifiedfor Sub-Area 1OA is on Land currently under control of theU.S. Forest Senrice. The Forest Service has indicatedthrough previous approvals that they will allowconstruction of this sub-area concept. The furtherirnplenentation of this concept through this proposalconsists of continuation of the brick paver surfacetreatment fron the staircase south of the HitL building,
wrapping around the building on the same radius as the bay
window, at a wj-dth of 10 feet.
IV. COT.fPLTANCE [{ITH THE ITRBAN DESIGN CONSIDERATIONS FOR VAIL
VILI,AGE
The purpose of the comparison between the proposal and theconsiderations is to show how the new designs strengthensor detractq fron the overall intent of the designconsiderations.
A.Pedestrianization: The proposed bay window at thesoutheast corner of the IIiII building is located inthe most heavily utilized pedestrian pathway in VailVillaEe. This narrow opening between the IIiIIbuilding and the Golden Peak House is the maingateway to the VaiI Village chairlifts. While all ofthe property between the HiII building and the Golden
Peak llouse is privately owned, thege is a dedicatedpedestrian easement that alLows transl"t betrreen thesetwo buildings to Vail Mountain. The proposed window
exSransion does extend to the very edge of thiseaEement. However, due to the existing wrought ironrailing, no further narrowing of the area will occur.Rather, the vLndows will sen/e to strengthen thepedestrian environment by adding transparency to theconnercial streetscape of the southeaEt.corner of theHilI building. The area currently consists of asnall landscape garden backed by blank building
B.
walls. The addition of the bay window enhances theconnercial aspect of this building, and we feel addsa conmercial vitality to the streetscape in thisportion of the Hill buildinq.
Staff does have minor concern with the proposed
awning treatnent that encroaches into the platted
easement. We feel that the awnings should be
displayed only in the summer, as they nay present apsychological feeling of narrowing this snallcorridor frorn the Village to VaiI llountain.
Vehicular Penetration: t{hile the addition of thedisplay window does not in and of itself create
additional parking or loading denands on the Hillbuilding, it does raise a related concern with the
Connunity Development Department staff. The HiIlbuilding contains a srnall garage used as parlcing forthe ttill building residence. There is often avehicle parked behind this garage door, extending
onto the public right-of-way and, in certain vantagepoints, into the view corridor. We feel that withthe amount of pedestrian traffic that goes by the
east elevation of the HilI building, this exteriorparking space is no longer appropriate in the centerof Vail Village. .This expansion should serve noticethat the exterior parking space on Town of Vailproperty will no longer be allowed.
Streetscape Franelrork: The Conrnunity Developmentstaff feels that the streetscape framework will be
enhanced by the addition of this bayldisplay windou.
The current southeast eLevations of the building donot lend themselves to the connercial streetscapethat is prevalent along the rest of Bridge Street.
The southeast corner of this building has nore of aresidentiaL feel to it than is found as one travelsalong Bridge Ftreet toward VaiI Mountain. I{e feelthat the removal of the parking space in front of thegaralte and the addition of the bay window wlllgreatly enhance the streetscape framevorh in thisarea of ttre Village.
Slfeg! Enclosure: The general area of the bay window
ffiarry ai in-filr belon existingdecks. There ls little application of thE street
enclosure criteria to this proposal.
Street Edqe: The bay window eleuent ties inarchitecturally witb the treatnent of the southwestcorner of the building. As the trindow srreeps atongthis pedestrLan way, rre feel it provLdes a positivestreet edge to the vallcway.
c.
D.
E.
"\
CAL '
Buildinq fleiqht: This proposal does not affect thecriteria related to building height.
Views and Focal Points: The pedestrian corridorffiing and-the Gorden Peak Houseis an adopted najor view corridor within the Totrn ofVail. This proposal is an in-fil1 below the existing
decks and does not encroach any further beyond thebuilding edge than the existing wrought iron fencing
surrounding the planter. While the addition does
encroach up to the very edge of the view corridor, it
does not encroach into the view corridor and,therefore, presents no negative impact.
The existing parkj-ng space behind the garage doesintrude into the view corridor. Elinination of this
u.se will irnprove the view.
Service and Delivegy: No Inpact.
Sun,/Shade:No Inpact.
V. ZOHING CONSIDERATIONS
This project consists of a cornmercial addition of 225 squarefeet. As most of it is a bayr/display window, the precedent inthe community has been that this tlpe of addition does notcreate a parking denand. The staff will need to review thedetailed plans and make a final judgernent 6n parkinginplications at issuance of building pernit,
VI. STAFF RECOMUENDATION
The Conmunity Developnent Department reconmends approvaL of theexterior alteration for the bay window expansi.on. We feel thatin general , although the bay window somewhat narrows thewalkway between the Golden peak flouse and the Hill Building,that the improvenents in the building facade and thestreetscape franevork make up for this encroachment and area positive addition to the Hill building. we sould. reiterateas conditions of approval the following concerns:
1. The exterior vehicular parking space behind theexisting garagte doors no longer be utilized.
F.
G.
H.
I.
f. C ^-- . - ^1_ EndE=sencrrt of thls shall be handled by the Vail\"'\\'4Q1'*4'/'t Police due to the space occurring on t6wn of Vailproperty.
2. The awnings be utilized during the sunmer only andshould not be in place during the ski season.
3. The ski racks that have been placed along the facadeof the Hill building in the past shall not be allowedthe length of the display window due to ttre narrowingof the pedestrian corridor.
4. That the applicant agree not to renonstrate againstany special improvement district that may be fornedwithin this area.
1.
APPLICANTIS STATEMENT
ADDENDUM FOR APPLICATION FOR EXTERIOR },IODIFICATION
The Proposal
The Applicant, Blanche C. HiIl, is requesting to construct a
bay window on the Southeast corner of the HilI Building.
Conformance with purposes of the CCL District.
It is stated in Section 18.24.010, Commercial Core OneDistrict, is intended to provide sj-tes and to maintain the
unique character of the VaiI Village Corunercial area withthis nixture of lodges, residential dwellings and commercialestablishments in a predorninately pedestrian environment.
The Commercial- Core One District is intended to insureadequate light, air, open space and other amenitiesappropriate to the perrnitted types of building and uses.
The District regulations in accordance with the Vail Village
Urban Design Guideplan and Design Considerations prescribethe site development standards that are intended to insurethe naintenance and preservation of the tightly clusteredarrangenent of buildings fronting on pedestrian ways andpublic greenways to insure continuation of the buildingscale and architectural qual-ity that distinguish the
Vi I Iage.
The proposed alteration centers around a minor addition tothe existing building which would allow increased visibilityat the pedestrian 1evel along the southeast corner of thebuilding. This proposal is in cornpli-ance with the intent ofthe Zoning for CCI_ District.
Compliance with the Urban Design Guideplan for Vail ViIIage.
This proposal relates to the Sub Area Concept LOA. This SubArea Concept refers to the Mountain Gateway irnprovements anddescribes eleruents such a landscape screen, minor plaza anda pedestrian loop to WaII Street. Ihe area specified forSub Area lOA is on land currently under control of theUnited States Forest Service. The current Forest Serviceposition on this property is unknown, however, in the pastit would not allow improvernents with regard to this Sub areaConcept. If Forest Service approval can be obtained,however, the applicant will connect the existing eastentrance to the Hill Building to the current pedestrian wayflanking WalI Street. This connection witl be constructed
3.
in brick pavers and wilL be conpleted upon finaldeterrnination of the Golden Peak House Building renovation.It would either be conpleted in conjunction with thatproject or would be completed on its own. The brick pavers
would form a line as shown on the site plan, however, suchbrick pavers will be carried out approxirnately ten feet fronthe building and will connect up to the partially conpletedpedestrian loop along the south side of the Hill Building.
Compliance with the Urban Design Considerations forVi1lage.Vai-1
A.Pedest,rianization. The proposed alterations wilLfurther facilitate and enhance pedestrianization
between the Hill Building, Siebert Circle and One Vait
Place by providing the cornpletion of a pedestrian loopfron Seibert Circle to Wall- Street pursuant to Sub Area
Concept 10A.
Vehicle Penetration. The proposed alterations providefor no additional points of vehicle penetration norwill the addition create more vehicular trips to CCl.
Streetscape Frameuork. To improve the guality of thewalking experience and give continuity to thepedestrian ways'as a continuous system, the proposedalteration will provide an infill commercial storefront on an existing building to create new commerciaLactivity along an area which has no street life orvisual interest. This is certainly a key locationgiven the proposed renovations to the Golden PeakHouse. Currently there is a blank brick wal} and astairway leading down to the basement which provides novisual interest from a pedestrian standpoint. Inaddition, it provides
J.oop to WaIl Street.
a cornpletion of the pedestrian
Street Enclosure. The proposed new addition is onestory in height with the balcony on top connecting tothe existing balconies on the east side of the buildingand also on the south side of the building. Given theproxinity and the relationship of the Golden peak Houseto the HiIl Building an external enclosure has neverreally forned as the distance between the buildingswill be much greater than the recom[ended one-half ioone ratio.
c.
D.
E.Street Edqe. The addition will provide a strong butirregular edge to the street as it will form a path
around the Hill nuilding to Wall Street. The existingbuilding along with the proposed alterations willprovide the irregular facade 1ines, canopies, buildingjogs, brick pavers and fandscaped areas (both at streetl-evel and by flower boxes on the upper levels) whichgive Iife to the street and visual interest forpedestrian travel.
Buildinq Heiqht. The naximum proposed height for theaddition is the existing balcony level on the east endof the building and approxinately two feet above a
second floor balcony on the south side of the building.
A11 proposed heights are weLl below the requirementsspecified in the Vait Village Urban Design Guideplan
and Design Considerations.
Views. The most significant and obvious view corridorshave been designated by the View Corridor Restrictionordinance vhich was adopted sometime ago by the TownCouncil. A view fron Seibert ci-rcle is a protectedview and the proposed addition wilt not encroach intothat view corridor. The existing planter box forms the
edge of the view corridor and our e:tpansion follows theoutline of the existing planter box.
while the addition does fill in the area which containthe planter boxes this view is basically under anexisting balcony and the minor intrusion into this areai-s warranted because the proposed. addition enhances andsatisfies the other categories of the DesignConsiderations in the best possible manner for the
Town.
The real objective of Seibert Circle and CC1 in generalis to present desirable and inviting commercialactivities and residential facilities in i channing andeffective building frarne. Canopies, awnings,Iandscaping and building extensions provided by theexisting Hill Building and the proposed alteration helpcreates a pedestrian focus which rnitigates the minorintrusion into a nonprotected existing view under anexisting balcony.
H. Service and Deliverv. The expansion has no irnpact onservice and delivery.
I. Sun/Shade Consideration. A sun/shade study shows noeffect on adjacent pieces of property.
fn summary as Vail Village Design Considerations state:
rrThe design considerations are inLended to serve as guidelinedesign parameters. They are not seen as ridged rules orcookbook design elements to bring about a homogenizesappearance in Vail.!l
The intention of the proposed alteration is to address the spiritof Vail as it exists an to enhance and extend that spiril byirnproving the commercial activities and pedestrianizltion orCornmercial Core One.
III
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o
TO:
FROI,,!:
DATE:
RE:
Planning and Environmental Conmission
Cornqunity Development Department
July 11f l-988
Proposed Anendrnents to Section 18.52 of the Municipal
Code pertaining to fees charged for parking
requirements in Cornmercial Core f and II.
In a recent work session, the Town Council directed the staff toinitiate an anendment to the parking section of the Zoning Code.Specifically, this amendnent involves increasing the rates
charged for new parking demand created by development in theViIIage and Lionshead areas. At the present time, the fees for
development in these areas are $3,OOO per comrnercial space and
$5,000 per residential space. These fees are established in theZoning Code within Chapter L8.52.
L4.52.160 B.5.
The parki-ng fee for uses listed in Section 1-8.52.1OO, withthe exception of dwelling units or acconmodation units,shall- be $3,OOO per space. The fee for dwelting units and
accomnodatj-on units shall be $5,000 per space. The TownCouncil wiII establish fee rates for uses not listed in
Section l-8.52.100.
These fees are established as an element of the zoning code, andas such, require Planning Cornrnission reconmendation to theCouncil before action on any ordinance to amend these rates.Your recommendations will be passed along to the Council whenthey consider this ordinance on first reading at their July 19th
meeting.
BACKGROUND ON THIS FEE
Provisions for paying in lieu of providing parking on site werefirst adopted in L9?3. This step rras taken to reduce vehiculartraffic in the Core, while at the same tinb assuring thatprivate development shoulder some of the responsibility ofproviding parking for these thro areas. lioney paid into theparking fund is used for the sote purpose of conducting parkingstudies or evaluations, construction of parking facilities, theqaintenance of parking facilities, the palment of bonds or otherindebtedness for parklng facilities, and ianinistrative senricesrelating to parking.
At the present tine, the parking fund has a balance of gZ6lrOOO
(as of L2/3L/87r. Following the palment of all currentaccounts, an additional gll3rooo will be paid into this fund.While exhaustive research was not conducted as a part of this
I
zoning amendment, the only substantial funds removed from theparking fund was approxinately g56,OOO for the purchase oflanding mats at Ford Park. aisuning no additionar vithdraws orpalments into this fund, the balance of this account wiII beapproximately $37s,Ooo in 1991.
The najority of projects that have paid into this fund has beensrnall rernodels and additions to existing properties in theVillage. While individually the nunber of spaces rrsoldn aresrnall, cumulatively the numbers are considerable. While thestaff has not kept a cumulative total of the spaces, it isestirnated that between l-oo to t-4o spaces have been provided bypayrnent into this fund over the years.
PROPOSED FEE INCREASE
The Town council has requested an increase to 9r.0,000 per spaceregardless of whether the use is commercial or residenlial .-This increase is based on the following assurnptions:
o Over time, the increnental increases in developrnentresults in an increnental increase in parking dernand.
o The private sector is responsible for bearing theresponsibifity of this increase of demand.
o The premise of not encouraging additional vehicletrips into the Core areas should be encouraged tomaintain the pedestrian experience.
o At the.present rates, the Town is essentiallysubsidizing development and the fees charged forparking spaces should be adjusted to more accuratelyreflect the costs of constructing structured parking
spaces.
o The proposed fee of gLo,OOO per space rras essentiatlyestablished by the Towrr Council. Their rationale foithis fee is based on a nunber of considerations.Forenost among these are the general assumption thatstructured parking spaces cost in the area of glO,OOOper space, that the estinated cost of the Vail VillageStructure addition is expected to be approxinately
$8,o00 per space (excluding landscaping, entry gates,and a fev other features), and tbe estinates of-constructing spaces in a new structure in downtownAspen range fron g12roo0 - 15,oOO (it should be notedthat Aspenrs new pay In Lieu progran charges glSroOOper space).
STAFF RECOMI.TENDATION
staff would reconmend approval of the proposed amendnents.while the actual dollar figir,rres could be debated, there isIittle doubt that the current charges are significantly lessthan cost involved in actually constructing parklng. btattagrees with the premise that the Tovn is no longer in a positionto be subsidizing parking denand created by private sectordevelopment, and would support the rate increases that areproposed.
Qr.rrrrinn and Enviror,r"r,a.t Q.rissionJuIy 11, 1988
Diana Donovan
Bryan Hobbs
Parn Hopkins
Peggy Osterfoss
Grant Rivasid schultz
Jirn Viele
The meeting riras called to order by the
1.A or exteriorlocatLIBlanchy'C. H
Rick Pylman explained th225 square feet. The staff recommendation was for -pproval
with 4 conditions, including the fact that the parkiir| spacethat- is.partly on Town property be rernoved, that the-aw-ningsnot be in place during the ski season, the ski racks should notbe allowed the length of the display lrindow, along with theusual stipulation that the appricant agrees not to renonstrateagainst any special inprovemEnt distri6t that rnay be forrned.
Jay Peterson, representing Mrs. Hill, agreed with the staff
Yilh th9 exception of the rernoval of the parking space. Hefert this was improper. ilay stated that in 19zs the staff feltthat this was the best place for parkinq space. He felt thatth9 5equested exterior alteration was rninoi and did not justifyelininating the parking space. Jack curtin stated that therewas room on the other side of the easement to park a car, aswell as other places on the property.
Mike staughton stated that sometimes he has seen the car parkedin front of some gardens, and added that sometirnes in thewinter tine there was a problem getting around the car.
Grant stated that he was not overly concerned about theparking, but he was concerned aboul what was going to happen atthe Gorden Peak House and the space between tne coraen peak
House and the Hill Building.
Peggy felt that the addition would make the retair nore visibleand wondered if there would be some way to have some winterlandscape to avoid_ the appearance of rnixing out every possibreinch of space on the proplrty. Jack statei ttrat if fre-put atree on the property, it would brock the view to the uroirntainand would be in a position to incur damage. peggy suggestedasking the Town to hand shover snow in tiat arei]' she-stated
PRESENT STAFF PRESENT
Peter Patten
Tom BraunRick lYLnan
Betsy Rosolack
chairman, Jin Vie1e.
at the Hill Buildin
was for a bay window of
that she had heard from others that the Town is allowing everyproperty to be rnaxed out, and just wanted to think of wiys to-pake the property look raore attractive. Jay replied th-at abay windou lras a little different from a raci< of- clothes wherepeopre salk and added that Mrs. Hirr continually upgraded thebuilding. Peggy stated that the buirding rooked viiy nice inthe summer but she wanted to pass on hei concerns.
Bryan Hobbs stated that he would like to see the ski racks goneand felt that the store would look stark in the winter,especiarry_with L-L/z stories. He felt that the parking spacewas in an inappropriate pIace. He asked if the space was onprivate property and was told it was about half on privateproperty and half on public.
Diana Donovan said she had mixed ernotions. she liked thesunmer facade, but not the winter. She adnitted that thebuiJ-ding was well kept up and appreciated the fact that Mrs.Hill would keep greens in trre r-t-ower boxes in the winter, butwondered what would happen when Mrs. Hill was gone. Shesuggested the window be reduced by half and the other half be aplanter. Diana felt the windows pushed too rnuch into thenarrow-area, and felt the irnprovement could be done just aseffectivery if the wall did not protrude so far. "lalk replied
!h?! _9tr" passage between the Hill Building and the Golden peakBuilding looked block off anyway.
Peter stated that the staff had looked at other options andfelt it would be a good idea if about 3 feet of glrden could. besaved as a compromise. Diana felt that this was ilnost rike theLionshead center, where the pEC did not allow the applicant tobuild out to the property line. she felt the desigir'neeaeamore work and that the car looked ,rtacky. rt
Jay stated that in trying to open up the whole area, keeping a2-l/2 foot planter in the surnrnlr alid not rnake much sense.Diana asked that one condition of approval be that the frowerboxes be filled with flowers in the-lunmer, Jack stated thatthey courd put greens in the flower boxes in the winter witnchristnas lights. peter sai-d that a condition of this type wasnearly unenforceable, Diana asked the staff whether or not theDRB should vote on this specific exterior atteration, and p.i"istated that the pEc would be approving the specific in..tg"--.r-presented.
Sid felt the reaL problern has been the parkinq; space. Theparking problem was discussed further. peter exilained that inL9'79.when the garage.was_moved, the HiI] Buildin| was given aconditional use perrnit with the condition that tio exiiling -
parking spaces on the east side of the building would beeliminated- Jack stated that there had been 3 spaces, and that2 were eliminated. peter asked for a written agieementpernitting the parking space outsid.e of the g.rig", and JayPeterson stated that they were looking for oie.
Pam agreed with the idea of the planters. she added that thedrawings did not, revear the exteirt the awnings protruded intothe corridor, and this was of concern to her] blcause thecorridor was 6 feet wide, but the awnings exiend.ed 4 feet.Peggy added that she also felt the awnings were a significantencroachment into the view corridor. pam fert there should besomething done with 1andscaping in the winter time, perhapswith barrels.
li1-v:,"I"_-agreed with the staff that the proposal did conplywith the urban Design Guide plan intent. Jii fert that theiewas enough history regarding the parking, space that the staffcourd work with the applicant on I retter -sorution. peterpointed out that witnolt a written agreement, it vras thestaff's position to enforce the rrno farkingrr on Town of VaiI'Iand. in the core. peter felt that tilis wai " .r"iy inportantissue related to the streetscape in tnis lrop";;i; and theparking is not appropriate in lhis area. -wiltrout a writtenagreement, the Town would enforce the parking 1aws.
Pam^moved to approve the reguested exterior alteration per thestaff memo dated Jgly r.r- lrith alr conditions except the onepertaining to parking. Bryan Hobbs seconded the inotion and thevote was 5-2 in favor.
The appricant asked to tabr.e this itern unt,ir July r.5. Hobbsmoved and Donovan seconded to table and the vote was 7-0.
2.
3.
est for an exterior alteration and for side andamstback variances order to and the ex stiom and add exterior deck at the Up the CreekRestat in the eekside Bu Id
1 cant:
Ar Section l-8.52 of Munici Coderrements
Town of Va I
Tom Braun explained that the council- had directed. the staff toresearch the cost of parking spaces and parking fees, andinitiate the process ior reis Lo be chanled fr5m g:,doo perspace for coumercial square footage and $5rooo per space fordwelling and accomrnoda€ion square footage [" Srb,oo0 per spacefor both. Torn asked for a re-conrnendati6n fron the pEc for the
:::":il:: q"1y 17th neetins. peter added that in roorin!-ai --
Ene lrnore code on parking, a number of revisions are needed. andthey would be addrlssed is part of the ,rp"".irl-parring ,i"av---and code revisions.
;ray Peterson fert that costs had gone up somewhat, but that hefelt it was not the intention for-the pirkirs i""i to pay thetotal cost of parking spaces. Jay staled tnit in-tne iait, irre
Creek Restaurant
t'
APPLICATION DATE:
DRB APPLICATION
*****THIS APPLICATION I^IILL NOT BE ACCEPTED UNTIL ALL INFORMATiON I5 SUBIIITTED****
I. PRE-APPLICATION MEETING:
A pre-appiication meeting with_a planning staff member is strongly suggested to
a-.ieirihi it uny aAaitionat inforination is needed. No application will be,accepted
unless it is compiete-(must include all items required by the zoning administrator).
it ia the appiicini.s iesponsibility to make an appointment with the staff to find
out aUout aAbitionat submittal ,requirements. Please note that a C0MPLETE appf ica-
tion will streamline the approval process for your project by decreasing the number
of conditions of approval that the'DRB may stipulate. ALL cond'i tions of approval must
be resolved before'a building permit js issued.
A. PROJECT DESCRIPTION:Addition of a bav window o he Southeast side of
B. LOCATION OF PROPOSAL:
Address
Legal Description Lot
Zoni ng Commercial Core One
C. NAME OF APPLICANT:
Add res s
NAME OF APPLICANT'S
\Address P.o. Box
Bl ock Filing
telephone 476-5542
D.
F
REPRESENTATIVE: J"v K. P"t"rson
3149, Vait, co 81658 te1 ephone 476-ooq2
tel ephone 47(t-5\t+z
The fee will be pa'id at the tjme a build'i ng permit is requested'
FEE
F.
NAME OF
Si gnatur
Address
DRB FEE:
VALUATION
$ o-$ lo,ooo
$10,001 -$ 50,000
$50,001 -$ 150,000
$150,001 - $ 500,000
$5oo,oo1 - $1,ooo,ooo$ Over $1,000,000
IMPORTANT NOTICE REGARDING ALL SUBMISSIONS
$ 1o.oo
i ^F ^^) 45.UU((nnnrt, sv rvv
$100.00
$2oo. oo
$300.00
TO THE DRB:
1. In addjtion to meeting submittal requirements, the applicant must stake the site
to indjcate property iines and building corners. Trees that will be renoved
should also be inart<-ed. This work must be completed before the DRB vjsits the
site.
2. The revjew process for NEl,l BUILDINGS will normaily involve tlo separate meetings
of the Design Review Board, so plan on at least two meetings for their approval.
3. People who fail to appear before the Design Review Board at their scheduled
m""ling and who have'not asked for a postionement will be required to be
republ i shed.
Street. Vai
ADDENDIJM ?O APPLICATION
Addresses of Adjaent property Owners
1.
)
6.
Vail Associatesr.u. box I
Vail, CO 81658
Plaza Lodge, Inc.
c/o Clark Willlngham
300 Crescent Court
7th Floor
Da1las, TX 75201-L84L
Golden Peak House
278 Hanson Ranch Road
Vail , CO 81657
LazTer Arcade
c/o Bob Lazier
P.O. Bax 627
VaiI, C0 81657
Edwin C. Whitehead
15 Valley Drive
Greenwieh, CT 06830
Red Lion Condomlnium Association
c/o Richard Brown
t7B0 S. Bellaire Sr.
Suite 106
Denver, CO 80222
.:t - zz 37
Orro, Pnrnnsox & Posr
FREDERICK 5. OTTO
JAY K. PEIE RSO N
WI LLIAM J. POST
WEND E LL B. PORTERFIELDI JR'
POSI OFFICE BOX 3 r49
vArL, cor,oEADo ar65a - 31.49
VAIL NATIONAL BANK BU ILDIN G
(303) 476-OO92
FAX LIN E
(303) 479-0467
AT LAw
March 8, l-989
Peter Patton
Town of Vail Planning Departrnent75 S. Frontage RoadVaiI, CO 8l_G57
RE: Design Review Board Approvalfor Bay Windoru on South East corner ofthe Hill Building
Dear Peter:
Pursuant to our conversation and pursuant to section 18.54.L1_0 ofthe Town of Vail Municipal code r would reguest that our approvalwhich was given by the besign Review Board-on Aprir 17, rg6-e reextended beyond the one year deadline as we will not be doing theconstruction untir the surnmer of 1990. r would ask that ourapproval be extended so that we may start construction on orbefore,June L, 1990 as no zoning rEvisions or amendments to thevail village Guiderines have been enacted which would alter thecondition of our approval pursuant to the requirements of section18.54 . 1-10.
If this meets with your approvalacknowledging this letter belowconvenience.
I would appreciate you
and sending me a copy at your
contact me at my office.If you have any questions please
eterson
CONSENT BY TOI{N STAFF
Pursuant to section LB.s4.Li-o the above described Design ReviewBoard Approval is hereby extended to June 1, l_990,
ncerely,
Peter Patton, Town planner
o
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TO:
FROM:
DATE:
SUB.IECT:
llEuoRANpul,f
Peter patten
Ken Hughey, ChieOctober 2, L9S9Hill Buitsing parking
olice
Ron Riley has ind,icated that he feels the vehicfe(i-) parkingon the easr end or the airi-s;irii.ng-ri;-ri;r";;'cne sarase;are there irleqarrv' H;-i; iJ&l!"ti"d tirii-r"wi-or Vair srarrrnvestigate the siluation u"a-i"Jpond to his concern.
'ursffilm,^ff#ffirtul
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A letter dated FeEEEEy-€l 199i-, frorn you, Jack, representingHill, gives permission to
on this ttskier access.rt
the Town for maintenance vehi-cLes
As this pertains to Special Events perrnits issued by the Town ofVail , the Town will nake clear to any applicant that access to theVlsta Bahn area rnust be accomplished by rneans other than thispedestrian access path.
Should you have any questions, Jack, please do not hesitate tocontact ne. Thank you again for bringing this t,o the attention ofthe Town.
Sincerely,
TOWN OF VAIL
Pamela A. Brandmeyer
Assistant to the Town Manaqer
cc: Vail Associates, Inc.
Steve Lorton
Jffi;rM*t'
U
TOWN OFVAIL
75 south frontaga road
vall, colorado 81657
{3031 479.2136
office of the town clerk
March 4, L99L
Jaclc J. Curtin
311- Bridge StreetVail, Colorado 8L657
fla: r .T: r. ll
This to confirm in writing our discussion fron last week regardingthe easeraent between Vail Associates and Mrs. HilI for the propertyat the south end of Bridge Street, commonly referred to as thettskier access . rl
Upon review by our staff of the original recorded deeds, the Townaffirns the easenent for use of this path exi"sts between Mrs.Blanche C. Hill and Vait Associates, Inc. This easement |tshall befor the rights of inqress and egress for use@
o
\J
,sry..-*
MRS. CORTLANDT T. II II-, L,
I'ebmary 1991
Mr. 3on Ph1111ps
Manacer
Town of Va1l
75 S. Front4ge Rd.Vat1, CO. 81657
Dear Ron,
Mrs. Hlll has dlrecteC l-- to brlnq a problel
before you concernlng vehlcles parklng lnthe lr1sta 3ahn Area for Speclal lvents.
Thls letier wl11 nottfy the Town of r/a1l
Adnlrlstratlve Staff there w111 be llQvehlcles allowed to cross over Hrs. .I{111rsland between the 5111 3u11d1ns and the
Golden Peak House Bu11d1ng also knorfit asthe rrskler Accessil orilBlke path'rlo the vl sta
Bahn unless pertatnlng to Vall Assoclates
Malntanence or Town of Va1I l{alntanenceVehlcles. fn essence, trllo t/ehlcu1ar Parktngln ConJunctlon wlth the fssuance of Speclal
Events Pernlts ln the 'ftsta 9alur Area".
The conJestlon of skler trafflc and crarnped
spe.ce does not keep !{rs. 11111 fron trPersolal
Llab1lLtytr should an tncldent'occure wlthparked vehlcles or tenporary obst:ructlonswhlch cross her 1and. Further, f nust add,the Forest Servlce 1s very sensltlve to
th1.s klnd of actlvlty, and lts Mlsuse ofFubllc Lands.
ffigOFEB 121991
o
P1ease dlrect your Staff to no Longer
approve thts aetlvtty. r,forklng wlth you
1n a posltlve way, Selbert C1rele or Earlgston Plaza are aress for thls type of
actlvlty to occure.
Thank you.
Curtln
SlncerelY,
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rn of general PrcPcrlY iaxel for
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TO:
FROM:
DATE:
MEMORANDUM
Planning and Environmental Commission
Community Development Department
November 11, 1991
A request for an exterior alteration in Commercial Core lfor Vail Ski Rentals
the Hill Building, 254 Bridge StreeULot L and Part of Lot c, Vail Village First
Filing.
Applicant: Blanche C. Hill
Planner: Shelly Mello
I. DESCRIPTION OF THE REOUEST
The applicant is requesting an exterior alteration in order to relocate the existing doonray
facade, of the western entrance ol Vail Ski Rentals, 9'-2' to the west of the cunent
The relocation will enclose 99.2 sq. ft. of what currently serves as an exterior entrance.
II. ZONING CONSIDERATIONS
The following summarizes the zoning statistics for this exterior alteration request:
A.
B.
of
c.
D.
Zone District:
Lot Area:
Site Coverage:
Parking:
Commercial Core I
Lot L:
Parl of Lot c:
TOTAL:
5,532.12 sq. ft. (.127 acre)
2,874.9 sq. ft. {.066 acre)
8,407.08 sq. ft.
No change due to existing building above
The applicant will be required to contribute to the T
Vail parking fund. (99.2 sq. ft./300 sq. ft. x. $8,000
spdco = $2,645.33)
ilt.COMPLIANCE WITH THE PURPOSE SECTION OF COMMERCIAL CORE I
18.24.010 Purpose:
'The Commercial Core I District is intended to provide sites and to maintain the unique
character of the Vail Village Commercial Area, with its mixture ol lodges and
1
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commercial establishments in a predominantly pedeslrian environment. The
Gommercial Core I District is intended to ensure adequate light, air, open space, and
other amenities appropriate to lhe permitted Upes of buildings and uses. The district
regulations in accordance with the VailVillage Urban Design Guide Plan and Design
Considerations prescribe site development standards that are intended to ensure the
maintenance and preservation of the tightly clustered anangements ol buildings
fronting on pedestrian ways and public greenways, and to ensure continuation of the
building scale and architectural qualities that distinguish the Village."
The proposal is in compliance with the purpose section of the Commercial Core I zone distict.
me iOdition will improve the commercial vitality of the area while preserving the visual
interest of the building.
There are no concepts of the Urban Design Guide Plan which specifically relate to this area.
Pedestrlanlzallon:
lv.
V.
The addition will not impact the pedestrian llow in the area. The relocation of the entry
facade will serve to strengthen the pedestrian environment by adding transparency to
lhe commercial streetscape. The relocation of the entry facade enhances the
commercial aspect ol this building and we leel it will add commercial vitality t0 the
streetscape in this area.
B. Vehlcular Penetration:
The addition will not create a demand for more vehicular trips in the Village core area'
The Hill Building contains a one-car garage on the east side of tre building used as
parking for the ttitt auiHing residence. There is often a vehicle parked in front of this
garage door, extending onto the public right-of-way. Staff feels that.with the large
imount of pedestrian tiaffic in this area, this exterior parking space is no. longer
appropriate in the center of Vail Village. This has been a long standing issue with the
Town'and the property owner. Afteriesearching the issue further, the staff finds no
documentation'wnicn albws this use on Town land. In 1988, the staft made the
removal of the space as a condition of approval for an exterior alteration request on
the east side of ine buitOing. The PEC approved the exterior alteration request by a
vote of 5-2 without the condition addressing the parking space. The. stiatl finds that'
with the aO6[tion ot the Vail Village Master Plan and the pending adoption of the
Streeiscape Master Plan and the Master Transportation Plan, which f call for a
decrease in vehicular traflic in the Core, and improved pedestrianization, that fie use
of public land lor personal parking is not appropriate.
t'
C, Streetscape Framework:
The proposed alteration will have a 12-inch recess from the face of the building.
D. Street Enclosure:
Because this request involves a relatively small infill of an existing structure, the
proposed infill does not change the proportions of street enclosure for this area.
E. Street Edge:
The alteration will infill a current void space in the building facade. With the 12-inch
recess trom the building face, visual interest will be maintained and the streetscape will
be improved.
F. Bulldlng Helght:
There will be no change to the height of the building.
G. Vlews and Focal Polnts:
There will be no impact to the views of this area by this alteration. However, when a
vehicle is parked in front of the garage located on the east side of the building, the
vehicle would encroach into View Corridor No. 2. The staff finds that this impact is not
necessary and should be permanently eliminated. We recognize that this issue is
independent of the infill project. However, in reviewing this project, we feel hat it iS
important to consider this situation and make efforts to improve the Village core and
implement existing plans and programs.
H. Servlce and Dellvery:
There will be no impact on this criteria.
l. Sun/Shade:
There will be no change to the existing sun/shade patterns by this alteration.
VI. COMPLIANCE WITH THE VAIL VILLAGE MASTER PLAN
Goal #3 - To recognize as a top priority the enhancement of the walking
experience throughout the village.
3.1 Oblectlve:
Physically improve lhe existing pedestrian ways by landscaping and other
improvements.
a
3.1.3 Pollcy:
Flowers, tree-s, water features, and other landscaping shall be
encouraged throughout the Totrn in locations adjacent to, or visible
from, public areas.
Staff finds that the applicant should adct landscaping in the area of the addition
in order to improve the existing pedestrian way. The staff recognizes and
applauds tne
'appticant's current efforts in seasonal landscaping and decoration
oi the Hill Bui6ing. However, we leel that wih this approval, permanent
landscaping areai should be adcled in this area. This landscaping should either
be in the form of a tree $rith grate, as shown in the attached slevauon' or a
planter below the existing bay windorn to the nonh of the requested alteration'
as shown on the site Plan.
3.2 Oblectlve:
Minimize the amount of vehicular traffic in the Village to the greatest extent
possible.
3.2.1 Policy:
Vehicular trailic will be eliminated or reduced to absolutely minimal
necessary levels in the pedestrianized areas of the Village'
As mentioned previously, the staff leels that with increasing pedestrian tratfic
and the efforts being taken to eliminate vehicular Ualfic in the Village core area'
the ongoing parking on the east side of the building is not appropriate.
VII. STAFFRECOMMENDATIONS
The staff recommends approval of the request to enclose 99.2 sq. tt. of commercial space
with the condition mat additionat landscaping, either in the form of a tree with a grate as
shown on the etevation, or a planter box'below the bay window, be installed prior to the
issuance ol a Temporary Ceriificate of Occupancy for the project. Statf finds it is not
appropriate to require ai a condition of the approval of this request, that the ongoing parking.
on the west side of the building be discontinued through this review process' However, we do
feel that the issue should be addressed, and that the PEC should make a formal
recommendation to the Town Council regarding the use of Town land in the Village core for
personal parking.
The staff finds that if the landscaping condition of approval is met, that the request will meet
the issues addressed in the Town oiVait Comprehensive Plan, including the Vail Village
Master Plan, Urban Design Guide Plan, and the pending Streetscape Master Plan and
iranjportation plan. We-feel that, in general, the alteration will increase the transparency of
the building facade and improve the commercial vitality of the area.
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Present
Chuck Grist
Diana Donovan
Ludwig Kuz
Kathy Langenwalter
Jim Shearer
Gena Whitten
Absent
Connie Knight
I
PI.ANN ING AND ENVIRONMENTAL COMMISSION
November 11,1991
Staff
Kristan Pritz
Mike tvlollica
JillKammerer
Andy Knudtsen
Shelly Mello
Betsy Rosolack
Larry Eslcwith
The worksession was called to order by Chairperson Diana Donovan at i:35PM.
1. A request for a worksession to discuss a conditional use p€rmit to allow a seasonal
olant oroducts business in the Heaw Service Zone District.
Aoolicant: Richard Dillino/Richard MatthewsPlanner: Jill Kammerer
Jill Kammerer explained the request, and asked applicant Richard Matthews to respond to the
"items for discussion" from the staff's memo. Mr. Matthews distributed a portion of the survey
for the area, and indicated the trailer would be a regular 8' x 20' sales trailer which he
currently owned, with the purpose being to keep the sales attendant warm. The sales area
will be secured by a 4' high snow tence. The lighting for the area would be 100' long strings
of white "Christmas lights'with light bulbs every 10 feet and larger light bulbs at each fee.
Mr. Matthews explained these lights are sold by Christmas tree business wholesalers. No
more than 40 trees would be on the lot at any one lime. The business would be open from
November 25 to December 24, and the hours of operation would be 10:30AM-7:B0pM.
Kathy Langenwalter asked if the lights would be turned ofl when the business was ciosed.
Mr. Matthews said they might possibly leave on one string of lights for security reasons.
Flegarding signing for the business, the applicant proposed using a banner, which he
illustrated by showing pictures to the Commissioners. Mr. Matthews estimated the size of the
banner/sign was approximalely 2 feet by 12 feet or 24 square feet. The wording for the
banner was "Christmas Trees". Slaff informed the applicant that the ma,rimum size the sign
could be in this zone district was 20 sq. ft. and that allowable sign size was based upon the
lineal frontage of the business.
Chuck Crist asked if music would be played during the hours of operation. Mr. Matthews was
not sure.
Jim Shearer asked when the trailer would be removed from the site. Mr. Matthews replied it
would be taken out the day after Christmas. Jim was concerned about storing 'lunk,' (like
saw-horses or trees, which did not get sold). On site, particularly in the area behind the
I
trailer, Mr. Matthews repeated he would only have 40 trees on the lot.
Richard indicated the trees to be sold would be attached to rebars which had been pounded
into the ground. ln response to a question from Chuck Crist, Richard indicated the banner
would be attached to the trailer,
The state requires the trailer be set back 50 feet from the North Frontage Road right of way.
Based on the site plan, it appeared the sales trailer would be approximately 50 feet from the
road. Gena Whitten believed it looked a little 'tight." She requested the rest of the survey be
presented. Kathy was concemed about knowing where the property line was, so that the
Commission would know where the trailer was actually proposed to be located and to insure
the business was located entirely on West Vail Texaco property and not in the state right of
way or on adjacent property. Kathy also asked how the fence would be stabilized. Mr.
Matthews said it would be attiached to T-posts by black ties.
Diana Donovan believed it was important that everything be located on Mr. Matthew's
propefi, and that the trailer be removed as soon after Christmas as possible. Diana
suggested all material be removed from the site by December 26th. Mr. Matthews stated he
had no intention of leaving anything up after Christmas but he was reluctant to committing to
removing everything from the site by December 26th as inclement weather could make it
impossible for him to comply with this deadline.
Jill reminded the PEC that based on Ordinance 43, Series of '1991 which will allow plant
product businesses in the Heavy Service Zone District, ihe site must be cleaned with 72 hours
of the date the conditional use permit expires.
Kathy asked that the fence be kept in a straight, vertical position. She thoughl it would be
nice if the trailer had a red door.
2. A request for a worksession for a conditional use oermit for an outdoor dinino Datio for
the Gallerv Buildino (Flussell's Restaurant). located in the Commercid Core lzone
district, 228 Bridoe Streeua part ot Lot A. Block 5, Vail Villaqe First Filino'
Aoolicant: Ron Rilev/D.R.R., lnc.
Planner: Mike Mollica
Mike Mollica presented the request. As this was a worksession, no staff recommendation was
given, but staff raised several issues for discussion. Applicants Ron Riley and Mike
Slaughton were present for the discussion.
Ron Riley pointed out that the deck would only be used for 90 days in the summer, and did
not believe it would obstruct views on Bridge Street. He believed a summertime
encroachment of 2'-1 172" was minor, stressing the fact that lower Bridge Street was "sterile,"
and that the dining deck would add interest to the area. He believed that, due to the
popularity ol outdoor dining, a restaurant was almost required to have a dining area outloors.
Mr. Riley advocated the deck since otherwise there was no visual penetration into the Gallery
Building, and because of that, people could not tell there was a restaurant contained therein.
Ludwig Kun was concerned about narrowing Bridge Street, stating it was easily one of the
most congested areas a great deal of the time. He was not convinced this was the best use
of public land. Mr. Riley reminded the Commission that this request was only for a 90-day
period each summer. He explained that, in the summer, people walk more slowly than in the
winter.
Jim Shearer was concemed with the use of public land. He wanted to get Pete Burnett's
opinion on cleaning the streets. Mike said he had spoken with Pete, and Pete indicated that,
if the deck was in place, the south end of Bridge Street would require hand sweeping. Ron
Riley said he distance across Bridge Street would be 13 feet. Mike Straughton said the Town
did not clean the streets every week, but only 2-3 times per summer. Mr. Riley said he could
build the deck so it could be removed for street sweeping.
Jim discussed the sterility ol that end of Bridge Street. He asked what the Town of Vail would
gain from the proposal, and suggested Mr. Riley could do something to make the area more
inviting.
Chuck Crist agreed with Ron Riley regarding the sterile look, and liked the concept of a
removable deck. He was concerned with the loss of two Town of Vail planters, as well as the
bench between the planters. He indicated the bench had frequent use. Chuck also was in
favor of narrower streets and the proposed rekord doors.
Ron Riley was frustrated because no service trucks were allowed on this end of Bridge Street,
and indicated the upper end of Bridge Street became much more restricted when service
lrucks were making deliveries than his proposal would make the area.
Gena Whitten believed that this was an important entrance to the town, and Mr. Riley could
achieve the transparency with a 3-foot wide deck and rekord doors, which would have the
feeling of an outdoor deck without going onto public land. She felt this was very valuable
space.
Kalhy agreed with Ludwig and Gena, stating that rekord doors would give better exposure to
the outside and better planters could be designed. Kathy could not support the construction
of a deck on public land, not wanting to further constrict the area. Ron Hiley indicated the
location of the restaurant's restrooms created an interior constriction, and rekord doors alone
would not achieve his objectives.
Diana could not support a deck on public property, but suggested pulling back the deck. Jim
could also support such a revised proposal. Jim reminded the Commission that lhe Town was
running out of Village restaurants, and believed undulation on that side of the street was
important. He strongly supported retaining restaurants in the Village core areas, especially
restaurants at street level. However, in this particular situation, he was concerned about
potential bottlenecking.
Ron Riley indicated he would investigate other possibilities to ensure he did not restrict the
area and would look for a proposal which would enhance the area. He suggested a 90-day
trialbasis.
Chuck supported this use for public land, as it would increase the vitality of an area which was
currently "ugly and dead.
Mike Mollica summarized the Commission's position and stated some of the members had
ditftculty in supporting this use of public land.
1. A request to amend Section 18.52. Off-Street Parkino and Loadino. of the Town's
zonino ordinance to allow car rental businesses to lease parkinq spaces in the
Commercial Core lll zone district.
Aoolicant: Peler Jacobs of Davs lnnPlanner: Andv Knudtsen
Andy Knudtsen presented the request. Staff supported the proposed amendment.
Chuck Grist asked it this amendment would allow more than one ag€ncy per property. He
asked lor a simplification of the wording.
Diana Donovan was concerned with the wording regarding the term of the lease. She
requested that section be simplified. She believed landscaping should be required. Kathy
Langenwalter did not think an amendment addressing landscaping would be necessary, as it
was addressed in the parking section of the code. Andy pointed out that the parking section
dealt only with new parking lots. Diana believed the Town should have the ability to require
additional landscaping for this tlpe of use.
Chuck Crist moved to recommend that Town Council approve the request to amend Section
18.52, Off-Street Parking and Loading, of the Town's zoning ordinance to allow car rental
businesses to lease parking spaces in the Commercial Core lll zone district, incorporating the
Commission's concerns into the ordinance regarding the ability of the Town to require
landscaping, allowing the length of lease to range from 1-12 months, and limiting each
property within CClll to a maximum of one agency wiih a maximum of 15 cars. Jim Shearer
seconded the motion. lt was unanimously approved, 6-0.
2. A request for a conditional use permit to allow a well water treatment facilitv in the
Aoricultural/Open Soace zone district. oenerallv located south of the Vail Goll Course
bridoe on Vail Valley Drive. and more soecificallv described as follows:
To be located within 100{oot radius from a point on the rioht bank of Gore Creek
whence the northwest corner of Section 9. Townshio 5 South. Ranoe 80 West. 6th
P.M. bears North 73 deorees West, 2.080 feet.
Applicant: Vail Vallev Consolidated Water Distric{
Planner: Mike Mollica
Mike Mollica explained the request. Staff recommended approval of the request with the
conditions listed in the memorandum.
Discussion ensued regarding whether the proposed structure should become a shelter lor
golfers or a utility building which disappeared into the willows. Kent Rose, engineer for the
project, indicated the proposed building was 14' x 24', and lhe size was necessary in order to
properly treat the water. He indicated the willows would not be disturbed. He thought that fre
proposed building could eventually take the place of the existing shelter.
Diana Donovan asked if the proposed building could be further hidden. Kent said the size
could not be reduced, but it could be pushed further from the road into the willonrs without
disturbing more of the site. Diana visualized a large utility building with a cart path cut into the
willows. She prelerred to have a square, concrete building in the willows without a cart patr.
Kent said the parking space could be minimized and placed to ensure no U-tum would be
needed. Diana asked about trenching across the creek. Kent said a pipeline would cross the
creek approximately 5-6 feet under the stream bed. A rock drop structrre could be
incorporated into the design.
Chuck Crist asked if the roof could be flat if no overhang were built. Kent said it could.
Ghuck agreed with Diana in that the current goll shelter was adequate, and he would prefer to
have this structure more hidden. Gena whitten concurred with this preference.
Ludwig Kuz preferred to see rock rather than wood for siding.
Jim Shearer telt it was important to minimize the pull-off area, and perhaps rather than paving,
gravel or chip dnd seal could be used. Kent replied gravel could be used. Jim did not
support the large overhangs. He suggested putting the building into the willows with a path.
Diana believed, if they were careful, the willows in the tront of the building could be
maintained. She did not like the idea of carts coming out onto the road, and did not want to
see the building become a golf shelter. Kent said they could talk with the Vail Recreation
District. He thought they might be willing to leave the cunent golf shelter intact.
chuck believed adding a rock drop structure in the creek would add interest.
Kathy Langenwalter moved to approve the requesl for a conditional use permit to allow a well
water treatment facility in the Agricultural/Open Space zone district, generally located south ol
the Vail Golf Course bridge on Vail Valley Drive, and more specifically described as follows:
To be located within 1O0-foot radius from a point on the right bank of Gore
Creek whence the northwesl corner of Section 9, Township 5 South, Range g0
West, 6th P.M. bears North 73 degrees West,2,0g0 feet.
The motion wab made per statf's memo, with the following conditions of approval:
1. Change the roof to a flat roof with no overhangs;2. The pull-off parking space be minimized insize and have a gravel surface;3. A rock drop structure be placed in the creek;4. The existing willows shall be maintained wherever possible; and5. Move the building further east from the road.
Jim Shearer seconded the motion. lt was approved, 6-0.
3. A request for a conditional use permit to allow for the sale of used cars. Vail 66
Service Station. 2293 N. Frontaqe Road West. oenerallv located at the northeast
corner of Chamonix Road and North Frontaqe Road. Tract A. Collins-Wirth
Subdivision.
Aoolicant: Garrett and B.J. SmithPlanner: Jill Kammerer
Jill Kammerer presented the request. Staff recommended approvalwith the five conditions as
listed in staff's memo. In addition, an additional sales space had been identitied by staff on
the east side ol the property on the east side of the eastem most North Frontage Road
access drive (see memo). Staff supported the use of this area to park cars which are for sale.
With the identification of this space, a total of five potential tor sale parking spaces have been
idenlitied.
Garrett Smith, the applicant, did not understiand how landscaping and screening a dumpster
related to selling cars. Diana Donovan explained that those conditions would, in part, mitigate
additional uses and would improve the appearance of the site.
Garrett informed the Commission that the "For Sale" signs which can be purchased at any
hardware store are '1 square foot in size. Garrett proposed to purchase these 1 foot square
signs and place them inside the autos to advertise the sale of the automobiles and believed
he should be allowed to have two signs. Kathy Langenwalter agreed with statf's position to
only have 2 sq. ft. of sign area per vehicle, but did not feel uncomfortable with having two 1
square foot signs. Gena Whitten agreed, but wanted to ensure the signs would be the
standard, manutactured signs and not'gaudy."
The consensus of the Commission was that one for sale car could be located on the gravel
area east of the eastem North Frontage Road access point.
Chuck Grist had no ditficulty with allowing two 1 square foot signs or the identified auto sales
parking areas. Regarding landscaping, he was nol as concemed with landscaping behind the
building, as he was with the landscaping of the southwest corner of the site. Garrett replied
he planned to do some work on the 'island", at the southwest corner of the site and at hat
time he would incorporate the screening of the existing dumpster.
Jim Shearer agreed to allowing two 1 square foot signs per car so long as both signs were not
in the same window. He asked Mr. Smith it there would be any additional means ol
identilying the cars for sale, such as balloons. Ganett replied he did not intend to use
balloons, and did not intend to use dancing girls, either. Jim encouraged additional
landscaping. Garrett stated he would pursue the option of placing an entrance statement,
such as "Welcome to the Town of Vail'. He agreed to landscape the island and enclose the
dumpster.
Ludwig Kuz believed two signs per car was acceptable. He concurred with Jim's concerns.
Diana requested the applicant install the three 6 foot evergreen trees at the northwest comer
of the site as suggested in the statf's memo. She suggested staff work with the applicant to
give direction for landscaping the southwest corner of the site. Kristan Pritz asked for
clarification from the PEC as to what direction they hought would be appropriate. Diana
believed a manicured landscaped area was appropriate. She further stated she believed any
planting should be lower evergreens but these shrubs should be of sufficient height to 'poke
above'the snow. Ganett agreed, but suggested the berm be lowered and low shrubs which
would not hide the building. Diana emphasized the need for additional landscaping in the
area between the light and the dumpster.
Chuck Crist moved to approve the request for a conditional use permit to allow for the sale of
used cars, Vail 66 service station, 2293 N. Frontage Road west, generally located at the
northeast corner of chamonix Road and North Frontage Road, Tract A, collins-wrth
Subdivision, per staff's memo, with the following changes:
The number of 'For Sale- signs per vehicle would be two 1 square toot signs.
The dumpster be screened.
Landscaping of the southwest corner would be worked out between the
applicant and staff.4. Three 6{oot evergreens be planted in the northwest comer.5. An auto which is for sale could be parked in the gravel area east of the eastern
North Frontage Road a@ess point. However, the total number of cars lor sale
on the site at any given time shall not exceed 4.
The motion was seconded by Gena whitten. During a discussion prior to the vote, the
applicant was reminded that all the vehicles must be parked on private property which he
owned, and not on the public right-of-way. The motion was approved, 6-0.
4. 4 r:gguest fof an exterior alteration in Commerdd Core lfor Vail Ski Rentals in the Hill
puildino. 254 Bridoe Streevpart of Lot L. Vait Vi|laoe First Filino.Aoolicant: Blanche C. HillPlanner: Shellv Mello
Shelly Mello explained the request.
Regarding the condition of approval, the applicant's representative, Jay Peterson, indicated
that there was a possibility that the requested tree could not be ptanteO tnis tatt. Sheily said a
letter of credit could be issued for the lree if they chose to complete the infill this year.
Diana Donovan asked if the ski lockers next to the door could be moved. Jay agreed to that
request. Diana believed an additional condition of approval should be that the ski racks under
the awning be removed.
The proposed landscaping was discussed. Joe Macy of Vail Associates was concerned with
the timing of the construction. Jay did not know if this project would be completed this fall, but
that it would only be a one-day job. lf the project were constructed this year, it would be
completed by the Thanksgiving hotiday.
Ludwig Kun moved to approve the request for an exterior alteration in Commerciat Core I for
Vail Ski Rentals in the Hill Building,254 Bridge StreeUPart of Lot L, Vait Viilage First Fiting,
1.
2.
3.
per staff's memo, with the condition that a tree be planted on the north side of the entry. ll
such tree could not be completed this season, a letter of credit would be provided. An
additional condition was that the ski lockers be removed below the canopy. Jim Shearer
seconded the motion. The vote approved the motion, 6-0.
Subsequent to the vote, the issue of a car which is parked outside on the east side of the
building, which encroaches into the view conidor, was discussed. Jay Peterson indicated trat
this issue had been discussed since the 'days of Diane Toughill," a previous Community
Development Department Director. He believed the issue was totally separate trom the Hill
application, and should be discussed at a later date. Krishn Pritz suggested a meeting
between Jack Curtin, Mrs. Hill, Diana Donovan, Kristan and perhaps one other planner. That
suggestion was agreed to by all parties.
Kathy Langenwalter moved that the discussion of the parking area be arranged by staff.
chuck crist seconded the motion. The 6-0 vote unanimously approved the motion.
5, A reouest for a wall heiaht variance for the Chester Residence. Lot 19. Block 1. Vail
Villaoe 1st Filino/395 Mill Creek Circte.
Aoolicant: E.B. ChesterPlanner: Kristan Pritz
Kristan Pritz reviewed the request.
Diana Donovan asked the Commission it there were concerns about the walls surrounding the
parking spaces on the southwest corner. The consensus wErs those walls were acceptable.
Mr. Chester indicated that he believed it was important that all pieces fit together. He had met
with statf, and believed staff's memo was fair and, with the exception of the entry gate on the
south entrance, he had no problems with the recommendations. Mr. Chester was very
concerned about reducing the size ol the entry gate columns, because the core of the entry
columns was steel. Jay Peterson, applicant's representiative, pointed out that, from the street,
one post measured 6 feet, whereas, on the parking side, it measured 6'-7'. He explained the
other postwas 6'-10", butthatwas in orderto match the heightwith the elevalion change.
Jay indicated the core of the entry columns also were constructed with steel beams. In
addition, Jay indicated that the Design Review Board had required Mr. Chester to keep the
posts at 6 feet. The original plans showed a height of 6'-8", including the cap. The final
approved height did not get relayed to the field. Jay stated this was also the cause ol the
discrepancies in height in the back yard.
When Jay surveyed lhe Town, he found several posts, built during the same period, which
were over 6 feet tall. with respect to the chester project, the posts were built before the final
grade was completed, and that was another cause tor the excess height. Jay pointed out that
the walls on the east gate of the Town of Vail parking structure were 7 feet to 7'-6" tall, and
asked lhe Commission to review this variance request from a practical point of view. He was
also not sure that a variance was actually needed for the entry columns.
Jay indicated Mr. Williams, the neighbor across the street, accepted the fence without any
modifications.
I
Jay requested that the gate columns which, in staff's memorandum, were not recommended
for variances, be given a 1o-inch variance. Chuck Crist indicated he could accept a 10-inch
variance. The rest of the Commissioners agreed, except Kathy Langenwalter. Diana believed
it was important to note the reasons why the variance in that area was wananted. She said it
was because of the nearby recreationalpath and grade changes. Kathy Langenwalter
requested the record indicate fris was not a normal variance procedure, and she believed the
statf and PEC had been backed into this agreement.
Jay thanked Kristan for the considerable effort put forth to work with the applicant to come to
this final solution.
Gena Whitten moved to approve the request for wall height variances for fte Chester
Residence, Lot 19, Block 1, VailVillage lst Filing/3gs MillCreek Circle, per the staff memo,
with the exception that the entrance gate columns were also granted variances to remain as
they currently exist. The table at the end of staff's memorandum would be conected to read
that the recommended variance for the wall column was 1 foot 4 inches. Ludwig seconded
the motion. lt was approved, 5-1, with Kathy Langenwalter dissenting.
6. ?iscussion reoardinq a letter from Kevin McTavish. reDresentino the Millrace
Condominium Association.Planner: Shelly Mello
Shelly lead a discussion regarding this letter.
llem 9 of the agenda was discussed out of order.
7. Discussion of orooosed Ordinance 43. Series of 1991, orovidino for seasonal plant
products businesses in the Heaw Service zone district.Planner: Jill Kammerer
Jill Kammerer requested and received recommendations from he Commission as to specific
wording for the ordinance.
The Commission returned to item 6 from the agenda.
8.
prooosed chanoes. alternative solutions. and a recommended amendment.Apolicant: Town of VailPlanner: Kristan Pritz/Tom Braun
Consultant Tom Braun explained the reasoning behind the recommended changes in the
zoning code.
The meeting was adjourned at 6:30PM.
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I.
IT. COMPLTANCE T{ITH TH8 CCr CODE
The conmercial Core I district is intended to providesj.tes and to naintain the unigue character of Lne VailVillage conmercial area with its nixture of todges andcornmercial establishments in a predoninantJ.y pedestrianenvironment. The commercial Core t districl ls intendedto ensure adequate light, and an open space, and otheranenities appropriate to the peraitted tlpes of buildingsand uses. The district regulations in accordance with iheVail Village Urban Deslgn Guideplan and DesignConsiderations prescribe site development standards that
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Planning and Environmental- Corqrnission
Conmunity Development Department
JuIy 11, L988
A request for an exterior alteration at the HillBuilding located on Lot L, Block 5C, Vail VillageFirst Filing in order to construct a bay nindow onthe southeast corner of the buildino.Applicant: Blanche C. HiLl
THE PROPOSAL
The applicant, Blanche C. Hitl, is requesting approval ofan exterior alteration in order to construct a bay windowon the southeast corner of the HilI Building. The totalsize of the newly enclosed space is 225 square feet.
Because of floor and ceiling height considerations, aswelL as bearing wa1ls which must renain in place, thewindov effectively functions as a bay window that will beutiLized for retail disptay. The addition does notincLude space that is really accessible to the public as aretail addition. At present, the area of expansion isdelineated by a wrought iron railing that encloses a smalllandscape garden. The facade of the building, while it ison one of the most heavily traveled pedestrian routes inthe ViIIage, does not present a strong cornmercialstreetscape element. The applicant feeLs that theaddition of the bay window wiII strengthen the streetscapeof the HiIl building at the southeast corner.
This proposal also includes the continuation of theimplementation of the Urban Design Guideplan Concept 1OAinvolving the pedestrian walkway/plaza located to Lhesouth of the Hill building.
are intended to ensure the naintenance and preservation ofthe tightly clustered arrangements of buildings frontingon pedestrian nays and public ltreenways, and to ensurecontinuation of the building scale and architecturalqualities that distinguish VaiI Vi11a9e.
This proposaL is substantially in cornpliance with theintent of the Commercial Core I zone district.
III, COMPLTANCE WITH THE URBAN DESIGN GUIDEPI,AN F'OR VAIL
VILISGE
This proposal relates to Sub-Area Concept lOA. Thisconcept refers to rnountain gateway inprovements anddescribes elenents such as landscape screens, ninor plaza,
and a pedestrian loop to Wall Street. The area specifiedfor Sub-Area 10A is on land currently under control of theU.S. Forest Service. The Forest Service has indicatedthrough previous approvals that they will a11owconstruction of this sub-area concept. The furtherimplenentation of this concept through this proposalconsists of continuation of the brick paver surfacetreatnent froro the staircase south of the HilI buitding,wrapping around the building on the same radius as the baywindow, at a wj.dth of 1,0 feet,
rv.
VILI,AGE
fhe purpose of the comparison between the proposal and theconsiderations is to show how the necr designs strengthensor detracts fron the overall intent of the designconsiderations.
A. Pedestrianization: Ttre proposed bay windou at theffiof the iriri uuiraiirg is tocatea inthe rnost heavily utilized pedestrian pathway in VailVillage. This narrow opening between the HilIbuilding and the colden peak House is the naingateway to the VaiI Village chairlifts. While alL ofthe property between the HiII buildingr and the Golden
Peak House is privately owned, theEe is a dedicatedpedestrian easenent that allows transit betueen thesetrro buil-dings to VaiI ilountain. The proposed windowexlransion does extend to the very edge of thiseasement. Houever, due to the existing wrought ironrailing, no further narrosing of the aiea witt occur.Rather, the windows wiLl selrre to strengthen thepedestrian environment by adding transpirency to thecommercial- streetscape of the southeasl.cornlr of theHill building. The area currently consists of asmall landscape garden backed by blank bullding
B.
walls. The addition of the bay window enhances the
commercial aspect of this building, and we feel addsa conmercial vitality to the streetscape in thisportion of the HiIl building.
Staff does have rninor concern with the proposed
awning treatment that encroaches into the platted
easement. We feel that the awnings should bedisplayed only in the surnrner, as they may present apsychological feeling of narror,ring this snallcorridor frorn the Village to Vail l,Iountain.
Vehicular Penetration: While the addition of the
ffiot in and of itself create
additionaL parking or loading denands on the HilIbuilding, it does raise a related concern with the
Community Development Departrnent staff. The Hillbuilding contains a srnaLl gtarage used as parking forthe Hill building residence. There is often avehicle parked behind this garage door, extendingonto the public right-of-way and, in certain vantagepoints, into the viev corridor. we feel that withthe arnount of pedestrian traffic that goes by theeast elevation of the HiII building, this exteriorparking space is no Ionger appropriate in the centerof Vail Village. .This expansion should serve noticethat the exterior parking space on Town of VaiIproperty will no longer be alfowed.
Streetscape Frarnework: The Conrnunity Developmentstaff feels that the streetscape framework will be
enhanced by the addition of this bayldisplay window.
The current southeast elevations of the buj.lding donot lend thenselves to the conmercial streetscapethat is prevalent along the rest of Bridge Street.
The southeast corner of this building has nore of aresidential feel to it than is found as one travelsalong Bridge gtreet toward Vail Hountain. We feelthat the removal of the parking space in front of thegarage and the addition of the bay window witlgreatly enhance the streetscape frarnework in thisarea of the Village.
Street Enclosure: The general area of the bay windowffiatry ai in-fitl below existiirqdecks. There is little application of the streetenclosure criteria to this proposal .
Street Edqe: The bay windov elenent ties inarchitecturally with the treatnent of the southwestcorner of the building. As the windor* sneeps alongthis pedestrian way, we feel it provides a positivestreet edge to the nallsray.
c.
D.
i
I
I
i
I
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E.
Heiqht:F.
G.
This proposal does not affect theto building height.
Views and FocaL Points: The pedestrian corridor
between the Hill building and the Golden Peak llouseis an adopted najor viev corridor within the Town ofVail . This proposal is an in-fi}l below the existing
decks and does not encroach any further beyond thebuilding edge than the existing wrought iron fencingsurrounding the planter. Whil-e the addition does
encroach up to the very edge of the view corridor, it
does not encroach into the view corridor and,therefore, presents no negative inpact.
The existing parking space behind the garage doesintrude into the view corridor. Elinination of this
u.se will irnprove the view.
Service and Delivg: No fnpact.
T Sun,/Shade:No Inpact.
*&\
H.
V. ZONING CONSIDERATIONS
This project consists of a conmercial addition of 225 squarefeet. As most of it is a bay/display window, the precedent inthe conmunity has been that this type of addition does notcreate a parking denand. The staff will need to review thedetailed plans and make a final judgenent On parkingirnplications at issuance of building perroit.
1. The exteri-or vehicular parking space behind theexisting garage doors no longer be utilized.
VI . STAFF RECOMMENDATION
fhe Conmunity Developnent Departnent reconmends approval of theexterior alteration for the bay window expansion. I{e feel thatin general , although the bay window sonevrhat narrows thewalkway betveen the Golden peak House and the Hill Building,that the improvements in the building facade and thestreetscape frameerork make up for this encroachment and area positive addition to the HilI building. We would reiterateas conditions of approval the following concerns:
f._C^^..- ^+ End€r=€encart of this shall be handled by the VaiI\-^\st(Q'va'wr''l Police due to the space occurring on T-olrn of VaiIproperty.
The awnings be utilized during the sumner only andshould not be in place during the ski season.
2.
3. The ski racks that have been placed along the facadeof the Hill building in the plst shall not tre allowedthe }ength of the display window due to the narrowingof the pedestrian corridor.
4. That the applicant agree not to remonstrate against
any special inprovernent district that may be formedwithin this area.
APPLICI,NT' S STATEMENT
ADDENDUM FOR APPLICATTON FOR EXTERTOR MODIFICATION
1. The Proposal
The Applicant, Blanche C. Hj-II, is requesting to construct a
bay window on the Southeast corner of the Hi-Il Building.
2. Conformance with purposes of the CCl District.
It is stated in Section 18.24.010, Cornmercial Core OneDistrict, is intended to provide sites and to maintain the
unique character of the VaiI Village Comrnercial area withthis nixture of lodges, residential dwellings and conrnercial
establishrnents in a predominately pedestrian environment.
The Comrnerci-al Core One District is intended to insureadequate light, ai,r, open space and other ameniti-esappropriate to the pernitted types of building and uses.
The District regulations in accordance with the VaiL Village
Urban Design Guideplan and Design Considerations prescribethe site development standards that are intended to insurethe rnaintenance and preservation of the tiqht.ly clustered
arrangenent of buildings fronting on pedestrian ways andpublic green$rays to insure continuation of the buildingscale and architectural quality that distinguish theViIIage
The proposed alteration centers around a minor addition tothe existing building which would al1ow increased visibilityat the pedestrian leve1 along the southeast corner of thebuilding. This proposal is in cornpliance with the intent ofthe Zoning for CC1 Distri.ct.
Compliance with the Urban Design Guideplan for Vail village.
This proposal relates to the Sub Area Concept 10A. This Sub
Area Concept refers to the Mountain Gateway improvements anddescribes elements such a landscape screen, rninor plaza anda pedestrian loop to WaIl Street. The area specified for
Sub Area LOA is on land currently under control- of theUnited States Forest Service. The current Forest Serviceposition on this property is unknown, however, in the pastit would not allow irnprovenents with regard to this Sub AreaConcept. ff Forest Service approval can be obtained,however, the applicant wilI connect the existing eastentrance to the HiLI Buj.lding to the current pedestrian uayflanking WalI Street. This connectj.on will be constructed
3.
in brick pavers and will be cornpleted upon finaldeterrnination of the Golden Peak House Building renovation.It would either be cornpleted in conjunction with thatproject or would be cornpleted on its own. The brick pavers
would form a line as shown on the site plan, however, suchbrick pavers will be carried out approxinate).y ten feet fronthe building and wil-l connect up to the partially completedpedestrian loop along the south side of the Hil] Building.
Conpliance with the UrbanVillage.Design Considerations for VaiI
A. Pedestrianization. The proposed alterations willfurther faci.litate and enhance pedestrianization
between the Hill Building, Siebert Circle and One Vail
Place by provj.ding the conpletion of a pedestrian loop
from Seibert Circl,e to Wa11 Street Dursuant to Sub Area
Concept I0A.
Vehicle Penetration. The proposed alterations providefor no additional points of vehicle penetration norwill the addition create more vehicular tri-ps to CCl.
Streetscape Frameuork. To improve the quality of thewalking experience and give continuity to thepedestrian hrays'as a continuous system, the proposedalteration will provide an infill commercial storefront on an existing building to create new commercialactivity along an area which has no street life orvisual interest. This is certainly a key locationgiven the proposed renovations to the Golden PeakHouse. Currently there is a blank brick wall and astairway leading down to the basenent which provides novisual interest from a pedestrian standpoint. Inaddition, it provides a completion of the pedestrian
loop to Wa1l Street.
Street Enclosure. The proposed new addition is onestory in height with the balcony on top connecting tothe existing balconies on the east side of the buildingand also on the south side of the building. Given theproxiutity and the relationship of the Golden Peak Houseto the Hill Building an external enclosure has neverreally fonned as the distance between the buildingswill be much greater than the reconnended one-ha1f toone ratio.
D.
Street Edqe. The addition will provide a strong butirregular edge to the street as it will form a path
around the HiIl Building to $raI} Street. The existingbuilding along with the proposed alterations willprovide the irregular facade 1ines, canopies, buildingjogs, brick pavers and landscaped areas (both at streetlevel and by flower boxes on the upper levels) whichgive life to the street and visual int,erest forpedestrian travel .
Buildinq Heiqht. The maxinum proposed height for theaddition is the existing balcony 1eve1 on the east endof the building and approxinately two feet above a
second floor bal.cony on the south side of the building.AIl- proposed heights are well below the requirenentsspecified in the VaiI Village Urban Design Guideplanand Design Considerations.
Views. The most significant and obvious view corridors
have been designated by the View Corridor Restrictionordinance which was adopted sometine ago by the TownCounci.l. A view frorn Seibert Circle is a protectedview and the proposed addition vill not encroach i-ntothat view corridor. The existing planter box forms the
edge of the vj-ew corridor and our e*pansion follows theoutline of the existing planter box.
While the addition doesthe planter boxes thisexisting balcony and theis warranted because thesatisfies the other
fiLl in the area which contain
view i.s basically under an
minor intrusion into this area
proposed. addition enhances andcategories of the Design
Town -
The real objective of Seibert Circle and CC1 in genera).is to present desirable and inviting commercialactivities and residential facilities in i charminq andeffect.ive building frarne. Canopies, aw.rings,landscaping and building extensions provided by theexisting Hill Building and the proposed alteratj.on helpcreates a pedestrian focus which rnitigates the ninorintrusion into a nonprotected existing view under anexj.st,ing balcony.
Considerations in the best possible nanner for the
Service and Deliverv.service and deliverv.
H.The expansion has no inpact on
'l
I. Sun./Shade Consideration. A sun/shade study shows noeffect on adjacent pieces of property.
In summary as Vail Village Design Considerations state:
rrThe design considerations are intended to serve as guidelinedesign pararneters. They are not seen as ridged rules orcookbook design elements to bring about a homogenizesappearance in VaiI.rt
The intention of the proposed al.teration is to address the spiritof Vail as it exists an to enhance and extend that spirit Uyimproving the comnercial activities and pedestrianizltion oiCommercial Core One.
"tr {rtp *T ^T nW* r###r(*q
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of
Vail will hold a public hearing in accordance with Section 18.66.060 of the Municipal Code ol
the Town of Vail on November 1 1, 'l991 at 2:00 p.m. in the Town of Vail Municipal Building.
Consideration of:
L A request to amend Section 18.52, Off-Street Parking and Loading, of the Town's
zoning ordinance to allow car rental businesses to lease parking spaces in the
Gommercial Core lll zone district.
Applicant: Peter Jacobs of Days lnnPlanner: Andy Knudtsen
2. A request for a conditional use permit to allow a well water treatment tacility in the
Agricultural/Open Space zone district, generally located south of the Vail Golf Course
bridge on Sunburst Drive, and more specifically described as follows:
To be located within 100{oot radius from a point on the right bank of Gore Creek
whence the northwest corner of Section 9, Township 5 South, Range 80 West, 6th
P.M. bears North 73 degrees West, 2,080 feet.
Applicant: Vail Valley Consolidated Water DistrictPlanner: Mike Mollica
3. A request to amend Chapter 18.62 - Variances, and Chapter 18.60 - Conditional Use
Permits of the Town of Vail zoning code relating to notilication of adjacent property
owners.
Applicant: Town of VailPlanner: Jill Kammerer
4. A request for a conditional use permit to allow for the sale of used cars, 2293 N.
Frontage Road WesVgenerally located at the Vail 66 service stalion, at the northeast
corner of Chamonix Road and North Fronlage Road, Tract A, Collins-Wirth
Subdivision.
Applicant: Garrett and B.J. SmithPlanner: Jill Kammerer
5. A request for an exterior alteration in Commercial Core I for VailSki Hentals in the Hill
Building, 254 Bridge StreeVPart ol Lot L, Vail Village First Filing.
Applicant: Blanche C. HillPlanner: Shelly Mello
6. A request for a conditional use permit for an outdoor dining patio for the Gallery
Building (Russell's Restaurant), located in the Commercial Core lzone district, 228
Bridge StreeUa part of Lot A, Block 5, Vail Village First Filing.
Applicant: Ron Riley/D.H.R., lnc.Planner: Mike Mollica
7. Review of Town of Vail Zoning Code Phase I Report. The document summarizes
proposed changes, alternative solutions, and a recommended amendment.
Applicant: Town of VailPlanner: Kristan Pritz
8. Any items tabled from the October 28, 1991 Planning and Environmental Commission
meeting.
x
,0-LJ' /0 - &t 4/@
ut.(:
lnformation on the listed items is available at the Community Development office in "he Vail
Municipal Building during regular oflice hours.
TOWN OF VAIL
COMMUNITY DEVELOPMENT
Published in the Vail Trail on October 25, 1991.
\'
ADDENDTJM TO APPLTCATION
FOR BLANCHE C. HILL
r prelininarily discussed this proposal with Mike Mollica and hesuggested we subrnit a few photographs to show how we desired to novethe doorway or the west side of vair ski Rentals rather thansubmitting an erevation of that area. we feel that the actualphotographs better depict the proposal .
rr. Proposal: The application is to move the existing doorwayfacade (see picture #1) to the west 9 feet l_0 inches, to the outsid6
"{-!hg existing building rine. (see picture #z and #3). prior to theaddition of the canopy, which now acts as a covered entrance, thererief in the building and a covered entrance was necessary. Thecanopy now makes such covered entrance and rerief redundant. Theadditional amount of enclosure is 96.63 square feet (9r lor X 9r LOu).rf the canopy were to be removed in the future, as a condition of thisremoval , the appli-cant would reLocate the doorway back to its originallocation.
Eurvey - No survey is being provided in that the doorway facadeis.being moved to an arei stitt inside the existing Luirding.Existing surveys are in Town of Vail files.
Adjacent Pronerty Owners
1. One Vail Place Condoninium Associationc/o Blanche C. HilI
311 Bridge StreetVai1, co 8t-657
2. Vail Associates
Box 7VaiI, CO 81658
3. Plaza Lodge Condoninium Associationc/o Clark Willingharn
30O Crescent Court, Suite 700Da11as, fX 7S2Os
4. U.S. Forest Service
5. Golden Peak Condorninium Associ.ation278 Hanson Ranch RoadVaiI, CO g165?
A.
B.
Red Lion Inn Condominiurnsc/o Dave TyrrellP.O. Box l-982
Avon, CO 8L620
ffl. Site Plan
A' No sile plan is being provided in that any architecturalerevation or rendering is less descriptive Lnan an actualphotograph.
B. The doorway faces west.
C. No topographic considerations.
D. No landscaping is being deleted or added.
E. one vail Place is the only building located adjacent to thefacade and Branche c. Hil-1 owns the courmercial spa-e adjacent tothe affected elevation. Vail Associates owns the ionnercialspace vhere the ticket nindows are located.
F. A title report is attached.
fv. Confornance with purpose of ccL District.
A. rt is stated in section LB.24.ol-0, commercial core one Districtis intended to provide sites and to naintain the unique characterof the vail village conmercial area with this mixturd of lodges,residenti-al dwellings and commerciar establishments in apredominately pedestrian environment.
The Conrnercial Core One District is intended to insure adeguateJ-ight, air, open space and other anenities appropriate to' theperrnitted types.of building and uses. Fhe Disi;icl regulationsin accordance with ttre vail Village urban Design euiaefii-n anaDesign Considerations. prescribe tfre site devel6prnent -standards
that are intended to iniure the naintenance and ireserwation ofthg tightly clustered arrangenent of buirdinls rrontinj onpedestrian ways and public areenways to insure 6ontinuatioi ofthe_building scale and architecturai guality that distinguisn tfrevi1lage.
The proposal alr.ows for a minor alteration to the existingdoorway which would allow better pedestrian circulation I'ithinthe existing building. The existiirg canopy provid.es a coveredentrance to the building. This proposar is in compliance withthe purposes of CCl.
6.
^a!t
B.Compliance with the Urban Design Guideplan.
l-. Pedestrianization. The proposed alteration will providebetter internal circutation for the building. Because ofthe addition of the canopy the space to be enclosed willprovide a better pedestrian experience if the space isenclosed rather than left open on one side. The need for apleasant pedestrian experience does not end once a personenters a store, and in the present proposal betterpedestrian circulation is achieved.
2. Vehicle Penetration. The proposed alterations provide forno additional points of vehicle penetration nor will theaddition create more vehicular trips to CCl.
3. Streetscape Framework. This is a srnall commercial infillwhich will have no negative irnpacts on the streetscapeframework. The existing canopy provides a colorful coveredentrance for the building and which further provides forvisual interest and focus for the pedestrian in that area.
4. Street Enclosure. The proposed infill does not change theproportions of street enclosure for that area.
5. Street Edcre. The infill will delete a srnall jog in thebuilding facade, however, the existing building as rnodifiedwill stilI provide irregular facade 1ines, canopies,building jogs, brick pavers, landscaped areas (both atstreet leve1 and by flower boxes on the upper levels), allof which give life to the street and visual interest forpedestrian travel .
6. Building Height. The
7. Views. The proposed
building height is not being changed.
infitl has no inpact on views.
c.
8. Service and Delivery. The proposed infill has no irnpact onservice and delivery.
9. Sun/Shade Considerations. The proposal has no inpacts onsun/shade on adjacent pieces of property.
rn_summary, the proposar has no negative irnpacts for Vail villageand the snarl enclosure does provide for better interiorcirculation for a better overall pedestrian experience.
'1 lf.f hurtEase 2/73 Form ?3lt Pollcv No. 8167O6O2
Filr No. VtO46 Anount IBOO,OOO.OO
SI]HF:OUI .E A
Lorn fl
Ad dnc rc
{}
1,
2.
3.
4.
s,
6,
>7.
Pol lcv Datcr Octobcr tO, lf$6 at ,3rOO A.l.l.
Nrne of lnlurcd!
FIRSTSANK CIF VAIL
Thc cstatc or interert in thc lrnd dercrlbcd in thir $chcduteqnd rrrhich ia encurrbcncd bv thr lnrured mortrarc irr
A Fcc Slnrlc
The agtet. oF lntarcet rafenrcd to hercin ir rt Datc of psticvvrrted int
FARCF.L I I
BI.ANCHE C. HTLL
PARCEL 2I
BLANL:HF: C. HILT A|RIA BTANCHE C:. HAUS{FITT.IAN
l'hc mErtrl"e' hlFrin refenred to e.r the lnsurcd rrortralGr rrfidthe rsrlcnmentr thcrcof if rnvr rrc dcscribod ru follousr
ITEEB |]F]'RUST DAfl:o lSeptombcr Og, t9tt6' FRrltl ELANTjHE C. HILL A$ f0 pARt:EL?. FLANCHI g. HTIL AlRlA BT.ANCHIi C. HAI"I$ERI,IAH A$ TO PAITCHL ? TCI T}IF: PUHI.IC.fRIJSTE€ I]TJ fiAIsLE COUN'fY IJOR ft{E U.$E OF FIRSTEANK I]F VAIL TO S€CT$IE 'rHE SJFIoF fgoo'ooo.oo RFcoRtJFD scptembar 17, tp86, rN BooK 449 At pAtrF e&9.
SAID DE€B OF TRUST I,IAS FIJRTHER S€CIJITEO IN A$$IJ3NT.II:NT f]F R€NT$ RECORNEOSeptcnb*r 17, 1996, IN EOOK 44S Al PAGE B?O,
SUSORDINATION AGR€I{I'IENT IN CONN€CTION UITH SAID OEED OF fRUST I{AS RECCIROEOOctobce l?r 1986, IN BOOK {bO AT PAGF 774.
fhc land rcfcrrcd to ln thtr policv la rltuatcd tn EA6LE Countv, Cotoradorrnd ir dcscrfbad eg follougl
PARCEL T'
IA PoRllON (|F LO'l C' SLOCK b-C' VAIL VILLAGL, FttGT FIIIH6' A SUFlrMSttrN IN ]rHE roUN oF VAIL' couNrY oF tiABt-E, sTAfE oF rx)r,.uRAEo, l,toR€ pAR'fIr:uLARLv
iDEscF(IBFIJ As FolLor4sr
1
EEGINNINCT A1'TltF S{,rUIHEA$1 SilRNF.R OF'l'}lE NnRTHttEST 6!UA*TER OF TH€ NnRTHt{Er{T IOlJAlt'fER OF SF:C'I'ION B' Ttll.lN$HIp 5 $OU[H' RANTiE 80 blEFTf fHEHrlE ALONC fHE IPese I this Policv volid onlv i# Fchedulc B rF ettachcd. I
f'Ii.,l f"fortcaae 2/'13 Fonrr 231 1
Filc No.
sct{E0t,l-E
v9046
tcy No. 81670602
Anount G$OO'OOO.OO
Le:rn ll
Addrecr
o
Pol
u.s. FORES'r $IRVIUE EOUNEARY $DUTH 8t OETSREES 44 }IINUTES OO $|:CONttS HEST ADISTANCF OF 68.64 FEETT THFNCE NOR]it tO DLGRFI-S t6 HINUTES OO SECU{[$ l.rF$TA OI3TANC€ Ol' 23.r8 FEETf llll:NCE HORIH SE OEtlRtiES 4it ttINUftiS 04 SECTJNOST.'FS'I A DISTANCF OF S.16 FI-F].I TFIENCE HCIR'tH I1 DFGFIFF$ 07 T.IINUIF'S OO SICTINTISH:ST A OTSTANCE OF IA.49 FEETI I'HENCE NORfH 78 I}€IIR€I:S 13 ]'IINUIES OOSECANIIS EAS] A llls]ANCL trF 56.7? Ft-Elt THENEE ficrt_nH 26 nE'CrRFFs h4 HrNLtlEsOO SEDONOS HAST A DIS'IANCE t}F 56.07 fl:€T rO THE PAINT OF SEETNNIN$.
EXCEPTINB ANTI RFSFf$TNB UNTO VAII. ASSCEIATFS, I C., A COI.CfiAI,IO CORPOftATION,rrs suctlEssolls ANo AssIrSNsr A NoN-ExtrLU$IvE pcRpE'rutr- €AsEttFiNT oF:$ufitB€D A$FOLLOI.I$! T.'ITHIN THL AEOVF NF.SCRIBEIJ IN-.SCRIPTION, A IO FCST FASEiIFNI, SAIIIEA$E['1ENT/'$ CENTERI-INE srARTlNg A'r A poINT oN THE EAsTERLv BrluNDARv oF AEotEI}ESCRIBED FARCEL A NI$TANCF OF 23.3 FEF] NOIITH 26 NEGRFES i4 IIINUTE9 OO*|--ONDS t'fESI FROH rHE AQJTH€AST COtlNliR OF SAID PARCEL THENCE EfnTH ZzDECiITFE$ 4t lllftuTFs 32 sEcoNlrs t{E8l.A D'$TANCF- OF 23.58r FEET lO THE polt{T
END(NS IlH THE $OIJ'IH€RLY BOUNOARY OF $AIO PAITI]F:L.
PARgtL ?r l"(,T I (Lot{Eft cAst. L}, Bt.ocK bc:, VAII vil-t AGE, FIR$T FlLINs,A:CfJROING TO THE RECORI]EO PI.AT TIIEREOFI COUNTY OF EAI}I.E, S'fAfE OF CTX.I]RADO.
!aE
lhlg Policv valid onlv lf $ch+dute B tc ettachcd.f'e le
IFt
t,
llorts;lrc Form 2331
t
l'o 1gTIHB
Fllc No. V9O46
SCI{EUULE B_I
lcv No. 8167060?
Thir rollcv docr not intuFc rpalnst losc or drnele bv res.son qf thc follourinsr
l. Rirhtc or clelnr of rartlcr ln polgcslion not rhoun bv thr rublic rccordr.
2, Eaccnentsr oF (ltimf of casementgr rtot shoron bv the puhlic rccor*dg.
3, Dlsqrcranclcgr conflictr in boundarv linecr ,horttrea ln trca,cncroBchftcntsr 3nd rnY facts uhtch I conrcct ruFvry rnd lnitestlon of thapFctriscr'ould dlrclcac and uhich.rns not shoun bv thr prrbrrc rccordr.
4. Anv lirn' on rlrht to e lien, for rcnvicca, lebor, or natcrl.el thcrctofonccr harc.r$tcr Furnishcd' impoacd bv lau qnd not rhoun bv the publ lc rccordr.
$, Af{Y AND ALL TAXFS ANLr ASSESSfiFNIS.
6. RIBHT OF PRI]I'R{ETOR OF A VETN OR LOI}E TO EX'fRACT AND RI{I.IOVE HTS OREl'HERLFkon at|t[JLo l'HE gAl'lE tsE FouNtf To PFNF:I'FAIE or{ xNl'Ensf:t:l rHF: pt{EHl$Es
AS ttE8Ell\rl:D IN ul.llfE0 ETAfEg PA'fUNf RIiclnO€B rlulv 11, tB9p, IN BoCIK 4e A.rFAAf 47ti.
7. FIGHT OF. I{AY F[,R DITCHTS OR CANALS CCINSTRTI{.:TFII BY THL. AUlItOftIrY gF THTtNIfED srATES As RESERVED IN UNI'fED 6TArEs pAr€N'r R€coRrtEo rjrrlv ltr 1899,IN BOOK 48 AT PABF 475.
S, FfliSTRICTIVE COVFNANTS I.'HICH NO NOT COITIIAIN AEUT OIIITTINO RE$TRICTIBNS. IF ANY, EASEO ONNflTIONAL ORIOIT.I, A$ CONTAIhITJD IN INSTRTJI.IFITfT
BOOK ITT AT PAGE I79.
FORFF Il URH Of{ RF.VF,RTER CI AUSF.
RACE, COLOR, R€LIOION, fJR
RF.COR|TFD Arrtult 1O, tg67, IH
?. UTILITY EASF}IFNT TEN FEFT AI.ONG THF AOUTH LO'I LINE OF SUFTJFCT PROPF](TY ASBllot''N rJN TFIE REctlltllF;n P|-AT oF vArL VILLATIE' FIR$T FTLINB.
lo. ENcRoAcHltF:lfl oF'aulLBIMJ ovtRl{AilG, coNcRtrE r,,ALLr ttuILntNG AND PIANTFR oNl'ourILrfY EASEI'HNT ALCING Tt{E sourH€RLY t-or LINE rf,F r3uB.rF:ET pRrlpERTy Ag:iHoHNCIN rllFRovFl{F:Nr LOCAI-ION CERTIFtCATE JtrH NO. 937 Bv EAGLL VALLEY ENCiTNF.ERIN(i& SURVEYINB, INC.
11. Et{cRclAcHl'IENT oF BUILBINL{ ctvFRHANti o+fi'(r AUJA(:ENT pR*pEft'fy ALCNG tHF EAslHEsr LoT LrNEs Ag BHotrN $N rlt'RrtvE|,tENT LocArIrN tjF-R'frFIcATE lrOB No. 9s7FAC,LE VAI.Lt:Y EN$INF.ERINTT & $IIRVEYIN&, INc.
1?. Ir'NCROACFTMENT rlF BUILOTNO TIVERHANO ANn DTIMIRETE IJALL RNrO U.S. F,lRg$r$ERVtcE PROPERTy As sHtrl.tH oN lHplrovFttFNl.L(rc61.1g1,,1 CFRTIFII:A.|E J0F 1r1O. "",6Y EAOL€ VALLb'Y EN3TNEERINC & :JURVEYTNBI TNC.
ANtl
BY
P*rc 3
TII'I l.lontserc Forn 23Al CTIRE
' Filo No, V9O46
SCHFNULL ts-I
13. FNCHOACHI'IFNI OF EUILUING OVERHAN(i ONI'O TEN
SHfJT4N ON TI.IPROVEI.IENT I,OCATION CERTIFTCATE
ENGINFFRINS & SI.|RVEYING, INC.
Policv No. 8167O60?
FO(|T NON-FXCLU$lVt: EASFT'|F.N] Af{
\,OB NO. 937 BY EABLE VAI-LEY
( I r€ils t2 TilROtJoH 16 Af'FECT pAltcEL I )
14. TERtlgi, CONBITIONS ANtr PROVISION$ OF INORF$SPAR ICUI.ARLY BESCRTBED IN OOCUI,IENT Rf,DOROEDAT PA6F. 4Or.
AND SORFS$ FA$EHTNT }I(IRE
$€PrEil8tiR ls, t9l2 IN BO|IK ?25
I$. EI.IC:ItOACHI.IENI g} BUII TIINTI OVbHHANG ANN FT AH'TE'R ONTO OI,IF VArT fl ACE ANrIARIIISE STRF1ET AS $HrlHN UN Ir,*IROVEI$:NT LrlCAftON CERrIFIDAfE JrlB tft). 9g7 EyEAGT.E VALLFY ENOINEFRINB & zuTTVEYIHCi, INT:.
16' ENCROACHI'IENT OF BUII-OINB' EUII-DINO WEltHANtS" ANO PLAN'fERS OilfB rNtlRri:r*S AHDEBRFSS HASEITENT A8 6}IOI.IN ON THF I}TPROVF:IIENr IOCNTION CETT]IF1CATF.{}8, NO. 9$/ EY EAI}LE VALI.EY SNGINEERINf & :}IJRVEYINO, INC.
(IIEIIS 17 THft{JcfrI 19 AFFECT PARCEL 2}
17. BEED uF'fRtrsT oATEO Arntt ls, 19€6, FRrtH TiLANCHE c. t{tLL TCI rHE ptJBr_IC
TRUSI'ET' OF EAC[.-F COTIN'I Y FOR THF USE C|F FIftgiTBANK OF VAIL TO SE'CURE TI{F A['FtoF t?$o'ooo.oo RHCIIRFED Aprtl lB, 1986r IN BooK /t4o AT pAsE a4.
SAIIJ DI:FD OF TRT'ST I.IAS FURI'HF.R SFCUT€D IN AS$IANI'IENT OF RFNT$ RTCORI.IETJApril t8, l?86, IN BOCTK 44O AT PAAE ?S.
$UBORDINATICIi.I AGRFIT,IFNT IN COT{NFCIION I.IITII $AID DrFN OT'TRU$] T.IA$ RI:CORDS'DOctober t7, 1986, IN FOOK 4SO AT pNtE 174.
{AFFFCTS FAF(CEL$ I ANB 2}
$CHEFULE B-II
tn eddition to thq rnrrttcns rct fanth ln Pant I of thts schcrlule, thr titlc tothr crtrtc or lntcrcrt ln thr lend drccrihcd or f€fcFrcd to ln Fchcrtulc A ltcubJcqt to thr follouttnr nlttrns' lf r,nv bl rhourn, but thc conpanv lnrrrncr thttthc licn or chrFtG of thc lncurcd montse.tc uron rsid cFtati or l,nt;ntrt lrrrlon to ruch mattcrl,
NONF
:lta
Fatc 4
F/
FII. T Sr,Pr
PLANNING AND ENVIHONMENTAL COMMISSION
MARCH 8, 1993
MINUTES
PRESENT ABSENT STAFF
Diana Donovan Greg Amsden Kristan pritz
Jeff Bowen Mike MollicaBillAnderson Tim Devlin
Kathy Langenwalter Shefiy Meilo
Dalton Williams Jim Curnutte
Larry Eskwith
1' Starting at approximately 2:05 p.m., the Planning and Environmental Commission was
called to order for a request for a major exterior alteration to allow modifications to the
Hill Building located at 254 Bridge StreeVa part of Lot I and part of Lot C, Block 5-C,
Vail Village First Fiting.
Applicant: Blanche HillPlanner: Shelly Mello
Shelly Mello made a brief presentation per the staff memo and stated that the staff
recommends approval of this request for a major exterior alteration with the eight
conditions set forth in the staff memo.
Diana Donovan requested to look at a drawing of the proposed windows.
Shelly Mello showed the PEC the drawing and explained what staff would like to see
done with regard to the window mullions.
Jay Peterson, the applicant's representative, stated that ihe window width is 2 feet.
Kathy Langenwalter stated that the issue is whether the PEC thinks there are enough
divisions in the windows. She also stated that what the applicant is proposing is agood solution to the window issue.
Jay Peterson stated that the white plastic furniture 0n the west side would be removed
from this site.
Kristan Pritz stated for clarification that the DRB had rejected the white plastic furniture
at the Transportation Center, but it was "still up for grabs" with regard to the popcorn
Wagon.
Plrnrlog and Environmgntal Corrnisrbn
Marah 8, 1993
Diana Donovan inquired whether the applicant had any questions tor the PEC
concerning the eight conditions set forth by staff.
With regard to condition five, Jack stated that he had no problem with getting approval
for the coin operated ski storage facilities located on Town of Vail property, but with
regard to the coin operated ski storage facilities located on United States Forest
Service property, they have had approval to use this land since 1976. With regard to
condition six pertaining to areas of encroachment, Jay stated that no additional
encroachments were proposed under this request and that the encroachments that are
already in existence were approved fifteen to twenty years ago. The applicant feels it
would be unfair to have to change them now or obtain a revocable right-of-way permit.
Concerning condition seven of the staff memo, Jay said that the chicken wire fencing
was in place to prevent people from leaning their skis up against the tree. He stated
that when skis are left against the tree, they cause the Christmas lights to short out.
With regard to condition eight, he stated that the applicant would like to participate in
the design of the pavers and the drainage improvements.
Kristan Pritz stated that the applicant's involvement in the design of the pavers and the
drainage improvements would be implicit.
Shelly Mello stated that the staff was seeking a revocable righfof-way for the existing
planters and, with regard to bicycles in the summertime, the applicant would need to
obtain approval from the Town to locate these in the future,
Jay Peterson stated that they would seek an application to deal with the bicycle issue.
Diana Donovan inquired what the PEC wished to do with condition six of the staff
memo.
Larry Eskwith stated that an acceptable method of dealing with encroachments on
Town of Vail property is to deal with them at the time the applicant applies for a
building permit.
Jack Curtin inquired whether condition seven could be done away with and it would be
implicit that they (the applicant and his architect) would work with the Town. He stated
that he felt three of the conditions were relevant but the other conditions did not oertain
to this present project.
Diana Donovan stated that some of the items were a sort of "housekeeping" that
needed to be resolved and that addressing these issues in this forum was a way to
document them. she further requested that the applicant provide the Town with a
copy of the letter from the United States Forest Service approving the placement of the
coin operaled ski storage facilities on their property.
Jack Curtin stated that he was not going to agree to the items that he was unfamiliar
with (i.e. revocable right-of-way), but that he would work with the Town of Vail for
resolution to these issues.
Plannlng and Enviroom€nlal Conmirs'too
March 8. 1993
o
Jay Peterson stated that the white plastic furniture would be removed and that the new
furniture which would be approved by the DRB. He said that he believes this proposal
is positive and offers the Town a lot with regards to improving the area.
Kristan Pritz stated that Streetscape furniture is appropriate for this site.
Jack Curtin stated that wood or metal furniture would not work because this type of
furniture will hinder snow removal in the wintertime, He further stated that if this was
to be the case, that tables and chairs would not be put out at all.
Jeff Bowen stated that he feels this proposal will be a nice improvement to this area
but that he has two hesitancies concerning this request. His first concern pertains to
the windows on the northeast side of the Hill Building. lt was his understanding that
they were to be reduced to 18 inches, but the curent plan shows them to be 24
inches. His second concern pertains to the type of furniture placed on this site. He
stated that whalever is placed there must be approved by the DRB.
Jay Peterson responded by saying that the original windows were drawn at 36 inches
and that lhey had cutback the dimensions to 24 inches, which is as low as they felt
they could go.
Dalton Williams stated that the 24 inches was significant, and that it was his feeling
that 18 inches was enough. With regard the furniture, he stated that the tables and
chairs placed on this site do need lo be easily movable and conform with the
Streetscape Plan and he hoped that something mutually acceptable could be found to
resolve this matter. Dalton also added that the power distribution box on the west
elevation needs to be worked into the design of the building.
Kathy Langenwalter stated that a change in the white plastic furniture should be part of
the DRB submittal and that she would feel more comfortable if the windows were
pulled back a little more. She said that although she felt this way, she would not be
voting against this request.
Jack Curtin stated that if the windows were pulled back any further there would be
virtually no room for display in the windows.
Bill Anderson stated that he had no major concerns with this request, but that he would
like to see the furniture situation taken care of.
Diana Donovan stated that she would like to see mutually agreeable furniture placed
on the site and that she would like to see the windows pulled back as well. She stated
that she would not vote against this request, but that it was her feeling the windows
stilf need to be pulled back because if the windows are built at 2 teet, the view will be
affected.
Plannioe and Environrn nl.l Cormbslon
liarEh 8, 1993 3
Kathy Langenwalter motioned to approve this request for a major exterior alteration per
the staff memo with the following additions or corrections to the eight conditions set
forlh by staff:
1. That lhe applicant provide streetscape furniture along the east and west sides.
This includes the addition of one wooden bench at the northeast entry and a
sealing arrangement on the west facade which should include approximately
three benches 5-8 feet in length or three tables and chairs (four per table), or a
combination of lhe above. This will replace the existing plastic furniture
currently used. Kathy added that the DRB would need to approve the
proposed furniture placed on thls slle.
2. That a vertical mullion will be added to the bay window and door sidelights to
improve the window articulation. Kathy stated that this condition should be
ellmlnated.
3. That the applicant must conform lo all sign code criteria. This would include
the reduction of the signage for the Sonnenalp ski storage located on the east
side ot the building to 1/2 square feet total with a maximum of one sign. This
would need to be reviewed by the DRB in conjunction with this project and
altered immediately. In addition, should the Sonnenalp ski storage facilities, on
the west side of the building, not fit in the existing location after the installation
of the proposed landscaping planter, the staff would be opposed to these
facilities projecting any further into the walkway that the current encroachment
which extends to the west edge ot the tree grates;
4. That all conditions of the approved sign variance associated with this building
will need to be met. The applicant will need to amend the sign variance
approval for this business in order to allow for any change in signage;
5. That the applicant will remove or obtain approval for all coin operated ski
storage facilities not located on the applicant's property. Approvalwill need to
be obtained from both the Town of Vail and the United States Forest Service.
Kathy added that the applicant should glve the Town of Vail a copy of the
United States Forest Service letter for thelr file.
6. That a revocable right-of-way permit will need to be obtained for all
encroachmenls, existing and proposed, on the Town of Vail right of way.
Kathy added that an acceptable resolutlon concerning the revocable rlght-
of-way permit be found prlor to lssuance ot a bulldlng permlt.
7. That the applicant will remove all prohibited materials from the property.
Specifically, the chicken wire fencing which attached to the metal railings along
the west side of the property.
PlrDning lnd Environmentol Corrynbsion
H€rch 8,1993
8. That the applicant agrees to allow pavers and drainage improvements to be
placed on the east and southeast portions of the Hill Building property in order
to implement the Town of Vail Streetscape improvements (i.e. Seibert Circle
and pedestrian access to the Vail Mountain) at such time that this project is
implemented. Kathy added that the appllcant should be allowed to
comment on the deslgn for thls area to lnsure problems are avoided In the
deslgn solution.
9. Kathy added the conditlon that the DRB look at the power box meters on
the west elevatlon.
Jeff Bowen seconded this motion and a unanimous 5-0 vote approved this item.
Diana Donovan stated to the applicant that this does not relieve him of any financial
responsibility towards Seibert Circle improvements.
Kristan Pritz stated that for clarification, condition eight of the staff memo assumes
DRB approval.
Diana Donovan stated that she would like to make a recommendation that the car that
is parked in this area be removed because it does not meet the current demands for
the area and contradicts wilh the intentions of the Design Guidelines and Master Plan
adopted in the past ten years.
Kristan Pritz added that the staff shall review any documentation the applicant may
have on the cars and staff will report to Town Council the results of the research. This
is based on the concern that the car does not contribute to the Streetscaoe Plan and
intentions of the Urban Design Guidelines.
Dalton Williams added because of the Streetscape Plan and the Design Guidelines,
that he would like to see this issue pursued and made a motion on Diana's
recommendation with Jeff Bowen seconding and a 5-0 vote by the PEC approved this
. recommendation.
2. A request for a setback variance to allow for the addition of an enclosed entryway and
a new second story deck at the Vail Rowhouse Unit 13/Lot 13, Block 5, Vail Village
First Filing.
Applicant: N.J. NicholasPlanner: Jim Curnutte
Jim Curnutte made a presentation per the staff memo and stated that staff was
recommending approval of this setback variance request. He stated that staff feels
that the setback variance is warranted on this site due to the extraordinary
circumstances and physical hardship which has resulted from the way the vail
Rowhouse project was subdivided into fee simple owned lots. He said that the impact
PLooi'lg and Envl|mmsntal Comrnlribr
March I,1993
F!L OPV
o
EC
75 Soath Frontage Road
Vail, Colorado 81657
3 0i -47 9-21 3 I / 47 9 -2 I t 9
March 22, 1993
D eqartment of Commanity D er elopment
Mr. Jay Peterson
Vail National Bank Building, Suite 307
Vail, CO 81657
RE: Curtin HillSports Remodel
Dear Jay:
I wanted to take this opportunity to thank you and Jack for your efforts on this project and
follow-up on a few items trom the Planning Commission hearing on March 8, 1993. lt is my
understanding from the PEC review that the applicant has agreed to the following ilems
(Please note that these conditions have not been formally reviewed by the PEC. However, at
their next meeting they will approve the minutes. There may be some minor wording
changes.):
1) That the applicant will provide Streetscape furniture on the east and west sides. As I
understand, the applicant will be installing furniture on the west side of the building as
well as the east and both of these items were reviewed by the DRB with the building
addition.
2l That the applicant must conform to the sign code criteria. This applies to both the
Sonnenalp ski storage signage and the Curtin Hill signage. As per the PEC review,
the Sonnenalp signs were reviewed by the DFIB in conjunction with the project and
immediately altered. One sign at a maximum of .5 square feet will be allowed for this
use. lt is my understanding that all other sign code issues have been addressed by
the applicant. This should be verified and addressed if necessary.
5) That the applicant will obtain or remove all coin operated ski storage facilities not
located on the applicant's property. The applicant indicated that he did have approval
from the United States Forest Service to locate the coin operated ski storage facilities
on Forest Service Land. The applicant should provide this information to the staff with
the building permit request. We still need to verify whether or not there are
Page Two
March 22, 1993
Peterson
coin operated ski facilities on Town of Vail land. This can be accomplished by
reviewing the survey and imposing where the ski storage lockers are located on it. I
would aslk that you iubmit this information with your building permit request. Should
there be coin operated lockers on Town land, I would encourage the applicant to
approach the Town Council to obtain approval for these facilities. The staff views them
as'a positive installation which accommodate skier needs. However, this should be
addressed for licensing purposes and liability issues belore a building permit is issued.
6) That by obtaining a revocable right-of-way permit or other agreement with the Town,
the applicant would agree to an acceptable method of recording encroachments onto
Town land prior to the release of a building permit. I think that it is important to start
through this process now due to the length of time necessary for all entities lo review
and cbme to a common ground. Please understand that the Town is not requesting
the applicant to remove these encroachments (planter, etc.). In fact, we very much
encourage them, however, it is important to address liability and indemnification issues
for all improvements on Town of Vail land to protect the property owner and the Town.
This is an effort that we are trying to do throughout the Town on both residential and
commercial properties.
7) That allprohibited materials (chicken wire fencing) will be removed and that, if
necessary, alternative materials will be proposed for DRB approval.
S) That the applicant agrees to allow pavers and drainage improvements to be placed on
the east and southeast portions of the Hill Building property in order to implement the
Town of Vail Streetscape improvements (i.e. Seibert Circle and pedestrian access to
the Vail Mountain) at such time that this project is implemented. The applicant will be
included in the development of the design for this area.
9) Thai the appticant will propose to modify the utility box area on the west elevation.
This will be reviewed by the staff prior to the issuance of a buiding permit.
Again, thank you for all of your help on this. I appreciate both your efforts and cooperation in
the coordination of this project. Should you have any questions, please contact me at 479-
2138. Thanks!
Wr\Nr!^-
Town Planner
cc: Kristan Pritz
Jack Curtin
Project Application
it
:{-4Project Name:
Project Descriptioni
Contacl Person and Phone
Owner, Address and Phone:
Architect, Address and Phone:
Legal Description: Lot
Commenls:
Design Review Board
Date
D ISA PPROVALffiJil----.
(-
-----='
a)
Date:
E stati Approval
DESIGN REVIEW BOARD AGENDA
March 17, 1993
3:00 P.M.
SITE VISITS
11:45 A.M.
1. Loper - 784 Potato Patch Drive
2. Loper - 784 Potato Patch Drive
3. Indian Creek Townhomes - 1109 and 1139 Sandstone Dr
4. Mueller - 1353 Shasta Place
5. Grace - 1210 Westhaven Lane
6. Gore Creek Promenade and Pedestrian Bridge
7. Curtin Hill - 254 Bridge Street
8. Nicholas - 303 Gore Creek Drive
9. Head - 325 Mill Creek Circle
10. Berkowitz - 315 Mill Creek Circle
11. Terra Bistro - 352 E Meadow Dr.
12. Assenmacher - 4455 Glen Falls Lane
Drivers: Shelly, Jim and Tim
AGENDA
1. Spraddle Creek Subdivision - Subdivision development plan
An approximately 40 acre parcel located north and east of the Main
Vail/l-70 interchange. Spraddle Creek Parcel A.
MOTION: M. Arnett SECOND: B. Borne VOTE: 5-0
Approved with modifications.
2. Gore Creek Promenade and Pedestrian Bridge - Preliminary Design. SI/VTO
MM
MOTION:
Conceptual Review.
SECOND:VOTE:
MM
VOTE: 4-0-1
3. Kaiser-Mabrey (formerly Kaiser/Hall) - Exterior colors.
Lot 3, Block 5, Bighorn Fifth Addition/4916 Juniper Lane.
MOTION: B. Borne SECOND: M. Arnett
Approved revised application.
(Sally Brainerd abstained)
4. Nicholas - Addition. JC
Lot 13, Block 5, Vail Village 1st Filing/Vail Flowhouses #13,
303 Gore Creek Drive.
MOTION: M. Arnett SECOND: B. Borne VOTE: 5-0
Consent Approval.
Conditlons: lmprove dralnage on site and repave driveway.
5 Millrace lll - One duplex and one single family residence JC
West of Millrace ll, east of tennis courts and north of Coldstream/
1335 Westhaven Drive.MOTION: SECOND: VOTE:
Tabled to April7, 1993
6. Villa Valhalla - Repaint building/color change JC
A portion of Lot J, Block 5A, Vail Village 5th Filing/360 Core Creek Dr.MOTION: SECOND: VOTE:
Tabled to April 7, 1993
7. lndian Creek Townhomes - New single family residence. SM
Lot A-1 and A-2, Lionsridge Subdivision/l 109 and 1 139 Sandstone Dr.MOTION: SECOND: VOTE:
Conceptual Review.
8. Berkowilz - Remodel. SM
Lot 2, Block 1, Vail Village 1st Filing/315 Miil Creek Circte.
MOTION: M. Arnett SECOND: B. Borne VOTE: 5-0
Consent Approval.
9. Agneberg - New primary unit. SM
Lot24, Block B, Vail Ridge/2585 Davos Trail-
MOTION: M. Arnett SECOND: B. Borne VOTE: 5-0
Approved as amended.
2
10. Regal- Conceptual review of two new single family units. JC
Lot A3, Block A, Lionsridge Filing 1/1079 Sandstone Drive.MOTION: SECOND: VOTE:
Conceptual Review.
1 1. Mueller Addition - Conceptual review. JC
Lot 1 1, Vail Village West Filing 211753 Shasta Place.MOTION: SECOND: VOTE:
Conceptual Review.
12. Assenmacher - New single family residence with caretaker unit. TD
Lot 5, Forest Glen SuMivision/4455 Glen Falls Lane.MOTION: SECOND: VOTE:
Conceptual Fleview-
13. Curtin HillSports - Addition. SM
Part of Lot I and part of Lot C, Block 5-C, Vail Village 1sU
254 Bridge Street.
MOTION: M. Arnett SECOND: B. Borne VOTE: 5-0
Conditlons of Approval:
1. Utility box to be submitted to staff for review;2. Replace deck railing on west elevation;3. No slgns are approved with applicatlon;4. Patch brick on chimney. Material to be submitted with buildlng
permit request.5. Sonnenalp signs will be brought into conformance.6. Proposed furniture approved as submitted.
14. Head - Addition and restricted second unit. SM
Lot 1, Block 1, Vail Village 1st Fiting/325 MiltCreek Circte.
MOTION: M. Arnett SECOND: B. Borne VOTE: 5-0
Approved as submltted.
15. Loper - Changes to approved plan. SM
Lot 15, Vail Potato Patchl784 Potato Patch Drive.
MOTION: M. Arnett SECOND: K. Langenwatter VOTE: S-0
Approved as submitted.
16. Loper - New primary unit. SM
Lot 15, Block 1, Vail Potato Patchl784 Potato Patch Drive.
MOTION: M. Arnett SECOND: K. Langenwatter VOTE: 5-0
Approved wlth condltions and recommendations.
17. Hall - Revised plan for new single family residence. SM
Lot 3, Block B, Vail Ridge/2612 Cortina Lane.
MOTION: B. Borne SECOND: K. Langenwatler VOTE: 5-0
Approved as amended.
18. Grace - (Conceptual) New Primary/Secondary with employee housing AK
unit.
Lot 41, Glen Lyon/1210 Westhaven Lane.MOTION: SECOND: VOTE:
Conceptual.
19. Elliman - Approval of materials for new single family residence. AK
Lot 1, Block 4, Lionsridge #gl14ZS Aspen Ridge Lane.
MOTION: M. Arnett SECOND: B. Borne VOTE: S-0
Consent Approval.
20. Mclntyre - New Duplex. TD
Lot 12, Casolar lll1121 Casotar Drive.
MOTION: M. Arnett SECOND: B. Borne VOTE: 5_0
Gonsent Approval with conditions:
1. Enlarge post that supports deck on west unit;2, Carry horizontal band across entire facade.
21. Tena Bistro - New sign. SM
VailAthletic Club852 E Meadow Dr.
MOTION: M. Arne$ SECOND: B. Borne VOTE: 5-O
Consent Approval.
.Appoint DFIB member to task force on view corridors.
MEMBERS PRESENT
George Lamb
Bob Borne
Mike Arnett
Sally Brainerd
Kathy Langenwalter (PEC)
MEMBERS ABSENT
STAFF APPROVALS
Hughes Residence - Convert crawl space behind laundry room to GRFA.
Lot 4, Block 2, Lions Ridge 4th Filing/1475 Aspen Grove Lane.
Meadow Creek Condos - Extend decks and add windows.
Meadow Creek Condos, Building 1V2500 Kinnickinick
5
I
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Community Development Department
March 8, 1993
A request for a major exterior alteration to allow modilications to the Hill
Building located at 254 Bridge StreeUa part of Lot I and part of Lot C, Block 5-
C, VailVillage First Filing.
Applicant: Blanche HillPlanner: Shelly Mello
I. DESCRIPTION OF REOUEST
The applicant is requesting to remodel the retail floor area for Curtin Hill Sports. All additions
are on the first floor, and involve the enlargement of existing bay windows, changes to entries,
and the addition and deletion of landscaping. A total of 195 square feet will be added and 94
square feet will be deleted for a net increase of 101 square feet of retail floor area.
The applicant proposes to infill the notched entry door on the northeast corner as well as the
notched entry door on the north elevation. 7a.5 of gB square feet of planter box at the
northeast entrance will also be removed with the proposal. The applicant also proposes to cut
the northwest corner of the building at a 45 degree angle which will remove 94 square teet of
floor area, and 57 square feet of landscaping in order to add a new entry which faces Eaton
Plaza. This will be similar to the entry treatment located adjacent to this property at Christy
Sports.
The west entrance will also be infilled for an additional 104 square feet. This addition was
approved by the PEC under a separate application in 1992. The previous application moved
the doors out to be on the same plane as the building elevation. The current proposal shows
windows where the doors were to be located. The additional floor area for this addition has
been included in the calculations for this proposal.
A tolal of 69 square feet of retail space will be added by expanding bay windows on the north
and west sides of the building. These windows will be cantilevered over existing paved areas
and planted areas. While it will not remove existing soil, these bay windows wili decrease the
amount of plantable area. A total of 175.5 square leet of existing landscaping will be lost due
to the enlargement of the bay windows and the other modifications. 90 square feet of new
planting beds are proposed. There is a net loss ot72.5 square feet of planted area.
Horizontal mullions will be used on the bay windows and door sidelights.
On February 22, 1993, the PEC reviewed this item in a work session. At this time, there were
tour concerns regarding the proposal. These were as follows:
1. The narrowing of the passageway between the Christy Sports business and the
Curtin Hill Building by the addition of bay windows;
2, The deletion of landscaping on the northeast corner of the building at the
existing entry;
3. The window articulation on the proposed window and door areas.
4. The current condition and appearance of the west elevation, including the
Sonnenalp ski lockers as well as the temporary seating fixtures;
The applicant has addressed these items by decreasing the bay window on the norlheast side
of the building by approximately 9 to 12 inches. The applicant has also proposed to keep
approximately 24.5 square feet of landscaping at the northeast entry also. Mullions will be
used on the bay windows and door side lights dividing them into three sections. No vertical
mullions are proposed. The applicant proposes to install a streetscape bench at the norlheast
entry adjacent to the planter located on Town of Vail property.
There are no signs proposed with this application. All requests to change signage and to
amend the approved sign variance for this property must be reviewed by the Design Review
Board.
II. ZONING CONSIDERATIONS
Lot Size: 8407.8 sq. ft.
Zonlng: Commercial Core I
Slte Coverage:
Allowed - 6726.24 or 80%
Existing - 5963 or 71"/"
Proposed - 6022 or 71.6/o
Parking: .33 parking spaces
The applicant will be required to contribute $2693 to the Town of Vail parking fund.
The proposed addition will require .33 of a parking space. The parking fee for retail
expansions in Commercial Core I is $8000 per space.
III. EXTERIOR ALTEHATION HEQUEST
i' The Vail Village Urban Design Guide Plan includes three elements that establish the review
criteria for this application. The first of these is refened to as the Guide Plan which includes a
number of subarea concepts, many ol which identify potential areas lor future development
and other improvements. Secondly, the Urban Design Considerations express the large scale
land use, planning and design considerations and architectural/landscape criteria for
evaluating a proposal.
The Vail Village Master Plan and the Town of Vail Streetscape Master Plan also address
specific goals pertaining to the enhancement of the walking experience throughout the Village
thal must be considered in this application.
ln addition to these master ptans, zoning considerations are also a factor in reviewing
proposals of this nature.
IV. COMPLIANCE WITH THE VAIL VILLAGE URBAN DESIGN GUIDE PLAN AND
CONSIDERATIONS:
There are three specilic sub-area concepts in the Urban Design Guide Plan relevant to this
proposal. They are as follows:
10. Seibert Circle. Feature area paving treatment.
104. Mountain gateway improvements. Landscaping screen, minor plaza, pedestrian
connection loop to Wall Street.
11. Limited building expansionfimprovements. Increase facade transparency on
south side to slrengthen pedestrian activity, with entry to street. Potential
expansion of building to south property line. Additional vertical expansion may
be considered on south end of building to improve street enclosure proportions
but must respect designated Hill Street - Gore Range view corridors. Potential
second level open balcony deck (sun pocket) to restore activity to street lost
from ground floor terrace.
The first of these deals with improvements to Seibert Circle. The plan calls for paving
improvements in this area. This design concept is also repeated in the Vail Village
Streetscape Plan. Due to the scale of this project, and the lact that no departures from CCI
zoning are required, the staff feels that it is inappropriate to request the applicant to contribute
to the Sieb€rt Circle fund. We feel that the applicant should be asked to further the
implementation of the Streetscape Plan in other areas.
Concept 10A discusses mountain gateway improvements. This calls for increased
landscaping, a minor plaza and pedestrian connection loop to Wall Street. This concept does
relate to this proposal as it suggests that landscaping should be maintained in the area
between The Golden Peak House and Curtin Hill Sports. The current proposal will decrease
the amount of landscaping in this area by 63 square feet, but the applicant has pulled the
proposed northeast bay windows back in order to maximize the planting adjacent to the bay
windows while still accomplishing the goal of increasing the transparency and available display
area. The northwest bay windows have not been modified since lhe PEC work session.
Sub-area Concept 11 relates to building expansion improvements on the south side of the
Curtin Hill Building. lt discusses the desire to increase facade transparency on the south side,
to strengthen pedestrian activity, and also discusses creating additional entries on the south
side. The proposal includes a new entry on the southwest corner of the building which is a
positive addition to this corner. This proposal does not include any other improvements to this
elevation.
V. EXTEFIIOR ALTERATION REQUEST COMPLIANCE WITH THE URBAN DESIGN
CONSIDERATIONS FOH VAIL VILLAGE:
The following design considerations are critical elements of the Urban Design Guide Plan.
They identify the key physical characteristics of the Village and provide the tools to assure
that new development is consistent with this established character. The Design
Considerations of the Urban Design Guide Plan relating to this site are as follows:
1. Pedestrianization
This exterior alteration will have a positive impact upon the pedestrian
circulation within Vail Village. The addition will add interest to the pedestrian
area by increasing the window area transparency and visibility into the store,
inslallation of recommended Town of Vail Streetscape Master Plan
improvements, window articulation and landscape improvements.
2. Vehicular Penetration
While this application adds additional floor area, it is not anlicipated that il will
increase the demand for service and delivery.
3. Streetscape Framework
While landscaping can provide a softening of buildings and a colorful
framework, commercial inlill can provide activity generators and visual interest
for pedestrians. Increased transparency of shop frontages, planting and
landscaping, paving design, all add to the visual interest of buildings. The
application includes all of these items.
4.
There is a net loss ot 72.5 square feet of planted area with this proposal. While
175.5 square feet of existing landscaping willbe removed, an additional 90
square feet of new planting will be installed on the west side of the building.
The staff feels that an adequate amount of landscaping has been maintained
on the property to meet the guidelines.
Street Enclosure
The purpose of this consideration is to maintain a comfortable relationship
between the width of the streets and the height of buildings. The proposed
addition does not increase the overall height, however, it does decrease the
perceivable width of the alleyway between the Plaza Lodge Building and the
Curtin Hill Building. The applicant has minimized the depth of the display bay
windows in order to allow for existing landscaping to remain, and to minimize
the impact on the street width. For this reason, statf believes a comfortable
street width will be maintained. While the proposed bay windows project an
additional 2 feet into the corridor, they are semi-transparent and do not project
further than the decUroof overhangs above or past the planter edge below.
Street Edqe
This criteria encourages buildings in the Village core to form a strong but
irregular edge to the street. Under this exterior alteration proposal, there will be
increased projections by the use of bay windows. They will project
approximately _ feet from the building face. The proposed addition will meet
the street edge criteria with its glass walled facade and irregular building line
formed by the bay windows. The staff believes that this modification will have
no negative impacts on the street edge.
Buildinq Heiqht
The applicant does not propose to increase the building heights with this
proposal.
Views and Focal Points
The proposed expansion does not effect any adopted or proposed view
corridors nor does it effect any focal points.
Service and Deliverv
The proposed expansion will not effect the current service and delivery
patterns. lt does not propose to increase the demand for service or delivery.
Sun/Shade
The proposal will not cast any additional shade on any of the public ways
surrounding the building as the improvements are all located on the first floor.
Architecture/Landscaoe Considerations
The architectural/landscape considerations discussed in the Urban Design
Guide Plan specifically speak to window and door detaib in the Village. ln this
regard it says:
5.
6.
7.
8.
9.
10.
"ln addition to the general degree of transparency, window
details are an important source of pedestrian scale giving
elements. The size and shape of windows are often a response
to the street adjacent. For close-up casual pedestrian viewing'
windows are typically sized to human-sized dimensions and
characteristics of human vision. (l-arge glass store fronts
suggest uninterrupted viewing from a moving car. The sense of
intimate pedestrian scale is diminished.) Grand floor display
windows are typically raised 18 inches and do not extend much
over 8 feet above the walkway. Ground floors which are noticeably
above grade are exceptions. The articulation of the window itself is still
another element giving pedestrian scale (human related dimensions).
Glass areas are usually subdlvlded to express lndlvidual window
elements and are further subdivlded by mulllons Into small panes
which is responslble for much of the Old World charm of the
Viilage.
Similarly, windows are often clustered in banks juxtaposed with
plain wall surfaces to give a pleasing rhythm. Horizontal
repetition of single window elements especially over long
distances, should be avoided.
Large single pane windows occur in the Village and provide
some contrast, as they are generally consistent in form with other
windows. Long, continuous glass is out of the character.
Bay, bow and box windows are common window details, which
further variety and massing to facades and are encouraged.
Reflective glass, plastic panes, aluminum or other metal frames
are not consistent in the Village and should be avoided. Metal-
clad or plastic-clad window frames, having the appearance of
painted wood have been used successfully and are acceptable."
In addition, the Urban Design Considerations also specifies that decorative door
treatments are desired for Vail.
In regard to landscaping, the Urban Design Considerations say this:
"Opportunities for planting are not extensive in the Village, which places
a premium on the plant selection and design for the sites that do exist."
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J ne applicant does a good job at providing landscaping during the summer months with
flowers and other plantings. lt is the staff's feeling that this effort with the landscaping which
will remain are sufficient. The stalf recognizes that the removal of some portion oi
landscaping is necessary if the bay windows are to be expanded. However, we feel that the
benefits gained in the other areas of the review criteria mitigate the loss of landscaping. We
believe the window treatments now comply with the design considerations and requesl that a
vertical mullion also be used in addition to the proposed horizontal mullions.
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VI. EXTERIOR ALTERATION FIEQUEST COMPLIANCE WITH THE PUFPOSE SECTION
OF COMMERCIAL CORE I
Section 18.24.010 Purpose:
"The Commercial Core I District is intended to provide sites and io maintain the
unique character of the Vail Village Commercial Area, with its mixture of lodges
and commercial establishments in a predominantly pedestrian environment.
The Commercial Core I District is intended to ensure adequate light, air, open
space, and other amenities appropriate to the permitted types of buildings and
uses. The District regulations in accordance wiih the Vail Village Urban Design
Guide Plan and Design Considerations prescribes site development standards
which are intended to ensure the maintenance and preservation of the tightly
clustered arrangements of buildings fronting on pedestrian ways and public
greenways, and lo ensure continuation of the building scale and architectural
qualities that distinguish the Village."
The staff believes that this proposal is in conformance with the intent of the purpose section of
Commercial Core I zoning as stated above.
VII. RELATED GOALS AND POLICIES OF THE VAIL VILLAGE MASTER PLAN
Goal #2 -To foster a strong tourist industry and promote year-round economic
health viability for the village and for the community as a whole.
2.4 Oblectlve:
Encourage the development of a variety of new commercial activity where
compatible with existing land uses.
2.4.', Policy:
Commercial infill development consistent with established horizontal zoning
regulations shall be encouraged to provide activity generators, accessible green
spaces, public plazas, and streetscape improvements to the pedestrian network
lhroughout the Village.
Goal #3 - To recognize as a top priority the enhancement of the walking
experience throughout the Village.
3.1 Oblective:
Physically improve the existing pedestrian ways by landscaping and other
improvements.
3.1.1 Pollcy:
Private development projects shall incorporate streetscape improvements (such
as paver treatments, landscaping, lighting and seating areas), along adjacent
pedestrian ways.
3.1.3 Policy:
Flowers, trees, waler features, and other landscaping shall be encouraged
throughout the Town in locations adjacent to, or visible from, public areas.
VIII. RELATED GOALS OF THE STBEETSCAPE MASTER PLAN
The following items are discussed in the Streetscape Master Plan and relate to this project.
"seibert Circle is proposed to be replaced by a large planter that is surrounded by low
steps for informal seating. A large "specimen" evergreen tree should be maintained in
the Circle. Seibert Circle's focal point could be a fountain or an artwork feature that
will be visible from much of Bridge Street. One theme currently being discussed is a
public art project honoring the 1Oth Mountain Division. Seibert Circle's ability to be
used as a performance site should also be considered."
The statf does not feel that it is appropriate to require the improvements for Seibert Circle in
coniunclion with this project. However, we do feel that the applicant should be responsible for
providing slreet furniture around the buibing to further the implementation of the Streetscape
Plan' This would include the use of the furniture in a seating area on the west side of the
building and a bench on the east side at the entry. The applicant has agreed to installing the
bench on the north side, but not on the west.
IX. CONCLUSION
The staff feels that the concepts of the proposal are good. We feel that the increase in ill-lransparency of the building is a positive addition to the area. While the application does b,l.lYrremovelandscaping,wefeel thatitisappropriateconsideringtheentireproposal. Thestaff ,.nj1 " r.{'would recommend approval of the application with the following conditions:
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r: lnnli.ant nrnvido etraota^r^6 frrrni'rra atr.na rha I : i|7nf..; '; 1. JltSt Jh9 applicant provide streetscape furniture along the east and west sid#. ,v-
This includes the addition of one wooden bench at ihe northeast entry and a
seating arrangement on the west facade which should include approiimately
three benches 5-8 feet in length or three tables and chairs (four per table), or a
combination of the above. Please see the attached cut sheets. ihis will ieptace
lhe existing plastic furniture currently used;
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2.That a vertical mullion will be added to the bay window and door sidelights to
improve the window articulation;
That the applicant must conform to all sign code criteria. This would include
lhe reduction of the signage for the sonnenalp ski storage located on lhe east
side.of the building to 1/2 square feet totalwith a maxinrum of one sign. This
would need to be reviewed by the DRB in conjunction with this projedt and
altered immediately. In addition, should the sonnenalp ski storigafacilities, on
the west side of the building, not fit in the existing location after t-he installation
of the proposed landscaping planter, the staff wouto ue opposed to these
facilities projecting any further into the walkway that the cwrent encroachment
which extends to the west edge of the tree grates;
fu,o.That all conditions of the approved sign variance associated with this building
will need to be met. The applicant will need to amend the sign variance
approval for this business in order to allow for any change in signage;
Thal the applicant will remove or obtain approval for all coin operated ski
storage facilities not located on the applicant's property. Approval will need to
be obtained from both the Town of Vail and the United States Forest Service;
Specifically, the chicken wire fencing which attached to the metal railings along ( t 0 , t^A
the west side of the property. fugrfffr,"V
That the applicant agrees to allow pavers and drainage improvements to be I
placed on the east and southeast portions of the Hill Building property in order
lo implement the Town of Vail Streetscape improvements (i'e. Seibert Circle
and pedestrian access to the Vail Mountain) at such time that this project is
implemented. Please see attached plan.
that if all of the above conditions are met, that the application does meet the
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criteria for an exterior alteration and the items listed in the comprehensive plan.
The staff is also concerned with a longstanding issue which remains on this site. This
involves the parking of a vehicle in the right-of-way which is associated with the use of this
building. While the stall does not feel it is appropriate to associate this issue with lhe
approval or denial of this project, the stalf feels that this issue should be addressed and would
like further comment from the Planning and Environmental Commission on this item.
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TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Community Development Department
February 22,1993
A request for a work session for a major exterior alteration to allow exterior
modifications to the Hill Building located at 254 Bridge StreeUa part of Lot L,
Vail Village First Filing.
Applicant: Blanche HillPlanner: Shelly Mello
I. DESCRIPTION OF REQUEST
The applicant is requesting to add 120 square feet of additional retail floor area to Curtin Hill
Sports. All additions are on the first floor, and involve the enlargement of existing bay
windows, changes to entries, and the addition and deletion of landscaping. A toAloi214
square feet will be added and 94 square feet will be deleted for a net increase of '120 square
feet of retail floor area.
The applicant proposes to infill the notched entry door on the northeast corner as weli as the
notched entry door on the north elevation. 69 square feet of planter box at the northeast
entrance will also be removed with the proposal. The applicant also proposes to cut the
northwest corner of the building at a 45 degree angle which will remove g4 square teet of floor
area, and 56 square feet of landscaping in order to add a new entry which faces Eaton Plaza.
This will be similar to lhe entry treatment located adjacent to this pioperty at Christy Sports.
The west entrance will also be infilled for an additional 108 square feet. This addition was
approved by the PEC under a separate application in 1992. The previous application moved
the doors out to be on the same plane as the building elevation. The current'proposal shows
windows where the doors were to be located. The additional floor area for tliii addition has
been included in the calculations for this proposal.
A total of 66 square feet of retail space will be added by expanding bay windows on the north
and west sides of the building. These windows will be cantilevered over existing paved areas
and planted areas. While it will not remove existing soil, these bay windows wilidecrease the
amount ol plantable area. A net total of 146 square feet of landscaping will be lost due to the
enlargement of the bay windows and the other modifications. 102 squire teet of new planting
beds are proposed. There is a net loss of 42 square feet of planted area.
There are no sirgns proposed with this application. All requests to change signage and to
amend the approved sign variance for this property must be reviewed ny tnJOeiign Review
Board.
II. ZONING CONSIDERATIONS
Lot Slze:
Zonlng:
Site Coverage:
Allowed -
Existing -
Proposed -
Parklng:
8407.8 sq. ft.
Commercial Core I
6726.24 or 80%
5963 or 71%
6022 or 71.6To
.37 parking spaces
The appliclnt will be required to contribute $3013 to the Town of
Vaif parking fund. The proposed addition will require -37 ol a
parking space. The parking fee for retail expansions in
Commercial Core I is $8000 per space.
III. EXTERIOR ALTERATION REOUEST
The Vail Village Urban Design Guide Plan includes three elements that establish the review
criteria for this application. The first of these is referred to as the Guide Plaq which includes a
number of sub-area concepts, many of which identify potential areas for future development
and other improvements. Secondly, the Urban Design Considerations express the large-
scale, land use, planning and design considerations and architectural/landscape criteria for
evaluating a proposal.
The VailVillage Master Plan and the Town of VailStreetscape Master Plan also address
specilic goalJpertaining to the enhancement of the walking experience throughout the Village
that must be considered in this application.
ln addition to these masler plans, zoning considerations are also a factor in reviewing
proposals ol this nature.
There are three specific sub-area concepts in the Urban Design Guide Plan relevant to this
proposal. They are as follows:
10. Seibert Circle. Feature area paving treatment.
10A. Mountain gateway improvementS. Landscaping screen, minonplaza, pedestrian
connection loop to Wall Street.
1 1. Limited buitding expansiorVimprovements. lncrease facade transparency on
south side to strengthen pedestrian activity, with entry to street. Potential
expansion ot building to south property line. Additional vertical expansion may
bs considered on south end of building to improve street enclosure proportions
lv.
CONSIDERATIONS:
but must respect designated Hill Street - Gore Range view corridors. Potential
second level open balcony deck (sun pocket) to restore activity to street lost
from ground floor terrace.
The first of these deals with improvements to Seibert Circle. The plan calls for paving
improvements. This intent is also repeated in the Vail Village Streetscape Plan. We are
recommending that the applicant construct a paver treatment along the south and east side of
the building which will be compatible with the plan for Seibert Circle. (Please see page
Section Vlll, 7 of this memo.)
concept 10A discusses mountain gateway improvements. This calls for increased
landscaping, a minor plaza and pedeskian connection loop to Wall Street. This concept does
relate lo this proposal as it suggests that landscaping should be maintained in the area
between The Golden Peak House and Curtin Hill Sports. The Staff feels that the paver
treatment discussed in the previous paragraph would improve this pedestrian connection
Sub-area Concept 11 relates to building expansion improvements on the south side of the
Gurtin Hill Building. lt discusses the desire to increase facade transparency on the south side,
to strengthen pedestrian activity, and also discusses creating additional entries on the south
side. The proposal includes a new entry on the southwest corner of the building which is a
positive addition to this corner. This proposal does not include any other improvements to this
elevation.
\
3
V. EXTERIOR ALTERATION REQUEST COMPLIANCE WITH THE URBAN DESIGN
CONSIDERATIONS FOR VAIL VILLAGE:
The following design considerations are critical elements of the Urban Design Guide Plan.
They identify the key physical characteristics of the Village and provide the tools to assure
that new development is consistent with this established character. The Design
Considerations of the Urban Design Guide Plan relating to this site are as follows:
1.
2.
3.
4.
5.
6.
7.
8.
o
10.
Pedestrianization
Vehicular penetration
Streetscape framework
Street enclosure
Street edge
Building height
Views and focal points
Service and delivery
Sun/shade
Architectural and landscape considerati0ns
The staff is specifically concerned with how this proposal relates to the streetscape framework
and architectural and landscape considerations discussed in the Urban Design Guide Plan'
The Design Considerations identify two alternatives for improving the Streetscape framework
and pedestrian experience in the Village. These include the development of open space
including landscaping along pedestrian routes and the develbpment of in-fill commercial store
fronts along pedestrian corridors.
While landscaping can provide a softening of buildings and a colorful framework, commercial
infill can provide activity generators and visual inlerest for the pedestrian. Increased
transparency of shop frontages, planting and landscaping, paving design, all add to the visual
interest of buildings. while the application includes all of these items, the staft feels that
further refinement to the application should be made to maintain existing landscaping and to
increase the facade articulation of the proposed bay windows by adding some smaller panes
to the windows and breaking up the large bay windows into smaller bays.
The architectural/landscape considerations discussed in the Urban Design Guide Plan
specifically speak to window and door details in the Village. In this regard it says:
"ln addition to the general degree of transparency, window details are an
important source of pedestrian scale giving elements. The size and shape of
windows are often a response to the street adjacent. For close-up casual
pedestrian viewing, windows are typically sized to human-sized dimensions and
characteristics of human vision. (Large glass store fronts suggest uninterrupted
viewing from a moving car. The sense of intimate pedestrian scale is
diminished,) Grand floor display windows are typically raised 'l I inches and do
not extend much over I feet above the walkway. Ground floors which are
noticeably above grade are exceptions. The articulation of the windory itself is
still another element giving pedestrian scale (human related dimensiohs).
Glass areas are usually subdivided to express individual window elements and
are further subdivided by mullions into small panes which is responsible for
much of the Old World charm of the Village.
Similarly, windows are often clustered in banks juxtaposed with plain wall
surfaces to give a pleasing rhythm. Horizontal repetition of single window
elements especially over long distances, should be avoided.
Large single pane windows occur in the Village and provide some contrast, as
they are generally consistent in form with other windows. Long, continuous
glass is out of the characler.
Bay, bow and box windows are common window details, which furthe.r variety
and massing to facades and are encouraged.
He{lective glass, plastic panes, aluminum or other metal frames are not
consistent in the Village and should be avoided. Metal-clad or plastic-clad
window frames, having the appearance of painted wood have been used
successfully and are acceptable."
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In regard to landscaping, the Urban Design Considerations say this:
"Opportunities lor planting are not extensive in the Village, which places a
premium on the plant selection and design for the sites that do exist."
While the applicant does a good job at providing landscaping during the summer months with
flower and other plantings, it is the staff's general feeling that it is critical to maintain areas for
permanent planting for vegetation such as evergreens and shrubs. While the staff recognizes
that the removal of some portion of landscaping is necessary if the bay windows are
expanded, the staff feels that the reduction in landscaping could be minimized and the window
and door arliculation improved. ' ..'
VI. EXTERIOH ALTERATION REQUEST COMPLIANCE WITH THE PURPOSE SECTION
OF COMMEHCIAL CORE I
Section 18.24.010 Purpose:
"The Commercial Core I District is intended to provide sites and to maintain the
unique character of the Vail Village Commercial Area, with its mixture of lodges
and commercial establishments in a predominantly pedestrian environment.
The Commercial Gore I Dislrict is intended to ensure adequate light, air, open
space, and other amenities appropriate to the permitted types of buildings and
uses. The District regulations in accordance with the Vail Village Urban Design
Guide Plan and Design Considerations prescribes site development standards
which are intended to ensure the maintenance and preservation of the tightly
clustered arrangements of buildings fronting on pedestrian ways and public
greenways, and to ensure continuation of the building scale and architectural
qualities that distinguish the Village."
The staff believes that this proposal is in conformance with the intent of the purpose section of
Commercial Gore I zoning as stated above.
VII. HEI-.ATED GOALS AND POLICIES OF THE VAIL VILLAGE MASTER PLAN
Goal #2 -To foster a strong tourist industry and promote year-round economic
health viability for the village and for the community as a whole.
2.4 Oblectlve:
Encourage the development of a variety of new commercial activity where
compatible with existing land uses.
2.4.1 poticy:
Commercial infill development consistent with established horizontal zoning
regulations shall be encouraged to provide activity generators, accessible green
spaces, public plazas, and streetscape improvements to the pedestrian network
throughout the Village.
Goal #3 - To recognize as a top priority the enhancement of the walking
experience throughout lhe Village.
3.1 ObJective:
Physically improve the existing pedestrian ways by landscaping and other
improvements.
3.1.1 Policy:
Private development projects shall incorporate streetscape improvements (such
as paver treatments, landscaping, lighting and seating areas), along adjacent
pedestrian ways.
3.1.3 Policy:
Flowers, trees, water features, and other landscaping shall be encouraged
throughout the Town in locations adjacent to, or visible from, public areas.
This proposal is generally consistent with the established zoning, the existing uses of the area
and will also provide interest and activity to the area, however it is not consistent with the
objectives listed under Goal #3 of the Master Plan. In an effort to meet these objectivgs, the
staff finds that there can be modifications to the proposal which will decrease the amount ol
landscaping that is removed. This can be accomplished by using standard bays instead of
creating expansive single bays. In addition, the staff does not feel the removal ol all
landscaping at the northeast entrance is merited.
VIII. RELATED GOALS OF THE STREETSCAPE MASTEH PLAN
The following items are discussed in the Streetscape Master Plan and relate to this proiect.
'Where adequate room for permanent landscaping does not exist, seasonal, movable
planters should be used. In addition, each new light pole installed should be equipped
to handle hanging flower baskets.
Seibert Circle is proposed to be replaced by a large planter that is surrounded by low
steps for informal seating. A large'specimen'evergreen tree should be maintained in
the Circle. Seibert Circle's focal point could be a fountain or an artwdrk feature that
will be visible from much of Bridge Street. One theme currently being discussed is a
public art project honoring the 1oth Mountain Division. Seibert Circle's ability to be
used as a performance site should also be considered."
The staff does not feel that it is appropriate to require the improvements for Seibert Circle in
conjunction with this project. However, we do feel that the applicant should be responsible for
providing funds or make improvements that further the goals of the Streetscape Master Plan'
After further investigation, the staff would like to see the applicant make improvements to the
walkways on the south side of the building and along their property line on the east side
between the Golden Peak House and the Hill Building. These improvements would be in the
form of adding brick pavers to these areas. A similar treatment can be seen across the street
at the Red Lion Building where there is an undulating brick paving line adjacent to the
building. The staff feels that this would be an appropriate addition to the corridor to the
mountain between the Golden Peak House and the Hill Building. The staff would ask the
applicant to investigate lhis prior to the final approval for this project. In doing this lreatment
both the pedestrian area on the south side of the building and the street edge between the
Golden Peak House and the Hill Building willbe improved.
IX. CONCLUSION
The staff feels that the general design concepts of the proposal are good' There are,
elements which the stalf feels should be further refined which include window articulation and
landscaping. The staff feels that while there is minimal decrease in the amount of
landscaping on the site that the landscaping being removed on the north and the east
elevations is critical. The staff would suggest lhat the applicant consider keeping the existing
landscaping on the northeast entrance to the building and also modify the proposed bay
windows to create individual bays similar to the existing, but larger which allows more planting
area to be retained. In conclusion, the staff has the following concerns:
Reduction in landscaping along the north elevation and a northeast entry.
Window Delineation of bays.
Provision of Streetscape lmprovements.
1.
2.
3.
The staff is also concerned with a longstanding issue which remains on this site. This
involves the parking of a vehicle in the right-of-way which is associated with the use of this
building. While the staff does not feel it is appropriate to associate this issue with the
approval or denial of this project, the staff does feels that this issue should be addressed and
would like further comment from the Planning Commission on this item.
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between the corner of the dining deck and the eastern-most wall of Colorado Insight
(front to back); and 5) that 5 to 6 feet of space be required between the base of the
Bird of Paradise sculpture and the chairs and tables.
Jeff Bowen seconded this motion.
A vote of 6-1 was taken, with Gena Whitten voting against this request.
Gena Whitten stated that she opposed this project because there were no ordinances
in place to address vending carts in particular.
A request for a work session for a major exterior alteration to allow exterior
modifications to the Hill Building located at 254 Bridge StreeUa part of Lot L, Vail
Village First Filing.
Applicant: Blanche HillPlanner: Shelly Mello
Shelly Mello made a presentation per the staff memo and stated that this application
has merit. She outlined the concerns that staff has with this request.
Kristan Pritz added that this request is positive, but it needs refinement.
Jay Peterson stated that there were some corrections to be made on the plans. For
instance, there was a portion of planter that was indicated on the drawings as existing
that does not exist. He also stated that a portion of the proposal had already been
approved by the PEC. This area is on the west elevation at the existing entry. As
approved, it was to be an entry and is now proposed as windows. He said that they
are trying to open the plaza and ticket window area on the west elevation by moving
this entrance. He also stated that trash and snow trucks are constantly hitting the
planting area on the east side which this proposal removes. He stated that they are in
disagreement with the staff concerning the bay windows.
Gena Whitten stated that the proposed bay windows are visually encroaching because
the street is narrow and this type of window takes space away. she also asked about
the plastic seating and other elements on the west elevation on the west side.
Jack Curtin stated that staff and PEC needed to consider the location of this request.
He said that staff has identified that they want the public to be able to sit down and
that this area by the plaza is a service area. He also stated that the sonnenalp ski
lockers are a good service and that some of these things have to be lived with as a
guest service.
Jay Peterson inquired of the PEC whether there was anything that they would like to
see happen with the building ptan.
Phnnlng .nd Envirmrbntrl Co||mb3bn
FebruEry 22, i99g
14
Greg Amsden stated that he had no problem with the building.
Jack Curtin stated that the space being added was not retail space and that it was his
feeling that the modifications they are proposing will draw people to the plaza.
Kathy Langenwalter stated that she does not want to see the front landscaping that is
presently there be done away with. She said that it was not necessary to take the
whole pad when only two-thirds is necessary for lhe reasons stated. She also stated
that she disagrees with the staff in that the windows being proposed by the applicant
are appropriate for the building.
Chuck Crist stated that he agrees with Kathy. He inquired whether the trash
receptacles currently in place are adequate for the building and whether there were
requirements in place addressing garbage pick up.
Jack replied that yes they were adequate.
Dalton Williams inquired whether a commercial kitchen license was necessary for the
operation of the Daily Grind cart.
Chuck Crist inquired what the rationale was for the coffee shop and stated that he was
under the impression that the enclosed food service areas had to have a triple sink,
etc.
Jack Curtin responded that all of the requirements pertaining to a commercial kitchen
license had been met with the kitchen provided in the lower level.
Dalton Williams stated that he would encourage planters with seating on the west side
of the building. He said that in the summertime, people sit on the metal railing and
that if planters with a 6 to 9 inch rock surface were put in, that people could sit on
these and in the wintertime, locks could fit on top of these planters to accommodate
skis. He also stated that he agrees with Kathy concerning landscaping and Greg
concerning the comments on the west side of the building. with regard to the bay
windows, he stated that he felt they would make the street to narrow. He then iniluired
about a car parked in the vicinity and whether it could be enclosed.
Jeff Bowen stated that he also agreed with Greg about the mess on the west side ol
the building. He said that he was not concerned about the Sonnenalp ski locks. With
regard to the bay windows, he feels that this type of expansion is too much for the
busy, narrow street.
Diana Donovan stated that it was her feeling that the sonnenalp signs needed to be
more discrete and that it would be good to incorporate the benches into the plan.
PLnnlng and Envirdtmontal Cormb3lon
February 22, 1993
tr.15
Jack Curtin stated that the tables and chairs were there for the public use and a large
number of people use them.
Jeff Bowen stated that the white plastic detracts from the area.
Jack stated that he was merely matching what the Popcorn Wagon had done with the
tables and chairs.
Kristan Pritz stated that the popcorn wagon has been asked to go in front of the DRB
because of the concern over this issue (white plastic chairs and tables) which were not
approved by DRB. She further stated that the use of the area by pedestrians was
something slaff wanted to encourage.
Diana Donovan inquired where the corner of the Plaza Building was located and where
the corner of the sidewalk was.
Jack Curtin showed her these items on the plans and stated that the car has been
there for a long time. The owner of the car has not sold her property there, and she
still lives there.
Diana Donovan stated that the owner of the car needs to move it because it no longer
belongs there visually.
Jay Peterson stated that they would like to do bay windows for this proposal because
they are very transparent. He then inquired of the pEC whether cutting the windows
back and articulating them with a transom across the top would be appropriate.
Kathy Langenwalter stated that this was not appropriate.
Kristan Pritz stated that stafl feels this type of window would be too modern looking
and not in keeping with the guidelines for this area.
Kathy Langenwalter stated that she would like to see small divided lights on the side
windows with a picture window in fhe center.
Krislan Pritz responded that that could work and stated that the staff was mainly
concerned with the guidelines and Kathy's suggestion was a good one.
Diana Donovan added that the space should not be made any tighter.
It should be noted that chuck crist left the meeting at 6:00 p.m. and Jeff Bowen left at
6:15 p.m., prior to the conclusion of this item.
planding and Envircnmontal Comrnbs.ton
li February 22, 1993
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75 Soath Frontage Road
Vail, Colorado 81617
30t-47 9-211 I / 47 I -2119
D epartment of Comrnunity Dea elopment
January 19, 1993
Mr. Jay Peterson
Vail National Bank Building, Suite 307
Vail, CO 81657
RE: Curtin Hill Sports Remodel
Dear Jay:
As a follow up to our previous discussions, I felt that I should convey to you the staff concerns
on the proposed renovation to Curtin Hill Sports. I am also in need of some further
information to complete the staff review for this project before it can be scheduled for a PEC
hearing.
The fiist issue, as we previously discussed, is with the proposed removal of a substantial
portion of the existing landscaping along the north side of the building and at the east entry to
the shop. The staff feels that it is critical to maintain existing landscaping within the Village
and we have some question as to the necessity of the removal ot the landscaping and the
viability of the remaining landscaped areas.
A second concern deals with the proposed renovations to the existing bay windows. As
proposed, there would be a single pane of glass with vertical mullions, essentially creating a
single bay window from the existing multiple bay windows. This is a concern to the staff as it
is not in keeping with the Urban Design Guidelines for the Village. A third concern deals with
the proposed electric glass doors on both the east and west entries. Per the Urban Design
Guidelines for the Village, this type of door treatment is undesirable for the area. Please see
the attached sections of the Vail Village Urban Design Guide Plan and Design Considerations
that call for decorative door and window treatments for projects in the Village.
The staff requests the following information in order to further review this item. First, we
would like to have a site plan with property lines indicated, as well as a clear indication of
existing building and proposed additions. This is especially a concern on the west elevation
where new doors are being added and also on the south elevation where an existing area is
being enclosed. The current drawings are unclear. For example, as you indicated, the doors
on the west elevation are not to be modified, but are shown as such. The property lines,as
they relate to the proposed improvements, are also important in order to determine the
implications on snow removal as well as fire access.
Page Two
January 1S, 1993
Peterson
A site coverage and landscape variance may also be necessary as the improvements will add
site coverage and remove landscaping. lt is unclear on the plans if there is building above the
proposed additions which would already count as site coverage. Additional applications and
fees for these variances may be necessary.
In addition, we would also request building elevations at a larger scale than submitted.
Currently, there is no scale indicated on these drawings. Our requirements specify 1/8" =1'
for building elevations. lt is very difficult to understand what is proposed and the impact of the
proposal from the submitted elevations. I would ask that lhe changes be noted on the
elevations. The perspectives are quite helpful, however, they do not cover the entire project.
As you have seen in other projects in the Village, the Town of Vail is embarking on the
implementation of the Streetscape Plan for the Seibert Circle area. We would like to discuss
with you further this project's relationship to the Streetseape Plan, specifically Seibert Circle
and the Vista Bahn skier accessory.
A final issue related to the review of this project deals with the on-site parking located on the
east side of the building. In a previous review of this building, the stali mentioned this item,
however, because of the location of the improvement, we did not require the parking issue to
be resolved. Because of the growing congestion in this area, we feel that it is now important
to address this item. Unless the applicant is able to provide documentation, of the approval
from the Town to park in the Town right-oFway, the staff believes that it is appropriate to
require that the vehicle be parked either in the existing garage or ofFsite out of the restricted
vehicle area. By removing the vehicle, the pedestrian character of the Village is improved.
Two unrelated issues to this project, but related to the building, have been brought to the
staff's attention, First, the applicant has placed two to three tables in the walkway between
the One Vail Place Building and the Hill Building. lf these are available to the geheral public,
then the applicant is asked to submit a DRB application. lf they are restricted for the use of
the Hill Building users, then this area would be considered a dining deck and the approval of a
conditional use permit is necessary to continue the use. The second issue relates to the
exterior storage of ski equipment. This includes both the coin operated fixtures and the
monitored storage for the off-site lodges located on the property. While the staff feels that the
use is appropriate, we feel that the signage and aesthetics of the use may not meet the DRB
guidelines or the sign code. The staff again would ask that the applicant submit this item for
review by the staff and the DRB. I would appreciate your help in resolving these concerns.
Page Three
January 19, 1993
Peterson
I would appreciate having this informalion at least two weeks in advance of the PEC hearing.
The project is currently scheduled for the Feb. 8 PEC meeting, therefore, I would need your
response by January 25 to maintain the current schedule. Please call me should you have
any questions. Thank you for your assistance.
ffi*t
Sheflf Meno
Town Planner
XC:Jack Curtin, Curtin Hill Sports
Kristan Pritz
-
I
I,EWIS ASSOCIATES ABCIilTECTS
JanuarY 26, I993
l4r. Jack Curtin
durtin Hill SPorts
3Il Bridge Street
v.if, colorado 81657
Dear Jack:
I received the Fax
oroPosed build:'ng-.""io""a Plans and
these matters '
vousentregardingPlanning,sconcernaboutthe
illJ"lff i',1*;i;"""T:',",;'ti"li';"::"T
j;'J'"1'Ii
trlt*"*r.n
the addirion -of a. 'plantins
bed tha't *t!:1"" vour tvpical
p r an r e r s,
" ":';' ;rd ; "-,i",,_ LT'i.-."1,'"" *l:" i lti: : :!.H ;
t
i l:'have onLr ","?.""1.,."."rJ"t.
.;;i"-d=;;; not take_j
i::: "":'titnrnn visibir:,tv.
-.i"t-i'-' n1 nra1,t boxes that You
',, : : i i" ;. ; 3' ;i,';;'r fi 11: ;$1i' iF' i i * i"
='
,li; f t *'"'# :i :
ma i nt a in ""-;;;; tr' t ".o"i'"' ::;iii ;tll*:rtX", i,,X".u" "i"; e?:
viii.s. but io not show.uP
show them on elevations')2 Inx,?x's'' lt:;?':lirb:,::ii tF#;""",:h:!:il:it':{t&'i'iliI,,. i."' "c .,1; X'"\f rt!' Sll t J
"
" ",. " "l ln .. n"_.:
iln;l:r";:ds below' ', "i,"-"- al'""""?Jil"L:t1ion spacins t9'
approximatt*irl" present- winaii sizes ' Any f urther diiution- ot
thewindowto"""ptwouldr':'"i?i;;;;efflctivenessasdisplav
windows.
Per our di-scussrons on site last-Thursday' we'decided to go
ro a French sryr.'i.i,ur.-wood-door"-:-tr-t
'"ia:.li?_lt= in 1i'eu
of the propot.u ""ili]ii"""iiai"s'alor;' Thi: wi'lI be Iess
costly to you t"i-l"ttai"ry *ott-i"uorable to the revrew
committee
tsv eliminating the need' to enclos-e the presen+' exterior space
al th. southwest^;";;;'-Lnd br k;;;;i-tr'" P'::ult basement
entrance as :"E '":";;;'"'"- o"fv Jt-JptJi"g a net increase rn
130 East Kiowa Street Suite 3O1 Colorado Springs, Colorado 80903' 719'635'1427
floor area of +- 87 square feet ( Noted on drawings, )
In response to their request for larger scale elevations, Ithoroughly noted the proposed additions and alterations to thebuilding and landscape elevations but at the same scale wepreviously submitted. Their requirements specify 1,/9" = 1'0"(which is what they are) and to enlarge thim would be costlyand further delay our response. I also see little benefit inthe clarity of a larger scale.
As r mentioned yesterday by phone, we should hold off on theworking drawings until you receive a favorable response from thereview committee. upon hearing from you, we wiit proceed asdirected to complete the drawings and specifications.
Please let me know if you require additional information. r thinkwe have more than obiiged their concerns and have arrived at a lesscostly, simpler proposal as well.
Sincerely,
LEWIS ASSOCIATES ARCHITECTS
OLCry"fu
Perry Lewis AIA
)I
/// .' .2l€,ti''I-
INIffi _ DEPARTT,IEI]IAL REVIEW
PROJECT: (' UT+i
DAIE SIJBHITIED
CCMMENTS NEEDED BY
BRIEF OESCRPNON OF THE PROPOSAK
PUBLIC\{ORKS.,- rl t/
Reviewed by. r2ft1 l'ld l/Cornrnents: I
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Date of pEC Meetinq illn lql--tt-
APPLICATION FOR EXTERIOR ALTEMTIONS
OR MODIFICATIONS IN COMMERCIAL CORE I
VAIL VILLAGE
ADDRESS 254 Bridge Street, Vail, Colorado 81657
I' Pl anning.and Environmental Comnission review is required for the alterationot-an existing building which adds or removes any enclosed floor area or -
9!lg99l patio or the rep'lacement of an existing 6uilding LocATED itr-fni CcfDISTRICT. FOLLOWING PEC APPROVAL, THE PROJEcT MUST BE REVIEt,tED BY THE DRB.
The application wjll not be accepted until all information is subrnitted.
A. NAME 0F APPLICANT Vail Ski Renrals, rnc.
p11g11g 476-ss42
B.NAME OF
ADDRESS
APPLICANT'S REPRESENTATIVE Jay K. Peterson
Suite 307, Vail National Bank Building
Vai1, Colorado 81657 p1161E 476 -0092
C. NAME 0F Ot^tNER(S) (print 0r ) glanche C. Hi 11
SIGNATURE(S)
D.
ADDRESS 3ll Bridee Street
PHoNE 476-5542
OF PROPOSAL: LEGAL Part. of Lot L, Vail Village lst FilingLOCATION
ADDRESS
c0 81657
E. FEE P $zoo.oo (LEss rHAN.l00 sQ.Fr.)_ $s00.00 (l,roRE rlrAN 100 sd.. Fr:)
TEE FEE MUST BE PAID BEFORE THE COMMUNITY
REVIEW YOUR PROJECT.
II. PRE-APPLICATION CONFERENCE:
A PRE-APPLICATION. CONFERENCE WITH A-PLANNING STAFF MTMBER IS STRONGLY SUGGESTEDT0 DETERMINE IF-ANY ADDITIONAa irlronmnriolr is-rirELbrii.' N0 AppLrcATroN htrLLBE ACCEPTED UNLESS_rT rs coMpLEiE (ry.ry lncr.uos-Af-irEMS REQUIRED By rHEzONING ADMINISTRATOR). IT ls-iHE AppircArli;i-nesFoNiisrLrry T0 MAKE AN ApporNT-MENT hIITH THE STAFF TO FiND OUT ABOUT ADDITIONAI-SUiiMiiiNT REQUIREI{ENTs.
lbF^iEdliF iitl i'!8fthEI5'fi3'ilE^il1flil,H'bF 3Jn5fl!6ilS [i'^irR3$XiLTPR0cEssTHE PEc MAY STIPULATE. ALL-COnoiilolrs oF nppnovni'l,ruii ae col'lpliED urTH BEFoREA BUILDING PERI'4IT IS ISSIm-.--ili'iOL.OWTNC NUii Sr'iUBMITTED:
A' Improvement,survey of property showing property r ines and rocation ofbuilding and any improveminti-on the iana.'
B. A list of t!g..!glqs of owners of..lll..prgperty adjacenr to the subjectpropertv INCLUDING PRoPERTv BEHTND nnb nbnoii siiesis, ,na-fr,eir-tiiiingaddresses. THE APPLIcATIT wrl[.er REspoNaislE Fori-ionieci-dr;iNcftonlises.
254 Bridse Street Vail, CO 81657
DEVELOPMENT DEPARIT{ENT
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INTER.DEPARTMENTAL REVIEW
PROJECT:/t( 4
DATE SUBMITTED:
DATE OF PUBLIC HEARING
COMMENTS NEEDED BY:
BRIEF DESCRIPTION OF THE PROPOSAL:
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..Blanche C. Hill
One Vail Place. Ccndo-Association
31 1 Bridge Streel
Vail, CO 81657
Vail Associates
P.O. Box 7
Vail, CO 81658
Glark Willingham
- Plaza Lodge Condo Association
300 Crescent Court, Suite 700
Dallas, TX 75205
Rich Phelps
U.S. Forest Service
P.O. Box 190
Minturn, CO 81645
I CoUrn Peak Condo Association' 278 Hanson Ranch Road
Vail, CO 81657
Dave Tyrrell
Red Lion Inn Condominiums
P.O. 8ox 1982
Avon, GO 81620
t-T I Q3qp*. sr-nt cijr flt\
ffr+rs NoTrco rQHv Al*trec,r vcon ?nopeqrvl
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of
Vail will hold a public hearing in accordance with Section 18.66.060 of the Municipal Code of
the Town of Vail on March 8, 1993, at 2:00 P.M. in the Town of Vail Municipal Building.
*g5 Consideration of:
1. A request for a wall height variance to allow the construction of hazard mitigation
located at Lot 16, VailValley Third.Filing/2O39 Sunburst Drive.
Applicant: Mike GrisantiPlanner: Jim Curnutte
2. A request for setback variances tb allow for an addition to Vail Rowhouse Unit 13/Lot
13, Block 5, Vail Vitlage First Fiting.
Applicant: N.J. Nichotas.Planner: Jim Curnutte
3. A request for a proposed SDD and minor suHivision to allow for the development of
single family homes located on Tracts A and B, The Valley, Phase ll/1480 Buffer Creek
Rd.
Applicanl: Steve Genslerlparkwood RealtyPlanner: Andy Knudtsen
4. A request for a major exlerior alteration, site coverage variance, and landscape
variance to allow exlerior modifications to the Hill Building located at 254 Bridge
StreeUa part of Lot L, Vail Village First Filing.
Applicant: Blanche HillPlanner: Shelly Mello
5. A request for a wall height variance for a property located at 3130 Booth Falls
Courl/Lot 6, Btock 2, Vait Viilage 1zth Fiting
Applicant: Johann MuellerPlanner: Shelly Mello.
6. Appoint PEC Chairperson for.ope year duration.
"ff$"1,?,#"conoo associaron Ql*Ii'JHTn* Associarion $orden
P.eak*condo Assoociarion
31 1 Bridge Street 300 Crescerf Court, Suile 700 Vail, CO 81657
Vail, CO 81657 Dallas, TX 75205
Vail Associales Rich Phelps Dave Tynell
P.O. Box 7 U.S. Forest Service Red Lion Inn Condominiurs
vail, Go 81658 p.o. Box 190 p.o. Box 1982
Minturn, CO 81645 Avon, CO 81620
zl3lq3
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T*ts r{crLct MAY Atrtraor v&uq PfrP€FrV
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of
Vail will hold a public hearing in accordance with Section 18.66.060 of the Municipal Code of
the Town of Vail on February 22, 1993, at 2:00 P.M. in the Town of Vail Municipal Building.
Consideration of:
1. A request for a wall height variance for a property located at 3130 Booth Falls
CourVlot 6, Block 2, Vail Village 12th Filing
A request for a proposed SDD and minor subdivision to allow for the development of
single family homes located on Tracts A and B, The Valley, Phase ll/1480 Buffer Creek
Rd.
A request for a setback variance and site coverage variance to allow an addition and
garage for the residence located at 1886 West Gore Creek Drive/Lot 50, Vail Village
West, Filing #2.
2.
3.
4.
5.
6.
Applicant:
Planner:
Applicant:
Planner:
Applicant:
Planner:
Applicant:
Planner:
Applicant:
Planner:
Applicant:
Planner:
A request for a work session for a site coverage variance to allow an addition to the
residence located at Lot 8, Block3, VaitViilage 11th Fiting/3090 Booth Creek Drive.
Johann Mueller
Shelly Mello
Steve Gensler/Parkwood Realty
Andy Knudtsen
Christopher Bartlett and Donna Mumma Bartlett
Andy Knudtsen
Rose Foster Gillett
Tim Devlin
Mike Grisanti
Jim Curnutte
Paula May
Tim Devlin
A request for a wall height variance to allow the construction of hazard mitigation
located at Lot 16, Vail Valley Third Filing/2039 Sunburst Drive.
A request for a conditional use permit to allow for a Type ll Employee Housing Unit, for
the May residence, located at Lot 6 and the east 1/2 of Lot 5, Vail Village 7th
Filing/1 1 19 Ptarmigan Road.
7.A request for a conditional use permit for an addition to the Municipal Building to house
the Vail Police Department, located at 75 South Frontage Road West (at the east end
of the existing Municipal Building), and as legally described below:
A psrt of lhe Southeast 1A ot Section 6, Tqwnship 5 South, Range 80 Wesl ol lhe Sixlh Principal Msridian, Counry of Eaglo, Slale of
Colorado, mor€ parlicularly dgscribed as lollows: Commencing at ths Soulh€ast cornsl of gaid Soction 6, lh€ncs Nonh 0O d€9r6€s
28 minul€s 16 ssconds Wsst and along lhg East line ol said Soulh€ast 1/4 ol said S€clion 6 72.75 lh€ Easl lin€ of said South€asl
1l4 of sald Sectlon 6 72.75 feel to a point, said poinl being 1 1O.OO fe€t nonh€aslgrty lrom the south€rly tighl-gl-way lino of U.S.
Highway No. 6 e,s mgaaured at rlght angles therelo; thencs Nonh 79 d€gress 46 minules 1l seconds West and along a lins Fatallgl
to said southerly right-ot-way lins 145.50 feel to The Iru€ Point ol Beginning; lhenc€ Nodh 16 degre€s 08 rninulss 47 ssconds Easl
78.00 fs€t fisncs Nonh 68 degrees 08 minutes 35 6econds W€sl428.70 ls€l; th€ncE No.th 66 degroes 01 minules 29 secondg
West 15?.57 f€€! thence South 27 dsgrsos 42 minut€s 40 s€conds West 192.66 le€t; lh€nc€ South 52 dogrees 48 minules 50
seconds East 36.32 fsst to a point, said point b€ing 110,m f€€l nodheast from said Soulh dght-of-way line of U.S. Highway I'lo. 6 as
rn€asured at right angl€s lhsr€to; th€nc€ Soulh 79 degf€€s 46 minules 11 seconds East and along a lins pqrall€l to said Soulh rbht
ot way llne 585.56 foet to Th€ True Poinl of B€ginning.
Excspl that portion conveyed to the Board of County Commissione.s ot Eagle Counly, and ths Dspartm€nl of HighwalE, Stal€ of
Colorado by rul€ and order reco.d€d January 5, 19n in Book 219 al PaO€ 441.
8.A request for a minor subdivision and a zone district change from Primary/Secondary
Residential to Low Density Multiple Family, and a request for a wall height variance for
the Schmetzko property, generally located at2239 Chamonix Lane, more particularly
described as:
Parcol A: A tracr of land containing ono ac|€, fnor€ or l€ss. localed in lh€ Soulh 1/2 ol lh€ Soulh East 1/4 o{ S€clion 1 1, Townshlp 5
South, Ranoe 8l Wesl ol lhe Sixf| Principal Meridian, more particularly described as follows:
Beginning at lhs NE cornsr ol lhe SW t /.4 of the SE 1/4 of said Soction '1 1; rhence r/osl€dy algng lhs nonhgrly line of said SW 1/4 ol
lh€ SE 'll4 b€aring solrth 86 20'W a distanca of 167.80 fl. |o a poinl:
Thgnce soufigrly along a ling 167.80 ft. dislant from and parallello lhs sasl line ol seid SW 1,4 ol the SE l/4, a dislance ot 2OO.m
fi. to a poinl:
Thenc€ €astsrly a dislanc€ of '167.80 ft. along a line 2OO.OO i. dislant from and parallsl lo the norlh line of said SW 1/4 of fio SE 1/4
lo a ooinl on als easl lan6:
Thsnce easlsrly on a lins paral'el to the norlh line of tho SW 1/4 of the SE 1/4 of Sgction 11, a distance o150.95 fi. lo a poinl:
Thence nonhorly and parallel wlth lh€ wssl lin€ ol th€ easl 1/2 ol lh€ SE 1/4 ot said Secfon 11. a distancs ol 200-00 tt. to lh€ poinl
ol inteEec on wilh lh6 oxlension of th6 nonh line ot ths Sw l/4 of tho SE 1/4 of said Ssclion 11 :
Thsnc€ w€st€rly on a defleclive angle ten of 95 21'OO" along ths €xtension ollho nonh line of lho SW 1/4 ol the SE 1/4 of said
Section 11, a distancs ol50.95 tL toth€ NEcorn€rof thsSWl/4oltheSE1/4olSecon1,|,beinglh€poinlof b€ginning.
Parc€l B: Tracl A Vail Heighls Flling No. 1 according lo he recorded dal lh€r€ol
Applicant:
Planner:
Applicant:
Planner:
Town of Vail
Mike Mollica
Erich SchmeEko
Andy Knudtsen
Blanche Hill
Shelly Mello
*'
A request for a major exterior alteration, site coverage variance, and landscape
variance to allow exterior modifications to the Hill Building located at 254 Bridge
StreeUa part of
Applicant:
Planner:
Lot L, Vail Village First Filing.
i 1,"outu I Appr i..tq:c;lgl' ',
I.
A. NAME 0F APPLICANT vail Ski Renrals, rnc.
ADDRESS 254 B.ri-dge Srreer, Vai1, Colorado g1657
Date of PEC Meeting
APPLICATION FOR EXTERIOR ALTERATIONS
OR I'IODIFICATIONS IN COMMERCIAL CORE I
VAIL VILLAGE
Planning.and Environmental Commission review is required for the alterationof,an existing buirding whiih iaoi ii removes any encrosed froor area or9y!!gqt_ourio or the repracement of in.eiisiing 6uiiiing'iocnrED rN THE ccrDISTRICT. FOLLOWING Prb NPPNOVNL, rHi iNO;ECr MUST BE REVIEWED BY THE DRB.
The application will not be accepted until a'tl information is submitted.
p11ggg 476-ss42
p NAME OF
ADDRESS
APPLICANT'S REPRESENTATIVE Jay K. pererson
SuiEe 307, Vail National Bank Building
Vail, Colorado 81657 pggpg 476-00e2
C. NAME 0F 0t,tNER(s) (print or ) nlanche C. Hi 11
SIGNAIURE(S)
ADDRESS 31I
a
e Street
n
pHoNE 476-5542
OF PROPOSAL: LEGAL ParE of Lot L, Vail Village lst FilingLOCATION
ADDRESS 254 Bridee SEreet Vail, CO 81657
E. FEE _ $zoo.oo (LESS THAN
$500.o0 (M0RE TEAN
TUE FEE MUST BE PAID BEFORE
REVIEW YOUR PROJECT.
II. PRE-APPLICATION CONFERENCE:
.100 SQ.Fr.) . pArD'.V)0
lo0 sq. FT.) ,
1^PIE:II.ILICATION C0|illiryqE WITH A PLANNJNG^STAFF_MENBER IS STRONGLY SUGGESTEDT0 DETERMINT IF ANY-ADDIii'NAi--iNriinnniIoru Is NEEDED. N0 AppLrcATr0N ,,,rLLBE AccEprED UNLESs iT ra aouplEii'itiffii lllgluDE ALL rrEMs REQUTRED By THEzoNING ADMTNiSTRAT0R). ri-ii-iir ii;piicArui;i-[e'sFoNiiei'iriv r0 MAKE AN ApporNT-MENT ,',ITH THE STAFF iO rirIO-OUi''NSiJIJi-NOOITIOruNI SUBMITTAL REQUIREMENTS.
PLEASE N0TE THAT A c+$:gt.fllp!IgAjlg!_u!!
III-EAMLTNT THE AppRovAL pRocEss
iffl l!3-riitgiilril;?"uF rNG THE *0NeeR 0F a'NDiii'ii; oF'nppnovnl-THAi----
n suiiDri'i'G p.i'ii;'i{Eiss$bb.'offfl'i3lloffi-a'fi03}^b,fr!;ir?iri3lltiinl' ii?H
'ero*eA' Improvement rurlr{-:l property showing property rines and rocation ofbullding and any rmprovements on the land.
B' A list of the names of owners of rrl.,p.gperty adjacent to the subjectpropertv INCLUDING PR0PERTY ailiND nr,rb nbnoS"s iiiEEi!; and their mai.nnsaddresses' THE npprrinrli'wrii"sE-nlsFoNii;iE ioii'iotiecr MATLTNG ADDREssES.
THE COMMUNITY DEVELOPMENT
OVER
t,
III. Four (4) cop-ies of a site plan conta.ining the following
A. The site plan shall be drawn on a sheet size of 24"of l" = 20' SHOWING EXISTING AND PR0POSED IMPR0VEMENTSvariation of the sheet size or scale may be approved byDevelopment Oepartment if justified.
B. Ilg.dg!., north arrow, scale and name of the proposed developmentl.lITH ITS LEGAL DESCRIPTI0N shail be shown on ihe'site plan.
C. i!: g*isting topographic character of the site including existingand proposed contours. This condition will only be required for'anexpansion area where there js a change of two fLet of jrade.
D. The existing and proposed landscaping, patios.
E. The location of all existing and proposed buildings, structuresand improvements.
F. ,A title report to verify ownership and easements.
IV. THE APPLICANT SHALL SUBMIT IN WRITTEN AND GRAPHIC FORM A PREPONDERANCEOF EVIDTNCE BEFORT THE PLANNING AND ENVIRONMENTAL COMMI5SION INDICATINGTHAT:
A. THE PROPOSAL IS IN CONFORMANCE I^IITH THE PURPOSES OF THE CCI DISTRICTAS SPECIFIED IN I8.24.010.
B. THE PROPOSAL_SUBSTANTIALLY COMPLIES I,IITH THE VAIL VILLAGE URBAN DESIGNGUIDE PLAN REGARDING:
1. Pedestrianization2. Vehicle penetration
3. Streetscape Framework4. Street Enclosure5. Street Edge6. Building Height7. ViewsB. Sun Shade Consideration
MANY OF THE ABOVE ITEMS SHOULD BT ADDRESSED BY GMPHIC MEANS, SUCHA5^SKETCHES, s IMULATIONS, M0DELS ( INcLtDiNG llet eH-sontNe eutLgrt'tci i,PHOTOS, ETC.
IF THE APPLICANT IS PROPOSING A MAJOR CHANGE TO THE VAIL VILLAGE URBANDESIGN GUIDE PLAN, THE PROCEDURE FOR CHANGES ARE NOTED IN SECTION18.24.220(8) .
C. THE PROPOSAL IS COMPATIBLE I.IITH THE CHARACTER OF THE NEIGHBORHOOO.
v. IHE_T0WN 0F VArL ZoNTNG CODE FoR CCrTHAT THE APPLICANT MUST RESPONO TO-TII
CCI
i nformation:
x 36" at a scale
TO THI SITE. A
the Community
ALSO DESCRIBTS OTHER ZONING ISSUES
WRITTEN OR GMPHIC FORM.
VI. THE ZONING ADMINISTMTOR MAY DETERMINE THAT ADDITIONAL MATERIAL IS NECESSARYFOR THE REVIIl.l OF THE APPLICATION
VII. APPLICATIONS FOR,EXTEIIOR ALTEMTIONS-OR.MQDIFICATIONS IN CCI INVOL'/INGi{oRE THAN 10q^:q$8! IEET 0F Ftoon 4!eA atii-oitiv"iivrEr,rED sEr,u-ANNUALLy, THEvNEED T0 BE SUBMITTED BEFORE rHE-iounrH r'lononi oi r'iei on NovEMBER. THE pEcH0LDS A PRELIMINARY REVIEl{ seisior,r winrin-zi onvi'or THE suBMTTTAL DATE. APUBLIC HTARING SHALL BE HELD WITHIN 60 DAYS OF THE PRELIMINARY REVIEt'l SESSION.APPLIcATIoNS F0R-THE ALTERATI0N qF AN EXtsitNG gijirbrNe THAT ADD5 0R REt4gvES ANyENCL0SED FL00R AREA 0F NOT I'|ORE THAN too-iquARE-FiEi unv BE suBMrrTED AT THE :REQUIRED TIME 0F THE MONTH F0R PLANNINe nnd rnvtnor'trrHrar- coMMIssI0N REVIEl,t.FOR MORE SPECIFICS ON THE REVIEI,I SCHEDULE, SEE-SEiiiOH 18.24,065 A5.
VIiI. YOUR PROPOSAL I,IILL BE REVIEWED FOR COMPLIANCE I,JITH VAIL'S COI,,IPREHENSIVE PLAN.
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Page: 1 of 31
A2/47 /2082 Ol iSgF.o@ o @.oo
DECLARATION
OF
COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS
F'OR
THE HILL BUILDING
THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND
EASEMENTS FOR THE HILL BUILDING (the "Declaration") is made as of
TzPL lq , Zo-,,2000, by Blanche Christian Hill (the
"Declarant" ). I
RECITALS
A. Declarant is the owner of certain real property located in the Town of Vail, Eagle
County, Colorado, more particularly described on the attached Exhibit A (the
"Property").
B. Declarant desires to create a Common Interest Community pursuant to the Colorado
Common Interest Ownership Act as set for the in Colorado Revised Statute 38-33.3-
101 et. seq. (the "Act") on the property, the name of which is The Hill Building.
ARTICLE I
DECLARATION AND SUBMISSION
Section 1.1. Declaration. Declarant hereby declares that the Property shall be held, sold
and conveyed subject to the following covenants, restrictions and easements which are
for the purpose ofprotecting the value and desirability ofthe Property, and which shall
run with the land and be binding on all parties and heirs, successors and assigns of
parties having any right, title or interest in all or any part ofthe Property. Additionally,
Declarant hereby submits the real estate to the provisions of the Act.
ARTICLE II
DEX'INITIONS
Section 2.1. Definitions. The following words when used in this Declaration or in any
supplemental Declaration, unless inconsistent with the context of this Declaration, shall
have the following meanings:
A. "Arlicles" means the Articles of Incorporation for The Hill Building Association,
lnc., currently on file or to be filed with the Secretary of State of Colorado, and any
amendments which may be made to those Articles from time to time.
B. "Annual Assessment" means the Assessment levied annually.
C. "Assessments" means the Annual, Special and Default Assessments levied pursuant
to Article XI below. Assessments are also referred to as a Common Expense
Liability as defined under the Act.
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"Association" means The Hill Building Association, Inc., a Colorado nonprofit
corporation, and its successors and assigns.
"Association Documents" means this Declaration, the Articles of Incorporation and
the Bylaws of the Association, and any procedures, rules, regulations or policies
adopted under such documents by the Association.
"Bylaws" means the Bylaws adopted by the Association, as amended from time to
time.
"common Area" means all portions of the subject real property and improvements
thereon, if any, in which the Association owns an interest for the common use and
enjoyment of all of the owners on a non-exclusive basis, specifically including those
areas of the Declaration Map which are designated as General common Elements.
Such interest may include, without limitation, estates in fee, for terms of years, or
easements.
"Common Expenses" means (i) all expenses expressly declared to be common
expenses by this Declaration, or the Bylaws of the Association; (ii) all other expenses
of administering, servicing, conserving, managing, maintaining, repairing or
replacing the Common Area; (iii) insurance premiums for the insurance carried under
Article X; and (iv) all expenses lawf,rlly determined to be common expenses by the
Executive Board of the Association.
"Declarant" means Blanche christian Hill, and her heirs, successors and assisns.
"Declaration" means and refers to the Declaration of covenants, conditions,
Restrictions and Easements for The Hill Building.
"Default Assessment" means the Assessments levied by the Association pursuant to
Section 11.7 below.
"Executive Board" means the goveming body of the Association elected to perform
the obligations of the Association relative to the operation, maintenance ald
management of the Properfy and all improvements on the property.
"Exterior Maintenance Area" means the exterior of any Unit (excluding
windowpanes) as more fully described in Section 9.1 below.
"First Mortgage" means any Mortgage which is not subject to any monetary lien or
encumbrance.
"First Mortgagee" means any person named as a mortgagee or beneficiary in any
First Moftgage, or any successor to the interest of any such person under such First
Mortgage.
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P. "The Hill Building," or "Hill Building" shall mean the common interest community
created by this Declaration, consisting of the property, the units and any other
improvements constructed on the Property and as shown on the plat.
Q. "Lot" means a plot of land subject to this Declaration and designated as a Lot on any
subdivision plat ofthe Property recorded by Declarant in the office ofthe Clerk and
Recorder of Eagle County, Colorado.
R. "Maaager" means a person or entity engaged by the Association to perform certain
duties, powers and ftmctions of the Association, as the Executive Board mav
authorize from time to time.
S. "Member" means every person or entity who holds membership in the Association.
T. "Mortgage" means any mortgage, deed of trust or other document pledging any unit
or interest therein as security for payment ofa debt or obligation.
U. "Mortgagee" means any person named as a mortgagee or beneficiary in any
Mortgage, or any successor to the interest of any such person under such Mofigage.
V. "owner" means the owner of record, whether one or more persons or entities, of fee
simple title to any Unit, and "Ou'ner" also includes the purihaser under a contract for
deed covering a Unit with a current right of possession and interest in the Unit, but
excludes those having such interest in a Unit merely as a security for the performance
of an obligation, including a Mortgagee, unless and until such p"tton haJacquired a
fee simple title to the Unit pwsuant to foreclosure or other proieedings.
w. "Parfy wall" means any common wall adjoining two units and shall be deemed to
include the footings underlying the portion of roof over and the utility lines within, a
common wall.
X. "Plat" means the subdivision plat of The Hill Building depicting the Property subject
to this Declaration and recorded in the records of the Clerk and Recordei of-Eagli
County, Colorado contemporaneously herewith and all supplements and amendments
thereto.
Y. "Property" means and refers to that certain real property described on Exhibit A
attached to this Declaration.
z. "unit" means a Lot, together with all improvements thereon, including all easements
and rights-of-way appurtenant thereto.
AA. "Sharing Ratio" means the percentage allocation of Assessments to which an
owner's unit is subject as set forth in Exhibit B attached hereto and made a oart
hereof pursuant to the formula set forth thereon.
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BB' 'oSpecial Assessment" means an assessment levied pursuant to Article XI, Section
11.6 below on an irregular basis.
cc, "Successor Declarant" means any party or entity to whom Declarant assigns any
or all of its rights, obligations or interest as Declarant, as evidenced by an asslgnment
or deed of record executed by both Declarant and the transferee or assignee and
recorded in the off,rce of the clerk and Recorder of Eagle county, colorado,,
designating such party as a Successor Declarant. Upon such recording, Declarant's
rights and obligations under this Declaration shall cease and terminate to the extent
provided in such document.
Each capitalized term not otherwise defined in this declaration or in the Plat shall have
the same meanings specified or used in the Act.
ARTICLE III
NAME, DIVISION INTO UNITS
Section 3.1. Name. The name of the project is the Hill Building, The project is a
Common Interest Community pursuant to the Act.
section 3.2. Association. The name of the association is The Hill Building.
Declarant has caused to be incorporated under the laws of the state of colorado the
Association as a non-profit corporation with the purpose of exercising the functions as
herein set forth.
section 3.3. Number of units. The initial number of units in the proiect is two
(2).
Section 3.4. Identification of Units. The identification number of each Unit is shown
on the Plat.
Section 3.5. Description of Units.
Each Unit shall be inseparable and may be leased, devised or
encumbered only as a residence or commercial space in its
entirety.
Title to a Unit may be held individually or in any form of
concurrent ownership recognized in Colorado. In case ofany such
concurrent ownership, each co-owner shall bejointly and severally
liable for performance ald observance of all the duties and
responsibilities of an Owner with respect to the Unit in which he
owns an interest. For all purposes herein, there shall be deemed to
be only one Owner, for each Unit. The parties, if more than one,
having the ownership of a Unit shall agree among themselves how
A.
B.
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to share the rights and obligations ofsuch ownership, but all such
parties shall bejointly and severally liable for performance and
observance ofall the duties and obligations ofan Owner hereunder
with respect to the Unit in which they own an interest.
Any contract of sale, deed, lease, Mortgage, will or other
instrument affecting a Unit may describe it by its Unit number, The
Hill Building, County of Eagle, State of Colorado, according to the
Platthereofrecorded .20 inBook atPase
_, and the Declaration recorded 20 in Book
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inserted therein).
D. Each Unit shall be considered a separate parcel of real property
and shall be separately assessed and taxed. Accordingly, the
Common Area shall not be assessed separately but shall be
assessed with the Units as provided pursuant to Colorado Revised
Statues Subsections 39- I - I 03(1 0) and 3 8-33.3- 1 05(2).
E. No Owner of a Unit shall bring action for partition or division of
the Common Area.
Section 3.6. Permitted Uses.
A. Each Unit shall be used and occupied solely the uses and
occupational purposes in place at the time ofthis declaration,
specifically that UNIT R is restricted to dwelling and lodging
purposes, and shall be permitted to conduct a "home occupation"
such that (i) that such occupation does not generate traffic into The
Hill Building other than regularly scheduled package delivery and
pick-up, and (ii) that such occupation does not cause any
unreasonable impact on the use and enjoyment of the other Units
or on the general character of The Hill Building. Furlher UNIT C
may c€ury on t}re o operation of a retail sales business (including
all uses permitted in that), but specifically excluding the operation
of a bar or tavern) properly licensed by the Town of Vail and in
compliance with all applicable ordinances thereof, provided that (i)
that such occupation does not generate vehicular traffic into The
Hill Building other than regularly scheduled package delivery and
pick-up, and (ii) that such occupation does not cause any
unreasonable impact on the use and enjoyment of the other Units
or on the general character of The Hill Building.
B. An Owner shall have the right to lease his Unit upon such terms
and conditions as the Owner may deem advisable; provided,
however, that (i) any such lease exceeding tfuee (3) months in
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Sa.a J Fisher Eagle, c0 135
duration shall be in writing and shall provide that the lease is
subject to the terms of this Declaration, (ii) a Unit may be leased
only for the uses provided hereinabove, and (iii) any failure of a
iessee to comply with the terms of this Declaration, Articles of
Incorporation, Bylaws or rules of the Association shall be a default
under the lease enforceable bv the Association.
ARTICLE IV
MEMBERSHIP AND VOTING RIGHTS; ASSOCIATION
OPERATIONS
Section 4. I . The Association. Every owner of a Unit shall be a member of the
Association. Membership shall be appurtenant to and may not be separated from
ownership of any Unit.
Section 4.2. Transfer of Membership. An Owner shall not transfer, pledge or
alienate his membership in the Association in any way, except upon the sale or
encumbrance of his Unit and then only to the purchaser or Mortgagee of his Unit.
Section 4.3. Membership. The Association shall have one (1) class of membership
consisting of all Owners, including the Declarant so long as Declarant continues to own
an interest in a Unit. Except as otherwise provided for in this Declaration, each Member
shall be entitled to vote in Association matters pursuant to this Declaration on the basis of
one vote for each Unit owned. When more than one person holds an interest in any Unit,
all such persons shall be Members. The vote for such unit shall be exercised by one
person or alternative persons (who may be a tenant of the owners) appointed by proxy in
accordance with the Bylaws. In the absence of a proxy, the vote allocated to the Unit
shall be suspended in the event more than one person or entity seeks to exercise the right
to vote on any one matter. Aay owner of a Unit which is leased may assign his voting
right to the tenant, provided that a copy ofaproxy appointing the tenant is furnished to
the Secretary of the Association prior to any meeting in which the tenant exercises the
voting right. In no event shall more than one vote be cast with respect to any one unit.
Section 4.4. Declarant Control. Notwithstanding anything to the contrary provided
for herein or in the Bylaws, Declarant shall be entitled to appoint and remove the
members of the Association's Executive Board and officers of the Association to the
fullest extent permitted under the Act. The specific restrictions and procedures goveming
the execs ofDeclarant's right to so appoint and remove Directors and officers shall be set
out in the Bylaws of the Association. Declarant may voluntarily relinquish such power
evidenced by a notice executed by Declarant and recorded in the Office ofthe Clerk and
Recorder for Eagle corurty, colorado but, in such event, Declarant may at its option
require that specif,red actions ofthe Association or the Executive Board as described in
the recorded notice, during the period Declarant would otherwise be entitled to appoint
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and remove directors and officers, be approved by Declarant before they become
effective.
Section 4.5 Compliance with Association Documents. Each Owner shall abide by and
benefit from each provision, covenant, condition, resftiction and easement contained in
the Association Documents. The obligations, burdens and benefits of membership in the
Association concem the land and shall be covenants running with each Owner's Unit for
the benefit ofall other Units and for the benefit ofDeclarant's adjacent properties.
Section 4.6. Books and Records. The Association shall make available for inspection,
upon request, during normal business hours or under other reasonable circumstances, to
Owners and to Mortgagees, curent copies of the Association Documents and the books,
records and financial statements of the Association prepared pursuant to the Bylaws. The
Association may charge a reasonable fee for copying such materials. The Association
shall maintain such books and records as may be required under the Act.
Section 4.7. Manager. The Association may employ or contract for the services of
a Manager to whom the Executive Board may delegate certain powers, functions or
duties of the Association, as provided in the Bylaws of the Association. The Manager
shall not have the authority to make expenditures except upon prior approval and
direction by the Executive Board. The Executive Board shall not be liable for any
omission or improper exercise by a Manager of any duty, power or function so delegated
by written instrument executed by or on behalf of the Executive Board.
Section 4.8. Implied Riehts and obligations. The Association may exercise any
right or privilege expressly granted to the Association in the Association Documents, and
every other right or privilege reasonably implied from the existence of any right or
privilege given to the Association under the Association Documents or reasonably
necessary to effect any such right or privilege. The Association shall perform all ofthe
duties and obligations expressly imposed upon it by the Association Documents or
necessary to reasonably satisfy any such duty or obligation.
ARTICLE V
POWERS OF THE EXECUTIVE BOARD OF THE ASSOCIATION
The Executive Board shall have power to take the followins actions:
A. Adopt and publish rules and regulations goveming the use of the
Common Area, including any recreational facilities which may be
constructed on such propefty and governing the personal conduct
of the Members and their guests, and the Association may establish
penalties, including, without limitation, the imposition of fines, for
the infraction ofsuch rules and reeulations.
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Enforce any agreements and,/or regulations affecting the permitted
uses within the Property.
Suspend the voting rights of a Member during any period in which
such Member is in default on payment of any Assessment levied
by the Association, as provided in Section I 1.8. Such rights may
also be suspended after notice and hearing for aperiod not to
exceed ninety (90) days for infraction ofpublished rules and
regulations, unless such infraction is ongoing, in which case the
rights may be suspended during the period ofthe infraction and for
up to ninety (90) days thereafter; and
Exercise for the Association all powers, duties, and authority
vested in or delegated to the Association and not reserved to the
Members or Declarant by other provisions of this Declaration or
the Articles or Bylaws of the Association or as provided by law.
ARTICLE VI
COMMON AREA
The Association shall maintain and keep the Common Area in good repair, and
the cost of such maintenance shall be funded as provided in Article XI. This maintenance
shall include, but shall not be limited to, upkeep, repair and replacement, subject to any
insurance then in effect, of all exterior surfaces of the structures located within the
Association, landscaping. walls, gates, inigation systems, sidewalks, driveways and
improvements, if any (which shall include without limitation snow removal services
unless performed by another private or public organization formed for such purposes),
located in the Common Area. In the event the Association does not maintain or repair the
common Area, Declarant shall have the right, but not the obligation, to do so at the
expense of the Association, for so long as Declarant maintains any membership in the
Association.
ARTICLE VII
MECHANIC'S LIENS
Section 7. L No Liabilitv. If any Owner shall cause any material to be fumished to his
unit or any labor to be performed therein or thereon, no owner of any other unit shall
under any circumstances be liable for the payment of any expense incuned or for the
value of any work done or material furnished. All such work shall be the expense of the
Owner causing it to be done, and such Owner shall be solely responsible to conuacrors,
laborers, material men and other persons fumishing labor or materials to his unit.
Nothing herein contained shall authorize any owner or any person dealing through, with
or under any owner to charge the common Area or any Unit other than of such owner
with any mechanic's lien or other lien or encumbrance whatever. On the contrarv (and
B.
C.
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Sa"a J Fisher Easle C0 135
notice is hereby given) the right and power to charge any lien or encumbrance ofany
kind against the common Area or against any owner or any owner's unit for work done
or materials furnished to any other owner's Unit is hereby expressly denied.
Section 7.2 Indemnifrcation. If, because of any act or omission of any owner,
any mechanic's or other lien or order for the payment of money shall be filed against the
common Area or against any other owner's Unit or an owner or the Association
(whether or not such lien or order is valid or enforceable as such), the Owner whose act
or omission forms the basis for such lien or order shall at this own cost and expense cause
the same to be canceled and discharged ofrecord or bonded by a surety company
reasonably acceptable to the Association, or to such other owner or Owners. within 20
days after the date of filing thereol and further shall indemnify and save all the other
owners and the Association harmless from and against any and all costs, expenses,
claims, losses or damages including, without [imitation, reasonable attorneyi, fees
resulting therefrom.
Section 7.3. Association Action. Labor performed or materials fumished for the
Common Area, if duly authorized by the Association in accordance with this Declaration
or its bylaws, shall be deemed to be performed or furnished with the express consent of
each owner and shall be the basis for the filing of a lien pursuant to law against the
common Area. Any such lien shall be limited to the common Area and no lien mav be
effected against an individual Unit or Units.
ARTICLE VIII
PROPERTY RIGHTS OF OWNERS AND RESERVATIONS BY DECLARANT
section 8.1 owner's Easements. Every owner has a right and easement of enjoyment
in and to the Common Area, which shall be appurtenant to and shall pass with thetitle to
every Unit subject to the provisions contained herein. Certain third persons will also
have access to the common Area as set forth in the rules and regulations of the
Association. Every owner shall have a right of access to and from his Unit over and
across those portions of the Common Area on which driveways are located. No owner
shall hinder nor permit his guests or invitees to hinder reasonable access by any other
Owner and his guest to the Units and designated parking areas.
section 8.2. Recorded Easements. The property shall be subject to all easements as
shown on any recorded plat affecting the property and to any other easements and
licenses ofrecord or ofuse as ofthe date ofrecordation ofthis Declarant. which
easements and licenses of record are set forth on the attached Exhibir C. In addition. the
Property is subject to those eas€ments set forth in this Article VIIL
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A. Each Unit and the Common Area shall be subject to an easement
for encroachments created by construction, settling and overhang,
previously existing or as designed and constructed by Declarant or
as a result of any addition or improvement pursuant to this
Declaration. A valid easement for such encroachments and for the
maintenance of same, so long as they exist, shall and does exist. In
the event any improvement is partially or totally destroyed, and
then rebuilt, the Omers agree that minor encroachments of parts
of the adjacent Unit or the Common Area due to construction shall
be permitted and that a valid easement for said encroachment and
the maintenance thereof shall exist so lons as the imorovements
shall stand.
B. Each Unit is subject to a blanket easement for support and a
blanket easement for the maintenance of the structure or
improvements presently situated, or to be built in the future, on the
Lots.
C. There is hereby created a blanket easement upon, across, over, in
and under the Property for the benefit ofthe Units and the
structures and improvements situated thereon, including the Party
Walls, for ingress and egress, installation, replacing repairing and
maintaining all utilities, including, but not limited to, water, sewer,
gas, telephone, cable television and electricity. Said blanket
easement includes future utility services not presently available to
the Units which may reasonably be required in the future. By
virtue of this easement, it shall be expressly permissible for tJre
companies providing utilities to erect and maintain the necessary
equipment on any of the Units and to affix and maintain electrical
and/or telephone wires, circuits and conduits on, above, across and
under the roofs and exterior walls of the improvements, all in a
manner customary for such companies in the area surrounding the
Property, subject to approval by the Association as to locations.
section 8.4. General Maintenance. Landscapine Easement, An easement is
hereby reserved to Declarant, and granted to the Association, and any member of the
Executive Board or the Manager, and their respective officers, agents, employees, and
assigns, upon, across, over, in and under the property and a right to make iuch use of the
Property as may be necessary or appropriate to make emergency repairs, to perform the
duties and functions which the Association is obligated or permitted to perform pursuant
to the Association Documents, to install landscaping and common sprinkler systims, if
{y, or to exercise its rights under Article IX below, including the right to enter upon any
Unit for the purpose of performing maintenance to the Exterior Maintenance Area. as set
forth in Article [X below.
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section 8.5. Association as Attornev-in-Fact . Eachowner, by his acceptance of a
deed or other conveyance vesting in him an interest in a Unit, does inevocably constitute
and appoint the Association and,/or Declarant with full power of substitution as the
Qryner's name, place and stead to deal with owner,s interest in order to effectuate therights reserved by Declarant or granted to the Association, as applicable, with firll power,right and authorization to_ execute and deliver any instrument ifecting the interest of the
Owner and to take any other action which the Association or Declaran=t may consider
necessary or advisable to give effect to the provisions ofthis Section and this Declarationgenerally. If requested to do so by the Association or Declarant, each owner shall
execute and deliver a written, acknowledged instrument confirming such appointment.
Section 8.6. Delegation of use. Any owner may delegate his right of enjoyment to
the common Area to the members of his family, his ienanti guests, lfcensees, and
invitees, but only in accordance with and subject to the limitations of the Association
Documents.
Section 8.7. . The
Association is trereby granted the right to
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f.orn tir* to tinr", by declaration orotherwise, utility and other easements, permits or licenses over the common Area, forpurposes including, but not limited to, streets, paths, walkways, drainage, recreation
areas, parking areas, ducts, shafts, flues, and conduit installaiion areas,-to create other
reservatio,ns, exceptions, and exclusions with respect to the common Area for the bestinterest of all the owners and the Association and to assign its right to future income,including the right to receive Assessments.
Section 8.8.,_ Emergency.Access Easement. A general easement is hereby
granted to all police, sheriff, fire protection, ambulance, and other similar emergency
agencies or persons to enter upon the property in the proper performance oftheir duties.
ARTICLE IX
MAINTENANCE' PARTY WALLS, LANDSCAPING AND SPECIAL
EASEMENT
section9' 1. Maintenance. In order to maintain a uniform appearance and a high
standard of maintenance within The Hill Building, the Association shall maintain theExterior Maintenance Area, as more fully set fort]i below.
A' Structural Exteriors. Subject to the insurance responsibilities set forth inArticle X below, the Association shall maintain the Exterior Maintenance Area ofall Units, which shall be deemed to include and be limited to painting of the
exteriors (including decks and porches), exterior window *urhiog, and roofrepair
unless any ofthe foregoing are covered by an owner's insurance]'The
Association shall have the sole discretion to determine the time and manner inwhich such maintenance shall be performed as weil as the color or type of
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materials used to maintain the Residences. The Owner shall be responsible for
cleaning, repair or replacement of broken windowpanes and all other exterior
maintenance and repairs. In the event insurance proceeds under Article X are
payable to an Owner but the maintenance .espotriibility of the area to which such
proceeds relate is the Association's, the Association shall complete any such
repair or replacement at the Owner's cost.
B. Landscaninq. Sidewalks and Driveway. The Association sha[
maintain landscaping of the Common Area and of the individual Lots surrounding
the perimeter of the Units, including, but not limited to, lawns, trees and shrubs,
and the Association shall also maintain all walls, gates, sidewalks, driveways and
parking areas (and the maintenance provided under this Section shall include
snowplow services). The maintenance provided under this Section shall be
performed at such time and in such a manner as the Association shall determine.
C. . Notwithstanding
the maintenance responsibilities set forth herein, the Asso"iation reseryes the right
to grant the maintenance responsibility of certain areas on each Unit to the Unii
Owner, and the lJnit Owner is obligated to accept said maintenance responsibility,
provided said assignment is done in a uniform and nondiscriminatory manner.
Furthermore, the Association shall have the right to promulgate reasonable rules
and regulations regarding the maintenance by the Owner.
Section 9.2. Party Walls.
A. The cost of reasonable repair and maintenance of a party wall shall be a joint
expense of the owners of the two Units sharing such party wall and each suchormer shall have a perpetual easement in and io that pafi of the property on
which the Party wall is located, for party wall purpoies, including maintenance,
repair, and inspection. No owner shail alter or.hange the party falr in any
manner, interior decoration excepted, and the party wall shall always remain in
the same location as when erected.
In the event of damage or destruction of a party wall from any cause, other than
the negligence or willful misconduct of an owner, the then the Association shall
bear.the expense to repair or rebuild said wall to its previous condition, which
specifically includes the previous sound transmission coefficient, and such
owners, their successors and assigns, shail have the right to the full use ofsaid
wall so repaired and rebuilt. If an ou'ner's negligence or willful misconduct shall
cause damage to or destruction of said wall, sucrrnegligent party sharl bear the
cost of repair and reconstruction to the extent such owier's ,r"giig"n"" caused
such damage.
The Association and each of the oumers sharing a party wall shall have the rightto break lhrough the Party wall for the purpose of repairing and restoring sewage,
water, utilities, and structural components, subject to the obligation to reitore said
B.
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wall to its previous structural condition, which specifically includes the previous
sound transmission coefficient, and the payment to the Association and the
Adjoining owner of any damage caused thereby. Adjoining owners shall have
the right to make use of the party wall provided such use shall not impair the
structural support or the sound transmission coefficient of the parry wall.
D. Declarant hereby grants to the Association and the Executive Board and their
respective representatives a nonexclusive easement to enter upon and use the
Property on which aPafi wall is located as may be necessary or appropriate to
perform the duties and fi.rnctions which they may be obligated or permitted to
perform under this Declaration.
Section 9.3. Special Easement. The Association and the Executive Board and their
respective representatives are hereby granted a nonexclusive easement to enter upon and
use the Exterior Maintenance Area as may be necessary or appropriate to perform the
duties and functions which they may be obligated or permitted to perform pursuant to this
Article IX.
Section 9'4. Maintenance Contract. The Association or Executive Board may employ or
contract for the services of an individual or maintenance company to perform certain
delegated powers, functions or duties of the Association to maintain the Common Area
and Exterior Maintenance Area. The employed individual or maintenance company shall
lave the authority to make expenditures upon prior approval and direction ofthe
Executive Board. The Executive Board shall not be liible for any omission or improper
exercise by the employed individual or management company of any duty, power or
function so delegated by written instrument executed by or on behalf of tire Executive
Board.
Section 9.5. Owner's Responsibilitv. The Owner shall be responsible for mai-ntaining all
portions of the Owner's Unit other than those portions of the Exterior Maintenance Area
to be maintained by the Association under Article IX, unless modified by Section 9.1.c.
The Association shall have the right and power to prohibit storage o. oth". activities
deemed unsafe, unsightly, unreasonably noisy or otherwise oflensive to the senses and
perceptible for another Unit or the Common Area. No Owner shall make any addition or
other alteration to any portion of the Exterior Maintenance Area without the express
consent of the Executive Board, as more fully discussed in Article XV. The Association
shall be entitled to reimbursement for cost of repair from any owner who causes, or
whose tenant, employee or guest causes, damage to the Exterior Maintenance Area or the
Common Area by an act of negligence or willful misconduct.
section 9.6. owner's Failure to Maintain or Repair. In the event that a unit and the
improvements thereupon are not properly maintiined and repaired, and if the
maintenance responsibilitv for the unmaintained portion of the Unit lies with the Owner
of the unit, or in the event that the improvements on the unit are damaged or destroyed
by an event of casualty and the Owner does not take reasonable measuris to diligentiy
pursue the repair and reconstruction of the damaged or deshoyed improvements to
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substantially the same condition in which they existed prior to the damage or destruction,
then the Association, after notice to the owner and with the approval ofihe Executive
Board shall have the right to enter upon the Unit to perform such wort as is reasonably
required to restore the Unit and the building s and other improvements thereon to a
condition of good order and repair. All costs incurred by the Association in connection
with the restoration shall be reimbursed to the Association by the owner of the Unit,
upon demand. AII unreimbursed costs shall be a lien upon the Unit until reimbursement
is made. The lien may be enforced in the same manner as a lien for an unoaid
Assessment levied in accordance with Article XI of this Declaration.
ARTICLE X
INSURANCE AND FIDELITY BONDS
Section 10.1. General Insurance Provisions. The Association shall maintain. to the
extent reasonably available:
A. Property insurance on the Common Area for broad form covered causes of lossl
except that the total amount of insurance must be not less than the full insurable
replacement costs of the insured property less applicable deductibles at the time the
insurance is purchased and at each renewal date,ixclusive ofland, excavations,
foundations, paving areas, landscaping and other items normally excluded from
property policies; and
B. Commercial general liability insurance against claims and liabilities arising in
connection with the ownership, existence, use or management of the common Area
and the Association, in an amount deemed sufficient irrthe judgment of the Executive
Board, insuring the Executive Board, the Association, the Maniger, and their
respective employees, agents, and all persons acting as agents. Declarant shall be
included as an additional insured in Declarant's capacity as an Owner and Executive
Board member. The Owners shall be included as additional insureds but only for
claims and liabilities arising in connection with the ownership, existence, use or
management of the Common Area. The insurance shall cover claims of one or more
insured parties against other insured parties.
C. Physical damage insurance for all Units and all other insurable improvements on each
Lot, except that each Owner may be required to obtain and maintain such insurance
pursuant to section 10.12 below. such insurance shall cover the full replacement
value of the Units, less applicable deductibles, at the time the insurance is purchased
and at each renewal date, exclusive of those items normally excluded from property
policies. The insurance coverage shall include, unless the
-Executive
Board directs
otherwise, fixtures initially installed in the Units and replacements thereof up to the
value of those initially installed by Declarant, but not including fumiture, fiitures,
wall coverings, improvements, additions or other personal prop"rty supplied or
installed by an owner, all such insurance covering the inteiesiof tlhe d*ners arrd
their Mortgagees as their respective interests may appear. The Executive Board may
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obtain this insruance upon such terms and conditions as it deems advisable. Prior to
obtaining any policy ofphysical damage insurance or any renewal thereof, and at
such other intervals as The Executive Board may deem advisable, the Executive
Board may, but shall not be obligated to, obtain an appraisal from an insurance
company, or such other source as the Executive Bard may determine, of the then-
current replacement cost ofthe Residences (exclusive ofthe land, excavation,
foundation and other items normally excluded from such coverage) subject to
insurance carried by the Association, without deduction for depreciation, for the
purpose of determining the amount of physical damage insurance to be secured.
D. The Association may carry such other and further insurance that the Executive Board
considers appropriate, including insurance on Units that the Association is not
obligated to insure to protect the Association or the Owners.
Section 10.2. Cancellation. Ifthe insurance described in Section 10.1. is not reasonably
available, or if any policy of such insurance is canceled or not renewed without a
replacement policy therefore having been obtained, the Association promptly shall cause
notice of that fact to be hand delivered or sent prepaid by United States mail to all
Owners.
Section 10.3. Polic)' Provisions. Insurance policies canied pursuant to Section 10.1 must
provide that:
A' Each Owner is an insured person under the policy with respect to liability arising out
of such Owner's membership in the Association;
B. The insurer waives its rights to subrogation under the policy against any owner or
member of his household;
c. No act or omission by an owner, unless acting within the scope of such owner's
authority on behalf of the Association, will void the policy or be a condition to
recovery under the policy; and
D. If, at the time of a loss under the policy, there is other insurance in the name of an
orvner covering the same risk covered by the policy, the Association's policy
provides primary insurance.
Section 10.4. Insurance Proceeds. Any loss covered by the property insurance policy
described in section 10.1 .must be adjusted with the Association, but the insurance
proceeds for that loss shall be payable to any insurance trustee designated for that
pulpose, or otherwise to the association, and not to any holder of a security interest. The
insurance trustee or the Association shall hold any insurance proceeds in trust for the
owners and Mortgagees as their interests may appear, Subject to the provisions of
Section 10.7. below, the proceeds must be disbursed first for the repair or restoration of
the damaged property, and the Association, owners and Mortgagees are not entitled to
receive payment of any portion ofthe proceeds unless there is a surplus ofproceeds after
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the damaged propefty has been completely repaired or restored or the regime created by
this Declaration is terminated.
Section 10.5. Association Policies. The Association may adopt and establish written
nondiscriminatory policies and procedures relating to the submittal of claims,
responsibility for deductibles, and any other matters of claims adjustment. To the extent
the Association settles claims for damages to real property, it shall have the authority to
assess negligent Ovmers causilg such loss or benefiting from such repair or restoration
all or any equitable portion ofthe deductibles paid by the Association.
Section 10.6. Insurer Oblieation. An insurer that has issued an inswance policy for the
insurance described in section 10.1. shall issue certificate or memoranda of insurance to
the Association and, upon request, to any owner or Mortgagee. unless otherwise
provided by statute, the insurer issuing the policy may not cancel or refuse to renew it
until thirty (30) days after notice ofthe proposed cancellation or nonrenewal has been
mailed to the Association and to each owner and Mortgagee to whom a certificate or
memorandum of insurance has been issued at their respective last-known addresses.
Section 10.7. Repair and Replacement.
A' Any portion of the Common Area for which insurance is required under this Article
which is damaged or destroyed must be repaired or replacedpromptly by the
Association unless:
(i) The regime created by this Declaration is terminated;
(iD Repair or rcplacement would be illegal under any state or local statute or
ordinance governing health or safety;
(iiD Sixty-seven percent of the Owners vote not to rebuild; or
(iv) Prior to conveyance of any unit to a person other than Declarant, the Mortgagee
holding a deed of trust or mortgage on the damaged portion of the common A.eu
rightfully demands all or a substantial part of the insurance proceeds.
B. The cost of repair or replacement in excess of inswance proceeds and reserves is a
common Expense. If the entire common Area is not repaired or replaced, the
insurance proceeds attributable to the damaged Common Area musibe used to restore
the damaged area to a condition compatible with the remainder of the Hill Building,
and except to the extent that other persons will be distributees, the insurance p.o"""d,
must be distributed to all the owners or Mortgagees, as their interests may appear in
proportion to the Common Expense liabilities of all the Units.
Section 10.8. Common Expenses. Premiums for insurance that the Association acquires
and other expenses connected with acquiring such insurance are common ExpenseJ.
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Section 10.9. Fidelity Insurance. To the extent reasonably available, fidelity bonds may
be maintained by the Association to prctect against dishonest acts on the part of its
officers, directors, trustees, and employees and on the part of all others who handle or are
responsible for handling the funds belonging to or administered by the Association in an
amount determined by the Executive Board within its discretion. In addition, if
responsibility for handling funds is delegated to a Manager, such bond may be obtained
for the Manager and its officers, employees, and agents, as applicable. Any such fidelity
coverage shall name the Association as an obligee and such bonds shall contain waivers
by the issuers ofall defenses based upon the exclusion ofpersons serving without
compensation from the defrnition of "employees," or similar tenns or expressions.
Section 10.10. Worker's Compensation Insurance. The Executive Board shall obtain
worker's compensation or similar insurance with respect to its employees, if applicable,
in the amounts and forms as may now or hereafter be required by law.
Section 10.1 l. Other Insurance. The Association shall also maintain insurance to the
extent reasonably available and in such amounts as the Executive Board may deem
appropriate on behalf of Directors against any liability asserted against a Director or
incurred by him in his capacity of or arising out of his status as a Director. The
Executive Board may obtain insurance against such other risks of a similar or dissimilar
nature as it shall deem appropriate with respect to the Association's responsibilities and
duties.
Section 10.1 2. Insurance Obtained by Owners. In the event that the Association is
unable to obtain or maintain physical damage insurance for the Units as set out in Section
10. I .C upon terms deemed reasonable to the Executive Board, each Owner shall obtain
and at all times maintain physical damage insurance as described in Section 10. I .C at
such Owner's expense, covering the full replacement value of such Owner's Unit. The
beneficiaries under such policy shall be that Owner, the Association and any and all other
Owners within the same residential structure as the Owner obtaining such physical
damage insurance. Any insurance obtained by an Owner shall include a provision
waiving the particular insurance company's right of subrogation against the Association
and other Owners, including Declarant, should Declarant be the Owner of any Unit.
Each Owner shall obtain and at all times maintain physical damage and liability
insurance for such Owner's benefit, at such Owner's expense, covering the full
replacement value of the owner's personal propeffy and personal or business liability
insurance in a limit of not less then Seven Hundred and Fifty Thousand Dollars
($750,000.00) in respect to bodily injury or death to any number ofpersons arising out of
one accident or disaster, or for damage to personal properfy, and ifhigher limits shall at
any time be customary to protect against tort liability such higher limits shall be carried.
In addition, an Owner may obtain such other and additional insurance coverage on the
Unit as such Owner in the Owner's sole discretion shall conclude to be desirable;
provided, however, that none ofsuch insurance coverage obtained by the Owner shall
operate to decrease the amount which the Executive Board, on behalf of all owners, may
realize under any policy maintained by the Executive Board or otherwise affect any
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insurance coverage obtained by the Association or cause the diminution or termination of
that insurance coverage. Any insurance obtained by an Owner shall include a provision
waiving the pafticular insurance company's right of subrogation against the Association
and other Owners, including Declarant, should Declarant be the Owner of any Unit. No
Olvner shall obtain separate insurance policies on the Common Area.
All Owners are required to maintain on file copies of a1l such current policies to evidence
compliance with the Association to evidence their obligations hereunder and to facilitate
recovery of all appropriate awards or proceeds by the Association.
ARTICLE XI
ASSESSMENTS
Section I I .l . Obligation. Each Owner, including Declarant, by accepting a deed for a
Unit, is deemed to covenant to pay to the Association (1) the Annual Assessments
imposed by the Executive Board as necessary to meet the Common Expenses of
maintenance, operation, and management of the Common Area and to perform the
functions of the Association; (2) Special Assessments for capital improvements and other
purposes as stated in this Declaration, if permitted under the Act; and (3) Default
Assessments which may be assessed against a Unit for the Owner's failure to perform an
obligation under the Association Documents or because the Association has incurred an
expense on behalf of the Owner under the Association Documents.
Section I 1.2. Purpose of Assessments. The Assessments shall be used exclusively to
promote the health, safety and welfare of the Owners and occupants of the Hill Building,
and for the improvement and maintenance of the Common Area and the Exterior
Maintenance Area, and other areas of Association responsibility referred to herein, as
more fully set forth in this Article below.
Section 11,3. Budget. Withinthirty(30)daysaftertheadoptionof anyproposedbudget
for the Association, the Executive Board shall mail, by ordinary first-class mail, or
otherwise deliver a summary of the budget to all the Owners and shall set a date for a
meeting of the Owners to consider ratification of the budget not less than fourteen (14)
nor more than sixty (60) days after mailing or other delivery of the summary. Unless at
that meeting sixty percent (60%) of all Owners reject the budget, the budget is ratified,
whether or not a quorum is present. In the event that the proposed budget is rejected, the
periodic budget last ratified by the Owners must be continued until such time as the
Owners ratify a subsequent budget proposed by the Executive Board. The Executive
Board shall adopt a budget and submit the budget to a vote ofthe Owners as provided
herein no less frequently than annually. The Executive Board shall levy and assess the
Annual Assessments in accordance with the annual budget.
Section 1 1.4. Annual Assessments. Annual Assessments for Common Expenses made
shall be based upon the estimated cash requirements as the Executive Board shall form
time to time determine to be paid by all of the Owners, subject to Section I 1.3. above.
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Estimated Common Expenses shall include, but shall not be limited to, the cost of routine
maintenance and operation of the Common Area and Exterior Maintenance Area;
expenses of management; and insurance premiums for insurance coverage as deemed
desirable or necessary by the Association; landscaping ofthe Property; care ofgrounds
within the Common Area and Exterior Maintenance Area; routine repairs and renovations
within the Common Area and Exterior Maintenance Area; wages; common water and
utility charges for the fees; management fees; expenses and liabilities incurred by the
Association under or by reason of this Declaration; payment of any default remaining
from a previous assessment period; and the creation ofa reasonable contingency or other
reserve or surplus fuird for general, routine maintenance, repairs, and replacement of
improvements within the Common Area and Exterior Maintenance Area on a periodic
basis, as needed.
Annual Assessments shall be payable in quarterly installments on a prorated basis in
advance and shall be due on the first day of each quarter. The omission or failure of the
Association to fix the Annual Assessments for any assessment period shall not be deemed
a waiver, modification or release of the Owners from their obligation to pay the same.
The Association shall have the right, but not the obligation, to make prorated refunds of
any Annual Assessments in excess ofthe actual expenses incurred in any fiscal year.
Section I I .5. Apportionment of Annual Assessments. Each Owner shall be responsible
for that Owner's share of the Common Expenses, which shall be divided among the Units
on the basis ofthe Sharing Ratios in effect on the date ofassessment, subject to the
following provisions. All expenses (including, but not limited to, costs of maintenance,
repair, and replacement) relating to fewer than all of the Units to the extent not covered
by insurance shall be bome by the Owners of those affected Units only. The formula
establishing Sharing Ratios is an equal allocation among all Units.
Section I 1.6. Special Assessments. In addition to the Annual Assessments authorized by
this Article, the Association, subject to the requirements of Section I1.3. above, may levy
in any fiscal year one or more Special Assessments, payable over such a period as the
Association may determine, for the purpose of defraying, in whole or in part, the cost of
any construction or reconstruction, unexpected repair or replacement of improvements
within the Common Area or Exterior Maintenance Area or for any other expense incurred
or to be incurred as provided in this Declaration. This Section I I .6. shall not be
construed as an independent source of authority for the Association to incur expense, but
shall be construed to prescribe the manner ofassessing expenses authorized by other
sections of this Declaration, and in acting under this Section, the Association shall make
specific references to this Section. Any amounts assessed pursuant to this Section shall
be assessed to Owners in the same proportion as provided for Annual Assessments in
Section I1.4., subject to the requirements that any extraordinary insurance costs incured
as a result of the value of a particular Owner's residence or the actions of a particular
Owner (or his agents. servants, guests, tenants or invitees) shall be borne by that Owner.
Notice in writing in the amount of such Special Assessments and the time for payment of
the Special Assessments shall be given promptly to the Owners, and no payment shall be
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due less than 10 days after such notice shall have been given. Special Assessments
require the prior ratifi cation of the Owners pursuant to the provisions of Section 1 I .3.
Section 1 1.7. Default Assessments. All monetary frnes assessed against an Owner
pursuant to the Association Documents, or any expense of the Association which is the
obligation of an Owner or which is incurred by the Association on behalf of the Owner
pursuant to the Association Documents, shall be a Default Assessment and shall become
a lien against such Owner's Unit which may be foreclosed or otherwise collected as
provided in this Declaration. Notice of the amount and due date of such Default
Assessment shall be sent to the Owner subject to such Assessment at least ten (10) days
prior to the due date.
Section 1 1.8. Effect of Nonpayment: Assessment Lien. Any Assessment installment,
whether pertaining to any Annual, Special or Default Assessment, which is not paid on or
before its due date shall be delinquent. If an Assessment installment becomes delinquent,
the Association, in its sole discretion, may take any or all of the following actions:
A. Assess a late charge for each delinquency in such amount as the Association deems
appropriate;
Assess an interest charge from the due date at the yearly rate of six points above the
prime rate charged by the Association's bank or such other lawful rate as the
Executive Board may establish;
Suspend the voting rights of the Owner during any period of delinquency;
Accelerate all remaining Assessment installments so that unpaid Assessments for the
remainder ofthe fiscal year shall be due and payable at once;
Bring an action at law against any Owner personally obligated to pay the delinquent
Assessments; and
Proceed with foreclosure as set forth in more detail below.
Assessments chargeable to any Unit shall constitute a lien on such Unit. The Association
may institute foreclosure proceedings against the defaulting Owner's Unit in the manner
for foreclosing a mofigage on real property under the laws of the State of Colorado. In
the event of any such foreclosure, the Owner shall be liable for the amount of unpaid
Assessments, any penalties and interest thereon, the cost and expenses ofsuch
proceedings, the cost and expenses for filing fees incurred in connection with the
enforcement of the lien. The Association shall have the power to bid on a Unit at
foreclosure sale and to acquire and hold, lease, mortgage, and convey the same.
Section I 1 .9. Personal Obligation. The amount of any Assessment chargeable against
any Unit shall be a personal and individual debt of the Owner of same. No Owner may
exempt himself from liability for the Assessment by abandonment of his Unit or by
B.
C.
D.
E.
F.
20
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Sara J Fishei' Eagie C0 135
waiver of the use or enjoyment of all or any palt of the Common Area. Suit to recover a
money judgment for unpaid Assessments, any penalties and interest thereon, the cost and
expenses ofsuch proceedings, and all reasonable attomey's fees in connection therewith
shall be maintainable without foreclosing or waiving the Assessment lien provided in this
Declaration.
Section I 1.10. Successor's Liability for Assessments: Subordination of Lien. The
provisions ofthe Act shall govern and control (a) the obligations ofsuccessors to the fee
simple title of a Unit on which Assessments are delinquent and (b) the subordination by
the lien of the Assessments provided for in this Declaration.
Section 1 I .l 1 . Payment by Morteagee. Any Mortgagee holding a lien on a Unit may
pay any unpaid Assessment payable with respect to such Unit, together with any and all
costs and expenses incurred with respect to the lien, and upon such payment that
Mortgagee shall have a lien on the Unit for the amounts paid with the same priority as the
lien of the Mortgage.
Section 1 1. I 2. Statement of Status of Assessment Payment. Upon payment of a
reasonable fee set from time to time by the Executive Board and upon fourteen (14)
business days' written request to the Manager or the Association's registered agent
(delivered in the manner provided below for issuance of an Association statement), any
Owner, Mortgagee, prospective Mortgagee or prospective purchaser of a Unit shall be
fumished with a written statement setting forth the amount of the unpaid Assessments, if
any, with respect to such lJnit. Unless such statements shall be issued by personal
delivery or by certified mail, first class postage prepaid, retum receipt requested, to the
inquiring party (in which event the date of posting shall be deemed the date of delivery)
within fourleen (14) business days, the Association shall have no right to assert a lien
upon the Unit over the inquiring party's interest for unpaid Assessments which were due
as of the date of the request.
Section I 1.13. Capitalization of the Association. Upon acquisition of record title to a
Unit from Declarant or any seller after Declarant, each Owner shall contribute to the
working capital and reserves of the Association an amount equal to fifty percent (50%) of
the Annual Assessment determined by the Executive Board for that Unit for the year in
which the Ouner acquired title. Such payments shall not be considered advance
payments of Annual Assessments. The unused portion of the working capital deposit
shall be retumed to each Orn'ner upon the sale of his Unit, provided that the new
purchaser of the Unit has deposited the required working capital deposit with the
Association. Such working capital may be utilized by the Association to meet start-up or
unexpected expenses, provided that the Executive Board provides the Owners with prior
written notice of such use of the working capital deposit,
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ARTICLE XII
ASSOCIATION AS ATTORNEY-IN-FACT
Each Owner hereby irrevocably appoints the Association as the Owner's true and lawful
attorney-in-fact for the purposes of dealing with any improvements covered by insurance
written in the name of the Association pursuant to Article X upon their damaee or
destruction as provided in Article XIII or a complete or partiai taking as provi-ded in
Article XIV below. Acceptance by a grantee of a deed or other instrument of conveyance
or any other instrument conveying any portion ofthe property shall constitute
appointment of the Association as the grantee's attorney-in-fact, and the Association shall
have full authorization, right, and power to make, execute, and deliver any conrract,
assignment, deed, waiver, or other instrument with respect to the interest of any owner
which may be necessary to exercise the powers granted to the Association as attorney-in-
fact.
ARTICLE XIII
DAMAGE ORDESTRUCTION
section I 3. I . The Role of the Executive Board. Except as provided in Section 13 .6, in
the event of damage to or destruction of a[ or part of any cbmmon Area improvement or
other property covered by insurance written irrthe name of t]le Association under ArticleX, the Executive Board shall arrange for and supervise the prompt repair and restoration
of the damaged propedy (the properfy insured by the essociation pursuant to Article X is
sometimes referred to as the ,,Association-Insured property").
Section 13.2. Estimate of Damages or Destruction. As soon as practicable after an event
causing damage to or destruction of any part of the Association-insured property, the
Executive Board shall, unless such damage or destruction shall be minor, obtain an
estimate or estimates that it deems reliable and complete of the costs of repair and
reconstruction. "Repair and reconstruction" as used in Article XIII shall mean restoring
the damaged or destroyed improvements to substantially the same condition in which
they existed prior to the damage or destruction. Such costs may also include professional
fees and premiums for such bonds as the Executive Board or the Insurance Trustee. if
any, determines to be necessary.
Section 13.3. Repair and Reconstruction. As soon as practical after the damage occurs
and any required estimates have been obtained, the Association shall diligently pursue tocompletion the repair and reconstruction of the damaged or destroyed As-sociation-
Insured Property. As attomey-in-fact for the ownerslthe Associaiion may take any and
all necessary or appropriate action to effect the repair and reconstruction of any damage
to the Association-Insured Property, and no consent or other action by any owner shall
be necessary. Assessments of the Association shall not be abated a*ing ih" period of
insurance adjustments and repair and reconstruction.
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section 13.4. Funds for Repair and Reconstruction. The proceeds received by the
Association from any hazard insurance carried by the Association shall be used for the
purpose for repair, replacement, and reconstruction ofthe Association-Insured property.
If the proceeds of the Association's insurance are insufficient to pay the estimated or
actual cost of such repair, replacement or reconstruction or, if upon completion of such
work ilre insurance proceeds for the payment of such work are insufficie.nt, the
Association may, pursuant to section 1 1.6., if permitted under the Act, levy, assess and
collect in advance from the owners, without the necessity ofa special vote ofthe
Owners, a Special Assessment sufficient to provide funds to pay such estimated or actual
costs of repair and reconstruction. Further levies may be madeln Hke manner if the
amounts collected prove insufficient to complete the repair, replacement or
reconstruction.
Section 13.5. Disbursement of Funds for Repair and Reconstruction. The insurance
proceeds held by the Association and the amounts received from the Special Assessments
provided for above, constitute a fund for the payment of the costs of repair and
reconstruction after casualty. It shall be deemed that the first money disbursed in
payment for the costs ofrepair and reconstruction shall be made from insurance proceeds,
and the balance from the Special Assessments. If there is a balance remaining after
payment ofail costs ofsuch repair and reconstruction, such balance shall be distributed to
the Owners in proportion to the contributions each Owner made as Special Assessments,
then in equal shares per unit, first to the Mortgagees and then to the bwners, as their
interests appear.
section 13.6. Decision Not to Rebuild common Area. If owners representing at least
67Yo of the total allocated votes in the Association (other than Decla;nt) and 5 1% of the
Mortgagees holding First Mortgages (based on one (l) vote for each Mortgage which
encumbers a Unit) and all directly adversely affected owners agree in wrting not to
repair and reconstruct improvements are authorized, then and in that event the damagedproperty shall be restored to its natural state and maintained as an undeveloped portiin ofthe common Area and if no altemative improvements are authorized, then and in the
event the damaged property shall be restored to its natural state and maintained as an
undeveloped portion of the Common Area by the Association in a neat and attractive
condition. Any remaining insurance proceeds shall be distributed in accordance with the
Act.
ARTICLE XIV
CONDEMNATION
sectiol I 4. I . Rights of owners. whenever all or any part of the common Area shall betaken by any authority having power of condemnation or eminent domain or whenever allor any part of the common Area is conveyed in lieu of a taking under threat of
condemnation by the Executive Board acting as attomey-in-faJt for all owners under
instructions from any authority having the power of condemnation or eminent domain,
each Owner shall be entitied to notice of the taking or conveying. The Association shall
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act as attomey-in-fact for all Owners in the proceedings incident to the condemnation
proceeding, unless otherwise prohibited by law.
Section 14.2. Partial Condemnation: Distribution of Award: Reconstruction. The award
made for such taking shall be payable to the Association as trustee for those O'"rryers for
whom use of the Common Area was conveyed and, unless otherwise required under the
Act, the award shall be disbursed as follows:
If the taking involves a portion of the Common Area on which improvements have been
constructed, then, unless within sixty days after such taking owners who represent at
Ieast 670/o of the votes of all of the Owners shall otherwise agree, the Association shall
restore or replace such improvements so taken on the remaining land included in the
Common Area to the extent lands are available for such restoration or reolacement in
accordance with plans approved by the Executive Board. If such improvements are to be
repaired or restored, the provisions in Article XIII above regarding the disbursement of
funds in respect to casualty damage or destruction which is to be repaired shalt apply. If
the taking does not involve any improvements on the common Area or if there is a
decision made not to repair or restore, or if there are net funds remaining after any such
restoration or replacement is completed, then such award or net funds shall be distributed
in equal shares per Unit among the owners, first to the Mortgagees and then to the
Owners, as their interests appear.
Section 14.3. Complete condemnation. If all of the property is taken, condemned, sold
or otherwise disposed of in lieu of or in avoidance of condemnation, then the regime
created by this Declaration shall terminate, and the portion of the condemnation award
attributable to the Common Area shall be distributed as provided in Section 13.5. above.
ARTICLEXV
DESIGN REVIEW
No alteration of the exterior of a Unit or other structure located within the Association,
including repainting of the structure, shall be made unless first approved in writing be the
Executive Board. The Executive Board shall exercise its best judgment to the end that all
modifications to structures and on land within the property conform to and harmonize
with the existing surroundings and structures. The Executive Board has the absolute right
to deny any requested changes which the Executive Board reasonably determines do not
conform to and harmonize with existing sunoundings and structures. The provisions for
architectural control contained in this Declaration shall be in addition to, and not in lieu
of, the architectural control provisions contained in the Municipal Code of the Town of
vail and any and all amendments thereto. All proposed construction, modifications,
alterations and improvements shall be approved pursuant to this Declaration before being
submitted for approval pusuant to the'ordinances of the Town of Vail.
24
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ARTICLE XVI
MORTGAGEE'S RIGHTS
The following provisions are for the benef,rt of holders, insurers or guarantors of First
Mortgages on Units. To the extent permitted under colorado law and applicable,
necessary or proper, the provisions of this Article XVI apply to this Declaration and also
to the Articles and Bylaws of the Association.
section 16.1. Approval Requirements. Unless at least 67%o of the Mortgagees holding
First Mortgages against any portion of the Property (based on one vote for each Mortgage
owned), and at least 67% of the owners (other than Declarant) have given their prior
written approval, the Association shall not be entitled to:
A. By act or omission seek to abandon, partition, subdivide, sell or transfer all or part of
the common Area (provided, however, that the granting of easements or rights of
way for public utilities or for other purposes consistent with the intended use of such
common Area shall not be deemed a transfer within the meaning of this clause);
B. Subject to any expansion rights of Declarant set forth herein, change the method of
determining the obligations, Assessments, dues or other charges which may be levied
against an Owner;
c. Fail to maintain insurance required to be maintained under this Declaratiou
D. Use hazard insurance proceeds for losses to improvements in the Common Area for
other than the repair, replacement or reconstruction of such property.
section 16.2. Title Taken by Mortgagee. Any Mortgagee holding a First Mortgage of
record against a Unit who obtains title to the Unit pursuant to remedies exercised in
enforcing the Mortgage, including foreclosure, will be liable for all Assessments due and
payable as ofthe date title to the Unit (i) is acquired or (ii) could have been acquired
under the statutes of colorado goveming foreclosures, whichever is earlier. such
Mortgagee shall also become liable for any Assessments having priority over the
Mortgage pursuant to the terms and provisions of the Act.
section 16.3. Right to Pay Ta,res and charges. Mortgagees who hold First Mortgages
against Units may, jointly or singly, pay taxes or other charges which are in default and
which may or have become a charge against any common Area, and may pay overdue
premiums on hazard insuralce policies, or secure new hazard insurance coverage on the
lapse of a policy for such common Area, and Mortgagees making such payments shall be
owed immediate reimbursement therefor from the Association.
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ARTICLE XVII
DURATION OF COVENANTS AND AMENDMENT
Section 1 7. I . Term. The covenants and restrictions of this Declaration shall run with and
bind the land in perpetuity, subject to the termination provisions of the Act.
Section 17.2. Amendment. This Declaration, or any provision of it, may be amended at
any time by Ouners holding not less than 670/o of the votes possible to be cast under this
Declaration at a meeting of the Owners called for that purpose, except as limited by
Article XVL Any amendment must be executed by the President of the Association and
recorded, and approval of such amendment may be shown by attaching a certificate of the
Secretary of the Association to the recorded instrument certifying the approval of a
sufficient number of Owners of the amendment. Notwithstanding the foregoing,
Declarant, acting alone, reserves to itself the right and power to modify and amend this
Declaration and/or the Plat to the fullest extent permitted under the Act.
Section 17.3. Revocation. This Declaration shall not be revoked, except as provided in
Article XIV regarding total condemnation, without the consent of all of the Owners
evidenced by a written instrument duly recorded.
ARTICLE XVIII
LIMIT ON TIMESHARING
No Owner of any Unit shall offer or sell any interest in such Unit under a "timesharing"
or "interval ownership" plan, or any similar plan.
ARTICLE XIX
DISCLOSURES
Section 19. I . Ski Facilities. The project is located in the vicinity of a public skiing
facility and recreation area (the "Ski Facility"), which may generate an unpredictable
amount of visible, audible and odorous impacts and disturbances from activities relating
to the construction, operation, use and maintenance thereof. The activities associated
with the Ski Facility include, without limitation: (I) vehicular and residential traffrc,
including, without limitation, (A) buses, vans, snowcats, snowmobiles and other vehicles
and equipment; (ii) activities relating to the construction, operation and maintenance of
ski trails and skiways relating to the Ski Facility, including, without limitation, (A)
construction, operation and maintenance of access roads, snowmaking equipment and
chair lifts, gondolas and other skier transportation systems, and (B) operation of snow-
grooming vehicles and equipment and safety and supervision vehicles; and (iii) activities
relating to the use of the Ski Facility, including, without limitation, skiing, snow-
boarding, hiking, horseback riding, bicycling and other recreational activities and
organized events and competitions relating to such activities.
26
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ARTICLE XX
GENERAL PROVISIONS
Section 20.1 . Restriction on Declarant Powers. Notwithstanding anlthing to the
contrary herein, no rights or powers reserved to Declarant hereunder shall exceed the
time limitations or permissible extent of such rights or powers as restricted under the Act.
Any provision in this Declaration in conflict with the requirements of the Act shall not be
deemed to invalidate such provision as a whole but shall be adjusted as its necessary to
comply with the Act.
Section 20.2. Enforcement. Except as otherwise provided in this Declaration, the
Executive Board, Declarant, or any Owner shall have the right to enforce, by a
proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens,
and charges now or hereafter imposed by the provisions of this Declaration. Failure by
the Executive Board of the Association, Declarant, or by any Owner to enforce any
covenant or restriction contained in this Declaration shall in no event be deemed a waiver
ofthe right to do so thereafter.
Section 20.3. Severability. Invalidation ofany one ofthese covenants or restrictions by
judgment or court order shall in no way affect any other provisions which shall remain in
full force and effect.
Section 20.4. Conflicts Between Documents. In case of conflict between this
Declaration and the Articles and the Bylaws of the Association, this Declaration shall
control. In case of conflict between the Articles and the Bvlaws. the Articles shall
control.
IN WITNESS WHERXOF. Declarant has executed this Declaration on the date first
written above.
STATE OF COLORADO
COUNTY OF EAGLE
ta
The foregoing instrument was acknowledged before me on this [ | day of
September, 2000, by Blanche Christian Hill. WITNESS MY HAND AND OFFICIAL
SEAL: r , I
roN EXPTREs, I ,lf i /o r
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BLANCHE CHRISTIAN HILL
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EXHIBIT A
DECLARATION
OF
COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS
FOR
THE HILL BUILDING
LEGAL DESCzuPTION
PARCEL I:
A PORT]ON OF LOT C, BLOCK 5-C, VAIL VILLAGE F]RST FILING, A
SUBDIVISION ]N THE TOWN OE VAIL. COUNTY OF EAGLE, STATE OF COLORADO,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 5 SOUTH, RANGE 80 WEST; THENCE
ALONG THE U.S, FOREST SERVICE BOUNDARY SOUTH 89 DEGREES 44 MINUTES OO
SECONDS WEST A DISTA|ICE OF 68.64 FEET; THENCE NORTH 10 DEGREES 16
MINUTES 00 SECONDS WEST A DISTANCE OF 23.18 FEET; THENCE NORTH 85
DEGREES 44 MINUTES 04 SECONDS WEST A DISTANCE OF 5.16; THENCE NORTH 11
DEGREES 07 MINUTES OO SECONDS WEST A DISTANCE OF 16.49 FEET,. THENCE
NORTH 78 DEGREES 53 MINUTES OO SECONDS EAST A DISTANCE OF 56.79 FEET;
THENCE SOUTH 26 DEGRF,ES 54 MINUTES OO SECONDS EAST A DISTANCE OF 56,07
FEET TO THE POINT OF BEGINNING.
EXCEPTING AND RESERVING UNTO VAIL ASSOCIATES, INC., A COLORADO
CORPORATION. ITS SUCCESSORS AND ASSIGNS. A NON-EXCLUSIVE PERPETUAL
EASEMENT DESCRIBED AS FOLLOWS: WITHIN THE ABOVE DESCRIBED DESCRIPTION,
A 10 FOOT EASEMENT SAID CENTERLINE STARTING AT A POINT ON THE EASTERLY
BOUNDARY OF ABOVE DESCRIBED PARCEL A DISTANCE OF 23,3 FEET NORTH 26
DEGREES 54 MINUTES (](] SECONDS WEST FROM THE SOUTHEAST CORNER OF SAID
PARCEL THENCE SOUTH 27 DEGREES 4]" MINUTES 32 SECONDS WEST A DISTANCE OF
23.58 FEET TO THE POTNT ENDTNG ON THE SOUTHERLY BOUNDARY OF SAID
PARCEL.
PARCEL 2:
LOT ] (LOWERCASE L), BLOCK 5C, VAIL VILLAGE FIRST FILING, ACCORDING TO
THE RECORDED PLAT THEREOF, COUNTY OT' EAGLE, STATE OF COLORADO.
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EXHIBIT B
DECLARATION.
OF
COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS
FOR
THE HILL BUILDING
SHARINGRATIOS
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57.00 percent
43.00 percent
100.00 percent
LINIT C
UNITR
ASSOCIATION
TOTAL
29
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EXHIBIT C
DECLARATION
OF
EASEMENTS AND LICENSES OF RECORD
FOR
THE HILL BUILDING
I. RIGHT OF PROPzuETOR OF A VEIN OR LODE TO EXTRACT AND
REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOTIND TO
PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN LNITED
STATES PATENT RECORDED ruLY 11. 1899.IN BOOK 48 AT PAGE 475.
2. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE
AUTHORITY OF THE LTNITED STATES AS RESERVED IN LTNITED
STATES PATEN'| RECORDED ruLY I1. 1899. IN BOOK 48 AT PAGE 475.
3. RESTzuCTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE
OR REVERTER CLAUSE. BUT OMITTING ANY COVENANT OR
RESTzuCTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP,
FAMILIAL STATUS ORNATIONAL ORIGIN UNLESS AND ONLY TO THE
EXTENT THAT SAID COVENANT (A) IS EXEMPT L]NDER CHAPTER 42,
SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO
HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAP- PERSONS, AS CONTAINED IN INSTRUMENT RECORDED AUGUST 10,
1962, IN BOOK 174 AT PAGE 179 AND AS AMENDED IN INSTRUMENT
RECORDED AUGUST 30. 1971 IN BOOK 221 AT PAGE 492.
(ITEMS 1 THROUGH 3 AFFECT BOTH PARCELS)
4. UTILITY EASEMENT TEN FEET ALONG THE SOUTH LOT LINE OF
SUBJECT PROPERTY AS SHOWN ON THE RECORDED PLAT OF VAIL
VILLAGE, FIRST FILING.
oTEM 4 AFFECTS PARCEL l) (LOWER CASE L)
5. TERMS, CONDII]ONS AND PROVISIONS OF INGRESS AND EGRESS
EASEMENT MORE PARTICULARLY DESCRIBED IN DOCUMENT
RECORDED SEPTEMBER 15,I972IN BOOK 225 AT PAGE 4OI.
6. TERMS, CONDITIONS AND PROVISIONS OF APPLICATION FOR
REVOCABLE PERMIT TO ERECT OR MAINTAIN A STRUCTURE ON A
PUBLIC RIGHT OF WAY RECORDED JULY 7. 1993 IN BOOK 613 AT
PAGE 210.
OTEMS 5 AND 6 AFFECT PARCEL 2)
30
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JOINDER OF'LENDER
The undersigned, owner of a promissory note dated April 2, 1999 (as it may have
been or may be from time to time renewed, extended, amended or supplemented, the
"Note"), executed by Declarant and payable to the order of NationsBank, N.A., and
secured by, among other things, a Deed of rrust (security Agreement and Financing
statement)(as it may have been or may be from time to time renewed, extednded,
amended or supplemented, the "Deed of rrust"), recorded April 8, 1999 as Reception No.
692138 in the land records of Eagle County, Colorado, encumbering the land described in
this Declaration, and the improvements located thereon for itself, and its successors and
assigns, hereby consents to the Declaration of Covenants. Conditions and Restrictions
and Easements for the Hill Building.
BANK OF AMERICA, N.A. (successor by merger to NATIONSBANK, N.A.),
a national bankins association.
Title:
Notice Address:
Bank of America, N.A.
5500 Preston Road, l'1 Floor
Dallas, TX 75205
STATE OF 'TE{.6
COLNTY op Dcurc^-:
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The foregoing instrument was acknowledged before me on this ZnIh day of
September,2000,by A.rn^r,-.to--TLOr - . WITNESS
MY HAND AND OFFICIAL SEAL:
MY COMMISSION EXPIRES:
CFCILE M. DI'WE
NOTNRYruBUC
€+TEOFTEXAS
W Comrn Erp. Ct-1248
Notary Public
Department of Community Development
75 South Frontage Road
Yail, Colorado 81657
970-479-2138
FAX 970-479-2452
www.ci,vail.co.us
April 25, 2001
Margpret ttranlon
225 Wall Street #205
Vail, CO 81657
RE: Proposed lttll Building Condominian Pla - A Ponion of Lot C and Lat l, Btoch 5C Vail Vtfiqe Id Filing
Dear Margaret:
The Town of Vail Community Development Departrnant has reviaved the proposed cmdominium plat for the Hill
Building hior to approval &om a Town of Vail zoning adrninistrator, there are a number of cmrectims that need to
be made:
tr Show the ingress aDd egress (pedestriau) easement on the ffap (refeffed to in Schedule B of the Title Report and
as shown on improverrent location cs'tificatejob no. 93? by Eagle Valley Engineering & Surveying Inc. and
described in the document recorded Septonber 15,2972in Book 225 at Page 401.)
tr Add a uirittar survey descriptim of the area per TOV municipal code section 13-3-6BG) including the total
acreage of the site and each individual lot. The aaeage of each lot must be indicated m the map as well.
tr Rernove the Touar Council Certificate ertirely. This is not required.
Please make the aforernmtioned conectiorls and submit two (2) mylar copies and two (2) paper copies of the
Condominium Plat to lhe Cornmunity Develq>ment Departm€ot. Please include a check for $1E5.00 made out to
the Eagle County Clerk and Recorder. The Eagle County Clerk and Recorder's Offce has plat recording/filing fees
which are as follows:
$ 10.00/mylar copy ofplat ($/0. 00 x 3 pages = 830.00)
$5.00/page for covenants and declarations ($5.00 x 3l pages = $1 55.00')
If you have any questions or cotrcems, please contact me at 479-2148 m *j.g$!f@c-t yatl.SSU-S.
Sincerelv.
Plann6l 97615 SPeciali
Town of Vail
cc. Roger Meyet, Meyu Land Systerns
{pu**o"n'^
rl?r cCIpy
Department of Community Development
75 South Frontage Road
Vail, Colorado 81657
974-479-21 38
FAX 970-479-2452
www.ci.vail.co.us
SeDtember 25. 2001
Margaret Hanlon
225WalI Streer, #205
Vail, Colorado 81657
Proposed Hill Building Condominium Plat-A portion of Lot C & Lot l, Block 5C, Vail
Village First Filiug
Dear Margaret,
On April 25, 2001, we sent you a letter in response to an application for a proposed condominium plat for
Ote Hill Building. The purpose of the letter was to provide you v/ith a written list of corrections that were
required prior to an approval of the plat by the Town of Vail Zoning Administrator. Please refer to the
attached letter dated April 25, 200I, for details.
We have yet to hear back from you on this application. My reason for writing is to offer my assistance, if
needed, in responding to the list of corrections and to deterrrine ifyou are stii punuing the condominium
plat subdivision. If some assistance is required, or if you have specific questions regarding your
application, please do not hesitate to call me at 479-2145. If you are no longer pursuing thii application, I
would be very appreciative ifyou contacted me to inform me ofyour desire to withdraw the application.
Again, please do not hesitate to call should you have any questions or concerns.
Sincerely,
".-*#ffi**-Q'-*l*tChiefofPlanning
Town of Vail
$RECYCLED PAPER
(
lsvrt0u 1(/r 2/92
Date Received bv the
APPLICATION FOR
CONDOMINIUM/TOWNHOUSE PLAT REVIEW(rrrr,u rl, Vait Municipal Code)
(pteaso prinl or lype)
AppLICANT BLANCHE c. HrLL, FORMERLY BLANCHE
MAtL1NG ADDRESS 31j BRTDGE sTREEr,,/AIL, CO
LU,
A,C. . HAUSERMAN
81657
PI IONE (970 ) 4'76-5248
M&*a.rnto/) 3, PnqEl
l.nmmlinltv
u rb5 /
H APPLICANT'SFEPRESENTATIVE MARGARET HANLON225 wALL STREET #ao5 --%
ADDRESS VAIL, CO PHONE ( 970 ) 47 6-4066
C. PBOPERTY OWNEI] BLANCIJE HILL (FORMERLY HAUSERMAN)
OWNER'S SIGNATUBE
MAILING ADDRESS
PHONE (q70) 476_s248
E.
F
11 BRr?cE STREET, VArL, CO 81657
LOCATiON OF PBOPOSAL:
STFEET ADDBESS 31 1 BRIDGE STREET, VAIL,8'1657
LOT,l andBEOCX sc SUBDtVIStON vArL vrLLAGE
APPLICATION FEE $1OO.OO PAID
MATERIALS TO BE SUBMITTED:
b
FILING' I
DATE
RECEIVED
APR ff 3 ?$r11
CHECK #
1' Two mylar copies.and one paper copy of the subdivision plal shall be submirtedt0 the Departmentof community Devbropnrent. The prat!hitLincruos a sitemap witfi the l0llowing requir€ments:
a' The final plat sha, be drawn by a registered surveyor in India ink, orolher subslsnlial solution, on a reprodilcible mecjium (prelerably mylar)wilft dimelrsion.of tworrty foLrr by tlrirty-six incfres and'rr,iri or at a scaleor one lrundred feet r0 one inch or raiger wrth margins oione ano one-harf to two inches on the refr and one-half inch on iil other sioes,
c,
d.
Accurale d mensions to the nearest one-hundrecjth of a foot for ail rines,angles and curves used to cJescrib* boundaries, streets, setbacks,alieys, easeme.ts, struct'res, areas to be reserved or dedicated forpuillic oI connmon uses and 0ther important features, All curves shall becircular arcs and sha be defined by the radius, central angle, arcsc.red disrances and bearing. Alr dimensions, both rinearind angurar,are t0 be determined by an accurat: contror survey in tho fierd wh'ichmust balance and ciose within a rinil of one in ten rnousand.
North arrow and graphic scale,
A systemalic identificalion of ail existing and proposed buirdings, units,lots, blocks, and narnes for all streets.
/reor-aoal
e. An identificati0n of the streets, alleys, parks, and other public areas orfacirities ql shown on the prat, and a dodicarion thereof ro the pubricuse. An identificarion of the easements as shown on lhe prat and agrant thereoi to the pubric use, Areas reserved for future pubric
acquisition shall also be shown on the plat .
f' A written survey description of the area including th6 total acroage t0 thenearest appropriate signilicant rigure. The acreige of each lot o-r parcet
shall be shown in this manner as well.
g. A description of ail survey monuments, both found and set, which markth' boundaries ot the subdivision, and a description of ari monumentsus'd in corducting the suruey. Monument perimoter per cororadostatutes. Two perimeter monuments shall be establishod as major
contror monumenrs, the materiars which shail be derermineo by ihe townengineer.
h. A statement by the rand surveyor expraining how bearrng base wasdetermined,
i. A certiricate by the registored rand surveyor as outlined in chapter 17.32of this titre as to the accuracy of the survey_and prat, and that ihe survsywas perlorrned by him in accordance with bolorado Revised Statuies1973, Titte 38, Articto 51.
j' A certificate by- an attorney admitted to practice in the Stat6 of Colorado,or corporare title insurer, that the owne(s) of record dedicating to thepublic the public nghtof-way, areas or facilities as shown lnereon arethe owners thereof in fee sirnpre, fr6e and crear of afl riens andencumbrances except as noled.
k. The proper form for tiring of th€ prat with the Eagre county crerk andRecorder.
r. certiricate of dedication and ownership, shourd the certificate ofdedication and ownership provide for a dedication 0f rand 0rimprovements to the pubric, ail beneficiaries of deeds of rrust anom.rrgage horders on said rear property wiil be required to sign thecertificate of dedication and ownership in addition to the feelimpleowner thereof.
m. All cunent taxes.must be paid prior to the Town,s approval ot plat. Thlsincrudes taxes which have been biiled but are n.t ybi aue. rnecertificate of taxes paid must be signed on the plaf 0r a statemenilromthe Eagle county Assessor's office must be provlded with the submittalinformation stating that all taxes have been paid.
n. Signature of owner,
2' The condominium or townhouse plat shall also Include lloor plans, el6vationsand cross-sections as necessary to accurately determine lnO'ividual aif spacesand/or other ownerships and if the project wai buitt substantially the sam6 asthe approved plans.
3' A copy of lhe condominium documents for statf review t0 assur€ that there aremaintenance provisions included for all commonly owned areas.
APPROVAL PROCESS, REVIEW CRITERIA
upon re.ceiving tvo copies of a complete submittal along with payment of theappropriate f ee, the zoning administrator shafl route one copy of ihe site map ro th6town engineer for his review. The zoning administrator snalt-tnen conduct lhis reviewconcurrently' The town engineer shall review the submlttal and return comments anc,
G.
t.
notifications to the zoning administrator who shall transmit the approval, disapproval orapprovalwith modifications of the ptat within fourteen days to the applicant, Tho
zoning administrator shall sign the plat if approved or require modifications on tha plat
for_approval or deny approval due to inconsistencies with the originalry approveo pranor failure lo make other required modifications of the olat.
FILING AND RECOFDING
The zoning administrator shall be the final signature required on the plat s0 that theDepartment of commun|ty Deveispment will be responsible lor promptly rccording th6approvod plat with ll;,:; Eagle ccunty clerk and Recorder. Fees for recbrding sha-llbapaid by the applicant. The Community Development Department wilt retatn one mviaicopy 0f the plat for their recordr; and wirr record the remaining myrar copy,
lf this application requires .a separate review by any local, state or Federar agencyother than the Town of Vail, the application tee snatt be irrcreased by $zoo.o6.Examples of such review, may include, but are not limited to: colorado Department ofHighway Access Permits, Army Corps of Engineers 404, etc.
The applicant shall be responsible for paying any publishing fees which are In excossof 50% of the application fee. lf , at the appticani's request:any matter is postponed forhearing, causing the matter to be.re"published, then the entireiee lor sucn 16-publication shallbe paid by the applicant.
App.lications deemed by the community Development Department to havo signifieantdesign, land use or other issues which may have a signilicant impact 0n thecommunity may requlre review by consultants other ttian town staft, shouro adelermination be made by the town staff that an outside consultant is needgd to reviowany applicatio0, the community Developmsnt Department may hire an outsideconsultant, it shall estimate the er"nount of money necessary to pay him or her and thisamount shall be forwarded to ths Town by the applicant at the tim-s ne fites hisapplication with the communily Development Department, upon completion ol thereview of the application by the consultant, any of the lunds foruyarded by the applicantfor payment of the consultant which have not been pald to the consultant shalt bereturned to the applicant. Expenses incurred by the Town in excass 0f ths arnountto-rwarded by the application shail be paid to th; Town by the applicant within B0 daysof notification by the Town.
-
ffi,tor.l ff ro/dtraa1ol'"
Date Beceived
r-'t:(:oza1r-j
i
hri lho /\nrnrnrrni)"Y' r',v vwr I trr tllt ty
' li:ir
Developmont
REC ED spartme nt
APPLICATION FOR
CONDOMINiUM/TQWNHOUSE PLAT REVIEW(rlrlr ,i r . Vait Municipal Code)
(pleaso print or type)
ApptlCANT BLANCHE C . HrLL, F.ORMERI,Y BLANCHE
llAi;lNG ADDRESS 3 I 1 BRI DGE STREE'1" VAIL , CO
Pf roNE
JIiN ? f* ;il0?
C. . HAUSERMAN
o tol /
(970 ) 4t6-5248
B
O. PFOPiETY OWNii-]BLANCH E HILL (FORMERLY HAUSERMAN)
O\YIIEIl S SIGNATURE
lrA it r\ ^^-.F\r^^l\ r\.* r\,{1 AUJHES5 3 1 l BRrpcF.. STRETT, VAIL, CO 81657
D.LOCATION OF PROFOSALT
S'I-IIEET ADDFESS 3 1 1 BRIDGE STREET, VAIL,CO U I05 /
'I ..^-l
i-CT ' '"rr' aLnr-k' )e qtrtrnr\/rc ^^, VAI L, VILLAGErJ !\.'/v r\- t r,Jr\,/r\
Pl'IONE_ (.c)70) .476-5?4g .
FILING
E.
F
AppLrcATtON FEE $100.00 pAtD_
- CHECK #.- DAT
^,.ATET]]ALS
TO BE SUBMITTEDI
I 'l'lvo mylar cop es^and one Dapsr c.py o1
're
subd,vision prat sha, be submittedt0 ihe Department ol Communily De'vbropment, Tlre ptat shall incluOe a sitofirap wilh the iollowing requirements:
a, The tinat il?ill,ull be drawn by a regrsrered surveyor in lndia ink, 0r0ir)8r s!nsrantriri soiulror on a rrir.cdl-rcibre mcciir:in (prerefabry myrar)'r'''i'' rj "riir-r5ion, cr twc:ri'r' rl^rr b7' lrr "'v-q x incrrcs and sharr be at a scarg01 Oire Iunarcd lcel lo or.ij rncit or largcr wiln margins ol one and one_rtalt l0 l\vo rnches on tne lcll ano one_hall inch on ill other sides.
f) Accurale Q mensions l0 lire nearssl one-hurcirecllh ol a foot lor all linos,a.!res a.O cunves trs'd lo descrD() bc,lndarics, slf eels, selbacks,arieTs, 0asgrnrrris, slritcli;.ils, areas lc 0e reservSo or dedrcated forpuil c cr ccnrm0r usts ar:l other r16pplignl leat!reS. All Curves shall beci(cn at arcs anc sna oe (clined iy lhe radius, cenlral angle, arcsco'ec crsrances ancl bearing, Ar c mensions, both rinear and angurar,are r0 ne crre rlrrned l':y a'r acclrate conrrol survey in tho rield whichfl'l.,Sl Caran;e ;ir:fl g;696',,i11in it ti.r lOl 0ne In l€n lhOUSang,
c N011fr airClv anC 0rapiltc S:aie,
d A sysle malic identilicalion ol ail exrst]ng anrj proposed buildings, units,icls, Dt0cks and names f or all streers.
rcvrcgJ 1(!iz9?
A. APPLICANT
Date Received by the Community Development
Department
APPLICATION FOR
CONDOMINIUM/TOWNHOUS E PLAT REVIEW(rrrnn, r: , Vail Municipal Code)
(please print or type)
MAILING ADDRESS
PHONE
B. APPLICANT'S REPRESENTATIVE
ADDRESS PHONE
C. PROPEBTY-OWNER
OWNER'S SIGNATURE PHONE
MAILING ADDRESS
LOCATION OF PROPOSAL:
STREET ADDRESS
LOT BLOCK_ suBDtvtstoN
E.APPLICATION FEE $1OO.OO PAID CHECK #
F.
D.
FILING
DATE
MATERIALS TO BE SUBMITTED:
l' Two mylar copies and-one paper copy of the subdivision plat shali be submittedto the Department of community Development. The plat shall include a sitemap with the lollowing requirements:
a. The final prat shall be drawn by a registered surveyor in rndia ink, or
orher substantiar sorution, on a reproducibre medium (preferabry rnyrar)with dimension of twenty-four by thirty-six inches anO sfratt Oe at a scateof one hundred feet to one inch or rarger with margins of one and one-half to two inches on the left and one-half inch on ill other sides.
rt' Accurale dimensions 1o ihe nearest one-hundredth of a foot for all lines,
angres and curves used to describe boundaries, streets, setbacks,
alleys, easements, structures, areas to be reserved or dedicated forpublic or common uses and other important features. All curves shall be
circular arcs and shail be defined by the radius, centrar angre, arc
scored dislances and bearing. All dimensions, both linear and angular,
are t0 be determined by an accurate control survey in the field which
must balance and close within a limit of one in ten thousand.
c. Norih arrow and graphic scale.
d. A systemaiic identilication of all existing and proposed buildings, units,
Iots, blocks, and names ior all streets.
n.
An identification of the streets, alleys, parks, and other public areas orfacilities as shown on the plat, and a dedication thereof to the public
use. An identification of the easements as shown on the plat and agrant thereof to the public use, Areas reserved for luture public
acquisition shall also be shown on the plat .
A written survey description of the area including the total acreage to the
nearest appropriate signi{icant figure. The acreig" of each lot o-r parcel
shall be shown in this manner as well.
A description of all survey monuments, both found and set, which mark
the boundaries of the subdivision, and a description of ail monuments
used in conducting the survey. Monument perimeter per Colorado
statutes. Two perimeter monuments shall be established as major
control monuments, the materials which shall be determined by the town
engineer.
A statement by the land surveyor explaining how bearing base was
determined.
A certificate by the registered land surveyor as ouflined in chapter 17.32
of this title as to the accuracy of the survey and plat, and that ihe survey
was performed by him in accordance with colorado Revised statutes
1973, Title 38, Articte 51.
A ceriificate by an attorney admitted to practice in the state of colorado,
or corporate title insurer, that the owner(s) of record dedicating to the
public the public right-of,way, areas or facilities as shown thereon are
the owners thereof in fee simple, free and clear ol all liens and
encumbrances except as noted.
The proper form for filing of the plat with the Eagle County Clerk and
Flecorder.
I' certificate of dedication and ownership. should the certificate of
dedication and ownership provide for a dedication oJ land or
improvements to the public, all beneficiaries of deeds of trust and
mortgage holders on said real property will be required to sign the
certificate of dedication and ownership in addition to the tee simDle
owner thereof.
m. All current laxes must be paid prior to the Town's approval of plat. This
includes taxes which have been billed but are not yet due. Tfre
certificate of taxes paid must be signed on the plat or a statement trom
the Eagle county Assessor's office must be provided with the submittal
information stating that all taxes have been paid.
n, Signature of owner.
The condominium or townhouse plat shall also include floor plans, elevations
and cross-sections as necessary to accurately determine individual air spaces
and/or other ownerships and if the project was built substantially the same as
the approved plans.
A copy of the condominium documents for staff review to assure that there are
maintenance provisions included for all commonly owned areas.
APPROVAL PROCESS, REVIEW CRITERIA
Upon receiving two copies of a complete submittal along with payment of the
appropriate fee, the zoning administrator shall route one copy of the site map to the
town engineer for his review. The zoning administrator shajl then conduct this review
concurrently. The town engineer shall review the submittal and return comments and
e,
s.
k.
2.
a
(:,
H.
notifications to the zoning administrator who shall transmit the approval, disapproval orapprovalwith modifications of the plat within fourteen days to the'applicant. Thezoning administrator shall sign the plat if approved or require modifications on the platfor.approval or deny approval due io incons'istencies with the originally approved ptanor failure lo make other required modifications of the plat.
FILING AND RECORDING
The zoning administrator shall be the final signature required on the plat so that theDepartment of community Development will be responsible for prompily recording theapproved plat with the Eagle County Clerk and Recorder. Fees for recorOing sfratt Oepaid by the applicant. The Community Development Department will retain 6ne mylarcopy of the plat for their records and will record the remaining mylar copy.
lf this application requires a separate review by any local, state or Federal agencyother than the Town of Vail, the application iee snitt be increased by $200.00.Examples of such review, may include, but are not limited to: colorado Department ofHighway Access Permits, Army Corps of Engineers 404, etc.
The applicant shall be responsible for paying any publishing fees which are in excessof 50% of the apptication fee. lf, at the appticani,s requestlany matter is postponed forhearing, causing the matter to be_re-pubrished, then the entireiee for sucn re-publication shall be paid by the applicant.
App.lications deemed by the community Development Department to have significantdesign, land use or other issues which may have a significant impact on the
community may require review by consultants other than town staff. shouto a
determination be made by the town staff that an outside consultant is needed to reviewany application, the community Developmenl Departmenl may hire an outside
consultant, it shall estimate lhe amount of money necessary to pay him or her and thisamount shall be forwarded to the Town by the applicant at ihe iim'e ne files his
application with the community Development Department. upon completion of thereview of the application by the consultant, any of the funds forwarded ny tne applicantfor payment of the consultant which have not been paid to the consultant shall bereturned to the applicant. Expenses incurred by the Town in excess of the amount
fo-rwarded by the appiication shall be paid to the Town by the applicant within 30 daysof notification by the Town.
rlvltc'J'0t?,92
A,
Dats Recelved by tho Community Devolopmenl
D epartme nt
APPLICATION FOR
CON DOI/INIUM/TOWNHOUS E PLAT REVIEW(rrrr.n rr, Vail Municipal Cods)
(pleas6 print or type)
AppLiCANT BLANCHE C. HILL, FORMERLy BLANCHE C. . HAUSERMAN
MAlr-lNG ADDRESS 311 BRIDGE STREET, VAIL. CO 81657
PIiONE (9?C ) 476-5248
APPLlCANT S HEPFESENTATIVE
PROPERTY OWNER BLANCH E HILL (FORMERLY HAUSERMAN)
225 WALL STREET
PHONE
OY/I.IER S SIGNATURE
[4A1i.INC ADDRESS
Pt-tcNE. ..( q?o) .4?6_5248
JII BRIDGE STRESTI VAIL, CO 8165?
D, LOCATION OF pFOPOSALT
S-I'FEETADDBESS 311 BRIDGE STREET, VATL,CO o ro) /
tnr I andopr-.,,r.,, 5CL,L\Jvr\- SUBDIVISiON VAI Ii VILLAGE FILING
r.
APPLICATION FEE $1OO.OO PAID
MA'EFIALS TO BE SUBMITTED:
CHECK #DATE
I rwo mylar ccpies.and one paper copy or rlre sr.,bdivision prat shail be submittedtc lhe Deparlmenr of Communily Devbiopnrent. The plat shall inctude a sitemap wllh lhe f oIowing requiremenls:
a The rinar pr!lshat be drawn by a registered surveyor in rndia ink, ororher s..rrrslanria sori.rrror', on a rrn'oi,rcib e meciium (prererabry mylar)
"'/iilr
(: "r0Irsion, c{ rwcrrrT lC,rr by llr :1y-5r1 ncfrcs and sha, be at a scare0f ore rruncrcd fcet r0 0.c nch cr raiger wrlh margins oi one and ono.harf to iwo inches on the re ft ano one-hat inch oniil o*rer sioes.
h Accui'aie d mensions lo lhe nearest one.hundrecJth of a foot for all lines,0r'r!rg5 366 curves uscci to ciesciiil() boundaries, streets, serbacks,a e)/S eaSsrnerIS, SlfitClij.eS, areas lC be reserveO Or deOiCateO fOrprju,c cr cornrnon uscs a^d other 1qp6r1ant ,ealures. All curves shall bec /Q;r31 ar'cs anc shaii oe cclined ry the radius, central angle, arcsc0'ed distances ancl bearing. Air c mensions, b0th rinear ano angurarrare l0 D? ceterrrined by an accurat,r control survey in ths field wh'ichmr'jsi ba arce and crose vr thin a rrTit of 0nc rn ren th.usand.
c Norih alot'/ and 0rapitic scale,
d' A syslematic identilicaliorr ol all exrstrng and proposed buildings, unils,l0tS, blCcks, and names for ail Slreers,
e. An identification of the streets, alleys, parks, and other public areas or
facilities as shown.on the plat, and a dedication thereof to the public
use. An identification of the easements as shown on the plat and agrant thereof to the public use, Areas reserved lor future public
acquisition shall also be shown on the plat
f. A written survey description of the area including the total acreage to the
nearest appropriate significant figure. The acreage ol each lot or parcel
shall be shown in this manner as well.
g. A description of ail survey monuments, both found and set, which mark
the boundaries of the subdivision, and a description of afi monuments
used in conducting the survey. Monument perimeter per cororado
statutes. Two perimeter monuments shall be established as major
control monuments, the materials which shall be determined by the town
engineer.
h. A statement by the land surveyor explaining how bearing base was
determined.
i. A certilicate by the registered land surveyor as ouilined in chapter 17.32
of this title as to the accuracy of the survey and plat, and that ihe surveywas performed by him in accordance with colorado Revised statutes
1973, Title 38, Articte S1 .
j. A certificate by an attorney admitted to practice in the state ol colorado,
or corporale title insurer, that the owner(s) of record dedicating to thepublic the public right-of-way, areas or facilities as shown ther6on are
the owners thereof in fee simple, free and clear of all liens and
encumbrances except as noted.
k. The proper form for filing of the plat with the Eagle county clerk and
Recorder.
l. certificate of dedication and ownership. should the certificate ot
dedication and ownership provide for a dedication of land or
improvements to the pubric, ail beneficiaries of deeds of trust and
mortgage holders on said real property will be required to sign the
certificate of dedication and ownership in addition to the feelimple
owner thereof.
m. All current taxes must be paid prior to the Town's approval of plat. This
includes taxes which have been billed but are not yei due. The
certilicate of taxes paid must be signed on the plai or a statemenl fromthe Eagle county Assessor's office must be provided with the submittal
information stating that all taxes have been paid.
n. Signature of owner.
The condominium or townhouse plat shall also include floor plans, elevations
and cross-sections as necessary to accurately determine ino'ividuat air spaces
andior other ownerships and if the project wds ouitt substantially the same asthe approved plans.
A copy of the condominium documents for staff review to assure that there aremaintenance provisions included for all commonly owned areas.
APPROVAL PROCESS, REVIEW CRITERIA
Upon receiving two copies of a complete submittal along with payment of theappropriate fee, the zoning administrator shall route one copy of ihe site map to thetown engineer for his review. The zoning administrator srrait-tiren conduct this reviewconcurrently. The town engineer shall review the submittal and return comments and
2.
a
G,
H.
notifications to the zoning administrator who shall transmit the approval, disapprovat orapprovalwith modifications of the ptat within fourteen days to thb'appticant. tnezoning administrator shall sign the plat if approved or require modifications on the platforapproval or deny approval due to inconsistencies with the originalty approveo pian
or failure to make other required modifications of the plat.
FILING AND RECORDING
The zoning administrator shall be the final signature required on the plat so that theDepartment of community Development will be responsible for promptly r""oiJing th"approved plat with the Eagle county clerk and Recorder. Fees for ,.bciroing sha-ll bepaid by the applicant' The Community Development Department will rstain 6ne mylarcopy ol the plat for their records and will record the remaining mylar copy.
lf.this application requires a separate review by any local, state or Federal agencyother than the Town of Vail, the application tee snatt be increased by g200.00.
Examples of such review, may include, but are not limited to: colorado Department ofHighway Access Permits, Army Corps of Engineers 404, etc.
The applicant shall be responsible for paying any publishing fees which are in excessof 50% of the application fee. lf, at the appficani's requestf any mauer is postponed forhearing, causing the matter to be.re-published, then the entireiee lor such re-publication shalt be paid by the aipticant.
Applications deemed by the community Development Department to have significantdesign, land use or other issues which may have a significant impact on thecommunity may require review by consullants other than town staff. should adetermination be made by the town staff that an outside consultant is needed to reviewany application, the community Development Department may hire an outsideconsultant, it shall estimate the amount of money necessary t6 pay him or her and thisamount shall be forwarded to the Town by the applicant at ihe tim-e ne files hisapplication with the community Development oepartment. Upon completion of thereview of the application by the consultant, any of the funds forwarded uy lre applicantfor payment of the consultant which have not been paid to the consultant shall bereturned to the applicant, Expenses incurred by the Town in excess of the amountforwarded by the application shall be paid to the town by the applicant within 30 daysof notification by the Town.
O u^**.Hlffiillop.c. O
llli Werr, Srrcrr, Srnn 205
VrnrCorcgoot1657
IEr,Brsonp (Y',0, {lffi
Tsrrrx(90) {15{{t{
January 25,2002
Allison Ochs
Town of Vail Pianning Departrrent
Dear Allison:
Enclosed please find the remainder ofthe documents that you and I have discussed via
phone. I will call to ensure that there is nothing else needed by the Town.
Thanl you for youl time ancl attention.
Sir-rcerely,
LAW OFFICES OF MARGARET E. HANLON. P.C.
W&,t(-*
Margaret E. Hanlon
MEHism
Enclosures
,r,!hoJ 1Utl|/02
Ztu aKe sbr
lzea z -u //
RECiIVED
A.APPLICANT \zMr rr.r
ADDRESS dge Street, Vail, Co 81657MAILING
PHONE
c.
B.APPLICANT'S REPFIESENTATIVE
PHOPERTY.OWNER
Ronald J. Byrne
ADDRESS
OWNER'S STGNA
MAILING ADDRESS
PHONE (970) 476-1987
e Street Vai1, CO 81657
n LOCATION OF PROPOSAL:
STREET ADDRESS 352 E Meadow Drive
LOT BLOCK SUBDIVISION FILING
E.APPLTCATION FEE 9100.00 PAID___;_ CHECK #DATE
F. MATERIALS TO BE SUBMITTED:
1' Tw.o mylar copies, and^one paper copy of the subdivision plat shall be submiltedto rhe Departmenr of community oev-eropmertt. The prat srratiincruoe a site. map with the following requiremenls:
a' The finar prat shail be.drawn by a registered surveyor in India ink, orother substanlrl,rl].r-T",. rn l ru.pl+rgibte medium (preterabty mytar)with dimens.ion.of twenty-four oy irrirty-six inches ano lrrail be at a scaleof one hundred reet to one incrr or raiger with margins oion" ,no on"-harf to two inches on the reft and one-half inch on itt otner sioes.
b' Accurate dimensions to the nearesl one-hundredth of a fool for all lines,angres and curves used ro describe boundarres, srreers, serbacks,alleys, easemenrs, structures, aroas to be reserved or docricated forpublic or common uses and other important features. All curves shall becircular arcs and shall be defined by the radius, central angle, arcscored distances.and bearing. Ari dimensions, bolh rinear and angurar,aro to be determined by an accurare conrror survey in the field whTchmust barance and crose withrn a rimit of one in len rhousand.
c. North arrow and graphic scalo.
d. A systematic idenlification of ail existing and proposed buildings, units,lols, blocks, and names for all streets