HomeMy WebLinkAboutPEC130022 - Hong Kong - Wall Street Building PEC memo with attachemnts 0812130) TOWN OF VAIL'
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: August 12, 2013
SUBJECT: A request for the review of a variance from Section 12- 7B -15, Site Coverage, Vail
Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code, to allow for
the construction of an addition in excess of the prescribed site coverage, located
at 227 Wall Street, Lot C, Block 5C, Vail Village Filing 1, and setting forth details
in regard thereto (PEC130022).
Applicants: Gorsuch Ranch Family Partnership, LLP, in association with Wall
Street Commercial, LLC, represented by Suman Architects
Planner: Joe Batcheller
I. SUMMARY
The applicant, Gorsuch Ranch Family Partnership, LLP, in association with Wall Street
Commercial, LLC, represented by Suman Architects, is requesting the review of a
variance from Section 12- 713-15, Site Coverage, Vail Town Code, pursuant to Chapter
12 -17, Variances, Vail Town Code, for the construction of a commercial addition at 227
Wall Street, facilitating an agreed upon encroachment of the Wall Street Building onto
the property of the property of the Hong Kong Building.
Based upon Staff's review of the criteria outlined in Section VII of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends approval of the proposed site coverage variance subject to the findings
noted in Section VIII of this memorandum.
Staff recommends approval on the site coverage variance, considering the fact that the
proposal is not a demo /rebuild and is an addition to an existing structure. Proposals to
demo /rebuild are expected to comply with the applied zoning. Approval of a variance
does not establish the allowable site coverage when a demo /rebuild is proposed.
II. DESCRIPTION OF REQUEST
The applicant, Gorsuch Ranch Family Partnership, LLP, in association with Wall Street
Commercial, LLC, represented by Suman Architects, is requesting the review of:
• A site coverage variance to expand the footprint of the Wall Street Building by 28
square feet onto the property of the Hong Kong Building, resulting in an increase
in site coverage from 92.3% (1,489 square feet) to 94.1% (1,517 square feet)
(80% permitted). The area on top of the commercial expansion would become
the deck for the residential unit above.
The proposed site coverage expansion occurs in the space between the Hong Kong
Building and the Wall Street Building. The proposal is to increase the commercial floor
level south beyond the shared property line.
A vicinity map (Attachment A), the applicant's written request (Attachments B), the
proposed site plan (Attachment C), and an easement agreement between the property
owners (Attachment D) are attached for review.
III. BACKGROUND
The Hong Kong Building
The subject property was a part of the original Town of Vail which became effective by
the election of August 23, 1966, and the court order of August 26, 1966. The Hong
Kong Building as it exists today was built in 1986 and remodeled in 1999.
On March 10, 1986, the Planning and Environmental Commission approved a Major
Exterior Alteration to the Hong Kong Building, essentially facilitating a new free-
standing, two -story building with a patio adjacent to the south fagade, and an enclosed
alley to the north. The Hong Kong Building was approved for 1,489 square feet of site
coverage, which exceeded the maximum site coverage allowed for Commercial Core 1
(80 %) by 200 square feet. Information about the property prior to this improvement is
unavailable.
On April 13, 1998, the Planning and Environmental Commission approved plans for an
additional floor, a re- oriented entrance, the removal of the patio adjacent to the south
fagade, and other minor exterior alterations. With this approval, the Hong Kong Building
changed uses from a bar and restaurant to a retail, ski storage, and ski rental operation.
The Wall Street Buildi
The existing Wall Street Building was completed in 1968 prior to zoning in Vail. The
property was subsequently zoned Commercial Core I District, which rendered the
structure legally non - conforming in regards to site coverage. In 1980, the property
became subject to the Vail Village Design Considerations of the Vail Village Master
Plan.
On September 10, 1990, the Planning and Environmental Commission approved a
major exterior alteration to increase the American Ski Exchange commercial space by
Town of Vail Page 2
96 square feet. This approval facilitated the reconfiguration of the entry and a bay
window.
On December 16, 1991, the Planning and Environmental Commission approved a major
exterior alteration to increase the Rightfit Sports (currently Jewels of the West)
commercial space by 10 square feet and a second floor office space by 5 square feet.
On April 12, 1993, the Planning and Environmental Commission approved a major
exterior alteration to add 35 square feet of commercial floor area to the American Ski
Exchange tenant space.
On April 10, 2000, the Planning and Environmental Commission approved a Conditional
Use Permit to eliminate a dwelling unit through the combination of Units 301 and 303.
The result was a decrease in the number of dwelling units on the site from 9 to 8. No
exterior alterations were proposed or approved at that time.
On June 24, 2002, the Planning and Environmental Commission approved a major
exterior alteration and height variance request for the consolidation of Units 301 and
303 resulting in the addition of two dormers on the west elevation.
On March 11 and 25, 2013, the Planning and Environmental Commission tabled a site
coverage variance request and a proposal for major exterior alterations.
On April 8, 2013, the Planning and Environmental Commission held a public hearing on
a proposal to increase site coverage and make major exterior alterations to the Wall
Street Building. It was tabled after discussion. The Commission identified a need for a
site plan which shows the buildings on the east side of Wall Street to establish context,
an increase in the landscaping on the west elevation of the Wall Street Building, a
change to the first floor commercial infill at the northeast corner to open up site lines into
Wall Street, and the need for a pedestrian easement.
On May 13, 2013, the Planning and Environmental Commission approved the proposed
increase in site coverage and major exterior alterations. Ownership of the Wall Street
Building was granted a variance to increase site coverage and to make major exterior
alterations to its property, pending approval by the Design Review Board.
IV. APPLICABLE PLANNING DOCUMENTS
Staff believes that the following provisions of the Vail Town Code are relevant to the
review of this proposal:
TITLE 12: ZONING REGULATIONS
Article 12 -713 Commercial Core 1 (CC1) District (in part)
12 -713-1: PURPOSE:
Town of Vail Page 3
The commercial core 1 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 core 1
district is intended to ensure adequate light, air, open space, and other amenities
appropriate to the permitted types of buildings and uses. The zoning regulations in
accordance with the Vail Village urban design guide plan and design considerations
prescribe site development standards that are intended to ensure the maintenance and
preservation of the tightly clustered arrangements of buildings fronting on
pedestrianways and public greenways, and to ensure continuation of the building scale
and architectural qualities that distinguish the village.
Chapter 12 -17, Variances (in part)
12 -17 -1: PURPOSE:
A. Reasons For Seeking Variance: In order to prevent or to lessen such practical
difficulties and unnecessary physical hardships inconsistent with the objectives of
this title as would result from strict or literal interpretation and enforcement,
variances from certain regulations may be granted. A practical difficulty or
unnecessary physical hardship may result from the size, shape, or dimensions of a
site or the location of existing structures thereon; from topographic or physical
conditions on the site or in the immediate vicinity, or from other physical limitations,
street locations or conditions in the immediate vicinity. Cost or inconvenience to the
applicant of strict or literal compliance with a regulation shall not be a reason for
granting a variance.
VAIL LAND USE PLAN
CHAPTER II — LAND USE PLAN GOALS / POLICIES:
The goals articulated here reflect the desires of the citizenry as expressed through the
series of public meetings that were held throughout the project. A set of initial goals
were developed which were then substantially revised after different types of opinions
were brought out in the second meeting. The goal statements were developed to reflect
a general consensus once the public had had the opportunity to reflect on the concepts
and ideas initially presented. The goal statements were then revised through the review
process with the Task Force, the Planning and Environmental Commission and Town
Council and now represent policy guidelines in the review process for new development
proposals. These goal statements should be used in conjunction with the adopted Land
Use Plan map, in the evaluation of any development proposal.
The goal statements which are reflected in the design of the proposed Plan are as
follows:
1. General Growth/ Development
Town of Vail Page 4
1. 1. Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve both
the visitor and the permanent resident.
1.3. The quality of development should be maintained and upgraded whenever
possible.
1.4. The original theme of the old Village Core should be carried into new
development in the Village Core through continued implementation of the
Urban Design Guide Plan.
1.12. Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
4. Village Core/ Lionshead
4.2. Increased density in the Core areas is acceptable so long as the existing
character of each area is preserved through implementation of the Urban
Design Guide Plan and the Vail Village Master Plan.
4.3. The ambiance of the Village is important to the identity of Vail and should
be preserved. (Scale, alpine character, small town feeling, mountains, natural
settings, intimate size, cosmopolitan feeling, environmental quality.)
VAIL VILLAGE MASTER PLAN
Vail Village Master Plan
VAIL VILLAGE DESIGN CONSIDERATIONS
Vail Village Design Considerations
V. SITE ANALYSIS
Address:
Legal Description:
Zoning:
Land Use Plan Designation
Current Land Use:
Lot Size:
Geological Hazards:
Town of Vail
227 Wall Street
Lot C, Block 5C, Vail Village Filing 1
Commercial Core I (CC1)
Village Master Plan
Mixed Use
1,612 sf (0.037 acre)
None
Page 5
Standard Allowed /Required
Existing
Proposed
Lot Area 5,000 sf
1,612 sf
no change
Setback:
West per VVDG*
-1 ft
no change
East per VVDG
0 ft
no change
North per VVDG
-0.7 ft
0 feet
South per VVDG
-0.5 ft
no change
Site Coverage 1,289 sf
1,489 sf
1,517 sf
80%
92.3%
94.1%
Landscaping no net loss softscape
101 sf
no change
(6.2 %)
*Vail Village Design Plan
VI. SURROUNDING LAND USES AND ZONING
Land Use
Zoning
North: Mixed Use (Wall Street Building)
Commercial
Core I
South: Founders Plaza
No zoning
East: Mixed Use (Plaza Lodge)
Commercial
Core I
West: Mixed Use (Lodge at Vail)
Commercial
Core I
VII. REVIEW CRITERIA
The review criteria for a variance request of this nature are prescribed by Chapter 12-
17, Variances, Vail Town Code, as follows:
1. The relationship of the requested variance to other existing or potential uses
and structures in the vicinity.
The existing Hong Kong Building currently exceeds the allowable site coverage for the
Commercial Core I district. The proposed increase in site coverage would occur on the
north side of the Hong Kong Building up to the shared property line with the Wall Street
Building. This area varies between 6 inches to one foot wide. The space is currently
fenced off from view and receives little sunlight. A site coverage variance has been
granted for the Wall Street Building in association with this project, adding 228 square
feet to that property. This proposal seeks to capture the remaining 28 square between
the Hong Kong Building and the Wall Street Building for use by the adjacent Wall Street
Building commercial space. This space would otherwise be unusable.
The expansion of the Wall Street Building's commercial first floor beyond the property
line will essentially create a zero lot line development for both the Hong Kong Building
Town of Vail Page 6
and the Wall Street Building. This arrangement would create a unique situation where
one building would exist on two parcels. The existing property line will remain. Owners
of both properties have signed an easement agreement (Attachment D) to assign
maintenance and financial responsibilities. A preliminary meeting between the owners'
representative and the building official occurred on July 25, to discuss this matter in
order to determine if this proposal complies with 2012 International Building Code,
which it does. A benefit of zero lot line construction in this instance is that an
unaesthetic space between the buildings which receives little daylight will be eliminated
and become functional commercial space.
Staff has consistently reviewed site coverage variances in the Vail Village in close
concert with any proposed changes in landscaping. This proposal will not impact the
landscaping of the Hong Kong Building or the Wall Street Building.
Staff does not believe the proposal to expand the ground level of the Wall Street
Building to the south across the property line, in a space which is visually unattractive
and underutilized, will have any negative effect on the potential uses and structures in
the vicinity. Therefore, staff finds that the proposed site coverage variance will not be
detrimental to the existing or potential uses and structures in the vicinity.
2. The degree to which relief from the strict and literal interpretation and
enforcement of a specified regulation is necessary to achieve compatibility and
uniformity of treatment among sites in the vicinity or to attain the objectives of
this title without a grant of special privilege.
The Planning and Environmental Commission has held that variances for existing
buildings may be appropriate based upon each specific set of circumstances. Projects
which are demo /rebuild are not typically afforded variances. An expectation of
compliance is expected for demo /rebuild projects with regard to the applied zone
district.
The Hong Kong Building is zoned Commercial Core I —a zone district where many
existing structures have been granted variances to exceed the allowable 80% site
coverage. Variances have been approved for the Red Lion Building (83.6 %), Vista Bahn
Building (85 %), and the Slifer Building (97.5 %). An SDD was approved for the Bridge
Street Lodge (Golden Peak House) to allow site coverage of 94 %. The Clock Tower
Building (Gorsuch) has site coverage of 87 %. This proposal would increase the Hong
Kong Building's site coverage by 1.8 %, for a total of 94.1% site coverage. Staff finds
that the proposed variance will not constitute a grant of special privilege.
The space proposed for commercial expansion does not serve as a public space,
pedestrian circulation, or landscaping. The space receives little sunlight and is visually
detracting from the village streetscape and architecture. The space is unique
occurrence in the Vail Village, not typical of most properties in the Commercial Core I
district. This proposal would close a gap in the street wall and increase commercial floor
area —both positive outcomes that are in accordance governing documents.
Town of Vail Page 7
For these reasons, staff finds that this proposal will provide the minimum relief from the
strict and literal interpretation and enforcement of site coverage regulations necessary
to achieve compatibility and uniformity among sites in the vicinity and within Commercial
Core I. Furthermore, approval of this site coverage variance will grant flexibility in the
implementation of the Town's regulations while adhering to the stated purposes of the
Commercial Core I district, the Vail Land Use Plan, and the Vail Village Master Plan.
3. The effect of the requested variance on light and air, distribution of population,
transportation and traffic facilities, public facilities and utilities, and public safety.
The space proposed for first floor commercial expansion is currently fenced off from
view. The space is located approximately 40 feet below the roof forms of the Hong Kong
Building and the Wall Street Building. The space receives little sunlight and is shaded
for the entirety of the day and year. Staff finds that the proposed site coverage variance
will have no negative effect on the adjacent properties, light and air, distribution of
population, transportation and traffic utilities, public facilities and utilities, or public safety
in comparison to existing conditions.
4. Such other factors and criteria as the Commission deems applicable to the
proposed variance.
VIII. RECOMMENDATION
The Community Development Department recommends approval of this request for a
variance from Section 12- 713-15, Site Coverage, Vail Town Code, pursuant to Chapter
12 -17, Variances, Vail Town Code, to allow for the construction of additions in excess of
the prescribed site coverage, located at 227 Wall Street/ Lot C, Block 5C, Vail Village
Filing 1, and setting forth details in regard thereto and setting forth details in regard
thereto. Staff's recommendation is based upon the criteria outlined in Section VII of this
memorandum and the evidence and testimony presented.
Should the Planning and Environmental Commission choose to approve this variance
request, the Community Development Department recommends the Commission pass
the following motion:
"The Planning and Environmental Commission approves the applicant's request
for a variance from Section 12- 7B -15, Site Coverage, Vail Town Code, pursuant
to Chapter 12 -17, Variances, Vail Town Code, to allow for the construction of
additions in excess of the prescribed site coverage, located at 227 Wall Street/
Lot C, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto
(PEC 130022)."
Should the Planning and Environmental Commission choose to approve this variance
request, the Community Development Department recommends the Commission
makes the following findings:
Town of Vail Page 8
"Based upon the review of the criteria outlined in Section VII of the Staff
memorandums to the Planning and Environmental Commission dated August 12,
2013, and the evidence and testimony presented, the Planning and
Environmental Commission finds:
1. The granting of this variance will not constitute a granting of special privilege
inconsistent with the limitations on other properties classified in the Commercial
Core 1 District because the space is unique occurrence in the Vail Village, not
typical of most properties in the Commercial Core I district.
2. The granting of this variance will not be detrimental to the public health, safety,
or welfare, or materially injurious to properties or improvements in the vicinity
because of the isolated nature of the proposed space.
3. This variance is warranted for the following reasons:
a. The strict literal interpretation or enforcement of the specified regulation
would result in practical difficulty or unnecessary physical hardship
inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town
Code, as listed in Section VIl (2).
b. There are exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance that does not apply generally to
other properties in the Commercial Core 1 District, as listed in Section Vll.
c. The strict interpretation or enforcement of the specified regulation would
deprive the applicant of privileges enjoyed by the owners of other
properties in the Commercial Core I District, as listed in Section Vll (2). "
IX. ATTACHMENTS
A. Vicinity Map
B. Applicant's request for the variance
C. Proposed site plan
D. Easement agreement
Town of Vail Page 9
Vail Village Filing 1, Block 5 -C, Lot C
Hong Kong Building
(227 Wall Street)
Attachment A Back to Page 1
Subject Property
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0 75 150 Last Modified: March 6, 2013
A
SUMAN
ARCHITECTS
May 21, 2013
Hong Kong Cafe Building
Variance Application for Site Coverage Variance
RE: Section 12- 78 -15, Site Coverage, Vail Town Code
A. Description of Variance Requested
Attachment B
As a part of exterior upgrades being proposed to the neighboring Wall Street Building, the abandoned
area north of the Hong Kong Cafe building is proposed to be enclosed as new commercial area. The
enclosure would convert a critical yet unutilized section of the Vail Village retail fabric from a dead
space into a contributing commercial space. In order to transform the area in focus, a site coverage
variance is required. The requested variance is an additional 28SF of site coverage. This enclosure is an
important part of significant improvements to a historic structure in the heart of Vail Village.
Below is a detailed breakdown of the existing conditions:
Zonina Statistics
Lot size: 1,612 sq. ft. (0.037 acres)
Zoning: Commercial Core I (CC 1)
Development Standard Allowed /Required Existina Proposed
Affected Setback:
North
Site Coverage:
Landscape Area:
0 ft.
1,289 sq. ft
Total Proposed Additional Site Coverage
B. Analysis of Proposal
.5 ft. 0 ft.
1,489 sq. ft. 1517 sq. ft.
(Increase of 28 sq. ft.)
101 sq. ft. No Change
28 sq. ft.
Goals of the proposed adjacent Wall Street building renovation are two -fold: one, improve and
expand the retail experience along Wall Street and two, improve the material quality, aesthetics, and
hierarchy of the architecture for the Wall Street building.
michael @sumanarchitects.com
141 East Meadow Drive, Suite 211
Vail, CO 81657
o 970.479.7502
m 970.471.6122
SUMAN
ARCHITECTS
Currently, the "alley" space is an eye sore with run down gate /fences on both ends. It is dark, unused
and has become a debris collector. The basement stair that resides in the space has not functioned for
years.
The Vail Village Urban Design Guide plan encourages spaces in the village core to provide interest and
vibrancy for the pedestrian experience. Some key excerpts from the Guide Plan that resonate with this
application are:
• Infill commercial storefronts expansion of existing buildings, or new infill development to
create new commercial activity generators to give street life and visual interest, as
attractions at key locations along pedestrian routes.
• Facade improvements. Eyesores removed, increased facade transparency, entries
simplified and oriented to intersection.
This forgotten area of property clearly does not support the intent of the Guide Plan. There is no other
space like it in the Village core and therefore, is an exceptional circumstance in its zone district
category.
Storefront infill at this alley enclosure will unify the east fagade of the Wall Street and Hong Kong Cafe
buildings, providing increased transparency for high quality retail space along Wall Street. The details
of this small extension will be tied to the design of the Wall Street building renovation.
See Appendix A for current photos of the "alley" space between the Hong Kong Cafe building and
Wall Street building.
C. Approval Criteria
1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity.
By enclosing the proposed area, the variance will allow the retail frontage to flow along Wall
Street. The current gate with lock and sign create an eye sore and impediment to the
unification of the retail facade. Granting the variance will reinforce the CC 1 zoning intent by
ensuring "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" and is therefore not inconsistent
with the limitations on other properties classified in CC 1.
2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation
is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain
the objectives of this title without grant of special privilege.
Relief from the strict and literal enforcement is necessary to allow this particular area of the
property to achieve compatibility with the character of the surrounding context. The space
should have been retail from the beginning and as retail, will better follow the intent of the
Urban Design Guide Plan.
3. The effect of the requested variance on light and air, distribution of population, transportation and traffic
facilities, public facilities and utilities, and public safety.
michael @sumanarchitects.com
141 East Meadow Drive, Suite 211 o 970.479.7502
Vail, CO 81657 m 970.471.6122
SUMAN
A R C H I T E C T S
The proposed variance will afford a better environment as enclosed space rather than the dark
forgotten space that currently exists.
There is no impact on facilities, utilities, or public safety due to the current locked gate along
the east end and the fence along the west end preventing access.
Back to Page 1
michael @sumanarchitects.com
141 East Meadow Drive, Suite 211 o 970.479.7502
Vail, CO 81657 m 970.471.6122
SUMAN
ARCHITECTS
APPENDIX A
PHOTO 1 - Northeast corner of Hong Kong Cafe building and adjacent alley way with gate.
michael @sumanarchitects.com
141 East Meadow Drive, Suite 211 o 970.479.7502
Vail, CO 81657 m 970.471.6122
SUMAN
ARCHITECTS
PHOTO 2 - East gate of proposed enclosure area.
michael @sumanarchitects.com
141 East Meadow Drive, Suite 211 o 970.479.7502
Vail, CO 81657 m 970.471.6122
SUMAN
A R C H I T E C T S
PHOTO 3 - West fence of proposed enclosure area.
SUMAN
ARCHITECTS
June 12, 2013
Hong Kong Building Site Coverage Variance and Exterior Alteration
Lot 1, Block 5 -C, Vail Village First Filling
227 Wall Street, Vail, CO 81657
Adjacent Properties List:
WEST
Name: Lodge Condominium Association
Zoning: CC 1
Owner: c/o Charley Viola
Address: 176 East Gore Creek Drive
Vail, CO 81657
Name: The Lodge and Resort
Zoning: CC1
Owner: Lodge Properties, Inc c/o Fixed Assets Dept.
Address: 390 Interlaken Crescent, Ste 1000
Broomfield, CO 80021
SOUTH
Name:
Town of Vail
Zoning:
CC1
Owner:
Town of Vail
Address:
75 South Frontage Road West
Vail, CO 81657
EAST
Name: Bridge Street Building
Zoning: cc]
Owner: c/o Brandess Cadmus Real Estate
Address: 281 Bridge Street
Vail, CO 81657
Name:
Plaza Lodge
Zoning:
CC1
Owner:
Plaza Lodge Condo Association
Address:
291 Bridge Street
Vail, CO 81657
Name:
Wall Street
Zoning:
CC 1
Owner:
Town of Vail
Address:
75 South Frontage Road West
Vail, CO 81657
michael@sumanarchitects.com
141 East Meadow Drive, Suite 211 o 970.479.7502
Vail, CO 81657 m 970.471.6122
SUMAN
A R C H I T E C T S
NORTH
Name: Wall Street Building Condominium Association
Zoning: CC 1
Owner: c/o Brandess Cadmus Real Estate
Address: 281 Bridge Street
Vail, CO 81657
Back to Page 1
michael@sumanarchitects.com
141 East Meadow Drive, Suite 211 o 970.479.7502
Vail, CO 81657 m 970.471.6122
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WHEN RECORDED MAIL TO: Attachment D
Jonathan Boord
Wall Street Retail, LLC
141 E. Meadow Drive, Suite 211
Vail, Colorado 81657
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT ( "Agreement ") is entered into as of May , 2013
by and between the GORSUCH RANCH FAMILY PARTNERSHIP, LLC, a Colorado
limited liability limited partnership ( "Grantor "), and WALL STREET RETAIL, LLC, a
Colorado limited liability company ( "Grantee ").
RECITALS
A. Grantor is the current owner of that certain real property located in the County of
Eagle, State of Colorado, as more particularly described in Exhibit "A" attached hereto
and incorporated herein by this reference (the "Burdened Property").
B. Grantee has requested a permanent exclusive easement in, on, over, across and
through those certain and limited portions of the Burdened Property described and
depicted on Exhibit `B" attached hereto and incorporated herein by this reference (the
"Easement Area ") for the Easement Improvements and Easement Uses (as those terms
are defined in Section 1 below and as depicted on Exhibit "C ").
C. Grantor is willing to grant such easement upon the terms and conditions set forth
below.
D. Grantor or any subsequent owner of the Burdened Property is hereafter referred to as
the "Burdened Owner ", and Grantee and its successors and assigns are hereafter referred
to as the `Benefitted Owner".
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereby agree as follows:
AGREEMENT
1. Grant of Easement. Grantor hereby grants to Grantee a perpetuai easement in, on, over,
under, across and through the Easement Area for the purposes of placing, constructing,
reconstructing, removing, replacing, repairing, maintaining, operating and using those
certain improvements on those certain plans prepared by Michael Suman Architect, LLC,
dated May 7, 2013, Project No. 1208 (such improvements being referred to in this
Agreement as the "Easement Improvements "). The foregoing purposes are collectively
referred to herein as the "Easement Uses."
2. Term. This Agreement shall continue in full force and effect from the date of
recordation of this Agreement in perpetuity, unless this Agreement is amended, modified
or terminated by an agreement executed, acknowledged and recorded by the Burdened
Owner and Benefitted Owner.
3. Construction, Maintenance and Repairs. All expenses and costs for the construction of
the Easement Improvements shall be borne by the Benefitted Owner. The Benefitted
Owner shall periodically inspect, maintain, repair, reconstruct, and replace the Easement
Improvements to insure the safe, lawful and reasonable operation of such Easement
Improvements. All costs and expenses for such inspection, maintenance, repair,
reconstruction, and replacement of the Easement Improvements shall be borne solely by
the Benefitted Owner. The Benefitted Owner shall give the Burdened Owner at least
fourteen (14) days prior written notice of any placement, construction, reconstruction,
removal, replacement, inspection, repair, or maintenance of the Easement Improvements
or on the Easement Area except in the event of a bona fide emergency, in which event
whatever notice is reasonable under the circumstances shall be given. Any placement,
construction, reconstruction, removal, replacement, inspection, repair, or maintenance of
the Easement Improvements or on the Easement Area by the Benefitted Owner shall be
performed in a manner which, to the extent reasonable under the then existing
circumstances, minimizes disruption to the Burdened Property and Burdened Owner's
operations on the Burdened Property. In connection with the easement, Grantee agrees to
not cause or suffer any physical contact with any building on the Burdened Property and
agrees to repair any damage to the Burdened Property occurring from Grantee's
construction, operation or maintenance of the Easement Improvements.
4. Damage to Easement Area or Burdened Property. If the Benefitted Owner should
damage or destroy any portion of the Easement Area or Burdened Property, the
Benefitted Owner shall, at the election of the Burdened Owner, either (a) repair,
reconstruct or replace such damaged or destroyed portion of the Easement Area or
Burdened Property (at the Benefitted Owner's sole cost and expense) or (b) reimburse
such party upon demand for all reasonable costs and expenses actually incurred by such
party in repairing. reconstructing or replacing such damaged portion of the Easement
Area or Burdened Property, as applicable.
5. Covenants
5.1 Mechanic's Liens and Removal of Liens. The Benefitted Owner shall keep the
Easement Area and Burdened Property free and clear of all design professional's
mechanic's or materialmen's liens which may arise out of any placement, construction,
reconstruction, removal, replacement, inspection, repair of maintenance on the Easement
Area or of the Easement Improvements or out of the Easement Uses or any other
activities or work on the Easement Area or Easement Improvements. To the extent any
such liens are recorded against the Burdened Property or any part thereof, the Benefitted
Owner shall cause such lien to be released and removed within fifteen (15) days of
knowledge or being served notice of such filin €, and/or recording, either by satisfaction or
by the posting of a release bond in the amount required by statute.
5.2 Insurance. At all times during the term of this Agreement the Benefitted Owner shall
carry and maintain or cause its licensed general contractor to carry and maintain in full
force and effect, at its sole cost and expense, liability insurance in excess of
$ I,000,000.00. The Benefitted Owner retains the option to change its self - insured
retention at any time. The Benefitted Owner agrees to name the Burdened Owner as
additional insured under its liability program up to a limit of $1,000,000 per occurrence.
The Benefitted Owner shall provide that the Burdened Owner will receive thirty (30)
days written notice from the insurer prior to cancellation of coverage.
5.3 Indemnification. The Benefitted Owner agrees to indemnify, defend and hold the
Burdened Owner and its respective officers, directors, shareholders, partners, members,
managers, affiliates, employees, representatives, agents, invitees, mortgagees, successors
and assigns harmless from and against any and all claims, actions, causes of action,
demands, damages, costs, liabilities, losses, judgments, expenses or costs of any kind or
nature whatsoever (including, without limitation, attorney's fees) by reason of property
damage, death or injury to persons arising from or relating to the indemnifying party's
placement, construction, reconstruction, removal, replacement. inspection, repair, or
maintenance of the Easement Improvements or on the Fasement Area.
6. Notices. Any notice, consent, approval or request for consent required or permitted to
be given under this Agreement shall be given in writing and shall be effective (a) if
personally delivered, upon delivery or refusal to accept such delivery; or (b) if mailed,
three (3) days after mailing, by United States registered or certified mail, postage pre-
paid, return receipt requested, to the applicable address set forth below:
If to Grantor:
Gorsuch Ranch Family Partnership, LLLP
263 E. Gore Creek Dry ve
Vail, CO 8I658
If to Grantee.
Wall Street Retail, LLC
c/o Jon Boord
14I E. Meadow Drive, Suite 211
Vail, CO 81657
The foregoing address and addressees may be changed by giving notice of such change in
the manner provided for in this Section 6.
7. Binding Effect and Governing Law, This Agreement and all covenants and restrictions
contained herein shall, to the fullest extent permitted by law and equity and without
regard to technical classifications or designations, be deemed to be covenants running
with the land of the Burdened Property, and shall be binding upon and inure to the benefit
of the parties hereto and their respective successors and assigns. This Agreement shall be
governed and construed in accordance with the laws of the State of Colorado.
8. Entire Agreement. This Agreement, including the recitals and Exhibits "A" and `B"
attached hereto, all of which are incorporated herein by this reference, constitutes the
entire agreement between the parties with respect to the grant of easement hereunder.
9. Amendments. Subject to Section 7 above, this Agreement may be amended, modified
or supplemented only by a written document executed by all of the parties hereto (or their
successors and assigns).
10. Mortgagee Protection. No violation or breach of the terms and conditions of this
Agreement shall affect or impair the liens or security rights of the holder of a Mortgage
(as hereafter defined) given in good faith and for value which is now or in the future
recorded against the Burdened Property; provided, however, that any such mortgagee
shall be obligated to comply with any nondisturbance, recognition, attornment or similar
agreement that it executes. With respect to any Mortgage recorded against the Burdened
Property subsequent to the recording of this Agreement such mortgagee or any purchaser
at a foreclosure sale resulting from such mortgage or other party taking title to the
Burdened Property shall take subject to this Agreement and the terms and conditions set
forth herein. The term "Mortgage" shall mean any recorded mortgage or deed of trust
encumbering the Burdened Property.
11. No Third Party Beneficiaries. This Agreement is only for the benefit of the parties
hereto and their successors and assigns as set forth in Section 7 above. Except as set forth
in Section 5.3, no other person or entity or property shall be entitle to rely hereon, receive
any benefit herefrom or enforce any provision hereof against any party hereto (or their
respective successors assigns).
I2. Counterparts. This Agreement may be executed in counterparts, each of which shall
be deemed an original, but all of which together shall constitute one and the same
instrument.
In Witness Whereof, the parties have executed this Easement Agreement as of the date
first above written.
[Signature Page Immediately Follows]
Back to Page 1
GORSUCH RANCH FAMILY PARTNERSHIP, LLC
a Colorado limited liability company
STATE OF COLORADO
COUNTY OF EAGLE
Before me personally appeared VINy to G 312-$u c}A who executed the foregoing
instrument for and on behalf of the Gorsuch Ranch Family Partnership, LLC.
WITNESS my hand and official seal in the State and County aforesaid, this ZZ "`
day of M A"- , 2013. My commission expires on PPIZI L z-% ZC*
ASHLYN J CURTIS
Notary Public
State of Colorado
NctaryID 20134024866 otary P is
(SE L Cr m �ssion Expires Apr 29, 2017
WALL STREET TAIL, LLC
STATE OF COLORADO
COUNTY OF EAGLE
Before me personally appeared Kt'0SE4- who executed the
foregoing instrument for and on behalf of Wall Street Retail, LLC.
WITNESS my hand and official seal in the State and County aforesaid, this 2Z '"A
day of April, 2013. My commission expires on )9ey n -LOO" ZD 1"T
ASHLYN J CURT S
Notary Public
State of Colorado
Nutdry .D 20`34024866
(SI:: y Commission Exp res Apr 29.2017
EXHIBIT "A"
To Easement Agreement
LEGAL DESCRIPTION OF THE BURDENED PROPERTY
A PART OF LOT C, BLOCK 5 -C, VAIL VILLAGE, FIRST FILING, COUNTY OF EAGLE,
STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 5, BEING ON A CURVE
TO THE LEFT HAVING A RADIUS OF 582.79 FEET, A CENTRAL ANGLE OF 08
DEGREES 30 MINUTES 06 SECONDS, AN ARC DISTANCE OF 86.48 FEET; THENCE S.
10 DEGREES 30 MINUTES 16 SECONDS E., 134.00 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG THIS AFORESAID COURSE 36.00 FEET;
THENCE N. 79 DEGREES 29 MINUTES 44 SECONDS E., 44.00 FEET; THENCE N. 10
DEGREES 30 MINUTES 16 SECONDS W., 42 00 FEET; THENCE S 79 DEGREES 29
MINUTES 44 SECONDS W., 4.00 FEET; THENCE S. 10 DEGREES 30 MINUTES 16
SECONDS E., 6.00 FEET; THENCE S. 79 DEGREES 29 MINUTES 44 SECONDS W.,
40.00 FEET TO THE TRUE POINT OF BEGINNING,
EXHIBIT `B"
To Easement Agreement
LEGAL DESCRIPTION OF THE EASEMENT AREA
That part of a Special Warranty Deed recorded at reception No. 200817444 in the office
of the Eagle County, Colorado, Clerk and Recorder, described as follows:
Beginning at the northwest corner of said Special Warranty Deed also being the
southwest corner of Lazier- Arcade Condominiums according to the Condominium Map
thereof recorded I/25/1968 in Book 2I2 at Page 94 in the office of the Eagle County,
Colorado, Clerk and Recorder; thence the following three courses along the said Special
Warranty Deed line: 1) N79 129'44 "E 40.00 feet; 2) N I0 °30' I 6 "W 6.00 feet; 3)
N79 029'44 "E 0.42 feet; thence departing said line S10 °40`41 "E 7.37 feet to the
intersection with the northerly wall line of existing building; thence the following three
courses along said building line: (I) S79 043'52 "W 12.55 feet; (2) N12 027'29 "W 0.81
feet; (3) S79 °33'10W 27.86 feet to the intersection with the west line of said Special
Warranty Deed; thence NI0030'I6 "W 0.50 feet to the Point of Beginning, containing
34.0 square feet, more or less.
AND
The Northernmost exterior wall of the improvements located on the Special
Warranty Deed up to and including a height on said exterior wall that is 16 feet from
the ground.
EXHIBIT "C"
To Easement Agreement
IRREVOCABLE EASEMENT DESCRIPTION
(see attached)
IRREVOCABLE EASEMENT DESCRIPTION
That part of a Special Warranty Deed recorded at Reception No. 200817444 in the
office of the Eagle, County, Colorado, Clerk and Recorder, described as follows:
Beginning at the •northwest comer of sold' Special Warranty Deed also being the
southwe:at comer of Lazier — Arcade Condominiums according to the Condominium Map
thereof recorded 1/25/1968 in Book 212 at Page 94 in the office of the Eagle County,
Colorado, Clerk and Recorder, thence the following three courses along the sold Special
Warranty Deed line: 1) N79 °29'44 "E 40.00 feet; 2) N10'30'16 "W 6.00 feet;
3) N7929'44 "E 0.42 fee' thence departing said line S10'40'41 "E 7.37 feet to the
intersection with the northerly wall line of existing building; thence the following three
courses don said build'ng Iln& (1) S7943'52 "W 12.55 feet, (2) N12'27'29 "W
0.81 feet; (31 S79'33'10 "W 27.86 feet to the intersection with he west line of Bald
Special Warranty Deed; thence N10'30'16 "W 0.50 feet to the Po-nt of Beginning,
contolning 34:0 square feet, more or lose.
W P.L.S. 30`6 7r
i 3 0116 LOTS b & c
y:
BLOCK 5 —C
VAIL VILLAGE
FIRST FILING
LAZIER— ARCADE
CONDOMINIUM BUILDING
(6212 P94) N 79'29'44'
0.42'
BUILDING
OUTLINE
N 10'30'' 6" W S 10'40'41 "
6,00' 7.37'
LOT 1
EASEMENT 4000' A RESUBDIVISION
;9.29,44" . OF LOT a & PART
27.87' OF LOT c.
g 79'33 S 79'43'52" W BLOCK 5 —C
N 10'30'16 W N 12'27'29" W 12.55' VAIL VILLAGE
0.50' 081, FIRST FILING
(R° =C. NO. 199794)
BUILDING
LODGE OUTLINE
SUBDIVISION
VAIL VILLAGE SPECIAL WARRANTY DEED
FIRST FILING (Rf.0 NO. 200817444)
(KC. No. 872234)
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DATE: 1/24/13 MLT JOB No. 1739