Loading...
HomeMy WebLinkAboutPEC070039 �la�n�ng a�n�d En�►irc�nm�nta�� Commissr�n � A�TI+�N F+�RM � � i3�par�tment trf �Cc�rr�m�nity t3€�velopment ����/y� $�'��"A � 75 Scruth Fr�ntag� Raad, Vail, Cafcrrad� 81657 �� �f tei: 97{1.479.2139 fax; 9�'�Q,479.2�5� �.a,x,�r�ir��v��cws�E>ar uveb: w+�rw.v�[Pg�v,carn Project Name: RUCK SACK MAJ EXT ALT PEC Number: PEC070039 Project Description: FINAL APPROVAL FOR A MAJOR EXTERIOR ALTERATION FOR THE RUCK SACK REMODEL UNITS C-1, G2 AND C-3 Participants: OWNER ROSENQUIST,RICHARD N. - BROW06/12/2007 - SELBY, CHARLES 385 CLAYTON ST DENVER CO 80206-4228 APPLICANT BAILEY& PETERSON 06/12/2007 Phone: 970-476-0092 108 S. FRONTAGE RD STE 208 VAIL CO 81657 License: C000002169 Project Address: 288 BRIDGE ST VAIL Location: RUCK SACK BUILDING Legal Description: Lot: D Bfock: 5A Subdivision: Vail Village Filing 1 Parcel Number: 2101-082-4400-3 Comments: BOARD/STAFF ACTION Motion By: Kjesbo Action: APPROVED Second By: Viele Vote: 6-0-0 Date of Approval: 08/27/2007 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 300 PEC approval shall not be not become valid for 20 days following the date of approval. Cond: 113 All development applications submitted to the Town after the effective date of Ordinance 26, Series 2006 shall be subject to the pending employee housing regulations in whatever form they are finally adopted; provided, however, that if the Town fails to adopt the pending employee housing regulations by April 15, 2007, this Ordinance shall not apply to such development applications. Cond: CONOOU5�82 The Applicant shall be required to provide a building code and fire code analysis with any submital for building permit. Cond: CON0009283 The Applicant shall address any and all issues related to trash storage and access located on teh North side of the Bridge Street Building in conjunction with any application for Design Review. Cond: CON0009284 The Applicant shall resolve all issues regarding drainage from the existing and proposed building on to adjacent properties; the provision of gutters, downspouts and other drainage methods may be required as revisions to building permit set of drawings with any building permit application. Cond: CON0009285 The Applicant shall ensure that all new materials, sizes, textures, detailing and colors blend or compliment those materials not being replaced and athat any portions of the building in need of repair and/or replacement are included in the scope of this project in conjunction with any application for Design Review. Cond: CON0009286 The Applicant shall submit an application for Design Review for any and all new exterior signage for the property; a sign program pursuant to Section 11-8-2, Vail Town Code, will be required. Cond: CON0009287 The Applicant shall resolve, to the satisfaction o fthe Town of Vail Chief Building Official and/or Fire Marshal, any and all issues related to egress from a public exit at the rear of the building prior to any submittal for building permit. Cond: CON0009288 The Applicant shall be required to submit a detailed lighting plan, showing all existing light fixtures to be removed, as well as all new fixture locations, fixture types and lumens/output; such plan should be accompanied by cut sheets for each proposed fixture in conjunction with any Design Review application. Planner: Scot Hunn PEC Fee Paid: $800.00 ***********************************+**+++**********************++***+********************++* TOWN OF VAIL, COLORADOCopy Reprinted on 06-12-2013 at 12:16:52 06/12/2013 Statement *****************************************************************************�************** Statement Number: R070000939 Amount: $800. 00 06/12/200709:08 AM Payment Method: Check Init: JS Notation: 7388/BAILEY & PETERSON ----------------------------------------------------------------------------- Permit No: PEC070039 Type: PEC - Major Exterior Alt Parcel No: 2101-082-4400-3 2101-082-9500-1 2101-082-9500-2 2101-082-9500-3 2101-082-9500-4 2101-082-9500-5 2101-082-9500-6 Site Address: 288 BRIDGE ST VAIL Location: ROCKSACK BUILDING Total Fees: $800. 00 This Payment: $800.00 Total ALL Pmts: $800.00 Balance: $0.00 ***********************************+************************�**************�*�************** ACCOUNT ITEM LIST: Account Code Description Current Pmts -------------------- ------------------------------ ------------ PV 00100003112500 PEC APPLICATION FEES 800. 00 ----------------------------------------------------------------------------- Confiirmation Report — Memory Send Pase : 001 Date & Time: Sep-04-07 02:41pm Line 1 : 970479245Z • E-mail . Machine ID : TOWN OF VAIL COMMUNITY DEVELOPMENT Job number . 714 Date . Sep-04 02:39pm To : �94764901 Number of pages . 003 Start time . Sep-04 02:39pm End time . Sep-04 02:41pm Pages sent . 003 Status . OK Job number : T14 *** SEND SUCCESSFUL *** � " TflWN OF YAIL � � � 75 South Fronta�e Road � Vail, CO 81657 970-A�79-213 S ' FAX 970-479-2452 � COMNIUNYTY DEYELOPN�NT FAK T12ANSMTI'TAI. SSEET TO� �"1 L-� ��^r7G-� COI�IPANY NAMEc �tzcr��-r_-.�i ��r?�'r—- FA.X TELEPHONE NU` N�FIL- �I�Co - �G C�l � FROM' C'—cr�r -�-\ � � DATE:���0�-- 'TIl�'IL- #OF PAGES 1N DOCUMENT(NOT INCLUDrNG COV�R S13�ET) _ -----�-- - ------ �� ------------ ----�-------� R'�SPONSE REQUZiiLrD7 SFNr BY TOwN OF VAII. CO DTVELOPMFNr FAX# �o-a�a��s2 TO'�N OF VAII. COIVIIVIC]NITY DEVELOPNIi?:NT TELEPHONE�# 9�o-s�9-a�as SPECIAL CO1VQVg'iN'rS AND NO'I'ES: i -��t,� � �-rt���l-�r-' � �i--1�/'i�'�u r-s� --c}��c-- .�c_-:Y�'� �- ��-�`I,^�� L� �6�vL\�� ' Cv�rLL- �-�� Gv_�� �+ �c� E:E YERYpNE�P ORMS Vr ax�Shis[ � � T�OwNOF YAI� ` Department of Community Development 75 South Frontage Road [/ail, Colorado 81 G57 970-479-2138 FAX 970-479-2452 www.vailgov.com August 31, 2007 Jay Peterson 108 S. Frontage Rd., Ste. 208 Vail, CO. 81657 RE: Bridge Street Building— Final PEC Final Approval File No. PEC07-0039 Jay, Please let this letter serve as notice of the recent approval of the above referenced application for a Major Exterior Alteration. Specifically, at their regularly scheduled meeting of August 27, 2007, the Town of Vail Planning and Environmental Commission approved File No. PEC07-0039 with the following conditions: 1. The Applicant shall resolve, to the satisfaction of the Town of Vail Chief Building Official and/or Fire Marshal, any and all issues related to egress from a public exit at the rear of the building prior to any submittal for building permit. 2. The Applicant shall be required to provide a building code and fire code analysis with any submittal for building permit, 3. The Applicant shall address any and all issues related to trash storage and access located on the North side of the Bridge Street Building (a.k.a. The Rucksack Building) in conjunction with any Design Review application. 4. The Applicant shall resolve all issues regarding drainage from the existing and proposed building on to adjacent properties; the provision of gutters, downspouts and other drainage methods may be required as revisions to building permit set of drawings with any building permit application. 5. The Applicant shall ensure that all new materials, sizes, textures, detailing and colors blend or compliment those materials not being replaced and that any portions of the building in need of repair and/or replacement are included in the scope of this project in conjunction with any Design Review application. 6. The Applicant shall submit a Design Review application for any and all new exterior signage for the property; a sign program pursuant to Section 11-8-2, Vail Town Code will be required. ��• RECYCLED PAPER Mi� 7. The Applicant shall be required to submit a detailed and final lighting plan, . showing all existing light fixtures to be removed, as well as all new fixture locations, fixture types and lumens/output; such plan should be accompanied by cut sheets for each proposed fixture in conjunction with any Design Review application. It has been my pleasure working with you and Bill Pierce during the review of this file. Please do not hesitate to contact me at (970) 477-3551 or shunn(c�vailqov.com with any further questions regarding this matter or require assistance upon building permit submittaL Regards, Cc: Bill Pierce -,. File No: PEC07-0039 Scot Hunn Senior Planner Town of Vail Community Development Department 2 Confiirmation Report — Memory Send Page : 001 Date & Time: Aug-31-07 04:20pm Line 1 : 9704792452 E-mail . �achine ID : TOWN OF VAIL COMMUNITY DEVELOPMENT Job number . 698 Date . Au8-31 04:18pm To : �94764901 Number of pages . 003 Start time . Aug-31 04:18pm End time . Aue-31 04:20pm Pages sent . 003 Status . OK Job number : 698 *** SEND SUCCESSFUL *** .� . �owAr o�v� '" � � 75 South Froutage Road Vail, Co 51657 ' 970-4'79-213 8 - . FAX 970-479-�,452 _ COMMUNITY DEVELOPMENT FAX T7.2ANSN�ITTAI. SI�EET TO- �t L� ���z.:�_ COMPANY NAIVIF: �-rz�rzl_�-.�t ?��2c�— � FAX TELEPHONE NUMSTR: �I�-!m - �jG[�l FROM- C�-�"�-r- `��--�.- � DATE- ���1 ICS--�- "r'TM"�- #OF PAGES Il�T DOCUNIFiNT(NOT II�TCLLJD7NG COVER 3F:[EE'T� --- ------� �-- - - -��----------- '-- -.. .-- -- - - -.�—�----- �� RLSPONSE REQI.TIRTi.D? SENT BY TOwN OF VAII. COMMUNITY DEVELOPMENT FAX ti 970�i79-2462 TOWN OF VAIL COMMUNITY DEVELOPMTiN�TELEPHOI�TE# 970-479-2138 SPECIe�I�COr�FNTS AND NOTES: i 1 �-T�_--r�e.-. .� .�i f1 r'.�\.C_L-L__ G�-li_ �-'�-�� ��.+�1 c��'-- v' -- . ` F:E V ERYON 6�FOKMS�FaxShoa[ � � Appiication for Review by the ���,� Planning and Environmental Commission T(��( ]� �,_. 1/4�'t1�O� �IAIL i Department of Community Development D 75 South Frontage Road, Vail, Colorado 81657 � te1: 970.479.2139 fax: 970.479.2452 web: www.ci.vail.co.us � Generai Information: /� All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a (� building permit application. Please refer to the submittal requirements for the particular approval that is requested. [ ,� An application for Planning and Environmental Commission review cannot be accepted until all required information r�� is received by the Community Development Department. The project may also need to be reviewed by the Town � Council and/or the Design Review Board. Type of Application and Fee: ❑ Rezoning $1300 ❑ Conditional Use Permit $650 ❑ Major Subdivision $1500 ❑ Floodplain Modification $400 ❑ Minor Subdivision $650 ❑ Minor Exterior Alteration $650 O Exemption Plat $650 C9�Major Exterior Alteration $800 ❑ Minor Amendment to an SDD $1000 ❑ Development Plan $1500 ❑ New Special Development District $6000 ❑ Amendment to a Development Plan $250 ❑ Major Amendment to an SDD $6000 ❑ Zoning Code Amendment $1300 ❑ Major Amendment to an SDD $1250 ❑ Variance $500 (no exte�iormodifications) ❑ Sign Variance $200 Description of the Req st: � . _ . Location of the Proposal: Lot:_�Block: � Subdivision:�"`�"� _ Physical Address: � �''(� � �� �G"`� �` �� .�— Parcel No.: �Q ,�I�p,�_ (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Zoning: � �d ' ( � !v 1 � 8.?.. '[y ��� � 0�� � J Name(s) of Owner(s): Qn,� N Mailing Address: 1 c P one• � � Owner(s) Signature(s): - Name of Applicant: Mai ing Addr s � Phon • � c E-mail Address: �� � � '�.�( � l�l'-Q� Fax � _J �a ^ �,�_�T_ C . For Office sE-Qnly: �� � � � Fee Paid: ��L� Check No.: � By: �` �^' � � � Application Date: " • PEC No.: "' Planner: ___Project No.: age o - .,,..�.......�.�-�--1 � � � � �`-'n �=� 1';`,`�, D ; JUL 16 z�0� � A � +"���� � �OINT PROPERTY OWNER TpWN O� VAIL WRITTEN APPROVAL LETTER �� o� �h���Lo�vM���v�n �'Soc-r�4-��.J I, (Mrint name) � `1 ,a joint owner of Nro'erty located at z�s8� 1�C1-�n6� 5 i��_1 , provide this letter as written approval of the plans dated ��1.��J�, 2�� which have been t submitted to the Town of Vail Community Development Department for the proposed improvements to be completed at the address noted above. I understand that the proposed improvements include: 5� Pt�,,��.�-�l�� n�� ��l�r� z0 d� _.___ ���.�- ( a ( ate) Additionally,please check the statement below which is most applicable tio you: �I understand that mino�modifications may be made to the p/ans over the course of the re�iew p to ensure mmp/ianc�e with the Town's app/icable cUdes and regu/ations itia ere) - O I request that a//modifications, minor or othenvise, which are made to the p/ans ove�the course of the review process,be brought to my attention by the app/icant fo�additiona/approva/before undergoing further�eview by the Town. (Initial here) joint properry owner lette�revrsed 10/18/2006 Er F:\cdev\FORMS\Pertnits\Planning\PEC1maj_ext aIt10-18-2006.doc Page 2 of 7 1/4/06 � f� �� � I'� . � JUL 16 2001 � 11�'a'��j"�' r �OINT PROPERTY OWNER TOWN O� �/qIL WRITTEN APPROVAL LETTER �ff' o� �h��.+�c.Ks�Ae�-Lo�vr1„✓�u+rt �'Sdc-r,4-��n� I, (print name) ��'���1 �_ S�<S`I or1 �a joint owner of properly located at Z�s 8� 1�(Lr t�G� 5►�(L�.I , provide this letter as written approval of the plans dated ��y� Z�� which have been f submitted to the Town of Vail Community Development Department for the proposed improvements to be compieted at the address noted above. I understand that the proposed improvements include: S� P1���-��� X�.� �'w l�i� ��� �vl� � � � �- ( a ( ate) r Additionaliy,please chedc the statement below which is most applicable to you: �I understand that mino�modfficaUons may be made to the p/ans over the course of the review p to ensure mmp/ianae with the Town s app/icab/e codes and regulations itia ere) - O I�equest that a//modificaUons, minor or otherwise, which are made to the p/ans ove�the course of the re�iew process,be brought to my attention by the app/icant for additiona/approva/before undergoing furthe�re�iew by the Town. (Initial here) joint property owner[etter revrsed 10/18/2006 Er F:\cdev\FORMS\PertnitslPlanning\PECMa�ext aIt10-18-2006.doc Page 2 of 7 1/4/06 ************************�******************************�*******��*************************** TOWN OF VAIL, COLORADO Statement ****************************************************************�x*************************** Statement Number: R070000939 Amount: $800.00 06/12/200709:08 AM Payment Method: Check Init: JS Notation: 7388/BAILEY & PETERSON ----------------------------------------------------------------------------- Permit No: PEC070039 Type: PEC - Major Exterior Alt Parcel No: 2101-082-4400-3 Site Address: 288 BRIDGE ST VAIL Location: RUCK SACK BUILDING Total Fees: $800.00 This Payment: $800.00 Total ALL Pmts: $800.00 Balance: $0.00 ****************************:x******************+********�*********************************** ACCOUNT ITEM LIST: Account Code Description Current Pmts -------------------- ------------------------------ ------------ PV 00100003112500 PEC APPLICATION FEES 800.00 ----------------------------------------------------------------------------- iI _ ' ''Y 1 , � .. . ' ' • , . , 1 ! �' ' . . .. . . , �^..� 1 / i ' I . . ,.���u11"��� � � � . . I (Attached to and made a p8zt of �ohdo �� for the gucksack Condo '�'n�� neclarations i ._ . miniums) ' ;�;� . ' LEGAL DESCR28TZON PARCEL ONE: ' �- , That part of �ots � • I recorded p7at therc and d, B7ock 5-A, YAI� VILLAGE line of eof. described as fol7ows; � FIRST FILING, blest said Lot .c whence the Northeast cornerBesinnin a��ording to the • . of Lot�ds�thence S�ence Sg�th p°p��p�w .Fast �f Saidg�.ot a Aoiht on the �a y outh 72 4g�3Q�� West ' 3Q•41 feet c bears North p pgtp�� feet to the Southwest corner of sa9d Lot�d�9 the South Iine of safdheast corner • StreeL; thence on an angle to the ri9ht of 92°59' ��t a r waY 1 ne, a7on ' oR the East right-of-wa � 112.08 of pg�39�44u g a curve to the ri 2Q" and alon y �74e of 6ridgQ Lot �; � an arc distance of 4ht having a radius 9 said East right-of- thence North 7�o�q�76�� 32•23 feet.�o a °f �9�•�7 feet, a central feet; theoce Nortb 73 �ast, 27,Z� feet• �°�nt °n the !J sterl an97e feet; thence North 73ojq�?b,� Fast. 46.73 feet.' t ence South 1g�q5'44� Ti�� °t safd feet: thence �ast, 25,34 fQet.' thence-South ?b 45'q4�� East, 7.OD North 89°3�'22" East. 13.76 feet�ta hthee NDrth a ' " Westt�t3.68 PARCEL TIdO; � 24 38 . point of begjnning; A petAetua7 easement over . Point on the �aster7 the reaT propert bears North p pg����y 1��e,of said Lot d whencect�bed as foliows; 7RUE POJNT OF West, 5.25 feet• he N rtheast �0'�encing at a rJorth �6oqg, B�GIPINING: thence cootin�hn�Ce South a3��q�16„ corner ot safd lot d 2�°45'44" 44 41est. 4.1p feet• 14']6 West, ]4.30 Peet to the West 9 South 73 " West �� � � 4•�5 feet; thenceihence 5ooth 73014'�6" West ' 2�'34 feet: 44 kest, .),75 feet; thence North 73�th 73 14��6�� Fast ' 29•6� feet• t�ence East, 10.53 feet to the 7RUE pplhT �q��b'� ' 31•8D feet; thencetNe�ce Nooth� ance of ar,d the restoratian of improvements wh ch extend� a $�'th 16 45 OF BEGIANING ' z7'�S feet; thence South Q 2q�3g�� over Parcel 7wo and which ' for the continuance of aAAurtenant to the i {�mProvements verhang aad arehlocatede�- Parcel One; ��'oYements ]ocated � are a part of, are associated with and are on the adjoining t-eaI property referre�i to �s PARCEL THREE: A perpetual easement over, across and That part of Tract G on the real p7at thereof, describ���ock 5-q, yqj� yJL�qGE Property described 7ra�t G, whence the Horthwest�corRer of S ' FIF7N FIIING as f���oWS: � ginning at a point on the�Westgl;�etof sa'd��Ed feet; thence Sauth 16�q5� �� aid T to the West l;�e 44 East. 25.00 ra�t � bears North 4ap9'00" line of of said 7ract Feet; thence South 730 � „ West, 69.02 said 7ract G to � �� then�e North OoOg�p��� 1-4 36 West, 7,4b 't and the restoration ot � p��nt of be i West, Zs,.pg feet alon feet 'hich mprovements g nni�g' for the continuance of 9 the.�dest (improvernents} are a part pf IOCated on mP►'ovements ]ocated � are associated WVer and across Paree2hTh ee�ar�aance on the adjoi�n�r� ith and are a g real property referred P��rtenant to the to as ?arcel One; � �j . ' i , . ' , � � , , • ; .. . , . / EXf�IB2T A . �� . � . . ' �, : Continue8-page 2 � �a PARCEL FOUR: ' ••,. That parcel of land shown on the recorded plet of Vail Vi1]age, First Filing as being located between lots d and c, Block 5-A.Vail Uillage, First Filing according to the recorded plat thereof. whith parcel is described as follows: Beginning at the Southwest corner of said Lot d; thence Horth 72�48'30" East, alang the South line of said Lot d, 112.48 feet to the Southeast corner of said tiot d;"• thence South 0°09'00" East. 5.20 feet; thence Sguth 23°42'OQ" East, 5.04 feet to the Northeast corner of said Lot e; thence 9outh 72 43'02" West along the North line of said Lot e, 111.39 feet to thg Northwest corner of satd Lot e on the East right-ot-way line of Bridge Str�et; thence Northerly along said East right-of-aay line on an angle . to the right of 89 59'53" and along.a curve to the right having a.radius af 191.07 feet. a central angle of 2�59'55". .an arc distance of 10.00 feet to the point of beginning. 1 I PARCEL FIVE � A perpetua7 non-exclusive easement for the continuance of. maintenance of aod the , i restoration of the balcony overhang improvement projecting from Parcel Dne herein i over that part of Lot e, Block 5-A, VAIL VItLAGE. F]R57 F1lING, acCOrding to Lhe , recorded plat thereof, described as follows: Commenc�ng at the Northeast corner of ; safd Lot e; thence South 72°46'02" West along the Northerly line of said Lot e. � 38.33 feet to the TRUE POINT OF BEGIHNING: thence continuing along said Narther7y '{ot line on the said course, Z9.Q0 feet; thence South 17°11'30" East. 7.00 foot; thence North 72°4B'02" East. 19.00 feet; thence North 17°11'30" West. a distance of 1.00 foot to the True Point of Beginning. • � � , , � � Parcel Numbers C-1 210108244003 C-2 210108244004 C-3 210108244005 American Land Title Association Commitment- 1982 TITLE INSURANCE COMMITMENT BY �st�w�.rt�. - .title guaranty company Order Number: 7038708 We agree to issue policy to you according to the terms of the Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this CommiCment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Coinmihnent have not been met within six months after the Commitment Date,our obligation under this Commitment will end. Also,om�obligation under this Commitment will end when the Policy is issued and then our obligation to you wi]1 be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-I. The Exceptions in Schedule B-II. The Conditions on Page 2. This Cotrunitment is not valid without SCHEDIILE A and Sections I and II of SCHEDULE B. THIS COMMITMENT IS NOT AN ABSTRACT,EXAMINATION,REPORT OR REPRESENTATION OF FACT OR TITLE AND DOES NOT CREATE AND SHALL NOT BE THE BASIS OF ANY CLAIM FOR NEGLIGENCE, NEGLIGENT MISREPRESENTATION OR OTI-IER TORT CLAIM OR ACTION. THE SOLE LIABILITY OF COMPANY AND ITS TITLE INSURANCE AGENT SHALL ARISE LTNDER AND BE GOVERNED BY PARAGRAPH 4 OF TkIE CONDITIONS. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorizecl officers on the date shov�n�in Schedule A. stewart � --- -rtitlF guaranty company , �^" S`�`�w„� � . ( ��i.. .r. '�£ �//Z.� . �i'/Y�./ I r� 3�:.-o�no� `''i� Chnirsan oF r.he Board i 3'�`rL ��'i^.< ��% �* ���� PraviAOrtt ' 190$ 4 } ••rfJ(1.'+•� r Countersigned: ,..---'_"'"'.,- / Authorize Cout �ersignature Stewart Tide of Colorldo-Vail Division 97 Main St.,Suite W�01 Edwards.CO 8]632 Order Number: 7038708 Pa e I of 2 Commitment—235 W/O Disclosure COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: April l 2, 2007 at 8:00 a.m. Order No.: 7038708 2. Policy or Policies To Be Issued: Amount of Insurance (a)A.L.T.A.Owner's (Extended) $4,200,OOO.UO Proposed Insured: JEFFREY B. SELBY (b)A.L.T.A.Loan 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the Fee Simple estate or interest in said land is at the effective date hereof vested in: CHARLES H. ROSENQUIST, RICHARD N. BROWN and JEFFREY B. SELBY 5. The land referred to in this Commitment is described as follows: Condominium Units G 1, C-2 and C-3, RUCKSACK CONDOMINNMS, According to the Condominium Map recorded April 27, 1978 in Book 269 at Page 447 as Reception. No. 165833 and as defined and described in the Condominium Declaration recorded April 27, 1978 in Book 269 at Page 448 as Reception No. 165834 and First Amendment recorded June 14, 1978 in Book 271 at Page 125 as Reception No. 167521. COUNTY OF EAGLE STATE OF COLORADO. Purported Address: STAT'EMENT OF CHARGES 288 Bridge Street Unit Cl-C3 These charges are due and payable Vail, Colorado 8165� befare a Policy can be issued: PREMIUMS: DEVELOPER RATE Mortgage: $2,494.00 Tax Cert: 20.00 Form 110.1 50.00 STEWART TITLE GUARAN'I'Y COMPANY Commitment—Schedule A Page 1 of 1 COMMITMENT FOR TITLE INSURANCE SCHEDULE B—Section 1 REQUIREMENTS Order Number: 7Q3$708 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the Eagle County Treasurer. 4. Execution of affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. 5. Evidence satisfactory to Stewart Title Guaranty Company that the real estate transfer tax assessed by the Town of Vail has been paid or that the transaction is exempt from said tax. 6. Payment of any and all Condominium assessments and expenses as required by the Condominium Declaration of Rucksack Condominiums and Certificate from Rucksack Condominium Association verifying that such payment has been received. 7. Deed from Charles H. Rosenquist and Richard N. Brown vesting fee simple title in Jeffrey B. Selby NOTE: NOTATION OF THE LEGAL ADDRESS OF THE GRANTEE MUST APPEAR ON THE DEED AS PER 1976 AMENDM�NT TO STATUTE ON RECORDING OF DEEDS CRS 38-35-109 (2). STEWART TITLE Order Number: 7038708 GUARANTY COMPANY Commitmen[—Schedule B I Page i of 1 COMMITMENT FOR TITLE INSURANCE SCHEDULE B—Section 2 EXCEPTIONS Order Number: 7038708 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any facts, which a correct survey and inspection of the premises would disclose, and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by laws and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims, reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 7. Any and all unpaid taxes and assessments and unredeemed tax sales. 8. Reservations or exceptions contained in U.S. Patents, or in Acts authorizing the issuance thereof, recorded July 12, 1899 in Book 48 at Page 475 reserving 1)Rights of the proprietor of a vein or lode to extract and remove his ore therefrom and 2)rights of way for ditches and canals constructed under the authority of the United States. 9. Covenants, conditions and restrictions as contained in instrument recorded August 10, 1962 in Book 174 at Page 179. 10. Easements, restrictions and rights-of-ways as shown on the Plat of Vail Village First Filing. 11. Easement recorded August 10, 1967 in Book 211 at Page 24 as Reception No. 106357 and easement recorded August 10, 1967 in Book 211 at Page 25 as Reception No. 106358. 12. Agreement between A&D Enterprises Inc and Fitzhugh Scott Jr. and Ottie Kuehn, recorded August 10, 1967 in Book 211 at Page 26 as Reception No. 106359. 13. Condominium Declaration for The Rucksack Condominiuins recorded April 27, 1978 in Book 269 at STEWART TITLE Order Number: 703A708 GUARANTY COMPANY Commitment—Schedule B 2 Page I of 2 Page 448 as Reception No. 165834, and First Amendment to Condominium Declaration recorded June 14, 1978 in Book 271 at Page 125 as Reception No. 167521. 14. Easements, restrictions and rights-of-ways as shown on the Condorninium Map of Rucksack Condominiums. 15. Agreement and Grant of Temporary Easement Regarding Streetscape Utility And Snowmelt Improvements by and between the Town of Vail, Colorado and the Rucksack Condominium Association recorded July 26, 2005 as Reception No. 923881. 16. Any and all existing leases and tenancies. NOTE: EXCEPTIONS 1 AND 4 ABOVE WILL BE DELETED ON THE FINAL OWNERS POLICY, PROVIDED BOTH SELLER(S) AND PURCHASER(S)EXECUTE THE HEREIN REQUIRED AFFIDAVITS AND SAID AFFIDAVITS ARE APPROVED BY THE COMPANY. EXCEPTIONS 2 AND 3 WII.L BE DELETED ON THE FIlVAL OWNERS POLICY. EXCEPTION 5 WILL NOT APPEAR ON THE OWNERS POLICY, AND GAP PROTECTION WII,L BE GRANTED PROVIDED THAT STEWART TITLE OF EAGLE COUNTY PERFORMS CLOSING, DISBURSEMENTS AND RECORDING OF ALL DOCUMENTS. SEE DISCLOSURES STEWART TITLE Order Number: 7038708 GUARANTY COMPANY Commitment—Schedule B 2 Page 2 of 2 DISC� � - �: ��- �r �`'�-���nt eo C.R.S. 10-1 � � �-, � I-122 . _. , ..::; ,notice is hereby g1Vep that: A. THE SUBJECT REAL pROPERTY 1VIAy BE LOCAT B• A CERTIFICATE OF TAXES D ED IN A SPECIAL,TA��G DISTRICT; FROM THE COUIV�,y T�ASU ER OR�TI-�E C���ING JUR�SDICTION SHALI, C' �'�RMATION T�ASURER°S AUTHORIZED A E�D MAY BE OBT �G�D�G SPECIAL,DIS'�ICT S R E CORDER p R Z��C,�O M T H E BOA,RD OF COUNTy COMM S O p RSjES OF SUCH DISTRICTS ' �TZ'ASSESSOR , THE CO UN'I'Y CLERK AN� NOTE; Colorado Division of Insurance Regulations 3-5-1 p shall be responsible for all matters which appear of record prior to the time of r � �"agi'aph C of Article VII requires that "Every title entity entity conducts the closing and is responsible for recording or filing of]egal docu transaction which was closed."Provided that Stewart Title of Cc�lorado- Vail Divisicording whenever the title the insured transaction and is responsible for recording the legal documents from the transesulting from the on conducts the closing of number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. action, exception NOTE: Affirmative Mechanic's Lien Protection for the Owner may he available(typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued)upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifyitzg the Company against unfiled Mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E, If there has been con�tructian, improvements or major repairs undertaken on the property to be purchased, within s�x months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens v�'il? include: disc3ns�re of certaan construction information; financial information as to the seller, the builde; anc3/or the contractc�r; payment of the appropriate premium; fully executed Indemnity agreements satisfact�rv to the company; and, any additiona] requirements as may be necessary after an examination of the afaresaid information bv the Company. '�o coverage wii3 be given under an� circumstances for labor or material for which the insured has contracted for or agreed to pay. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN, UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. Stewait Tide of Colorado-Vail Prvision File Number: 7033708 Disclosures MINERAL DISCLO5URE Order No: 7038708 To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: (a) That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (b) That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE CONIMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. Stewart Title of Colorado-Vail Division File Number:7038708 Mineral Disclosure Rev.07/2001 Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document,which notifies you of the privacy policies and practices of Stewart Title Guaranty Company. We may collect nonpublic personal information about you from the following sources: � Information we receive from you, such as on applications or other forms. � Information about your transactions we secure from our files,or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers non affiliated companies that perform services on our behalf. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Some states give you the right to access and correct nonpublic personal information. You may contact us in writing at out Home Office,if your state law gives you this right. Revised 6/OS Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financia] institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document,which notifies you of the privacy policies and practices of Stewart Title of Colorado- Vail Division. We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other forms. � Information about your transactions we secure from our files,or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers non affiliated companies that perform services on our behalf. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR�1NY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Some states give you the right to access and correct nonpublic personal information. You may contact us in writing at out Home Office,if your state law gives you this right. Revised 6/OS CONDITIONS 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that give constructive notice of matters affecting your title—according to the state statutes where your land is located. 2. LATER DEFECTS The Exceptions in Schedule B — Section II may be arnended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B — Section I are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects,liens or encumbrances existing at Commitment Date are not shown in Schedule B,we may amend Schedule B to shown them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tel]us about it in writing. 4. LIMITATION OF LIABILITY Our only obligation is to issue to you the policy referred to in this Commitment when you have met its Requirements. If we have any liability to you for any ]oss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: Comply with the Requirements shown in Schedule B—Section I. or Eliminate with our written consent any Exceptions shown in Schedule B—Section II. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this Commitment and is subject to its terms. Order Number: 7038708 Pa e 2 of 2 Commitment—235 W/O Disclosure _• . . �`3 , _ � . .. �/�.r�.�r�� �,G/�a -? c�/y�� , , , � . /,coP. �1, • ' i ; ��: �CONDOMINIUM DECLARATION 1 � ,� FOR ' . . '��'"• THE RUCKSACK CO1�I�pMTNIUMS � , ' z ' � RECITALS . ,} ' ,� Jeffrey B, Selby, Charles H. Rosenqaist and Richard N, gxor,an ( Declarante'�) 8re �h� a�erg of the resl property situa�e in the County of EBA�e, State of Colorado, described in thE attached Exhibit A, which by reference is made a � part hereof. CondomDniumrpwnership Act�ofBColoradoa condominium p;o e�t character, duration C.the " �� � �aex the , righ[s. obligations andAlimitations affcondohe � minium ownership. Declarants have u property described in Exhibit A, whichcbuildin building on the separately deaignated uni.ts, A Condosainiy,m �consiats af five (5) � filed ahowing the location of said bui2ding on thewi2l be hereby made subj�ct Co this Dec2aratian, • Pxoperty which is Declarants do hereby establish a p�� for the ownership of real property eatates in fee simple cons�8ting at the air space con- tained in each of the apartment and cammex�i$Z �fts in the building and the co-ownership, bv the individual and separate ownezs thereof. as tenants in con�en� pt $11 of the remaining r�ai propertq. ; ZI . DECLARATION Declarants do hereby publish and dec2are that the followinR , terme, covanant6, coaditions, easemente, raetricrion�, urea tions Iimitationa and obligationa shall be da�med to rua y,drh the iaad, shall be a burden and a benefit to Declarants, their auccessors8a dar assigns and any person acquiring or owning an intereat in the real properry which is or becomes snbjett to this Declaration and improve- ments thereon, their grantees, succeseore. heire, QxeCUtora, admini. etratora, devisees or assigns. Z. Definitions. As used in this Declaration. unleas other- wise expreas y provi ed: within Ch��a� ��Unit" means an undivided air space unit contained Pertaieter walls, £ioors, ceilfn�s, windows and doors of a unit in a building conetructed on real propertq which is sub,ject to the provisione of this Declaration, atsd as shown aad described in a condominium map recorded fa the rsal property recorda of Eag1e County, Colorado� together with (i) alI fixturea and improvements therein; (ii) the inner decorated or finished aurfacea of such unit's i perimeter walls, floors aad ceilings; (iii) the doora and �rxridOWB of the unit; and (iv) tk�e interior noasupportiag walla withfn the unit. ' �� term do�ra not iacluda, however,ths us�dscoratsd or uaf�,t�io�ad f� i . + � iECENEp � . � t 2 0 i97'8 � ' ,:.,, . ' , , . .. , - . � ,. . , i . . '7 � _ + surfaces of the perimeter walls �! any utilieiea runnin t � floors or ceilings of a unit ++ one uniC, or any other �OUgh the unit which serve mare than � Zoaated within the unitgen��?tie��On elemenr o= � term �� „ ahall includehrheof � apartment uriit�� and co�ercial�unit." I J «) "Condominium �� f . undivided interest ia �he unft means a unit together with the � thereto and rhe right to exclusivecor�noneexclueive use op 1 li�ired coaQnon elemente associated therewith. Ppur�e�aat � � � ��� ���er" means any individual . S�iP. asaociatiot�, tru�t or other leg8� gnzft co��=ation, partner- ' legal eatftites, 'which is the record owner ofyan�uadividedtfee of simple intereat in aae or �Qre condominium units. • ' included �d� "GeneraZ ¢o�o�y eletaents" means (i) the 2and Condominium Declaration�pe�ty which at any tima is sabject to x}�IS beams {ii) the foundations � halls, coxrzaQrs�Plobbiesr stairs � c���s' Airders, 8uppstairwaYsllfire�escapes?centrances and exists of Che buildin mobiZe parking areas and storage space�sements', yards . equipmpnt and �8terials makin �iv� the iastsllations,auto- l��ht► gag. hot and cold wateg,up the c�entral services such as ditioning and inoinerating; heating, refrigeration and air coner� , pressors, ducts, an� in ��� the tanks, pumAS� motors, fans, com- existing for co�mon usQ;gana 8� al� apparatue and in�tallations normally in common use. �°i� 811 othez parts of the propexty �e)� "'Limited common elements" meana the part of the general common eZements assigned for the exclusive or noa-exclvsive use and enjoyment of the ownez or owners of cne or more, but less than all� condominium units. deelared to�be ���COTA�on expenses" means: (i) a11 expenses expressly �an expenses by this Declazation or by the by-lsvs of the Association; (if) all other expenaes o� adrainisterin�, servicing, conservin the eneral c g= managing� mainta�ning, xepafrinR or replacing $ o�mon elemeate� (�fi) insurance premiums for the insurance carr�ed under Paragraph 9 of'Article IZ hereaf; and {i�) 8]i1 expenses ' lawfully detezmiaed to be coaunets expsnsa� by the board of directors � of the Asaociation. �1) "Apartment co�on expenaea" ahall mean and include that portion of the co�ton expenses which ara designated by this Declaration or determined by Che Association Lo be px�ariZy for the uae and/or benefit of the apartment units and their reapective owners, tenanta, gueats and invitees, and wh�ch are to be � assessed against the apartment units• only and p8id only by tha owners of eaid apartment units. � (2) "Commercial co�on expenses" shall mean and designated8bypthia�Declar$tion or dete I �on expenses whicI� arQ Association to be primarily for the use atznd/orYbenefit I of the co�nercial units and their respective owners, � tenanta, gueats and invitees and which are to be assessed ' , a88ins� the con�percial Units oa2y �d paid only by the � : ownera of aQid co�ercfal uafta. . . , ; . � . ; � � I 1 -2- ; � _ _ _..._ . . . _ _.__..._ . . ._ . / � 1 � . . . .i . - , ' • � r , payment pf. �) "Fixst lienor" means . which i�s secured b thB holder of a promissor trust encumbQring;an interestYiri 8�rst �Ortgage or first deed ofnote inclade a deed of txust and " „ ,� condominium unit. "M�rtgage" shall ficiary of g deed ��of trust. �ortgag¢e shaiZ iriclude the bene- I �•,�` • � � � Inc. , a Colorado nonprofit�corporation Rucksack Condomini�$ � t . , � � containin �il "Buildin " $ means ane o£ the building fmprovements 8 condominium units located on real propert this Declaration� ana $11 ather impravemeats constructed on the property sub ect ta Y subject ta . such improvements:f Lh�s Aeclaratian, aad "buf2din s•' A means all of : shsll be known assThen�c�68�sCondomini�s th.ts Dec2ararion - ' rnents or Su�� ��Declaration" means this instrumear and aIl Ar.ier�d� 1 Eggle Countpplemeats thereto hereafter recorded ia t I y, Colorado. he records of I , � 2. Divieion o£ Real Pro ert .- , . � � Occu anc o on om nium ;ntn �states�' Use and ri ts. Ca) The resl propert Ci) two Iiving units numbexed �y fs �rebp initfally divided into , cial units numbered C-1 throu h 1 and R-2� �,na �� unit consists of sn a � C-3 �nclusive, � � �hr.ee commgr_ general co�uon elementsrament uniC, an undivided�itciteresttment fnterest fs set forth in �X�b�t�Bt �o snch apartment �n the exc2usiye or non=exclusive ri ht toattached hereto unit which • elements. Each c g u5e aad en o � and the " as shown °�ercial unit consists og S '� y Ii�fted cor�ott on the Condominium Mg cozmnercial unit .. the general co�npa elements appurtenant to such'commercial unit, � vndivided intezest in 8s set forth in 8xhibit B� and the excZusive or right to uae and en,joy limited common elemeats. non-exclusive conve ed �b� Each condominium uait shal2 be ineep$rable and ma TitleYto�aZcondominiumsunit maycbebheld ��ly �s a condominium unit,be of cancurrent ownerahip recognized �n individua2ly or in a • auch concurrent ownershi Colorado.. In case of anyfarm severally Iiable p� eACh co-owner st,811 be for performance and observance ofjallttheAducies and z'esponsibilities of an "owner" with respect to the condominium,tuiir in which he owns an interest. mort a e {°� �Y contract of sale, cfeed� lease, deed of trust, 8 8 , will or .other instrnment affecting a condoraini� unit may describe it by ita apartment or coaanercial unit number as ehowr� en the map,. gaZ�owed by the name of the condominium and . reference to this Declaration and to the m � ap. Cd) Declarant shali ` 1 of Eagle County, Colorado gzve written notice to the assesaor that each condominium uziit willhbemBeparBteiqi88aessedhandCtaxed, Ce) The apartment units shall be used and a occupied salely for dweZling or Iod in-. units may rent or lease the unite to othersPforB' O�erst�ent and may uae�thesa units for home occupat3ons whichedo not� e usee unreasonable d3sturbance to othere and which ar• perraitt a bq$ applicablo cod4a. allowed b �f� The commercial units shall be uaed for � Y the Town of Vail Zonis►g Or�nance� �en fn eff�,�ect�ose -3- ! �- ' � i � ' � ' . / . ,. , .. � such�wo ke value ' ' ' shall �f $n s`'�;k done or material f be done, and 8u be.at �h� expense of rhe o urnished. Al2 �'� tors, laborers �� oi''ner ahall be solel �er causin . ox materials to 1°aterislmen gpd Y responsib;e to contrac- ' hezein containedh18' unit or °th�r persone furniahing labor � throu h $�$lI �uthoriiel�=OVements therein. � , � � wit�or under any owner y °wner or anY Person�dealln elements or y unit ozh�r thari tt° �h8r e ' mechanic's 1.ien hat oF Stichhe ��neral common 8 � contra �r other Iien ar owner with any � char e� �and notice ia hereby.given umbrance whatever. On 8 atty lien or enet,anbxar�Ce o f � the right �nd the � �o�oa elemente or against an �Y kind a Posver �o ; done or materiais fuz.nished� to �er of any ownertstunicpfor w expresaly deniad.'� Y other o � ork � � �mer s unit is hereby � ' 8nY mech �b� I�� because of shall �ic s or othez Zien $nY act or omission of an o be filed agaiast the g or �� fflr the PByment of mo eyr' . any other osvner�s unit ox aneneral co�o� elemen=g o= $nY other owner. (whether y i�provements therein,.ar8gg8i�st enforceable as such °r nOC $uch lien or 8 ginst ( basis for such lien,ortordernBball�at a�t ox order is valfd or cause the same to be cancelled and dischargea�g8record or�bone �Y 8 suret hi8 °� cost and expense to such other�mp$ny re8sonabl ' �iZ�n awner or o�ez8y acceptable to the Association, ord S•thereof� and further shalltindemnifgy$ 8#ter unit owciers and the Asaociation ths d8te op , and ail casta harmle$8 f=o�nd save aZ1 the other reasoneb2e � expenses, claims, IogBea or and• against any aCtorney � fees reaultin d�ages. fncluding 6. Adminfstratioa anQ g t�Qre�rom. shall be admini8t�ere`d--and M$na ement. The Rvcksack Condominiums • articlea of inco �naged pursuant to this Declaration person contracti g°rot�on and the by-Zaws oP ., and each o Purchasa a condominium unitAfxou�iDeclarant the wner sha1Z also be a m Each ; remain a member until his contra�ber of. ta be an ow�er the As,sociation 8nd shali Each member shal� �S ter�zn8red or.until he of this Declazation and of the ��� 1 ceases of the pssoeiation. azticZes ofsrrictly wfth the provisfoas wi.th rules �a�h member shall be incorpozaG�pn and b er 8do , re.so.tutions and decisians of bound by and sha11 co�pZys , °= bY-Iaws.�n the manner set forth in the Associatfon dui rules, Failure of the member to �oe grticles of incorpor8taoh resolutzons or decisioas shall be�ly W�th such recover damages or to obtain provisions, able by the Association ori grounds for an action to injunctive zelieg� or both, maintain- case� by � 8ggri�ved beha2f of the other m$ avthorize the ��e�� In additipn� °�ers or, in a (a�to revoke a delinquentto�era$rrighthe the Association 8 prO�er elements, r Period of any delinquenc}•� �ondominiumbunit to be utilit g �O uge generai �o�,on e sus y service to a delinguent owcter'$ prtvileges; however, no 8uch�suspension,shalluSpe�d a member a firsT lienor. 's voting affect the right� of . � 7• Maintenance and . Re airs. Ca) Each condominium ' for maintenartce and repair of hisnit a improvementa and a11 utilit lines�it�er sha12 be respansib�e • an� $erVZri y and�EinQluding fixtnres and repair' orgir►uimprovzrigonoq.alterinrforminui�ent locatec3 therein 8nY act or work which impairs the $ hfB unxtuch maintenance o� building or �,hich iat�rf�r�o �th aA�Otural�o undne$o Q�a��do Y �aoam�at. -5- �t C� j , I� . ' . r � � .� � � - � . 1.. . ' '� ,� . ! � , . . common elementsby The generaT common elements {includinq the 1.imited rePaired•and replaced�byethe�Asscciationc�whichemaymhaveeaccess to ' any unit from time �ta tizue durin g ' �lrita;ned, a or at any time far the 9 reagonable hours far such . necessary to preveat d P��to af �king emerqen�, zepairs therein@8� ' •another unit or uri'its, The costseoferepazrin�n elementa or to unit resu2tinq �ro� entry therein for an g �y d�ge to a `, common expense of aI,l the ownere, y $�� puzPose shal2 be a entry results from the ne li �Ce However, if tlie need to make such auch owner shall reimburse the Associstion�foraallcthefc�st� of any owner, � zepairinq 8��h da�ge and shal3 be liable to the other owners for � all, additional losses or damages suffered, including reasonab2e . r attorney's fees. � (�l� Notwithstanding t.he foregiong, (i} each cor�domini�uu unit owner having� an interest in 13mited common elements ahall pay ' ; his proportionate" share of the costs and expensea of maintaining, . rep�iring and replacing any liinited common elements of which such owner has any �e �� Pay al2 Costs of repairin��nnta and (ii� each condominiwn pwner shall (includinq the limited co�onyel�age to t2ie qeneral common elements other than his own, resvlting from the�xntentional actaorineg2�gence ; of such owner. a �it ' . , ' .. s• Assessments for Comman E enses. . ' !a).' Except as set forth in paragraph 7(c) and @ b each owner shall pay his pro rata share of the coanmon e { } , , Such proration shall be made on the basis of the owner"s respective undivided in�erests in the eneral co ��Ses. common expense fs incurred,g �On elements on the date such empower it$ board o# directorehtob�ix� determ;neAe2e�iation shall �On�ZY and apecial assessments to be � �'Y and co2lect CQ�an expenses and to create a continpenc breservewtherefa=,�eet t.he bY-laws shall aiso establish the procedurea by which the assessments sha11 be made known to and paid by the owners: An action may b� brought by the Asaociatian to recover unpaid common expen8es from waivingetheilien .descri ednin�theefollowin �r S°ithout•foreclosing or g paragraph. . (b� �Y �ommon expense which the Board of Airectors of the Association determines in their sole and absolute disc etion to , be of greater benefit to one class of owners and �to a lesser �enefit to the other clasa of own@zs (i.e. npArtment wiit ownera vs. commercia2 unit ownera) shall be borne by, auch cZ�ases in such proportioae as the Board of pirectors may determine �rom time te time, The portion of any such commoa expen8e aZlocated to a ola$$ og own�r8 aa abdve provided shall be ehared by the owners withfn such claBS in accordance with their re2ative app�tenant undivided percantaqe interest in t�e general comzaoa elements. common 8 �C� '''iI sw°s assessed but unpaid gor the shaze of xpenses assessed to any condominium unit sha12 constitute a lien on such unit in favor of the Assoczation prior to aIl other liens and encumbrances, exce t: - assessments; and p ti') liens for taxes and special oP trust of recozd1encumbering suchnunitrst mortgage or first deed shall attach from the date when the unpaid assessmentashallsbeaome due and may be foreclosed by the Assec�ation in like manner as a mortgage on real praperty uppn the recor8ing of a notic� or claim thereof executed by the Association setting forth the amount of the ndaaadescript ohsof the condorninium �itr of the condominium uait, the owner ehall bs required to pay the coate�andnexpenaae�ofc��ch 8 procaedingr, .inaludfng reasottable attozney'a leas. Durfaq the period of forec2osux,e the owner of the condaminiv,p u�it subject to such action shall be required to pay a reasoaable rental to the ..6_ . -�___ . 1 � . . , . � � , , ' � , . I ' ' � � . + . � � ' . I � . . . r.�. . . . • . Association. The :Assaciatiion shall be entitle8 to purchase the � ' ' condominium unit 'at�the foreclosure sale, and to acquire, hold, lease, mortgage or convey the same. � i'� (d), No owner shall exempt himself from liability . for payment of his.share oE the common expenses either by waiver of the use or enjojiment of any of the qeneral common elements or !! by abandanment of his condominium unit. �� (ey In case of sale or other transfer of a condominium unit with respect to which swas aasessed for comraon expenses shall ,� � be unpaid,' the purchaser or other tzansferee of aa interest in sucln unit shall be jointly a»d �everally liable with the seller or ' ; . transferror thereof for auch unpaid assessments. (f) Upon written request of. aay owner, mortgagee, pro- : spective mortgagee, purchaser or other prospective txanafezee of a condominium unit, the Association shall issue a written statement setting forth ttie amount of the unpaid co�►on expenses, if any, { wi,th respect to such condominium unit, the amount�af the current monthly assessment, the date on which such assessment became or shall become due and the amount of any credit for prepaid expenses. Suc� state�ent. for which a reasonable fee may be charged. is binding ��on the Association in favor af ar►y person who may rely thereon in go03 fai.th. Unless a request for such staCement shall be couiplied with withirt fifteen days after receipt thereof, all unpaid coa�on exper.ses which became due�prior to the date of maki�ng such reqvest shall be subordinated to the lien or other interest of the person xequesting � such statement. (4) Any party i.n favor of whom a lien on a condominiuz unit has been created may but shall not ba required to pay aay unraid couanon expense with respect to sucY� unit, and upon such payment sL_h party shall have a lien on such condominium unit for the arnount s� paid of the same rank as the line theretofore existing. 9. Ynsuzance. . (a) �The Association shall, on behalf of the owners: {i) keep all buildings (iaclud�ng all of the �►t + , . ��*-�;Ai units and all fixtures therein, but noC includiay ' � furniture, furnishings or other personal property st�pplied or • installed by condominium unit owrrers)' insured against loss or damage by fire, with extended coverage (including insur��ce against loss or damage by .vandalism or malicious mischief), in appxoximately the amount o€ the maximum replacement val_e . thereof, without 8eduction far depreciatioa; . (if) provide and keep in force, for the protectio_ of the Association, its officers and directoxs� and sll the owners and first lienors,general �public liability and prope:ty damage insurance against claims £or bodily injury or death or � . progerty �damage occurring upon or in the �eneral conunon � elements, in limits of not less than $250,d00 in respect o: bodily injury or deatt� to any one person and not less than $1,000,000 for bodily i.njury or death to any aumber of persons arising out o£ one accident or disaster, and i.n limits of aot less than $1D,a00 for damage to property, and if highe= limits shail at any time be custotnary Co protect against possible tort liability, such high limits shall be carriec; an� � (iii). carry insurance in such amounts as the Asso- cieCion may consider necessary or advisable against such t::er insurable hazarde as may from time to time be cammonly inra:ed agafnst in the case of similar property in similar locatit�s elsewhere. (b) All insurance requized to be ,carried under this para graph shall b• carriod in gavor of the As�ociatio�, the ov�me:i units)g and�allnfirst�licnors8 as their�respectivecinterests�may�� ..�_ . � •..,...a..ce �,.:,�.i cu,.:. ,.,. :� _ clause in favor of.each £irst:lienor of a condominium�unit��which�si,all provide thaC the loss, if any�. thereunder sh�ll be a ' first Iienor, as, its interest may appear, sub'ect p Yable to svch � loss payment pro.vieions rin favor. of the Asaociationhhereinaftertset forth. Al2 policies of insurance against damage to any building' and fixtures shall provide that Zosses shall be a a wzth the.Asaocfation, as attorney-in-fact for thelownersBndTheJusted Associstion sha12 hoZd and apply the proceeds of such insurance as 'y set forth in this Declaration. Each insurance polfc shall that no caacellation thereof may be taaae by the insuiance earrier withouC hav�ng fi�st given 30 da $' Pzovide I the Association the pwsiers and all first lienors,�otice thereof to � policy shall also provide that in case of violation og�ninsurance , thereof by one ar more (but less than all) of the y prOVision j coverage of such policy shall be euspended or iny8��ated only as to' t the interest of, the owner or owners committing the violation and�.aot �' � 88 to the interest of any other owner, All policies of physical d�8e iasurance shall contain t,raivers of subrogation and of any , defense based on; co-ineuzanco. Du liCBte ori inals of all i ax physicai damage insurance and of ail renewals thereof, togethe;s i with proof of payment of premiums, sh812 be delivered to a12 first r lienors at least ten days prio= to expiratfon of the then curreat � poZicies, � , (�) The maximum replacement value of the buildings f (which shaJ.l indicate the maximum rep;��e��nt value of each condominium unit contained .therein), without deduction for depreciation, shall be determined by the Associatiqn fire insurance or any renewa). thereofrbto obtaining any policy of aPpraisals made'by competent, disinterested 8S °f one of more writ�en such appraieals shall be furnished Co each owneraanareachCfirs� of lienor of a condominium unit. �d) Each owner shall be responsible for all insurance covering loss or:damage to personal propertq in his condominium un_t and liability for injury, death or damage occurring i.nside hia apartment unit, , Any such p�licy shalZ contain waivers of subro- 8ation and shall be so writtea that the liability of the carriers issuing insurance obtained by the Asaociation ahall not be affected or diminished thereby. ' .�0- A ozntr�ent of Atto-nev i� r�ct. Each owner by his acceptanc,c o= the c3eed or other convEyance vasting in him an interest in a condominium unit does irrevoCably con- sti.tute ancl appoint {a) thce Association with i•ull potuer of substitutian as �his true aad lawful attorney in his r�amey . place �nd steac] {i) to deal with such. interest upon damage to or destzuction, obsolesoence, or condemnation of $ny building or real pi�oPerty as .hereii�after provid�d, arsd (ixj co enter inta ayrcemerits regarding general com�nqn elements including but not limited �o ].eases, xight•s ot way, agzee- � ments and ingress and egress agz�e�nents; a,id (b) Declarant with Sull' poriex of substitution as his true and lawful attorncy in his name, p2aCe, and st•ead to deal wzth such intcrest in order to efSectuate tl�Q reserva�ion contained in paragraph 20, each with full power, right and authorizatian to execute, ac)uiowledge and deliver any contr�ct, deed, proof of 2ess, rcicasc or other instrument aff�cting tha � interest of such o�ancr, and to taY,e any other action, whith the Association or Declarant. may consider �ecessary or advisab2e to give effect to the provisions of this Dec- laration. If reguestcd to do sp by the 1lssociation px baclarant, each awner sh�ll execatc and deZ�ver a• written i�strument confirm3ng such appoi��tment. 2he ac�ion of the 1►ssociition in settiing any aam�9Q or condemnation claim ' shall be Pinal and bind'inc� on �11 owncrs. Np ownor :.�tiall have any right� Aqai�st the•Association or b»y of f�s o�ti- . cers or directors with res1�QCt• tliereto excep� in tho case of frand or groas ncgligence. 11. n�z�na e or. nestruct;�n� In c.tise of damage or destruction oP any bu ldi�sq or any AArt tHeroo� by ony cav�o wl�atcvc:: � , � � . _ ; i ; �" "i , . . the proceeds of}insurancehshail¢beasufficie�n�tntoof the Association, ! of repairing and r.estorinq the buildin Pay a�l tha costs � �� in-fact for�the owhers) shall cause the�buildinsociation (as attorney- � restozed, applying. the proceeds of insurance for that purposeed and i � p (b) Zf'`in the reasonable jud the anticipated proceeds of ineurance are rgiotnsuf�icientstpciation 1 , costa o# repairing and restorinq the buildin of such coats over the anticipated insuraace r paY �e g, and if �he excesa than 108 0� the maXim� replacement value last eterniinedgunder Paragraph 9(c) , then the Association (as attorney-in-fact for the I owners) shall rom t1 '' and the differencepbatweengthehinaurance praCeedBeandrtheacostsBtQred, , o� rapair and rasto ation sh�Il ba a common expense, to be aesasssd � aad peid as provide� in Paragraph e. � (c) If in the reasonable ud . F� the anticipated proceeds of insuance are notesufficientAto paytthe costs of repairing and restoring the buildin suah costs are 1Qg or more of the maximum replacemeat value last ' determined under Paragreph 9(c) , then � �e exceas of ( i the date of such damage or destructxon�a plan forhrepairingyanditer � restoring the building shall be a • units in such buildin pProved by the ownez$ of condominium in genera2 cozamon elementslag 80$ or more of the total interests �by all ffrst li�nors of suchpcondominiumaut�itgj theBAssociationg($sa attorney=in-fact for the orvners o� candomi.nium units in such buildi,ng) shall execute and record a notice of such facta, and thereafter , shall se21 the entire real property on wha.ch sucit building is located (including the building) together with reasonable easements for zngress and eqress� if required, as designated by the As$pciation, free and clear of the provisions of this Declaration arid the map, uponhthedclosing1agts�hnsal,e�dTh'��Sibeclarationpand � $uch property shall remain in ful]. force and effect with respect to all otherowever, property and bui2dings, and the percentage interesta in general common eZe�nts a ppurtenant to all units remaining subjeot to this Declaration sha11. automat,ically.be iacreased by the amount of the percentage interesta in general comtnon elements appurtenant to all . units in the building sold free and c2ear o� t,his Declaration, such increase to be allocated amonq units in the proportions o# their re�pective interesta in general comman eZements. The such sale of the real property shall be collected by the Associ�ation, �npplied firet to the payment of expeases of the ed3e, and then divided among the •owners of condominium unite in euch bailding and paid into separate accounte, each. zepzeaenting one condomiaiwn �i�• The insurance proceeda shall be divided accoxding to sueh ' owners' respective percentage intere�st therein as ahown by the znaurance policies, if so ahown, otherwise according to auch owaers' reSPe�tive interest in general common elements appurtenant to units in the building so sald, and the proceeds of sale shall be divided according to such owners� respective undivided interests in the general common elements appurtenant to units in the buil.ding so so2d. The funds in each account (without contribution fram one account f to another) shall be app2ied by the Association for the following • purposes in the order indicated: (i) the payment of the balance of �he lien of any first mortgage or deed of trust on the condominium � ��t% Cii) for the payment of taxes and special assessment liens i e penses;�(iyjyforsesaing entity; (iii) for payment of unpaid common payment of � order of and to the extent of thei=r liens and encumbrances in the � remaining, if any, 8}�aZi be Priority and (v) the �Zance ' The provisipns pf thy$ paid to the condominiwn unit owner, ' in any way ehe right of aaaFire� lienorn{�nbcase�ths�p=ocaads allocat�d � cu�dar {i) ebove shAll b� ia�utlicfant to pay th� in��btednea� s.cured by his 2ien) tc aasert and e�iforce the personal Iftthility for suah ' � i -9- i i i � � . I . � � . � �� . ' � • � . � � . i �� . .. � � . � � ' . � I . � , . . . , . ! deficiency of the person or persona responsible for payment of auch i indebtedness. If within 100 days after the date of such damage or destruc�ion a p2an for repairing and zestoring a damaged or destroyed �? : building shall be approved by the owners of 7S8 or more of the general , common elements appuztenant to units fn such building and by all firat lienors, the Aasociation (as at�orney-in-fact for such owners) sha1Z � promptly cause such repaira and restoration to be made according to : � such plan. All owners of units in such buildin j shali be bound by the terms of surh plan, and the{difPerenCeeYif any, '� �etween th� amount of the insuraace proceeda and the costs of repair i and restoration shail be an expense of such ownera only and shall be assessed and paid by such owners in the proportions of their ' �� respective interest� ia genera,l common el�nti appurt�nant to unita i,n ths de�mage8 building. (d) Nothing contained in this paragraph sha7.1 be construed as impasing any liability whatever on any first lienor to pay all or any part of the costs of repair or restoration. t F 12. Obsolescence. I�I (a) If any any time the owners of T5� or more of the qeneral common elements appurtenant to un3te ir► any buildinq covered � � buildingpshall8aqreeathat�suchrbuildinqrhas1becoraeeobaolete andhshall approve h plan for,ita renovation or restoration, the Aasociatior► {as attorney-in-fact for the owners with interesta in such building) . shall proatptly cause such renovation or restoration to be made according to such p2an. All owners with interests in sqch building shall be bound by the terms of such plan, and the coats of the work shall be an expense of such owners orily and shall be assessed and paid by such owners in the proportfons of their respective interests in geaeral couunon elements appurtenant to units in such building. , qeneral commonbeZements ppurtenante to all units$and �lefirsth� lienors shall agree that any of the improvements constituting . general common elements have become obsol.ete ar�d sha11 approve a plan for their renovation or restoration, the Aseociation (aa attorney-in-fact for the owners), shall proptly cause such renqvation ! , or restoration to be made according to such plan_. Ail owners ahall � 'be bound by the t.rras Qf Buch plan, and the cost� 02' the work rhail be a com�oa expease, to be asaeseed and paid as providad in Paraqraph 8. ! {C) If at any tzme the owners of 75$ or more of the general common elements and all first ].ienors shall agree that �he buiidinqs havs become obsolete and should be sold, the Association (as attorney-in-fact for the owners) shall promptly record in the � real est.ate xecorda of Eagle County, Colorado a notice of such facts, ; and shall sell the entire real property, free and clear of the provisions of this Declaration and the map, which shall who2ly '• terminate and expire upon the closing of such sale. The proceeds of such sale shall be collected, applied and divided asnong the � ownars by the Association in the manner provided in Paragraph li(c} . 13. Condemnation. (a) If the entire real property subject to the declaration ' shsll be taken for any public or quasi-public use, under any statute, by right ot emiaent domaxn, or by purchase in liau �hereof, �or if ar�y part of aay building covered by this Decisr�tion shsll b• ao . �tken aad th� part remaininq shall be it��uliicient tor purposes o! Rucksack Condomiai�nns, the Associstion (as attornay-in-fact for I tbe owners) shal2 collect the award made in auch takiag a,s►d ahall i � � -10- . r.. 1 , . �/�� . . . � . . � � � '� i " � _ i ' ' � sei`� tne�part of,the lanci renaining after�the tal;ing, if any, free I enci ciear o` tne provision� af this Ueclaration an3 ti,e map. ; �+ buc;^, provisions ahall uhcll}• zermxna�e a.zd exgire upon the reeording �, . c� a notice by the,,�Association setting fortn ai2 of such facts. � �he award and tne proceeds eF sucn saie, is an$�. shall be callected,. ap�lie@ and divided among t^G owners by the Associatio: in accordance ' � ivi�: tneir Shasirig Ratios, unless a standard ditiezent £rom the value �' � ef the B;ziidir.a as a whole i� employed to measure t'r.e con6emr�at�.on • j awa,c in tne ner�otiation, jud�tial decree, or otherwa,se, then in . determininy such 'snares the same standard shall be.em�loyed to the `• extent it is relevent and a�Dlicable. . (b) 'x If such taking s:►a7.1 be partSal only, if ao part ct any buil�iing s3�a11 be taicen, and if the remaining par� of the . iand snalZ be suf_icier:t �or the purposes of the condomiaium, the ' Assaciation !as attor_ney-in-=�ct for Che awners) shall coliect tne awar.d and shail pron.�tly ana without delay cause tY,e land aot so :.aker.: to be restored as nearly as possible to ita condition prior ! ta �he taking, anp�ying the award to that purpose. Anv nart o,`. the a�r:.:d not re�uired �or such restoration shall be divided by zhe 1�s:�ociatien amoag tne owners ir. accordance with their Snaring Ratios, ur;leES a st�ndard �ifferent from the vaine af the Builaing as a whole is er,�ploye:z to measure �ne conae:nnation award in the negotiatian, . j;:uicia2 decree, cr or.�ierr�lise, tiien in detexw.inina sa^h sttares the sa.mc �tandasd shall be employed to tne extient it is reievant and ap�3icable. ' lA. Qualitv of Work. 1►ny repairs, renovation or restoratioa o� tne esl.property cr any building cov�red by thiF �eclazatian by �ehe rssociation as atzozney-in-fact for tbe owners �ha21 be done in aucn manner as tc� make tha real propezty ar �he buiidin4 at 1ea;t a.s v�lualale after such wark as it was imis►ediately before the ' occurrence reguiring tiie wo'�k to be done. ' l�. Amendme:it or. R��vocatic*,. Tni� Deciarztion r.iay be amended o. �-evo3ced t:.? ny uscl.arant at en� time prior to tue filing o£ the ' ta»Y, �r (b? upon; tae written appraval in recardabiE sb�.:n of the � cr'�=�r� of 75k or more of the gener�i co:sW�-�on elements and all first 1;�:�rs, excep� that the provi�ions of paragrapc, 2(ay and Exhibit 9 ., re�'4tiag to interests ir. th=_. ge.,er�l common element� and the iimited • �osm::n e2en�nte: mr•.- be amenuea o::.y u�+on such approval af �heti owners ' . . °�Q o� tne general cor�cnon eiements and s22 �irs;: iienars. Z:. • a;i:e._:• be revoke8 on].y upon sale cz all or pazt of the real ptoperty z,u_-1ant to Yeragraphs lltc} , 12;cj or �3(a) , or uaon th� unanimcus h:i�zen approval in recordeble form of a1'1 owners and all lienors. Laot.�vithstanding the foregoing, a;nenfiment of this declaration is� sLC�ect ta LY.e reguiremente of Section 36-33-106, CRS, 1973. 36. Yersonal Yropertv for Common Use. The Association may acenire an3 h6IG� �or tne use ana nenefit of a�l the conaominium o�.ners, rea�, tangibZe ar.d iatangible persona2 pronert�� and may dispose cr. tne sam�� by sale or otnerwise, and tne beneEicial interest in a:i_ such property shali be o�raea by the condaminiun� awners in the • same proportions as their respective interest� in the genersl common e�eR;ents and sh�Il not be txanierabie er.cept with a transfer of a . co.�o:ninium nr.�t. A 'transfer oi a conflor..inium u.-►it sna�l � trensfer to the Lranferee ownershiz� of tne transferor's henexici.al interest in such property without any ,� rc�erence thereto. Each ow.ier ma•i use sucn propert}� in accordance hit't the purpose far which it is inzen:iec, witnout hinderinc or • eacroachin� upon tii� latr=ul rights of zhe other pwners. Tne tzan&fez e.`. title to b c�nG�miniu..^i t:nic under foreclozure sh411 er.�title the purchasex tu the baaeficial int�re�t in such p�rsoaal prop�zty i assaciateclt��ith the fareclosed condomiaium unit. ! i 17. Registration by owner. cf N,ailiag Address. Each owner � -I1- 1 i ' • " • :; :� � � " , � i� � � , " � .. � � , . . � ' � . j. . ..�. . . iI shall reqister his�'mailing address with the Association, and except . for monthly statements and other routing notices, alI other notices , � or demands inteaded; to be served upon an owner ehall be sent by either registered or certiffed mail, postage prepaid, addresaed in ' � the name of the oraner'�:at such registered mailing address. All ; no�ices, demands or other notices intended to be served vpon the ` � Association shall be sent cextified mail, postaqe prepaid, to the addreas of the Asaociation as designated in the by-laws of the j Associatian. • � 18. Dnratfon of Condominium Ownershi . The separate estatea � ' 1 created by t is Dec aration ar� t e map s a i cantinue uatil this �� Deolaration shall ba revoked or until its provioiona shall texmiaat� ae provided herein. t � . 19. Architectural Control. After filing of the map, no building�, fence, wa or other structure shal.l be cammenced, ereeted or maintained upon the property subject to this declaration, nor � sha11 any exterior addition to or change or alteration therein be made ur�til the plana and apecifications showing the nature, kind, shape, height, color, materials, and location of the same.shal2 have . ; been su�nitted to and approved in writing ae to harnwny o! external desiga and location in relation to surroundinq structures and topoqraphy by the 8oard af Directora of the Aseociation, or by an architectural coaunittee composed oE three or more representatives appointed by the Board. In the event said Board, or its designated � committee, fails to approve or disapprove such deaign and location within thrity days after said plans and specifications have been submitted to it, approval will not be required and this paragraph will be deemed to have been fully complied with. 20. Reaerva(tions of Declarants. Declarants rese'rve the right to dedicate any access roads an streete serving this condominium project for and ta public use; to eatabl.iah easements, .. zeservations, exceptions and exclusions consistent with the condami.niisat ownerahip of the condominium project and for the beat in�erest of the condominium unit owners and the Association. . ' 21. Reservationa for Addition to R-2. A right is hereby reserved to any owner o con o�u,n wn Unit R-2 to construct and ,' expand hia unit in an area adjacent ta Unit R-2 and desiqnated on the Map as "future construction". This reservation ahall incZu'tie . the right to obtafn and racord an amended Map and Supplemental Deelaration when the conetruction is compieted. Such Supplemental Declaration shall reconvey and reattribute to each unit an undivided per centage intereat in the common elements. The iaterest to be • reconveyed and reattributed to each unit shal2 be expreased as a per centage determined by dividing the nwnber of square feet contained in each unit by the total square feet of a11 units, which is presently 7,252 square feet, plus the number of square feet added to condominium Unit R-2. For the purpose of recomputing the undivided interests in common elements to be recanveyed and made attributable to the units, the owner of R-2 sha.11 engaqe an architect licensed ira Colorado . to redetermine the undivided per centage znterests in the common � elements. � 22. Reservation for Additions to C-2. A right is hereby � reserved to any owner o condominium Unit C-2 on tha Southwest and � Northweat sides and designated on the Map as "future construction". E This reservatioa shall include the right to obtain and record ars � amended Map and supplemental Declaration when the construction is '� compleked. SuCh Suppleme��aZ Dt:clara�ien &ha3.Z reconvey and re- ,� attribute to each unit an uridivided per centage iatsrast in the co�unon ai,sm�nt�. Th� inL�ra�t to be rsconv�y�d and r�attribut�d �'i to each unit ehall be expressed as a per centage detersnined by � dividinq the number of aquare feet contaa,ned in each un3t by the ;� totdl square feet of ell unite, which fa presently 7,25Z square .f ; -12- . , , . 1 ' . / . � �' . � . I I. ' . . � w� � � . , ' ' i � . a ' ' � '���: . � � - j' ' feet p2us the nu�aber of square feet naaea to Condomiaium Unft C-2. . Fox the purpose o£ recomputing the undivided interesta in common f' elements to be reconveyed and made attributable to the units, the ' owner o� C-2 sha21 engaqe an architeCt liCensed in Colorado to ' redetermine the undivided pex centage interesta in the common il elements. . � i 23. General. . 1 (aj Zf any of the provisions of this Declaratian or �� any paragraph; sentence, clause, phrase or word, or the application � { thereof in any ciraurastance be invalidated, such invalidity shall i not affect the validity of the remainder of this Declaration, and j the application of any such•provision, paragraph, sentence, clause, phrase or word in any vther circums�ancea shall not� be aftected thereby. � ' {b} The provieians of this Declaration shall be in i addition'and supplemental to the Condorainium Onwership Act of � the State of Colorado and to a7.1 other provisions of law. � (c) Whenver used herein, unless the context shall �, o�herwise pravide, the sinqular number shall include the pluzal, : the plurai the sinqular, and the use a£ Any qender shall include �' all genders. � s , IN WTTNESS WIiEREOF, Declarants have duly executed tt2is ' . Declaration this - 14th day of__ April �,1978. � _ � . � -13- . �. � � � , :,. , , , � , , . ; :'. :;' . .� , ' . � . :� e e x � :.� . � i C ar ea A. Ros nguis , � � Ric r N. 8rown STATE OF COLORAi)O} COUNTX OF EAGLE , � as: ; ' � The foreqoing instrument was acknowledged before me Selb`L—��day of ,�;. y, Charles H, Rosenquiat, n • �Brown.by JOffzey g ' � � . c ar N. , „ �R ` • _ i :y w1�e88; �y hand and official seal. ' 1��`� ' .' ' ' O��v a�1+C� ��t =r � . � � ' �MY commission expires: �QA O , ��tti�t F"t�A, '�,� �Y�%omm xplras ,�l J �����'•`�o , . t � ,,,G,. � - . • ,���`5�, : };` u�c 1 . ' c v� y � r �k�"�,,0� �F� � ; p lic . �'� �,�''r���rhv� :�;:�^^�� .. . � The undersigned holder of a deed of trust upon the property covered by this Declaratfon he,re interest in such. ro ert to the roy;Bio� ofbOrd�nates fts By execution of thispDeclaration the unde=signed,�s Declaration. , J er e21 cke Vice PresidenC persona or otherw se or the .per ormance o ans�ea no ia 1 yty, , provisions, covenants or aond�:tions ccAtainad herein�e tex7��, � �END$R THE EMPIRE SAVINGS, BUILDTNG AND�LOAN ASSOCiATiON, a Colo�ado corporation., � BY� <��`....._._,y----= F �-� .a� .7. D�rrell Rocka, Vica Presideat . X�; STATE pF C�LOI2AD0 � � City and CountK of Denver} 93• ; The. ab ve was ackao�.ledged before me this 25th day of April, 1978, b `.�'�'� �e�� Roc a ce President of THE EMPIRE SAViNGS, BUILDiNG AND , �� � ; ::�,� 'LOAN ASgpCIAT20N, on beh�IP of �he' ; �� � , � tate of Colorado corporation. 'U �'� ��?#iC�s:: 15-8I . �.,o '�°'`'��.:�,, {;f��; . . � � . i ' �. -w,� �(t131.�t',''o �S`, r �T�f�;�;",;.�'1r°,.',��•Xa�� �. . '�i t �Q�,\��'l:1�,t9•Y'' � ' 'Qr-`'7 .\ .�.,�C:� ,/����%/I!:/11111'1�1��� _ . . . , r��_ , .. . . ,,���:�_ • . + � 1! i .,� � .. , , . � , . ` � . , - . . . • ' . ;ry: �.i { � i i , �1 , ,�xxI�� . �' (Attached to' and made a p8rt af Condo�;n��. 1� for;the'Rucksack Condomin3u�9� Declarations ;•''Ri . ��A�. DESCRIPTION PARCEI ONE: � ,. , 7hat part of ' ' , recorded �°ts c and d��8)ack �-A 2fne p�at thereof. described a ' �pr! vj«-��E. FIRST F?t,IN�. �f Sa;d tot c whence th $ fp�7ows: accord;n blest, 7.60 feet• �' Northeast corner�esinning at a point g te the ' . ef Lot d; thence South��2$48h34� � M East� 30 47$feet North p�pgtQrly feet to the Southwest corner of a9d�ot d, on �ot c bears ,0�0 West, alang �he South to the 5outheast corner Street; thence on an.angle to th� Iine of satd � way �'ne g the East right-of-wa �ot d, t12.�8 � of p9a3g'4���ng a curve to the right havin 92�'�g'2Q Y Iine of Bridg� ri ht of �� and a]4n Lot t- � an arc distance of 32.23 feet.�o $ � said East right_of- , thence North 7 0 � „ � a radius of ]9),07 feet feet: thence N�rtb 73� 34 t6 F�st, 27.21 feet• �oint on the W ster7� centra] angle feet: thenca North 73�14'Tb�� East. 46.73 feet., t ence South ) � � � Iiqe af said feet: thence N o r t h 8 9 , „ East � thence-S o�t h 1 6�4 5$4 q¢, East, 7.p 0 . o�$ 22 � 2 5.3 4 f ee t• the�ce Narth poz4'3g" �ast' 4•�Q PARCEL Tld�: �ast, 23.1fi feet to the p�int a{ West heg3nning; • t3.68 A Perpetua] easemenf over Ao�nt on the the real pro bears North Q�$S�erly 'l�q,� of said LatPdr�y described as fol7ows: TRUE PO1NT OF �g �� West, S,PS fee,�, whence the Ngrtheast ����'�c�ng at a l�orth 7fiQ4��qqB�GestlN�: thence cootinuqnhce Sout� a3 I4'16" �orner of said Lat d 24°45'44" 41es • 4.10 feet: thence s South �3 i4'16�� WeS�, ]4.3Q p�Et to the •, t. 4.25 f�et: thence No 5ooth�73°14')6" ldest, 25..34 fe8t; thence Eastk�est, .1,75 feet; thence North th 13 )4 26" West' 29'bS feet- . 10.53 feet to the 7RUE POJNT�3��4'lb" East East, 3j,gp feet• � thence Na th ance of and the restaration op �F BEGINNING ' 27'�$ feet• � thence N�rth 16�45' over Parce) 7wo and ' for the contitLence South Q 2q 38 �AFurtenant to the q�hi�� {mprovemer�ts which extend � ance of ��mprovements , overhart ' �e maint�n- Parce] p�e; n►A�'ovements 7o�a�ed on�te a part af� ar� assog aad are iocated , h� ad3oi�ing reaT r �ia�Ad with and ar� PARCEC 7HREE: P operty referre�l to es a Derpe�uaT eas�ment over That part of Tract � � across and on the reat A7at thereof� describ���as kfo�?awsArt VIl,f,pgF P►'aperty descrq6ed �$ 7ract G, whence the Horthwest corner of�saidnrra�� 6 bear N�, &ccordin f���ows: ' f��t: thence Sauth 16�45' n 9 at a point on the Westglfr�iet�e ��C°�'ded to the West line of said Tra�ta�t' 2$•d� Feet; thence SauthN7gojq�=6„� �� of said li�e ot said tract G 04 aQ W�st, b9.02 }f and the r an of � point �he�ce Nor 9.�far' �� �est �est, 7.46 estara�; to the of be �g �� � 26.09 feet ajpn feet 'h��h (improvemer�ts mprave 9i�°�n the cont�huance of g the l�est mProvements loca�ed.are a �nts 'iocated oR, over and across Parce) Three and part of, are associated w ' th� ��ntend�,�g oa the ad�oi,n�n9 reai property re erred°�� aPpurtenant to as Parcei One� the � . t ' � i i • . ' . / � ,' � . . �. . � ... � � , , � , . . � ~� �XHTHTT A . . `�: � , . . • � Continued-ga�e 2 �� PARCEL FOUR: '..,. That parcel of land shflwn on the recorded plet of Yail Vil]age. First Filing as being tocated between iots d and c, Block 5-A.Vaii Village, First Filing according to the recorded plat thereof. which parce7 is described as fol7aws: Beginning at the Southwest corner of said Lot d; thence North 72d48'30". East, alang the South 1ine .of said Lot d, 712.D8 feet to the Southeast carner of said tot d;�• thence South 0°09'00" East. 5.20 feet; thence Sguth 23°42'00" East, 5.04 feet to the Northeast corner of said Lot e; thence South 72 43'02" West aiong the North line of said Lot e� 111.39 feet to th� Northwest corner'of said Lot e or+ the Enst right-of-way tine of Bridge Str�et; thence Northerly along said East r4ght=of-way line on an angle . to the r9ght of 89 59'53" and elong.a curve to the right having a.radius af 191.07 feet. a central angle of 2�59'55". .an arc distance of 10.00 feet Lo the point of beginning. PARCEL FIYE � � A perpetual non-exclusive easement for the continuance of. maintenance of and the , i restoration af the balcany overhang improvement projecting fram Fa.rcel One herein � over that part of Lot e. Slock 5-A, VAIL UILLAGE, FIRST FILiN6, according 'to the ; recorded piat thereof, descrihed as fal�ows: Cartmencing at the Northeast corner af ; safd Lat e; thence South 72°46'02' West,a3ong the Noriherly line of said lot e. , 36.33 feei to the TRUE POINT OF BEGTNNING: thence continuing along said Nartherly iot � 19ne on the said course, i9.00 feet; ther►ce South 17°11'3Q" East. 7.00 foot; thence North 72°48'02" East. 19.D0 feet; thence North 17a11'30" West. a distance of 1.00 �oat to the True PoSnt of Beginning. • .. � � . , � . � i I ' , I ' + � . i , , I .. . , � , . :h .lr��� � , . � . r � . ��` Z-�-�T�B � ' ?'t. . (Attached to arid made a part of ' ' ' DeClarationa for the Rucksack Condominituq ;f condomini ura�� , � Interests zn General �Q mmon Elements • � , . .,� OhTNER58IP ZN GENERpi, j � �IZ• Cfl�pN ELEMEIVTS APPUA'!'ENANT TQ THE UNZT No. of Sq�ar � Feet in Unit ' R-1 .0924 � R-2 .1q26 670 �,1 , . � .iS39 1.034 C-Z • , .4163 Z,116 , ��3 , .1948 3.OI9 '. ' 1.413 � : . � ' . I . i � . I � � � ' • � . � ���� � �. - ' �"/G 73�/ ''`' FIRST AMEI3DMENT - ro G/iv/78 CONDOMINIUM DECLARATION ����/��T FOR RUCKSACK CONDOMINIUMS VAIL, COLORADO KNOW ALL MEN BY THESE pRESENTS: WIiEREAS, on April 27, 1978, Jeffrey B. Selby, Charles H. Rosenquist and Richard N. Brown ("Declarants"} caused to be recorded a Condominium DeclaraLion ("Declaration") for Rucksack Condominiurns in Book 269 at Page 448, and a Condominium Map ("Map") for Rucksack Condominiums, in Book 2b9 at Page 447, in the records of the Clerk and Recorder of Eagle County, Colorado; and, WfiEREAS, Declarants are the owners of the real property described as follows: Units C-1, C-2, C-3 and R-2 of the Rucksack Condominiums as defined by the Map and Declaration. . . WEIEREAS, Stephen YaCes and Paul A. Davis ("Owners") are Che owners of Condominium Unit R-1 as defined by the Map and the Declaration; and, WHEREAS, Declarants and Owners represent 100% ownership for the Ruckeack Gondominiums and have determiaed thati certain amendments are necessary to the Declaration for Rucksack Condo- miniums. NOW TKEREFORE, fox and in consideration for the premises, the Declaration is hereby amended as follows: a) The number 757 referred to in the 54th line of Para- graph 11(c) (and being in the 4th line on Page 10 of the Declaration) is hereby chan�ed to $07. b� 12(a)�(onrPage l0�of1Che Declaration) isnherebyachanged to 807. c) The number 75% contained in the first liae of Paragraph 12(b) (on Page 10 of the Declaxati.on) is hereby changed to 80Y. d) The number 75% contained in the first line of Paragraph 12(c) (on Page 10 of the Declaration) is hereby changed to 80%. IN WITNESS WHEREOF, Declarants and Owners have executed this First Amer►dment to Condominium Declaration this IS� day vf .7une, 1978. owNE.s:-��J"".___. _--�� DECLARANTS: `. ,/ i`-- �:; .�� B � BY S e � y ;� tep en ates r , BY - � SY Char es . oae} uiet au . av a /,' /� HY I l...l��:.c.� � s �c ar , rown . . • , . SfATE OF COLORADO ) ) ss. . C�UNTY OF EAGLE ) The foregoing instrument was acknowledged before me this �K��- day of 3une, 1978, by Jeffrey B. Se1by, Charles, H. Rosenquist �rid•Riehard N�, Brown. �,: ' � :`,LWi�ness�my hand and official seal. � ''-:��-'commission expires: h�y Cc�t;,��is�':��� e;���,cs �'��������;ber 3, 1972 � N^. � �1'� o ..� ✓W�/� ITn��� . p 2 �fl_,'4\j�. � C� '! � OtBry Ll 1C STATE OF \-� � O ) ss. COUNTY OF T^ � ) The foregoing insCrument was acknowledged before me thia s-r- . day of June, ],478 by Stephen Yates and Paul A. Davis. `;�„���Witneas my hand and official seal. �C.My.�ouunission :expires: �S�r C ,,, . ,... c°��:�c ,,��rr 8, ln7d = � �'_<w s ��.����?�� _ � p .., �• . ^ -I3orary'�u` ic ' ���'• ��:;�,� �., ,C A���io��L:: � The undexsigned being the first sole mortgagee of the Rucksack Condominiums created by the Condominium Declaration and Map, hereby approves the foregoing First Amendment to the Condo- minium Declaration and conaents to ies recarding in Eagle County, Coloxado. EMPIRE SAVINGS, BiIILDING & LOAN ASSOCIATION ,..� / � By ;�1�!�1.;!! � STATE OF COLORADO ) ) ss. DENVER COUNTX ) 'The foregoing instrument was acknowledged before me this 7th d�,y af June, 1978, by '�ward L. quay, as nssietane Vice Preeident of Empire Saviags, Building & Loan Assoc- iation. Witness my hand and official seal. ', ���2p�.souimissioil expires: November 15, 1981 - y�T.� ^ , : �-�-�` ' Notar,y Pu ic -- '' f U;"�1.�� `,;�. :�.,�. ,c^ �- -2- �" L� � �—�_._ _ � � _ i � I ' _ .— _ — , —`,. _ � � ` I ±.i e 1 ��'....!f � � `f ... * . �,.. �°. : � �.J, �'����; M � ..{�' ,�,r�- �' ���F m J �1[y�'`-CF" 'i �_ �T'�� � y ou�r-�"�,r- - ��••� � � -4 •' `�w ..,r,�,�, nR�v ` . �p� �� I , �� w:rw,i.;°,'„"'n.....s. i� ����': ...�n.w�'. .,r�-;W.:......�, � w�..:.... �, n ..c... �.....�r�.,.��... %�-� ✓ 1 1 70 0}VA a�w�. 1 � _�� wu»p-..m.5ie,� ..�- _ __.. _..__- �� -T�-�r�# �[1L�'1 �RAw IR n�n T��{� r n.r.� __ 'nl �cr iaz T R7 � n`�e`.�.�s � . y � � �4.r.r W�.r a. .n..i.,r...�w sr,n � 1 .,.�-_, - :�:.':,:` „b,- ..,�.....,..,......- + k �::,:=�="�".::-:��-� �.�u.:::'..'.:,""'.�.,» .,.�....�;::;..�;. ..�••�,r+�y�..�� ���....,w.e.�...n e. �.�n rr a.a�`� y y Y�es�M•N•M•i e�e..�..��W'.n y���w�r W�w •���r I �+��aea��s w�.t`a}'�wlr1 yrty ��� � '� �����rr 4�u��wnRy_ e 'K ' °'��rn.hM�ul�Y�ti'ti�.s�r ���'�Mw.11�y�R 1ua; 1 •�M.ti.�~ . �al���+~�w.� •N���+��lr��.N.� N[.�tiur�/ i•���[�• s �r�wyfr r���M tY � ���js4�i�MM u s` 'erir� �ny~r�,M1��`���n� �i;��6 M 4iry�M��e.w t�a��������� a�w`w Vu�rVy4�.n��nwr��1�. Vlraa���Cn � � ' ��•x•SS~��.y��e •�P�M aatr.l AY f� � . M�4.t N�r��if•w•m���.N��t �:�..�"A�r�� ��af1���W(� �4�n a�y W fwRY`�l�s� W�> "M��w t�.w�w�.r�d�� � �r�.��arr�rr:.�..�� •t��.n w •�.n 1 r.�..rv�..w.r.� ���r+i� �s`""•�eri I t •M��..�ro�.r• inn..'�r:'xw�uiw�` '�r��x�a.,,.' ��w �....a.�yu•u�'.�tn'rv�«.�i�•n•�r�' '°� ' av.w•. r.. •w.�..u•u•a u... .r�:�:•M..����..H��.� �.i r..n..se..,ruar.ua.n.�o....�•..or. �'.r..��'�"�r�w Ar r r� �w..�n.i =�w�ti�r Yra y�•W�-��.].1�r�1 Y M�MM■ � 1 "Ir+�ri��M�a�i.w�w� wr�t iai . ���R�� � '°�-- a�-.•.��..k<�: "'"�'�'�,,,':;,`�'��'..�..��„�,,,,,, � �. „, + -«�[.��.,...ae�.mea.NCSS:.J� ( ^�s+..+.��..,,. '"�.u.�. •.a.,...w t.�,r1y ���'+'-.+�.:°±.:'y,`„o'�'w�.'„i,�'�`„�, a+."...� ..w�����i."°..�u' ��„y�,�q°�'wi�:... w�`^���.:i• . �:::;:�.=-.---._�-w-- :.,� , �;_.�._.� y � �;,,�;:,...._�...._-�;„ •` , w.�.w�.�.. • �. yc+. �u� � _ .��' y�=�a�rwr • +�+r.�'e��.���°"d"r�.��� °�`m'+� � �w..rr.�..wry'�'^�a:�r. W ��M�•'��r.'�+�`.siy °+ `^�•ti.+.�rr�.:wr`� �'��.�4. . •».aw�x awr Y � r+.Hw.�u�����u��.y� 'o h�l� � ���- � �RO .��,ryr• M1�AM. ��ml ��'<Mw�r� +M.�rnen.���iti�a�h�yn �� ;p �b��u������� • �w�M1 w� '��'��r4� M s.I• �r�ws�,�r_�r`: �� � d�l��,��°••�^'bYmlu�~ywT�~�i.�� wau � �rr..r.�M �r ar[.nr+xen� ' �b�.�uN. �w;,ry�M�'�yr�w�W��i�w �:b.uwW..ti.rl��V�vYIl11 w�+��s����� �°h y- ,.n r w+����si "�.a... ..�,.��''�'...`�'�.y�, , �*.�. �' � t.s....n..uw. .u�'...r r..r.n�w��r r "���w..r M rn.r.r 'mra�.��r wRa�o •le�.�r�m�e�..�r ti`M1..�.w we�H'�e.eyityf1�mw1n��.~ �r� t w�uw�� 1. c �� ~�w:..e.:.i..��y. �.�.,�. ...�..,.., _ .....�. .��„tu°,�,v w�.��,._. _ :R::,` ... . ..."�,�,...., � �"'-�-�-_ �.,,'..L„°,�,,..�:,L.� �w,c .•.• • `.�- �..,.�.r •��—��~— Qj, . n ��0'»�k 1 a . � � 1 a �,,:...-- �- ... ,, � rRii ir�T ' t� "` ,I�r [I � � � .. S�\� i � '_ � E3_...1 • . .I �-r_;^"' __—,w4i-�1 � '-F' .wr�r.t•L �. ,1....... . f/FrN /O!/fTN �W �..Mw �+• LFViL lEVE< - � TNiRO Lf✓EG SECavO LF✓Et F/RSl L!///- FLOOR OLAN9 erw.i r-,a� � RUCKSACK �3NDOMlMUMS TowM o. r�a�.Exe�E cewR�ce�e�oo �E,�a.•:—� a r.V N ...,<.�... i ��, - , NY/f R�/ (qy�L 2 �t. �- Vwil!-t � . �-=1-��- sccr�N�t:�v : SfGT/ON Q•Q SELTIONS i��..+,:,n� /K.A � „ a� u �Y TOWN OF UAIL THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with Section 12-3-6, Vail Town Code, on July 9, 2007, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to amend a platted building envelope, located at 1463 Aspen Grove Lane/Lot 8B, Block 2, Lions Ridge Filing 4, and setting forth details in regard thereto. (PEC07-0037) Applicant: Robert and Kristine Selby, represented by John G. Martin, Architect, LLC Planner: Bill Gibson A request for a final recommendation to the Vail Town Council for a text amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Section 12-2-2, Definitions, and Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to allow for amendments to the regulation of temporary business offices, and setting forth details in regard thereto. (PEC07-0040) Applicant: Vail Resorts, represented by Jay Peterson Planner: Bill Gibson A request for a final recommendation to the Vail Town Council for a major amendment to a Special Development District (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to Special Development District No. 17, Ramshorn, to allow for the redevelopment of Ramshorn Lodge, located at Block 3, Vail Village 5th Filing and Tract F-1, Vail Village Filing 5, and setting forth details in regard thereto. (PEC07-0038) Applicant: Ramshorn Lodge, represented by Pylman &Associates, Inc. Planner: Scot Hunn A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, , � Ma�or Exterior Alterations or Modifications, Vail Town Code, to allow for the ('�� o� � � � redevelopment of the Rucksack Building, located at 288 Bridge Street/Lot D, Block 5A, V� Vail Village Filing 1, and setting forth details in regard thereto. (PEC07-0039) Applicant: Jeffrey Selby , Charles Rosenquist and Richard Brown, represented by Jay Peterson Planner: Scot Hun The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. Published June 22, 2007, in the Vail Daily. Page 1 Adiacent Property Owners Pro er Owner or Association 1. Lots a, b, and part of c. 286 Bridgestreet Inc. Bl. SA,W Filing 1. 50 E. Sample Rd. Ste. 400 Pompano Beach, F133064 2. Lots c and part of d, Otto Stork LLC Bl. SA,W Filing 1. C/O Specialty Sports Venture LLC 299 Milwaukee St. Ste. 502 Denver, Co 80206 3. Red Lion Condominiums Red Lion Condominiums C/O Linda Malaby 610 W. Lionshead Circle Ste. 100 Vail, Co 81657 4. Bridge Street Condominiums Bridge Street Condominiums Attn: Mark Cadmus 281 Bridge Street Vail, Co 81657 5. Plaza Lodge Condominiums Plaza Lodge Condominiums C/O Christiana Lodge Attn: John Everly 356 Hanson Ranch Rd. Vail, Co 81657 6. Tract G Town of Vail VV Filing 1 Community Development Department Attn: Scott Hunn 75 S. Frontage Rd. Vail, Co 81657 L� � I� � V � ROSS DAVIS, JR. � ATTORNEY AT LAW AUG 27 2001 VAIL PROFESSIONAL BUILDING SUITE 223 953 SOUTH FRONTAGE ROAD WEST TOWN OF VAIL VAIL, COLORADO 81657 � 970-476-2414 FAX 970-479-0467 rossdavi sj rQqwest.net August 27, 2007 Mr. Scot Hunn Department of Community Development Town of Vail 75 South Frontage Road Vail, CO 81657 Re: Rucksack Building Modifications Dear Scot: This office represents the Mill Creek Court Condominium Association ("Association") in connection with the application for substantial modifications to the Rucksack Building, 288 Bridge Street, Vail, Colorado After our meeting last Monday, August 20, 2007, I circulated the copies of portions of the revised plans to the board of directors and concerned owners within the Mill Creek Court Condominiums. They have asked me to express their concerns on the following items. Proposed Bridge over Mill Creek. The proposal to construct a bridge over Mill Creek into the ���blic land commonly known as Kendall Park is strongly opposed by the Assoc?ation. Any construction of private improvements on public property should be carefully co:�sidered. This appears to be solely for the purpose of providing access to the rear exits of the three private condominiums in the modified building, and is only necessary because the current access is based upon custom and practice among the neighboring building, rather than written and recorded easements. This bridge will encourage public foot traffic through Kendall Park to cross over into the private access at the back of the Bridge Street buildings, further aggravating any problems. Kendall Park is considered"closed"by the Town of Vail Public Works Department, and based upon that status no public maintenance and snow removal is provided to or by the public in the winter. The Association considers this to be an inappropriate and improper use of public lands and not in keeping with the landscape plans and improvements put into the property by the Town of Vail and our Association over the years. Mr. Scot Hunn August 27, 2007 Page 2 Expansion of Ground Floor Unit into Public Land. The Association also opposes the expansion of the ground floor unit out to the existing balcony encroachments. Not only is it an inappropriate use of public land for private development, but also it could interfere with stream setbacks and stream flows, including but not limited to erosion patterns, not to mention the appearance of the building to the East. The existing encroachment of balconies over the stream does not in our opinion adversely affect the stream and park areas, but construction on the ground floor that encroaches into the public stream setback Building Hei�ht Increase. One of our owner's has expressed a concern that the plan increases the building height, if so; the Association opposes any increase in building height. Generally the plans and proposed modifications meet the expectations and desires of the members of the Association, as they do not substantially increase the mass of the building, or substantially modify the commercial usage and impact of the building. Impacts from the portion of the proposal adversely affecting Mill Creek and Kendall Park are opposed, as all efforts should be taken to maintain the integrity and character of Mill Creek and Kendall Park for the benefit of the public and the members of our Association. Please place this letter in the Town's file, and present this letter to the staff and the relevant planning boards considering this matter. Thank you for rom t ention to this matter, if you have any questions. Sin y , o . 0812712007 68:08 9794790467 ROSSDAUISJR PAGE 61IO2 .� � � r� � � I I V � ROSS DAVIS, JR. � ATT�RNEY AT LAW AUG 2"7 2001 VAIL PROFESSIONAL BUILDING � SU ITE 223 ° ` 963 SOUTH FRONTAGE ROAD WEST � �(��� Q� oI,AIL =�k VAIL,C�LORADO B1657 s�� 970-476-2414 FAX 970-479-0467 rossdavisJr�qwes�l.nei Au�.iSt 27, 2007 Mr. Scot Hunn Dcpartment of Com�awnaty Develvp�nent Town.o.f Va.iJ. 75 Sauth Froritage Road Va.il, CO 81657 Rc: Rucksack J3ui.Jding Madifications ]�ear Scot: This offree re��r•esents the Mill Crcck Court Condominium Associa.tiaz�("Assoc.i.atio»") in connection witli thc application for substantiaa xxiod�.fi.c�.tion.s ta tl,e Rucksack Building, 2$$ Bridgc Street, Vail, Colorado A,.f.ter our meetrng last Monday, August 20, 2007, I eirculated the copies of portxons o.f,tl�e revised�rlans to tlie Uoard of dircctors and concerned owners within the .N(i.11. Creek Court Condom.iniums. They havc a.sked me to cxp�ess th.ei,r. concerns on the fol.lowin� items. �roposed f3ridge over Mill Creek. The�roposal lo construct a Uridge o�ver Mil1 Cr.eek into t11c public l.�,nd commonly known as Kcndall Pa.rk is stron�ly opposcd by tlie A,ssoci.ati.on. ,An.y construction of private improvementS on puUlic property shc�uld be carefully co.�sidered. This appears tc�be snlely for the purpose o�f�roviding access lo lh�rear. exits oi'the tliree�rivate eondominiums in the modifi�d building, a.nd is only neecssary bccause thc eurrEnt access is based un�a�.custo�n.an.d p�-actice among the neighboring building, r.ather than written and recorded easements. This brid.ge wi11 encourag�public foot�raffic throt►gh Keudall Park to cross over it�to the private access at tl�e back of.tlae F3�'idge Stxeet bu.ildings, furtb.ez agg.ra.vating any problems. Kendall Park is considcrcd "closed"by lh�Tow�� ��f Vail PuUlic Work.ti Deparlment, and Uased upo» that statt�s no public���ai.nte».an,ce an.d snow.removal is providcd to or by thc public in thc wintcr. Thc Associ�,tion considers ihis �o Ue a�� ii�.appropri�te and irn�aro��r use of publ,ic lands an.d not in. .k.ee�ing wi,tl� tlae �andscape pla.cas and improvements put into thc property by tllc Town oi Vail. aiid our Association over 11ie years. 68127J2067 08:08 9704790467 ROSSDAUISJR PAGE 02IO2 � IV�r. Scot�un�a August 27, 2007 Page 2 Ex�nan5ion o:FG.r.ound Floor Unit into Public Land. The ASSC��iati0n also opposes the expansion of the grou�ad floor unit out to the existing balcony eneroacllments. Not only is it a.n inappropriate use of public land for private developnaent, but al.so i.t cvu.ld i.aa.texfer.e wxth stream seibacks and stream flows, including but not lirnited to erosion Uatterns, not to �nerttiot� tl�e appeara.nce of the building to the Ea.st. '�"he existing encroachment of balconies ovcr thc strcam does not in our opinion adversely affect the stream and park areas, but con.str.ucXi.o�a.ot� t:h.e grou.nd f7oor that cncroaches into the public stream setback Building H�ight Inerea.s�. One of our owner's has expressed a coi�cern tl�at the plar� increases the building height, if s�; tbe Associatio» opposes an,y �ncrea.se in bu.ilding hci�ht. Generally the plans and prc►pased modi.f cati.o»,s m.eet the expcctations and desires of tlic mcmbers of the Association, as lhey do not substantially iii.cr.ease t)ie m.ass of the building, or substantially modify the commcrcial usagc and impacl of the buitding. T.,.r�pacts frona tl�e portion o.f.tl�.e proposal.adve.rsely affect�ng Mill Creck and Kcndall Parlc are opposed, as a11 ef�ozts sl�ould be talcen to maintain tl�e integr.i.ty a�id ch.aracter of Mi11 C.rcek and Kendall Park for the bEncfit of thc public and t1zE members of our Associatio�i.. Please pl,ace th.i.s l.etter in thc Town's rle, and present this lette.r to the staff and thc relevanti plan,n.i.ng boa.rds considering tihis matter.. Tha.nk you for . rom t ention.to tt�is matter, if you have any questions. Sin y , -- — _ -__ __ — --- - - - - � (08/09/2007) Scot Hunn - Fwd: RE: Rucksack Building Page 1 � From: George Ruther � � u�, �i ��// � � To: Scot Hunn � Date: 08/09/2007 3:02 PM AUG -9 2001 Subject: Fwd: RE: Rucksack Building For your information and the file.....thanks TOWN OF VAIL George Ruther, AICP Director of Community Development Town of Vail (970) 479-2145 office (970) 376-2675 cell (970) 479-2452 fax gruther@vailgov.com »> "]eff Selby" <jselby teatrotower.com> 08/09/2007 1:14 PM »> Bill: I want to thank you for taking the time today to meet with me in Denver about the proposed renavation of the Rucksack Building in Vail. I appreciate your efforts to work with me to insure we end up with a building that is one we can all be proud of and pleased with the final product. I will get you and Margo a letter summarizing the issues we discussed and agreed to so we can move forvvaard with the PEC and DRB meetings next week. I have always believed we have been on the same page with the same goals but our conversation today confirmed that fact. Sorry for the legal form of Consent Form but lawyers can't help themselves and in the end when one gets rid of the excess words we basically agree on how this renovation should move forward. Please give the Town your own perspective and view of our meeting and I look forward to working with you, Margo and Yvonne on the updating (long over due!) and improving of one of the most important and highly visible buildings in Vail Village. Best regards, ]eff From: Bill Gardiner jmailto:billCa�pencomsf.coml Sent: Wednesday, August 08, 2007 7:57 AM To: JefF Selby Cc: ymvailCa)aol.com; margo mullally; grutherCc�vailgov.com Subject: RE: Good Morning Jeff, Thanks for your comments. There is no doubt, that we all understand each others issues. We are all looking for the common ground that we can all be happy with. I think we are getting closer to that point. ----- -- — -- -- --____ _— _ �.-_ _ - -- --- - ; (08/09/2007) Scot Hunn - Fwd: RE: Rucksack Building Page 2 My goal is to have you go to the planning meeting with a thumbs up from Yvonne and myself. I will be flying into Denver on Thursday morning. If that will help. Thanks, Bill From: ]efF Selby [mailto:jselbyC�teatrotower.coml Sent: Tue 8/7/2007 12:05 PM To: BiII Gardiner Cc: ymvailCc�aol.com; margo mullally Subject: RE: Bill: Thank you for making this point strongly with the Town of Vail as it is now a requirement for them to review the proposed renovation at the PEC meeting next Monday and if we are going to proceed with project this fall seasons (starting after Labor Day Weekend) we need to resolve the Consents by this weekend. Is there a better day (Sat. or Sun.?) for us to have a conference call? I believe I have addressed the issue of my sincere intent to have the ground floor space occupied by a retailer rather than a restaurant in the Consent Form I sent out to everyone yesterday. Please advise if this is not the case as we need to decide this week if we want this project to move ahead or not. Thank you, )eff From: Bill Gardiner [mailto:billCa�pencomsf.coml Sent: Tuesday, August 07, 2007 12:06 PM To: grutherCa�vailgov.com Cc: Jeff Selby; ymvailCa�aol.com; margo mullally; )harm@lohfshaiman.com Subject: �----- --- — — — ---- -- - - , (08/09/2007) Scot Hunn- Fwd: RE: Rucksack Building Page 3 � Dear George, The general consensus among the owners of the Rucksack is that something needs to be done to upgrade the build. There are a few internal issues that have not been finalized between the owners, but dialogue is underway to address these. However until these issues are resolved I must point out that, it is the understanding of the Association Members of the Rucksack Building that any project that involved majors changes to the exterior of the Rucksack building requires that 80% of the owners ( by square footage ) agree to the changes. At the present the proposed changed has not met this requirement. Thank you, Bill Gardiner 650-593-3288 work 650-996-7668 cell , _ -- — _ ___- _ , (08/07/2007) Scot Hunn - Fwd: Rucksack B��ilding Page 1 l From: Mike McGee To: Design_Review Team Date: 08/07/2007 12:56 PM Subject: Fwd: Rucksack Building fyi »> "Bill Gardiner" <bill@pencomsf.com> 08/07/2007 12:28 PM »> Dear Mike, Thank you for clarifying some of the issues concerning the Rucksack Building.As one of the owners, it was nice to know that the Town of Vail is in no way thinking of condemning the Rucksack.The concern that you mentioned regarding the fire sprinklers, is also the concern of the residents.We are work towards this end. The back stairs and decks have also been an issue that the Association is addressing.The residents are very concerned about the aging condition of this part of the building. The current requested building permit addresses only the front issues of the Rucksack.We are working to make this a complete make over. Mike,I will keep you updated on the progress. Thanks, Bill Gardiner 650-593-3288 work 650-996-7668ce11 �-_._. -- -- - ! (08/27/2007) Scot Hunn - rucksack remodel Page 1W; From: "margo mullally" <margomuli@hotmail.com> To: <shunn@vailgov.com> Date: 08/27/2007 1:24 PM Subject: rucksack remodel Scott, I believe you spoke with my mom last Friday. These are the concerns we have that we are currently working on with Jeff Selby. 1. We have not yet agreed to his proposed residential roofline. I will be seeing a mock build up of it this coming Saturday. I communicated this to Jeff, as I believe he met with you all this morning. 2. We were told by Jeff that the town is requiring the bridge, when now I understand it to be the fire department. 3. Joe's deli will need it's own water heater, as the current residential units in the building are unable to have sufficient hot water because of the deli's usage. I know Jeff is trying hard to get everything approved ASAP. We are supportive of changes being made to the building and would not like any"corners cut" in his process. We want to see his project underway soon, however, our concerns above need to be cleared up before that can happen. again, I am working with Jeff on these, but wanted to keep you in the loop. Margo Mullally 303-818-8521 Messenger Cafe—open for fun 24/7. Hot games, cool activities served daily. Visit now. http://cafemessenger.com?ocid=TXT_TAGHM_AugHMtagline MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 27, 2007 SUBJECT: A request for a Final review of a Major Exterior Alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the Bridge Street Building (a.k.a. "Rucksack Condominium Building"), located at 288 Bridge Street, Lot D, Block 5, Vail Village Filing 1. (PEC07-0039) Applicant(s): Jeffry B. Selby, represented by Jay Peterson Planner: Scot Hunn I. SUMMARY The Applicant(s), Jeffry B. Selby, Charles H. Rosenquist, and Richard N. Brown represented by Jay Peterson, have requested final review for a Major Exterior Alteration in the Commercial Core 1 (CC1) zone district of Vail Village. The Bridge Street Building remodel and addition project includes: o Expansion of Level One (street level) and second level floor area by approximately 460 sq. ft. o Demolition and/or renovation of existing exterior stairs on West (Bridge Street) side of the building o Renovation/Repair of existing stairs and decks on East (Mill Creek) side of the building o Remodel of existing stairwell on South side of the building o Demolition and/or renovation (including code compliance updates) of existing commercial spaces on lower, main and second levels o Renovation and expansion of Level One (street level) commercial space including revised entry o Renovation and expansion of Level Two office space o Addition of new roof element on west side of building and replacement of existing roof materials and assemblies for entire structure o Addition of elevator on North side of building o Removal and replacement of existing building (tenant) signage Final Plan review is requested with regard to master plan recommendations, specific design guidelines and Code requirements applicable to any re- development of this site. To this end, Staff has prepared a written analysis summarizing the requirements and guidelines outlined in: o The Town of Vail Land Use Plan o The Vail Village Master Plan 1 o The Vail Village Urban Design Guide Plan o The Town of Vail Streetscape Master Plan Addendum, and o The Town's Zoning Regulations Requested Outcome The intended outcome of this meeting is for the Commission to take formal action on the development application, citing certain applicable findings and criteria as the basis for approval, approval with conditions, or denial of the application. To this end, Staff's is recommending approval, with conditions, of the Major Exterior Alteration for the Bridge Street Building, as detailed in Section IX of this mema II. DESCRIPTION OF THE REQUEST Purpose of Review The purpose of this meeting is to conduct a final plan level of review relative to the Bridge Street Building project's conformance with relevant zoning and development regulations prescribed for re-development within the Commercial Core Area 1 zone district. Also, the Planning and Environmental Commission will be asked to review the proposal for compliance with applicable master plan documents, as well as any site specific design guidelines outlined in both the Vail Village Master Plan, the Vail Village Urban Design guide Plan and the Town of Vail Streetscape Master Plan Addendum. Project Overview The attached plan sets (Attachment B) submitted by the Applicant generally indicate proposed improvements including but not limited to: Lower Level — Unit C1 (Basement— Currently Joe's Famous Deli) • Code compliance update (sprinkler system) to existing Joe's Deli space Level One— Unit C2 (Street Level — Currently Rucksack Retail Space) • Demolition and remodel to existing exterior materials and architectural detailing • 121 sq. ft. expansion/addition inclusive of an expanded and reconfigured front entry • Addition of elevator on the North side of the building • Relocation of an existing steel stair case on the South side of the building and replacement with heated stone stairwell • Creation of two (2) stone veneer support columns at or adjacent to public right-of-way (Bridge Street) and integrated into the existing Joe's Deli stairwell Level Two— Unit C3 (Currently Real Estate Office Space) • Demolition and remodel to existing exterior materials and detailing inclusive of: new siding, new roof element on west elevation, roof replacement, as well as new trim, fascia, soffits, windows, doors and balconies 2 • Raised roof (ridge and eaves) height by approximately 4' over existing second floor office • 339 sq. ft. expansion/addition on West (Bridge Street) side of building over existing Joe's Famous Deli stairwell • Addition of elevator on the North side of the building • The elimination of exterior staircase and wood balcony structure on the West (Bridge Street) side of building • No change to residential condominium Unit 1 Level Two/Three— Unit R1 (Residential Condominium Unit) • Demolition and remodel to existing exterior — repair and replacement of stucco and vertical board and batten siding, and windows to match all other exterior alterations proposed on north, south and west elevations � Addition of balcony on West elevation • No change to interior space for residential Unit R1 Level Four — Unit R2 (Residential Condominium Unit and Tower of Condominium Unit) • Remodel/Repair to existing exterior— repair and replacement of stucco and vertical board and batten siding (where needed) to match all other exterior alterations (colors) proposed on north, south and west elevation • No change to interior space for residential Unit R2 The Applicant proposes this re-development in order to gain a more functional floor plan by expanding and reconfiguring commercial (retail) and office floor area and raising finished floor levels. No expansion or alteration of residential GRFA is proposed. Therefore, a primary goal of any re-development of this site will be to increase both retail and office space (gross floor area) while bringing the entire building into compliance with current building and/or fire codes and generally improving the exterior appearance of the building. The Applicant has provided calculations on the plans relative to gross commercial/office floor area within the existing and proposed structure. Briefly: Existinq Proposed Increase Total 7,277 sq. ft. 7,737 sq. ft. 460 sq. ft. Of note since the initial (conceptual) review performed by the Planning and Environmental Commission are revisions to the plans for the second level space. The Applicant now proposes to raise the finished floor elevation of the second level office space by approximately 3'-4", thus causing corresponding increases to the height of the roof structure (ridge and eaves) by approximately 4'. As well, the Applicant has revised the plans for a new roof element on the West elevation, changing the form from a clipped gable, to an open gable form in response to conceptual review comments by both Staff and the PEC. 3 Final review of the Bridge Street Building re-development project will address regulations and guidelines provided in the following planning documents: o A maior exterior alteration application pursuant to section 12-76-7 of Title 12, Town of Vail Municipal Code 0 12-18: Nonconforming Sites, Uses, Structures and Site Improvements 0 12-22: View Corridors o Town of Vail Municipal Code o The Town of Vail Land Use Plan o The Vail Village Master Plan; o The Vail Village Urban Design Guide Plan; o The Town of Vail Streetscape Master Plan Addendum III. BACKGROUND The Project The Bridge Street Building re-development project is the comprehensive re- development of Lot D (Parcels 1 and 4, Rucksack Condominiums), Block 5A Vail Village, First Filing. This prominent development site is generally located in the center of the Commercial Core 1 zone district, within the historic Vail Village, at the mid-block section of Bridge Street, adjacent to the Red Lion condominium building. This area is further identified within the "Mixed Use" land use designation of the Vail Village Master Plan (Land Use Plan), and is more specifically addressed as part of the "Commercial Core 1 Sub-Area #3". This sub-area is described (in part) as follows: "The core area, with it's predominantly Tyrolean architecture, is the site of the earliest development in Vail. Over time, a need to upgrade and improve infrastructure such as loading and delivery facilities, drainage, paved surfaces and other landscape features has become apparent. Many improvements to public spaces will be addressed as part of an overall streetscape improvement project. There is a/so the potential to initiate a number of these improvements in conjunction with private sector development projects." Building History and Existing Conditions The Rucksack Condominium building was originally constructed in the early 1960's, has been remodeled several times starting in 1966 to add or expand commercial and residential square footage and was further subdivided in 1978 to create the "Rucksack Condominiums". The combined total area of the site (Lot D) is approximately .0943 acres (4,108.85 sq. ft.) in size. The minimum lot size within the CC1 zone district is 5,000 square feet; as well, portions of the building are built closer to Mill Creek than are permitted by the Town of Vail Supplemental Regulations (12-14-17, Setbacks to Watercourses). For these reasons, the lot is considered legal-nonconforming. Therefore, the lot and structure are considered legal non-conforming and any proposal to either increase site coverage or decrease the distance between the building and the centerline of Mill Creek may require a variance request. No such request is required at this time as the Applicant has revised the plans to remove any encroachments from stream setbacks and has limited any new site coverage to remain under the 80% allowed. 4 View Corridors The Rucksack Building is specifically referenced in Chapter 22, View Corridors, of the Vail Town Code, as a prominent feature identified in (adopted) View Corridor#1. Final Plan Submittal The Applicant has submitted final plans for review. Overall, Staff suggests that the level of detail and information provided for this stage of review by the PEC is generally adequate to discuss overall issues of building design, setbacks and feasibility of the project, as well as any specific concerns or opportunities relative to bulk, mass, building height, exterior materials and detailing and any associated issues of code compliance. Since initial presentation of conceptual plans by the Applicant in July of 2007, the Applicant has done the following to address initial concerns identified by Staff: • Met with the Town of Vail Chief Building Official and Fire Marshal to identify Code related issues relative to proposed building improvements and expansions; code issues remain and shall be resolved prior to or concurrent with any building permit application • Met with Rucksack Condominium ownership to discuss the proposed plans; plans have been revised several times to both address specific concerns presented by residential ownership in the building and bring more of the exterior portions of the entire building into the scope of the remodel project • Provided a building height analysis (per the Vail Village Urban Guide Plan) • Provided a Site Plan showing existing and proposed site coverage • Provided an updated sun/shade analysis reflective of current building roof forms and heights • Revised plans to address architectural issues related to front (Bridge Street) fa�ade, specifically redesigning the proposed (new) gable roof form, window and divided light patterns on the second floor • Revised plans to address issues related to `transparency' at the street level; increased the size of windows at level one commercial space facing Bridge Street • Revised plans to ensure that existing streetscape area between Rucksack and the Ski Bar entrance remains open and functional as an area of pedestrian/street level activity • Revised plans to add higher level of architectural relief and detailing on north elevation IV. ROLES OF THE REVIEWING BOARDS The purpose of this section of the memorandum is to clarify the responsibilities of the Planning & Environmental Commission, Design Review Board, Town Council, and Staff with regard to applications submitted on behalf of the Applicant(s). A. Exterior Alteration/Modification in the Lionshead Mixed-Use I zone district 5 Order of Review: Generally, applications will be reviewed first by the Planning and Environmental Commission for impacts of use/development and then by the Design Review Board for compliance of proposed buildings and site � planning. Planninq and Environmental Commission: The PEC shall review the proposal for: - Conformance with development standards of zone district - Lot area - Setbacks - Building Height - Density - GRFA (if applicable) - Site coverage - Landscape area - Parking and loading - Compliance with the goals and requirements of the Vail Village Master Plan, the Streetscape Master Plan, and the Vail Comprehensive (Land Use) Plan - Compliance with the Vail Village Urban Design Guide Plan and Vail Village Design Considerations with respect to the following: - Pedestrianization - Vehicular penetration - Streetscape framework - Street enclosure - Street edge - Building height - Views - Service/delivery - Sun/shade analysis Action/Responsibility: The Planning and Environmental Commission is responsible for final approval/denial of a Major/Minor Exterior Alteration. The Planning and Environmental Commission shall review the proposal for compliance with the adopted criteria. The Planning and Environmental Commission's approval "shall constitute approval of the basic form and location of improvements including siting, building setbacks, height, building bulk and mass, site improvements and/andscaping." Desiqn Review Board: Action: The Design Review Board has no review authority on a Major or Minor Exterior Alteration, but must review any accompanying Design Review Board application. Staff.� The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with 6 the applicable master plans and site specific design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. � V. APPLICABLE PLANNING DOCUMENTS The following documents and/or specific sections of relevant zoning regulations, ordinances, master plans and design guidelines have (in part) provided Staff with criteria and findings pertinent to the review of this proposal. In certain instances, Staff has highlighted specific key words, sentences or phrases that are specifically relevant to review of the Bridge Street Building. This list is provided for reference and use by the Planning and Environmental Commission while reviewing the proposal and shall form the primary basis for any action by the Commission to either approve, approve with conditions or deny the proposal: Town of Vail Municipal Code, Title 12 Zoninq Requlations Chapter 7 — Commercial and Business Districts, Article B, Commercial Core 1 (CC1) District (in part) 12-78-1: PURPOSE: 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 District 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 tight/y clustered arrangements of buildings fronting on pedestrianways and public greenways, and to ensure continuation of the building sca/e and architectural qualities that distinguish the Village. 12-78-7: EXTERIOR ALTERATIONS OR MODIFICATIONS (in part): A. Subject To Review: The construction of a new building, the alteration of an existing building which adds or removes any enc/osed floor area, the alteration of an existing building which modifies exterior rooflines, the ; replacement of an existing building, the addition of a new outdoor dining deck 7 or the modification of an existing outdoor dining deck shall be subject to review by the Planning and Environmental Commission (PEC) as follows (in part): 1. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the Administrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. 12-78-20: VAIL VILLAGE URBAN DESIGN PLAN (in part): A. Adoption: The Vail Village Urban Design Guide Plan and design considerations are adopted for the purposes of maintaining and preserving the character and vitality of the Vail village (CC1) and to guide the future alteration, change and improvement in CC1 district. Copies of the Vail village design guide plan and design considerations shall be on file in the department of community development. Chapter 18 — Non-Conforming Sites, Uses, Structures and Site Improvements (in part) 12-18-1: PURPOSE This chapter is intended to limit the number and extent of nonconforming uses and structures by prohibiting or limiting their enlargement, and their restoration after substantial destruction. While permitting nonconforming uses, structures, and improvements to continue, this chapter is intended to limit enlargement, alteration, restoration, or replacement which would increase the discrepancy between existing conditions and the development standards prescribed by this title. 12-18-3: SI TES Sites lawfully established pursuant to regulations in effect prior to the effective date hereof which do not conform to the minimum lot area and dimension requirements prescribed by this title for the zone district in which they are situated may be continued and shall be deemed /egal/y established building sites, subject to the site development standards prescribed by this title. No such site shall be further reduced in area or dimensions. 12-18-5: STRUCTUREAND SITE IMPROVEMENT(in part) Structures and site improvements lawfully established prior to the effective date hereof which do not conform to the development standards prescribed by this title for the zone district in which they are situated may be continued. A. Lot and Structure Requirements: Structures or site improvements which do not conform to requirements for setbacks, distances between buildings, height, building bulk control, or site coverage, may be enlarged; provided, that the enlargement does not further increase 8 the discrepancy between the total structure and applicable building bulk control or site coverage standards; and provided that the addition fully conforms with setbacks, distances between buildings, and height standards applicable the addition Chapter 22—View Corridors (in part) 12-22-1: PURPOSE The town believes that preserving certain vistas is in the interest of the town's residents and guests. Specifically, the town believes that: A. The protection and perpetuation of certain mountain views and other significant views from various pedestrian public ways within the town will foster civic pride and is in the pubic interest of the town. B. It is desirable to designate, preserve and perpetuate certain views for the enjoyment and environmental enrichment for the residents and guests of the town. C. The preservation of such views will strengthen and preserve the town's unique environmenta/heritage and attributes. D. The preservation of such views will enhance the aesthetic and economic vitality and values of the town. E. The preservation of such views is intended to promote design which is compatible with the surrounding natural and built environment, and is intended to provide for natural light to buildings and in public spaces in the vicinity of the view corridors. F. The preservation of such views will include certain foca/points such as the Clock Tower and Rucksack Tower, which serve as prominent landmarks within Vail village and contribute to the community's unique sense of place. 12-22-3: LIMITATIONS ON CONSTRUCTION(in part): No part of a structure shall be permitted to encroach into any view corridor set forth in this chapter unless an encroachment is approved in accordance with section 12-22-6. 12-22-4:ADOPTION OF VIEW CORR/DORS (in part): A. View Point #1: A view from the south side of the Vail Transportation Center from the main pedestrian stairway looking toward the Clock Tower, 232 Bridge Street, the Rucksack Tower, 288 Bridge Street, and beyond to the ski slopes. (Please see Attachment D —pg. 19) 12-22-6: ENCROACHMENTS INTO EXISTING VIEW CORRIDORS (in part) An application for approval to encroach into an existing view corridor may be initiated by the town council on its own motion, by the planning and environmental commission on its own motion, [or by application of any resident or property owner in the town,] or by the administrator or his/her designee. 9 12-22-7: NONCONFORMING STRUCTURES (in part) A. Removal Of Encroachments Encouraged; Exceptions: Any structure which presently encroaches into an existing view corridor which was lawfully authorized by ordinances or regulations existing prior to the effective date hereof may continue. However, such encroachments will be encouraged to be removed as part of any remodeling or reconstruction of the structure. In the case of certain foca/ points, such as the Clock Tower and Rucksack Tower, the town recognizes their importance to the character of Vail Village and to the quality of the urban design of the Vail Village. Notwithstanding their nonconforming status, the town does not encourage their removal. 12-22-8: HEIGHT LIMITATIONS (in part): If the maximum height allowed in any zone district within the town differs from the height permitted by a view corridor, the more restrictive height limitation shall apply. (In this instance, the Applicant should provide additional information relative to maximum heights to be dictated by established view corridors as compared with the building height restrictions set forth in the Vail Village Urban Design Guide Plan). Vail Land Use Plan The Vail Land Use Plan was initiated in 1985 and adopted in 1986 by the Vail Town Council. The main purpose of the Land Use Plan is two-fold: 1. To articulate the land use goals of the Town. � 2. To serve as a guide for decision making by the Town. The Vail Land Use Plan is intended to serve as a basis from which future land use decisions may be made within the Town of Vail. The goals, as articulated within the Land Use Plan, are meant to be used as adopted policy guidelines in the review process for new development proposals. In conjunction with these goals, land use categories are defined to indicate general types of land uses which are then used to develop the Vail Land Use Map. The Land Use Plan is not intended to be regulatory in nature, but is intended to provide a general framework to guide decision making. Where the land use categories and zoning conflict, existing zoning controls development on a site. Goals and Policies (in part): 1.0 General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercia/and recreationa/uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 10 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). 2.0 Skier/Tourist Concerns 2.1 The community should emphasize its ro/e as a destination resort while accommodating day skiers. 3.0 Commercial 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both/ocal and visitor needs. 3.5 Entertainment oriented business and cultural activities should be encouraged in the core areas to create diversity. More nighttime businesses, on-going events and sanctioned "street happenings"should be encouraged. 4.0 Village Core/ Lionshead 4.1 Future commercial development should continue to occur primarily in existing commercia/areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved thorough implementation of the Urban Design Guide Plan. 4.3 The ambiance of Vail Village is important to the identity of Vail and should be preserved. (sca/e, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) 5.0 Residential 5.1 Additional residentia/growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 11 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Vail Villaqe Master Plan The Vail Village Master Plan is based on the premise that the Village can be planned and designed as a whole. The Vail Village Master Plan is intended to be consistent with the Vail Village Urban Design Guide Plan, and along with the Guide Plan, it underscores the importance of the relationship between the built environment and public spaces. Furthermore, the Master Plan provides a clearly stated set of goals and objectives outlining how the Village will grow in the future. Goals for Vail Village are summarized in six major goal statements. While there is a certain amount of overlap between these six goals, each focuses on a particular aspect of the Village and the community as a whole. A series of objectives outline specific steps that can be taken toward achieving each stated goal. Policy statements have been developed to guide the Town's decision- making in achieving each of the stated objectives. The Bridge Steet Building is located within the Commercial Core 1 Sub-Area #3 of the Master Plan. The Vail Village Master Plan is intended to guide the Town in developing land use laws and policies for coordinating development by the public and private sectors in Vail Village and in implementing community goals for public improvements. Further, the Master Plan is intended to serve as a guide to the staff, review boards and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with such development. Contained within the Vail Village Master Plan are goals for development in Vail Village. The goals are summarized in six major goal statements. The goal statements are designed to establish a framework, or direction, for the future growth of the Village. A series of objectives outline specific steps toward achieving each stated goal. Policy statements have been developed to guide the Town's decision-making in achieving each of the stated objectives, whether it be through the review of private sector development proposals, or in implementing capital improvement projects. (Listed in part): Goal #1 Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. 1.2 Obiective: Encourage the upgrading and redevelopment of residential and commercial facilities. 1.3 Obiective: Enhance new development and redevelopment through public improvements done by private developers working in cooperation with the Town. 12 1.3.1 Policv: Public improvements shall be developed with the participation of the private sector working with the Town. Goal #2 To foster a strong tourist industry and promote year-round economic health and viability for the Village and for the community as a whole. 2.1 Obiective: Recognize the variety of land uses found in the 10 sub- areas throughout the Village and a/low for development that is compatible with these established land use patterns. 2.2 Obiective: Recognize the "historic" commercial core as the main activity center of the Village. 2.2.1 Policy: The design criteria in the Vail Village Design Guide Plan shall be the primary guiding document to preserve the existing architectural sca/e and character of the core area of Vail Village. 2.4 Oblective: Encourage the development of a variety of new commercial activity where compatible with existing land uses. 2.4.1 Policy: Commercial infil/ 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. 2.5 Obiective: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. 2.5.2 Policy: The Town will use the maximum flexibility possible in the interpretation of building and fire codes in order to facilitate building renovations without compromising life, health and safety considerations. 2.6 Oblective: Encourage the development of affordable housing units through the efforts of the private sector. 2.6.1 Policy: Employee Housing; units may be required as part of any new or redeveloped project requesting density over that allowed by existing zoning. Goal #3 To recognize as a top priority the enhancement of the walking experience throughout the Village. 3.1 Objective: Physically improve the existing pedestrian ways by landscaping and other improvements. 13 3.1.1 Policv: Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways. 3.1.3 Policv: Flowers, trees, water features and other landscaping shall be encouraged throughout the Town in locations adjacent to, or visible from, public areas. Goal #4 To preserve existing open space areas and expand greeenspace opportunities 4.1 Obiective: Improve existing open space areas and create new plazas with greenspace and pocket parks. Recognize the different roles of each type of open space in forming the overall fabric of the Village. 4.1.2 Policv: The development of new public plazas, and improvements to existing plazas (public art, streetscape features, seating areas, etc.) shall be strong/y encouraged to reinforce their roles as attractive people places. Goal #6 To insure the continued improvement of the vital operational elements of the Village. 6.2 Objective: Provide for the safe and efficient functions of fire, ' police and public utilities within the context of an aesthetically pleasing resort setting. 6.2.2 Policv: Minor improvements (landscaping, decorative paving, open dining decks, etc.), may be permitted on Town of Vail land or right-of-way (with review and approval by the Town Council and Planning and Environmental Commission when applicable) provided that Town operations such as snow removal, street maintenance and fire department access and operation are ab/e to be maintained at current levels. Special design (i.e, heated pavement), maintenance fees, or other considerations may be required to offset impacts on Town services. Vail Villaqe Urban Desiqn Guide Plan This Guide Plan represents collective ideas about functional and aesthetic objectives for Vail Village. Diagrammatic in nature, the Guide Plan is intended to suggest the nature of improvements desired. It is based on a number of urban design criteria determined to be appropriate for guiding change in the Vail Village. The Guide plan is intended to be a guide for current planning in both the public and private sectors. The Guide Plan establishes the Clock Tower building within the Gore Creek Drive/Bridge Street Sub-Area. 14 Town of Vail Streetscape Master Plan -Addendum The Vail Village and Meadow Drive Streetscape projects represent the strategic steps of a 20 year planning effort to upgrade and enhance the physical character and pedestrian experience in Vail. These projects develop the concepts originating from previous planning efforts (1991 Town of Vail Streetscape Master Plan) into a comprehensive and complete streetscape design. VI. ZONING ANALYSIS Staff has completed a zoning analysis of proposal in relation to the land use requirements outlined in Title 12, Zoning Regulations of the Vail Town Code: Street Address: 288 Bridge Street Parcel Number: 210108244003 Zoning: Commercial Core 1 (CC1) zone district Land Use Plan Designation: Mixed Use Current Land Use: Mixed Use Development Development Standard Allowed/Required Existinq Proqosed Buildable Lot Area: 5,000 sq. ft. (min.) 4,108.85 sq.ft. No Change Setbacks: None Required (or unless specified otherwise in the WMP) * Building Height: 60% at 33 ft. or less 50% No Change 40% at 33 ft. to 43 ft. 43% No Change Density: DU's- 25 D.U.s/acre 2 No Change dwelling units AU's- 50 A.U./acre None None GRFA: 80% or Unknown No Change 3,287.08 sq. ft. Site Coverage: 80% (max.) or 3,287.08 sq. ft. 2,986 sq. ft. 3,274 sq. ft. Landscape Area: Per the Vail Village Urban Design Guide Plan Parking: Pay-in-Lieu (12-76-17) Loading: 1 berth (<=10,000 sq. ft.); None None plus 1/every 5,000 sq. ft. over 10,000 sq. ft.; or, 6 berths (3 total per section 12-10-15)** 15 Notes: * Setbacks vary around the development site depending on the location of the "build-to-line" specified in the Vail Village Master Pian; Section 12-14-17, Setbacks to Watercourses, Vail Town Code, stipulate a 30'setback to the centerline of Mill Creek. "* Total berths required for multiple use loading facilities per credit granted pursuant to section 12-10-15. VII. SURROUNDING LAND USES Land Use Zoninq North: Mixed Use Development* Commercial Core 1 (CC1) South: Mixed Use Development* Commercial Core 1 (CC1) East: Mill Creek (T.O.V. Parcel) Outdoor Recreation (OR) West: Mixed Use Development Commercial Core 1 (CC1) Note: * Adjacent buildings located to the north and south of this site (zero lot line)will be impacted by this proposed redevelopment; Applicant will be required to meet all code requirements relative to zero lot line development and the Applicant is advised that coordination with adjacent property owners will be critical to the successful re-development of this site. VIII. REVIEW CRITERIA AND FINDINGS 12-78-7: EXTERIOR ALTERATION OR MODIFICATIONS 6. COMPLIANCE WITH COMPREHENSIVE APPLICABLE PLANS: Compliance with Comprehensive Applicable Plans: It shall be the burden of the applicant to prove by a preponderance of the evidence before the planning and environmental commission that: 1. The proposed exterior alteration is in compliance with the purposes of the CC1 district as specified in section 12-7B-1 of this article; Staff response: Staff believes that the proposed exterior alteration is in compliance with the purposes of the CC1 zone district. 2. The proposal is consistent with applicable elements of the Vail Village Master Plan, the Town of Vail Streetscape Master Plan, and the Vail Comprehensive Plan; Staff response: Staff believes that the proposed exterior alteration is consistent with all applicable elements of the Vail Village Master Plan, the Town of Vail Streetscape Master Plan, and the Vail Comprehensive Plan. Specifically, the remodel proposes high quality redevelopment while preserving, in general, the unique architectural scale of the Village in order to sustain its sense of community and identity. Further, the Vail Village Master Plan calls for variation in roof heights within a range of allowed building heights; this proposal meets this intent (to create variation in roof heights) by providing a new open gable roof form on the West (Bridge 16 Street) elevation. Lastly, the proposal preserves existing "activity pockets" along Bridge Street as identified in the Town of Vail Streetscape Master Plan. 3. The proposal does not otherwise negativety alter the character of the neighborhood; Staff response: Staff believes that the proposed exterior alteration does not otherwise negatively alter the character of the neighborhood. The addition and exterior remodel, when viewed in context with surrounding development, is consistent with and/or will improve the quality and design characteristics of the surrounding neighborhood. Specifically, the forms (in general), materials and detailing of the proposed improvements are consistent with the surrounding built environment. Further, view corridors will not adversely be impacted, and a sun/shade analysis has been provided demonstrating that the additions will not significantly increase shadow patterns within adjacent public spaces. , However, Staff recommends that the following issues remain outstanding and must be addressed by the Applicant prior to or concurrent with any building permit submittal Integration of exterior remodel design and materials The Applicant only proposes to change exterior materials on the front portion of the building (south, west and north elevations). All other portions of the building (excluding the roof elements which will receive new DaVinci composite shakes) are to be updated via paint, new light fixtures and refurbished and or replaced decks and railings. Staff suggests that the Planning and Environmental Commission review all proposed exterior materials, textures, sizes, colors and detailing relative to the entire building to ensure that all new materials blend or compliment those materials not being replaced and that any portions of the building that need repair and/or replacement are included in the scope of this project. Exterior Signage The Applicant will be required to submit plans for a comprehensive exterior sign program pursuant to Section 11-8-2, Vail Town Code, prior to installation of any new signs on the building. Exterior Lighting Although the plans submitted generally call out proposed locations for new light fixtures, staff suggests that the Applicant be required to submit a detailed and final lighting plan, showing all existing light fixtures to be removed, as well as all new fixture locations, fixture types and lumens/output. Such plan should be accompanied by cut sheets for each proposed fixture. 4. The proposal substantially complies with the Vail Village Urban Design Guide Plan and the Vail Village Design Considerations, to include but not be limited to, the following 17 urban design considerations: pedestrianization, vehicular penetration, streetscape #ramework, street enclosure, street edge, building height, views, service/delivery and sun/shade analysis; and, Staff response: Staff believes that the proposed exterior alteration, in general, substantially complies with the Vail Village Urban Design Guide Plan and the Vail Village Design Considerations, specifically with the following applicable design considerations: Pedestrianization Streetscape Framework Street Enclosure Building Height Street Edge Views Sun/Shade However, Staff believes that the following applicable design considerations should be further studied and resolved: Roof Overhangs Although the Applicant has responded to several issues related to the architecture based on either previous PEC concerns and/or issues of code compliance since conceptual review, Staff suggests that the Planning and Environmental Commission review all new proposed roof forms, composition and specifically averhangs visible from the street level as an outstanding issue. Specifically, while the plans call for appropriately scaled (3'+) overhangs around the building on the South, East and North elevations, the overhangs on the West (Bridge Street) elevation are between 1'-2'. The Applicant proposes the new cantilevered space on the second floor (over Joe's Famous Deli) as an "overhang" at the pedestrian level (therefore enhancing the street enclosure); Staff sees the merit in this interpretation of the Guide Plan, yet points to the Vail Village Urban Guide Plan which specifically states (in part): "Generous roof overhangs are also an established architectural feafure in the Village — a traditional expression of shelter in alpine environments." "Roof overhangs typically range 3 to 6 feet on all edges." The Guide Plan also states (in part): "Canopies, awnings, arcade and building extensions can all create a pedestrian focus and divert attention from upper building heights and `canyon'effect." It is apparent, then, that the master plan provisions for the Vail Village specifically identify elements of alpine or "Tyrolean" architecture that are 18 integral and important to preserving the distinctive design character of the Village. As well, the Guide Plan calls out certain architectural treatments (canopies, awnings, and building extensions) that enhance the pedestrianization and street enclosure aspects of the built environment. The Applicant has, through the presentation of plans showing a deep cantelevered "extension" above the street level, made a compelling argument that the building, as proposed, complies with the stated design considerations. Therefore, Staff recommends that the Planning and Environmental Commission review this particular aspect of the building's architecture in light of both the Applicant's goal to expand floor space (and therefore increase functionality and marketability of office space within the Vail Village) as well as the stated purpose and specific guidelines provided within the Vail Village Urban Guide Plan. Service and Delivery Staff suggests that the Applicant review the proposed trash enclosure (located on he North side of the building) and access strategy with the PEC. Although this trash "enclosure" or storage area has historically been used in the same location for several years, it has come to the attention of Staff that continued access over adjacent Lot C may require execution of an access easement agreement between the Owners of Lots D and C (unless the Applicant can provide evidence of "open and notorious" adverse possession under Colorado law). Otherwise, Staff suggests that the Applicant investigate alternative locations/solutions for trash removal and storage for this site. One alternative may be to resolve access issues (required for building code compliance as well) behind the building and behind and through adjacent properties to the North to allow for a new loading and delivery area at the rear of the building 5. The proposal substantially complies with all other elements of the Vail Comprehensive Plan. Staff response: Staff finds that the proposed exterior alteration complies with all other elements of the Vail Comprehensive Plan. However, Staff recommends that the following issues remain outstanding and must be addressed by the Applicant prior to or concurrent with any building permit submittal: Building and Fire Code issues The Applicant must work with the Town of Vail Chief Building Official and Fire Marshal relative to existing and proposed types of construction, as well as proposed uses, occupancy loads, access/egress and exterior � materials. Issues related to egress from a public exit at the rear of the building are to be resolved prior to any submittal for building permit; egress via land (over parcels A, B, and C to the north) or over Mill Creek via a proposed bridge structure must be resolved to the satisfaction of the Town of Vail. 19 IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approve, with conditions, the Major Exterior Alteration for the Bridge Street Building. Staff recommends the following suggested conditions: 1. The Applicant shall resolve, to the satisfaction of the Town of Vail Chief Building Official and/or Fire Marshal, any and all issues related to egress from a public exit at the rear of the building prior to any submittal for building permit. 2. The Applicant shall be required to provide a building code and fire code analysis with any submittal for building permit, 3. The Applicant shall address any and all issues related to trash storage and access located on the North side of the Bridge Street Building (a.k.a. The Rucksack Building) in conjunction with any Design Review application. 4. The Applicant shall resolve all issues regarding drainage from the existing and proposed building on to adjacent properties; the provision of gutters, dawnspouts and other drainage methods may be required as revisions to building permit set of drawings with any building permit application. 5. The Applicant shall ensure that all new materials, sizes, textures, detailing and colors blend or compliment those materials not being replaced and that any portions of the building that need repair and/or replacement are included in the scope of this project in conjunction with any Design Review application. 6. The Applicant shall submit a Design Review pplication for any and all new exterior signage for the property; a sign program pursuant to Section 11-8- 2, Vail Town Code will be required. 7. The Applicant shall be required to submit a detailed and final lighting plan, showing all existing light fixtures to be removed, as well as all new fixture locations, fixture types and lumens/output; such plan should be accompanied by cut sheets for each proposed fixture in conjunction with any Design Review application. X. ATTACHMENTS A. Vicinity Map B. View Corridor Image—View#1 C. Guide Plan Compliance Analysis by Applicant . D. Reduced Plan Set E. Letter from Mill Creek Condominium Association, represented by Ross Davis Jr. 20 Attachment A Bridge Street Building <Lot D,Block 5A,Vail Yillage Filing 1 (288 Bridge Street) Planning and Environmental Gammission -August 27,2007- � �. � � ��.. �� tF � u � ��� �v�a� ��-�� �� � s"'x ii i��''�n;� � �`� � �;�"`�` �__ �;. � . , � rr. � �:_ ,. w _... . � - �� " . ` �J: s: � y �, t-* *�' . �';$.. ��`�k_' � g_ ZtG�'Mh A�i w�C s,a. ��p i� .i. M �� � t ,� � ���i `�:..�P p _ _ _.. ; _ .'.��y, .y, �:�` �'� �� °��� � }� ,�w ���_ Subject°Slte ��> ��:'�� �' � a q� K I �d Inr` I ���; �' Y �� � � ����� ��,���� II3.:: �nSl�n;. -�. �(� �`�� j; g '1�k R 4 �_�, =� �..�.- r" #::; 33; ; e -d"d, � _F� � °�: ° a� � � � � � '. �= �.-�. : 'a �'.,.5��� � � hk i � �� � ;�q�a � � -� "'� +*�°. w� � P� �` �u� .: v� �` � � e m �.,.,..aa.�»r°';�"�°-•p".,":".a aa»:«:":.^.';:.".:`<�:M �., _ .�.�...�...<.�ti_�....,�,.� 21 Attachment B _ __ _ #1 , f 1 �# � p '�� t A � es *,`; e � s�`�,ca�' T ..:� � � �� ����, �" �. �.Ati ,, , 22 �" `' `"' ' `''�`' ` ' "�' FRITZLEN PI�RCE ARCHITECTS �.�,i 1�,�x� !- l€,,:..���, il�.�k�,.:;.�,.t 1 c i i2c°, z �°��. I'�!, ���,�"r�(r �:.;°���c: VAIL,COLORADO � t1 ai�;yi r . �:}ii f '������f>er July 22, 2007 BRIDGE STREET BUILDING (FORMERLY RUCHSACK BUILDING) LOTS C AND D, BLOCK SA, VILLAGE FIRST FILING COMPLIANCE WITH VAIL VILLAGE URBAN DESIGN GUIDE PLAN PEDESTRIANIZATION The proposal does not affect the street width. VEHICLE PENETRATION The proposal does not affect the current penetration of vehicles. STREETSCAPE FRAMEWORK The adjacent, recently installed planters remain unchanged. The new fa�ade will create new commercial activity and add life and visual interest along Bridge Street. The removal of the upper level access stair from the Bridge Street fa�ade will improve visual communication between the retail uses and the pedestrian. STREET ENCLOSURE The existing building is two stories high when viewed from the street while the "back" of the building incorporates an important visual landmark, the Rucksack Tower. The issue of street enclosure applies only to the Bridge Street fa�ade. The proposed building will remain two stories, with shorter and taller buildings adjacent and across the street. The proposed changes maintain the desired '/�-1 ratio of height to width. STREET EDGE The proposed building maintains a close relationship to the street, activity pockets, and the slightly irregular fa�ade lines desired by the Urban Design Plan. FRITZLEN 1,3•-E?1 � E�;ii: '. 1( ��i�it�i� i ��:iri�9 w�t.'-I, P I E R C E `v tttl.i.c+'i?t<€ci[t%s'i�._ f�; 4i;'t-.<?P;.{�.5�"W 1: c�?;i�.?fi,�$riE`)! E tirt°cr<t c ztl:�r::EttE� :i�;;t�rti ����,C�,.�r=rix�rc•i;it�;�:t��•��,i� �����f� �� Attachment C FRITZLEN PIERC:E ARCHITECTS VAIL,COLORADO BUILDING HEIGHT The proposed redevelopment complies with the Building Height Restrictions with the exception of the existing landmark Tower at the east end of the property. VEIWS AND FOCAL POINTS The proposal preserves the landmark "Rucksack Tower" described in the regulations. SERVICE AND DELIVERY The proposal provides on-site trash storage and it is assumed that delivery will be provided through the nearby loading facility at the new "Front Door" project. SUN / SHADE In that the volume and height of the new building is nearly the same as the existing building there is little change in the shading characteristics of the new building. A Sun / Shade analysis has been provided. ARCHITECTURAL / LANDSCAPE CONSIDERATIONS ROOFS ROOF FORMS AND PITCH The proposal includes a series of roof forms and dormers as requested by the Design Guidelines. The primary roof slope on the existing building is about 3/12. The primary roof on the new building will match that slope to minimize conflict with existing views and to minimize shading of adjacent properties. The proposed dormer has greater roof slope (7 3/a in 12) implying that the entire roof is steeper. OVERHANGS The existing roof has a wide variety of roof overhangs varying from 4 inches (at the north side of the proposed elevator which is adjacent to the property line) to 6 feet. The proposed roof will maintain this variety and consideration has been paid to snow retention and runoff. All newly FRITZLEN ! �;L�1��>t���ii �.�llt'y i)E�it� I�.itri,9°�i'—i, P I E R C E �":ii�.C.E?=t)!£!i'i?:ii c`'•i' �, t:.,�F 1 ;f,a ' I, i.... ?t,_ :-#:_ t'_ �3?t:i.���?Ei.-'d=)i;i ( ir�':�rr ti cii:�c.(�iE�:�.t�.ii;r€� �,�1�«.v<,i!<irc:l:it:;:,:t,c,�a�� FRITZLEN PIERC:E ARCHITECTS VAIL,COLORADO constructed roof areas will have gutters to direct roof runoff to the public stortn sewer. The roof structure is expressed on the fa�ade and a wide facia is proposed at all new roof construction. COMPOSITIONS AND STEPPED ROOFS The proposal provides a series of individual simple roof forms and includes preservation of the landmark Rucksack Tower. The roofs step to reduce the building height along Bridge Street. MATERIALS Due to current regulations that exclude combustible roof surfaces our proposal is to install non-combustible artificial shake roofing materials. CONSTRUCTION The new roof areas will be "super insulated" and have a cold roof component as well. Snowslides onto pedestrian walks will be prevented by retaining the snow on the new roof areas and heated gutters will be installed to direct roof drainage to the storm sewer. FACADES MATERIALS The material palate will be the same as the existing building, a combination of stucco and vertical wood siding. Stucco will predominate on the lower levels with wood siding being used above that in most cases. Stone veneer, of a character that is consistent with the scale and color palate of the building, will be added to the composition. Where stone comes in contact with newly installed streetscape improvements the veneer will be compatible with those improvements. COLOR The proposed color palate will be rich and lively but in subdued hues to compliment the natural surroundings. The entire building will exhibit a consistent color palate and upper and lower floors will generally provide a distinction in color and material. High chroma colors will be used for signage and accent only. FRITZLEN S :`>s + tl=3i: 3 i(';-1�<€ � ';1r?ci ii_�-1, P I E R C E U,�<I.L.�:=h.:r<c.:i=`�;���' !.l ,S.C'•, "t;.{q�.i-�' ��, l),'�l.`?�`�?.'�4 L�E3.:. E it3sir rr t�i1:�'.(tttw�;tt;:3tta ��,�h��.l�,ilt�sc�l it6;�t;.��=��3 FRITZLEN PIERLE ARCHITECTS VAIL,COLORADO TRANSPARENCY Building Code restrictions limit the amount of transparency possible except on the Bridge Street fa�ade. On this fa�ade, the transparent store fronts are intended to be "people attractors". The relocation of the existing upper level access stair goes a long way toward achieving this goal. The transparency on the street level falls within the recommended guidelines. The upper level along Bridge Street is intended to be a professional office and the proposal intends to create a visual connection between these spaces and the pedestrian street but the transparency on the upper level is less than on the commercial facade. WINDOWS Bridge Street drops several feet along the length of the property. The interior space is quite deep compared to the length of area that can receive openings (approximately 24 feet) which is regulated by the Building Code. It is desirable to provide as much pleasant natural light to the interior spaces as possible. For these reasons the proposal does not meet the strict guidelines of the Urban Design Plan. The Plan does state that "Ground Floors which are noticeably above or below grade are exceptions". This property is appropriate for this exception and clearly meets the intent of the goal of providing the desired connection between the pedestrian street and the retail space within. The entire storefront area is only about 24 feet wide and is composed of rectangular and square windows that maintain the desired sense of intimate pedestrian scale suggested by the Guidelines. The new wood windows will have a painted metal clad exterior surface. Wood trim is installed between and around the windows in accordance with the Guidelines. DOORS The only entry door to the retail space is slightly recessed off the pedestrian street to provide a welcome, covered, and sheltered access. The door is entirely glass to increase the visibility of people and merchandise inside the store and exceeds the minimum transparency level suggested by the Guidelines. There is a door from the street that provides access to an elevator that provides ADA access to the upper level office space. This door is solid to avoid conflict and confusion with the access to the retail space. FRITZLEN Ih „I��:t,E�'s�i:� �11 °,-l?ri�c,i���:1�;t1;c(_'-i, P I E R C E �':Itl.C`E)'i?YEti:f;�.�'�.{'S1 . }�: `J�"t'.=:;"fi.{?a=�,�� l: c)?(3:$?fi.=liis): f-� �r�i<r r � Gi1:�r:1�iEu ts b cr���� i�to'�t.�r:i[ti[cl�itet:ts:;i`.tit FRITZLEN PIERC:E ARCHITECTS VAIL,COLORADO DECKS AND PATIOS , BALCOIVIES There is little opportunity to provide outdoor covered patios along the pedestrian street. What decks that are anticipated are a story above the pedestrian street and generally screened from view. ACCENT ELEMENTS A colorful awning above the primary retail windows will add color and festivity to the street fa�ade. LANDSCAPE ELEMENTS The property participated in the recently completed Streetscape Improvement Plan on Bridge Street that enhanced both hard and softscape elements, on and off-site. SERVICE Trash Storage is being provided on-site, east of the proposed elevator. Deliveries will come from the central delivery facility located at "Vail's Front Door". FRITZLEN �':;;#�� � �z�-�ii 0 3il,�y t.}rt �:iri�ist;t�-i, P I E R C E 1,a,.i.C. 7 t 0� i���' 1'' 'i`., `fi.�z;�-�:'.. �-��. �'�.'ti.:;.'?�>,.:;tj(3; �: cr�r�.r ft t G li�"i.i�tF at�;;�_;r�� ��i;ti�.;-<�i Is�rc}t i��::t,;;i;rn � � � � � � � � � a i� i� I� i I II / , 1 � � - � _ ___ _ _ �- � /��_ TI00 I���XI��INI.✓ �I�� I �/"lN PLAN NORTH � � � � V � D AUG 21 2007 TOWN OF VAIL �f z_ o�� �5_ m�m�� �o�oo W o�= �L � � m FRITZLEN P I E R C E A2CHITECTS �,51�T'E PLANF� TI00 , � � C� C� � ��1 �� ` � � � au� 2 � zool % / -�4K,� �,_v�_ ,�.� _ _ _ �� / I � _-_ wa�... ,� ------ _ _ _ _ _ � �,� ,� ����� �� ���,��. '___ � - - m_� I � 1 C ��-.,.,.�.._.�..,, . ___ I � F r 6 =_-: [_+_] o � t-x-� � ��,^ h_a_1l � o' ' __ __�� \ � --, - � � ...... �� �� °'� I . � �i I Wi,v i��] � d Ik I � 0 _, 'rF�. � =i_J I .a.. _____ ~��_J I . �aN �__ �� � J p � 1 .ai+3Si � _—__—L——�__ __ _�"'�` � II — 'A."" \ �,.»..o.. �� � .e.�c.wer..�..m....aa... �.arE I II I I 2 �X��TINC� ����M�NT ���/�� �'��+N � T�oo �,e.._,_o / / i i i i �----- _ � _ � �__y , ;, , . � , � �- -� w. �_+_ � o � r_x-� ; .��. .�..�..�.. ����1'I I .�.-w,.m � �,,,�,. � Z � �go �>_ m>¢C a �xN0_' ���J` �.�..��� U°- �� �°: m I . .w,. ��,m I i 0 � '°""»'^ .,,,.b„.. F R I T Z L E N � P I E R C E �I J '_______-______�__�__-__ __ I I ARCHITECTS � I ��TM I I V;;:f-BASEMENTF�A� I////���'v\ � ����IvI�N� ��V�I� ��1`�N (��O�0��1✓/ �FLOORPLANS' /� T200 I/H��_��_��� PLAN NORTH I ��� � i� .m,..�, ke 5 � I � � �XI�TIN� 1=.��/�l� ON� �I�AN T�o� �,e ,,_o. j / / / I ` � I i �L��/�� ON� �LOOi� ���,N �i�o�D���) T201 i/e"=i'_o" PLAN NORTH V ���v �;o m>9�; i��w �'x��� �m�- w�� U<- �� c�° m FRITZLEN P I E R C E ARCNITECTS �'��LEVEL�ONE��� PLANS T��I Y-� �TM PLAN NORTH � ��i�i liv� i��'v�i� i'v`v0 r°i��iv T�o� �,8..�,_o, �— � ���y _ _ _ _ _ , � , w.,.�.�.. --—-- �( � �i .+��,. --�c= i 'r- •'�'i:-F'S" ��+ ��_ � �.�.�.b....., _ �rr =i �� �L-ln' I �-� � -- � I " � 1 � ����� �wo ��oo� ���N ���o�o���� T��2 Ve.._,�-�.. A2CHITECTS ��f���LEVEL TWO�mm PLANS T�O� � , D � �� � c � � �'V� I� AUG 21 2007 ������ ���= ����, 2 Roo� ���N (�i�o�o���� T�03 Ve^=ro�. PLAN NORTH 1 I ��� �� �! U Z° ��� m;4�= �V¢�c �o��� wa�- U°- �� —� �� m FRITZLEN P I E R C E ARCHITECTS ��.ROOF PLANS'n' T�o� �..., r� �J l� IJ V � � i U I� I AUG 2 �- 2007 I � `� � ������c��vr�c�� v��e� ..�r�� 0 = •' - _ - - - • ,. _ , , o ; _ .����������������� ! ° i�!II"❑�'�111111 � ��� �����!!!l������ ° � ����� ����� . . < ° �` ' � + m o m o m m m o i�iiii�geolllll= _ IL II //�►�—� � ►, �II�II��`�����l�l�il�ll�Il��""�- '! '��`����u��� I��i����E!l��jlill•l:�:�:�1lii:�.�� 11 11 %IIII� � . �' m � �,�i � •-ui�li m uu ,�� � � aI I s �W%I �W� �II / IIIII � \% IIAII��!_ � -�■� �I IIIII�' IIIII I��������l�I'���'III I I��- ��� " L= �I ,,, I ��:" `�'�` ��I�uu�ii��uui����uu�imiiiiiiiu���l�i i�li nu�ii � ° °I�I <r �III` � �� ���s: m -- - m �i:!! _�t�i � = � ;II��-"' m ililiiiliililiillil�ll����uuii��iu =1�1� I,_����I�;I - �= m ___--�l— ,�� � �� - �—- m � 1��1��1 = - ��-_. �� � NORfiI� �I���/�fiION i�ROPOa�I�) �a� �o� �,e =�_o. PLAN NORTH ;;� Is � !� �^V� ��y _ ���� � ��. AUG 21 2007 2 �XI�TINC� �oUTi� ����/A�ION T302 Ve",i'_o.. .,.�:.—— ,�.._.�;.—— nm,.,�.—— �..,.�,.—— .,.�—— _��. — � '�—— ..e...,.,�s•—— �a:�--— ,�.,.�.���.--— ..i..�.�e��� - �VV�V ��!CA!L --- � � �ouT+� ���v�,�ioN ��ROPO���) T302 va.=r-o�� PLAN NORTH ��� �,�..wu p.w.�.�.��.�. �� �....,..�.��.a�s�.�..w ..,.�,...� �....K..��... ��..�..�„ ', �__ , �..,� , .,,....a.,.,......s.,.�. , .,�,�w.�.�. , .�._�.,�...�..�...,�. , .�..�.w_�.,,._ � °"°°'"°""°` F R I T Z L E N � �,.,..�. i �.� PI ERCE i �.�.� ARCHITECTS �'f50UTHm�' ����ELEVATIONS'� T�O� U Z° �uw �>_ m-aoo F"2 V�G ��o �,�� U?V> �� � J m � PLAN NORTH I �XI��IN� ��'l�J� �1��Y�TI�N r3o3 ve��=r-o•� � ���� ������ioN ���o�o���� ,�o� �,e.,,-o. �.�. .�._._, .�„�. .�..e. -�.� -��.� ��.��, •'�e:�::`� •-��9.,�,_. �a.��".�.�. D � � � � MIC �,�� I � i '' , I� (��; AUG 21200i j�l�� �i l� ; ,�� �. ; �,-����a1 ��- ,,���� M � �.�y�� , ��.,,�....�,a..,��. , .�,.�.��..�..� , ���� , ,e.,...,.�..��,�...��.�.�..� � �. , ......,,..��.a,�_o„�e..� , �...�v.�. , ,�..�K,.��... , .b,�,.�...�n � —.- , .�..� � �.�.,�...,....M�. , ,.�A_.��,�.. , .,�....�.�.p..�.�,_ , �.�..�..�.�_.. , �.,._� , .�._, � �- 7 a.�, 7 �..� q �,.rt,.�.. 7 ,...��.,�.�.. 9 -m- 7 W�,�,�, 7 �.r.m.�.a.a..�, 7 a.,....�„e., � ...�..�,,.m,. V Z� �u~ ��u' m iao6 �o� �-,x�oc � W d;- U°- �� _o �J m FRITZLEN P I E R C E A2CHITECTS '��^EAST^A `��ELEVATIONS• T�O� � �XI�iINC� W��fi �1���/�iION �04 �,e._,-o. .,.,�:.—- ,�.�;.—- .mR,�u:.—- .,.nti�• - .e.,Kr;�w—- ,.,.:�°�;.—- � "�,.�._�'� - �w.,�sa�•—- ,.m.;��� - ,e.,...,.,.�Y;;•—- .�..�.�—_ 2 YV�.�J� ���V��I�IV (������1��/ T304 I/B"=i'-o" PLAN NORTH � � ��i � IJ �V/ I� ry i ,o !�� ��,�.� � �I AUG 21 2007 �� �Tn� �J '�: �� �.oF�.�� ,. � �'������� �.e i��;� =_-- o �"�:;:�� o �...�,..�..,�..,. o �...�,��.�..v o _..�..��... o �..,.u,,...W,.�...R�.�.��.m,.�m o b� o _..,�A�...,.A.�..�...� om.,.,�,,...e. o „�...k,.��. o �2,.�..,,�. o .,... o ,��� o ........�.,......»,.,�, o ,�,A_.��.�.. o .,.�....�,�..,..�.�,m. o ,�..�..�_�a,�» o .�,._.�,� o .�� O � � a,.� o ��,_� o �,.,��. o ,....�.�,.,.w O �-m- � ro.�..�.a, p ...w.�..�.�, p ..,.,....e�, � ...�.�� 0 ��....�..«...�� V Z� �w� ��o m;_�; �Y�Jw w o�_ U°- �: _o �- ' m FRITZLEN P I E R C E ARCHITECTS pI6WE5T R ��ELEV ATI ONS•� T��"f rc� Ng �A K m 8j�3 8r� � ' � � I� � �� �� AUG 21 2001 -r�v��v �F vAi� � PLAN NORTH � �#�I��i� �.���U��,TION� TOVI 3/I6"=I'-O" U Z� �i J u'w �5_ m-°'c� �—Y�'Ow ���oc W o �¢ � m FRITZLEN P I E R C E ARCHITECTS ���+HEIGHTM1� GALGULATI ONS' Tovi .n a,� Fas.F��� — I�l �� ; !� � �j I � � P�v,N NoRrH , l� �� i� � `�✓' ►� �� 111:� � ;! �;� ; AUG 21 �OO f i i ! _ , , ,. �, � ; ����r�� � e s�� �� � � TR�N�P�R�N�Y ��I��U��TION� TOV2 3/16"=I'-O" Z� �u� ��� m>p°= N o��s wo - U°— 0: —o �J m FRITZLEN P I E R C E ARCHITECTS u�RANSPARENG�" GALWLATIONS 2 TOV� .n.o'��r• _- .�...e��r��r�——' .�.m�f:• —� .a.,,.�.�.""—ei:-• —_ ,e..,�.'�'—-- ��'�'�•—-� ,.��. - ..�w.,�,.—- ,..:i�--- .�n.�.—- ..,�.�- - � PLAN NORTH � �_ ����J �-� D !� � j; � AUG 21 2001 � � ��� �� �� � , �3��. �� ,� ;�� _ � i�'!�B�oo, .�oF�.�� � �g.�4 7 i b°�'. R;��F .R.. __' � i. �` �� p:. . ��: . ____ U Z° �u~ �go m s�o; ���oc W c; U°- �: �j m FRITZLEN P I E R C E ARCHITECTS `•RANSPARENG,} GALGULATIONS � fif�AN�P�R�N�Y �A��U�ATION� To�� �,e..,-o. TO�/� e� �i�fA�OW �C�UINOX �PM U Z� � ;�� m_��: ti��J° U==� / 0: �� m � � � Fx,�r,��s�A�»s�,��ow nuortiorvn�reovnseo s�innesHnoow FRITZLEN P I E R C E AkCHITECTS 1 � `��SHADOW M1 �ro.r�ra �Y Ec?UINOX ,•z � eio �I�I�DOW �QU I NOX I OAM To�4� �,e,,-o \ / PLAN NORTH TO Y�.I , , � ; � / / i � D � � � � � � � AUG 21 2007 -�-,� , �,: , ,����,�3 �-_ � � ��� � _ __....�._� t.., .�. '-___ ��f�Ai�OW �OL��I�� 2fi�M rova. va ,,o. � / / / y , � I I I J EXISTIN(;5lIADC/.511�1)(JW � .4[I�ITIONAI VHOOU.`�FIJlH.4UF:IHAD()W U Z° �� J� —5 u'= �>_ m=xo� u°� F—x,�o� cn��_ w o �o —a � m FRITZLEN P I E R C E ARCHITECTS SHA�OW �nR„� � SOLSTIGE �I�`� 5��4��,��:1 �Cl��fil�� IO�M �U To�4 �,B =,-o. \ / PLAN NORTH �Y�' n iL i � � PLAN NORTH �. C, i G � 'c�' i�� AUG 2 � 100i 4 �����9 �'f F..Y�.!`.. V Z� �� J - ��ur m�=oE �°w ����_ U°=� �� �°. m FRITZLEN P I E R C E ARCHITECTS ±°ROOF , � \ / u ^*� G `�OVERHANGS�T� / I����� �V���lf'IIV�.�J TOVS 3/16":I'-O" \/ T� Y � D � � � � � � �� AUG 2 � �0�7 ! �1 !� � � ���� C ti , V Z° �u~ ��u^ m>�ow N oNJw W o� �o_ —o �J m FRITZLEN P I E R C E ARCHITECTS +'ROOF "'"TM �OVERHANGS�mm � %I�ROO� OV��i°f�N�� 70V6 i�e°.r-o^ \ / PLAN NORTH TO Y� D �� � � � � �1 � AUG 21 2001 �G'�� fi::�� �:�_�r� �� � , � � r � il i / I i I I � Site Coverage Calculation SiM Ama aov4 sylC ........... Allrnv SIt��Cm-erage xo°�o�. Allow Site Covernge Topl 3L]5.2 sq(t. � Exi�ti�ig Site CownRe �� i'1Nf���..q(1. �� Rema�ing 5 te Cmorage �. zR9 1 sqtt. Pro�med snc eow�rrge ��� txn�yft .. ......... R naining 5[e Coverage Ak r&��nton� 1 L�syle... V Z° ��� j;�N m;=o� �Y�o� ��� w or Q� �� m FRITZLEN P I E R C E ARCHITECTS � SITE.,��� ���� ��.� GOVERAGE ' I ��fi� �.0�/�RA�� �.A��� TOVi 3/16"=I'-O" P�AN NoRT� TO V 7 (�i �� ���, � // , � � ; i J Site Coverage Calculation .�w,.m, „�.�.� � �,� ,�,-,w. � ��,c, .m. �� _a„m, i� � I���a� �� AUG 21 2001 7"�Vift� C��= ��1I� U Z° � J�� ��= m am�� N oN�o U?=> �� �� m FRITZLEN P I E R C E ARCHITECTS '1^�51 TE`�,,,', ra�«,w ��GOVERAG'E��� � i �I�� �.OV�RA�� �.���.� To..B �,e =,-o. \ / PLAN NORTH ��v t° / / / / � - - � � I � *o a� I V I �� I� C� � � �!l � � D� � ' AUG 2l 2007 E �i E ;e�«- �° � „�,� / �:�.�.o E.�s����.�"���::.� � � �``y I/ � I� �� / O'4-i/4' I rtlsi/'Rd IF_Yr—�I IF-—����—1� � '°0' �C-711C-�� �. �r�711r���� I - — ��,;�::����� �����7�� �E F —�— o > o �� ° �"=----- __— — � � I � � I I � PLAN NORTH I �����M�NT I��V�� �R�A A�N��Y�I� TOV9 3/16"=I'-O" U �V w �?� m—m C o � v�G �a�oo V== �: �= m FRITZLEN P I E R C E A2CHITECTS ����,BASEMENTA�,� �LEVEL AREA ANALY515 T��-I � / � � � � �� �, ��Ii� � AUG 2 ? �OOi � � i �� � � y ei n�4.., dr � . . .. � . a 'nres. / IF�ooR a+o�.oae s..,�a I U Z� � J �J�' m�moE �oG ��rvoe W o , Q,�- — o � J m � I fRITZLEN I I P I E R C E ARCHITECTS ��VLEVEL ONE���m \ / ^�7 ^ ^ ^ G AREA �RTM ��Y�� ON� i�l\�7�1 l�lNl��Y�I.�J ANALY515 TOVIO 3/Ib"=I'-O" \ / PLAN NORTH TO V I O i `+,�-,� I� (G ,� � �V� ;lil; ' �;�� AUG 21 200� ;' e. E�, ��, _ � � _ � �.�.�E � � � ! ' I ► i z� o�~ >>= m;m�; ��,w �x�oo v�o�_ w o 0 0- � m � � FRITZLEN I I P I E R C E ARCHITECTS �I�LEVEL TWO�/�' � I \ / ^ ^ ^ ^ GG AREA �RTM / I�l��Y �� TWO i���i� /�NP't�Y�JI�J ANALY515 TOVII 3/16"=I'-O" \ / PLAN NORTH TO Y I I _ _ - __ __ _ � . _ _ _� _ , ¢ _`�� I 4 _C . __ �� � � • • ,. I ! � �� \� �� / . .�— � `_ ���— �II � � �_.��,..__ ...� .. ''� . ��. y4� � '��" �I �o�a.�o� I� � VIClNlTY MAP '� � � :G�c resoo . �_'—__—'_--'—_ re"ER^�oics. a a.w �.,cc a 2�ipo�>��a:��P`o.,w,�,.>.„c�w.a„��.00.. ^.��.� sue�'sA s� n oo��.,o TME a�s.�� .p�o�W E;FO --_ ��� :�ua - ��sg .�u�o sue.c�xc.wc. Ff�'��NAIlAMO _ I'`o�•�— acccPnw�>._____—__—�— rs�-w.�nR�.3.i cE__ _'_—or,�E ui/mG f _ �,�. m : �� � : _,,,_ ._ m - - - - � o � _ - - - i � m ._ �...Y_-- .ua ��au � �rveunr �.� . � e rt MONUMENT LECEND LAND SURVEY PLAT RUCKSACK CONDOMINIUMS SECTION 8, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE 6th P.M. TOWN OF VAIL, COUNTY OF EACLE, STATE OF COLORADO LIIRVE TABLE c s� xuuev.=euof,�e»o.s\ EL E G .. . . \ 2059 55 LINE TA�LE iim�x.w .._..``� n� LNE ENLIn BE Gw E13 35 �- Ela E � Ft5 5 a \ b \ \ \ \ \ \ \ \ \ �\ iue Wo E"oo��>w \ \ o.,,, \ \ \ \ \ \ \ \ GRAPHIC SCALE '�—�.�_._��.... �o l IN rrno i m�n= ,1M BY�.IVK 0 108 No.Oi/13/M 8:OB/2B/0'! SNEEf 1 0(1 � � � ll V � ROSS DAVIS, JR. D ATTORNEY AT LAW AUG 16 2007 VAIL PROFESSIONAL BUILDING SUITE 223 953 SOUTH FRONTAGE ROAD WEST T►w�U��P''� �.�;° �It�l�E... VAIL, COLORADO 81657 `�"'"""""•'""_. ....,._�.�.,a_.� 970-476-2414 FAX 970-479-0467 August 15, 2007 rossdavisjrQqwest.net Mr. Scot Hunn ���'iRiliTii.u`i Oi rr.,vii?ii'.ililiiy�i�J�,iU�lli�ili Town of Vail 75 South Frontage Road Vail, CO 81657 Re: Rucksack Building Modifications Dear Scot: This office represents the Mill Creek Court Condominium Association and it has come to the attention of the board of directors of the association that an application for substantial modifications to the Rucksack Building, 288 Bridge Street, Vail, Colorado, has been filed. I understand that the application is by Jeffrey Selby, represented by Jay Peterson. The board has requested that I represent them in connection with this matter, and I would like to meet with you in order to review the proposed plans, particularly in connection with their impact on my association's adjoining property. A proposed bridge over Mill Creek connecting to their property is a major concern. If possible can you send me a copy of the application and plans, either by facsimile or email attachment. I understand that the matter is set for a hearing on August 27, 'L007. Please place my office on all applicable notification lists. Thank you for r r att tion to this matter, if you have any questions. Sin e y s, s vi , . Attachment E 1 � TOwN OF VAI� � Department of Community Development 75 South Frontage Road [Tail, Colorado 81657 970-479-2138 F�IX 970-479 2452 www.vailgov.com August 3, 2007 Fritzlen Pierce Architects Attn: Bill Pierce 1650 E.Vail Valley Drive Faliridge, Unit C-1 Vail, C0. 81657 RE: Bridge Street Building—Final PEC Submittal Comments File No. PECO7-0039 Bill, Staff has completed a review of your recent submittal for a Major Exterior Alteration of the Rucksack building. As a result, Staff has identified the following issues and concems relative to the overall completeness of the submittal. Specifically,certain required information is either missing from the submittal, or is presented in a format that is inadequate to allow Staff and the Town of Vail Planning and Environmental Commission to carry out a final plan level of review. In addition, several of the outstanding issues listed below have been identified in previous meetings between Staff and the Applicant,or are items specifically identified by the PEC as needing to be addressed prior to any final submittal. Issues/lnformation Outstandinq (incomplete submittal) 1. Site Survev:while the plan sets include a survey reproduced on FP title block,the Town of Vail requires a true survey,for the parcel(s),complete with surveyor's certificate and signature: 2. Site Plan/Site Coveraqe Analysis:while different sheets of the plans depict general existing and proposed site improvements, please be reminded that a Site Plan should be provided on a separate sheet, inclusive of all existing and proposed site improvements. In addition,the Site plan should clearly indicate existing and proposed site coverage—this item was previously requested and/or listed on previous Staff memos as ar�outstanding issue. 3. Buildinq Heiqht Analysis:while plans have been submitted showing roof ridge elevations over "existing"topography, please be reminded of requirements listed in the Town of Vail Urban Guide Plan;specifically the Plan restricts building heights within the Village Core and sets forth certain percentages of allowable building heights. An analysis of the total percentage of the building(with new roof form)heights around the structure will be required. 4. Verification of Joint Propertv Owner Siqn-Off:for Town of Vail records, please provide evidence that Jeffrey B. Selby,signatory for the Rucksack Condominium Association(as listed on the submitted Joint Property Owner Written Approval Letter,does in fact represent 80% ownership pursuant to paragraph 12 of the Condominium Declaration for The Rucksack Condominiums. ��a RECYCLED PAI'ER Additional Issues and Concems Pedestrian Bridge Regarding the required Site Plan, Staff suggests that further details are needed to adequately assess the appropriateness of any proposed pedestrian bridge over Mill Creek.Although Staff understands that this is merely a concept to address building and/or fire code compliance, more detailed information will be required prior to any further review pertaining to construction of the proposed bridge at or near the identified 100-year floodplain,as well as details of how such pedestrian connection will integrate with existing grades on the east side of Mill Creek. In this regard, please also address the viability of providing enhanced and/or required egress over portions of Lots A, B, and C to the north of Parcel 1. Site Coverage Staff reminds the Applicant that information regarding total site coverage has been requested previously and has not been provided on the final plan submittal set of drawings. This information will be required prior to any further review of the proposed plans. The Commercial Core 1 zone district permits a maximum of 80% site coverage; it is quite possible that existing site coverage exceeds this maximum,and that a vanance may be required for any additional site coverage(new stair case and associated walls/columns). New Staircase and Site Walls Staff requests that further information be provided regarding the potential impact(s)of the proposed staircase construction as it relates to properry lines and the existing spruce tree located on Lot E to the south of Parcel 4. Specifically, staff questions the likelihood of survival of this significant, existing tree given the proposed location(s)of the stair case wall,and any required footings/excavation; any footings and/or excavation necessary to construct the wall may impact or encroach upon adjacent property.As well,the proposed height of the staircase walls and associated/integrated columns on the south property line of Parcel 4 will most likely impact the tree, necessitating limbing of a significant portion of lower tree branches. In addition, Staff suggest that the proposed improvements(site wall and column/trellis structure associated with the staircase and new entry)adjacent to Bridge Street and between the Rucksack building and the Red Lion building are contrary to Guide Plan goals and objectives. Specifically,the low site wall proposed between the staircase and the column will effectively cut off pedestrian circulation befinreen the two buildings (and storefronts)and interrupt an existing "activity pocket". Staff suggests that this particular design element be studied to better comply with the objectives of the Guide Plan. Roof Form and Overhangs As previously discussed with Staff and PEC members,the proposed clipped gable roof form proposed to face Bridge Street is contrary to the considerations of listed in the Guide Plan. Specifically,the Plan states: "Roofs within the Village are typically gable in form and of moderate-to-low pitch. Shed roofs are frequently used for small additions to larger buildings. Freestanding shed roofs, butterfly roofs and flat roofs can be found in the Village but they are generally considered to be out of character and inappropriate. Hip roofs likewise are rare and generally inconsistent witf►the character of the Core Area.Towers are exceptions, in both form and pitch,to the local vemacular style, which should be respected." The proposed clipped gable form,while not a true hip, is not well supported by the Guide Plan; nor is a clipped gable form prevalent within the fabric of the Village Core area. In addition,the Plan calls for generous overhangs, ranging from 3-6 feet. As discussed previously, although staff understands the code- driven intent to maintain proposed roof forms and overhangs associated with the second level expansion within the property line(s),the proposed west elevation overhang appears to be approximately 2'/z—3'and 2 — therefore falis short of compliance with the stated architectural guidelines of the Plan. Staff maintains that opportunities exist to revise the plans to incorporate an open gable form, perhaps with lower pitch and with more substantial overhang on the west elevation. Window Transparency and Balconies Although Staff agrees that the proposed main(pedestrian)level windows facing Bridge Street meet the intent of the transparency guidelines suggested in the Guide Plan,specifically listing the percentage of transparency on the plans or as part of an analysis of compliance with the Plan will be helpful in any final plan review. As previously discussed,the Guide Plan encourages the integration of balconies on second level farade walls. As stated in the Plan, balconies"give scale to buildings;give life to the street(when used); add variety to building forms; provide shelter to pathways below." Staff maintains that an opportunity exists to integrate a balcony structure into the Bridge Street fa�ade,while setting the second level back slightly from the street to create a larger overhang. With regard to the scheduled final plan review(File No. PEC07-0039),scheduled before the PEC on August 13, 2007, Staff suggests that the Applicant request that this file be tabled to the regularly scheduled PEC meeting of August 27, 2007, in order to all the Applicant additional time to address issues of submittal completeness,a potential variance request and outstanding issues of non-compliance with the Urban Guide Plan. In an ongoing effort to work with you and your client, Staff is available to meet with you at your earliest convenience to discuss this submittal and the review process moving forward. Please tlon't hesitate to contact me at(970)477-3551 or shunn jvailqov.com. Regards, � ,� Cc: Jay Peterson George Ruther Scot Hunn Warren Campbell Senior Planner File No: PEC07-0039 Town of Vail Community Development Department 3 ������. ��� � . �a-r�i2 t.��.t� v�rn��- -�- �t�ri,�r �—_ 2. -'�.�dt(.V2 �,�`f�Lt.�A�-S - �t-G o'�L ���NLI'N� � `��[YUl��t3YZ�i_. , � - ' wttit� P.r�,c.• �n,�.�C�� — t�c� �ro�ct� ,, � . � ��t-�,,•� — ����m� o� �-�� .�.�o,.�- � � . �u� � �,��- � _ � ,� .. �. -�zo �c:�--��r� wY�►-uc-+ �ou�rtS �-�, ���" 1 � /� / ., �l'� . .L- --�- 1 N�'�dl��, �L?Cl�s['1�I" �� 1 � 1 , 'T-t�'' . � J' ., (� .. ,- �SO�f � � '� � ., -� , , � �,p.,�c. Lso� s��p� -�.L. ����� ��u. Uw� ���� ��� .: �v�✓n2c�N -�'e=r�s-c�--�'no . , — c.� -t-z� c�r�z �>c�a-1 - , '�C11vt'E-St'�- Gr�rlrWi.�..l� t-- .,�,`��: � wt�tx �.E��G A'PJ�c-t�hlTc�,rzd���3 .. l • ��v�p� � —l��.�- ! � � ''1,� ��� — S fT�t(����—Uc�����s�" '�` 1' �� J ,� � O � , , 3• tS - fo � dJ�2- 2v3 ,,. � . !3�t�i.c.��� d�lb G��_�.�.-��- �I1C3-�- ___ ✓ LOµ��2tJVl �}t�i1�-l� '�-r-✓t--r -l�t��SS 'fi� `IS.�NL-"�� �x.��}� � '� `\ A�-�-v ����1►sz�- �� .�,�� ��,�-�n.� �a��s� �,�� ���- ��,��� _ �� � _ o�- <<.��u�s � . . �-viA��-�,�- � G�an�, �3 v - �s „- t��i��c? -� t'�p�TYi�Ar�� ��trt�� � — t�T "� !�[�t�( ��'IY'� t�r1.+A.t�S1S• � � ��Z �'�w tt�-t�-E- .� �ci12A�t� . i��J e► �xtux�t���--r - SIS- � ����. -- ls � t"" S�p.�'�R,�l'l��c.— � — t�l,� - - - '�.r�tl�t�lt.u� an-�A�.��4�,p. _- �� �C �0�'1�� t u.Gn�;�a's�i- c�.4�-i- ���� � TL1�Ir � - � i2o� ��n,,# _ �j� �,�su� _ a t��. << � � ra-��,��. ,� � �� ►���s�-- ,�.� ��?,.4C(�_ � � � W1L�-,.^ ' �. O f�VF�L-�F�'t,C?S — ��a1� �`��5� - aL3'1'S"(�i��1J ltsZ.�' � -� ' o� � �� o Ga.�vrs� � -�a ��*--c�l/��+��trv��,►�rs c� �.c.u��L . � u l� —fi�L�t.�,5(� . 1 q -- (�,� , � y�M.�'��.�G� � �lJ�l.l��C�� y"'7- "A'"''Cl.� �,r-r,� 2.CE1 ������'LtGT o S t�"� C�o�r�fII�AE.��- -- 80�G �1�- —_ .-s S-n�Il,V��1�� . ___ _ �-._� e � __ - o �-���t-�t+�.�l.o�—• ���—� ,n� �� ��a-�Z����. o ���� � 3, V�1 tc, u l.(,L�o►C� -�`�'�L- �� a �c'z�va-I�� '. ( r � . . , MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 9, 2007 SUBJECT: A request for a work session to discuss a Major Exterior Alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the Bridge Street Building (a.k.a. "Rucksack Condominium Building"), located at 288 Bridge Street, Lot D, Block 5, Vail Village Filing 1. (PEC07-0039) Applicant(s): Jeffry B. Selby, represented by Jay Peterson Planner: Scot Hunn I. SUMMARY The Applicant(s), Jeffry B. Selby, Charles H. Rosenquist, and Richard N. Brown represented by Jay Peterson, have requested a work session with the Town of Vail Planning and Environmental Commission to discuss the proposed plans for a Major Exterior Alteration in the Commercial Core 1 (CC1) zone district of Vail Village. The Bridge Street Building remodel and addition project includes: o Expansion of first (main) and second level floor area by approximately 723 sq. ft. o Demolition and renovation of existing exterior (above grade) stairs, entry and exterior materials; o Demolition and renovation (including code compliance updates) of existing commercial spaces on lower, main and second levels; o Renovation and expansion of first (main) level commercial space including revised entry; o Addition of new roof element on west side of building and replacement of existing roof materials and assemblies for entire structure; o Removal and replacement of existing building (tenant) signage. Discussion is requested with regard to master plan recommendations, specific design guidelines and Code requirements applicable to any re-development of this prominent site. To this end, Staff has prepared a written analysis summarizing the requirements and guidelines outlined in: o The Town of Vail Land Use Plan o The Vail Village Master Plan o The Vail Village Urban Design Guide Plan o The Town of Vail Streetscape Master Plan Addendum, and o The Town's Zoning Regulations 1 � t II. DESCRIPTION OF THE REQUEST Purpose of Worksession The purpose of this meeting is to discuss how this remodel and addition proposal compares to the zoning regulations prescribed for development within the Commercial Core Area 1 zone district, master plan documents, as well as site specific design guidelines outlined in both the Vail Village Master Plan, the Vail Village Urban Design guide Plan and the Town of Vail Streetscape Master Plan Addendum. Project Overview The attached plan sets (Attachment B) submitted by the Applicant generally indicate proposed improvements including but not limited to: Lower Level — Unit C1 (Basement— Currently Joe's Famous Deli) • Code compliance update (sprinkler system) to existing Joe's Deli space Level One— Unit C2 (Street Level — Currently Rucksack Retail Space) • Demolition and remodel to existing exterior materials and architectural detailing • 289 sq. ft. expansion/addition inclusive of: expanded and reconfigured ground floor commercial space and new front entry • Addition of elevator on the north side of the building and adjacent to Bridge Street • Relocation of an existing steel stair on the south elevation and replacement with heated stone stairwell • Creation of two (2) stone veneer support columns at or adjacent to public right-of-way (Bridge Street), and integrated into the existing Joe's Deli stairwell, necessary for proposed Level Two expansion Level Two— Unit C3 (Currently Real Estate Office Space) • Demolition and remodel to existing exterior materials and detailing inclusive of: new siding, new roof element on west elevation, roof replacement, as well as new trim, fascia, soffits, windows, doors and balconies • 434 sq. ft. expansion/addition (Bridge Street/west side) to existing Office use • Addition of elevator on the north side of the building and adjacent to Bridge Street • The elimination of exterior staircase and wood balcony structure on the west (Bridge Street) elevation • No change to residential condominium Unit 1 Level Two/Three— Unit R1 (Residential Condominium Unit) • Demolition and remodel to existing exterior — repair and replacement of stucco and vertical board and batten siding, win to match all other exterior alterations proposed on north, south and west elevations • No change to interior space for residential Unit R1 2 Level Four — Unit R2 (Residential Condominium Unit and Tower of Condominium Unit) • Demolition and remodel to existing exterior — repair and replacement of stucco and vertical board and batten siding to match all other exterior alterations proposed on north, south and west elevation • No change to interior space for residential Unit R2 In addition, the Applicant has provided calculations relative to gross commercial/office floor area within the existing and proposed structure (Attachment A). Briefly (in part): Existinq Proposed Increase Total 7,277 sq. ft. 8,000 sq. ft. 723 sq. ft. Of note is the second floor expansion of existing office space (towards Bridge Street) and the corresponding addition of a new gable roof element on the west elevation, as well as the proposed expansion of first level commercial space and corresponding changes to the existing front entry and staircase to the second level located on the south side of the building. The Applicant proposes this re-development in order to gain a more functional floor plan and improve retail and office operations on the site; no increase to residential GRFA is proposed. Therefore, a primary goal of any re-development of this site will be to increase retail space functionality, increase usable office square footage, bring the building into compliance with current building and/or fire codes and to generally improve the exterior appearance of the building. Requested Outcome The intended outcome of this meeting is for the Commission to have a greater understanding of the regulations, guidelines and standards affecting re- development within the CC1 zone district and to allow the Commission, Applicant and public an opportunity to comment on the project's potential benefits and impacts. While the Commission will not be taking formal action on the development application at this time, the Staff and the Applicant are requesting that the Commission provides: 1) Input and direction to the Applicant on the issues related to the proposal; 2) Specific or additional review requirements for the impending review and approval processes. To this end, the Bridge Street Building re-development project includes the following primary application and review component(s) and considerations: o A maior exterior alteration application pursuant to section 12-76-7 of Title 12, Town of Vail Municipal Code 0 12-18: Nonconforming Sites, Uses, Structures and Site Improvements 0 12-22: View Corridors o Exemption Plat Review Procedures pursuant to Chapter 12, Title 13, Town of Vail Municipal Code 3 o The Town of Vail Land Use Plan o The Vail Village Master Plan; o The Vail Village Urban Design Guide Plan; o The Town of Vail Streetscape Master Plan Addendum III. BACKGROUND The Bridge Street Building re-development project is the comprehensive re- development of Lot D (Parcels 1 and 4, Rucksack Condominiums), Block 5A Vail Village, First Filing. This prominent development site is generally located in the center of the Commercial Core 1 zone district, within the historic Vail Village, at the mid-block section of Bridge Street, adjacent to the Red Lion condominium building. This area is further identified within the "Mixed Use" land use designation of the Vail Village Master Plan (Land Use Plan), and is more specifically addressed as part of the "Commercial Core 1 Sub-Area #3". This sub-area is described (in part) as follows: "The core area, with it's predominantly Tyrolean architecture, is the site of the earliest development in Vail. Over time, a need to upgrade and improve infrastructure such as loading and delivery facilities, drainage, paved surfaces and other landscape features has become apparent. Many improvements to public spaces will be addressed as part of an overall streetscape improvement project. There is also the potential to initiate a number of these improvements in conjunction with private sector development projects." The Rucksack Condominium building was originally constructed in the early 1960's, has been remodeled several times starting in 1966 to add or expand commercial and residential square footage and was further subdivided in 1978 to create the "Rucksack Condominiums". The combined total area of the site (Lot D) is approximately .0943 acres (4,108.85 sq. ft.) in size. IV. ROLES OF THE REVIEWING BOARDS The purpose of this section of the memorandum is to clarify fhe responsibilities of the Planning & Environmental Commission, Design Review Board, Town Council, and Staff with regard to applications submitted on behalf of the Applicant(s). A. Exterior Alteration/Modification in the Lionshead Mixed-Use I zone district Order of Review: Generally, applications will be reviewed first by the Planning and Environmental Commission for impacts of use/development and then by the Design Review Board for compliance of proposed buildings and site planning. Planninq and Environmental Commission: The PEC shall review the proposal for: - Conformance with development standards of zone district 4 - Lot area - Setbacks - Building Height - Density - GRFA (if applicable) - Site coverage - Landscape area - Parking and loading - Compliance with the goals and requirements of the Vail Village Master Plan, the Streetscape Master Plan, and the Vail Comprehensive (Land Use) Plan - Compliance with the Vail Village Urban Design Guide Plan and Vail Village Design Considerations with respect to the following: - Pedestrianization - Vehicular penetration - Streetscape framework - Street enclosure - Street edge - Building height - Views - Service/delivery - Sun/shade analysis Action/Responsibility: The Planning and Environmental Commission is responsible for final approval/denial of a Major/Minor Exterior Alteration. The Planning and Environmental Commission shall review the proposal for compliance with the adopted criteria. The Planning and Environmental Commission's approval "shall constitute approval of the basic form and/ocation of improvements including siting, building setbacks, height, building bulk and mass, site improvements and landscaping." Desiqn Review Board: Action: The Design Review Board has no review authority on a Major or Minor Exterior Alteration, but must review any accompanying Design Review Board application. The Design Review Board does however make a recommendation to the Planning and Environmental Commission on any deviations proposed to the architectural design guidelines prescribed in the Vail Village Master Plan as well as the Vail Village Urban Design Guide Plan. The DRB is responsible for evaluating the proposal for: - Architectural compatibility with other structures, the land and surroundings - Fitting buildings into landscape - Configuration of building and grading of a site which respects the topography - Removal/Preservation of trees and native vegetation - Adequate provision for snow storage on-site - Acceptability of building materials and colors 5 - Acceptability of roof elements, eaves, overhangs, and other building forms - Provision of landscape and drainage - Provision of fencing, walls, and accessory structures - Circulation and access to a site including parking, and site distances - Location and design of satellite dishes - Provision of outdoor lighting - Compliance with the Vail Village Urban Design Guide Plan and design considerations Staff.• The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the applicable master plans and site specific design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: Actions of Design Review Board or Planning and Environmental Commission may be appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the Planning and Environmental Commission or Design Review Board erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. V. APPLICABLE PLANNING DOCUMENTS Town of Vail Municipal Code, Title 12 Zoninq Requlations Chapter 7 — Commercial and Business Districts, Article B, Commercial Core 1 (CC1) District (in part) 12-78-1: PURPOSE: 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 District 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 sca/e and architectural qualities that distinguish the Village. 6 12-78-7: EXTERIOR ALTERATIONS OR MODIFICATIONS (in part): A. Subject To Review: The construction of a new building, the alteration of an existing building which adds or removes any enc/osed floor area, the alteration of an existing building whicfi modifies exterior rooflines, the replacement of an existing building, the addition of a new outdoor dining deck or the modification of an existing outdoor dining deck shall be subject to review by the Planning and Environmental Commission (PEC) as follows (in part): 1. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the Administrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. 12-78-20: VAIL VILLAGE URBAN DESIGN PLAN (in part): A. Adoption: The Vail Village Urban Design Guide Plan and design considerations are adopted for the purposes of maintaining and preserving the character and vitality of the Vail village (CC1) and to guide the future alteration, change and improvement in CC1 district. Copies of the Vail village design guide plan and design considerations shall be on file in the department of community development. Chapter 18 — Non-Conforming Sites, Uses, Structures and Site Improvements (in part) 12-18-1: PURPOSE This chapter is intended to limit the number and extent of nonconforming uses and structures by prohibiting or limiting their enlargement, and their restoration after substantial destruction. While permitting nonconforming uses, structures, and improvements to continue, this chapter is intended to limit enlargement, a/teration, restoration, or replacement which would increase the discrepancy between existing conditions and the development standards prescribed by this title. 12-18-3: SITES Sites lawfully established pursuant to regulations in effect prior to the effective date hereof which do not conform to the minimum lot area and dimension requirements prescribed by this title for the zone district in which they are situated may be continued and shall be deemed legally established building sites, subject to the site development standards prescribed by this title. No such site shall be further reduced in area or dimensions. 7 12-18-5: STRUCTURE AND SITE IMPROVEMENT(in part) Structures and site improvements lawfully established prior to the effective date herefo which do not conform to the development standards prescribed by this title for the zone district in which they are situated may be continued. A. Lot and Structure Requirements: Structures or site improvements which do not conform to requirements for setbacks, distances between buildings, height, building bulk control, or site coverage, may be enlarged; provided, that the enlargement does not further increase the discrepancy between the total structure and applicable building bulk control or site coverage standards; and provided that the addition fully conforms with setbacks, distances between buildings, and height standards applicable the addition Chapter 22 —View Corridors (in part) 12-22-1: PURPOSE The town believes that preserving certain vistas is in the interest of the town's residents and guests. Specifically, the town believes that: A. The protection and perpetuation of certain mountain views and other significant views from various pedestrian public ways within the town will foster civic pride and is in the pubic interest of the town. B. It is desirable to designate, preserve and perpetuate certain views for the enjoyment and environmental enrichment for the residents and guests of the town. C. The preservation of such views will strengthen and preserve the town's unique environmental heritage and attributes. D. The preservation of such views will enhance the aesthetic and economic vitality and values of the town. E. The preservation of such views is intended to promote design which is compatib/e with the surrounding natural and built environment, and is intended to provide for natural light to buildings and in public spaces in the vicinity of the view corridors. F. The preservation of such views will include certain focal points such as the Clock Tower and Rucksack Tower, which serve as prominent landmarks within Vail village and contribute to the community's unique sense of p/ace. 12-22-3: LIMITATIONS ON CONSTRUCTION (in part): No part of a structure shall be permitted to encroach into any view corridor set forth in this chapter unless an encroachment is approved in accordance with section 12-22-6. 12-22-4: ADOPTION OF VIEW CORRIDORS (in part): A. View Point #1: A view from the south side of the Vail Transportation Center from the main pedestrian stairway looking toward the Clock Tower, 8 232 Bridge Street, the Rucksack Tower, 288 Bridge Street, and beyond to the ski slopes. (Please see Attachment D— pg. 19) 12-22-6: ENCROACHMENTS INTO EXISTING VIEW CORR/DORS (in part) An application for approval to encroach into an existing view corridor may be initiated by the town council on its own motion, by the planning and environmental commission on its own motion, [or by application of any resident or property owner in the town,] or by the administrator or his/her designee. 12-22-7: NONCONFORMING STRUCTURES (in part) A. Removal Of Encroachments Encouraged; Exceptions: Any structure which presently encroaches into an existing view corridor which was lawfully authorized by ordinances or regulations existing prior to the effective date hereof may continue. However, such encroachments will be encouraged to be removed as part of any remodeling or reconstruction of the structure. In the case of certain foca/ points, such as the C/ock Tower and Rucksack Tower, the town recognizes their importance to the character of Vail Village and to the quality of the urban design of the Vail Village. Notwithstanding their nonconforming status, the town does not encourage their removal. 12-22-8: HEIGHT LIMITATIONS (in part): If the maximum height allowed in any zone district within the town differs from the height permitted by a view corridor, the more restrictive height limitation shall apply. (In this instance, the Applicant should provide additional information relative to maximum heights to be dictated by established view corridors as compared with the building height restrictions set forth in the Vail Village Urban Design Guide Plan). Vail Land Use Plan The Vail Land Use Plan was initiated in 1985 and adopted in 1986 by the Vail Town Council. The main purpose of the Land Use Plan is two-fold: 1. To articulate the land use goals of the Town. 2. To serve as a guide for decision making by the Town. The Vail Land Use Plan is intended to serve as a basis from which future land use decisions may be made within the Town of Vail. The goals, as articulated within the Land Use Plan, are meant to be used as adopted policy guidelines in the review process for new development proposals. In conjunction with these goals, land use categories are defined to indicate general types of land uses which are then used to develop the Vail Land Use Map. The Land Use Plan is not intended to be regulatory in nature, but is intended to provide a general framework to guide decision making. Where the land use categories and zoning conflict, existing zoning controls development on a site. 9 Goals and Policies (in part): 1.0 General Growth/Development 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. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of deve/opment should be maintained and upgraded whenever possible. 1.4 The original theme of the o/d Vil/age 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). 2.0 Skier/Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day skiers. 3.0 Commercial 3.4 Commercia/growth should be concentrated in existing commercial areas fo accommodate both/ocal and visitor needs. 3.5 Entertainment oriented business and cultural activities should be encouraged in the core areas to create diversity. More nighttime businesses, on-going events and sanctioned "street happenings"should be encouraged. 4.0 Village Core/ Lionshead 4.1 Future commercial development should continue to occur primarily in existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved thorough implementation of the Urban Design Guide Plan. 4.3 The ambiance of Vail Village is important to the identity of Vail and should be preserved. (sca/e, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) 10 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made availab/e through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Vail Village Master Plan The Vail Village Master Plan is based on the premise that the Village can be planned and designed as a whole. The Vail Village Master Plan is intended to be consistent with the Vail Village Urban Design Guide Plan, and along with the Guide Plan, it underscores the importance of the relationship between the built environment and public spaces. Furthermore, the Master Plan provides a clearly stated set of goals and objectives outlining how the Village will grow in the future. Goals for Vail Village are summarized in six major goal statements. While there is a certain amount of overlap between these six goals, each focuses on a particular aspect of the Village and the community as a whole. A series of objectives outline specific steps that can be taken toward achieving each stated goal. Policy statements have been developed--fi e own ' n- making in achieving each of the stated objecti s. The Clock Tower Buil 'ng i located within the Commercial Core 1 Sub-Area aster Pla The Vail Village Master Plan is intended to guide the Town in developing land use laws and policies for coordinating development by the public and private sectors in Vail Village and in implementing community goals for public improvements. Further, the Master Plan is intended to serve as a guide to the staff, review boards and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with such development. Contained within the Vail Village Master Plan are goals for development in Vail Village. The goals are summarized in six major goal statements. The goal statements are designed to establish a framework, or direction, for the future growth of the Village. A series of objectives outline specific steps toward achieving each stated goal. Policy statements have been developed to guide the Town's decision-making in achieving each of the stated objectives, whether it be through the review of private sector development proposals, or in implementing capital improvement projects. (Listed in part): 11 Goal #1 Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. 1.2 Obiective: Encourage the upgrading and redevelopment of residential and commercial facilities. 1.3 Obiective: Enhance new development and redevelopment through public improvements done by private developers working in cooperation with the Town. 1.3.1 Policv: Public improvements shall be developed with the participation of the private sector working with the Town. Goal #2 To foster a strong tourist industry and promote year-round economic health and viability for the Village and for the community as a whole. 2.1 Obiective: Recognize the variety of land uses found in the 10 sub- areas throughout the Village and allow for development that is compatible with these established land use patterns. 2.2 Obiective: Recognize the "historic" commercial core as the main activity center of the Village. 2.2.1 Policv: The design criteria in the Vail Village Design Guide Plan shall be the primary guiding document to preserve the existing architectural sca/e and character of the core area of Vail Village. 2.4 Objective: Encourage the development of a variety of new commercial activity where compatible with existing land uses. 2.4.1 Policv: Commercial infil/ development, consistent with established horizontal zoning regulations sha// be encouraged to provide activity generators, accessible green spaces, public plazas, and streetscape improvements to the pedestrian network throughout the Village. 2.5 Objective: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. 2.5.2 Policv: The Town will use the maximum flexibility possible in the interpretation of building and fire codes in order to facilitate building renovations without compromising life, health and safety considerations. 12 2.6 Obiective: Encourage the development of affordable housing units through the efforts of the private sector. 2.6.1 Policv: Employee Housing; units may be required as part of any new or redeveloped project requesting density over that allowed by existing zoning. Goal #3 To recognize as a top priority the enhancement of the walking experience throughout the Village. 3.1 Obiective: Physically improve the existing pedestrian ways by landscaping and other improvements. 3.1.1 Policv: Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways. 3.1.3 Policv: Flowers, trees, water features and other landscaping shall be encouraged throughout the Town in locations adjacent to, or visible from, public areas. Goal #4 To preserve existing open space areas and expand greeenspace opportunities 4.1 Obiective: Improve existing open space areas and create new plazas with greenspace and pocket parks. Recognize the different roles of each type of open space in forming the overall fabric of the Village. 4.1.2 Policv: The development of new public plazas, and improvements to existing plazas (public art, streetscape features, seating areas, etc.) shall be strong/y encouraged to reinforce their roles as attractive people places. Goal #6 To insure the continued improvement of the vital operational elements of the Village. 6.2 Obiective: Provide for the safe and efficient functions of fire, police and public utilities within the context of an aesthetically pleasing resort setting. 6.2.2 Policv: Minor improvements (landscaping, decorative paving, open dining decks, etc.), may be permitted on Town of Vail land or right-of-way (with review and approval by the Town Council and Planning and Environmental Commission when applicable) provided that Town operations such as snow removal, street maintenance and fire department access and operation are ab/e to be maintained at current levels. Special design (i.e, heated pavement), maintenance 13 fees, or other considerations may be required to offset impacts on Town services. Vail Village Urban Desiqn Guide Plan This Guide Plan represents collective ideas about functional and aesthetic objectives for Vail Village. Diagrammatic in nature, the Guide Plan is intended to suggest the nature of improvements desired. It is based on a number of urban design criteria determined to be appropriate for guiding change in the Vail Village. The Guide plan is intended to be a guide for current planning in both the public and private sectors. The Guide Plan establishes the Clock Tower building within the Gore Creek Drive/Bridge Street Sub-Area. Town of Vail Streetscape Master Plan -Addendum The Vail Village and Meadow Drive Streetscape projects represent the strategic steps of a 20 year planning effort to upgrade and enhance the physical character and pedestrian experience in Vail. These projects develop the concepts originating from previous planning efforts (1991 Town of Vail Streetscape Master Plan) into a comprehensive and complete streetscape design. VI. ZONING ANALYSIS Staff has completed a preliminary zoning analysis of proposal in relation to the land use requirements outlined in Title 12, Zoning Regulations of the Vail Town Code. Staff will provide proposed development parameters once additional information is received from the Applicant. A summary of the analysis is provided below: Street Address: 288 Bridge Street Parcel Number: 210108244003 Zoning: Commercial Core 1 (CC1) zone district Land Use Plan Designation: Mixed Use Current Land Use: Mixed Use Development Development Standard Allowed/Required Existinq Proposed Buildable Lot Area: 5,000 sq. ft. (min.) 4,108.85 sq.ft. No Change Setbacks: None Required (or unless specified • otherwise in the WMP) ** Building Height: 60% at 33 ft. or less 34' No Change 40% at 33 ft. to 43 ft. 56' 10" * No Change Density: DU's- 25 D.U.s/acre 2 No Change dwelling units AU's- 50 A.U./acre None None GRFA: 80% or Unknown No Change 3,287.08 sq. ft. 14 Site Coverage: 80% (max.) or Unknown Unknown 3,287.08 sq. ft. Landscape Area: Per the Vail Village Urban Design Guide Plan Parking: Pay-in-Lieu (12-7B-17) Loading: 1 berth (<=10,000 sq. ft.); None None plus 1/every 5,000 sq. ft. over 10,000 sq. ft.; or, 6 berths (3 total per section 12-10-15)*** Notes: " Existing Tower Height '* Setbacks vary around the development site depending on the location of the "build-to-line" specified in the Vail Village Master Plan. """ Total berths required for multiple use loading facilities per credit granted pursuant to section 12-10-15. VII. SURROUNDING LAND USES Land Use Zoninq North: Mixed Use Development* Commercial Core 1 (CC1) South: Mixed Use Development* Commercial Core 1 (CC1) East: Mill Creek (T.O.V. Parcel) Outdoor Recreation (OR) West: Mixed Use Development Commercial Core 1 (CC1) Note: " Adjacent buildings located to the north and south of this site (zero lot line)will be impacted by this proposed redevelopment; applicant will be required to meet all code requirements relative to zero lot line development and the Applicant is advised that coordination with adjacent property owners will be critical to the successful re-development of this site. VIII. DISCUSSION ISSUES Overview of Conceptual Review: Identification of Issues and Opportunities The Applicant has submitted conceptual plans for discussion purposes at this time and has not provided a complete application. Overall, Staff suggests that the level of detail and information provided for this stage of (conceptual) review by the PEC is generally adequate and appropriate to discuss overall issues of building design and feasibility of the project, as well as initial concepts and concerns regarding bulk, mass, building height, uses and any associated issues of code compliance. Of initial concern to Staff are: o Building and Fire Code issues relative to existing and proposed types of construction, as well as proposed uses, occupancy loads and exterior improvements o Integration of exterior remodel design and materials elements to entire building — scope of project and visual impact to adjacent public spaces within Mill Creek Park 15 Conceptual Review Discussion Items In addition, Staff suggests that the following questions or areas of focus for any review and discussion might include Site Constraints/Opqortunities: o Minimum Buildable Lot Area — staff has identified an issue of non- compliance with zoning relative to minimum buildable lot area; the /ot is legal, non-conforming at only 4,108.85 square feet. o Siting of proposed improvements relative to applicable setbacks, property lines, adjacent improvements, rights-of-way, and any (balcony) easements of record — encroachments proposed/potential building and fire code issues o Potential pedestrian connection between Bridge Street and Mill Creek pedestrian area/open space pursuant to Vail Village Urban Design Guide Plan goal No. 13B — "Mid-block (covered) from Bridge Street to Village Plaza" � ISSI� � �eSiqn. ��� �7�� f%�,��t.��.A� � �vJU.� �C ���..?�- -t_ � � � ��� o Massing and Bulk U�� �.i��='�-� ���5 ��--� � o� Roof composition — pitches, overhangs and forms � � �--�-- �' ` ' �,1/ ��/ �s. �n- �►wai-- o Gross (commercial/office) square footage increase �-�� � 00 General exterior design elements— as applied to en " e building o Fa�ade and Fenestration o Street level entry points and transparen y at pedestrian /evel, "Pedestrianization" and "Vibrancy", and improvements adjacent to public areas Building height calculations o Heated outdoor space o Site improvements and landscaping —Vail Village Streetscape Master Plan o Investigation/Feasibility study of integrating "green-building" and energy efficient design principles and construction techniques in the design development of the project Uses: o Retail, office and residential components — new first floor tenant use proposed and verification of office use (tenant) proposed on second floor o No new residential square footage proposed; no interior remodel proposed for residential units o Comparison of proposed improvements relative Vail Village Master Plan goal No. 3.4 —Mil/ Creek Commercial Infill(pg. 48) Construction Im acts and Code Com liance o Code Compliance - zero lot line construction, egress/access and condition of existing improvements not proposed for remodel o Impacts to adjacent structures/uses ,� Public Wa : �05� � o Improvements within the public way, "Permission to Proceed" and goals of •, �-si Streetscape Master Plan — potential impacts and/or improvements to the ,q�r� S�o,�vi�d�- public realm and vitality of the streetscape �r.L T2�c.z C; 16 o Improvements affecting adjacent Town parcel (Tract G) — potential impacts and/or improvements to pedesfrian access to and from building, and achievement of Vail Village Master Plan goal No.(s) 3.4 — Mill Creek Commercial Infill, and; 3.8 —Mill Creek Streamwalk(pg.(s) 48-49) Additional Information and Review Requirements Additional information and/or processes may be required in any subsequent submittals in order to adequately address the following issues and/or requirements: 1. Supplemental Regulations (Title 12, Chapter 14) • Architectural Projections above Height Limit (12-14-4) • Sign Regulations (12-14-15) • Property Owner Maintenance Responsibility (12-14-16) � Setback From Water-Course (12-14-17) • Commercial Core Construction (12-14-20) Parking Analysis — pay-in-lieu fees for new commercial square footage Housing Analysis — pay-in-lieu fees for new commercial square footage 4. Code Analysis — building and fire code analysis relative to zero lot line and proposed improvements Site Coverage— analysis of existing and proposed site coverage 6. Landscape Plan/Streetscape design elements 7. Grading, drainage and erosion control plans 8. Building Height Calculations — Roof plan indicating all existing and proposed ridge elevations, drawn over existing and proposed grades Proposed Encroachments into Existing View Corridors (12-22-6) 11. Subdivision Regulations (Title 13, Chapter 7 — Condominiums and Condominium Conversions) • Re-subdivision of existing lot(s)/condominiums per proposed expansion of gross commercial and office floor area 12. Development Standards—Title 14 Next Steps In Review Process Proposed* Next Steps in the Development Review Process/Applications required: o Completion of Code Analysis for Building and Fire codes to determine feasibility and constraints of any remodel activity o Submittal of complete application for Major Exterior Alterations o Return to PEC for Final review of Major Exterior Alterations in July/August time-frame o Return to DRB for Final Review in August/September time-frame Note: * The above steps and timelines are suggested by staff to aid the Commission and Applicant in planning for future application requirements and review schedules; additional applications may be required and timelines(meeting dates) may be subject to change. 17 IX. STAFF RECOMMENDATION As this is not a final review, the Community Development Department will not be making a recommendation at this time. Staff is recommending, however, that the Commission listens to the presentation and identifies any comments or concerns that the Commission may have at this time, with further direction to table the application to July 23, 2007, for formal review. X. ATTACHMENTS A. Cover letter/Project overview and square foot analysis by Applicant B. Reduced Plan Set C. View Corridor Image—View#1 D. Final Plat— Rucksack Condominiums 18 ,I . . i • r Y Attachment C #1 , , � '� � AI ���������� ��'� �� �� � a���� � � � �� � � � � � ������ � x, � « �� � � ��� �� � � � � 2r� � �,��. g �� � �� '� e 4g ��`� Y � }� at �% ��� � E �'' `� " �A ���` ��� �� �`�� } ��� � � , ,�,, ;� � �� ,� � ' � �� �' . � . . � �� �°;. <v,, =e � � � � ' ���: : � � �a .����,: ;r .. E� p'�3� :�51 ti. Br Q7. � x �.w , � fl.:i n.' �. ..�r'�i�e� . 'v�•: '� ��_CL� �,h .v1 � � ,s;. �. ��� ..� �.: i:. ,., g ... � � k,.�, ,r;�' I.r ` S �,, i � � ' .,t:::K ,. ... �.�.: � � h: » �'^� i i ��',sea "'" _. � , e . � ,. �,.� R� a. � , , `� " , � °� F � > � a s,, a � � P } ' . i _ � , oo.0 , : p.�. � w.. ..�� � woi .�.. .[i^�.:� �, s �.. . .: .., , A "R � � �� ��`V � ` '..,�a t .w»�,+�. «vw .�. � x R �F�,;71�J� S. 4; d,c r 19 D /wrt, W^ ♦I 3 � 7 �+ v I �£°04L0r° ' RUCKSACKF CONDOMINII�MS , . . ;, ' •..., >•. TOWN_OF VAIL. EAGLE COUNTY. COLORADO. I e u^QeZB�9n , B1n9 Fe oMets o t oW'n ' ,.a,1<".',"' ���..,.�� � � sHEer i oF z � c �.ei��„ a e«.n�a �<i _ �E a' . . . . o� a�. x s n �c�ac i e �� �- . 3� , �. - a�,Vaiipvi 'i��e, 4 .. ,.. � � � � � � ° � � mi�ns: a � - z ,.-, . � Tz cr G � . .. .. o. .s i aa.^9��n ,-- a ,�r e.e s .,�. . . aes �o.�e� aia � o� 7� v.,<v o � Y � I" e bwtdd � . __ . ,, e�� � o .e �e e r�i���n a:ee��eo9o0 j��.� . ' ^ ^ : .o� n� ea I t' P.cr � w ` ss . .. . . . .. _. .._ . . ,. e , . . __ " 1 g ,n J�R1 f ec e :.. _s..- ._�. _.. . ... �t�.19 re.t al . _Y...^ _ .. ._ _. . . ._.. ..�n J"•a���f �. . : . � -i � a[vex . � . , �/' � ' . - ie�1r , o re`r s�ree e ence�n n �re t�Iei n �e e e �. � I�� `�a��,.o.a,o� ���ee9d�» p9��ou^��.ea� ee� $ ,� �o,s.4.����9� o„�,..,.4:.9,>.,�.a,,...«.,w.o<.,.... o, o� nL�LO�,ma,a�, a��i�ds�v � e a o - �3 M' � >.� .. a�cneflsa a 1 6161o[U3]�ild`Oee��t�ence Sel o��z✓a v.rs�F.�,,,r T ' e feet,cnen e 6 IS 4 _ �� . trv�++x, e a�3 14 l6 E 9 _ . x c�enc _ Ecet i . I . /a0 . � r . , . . . . . . e 3B .., n v . 00 i< -✓ . � . . .. n t6 . C et thence N � e�ce 5.9� N �� a S '" I ' � eG � 15t�]' t.il�6 feee c voine of gJ3 >nu.�..,��... E I � �� IOB.aT s9valra fee A[R ^ aaPRRCEI LOCFT/ONS l� . o =e n " ,tm� `9 I"� i a . .' i �I .- . n..afo ,s...r,x.r�....�.e.o I. . Eo:n��k�.�x co„a mtn , i m}... a-.(��c. 1 �.... . . .. I� i oe. � �I � � . _ _ — — _ — _ ___ ...— — _ i . . i_ -- — — . . _ : .- i � .i�.«.. � . . ��e: — —._ — __ .. � . .� .M,.. w�e . ,,..xoc r— ., ` : .n.w�.�i ..a cn.wi.�o ' ... . '� __�'_-_ .. � ' c.. �.a�.,e .. ii,co��:vao xics� - , ' zsao e.us� o� � . , � , . _ ..._. : . .. � . . .. ' a o�.�..e�o��.i.9� � � .,. . "_ _ . . .� _ Po� .,l �- ` i - �� . �I� �� ne :el,' .. . . ..� .�r�r�..a�. va.�e��n. � � � , r . i � ' I � � o ,��. F I I�'I _ \\. V�.IG4Irl a.,ix fil/i�9' v � ¢155i � . w � , � _ i � ao � �r �� � �i,o.. � , _°� �` � ; zATE oo�o�,�,; s , I X r s�� � ,� ti R`e\E I ��a,oFCO.ee �e e�. �a a,,.6. � i�y9oa x��m� ,��r.e .„ � I J , � �a�d.,�-.zcK �`-, d��,"�I v�....v .o�u..�v �fye o�n _. in . :I n o��n3 e�, r m �. � E R,U4�Sp��� - , � i E�. ,�E . . . �a axic��6�mT.oa�e%a�a,a. I , . ��\ �'S'�a 5 .. / �" . �\ \e ��I �o u.,�i�9 o�s sa �n..ir io� a " xo[a�k'� ` �.z�, Il�, \ � 'c�� � �o ..�,...,re oE,� .���. � � a�a t�a�.�r� s..,�.,�< I d o� ee a� �� `��''�—'="��' . .�r� �. � — � l� �of vei,villageak�[ n 3� a e o s rve. anu . � y� 5 are.e p ual „ �cotnera. ��ed Eouneary 5, .. .- �A�e o�, �me�_ SIrE GtAN �--� Pl:�k�SA �.i.�r.ge. irr/Flll.ng � .SGALE^I"�I,000' . . . �, - e�oe ere '�=°,Er�«a ..a����.����1�:� , e _- � , �a e o���a� ,o� ; � m.�c.oe ena�omci g���aom,�;�m- °I,,.��cai a�e.e:cm y t� �. !�I r�.(�L..'1«-'4m".r{n=�.F���� - r�,5�_ . a d�l.an suzve�o�Vo.].10t ' nl «� . �4 a�u.o . �a e�o�e�o Ne y f g , ta o.o19]B,�anBens�duly ecorded i -- =� eook c so5 x _ _ ._ .__ .L_ _. _ I Q_ . a�. a� � v,vir . �u.vir' �.. � Rj�g{ g .. .Q-Z 4 .� 4 0- , f�— ���-- 7-°—�.F I F/FTN � FOU.PTH �'�-`--- L El/EL L E I/EL Q�-, TH/RO LEVEL H p I FINAL PLAT . . . GONDOMINIUM MAP OF � ' RUCKSACK CONDOMINIUMS TOWN OF VAIL,EAGLE COUNTY, COLORADO � s4EEr z oF z � �� � . y ..i.e: . .. . .� .: . .,i UNi T� . . ,e-z UNITj'�R ' I R-L � ,urv/r,¢�2. . � �,!.�r�z� a e��`�:` . . ��.� � , � � -, „ UNiT R-/ . i `�._ . ..___""_'____�y�Jr . � a�� I SE�ONO .!FVFL. --- ��--�- . - �`\r I'N �:.� I . . =a^' I: UN/T C-L e " e i • ac y � � 0.- nE_ r _- _ -___- _ _ _�__ _ _ _ __ —__; _�� � � �UNiT iC'-2 � �y��� .n�_. � , _ . . �'�� VN/T L-2 0„ � , . � F/RST LEVEL � �� i a� . - _ ... _____,._.. .,_ .�___._ _ . .. -___ _�: __ _ :--..,—._. -. _.: .. .. - . . .. _.. . .. ��I . _. �a �� R:/e. �: . � . B . LwCC- . , � Q . �.... � `3 . UN/T C-/ � . " � �_— - ----- — —a - -� � � � � � UN/T 6-2— � BASEMENT L El�EL ' Q� FL 00.2 PL ANS S<A�E i �io' r�(a. ---.UN/IC-1 ' l, SECT/ON A-A � I SECT/ON B-B . . -_.__I_-.- �, SEC T/ONS scn<e i':.o' I I I' � oarao7o�;uNn 3r�r= ��� .. 'uvn�o�1 ".°,��' _ -:;tsa�u�mn vvn �'s'o lo� - � �9-�:,� �rvniNmaa�vo��rs�na 3� b'0=16�.. ro-scF dVIN.�/Hdt/d`J,Od01. `` _ �T� .vv-r.�m�3T3� . .. .�,x .., uza�aao�;'ia7Qlja ..,..o. ..,.,.,,, � ! � i � i � ��rrV#���E� �.ae=.ew I wwdeu+o��mµWh/���mf s �d.�:n��.,��,,,���; � Y15_-t�'-d.MS'3�i��.J � 3u,4iIS�INY_INK.e —SS,B— =On.vY/Y CiN�S A�.::NYS O _ ,� ����r= -- .,.k,1 �. 3m b/IOIAYJ.t .. �f .P-M1CJ.0; � AiN�J3l ,i=ryvnaatw ana.NO� � I ' �c�iva�i� p �3Tv��S JIiluVNJ• ' " _ _ _ . �. ........ ................. ___. . � n3]3!/p� SG[9te a/AVY,13J/v/b ���/�� I `I � �—"14i ����–o- �_�__ �^�. ��„ � 133b'_S ,.�.. �:� 3,�0/�� I \ i,SZ) � _ __ __ ,�. ___ ,,, , � m ,� , - q -, � �, �.- ' -�_ �-;=-�°—_`"���-�-} �a ,;--- ,�.�, � '� � Ig �� � p � c� � o � � JUL 0 2 2007 TOWN OF VAIL ..�. .�.�. Proposed Ground Floor Plan 3207 sq. ft. � � ,� I � / D L� � � � V � JUL 0 2 2007 TOWN OF VAIL Proposed Second Floor Plan 2597 sq. ft. � /�-� � ,� 1 _� EX I STI NG BASEMENT �LOOR PL?�N 21�f6 5Q. FT. fi�ROPOSED Bf�SEMENT �LOOR PLAN 2!G6 SC�. �T. � � � c� o � � JUL 0 2 2007 TowN o� vAi� � The Bridge Street Building (Formerly The Rucksack) Area Description Exlsting Sq.Ft. Proposed Sq.Ft. Existing Use Basement First Floor Second Floor Second Floor+ Third Floor Totals 6 2196 2918 2163 N.A. N.A. 7277 2196 Restaurant/boiler/storage 3207 RetaiUoffice/storage 2597 Real Estate Sales Offices N.A. Residence#1 N.A. Residence#2 8000 723 Proposed Use RestaurantJboiler/storage Retail/office Real Estate Dicovery Center Residence#1 Residence#2 ��,�,t.���,(�,��`'f, �.�--_ �� � � LS � V � JUL 0 2 2007 TOWN OF VAIL , 96 3�dd ' st�a����av ' ' � � 1 ' , h��� � 2 ' i..�..� '��a. � � , m n � � _ � 0 , = D � � O r' R1 / � �� / � �' (/± C C� � ' � o ' � �� . � � �p , � � T ' � � rn l � � D � J � c0 / � � � � � � C ��� , � N � o � � � \ � Z � n � � � � � � �4 R'�tq �� 1 �a � I `\b� � ��/I i i �' )3� ,�n� 1 r �� i � � � � �� 1� =�r � � � � � ,��1�'' � �y ' �V `��4 I i � �� a � / / / • } 1 I I ' � 0 � �� n� ns • , , / i �1►ty ��� _��� � w cr^ � � � a � � � o� �» m t j�° • �� .�ta�g �y� ��y�� �,�,1�I� '�i,L��6 � i .. .. ' ,� .�l� .�_�,.„� .. .:Lt�r .v.+,�... sl.�;:+!1-���� ,::*. #..d�-»»..�*.^—:Yii'�I"� .,�.� } 'I'�� � �,:};: � ,:4 � t • �` :. "'`� r,. ��. , �' , 1 . , .,� • �� � . �,- i.' `;��i � „� 1 � � H. �.� ' � 1 . . x�., . � . � . ,,. � . 5 '� � . � �. -.', . �. . .- , � � 1 �. ; .,, . 1 `. ;, - � �. , . . � •S . . _. 1 a '� ia�:T . � , { . �_.t �.;;� .� � � .j�_ . . I I. � � . �::� � � ��� _ ' .. , , . ': r � r ; .I . ii.iJ,. � .. . .. :.... .. . '� � ' w • r . . � . , + , ' . .�� � �, - * �, i ` ,_,± �''� � � � "x� �' — � � a r� '., . �"'� � s , � j �. 4., � ,..� `� � 4 �� �-- . � ����, -. , "�_�' ' ��' I ° � - �') ,, ' , f ,��. ....�. . . � � � '' .+� � ,.'�� � �k ` w,'� �.( .� � a�n '� � '• . ..�,+ .,� i( ` i .Y . ^� - j � , ..'!�+tirw�r.'`� , r. �t � t�� .r a.a..e �;1� T ��.« . • �. � � ,, Y - . ' F4', t� ' �', � '1�i i' '``� Gp ...•.:�F.r�.�... _.. .� . �� � .��u+� ��.,, � �`�'' � � ,f , , ,°� ; ,; �� � . .��w, � -- � �� �� ��a _ a�� � -, , ,� ._ � . : . . . t,�� �� �1� J :� , r �;, � , �� �{, ��F � �- � � �`.` `'1`'�s,: `�,. � "T �^�; -�``. �(� `\ _.. ,.��. .,-I�� �i�'�"`� � '.rF� �;�: , ,- �°�"' � � ,� . � . rirj :. ` °� ;� .� , ����, „�••,..w.,,,M.:r�...,�, �:,, T J b . . - � � y�� �J' �Y A�i :r. a r� �� ;1 _� I 1•�i" '"' 1 �'�����.�� '..,,.. � . . . .'.. . - � � . ,._.. .,_ . . . .......et{ . ' ��. .:,.�� '�-��' �. � ,,.. �„�,.,,�t. , t ( I j ; �� �;, � '�s:�X��'`.i ,_ � j , E . - , � .., � ..:. ? ,,,.. K, 1 ,. .. _ . k , P,� '+�'� .'1 1 1�,+ I ��� � � .. . y , ��. ra r ' � ._ .,-� , .. � . ,�• _ .�`�..ac,i' �...' �-,°,w1�a '♦ . �a. V', �, r„ . . :. �t.� . � � . .. . .. ' `�.._ - :•,. . -+i_. r .. ;:.. .... : �... '�v�' . t . . � .�A.,, S�i-_ p,� y.: { .:. � . r�' 'i'__'_ a. . 'Y' yy, . .. i . �, 'L.4�.�� .��^r 4 _ _ + 4�+�.�i4 �'�'�c _ �.... .u�i.� . . . , .���� o- � y, , ... .._. � ..... ,.,�.,�,_.-„ ,,, ,.�,-��. _ Y _ ,... _ ..r _ _ ; .., . , , ^ _ � � � ., .. . ?. , , y _� ,. � uF i �I R I I ! I f h �PIFR (: F � �j:�.=-== ! y�_..._ _ - � � � � EXISTING VIEW FROM BRIDCE STREET �J V Z � � � ^ 0 m ° oN � a � ¢ W � J W � � J � � O � � U H W J � � j � � U w � � � m W _ � ARCFiITECTS PAGE 13 � ��. ' ` y4 � � � .. . � ; _� �t� � ��..�t�"°'--s=� , � � _. :!.. t . -. ,,. � ':,'k',�-'� �,,� �h� �i ,�.,� ►_ ,�► ,i� ���' ,� . � a.- r` , ��� � .'� '. � r� : . ,�,�� � � � ' � ,a,� � , �. —��,� , - ��._:^�:. ;,�' i�i�'•� ��`a.. •e:�i�'. � �`; � � ,:. •�� .�.3• � �t, �.� i� � � � 5� a„ � � �'n,;k . . � . �j��'� ". , . .;,�r,c '..I-�i I �il� .,`1� �! x _ir�'��* _. � �,._�:W_.�, .. �_�;;' � :� ' � -� �. � � �� ir�., -'�. "_ - � � _ . - `�; _ ,� � � , . ._ „ _ �: Y..,., , f 6(+�,. ... ���' �� , � . {: �� r , < .� , � -,_. _ �� .. � �..'�.� ��. .. ,., .... � .���',. -� _. ' w:,:ia�wr•.,. � . ;►> ' :�'�3 • �•�...._ . _ £ ,:� `!� � ` :""';, � � .�. - , �� * * r•' �'� �- � ' � � � � � -�,�I ' . � � � � } � ' � � �t . �, r - _ ��' � _ ..�� � �� . . ��w� .w, - � 1 H��t i.i.�n ..i.�. ���� � ����w ... �+ — --�.��--,�u�- . '�'T � S Ir � q: . .... 'S ... �. .�.. , `x�'^-'•� v� � - '�y . �r�F::��� �t ,°�, , � s' ,� ', �. ' ii { ��' p " � -:Countrywide� r ��� . 6.��... ., . .. �� a � ~� , � AIOrMMqM'W:c:s.. �_ � �q; ,`�►��s..� � .. � '�� , � � ,� �....-....._ ,�. .�.zi..w�,..,1 �Y r,..�.,i!�sc'+.-�. .. . � . . !�h...;, . ,a� �� , 1 � � �I h 1 ( / I f h �PIF R (� f � I L..�-^ - [ �_,.._. _ . �l:,.��� ,=;� i ;�� �..'.�.:,�_ :���� ..- :.. ,� ,...m-- _. , �- ,. , , _. ._,,. , ,, • . .: , �-. .�� , :. � � , �� - r. � ���~1 ,�e4M,� 5 � -�Xt�P Y �. �. .M, �/ ..� h . . . . -",-� v-a.. .. . �. :�b a >�;p ��: .. � ;�, . � . •�� ,� .s`? . � " 4' ; - . ,�b , +'� . ' �,, .,, . Fl � , r � ! ' 1; ,..._�.�....,,�..�.� � � � �.� . 'r� ' '� � ,;'� , . ._ _ , , � . . , _ . , 1 I � ,. �, �T� . . ' i I , ��F. ' � w'+ ' � . . ""� °� . • ,� ,� ` i., �:, �� `� ,,,�x � 1 , � I';t ' . ��. ,,,. ;;� , � , ��� J � �� � � � � � � �. � -;•�., , � �� -- � � " , L� �# ik� ��� �-� � , � - ;. - "' � •� ���K�� . '� � .� � � ;'.�. � ,f.3'." ;� �r ' '—_ . . , 3� -"..n. i �x�:,` �.n.� , .,.. . . ..__. _ .._... . � � "� �:� .�� �'� . y �•, � � ��u� �� � •. ,� l � '� �� 1� �+ � ¢ � �� �� �! iA • � rn�s . '; � i� . �f�- 1� � � ��\\ . L ,..�/"'�. , .. ,� \� . ot � , t� • � ,r �w � � ��� , � ;,; ` � ��� � �_ � �� �� � . t�� �� ; � , �..�, � � i �-.. � _ ,. ,� ; - Q ,.. ., , . . ��� ;.., ..____.w. ` ,�; y_ � ,. ��� �. , _ . �o►'a ,' ,, , — i ���� 10� �y, �� ` }� °ad k . � . ��� ��r�' �. � ��,�,, � .� ,� � -� �� ; ' _. ti � ,""�� �',,,; �}� i , _ .. �. _ .,� �`~w-�,;,i,,y��. � �' + a E � �r.""""`����� `'/ �. � -, ` � � • ..�, -��` Y� r. �,..� ..-� � �I . i�N,y ,t:;�,,. M� „r � ,y. a ��`�..,.. V�i�� ��� � . �,y�,+�t.w�.q ,��,4.R�, ,�.,,� ,. . «.. _.� I. � , U�� � . • �",. .: ,�. hl.., � . �. .., ...., . „� . :. . _ . '1� , t � .� .. a, � ;y � r. ._ ... _..,. . _,:«Y _ , . ' _ "� . . ._� ..._ .. .���� f�tl���� � . -� , -. � , .. �,� � .. i -���.��m -c. �, i �. �y,.. •,.. . : �l6 a ip A , �� w , . �',; � � � ��J- .,. J , . ,, �� s M r#4 ` �r � r.�� .. � . . ,� . �r� t �«��'1' . . y. :. . . .- . ..._ -� ��,.�� 4 . ' ` •'��� �'qe�� ! 1 1 7 1 f N I F R C F �.:.-=,__ -