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HomeMy WebLinkAboutPEC070076Planning and Environmental CommiSson਍ഀ ACTION FORM਍ഀ nv%਍ഀ I VWW r K਍ഀ y T਍ഀ CDNI -INIrv CEk[L.:PMENT਍ഀ FINAL APPROVAL FOR A VARIANCE FOR AN EXTERIOR ALTERATION FOR THE RUCK SACK਍ഀ BUILDING਍ഀ Project Name: RUCK SACK MAI EXT ALT PEC Number: PEC070076਍ഀ Project Description:਍ഀ Participants:਍ഀ OWNER ROSE NQUIST, RICHARD N. - BROW12/17/2007਍ഀ - SELBY, CHARLES਍ഀ 385 CLAYTON ST਍ഀ DENVER਍ഀ CO 80206-4228਍ഀ APPLICANT BAILEY & PETERSON 12/17/2007 Phone: 970-476-0092਍ഀ 108 S. FRONTAGE RD਍ഀ STE 208਍ഀ VAIL਍ഀ CO 81657਍ഀ License: 0000002169਍ഀ Project Address: 288 BRIDGE ST VAIL Location: RUCK SACK BUILDING਍ഀ Legal Description: Lot: D Block: 5A Subdivision: Vail Village Filing 1਍ഀ Parcel Number: 2101-082-4400-3਍ഀ Comments: Approved with conditions਍ഀ BOARD/STAFF ACTION਍ഀ Motion By: Viele਍ഀ Second By: Tjossem਍ഀ Vote: 5-0-1਍ഀ Conditions:਍ഀ Department of Community Development਍ഀ 75 South Frontage Road, Vail, Colorado 51657਍ഀ tel: 970.479.2139 fax: 970.479.2452਍ഀ web: www.vailgov.com਍ഀ Action: APPROVED਍ഀ Date of Approval: 01/14/2008਍ഀ 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: CON0009749਍ഀ The Developer shall be required to provide a building code and fire code analysis਍ഀ prior to or concurrent with any building permit application.਍ഀ Cond: CON0009750਍ഀ The Developer shall address any and all issues and provide all necessary details਍ഀ related to trash storage and access located on the east side of the Bridge Street਍ഀ Building, in conjunction with any DRB application.਍ഀ Cond: CON0009751਍ഀ The Developer shall resolve all issues regarding drainage from the existing and਍ഀ proposed buildings on to adjacent properties; the provision of gutters, downspouts਍ഀ and other drainage methods tied into existing Town of Vail storm sewer improvements਍ഀ may be required as revisions to building permit set of drawings with any building਍ഀ permit application.਍ഀ Cond: CON0009752਍ഀ The Developer shall submit final details in conjunction with any DRB application for਍ഀ reviw, depicting any and all necessary hardscape, grading and drainage improvements਍ഀ at the rear (east) side of the combined properties, for the specific purpose of਍ഀ providing adequate and code compliant egress from teh Rucksack Condominiums Building਍ഀ to a public way.਍ഀ Cond: CON0009753਍ഀ The Developer 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 DRB application.਍ഀ Cond: CON0009754਍ഀ The Developer shall submit a Design Review application for any and all new exterio਍ഀ signage for the property; a sign program pursuant to section 11-8-2, Vail Town Code਍ഀ will be required prior to any installation of new signage on the Bridge Street਍ഀ Building.਍ഀ Cond: CON0009755਍ഀ The Developer shall be required to submit a detailed and final lighting plan,਍ഀ showing all existing light fixtures to be removed, as well as, new fixture਍ഀ locations, fixture types and lumens/output; such plan should be accompanied by cut਍ഀ sheets for each proposed fixture in conjunction with any DRB application.਍ഀ Cond: CON0009756਍ഀ The Developer shall pay in full the Employee Housing Mitigation Fee, as established਍ഀ by the Town of Vail Staff, and in accordance with Title 12, Chapter 23, Commercial਍ഀ Linkage, and Chapter 24, Inclusionary Zoning, Vail Town Code, prior to the issuance਍ഀ of the building permit for the Bridge Street Building project.਍ഀ Cond: CON0009757਍ഀ The Developer shall pay in full the Traffic Impact Fee, as established by the Town਍ഀ of Vail Staff, and based on the net increase in trip generation, prior to the਍ഀ issuance of the building permit for The Bridge Street Building project.਍ഀ Cond: CON0009758਍ഀ The Developer shall, within 24 hours following any action by the PEC to approve File਍ഀ No. PEC070076, present to the Town of Vail Community Development Department a plan਍ഀ to mitigate and otherwise rectify the existing conditions of the Rucksack commercial਍ഀ space. Such plan shall be implemented within forty-eight (48) hours of any such਍ഀ final approval by the PEC and shall specify the means of providing screening or਍ഀ other window covering, treatment or concealment on all windows with visibility from਍ഀ and /or frontage on Bridge Street for the purpose of concealing any and all਍ഀ unsightly construction activity occuring within teh commercial space located at 288਍ഀ Bridge Street.਍ഀ Planner: Scot Hunn PEC Fee Paid: $800.00਍ഀ t਍ഀ Application for Review by the਍ഀ N਍ഀ r~~ Planning and Environmental Commission਍ഀ 1਍ഀ l਍ഀ TOW Of V'A1L1 Department of Community Development਍ഀ 75 South Frontage Road, Vail, Colorado 81657਍ഀ tel: 970.479.2139 fax: 970.479.2452਍ഀ web: www.ci.vail.co.us਍ഀ General Information:਍ഀ All projects requiring Planning and Environmental Commission review must receive R ova prior to submitting a਍ഀ building permit application. Please refer to the submittal requirements for the partic pproval that is requested.਍ഀ An application for Planning and Environmental Commission review cannot be accept til alDinuiranf pption਍ഀ is received by the Community Development Department. The project may also nee be reviewed by the Town਍ഀ Council and/or the Design Review Board.਍ഀ TOWN OF VAIL਍ഀ Type of Application and Fee:਍ഀ ❑਍ഀ Rezoning਍ഀ $1300਍ഀ ❑਍ഀ Conditional Use Permit਍ഀ $650਍ഀ $400਍ഀ ❑਍ഀ Major Subdivision਍ഀ $1500਍ഀ ❑਍ഀ Floodplain Modification਍ഀ i਍ഀ $650਍ഀ ❑਍ഀ Minor Subdivision਍ഀ $650਍ഀ 650਍ഀ on਍ഀ ❑ Minor Exterior Alterat਍ഀ C-lajor Exterior Alteration਍ഀ $80਍ഀ ❑਍ഀ ❑਍ഀ Exemption Plat਍ഀ Minor Amendment to an SDD਍ഀ $਍ഀ $1000਍ഀ El਍ഀ Development Plan਍ഀ $ 500਍ഀ ❑਍ഀ New Special Development District਍ഀ $6000਍ഀ ❑਍ഀ Amendment to a Development Plan਍ഀ $250਍ഀ ❑਍ഀ Major Amendment to an SDD਍ഀ $6000਍ഀ ❑਍ഀ Zoning Code Amendment਍ഀ $1300਍ഀ $500਍ഀ ❑਍ഀ Major Amendment to an SDD਍ഀ $1250਍ഀ ❑਍ഀ Variance਍ഀ $200਍ഀ (no exterior modifications)਍ഀ ❑਍ഀ Sign Variance਍ഀ Physical Address:਍ഀ Parcel No.: (Contact Eagle Co. Assessor at 970-328-8640 f~arcel no.)਍ഀ Zoning: C਍ഀ Name(s) of Owner(s):਍ഀ Mailing Address:਍ഀ Phone:਍ഀ Owner(s) Signature(s):਍ഀ Name of Applicant:਍ഀ Mailing Address:਍ഀ E-mail Address:਍ഀ . _I y %1਍ഀ For Office e .਍ഀ co- J਍ഀ Fee Paid: Check No. BY਍ഀ Application Date: - 0 PEC No.:਍ഀ Planner: z'- Z~!, 1 ( Project No.:਍ഀ OV਍ഀ P਍ഀ N*j਍ഀ 0਍ഀ J਍ഀ r਍ഀ age i o਍ഀ Location of the Proposal: Lot: Block: Subdivision: .਍ഀ ਍ഀ TOWN OF VAIL, COLORADO Statement਍ഀ Statement Number: R070002716 Amount: $800.00 12/17/200710:44 AM਍ഀ Payment Method: Check Init: JS਍ഀ .Notation: 7474/BAILEY &਍ഀ PETERSON਍ഀ Permit No: PEC070076 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਍ഀ ACCOUNT ITEM LIST:਍ഀ Account Code Description Current Pmts਍ഀ ਍ഀ PV 00100003112500 PEC APPLICATION FEES 800.00਍ഀ III i [in III 1111111111111 UI I III in਍ഀ SPECIAL WARRANTY DEED਍ഀ THIS DEED, Made on this day of October 31, 2007 , between਍ഀ OTTO STORK L.L.C. A COLORADO LIMITED LIABILITY COMPANY 1 I਍ഀ of the county of and state of COLORADO , Grantor(s), and i਍ഀ BRIDGE STREET BUILDING LLC, A COLORADO LIMITED LIABILITY COMPANY਍ഀ whose t ego t address 19 : I OW 14TH STREET DENVER Co 80202਍ഀ of the County of and State of CoLG1 of the Grantee(s)-਍ഀ WITNESS, That the grantor, for and in consideration of the sum of C 51,800,000.00 )਍ഀ One Million Eight Hundred Thousand and 00/100 DOLLARS਍ഀ the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these਍ഀ presents does grant, bargain, sell, convey and confirm unto the Grantee(s), their heirs and assigns forever, alt the਍ഀ real property, together with improvements, if any, situate, lying and being in the County of਍ഀ EAGLE and State of Colorado, described as fottows:਍ഀ SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF਍ഀ also known as street number 288 BRIDGE STREET AKA PART OF LOTS C AND D, BLOCK 5A, VAIL਍ഀ VILLAGE FIRST FII.WG VAiL CO a1657਍ഀ TOGETHER with all and singular and hereditaments and appurtenances therouito belonging, or in anywise appertaining਍ഀ end the reversion and reversions, reminder and remainders, rents, issues and profits thereof; and all the estate, right਍ഀ title interest, claim and demand whatsoever of the Grantor(s), either in taw or equity, of, in and to the above bargained਍ഀ premises, with the hereditements and appurtenances;਍ഀ TO HAVE AND TO ROLD the said premises above bargained and described with appurtenances, unto the Grantee(s),਍ഀ their heirs, successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant,਍ഀ and agree that it shall and will WARRANT AND FOREVER DEFEND the above-bargained' premises in the quiet and਍ഀ peaceable possession of the Grantee(s), their heirs, successors aril assigns, against all and every person or persons਍ഀ claiming the whole or any part thereof, by, through or under the Grantor(a).਍ഀ SXCRPT QRNESAD TAXRa AM AMX99 MM "S M IIEAR 2^007 AM a0'ASd ORMr MARS, AM aI7 JXL'r To RABSm@M, D3a'a'RVA=W0,਍ഀ RS=WZ=0Na, CVt SNUr" AIRD RIQATa or NAP op "cc", 2F ANP਍ഀ IN WITNESS WHEREOF the Grantor(s) have executed this deed on the date set forth above.਍ഀ ADO LIMITED LIABILITY COMPANY਍ഀ OTATOFR *MANAF~LIOP਍ഀ By;' =NOTAIRYPUBLIC਍ഀ STATE OF _ ) >SS' County of My Gornrnlssion Expires Jan. 8. 2008਍ഀ The foregoing instrument was acknowledged before me on this day of October 31. 21)47਍ഀ by OTTq STORK AS MANAGER OF OTTO STORK L L C A COLORADO LIMITED Li?i81LiTY COMPAN਍ഀ My commission expires I_ (y 'CCR਍ഀ Witness my hand and official seat,਍ഀ Notary Public਍ഀ Name and Address of Person Creating Newly Created Legal Description ( 38-35-106.5, C.R-S.)਍ഀ When Recorded Return to: BRIDGE STREET BUILDING LLC, A COLORADO LIMITED਍ഀ LIABILITY COMPANY਍ഀ Escrow# V50020490 1060 14TH STREET DENVER, Co 80202਍ഀ Title# x50020490਍ഀ form 432 01/17/03 SPEC.WD.DPEN WARRANTY DEED (Photographic-Open) (5564454)਍ഀ 200729758 1 OF 2਍ഀ SKLD LG SKL10256 EG 29758-2007.001਍ഀ EXHIBIT A਍ഀ THAT PART OF LOTS C AND D, BLOCK 5-A, VAIL VILLAGE FIRST FILING, COUNTY OF਍ഀ EAGLE, STATE OF COLORADO, DESCRIBED AS FOLLOWS;਍ഀ COMMENCING AT THE NORTHEAST CORNER OF LOT C, VAIL VILLAGE FIRST FILING; THENCE਍ഀ SOUTH 00 DEGREES 09 XXMUTRS 00 SECONDS EAST A DISTANCE OF 7.60 FEET; THENCE਍ഀ SOUTH 89 DEGREES 35 MINUTES 22 SECONDS WEST A DISTANCE OF 13.76 FEET TO THE਍ഀ TRUE POINT OF BEGINNING; THENCE SOUTH 0 DEGREES 24 MINUTES 38 SECONDS EAST A਍ഀ DISTANCE OF 13.68 FEET; THENCE SOUTH 73 DEGREES 14 MINUTES 16 SECONDS WEST A਍ഀ DISTANCE OF 25.34 FEET; THENCE NORTH 16 DEGREES 45 MINUTES 44 SECONDS WEST A਍ഀ DISTANCE OF 4.10 FEET; THENCE SOUTH 73 DEGREES 14 MINUTES 16 SECONDS WEST A਍ഀ DISTANCE OF 46 .73 FEET; TMMCR NORTH 16 DEGREES 45 MINUTES 44 SECONDS WEST A਍ഀ DISTANCE OF 7.00 FEET; THENCE SOUTH 73 DEGREES 14 MINMS 16 SECONDS WEST A਍ഀ DISTANCE OF 27.21 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF BRIDGE਍ഀ STREET; THENCE ON AN ANGLE TO TEE RIGHT OF 102 DEGREES 13 MINUTES 23 SECONDS਍ഀ AND ALONG SAID EAST RIGHT-OF-WAX LINE AND ALONG A CURVE TO THE RIGHT HAVING A਍ഀ RADIUS OF 191.07 FEET, A CENTRAL ANGLE OF 1 DEGREE 57 MINUTES 43 SECONDS, AN਍ഀ ARC DISTANCE OF 6.45 FEET, THENCE NORTH 73 DEGREES 14 MINUTES 16 SECONDS EAST A਍ഀ DISTANCE OF 36.41 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 02 SECONDS EAST A਍ഀ DISTANCE OF 12.41 PENT; THENCE SOUTH 09 DEGREES 56 MINUTES 58 SECONDS EAST A਍ഀ DISTANCE OF 59.47 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 02 SECONDS EAST A਍ഀ DISTANCE OF 2.14 FEET; THENCE NORTH 89 DEGREES 35 MINUTES 22 SECONDS EAST A਍ഀ DISTANCE OF 3.75 FEET TO THE TRUE POINT OF SEGINNING.਍ഀ TOGETHER WITH AN ACCESS EASEMENT AS GRANTED UNDER AGRZM NNT RECORDED AUGUST 10,਍ഀ 1967 IN BOOR 211 AT PAGE 26.AND SETTLEMENT STIPULATION AND ORDER RECORDED JUNE਍ഀ 24, 1988 IN BOOK 486 AT PAGE."259. SAID EASEMENT IS DESCRIBED AS FOLLOWS,਍ഀ THAT PORTION OF A PARCEL OF LAND DESCRIBED IN BOOK 188 AT PAGE 151 OF THE਍ഀ EAGLE COUNTY, COLORADO, CLERK AND RECORDER, SAID PARCEL LYING WITHIN LOTS A,਍ഀ S, AND C, BLOCK 5A, VAIL VILLAGE, FIRST FILING, ACCORDING TO THE MAP THEREOF਍ഀ RECORDED IN THE OFFICE OF THE- EAGLE COUNTY,' COLORADO, CLERK AND RECORDER,਍ഀ DESCRIBED AS FOLLOWS;਍ഀ BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL OF LAND, SAID POINT OF਍ഀ BE®INNING ALSO BEING TER NORTHEAST CORNER OF SAID LOT A, THENCE ALONG THS਍ഀ EASTERLY LINE OF SAID PARCEL SOO°09'00"E 54.37 FEET T6 THE SOUTHEAST CORNER OF਍ഀ SAID PARCEL; THENCE ALONG THE SOUTHERLY LING OF SAID PARCEL'S89°35'2200W 17.51਍ഀ FEET; THENCE DEPARTING SAID SOUTHERLY LINE 5 COURSES 1) NOD-09'00"W 4.50 FEET਍ഀ 2) N89°51"00"R 4.50 FEET 3) N00°09'00"W 18.00 FEET 4) N44°51'00"2 7.08 FEET 5)਍ഀ N00°09'00"N 28.24 FEET TO THE NORTHERLY LINE OF SAID PARCEL; THENCE ALONG SAID਍ഀ NORTHERLY LINE 8.10 PENT ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS਍ഀ OF 285.89 FEET, A CENTRAL ANGLE OF 01°37'28" AND A CHORD THAT SEARS਍ഀ S80°55'39"E 8.10 PERT TO THE POINT OF BEGINNING.਍ഀ Form E%"ISITA 01/17/03 V50020490਍ഀ 200729758 2 OF 2਍ഀ SKLD LG SKL10256 EG 29758-2007.002਍ഀ SPECIAL WARRANTY DEED਍ഀ THIS DEED, made this 13th day of .lute. 2007, between਍ഀ Jeffrey 13. Selby਍ഀ of the said County of Denver and State of Colorado, Grantor, and਍ഀ Bridge Street Building LLC, a Colorado limited liability company਍ഀ whose legal address is: 1060 14th Street, Denver CO CO਍ഀ of the said County of Denver and State of Colorado, grantee;਍ഀ 102- 0 41-਍ഀ WITNESS, that the grantor, for and in consideration of the sum of਍ഀ ($10.00 ) Ten dollars and other good and valuable. consideration, the receipt and sufficiency of which is hereby acknowledged, has਍ഀ granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantees, their਍ഀ heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any,਍ഀ situate, lying and being in the County of Eagle and State of Colorado described as follows:਍ഀ An undivided one-third interest in and to:਍ഀ Condominium Units C-1, C-2 and C-3,਍ഀ RUCKSACK CONDOMINIUMS.਍ഀ 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.਍ഀ also known by street and number as: 288 Bridge Street Units C-1, C-2 & C-3, Vail, CO 81657਍ഀ TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the਍ഀ reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and਍ഀ demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditamems and਍ഀ appurtenances.਍ഀ TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and਍ഀ assigns forever,਍ഀ The grantor, for himself, his heirs, and personal representatives or successors, do covenant, and agree that he shall and will਍ഀ WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, his heirs਍ഀ and assigns, against all and every person or persons claiming the whole or any part thereof, by, and through or under the grantor. The਍ഀ singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders.਍ഀ TN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above.਍ഀ STATE OF Colorado )਍ഀ COUNTY OF >D t f3t1 Q- ) ss.਍ഀ The foregoing instrument was acknovledged before me this ? day of ..,J y1 ZOp Z਍ഀ Jeffrey B. Selby --4 - - by਍ഀ My commission expires: L~਍ഀ Stcvrart'fitic nfColontJe - Vail Division File. \'nmtnro 703117o3਍ഀ c~9'F9~a151~tPal਍ഀ EAGLE COUNTY, CO 200718014਍ഀ TEAK J SIMONTON J pga= 1 08S1'25RCI 07/19/20,07਍ഀ REC~ sr-ea Occ=਍ഀ I I1111 it 111 ii l~ 1111 !Ei 1$111112, 11਍ഀ I &਍ഀ r -~jq਍ഀ Page T of 1਍ഀ SKLD LG SKL10256 EG 19014-2007-001਍ഀ Cagle ~-:ounty Uovernment - Property Assessment and 'Iax .Intonnation Page I of 1਍ഀ Eagle County Government Proper, Assessment and "fax Information਍ഀ SEARCH RESULTS਍ഀ Select a rove below and click view to see retailed information about that property਍ഀ Click on the parcel number to view the GIS reap,਍ഀ View basic information VIVO' legal description਍ഀ Acc r r,lir>rt P is c L et Maine਍ഀ 80098 21171 Ot3244J03 BRIDGE STREET BUILDING LLC 000288 BRIDGE STVASILAREA਍ഀ R00983 210100244004 BRIDGE STREET BUILDING LLG ~ 000288 BRIDGE STVAIL AREA਍ഀ R00989 210108244005 BRIDGE STREET BU LDWO LLC ~ 000288 BRIDGE ST VAsIL AREA਍ഀ R00994q 21 01 08241 002 BRIDGE STREET BUILDING LLC ~ 000288 BRIDGE STVAIL AREA਍ഀ 4 records returned Export Printable Page View _ Cancel਍ഀ http://fcs.eaglecounty.us/patie/index_content.cfm 12/13/2007਍ഀ Land Title Guarantee Company਍ഀ Date: December 13, 2007਍ഀ BRIDGE STREET BUILDING LLC, A COLORADO LIMITED LIABILITY COMPANY਍ഀ 1.060 14TH STREET਍ഀ DENVER, CO 80202਍ഀ Enclosed please find the title insurance policy for your property਍ഀ located at 288 BRIDGE STREET AKA PART OF LOTS C AND D, BLOCK 5A VAIL VILLAGE਍ഀ The following endorsements are included in this policy:਍ഀ a਍ഀ Deletion of Exceptions 1-3਍ഀ Deletion of General Exception 4਍ഀ Patent Endorsement਍ഀ Subdivision Map਍ഀ Endorsement 103.IA਍ഀ Alta Endorsement No. 9,.2਍ഀ Please review this policy in its entirety. In the event that you find any discrepancy, or if you have any questions਍ഀ regarding your final title policy, you may contact Title Department਍ഀ Phone: 970-476-2251 Fax: 970-476-4732਍ഀ Please refer to our Order No. V50020490਍ഀ Should you decide to sell the property described in this policy, or if you are required to purchase a new title਍ഀ commitment for mortgage purposes, you may be entitled to a credit toward future title insurance premiums.਍ഀ Land Title Guarantee Company will retain a copy of this policy so we will be able to provide future products਍ഀ and services to you quickly and efficiently.਍ഀ Thank you for giving us the opportunity to serve you.਍ഀ Sincerely,਍ഀ Land Title Guarantee Company਍ഀ American Land Title Association਍ഀ OWNER'S POLICY਍ഀ (06-17-06)਍ഀ CHICAGO TITLE INSURANCE COMPANY਍ഀ ANY NOTICE OF CLAIM AND ANY OTHER NOTICE OR STATEMENT IN WRITING REQUIRED TO BE GIVEN TO THE COMPANY UNDER THIS POLICY MUST BE GIVEN TO THE COMPANY਍ഀ AT THE ADDRESS SHOWN IN SECTION 18 OF THE CONDITIONS.਍ഀ COVERED RISKS਍ഀ SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, CHICAGO TITLE INSURANCE਍ഀ COMPANY, a Missouri corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage,਍ഀ not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of:਍ഀ 1. Title being vested other than as stated in Schedule A.਍ഀ 2. Any defect in or lien or encumbrance on the title; This covered Risk includes but is not limited to insurance against loss from਍ഀ (a) A defect in the Title caused by਍ഀ (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;਍ഀ (ii) failure of any person or Entity to have authorized a transfer or conveyance;਍ഀ iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered;਍ഀ (iv) failure to perform those acts necessary to create a document by electronic means authorized by law;਍ഀ (v) a document executed under a falsified, expired, or otherwise invalid power of attorney;਍ഀ Ni) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or਍ഀ (vii) a defective judicial or administrative proceeding.਍ഀ (h) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid.਍ഀ (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the਍ഀ Land. The term "encroachment" includes encroachments of existing improvements located an the Land onto adjoining land, and encroachments onto the. Land of existing਍ഀ improvements located on adjoining land.਍ഀ 3. Unmarketable Title.਍ഀ 4. No right of access to and from the Land.਍ഀ 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to਍ഀ (a) the occupancy, use or enjoyment of the Land;਍ഀ Ib) the character, dimensions, or location of any improvement erected on the Land; g਍ഀ (c) the subdivision of land; or਍ഀ (d) environmental protection਍ഀ if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the exteht of the'violation or਍ഀ enforcement referred to in that notice.਍ഀ 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the਍ഀ Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice.਍ഀ 7. The exercise of the rights of eminent domain if a notice'of the exercise, describing any part of the Land, is recorded in the Public Records.਍ഀ 6. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.਍ഀ 9. Title being vested other than as stated in Schedule A or being defective਍ഀ (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfor of all or any part of the title to or any intersest in਍ഀ the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under਍ഀ federal bankruptcy, state insolvency, or similar creditors' rights laws; or਍ഀ (6) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or਍ഀ similar creditors' rights laws by reason of the failure of its recording in the Public Records਍ഀ (i) to be timely, or਍ഀ Gi) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.਍ഀ 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the਍ഀ Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.਍ഀ The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the਍ഀ Conditions.਍ഀ CHICAGO TITLE INSURANCE COMPANY਍ഀ Issued through the Office of:਍ഀ LAND TITLE GUARANTEE COMPANY਍ഀ 108 S FRONTAGE RD W #203਍ഀ ~~NSUny `~LL਍ഀ VAIL, CO 81657਍ഀ A,\ - tics਍ഀ ,਍ഀ ਍ഀ 970.476.2251਍ഀ o਍ഀ 0.`oRPORq਍ഀ 'rF਍ഀ o਍ഀ ਍ഀ =਍ഀ T਍ഀ u ` SEAL `਍ഀ Authorized Signature਍ഀ * * r,(S਍ഀ AO.CHI.06 (ALTA 06.17.06) Cover Page t of 5਍ഀ EXCLUSIONS FROM COVERAGE਍ഀ The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees,਍ഀ arise by reason of: orexpensesthat਍ഀ 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to਍ഀ (i) the occupancy, use, or enjoyment of the Land;਍ഀ (ii) the character, dimensions, or location of any improvement erected on the Land;਍ഀ (iii) the subdivision of land; or਍ഀ (iv) environmental protection;਍ഀ or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under਍ഀ Covered Risk S.਍ഀ (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk B.਍ഀ 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or B.਍ഀ 3. Defects, liens, encumbrances, adverse claims, or other matters਍ഀ (a) created, suffered, assumed, or agreed to by the Insured Claimant;਍ഀ (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the਍ഀ Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;਍ഀ (c) resulting in no loss or damage to the Insured Claimant;਍ഀ (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or਍ഀ (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.਍ഀ 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in਍ഀ Schedule A, is਍ഀ (a) a fraudulent conveyance or fraudulent transfer, or਍ഀ (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.਍ഀ 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of਍ഀ the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.਍ഀ CONDITIONS਍ഀ 1. DEFINITION OF TERMS਍ഀ The following terms when used in this policy mean:਍ഀ (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or deceased by endorsement to this policy, increased by Section B(b) or਍ഀ decreased by Sections 10 and 11 of these Conditions.਍ഀ (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A.਍ഀ (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity.਍ഀ (d) "Insured": The Insured named in Schedule A.਍ഀ (i) The term "Insured" also includes਍ഀ (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal਍ഀ representatives, or next of kin;਍ഀ (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization;਍ഀ (C) successors to an Insured by its conversion to another kind of Entity;਍ഀ (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title਍ഀ (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured.਍ഀ (2) if the grantee wholly owns the named Insured,਍ഀ (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are਍ഀ both wholly-owned by the same person or Entity, or਍ഀ (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A਍ഀ for estate planning purposes.਍ഀ (ii) With regard to (A), (B), (C), and (0) reserving, however, all rights and defensed as to any sucessor that the Company would have had against any਍ഀ predecessor Insured.਍ഀ (e) "Insured Claimant": An Insured claiming loss or damage.਍ഀ (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any਍ഀ other records that impart contructive notice of matters affecting the Title.਍ഀ (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond਍ഀ the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenue, alleys, lanes, ways, or਍ഀ waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy.਍ഀ (h) "Mortgage": Mortgage, deed of trust, trust deet, or other security instrument, including one evidenced by electronic means authorized by law.਍ഀ (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to਍ഀ purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the਍ഀ records of the clerk of the United States District Court for the district where the Land is located.਍ഀ Q) "Title": The estate or interest described in Schedule A.਍ഀ "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be਍ഀ released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title.਍ഀ 2. CONTINUATION OF INSURANCE਍ഀ The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or਍ഀ holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of਍ഀ warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in਍ഀ the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured.਍ഀ AO.CHI.06.2 Cover Page 2 of 5਍ഀ 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT਍ഀ The Insured shall notify the Company promptly in writing W in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to਍ഀ an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable਍ഀ by virtue of this policy, or (iii) it the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide਍ഀ prompt notice, the Company's liability to the Insured Claimant under the policy shall he reduced to the extent of the prejudice.਍ഀ 4. PROOF OF LOSS਍ഀ In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured਍ഀ Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that consitutes the਍ഀ basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage.਍ഀ 5. DEFENSE AND PROSECUTION OF ACTIONS਍ഀ (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without਍ഀ unreasaonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the਍ഀ Insurd. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to਍ഀ select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action.਍ഀ It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the਍ഀ defense of those causes of action that allege matters not insured against by this policy,਍ഀ (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or਍ഀ proceeding or to do any other act that in its opinion may be necessary or desireable to establish the Title, as insured, or to prevent or reduce loss or਍ഀ damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The਍ഀ exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercies its rights under this subsection,਍ഀ it must to so diligently.਍ഀ (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final਍ഀ determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order.਍ഀ DUTY OF INSURED CLAIMANT TO COOPERATE਍ഀ (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured਍ഀ shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the਍ഀ Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in਍ഀ securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the-਍ഀ opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the਍ഀ Insured to furnish the required cooperation, the Company's obligation to the Insured under the policy shall terminate, including any liability or obligation to਍ഀ defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation.਍ഀ (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to਍ഀ produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company,਍ഀ all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether਍ഀ bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the਍ഀ Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of਍ഀ these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured਍ഀ Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in਍ഀ the administration of the claim. Failure of the Insured Claimant to submit for examination under oath produce any reasonably requested information, or grant਍ഀ permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation,਍ഀ shall terminate any liability of the Company under this policy as to that claim.਍ഀ 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY਍ഀ In case of a claim under this policy, the Company shall have the following additional options:਍ഀ (a) To Pay or Tender Payment of the Amount of Insurance.਍ഀ To pay or tender payment of the Amount of Insurance under this policy to.getherwith any costs, attorneys' fees, and expenses incurred by the Insured Claimant਍ഀ that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay.਍ഀ Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment਍ഀ required in thie subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation.਍ഀ (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant.਍ഀ (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the਍ഀ Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the fine of਍ഀ payment and that the Company is obligated to pay; or਍ഀ Ci) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and਍ഀ expensed incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay.਍ഀ Upon the exercise by the Company of either of the options providedfor in subsections (b)(i) or (ii), the Company's obligations to the Insured under this਍ഀ policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or਍ഀ continue any litigation.਍ഀ B. DETERMINATION AND EXTENT OF LIABILITY਍ഀ This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by਍ഀ reason of matters insured against by this policy.਍ഀ (a) The extent of liability of the Company for loss or damage under this poicy shall not exceed the lesser of਍ഀ (i) the Amount of Insurance; or਍ഀ 01 the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy਍ഀ AO.CHI.06.3 Cover Page 3 of 5਍ഀ (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured,਍ഀ (i) the Amount of Insurance shall be increased by 10°x, and਍ഀ (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant਍ഀ or as of the date it is settled and paid.਍ഀ (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections਍ഀ 5 and 7 of these Conditions.਍ഀ 9. LIMITATION OF LIABILITY਍ഀ (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures਍ഀ the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall਍ഀ have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the insured.਍ഀ (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until਍ഀ there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured.਍ഀ (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior਍ഀ written consent of the Company.਍ഀ 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY਍ഀ All payments under this poicy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment.਍ഀ 11. LIABILITY NONCUMULATIVE਍ഀ The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which਍ഀ the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the਍ഀ amount so paid shall be deemed a payment to the Insured under this policy.਍ഀ 12. PAYMENT OF LOSS਍ഀ When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days.਍ഀ 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT਍ഀ (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title਍ഀ and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any਍ഀ loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the਍ഀ transfer to the Company of these rights and remedies. The Insuret Claimant shall permit the Company to sue, compromise, or settle in the name of the਍ഀ Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies.਍ഀ If a payment on accunt of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after਍ഀ the Insured Claimant shall have recovered its loss.਍ഀ (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policys of insurance, or bonds, notwithstanding਍ഀ any terms or conditions contained in those instruments that address subrogation rights.਍ഀ 14. ARBITRATION਍ഀ Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbtration Rules of the਍ഀ American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons,਍ഀ Arbitrable matters may include, but are not limited to, any controversy or claim bewteen the Company and the Insured arising out of or relating to this policy, any਍ഀ service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All਍ഀ arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company of the Insured. All arbitrable matters਍ഀ when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this਍ഀ policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction.਍ഀ 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT਍ഀ (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In਍ഀ interpreting any provision of this policy, this policy shall be construed as a whole.਍ഀ (b) Any claim or loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy.਍ഀ (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by਍ഀ Schedule A of this policy.਍ഀ (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement਍ഀ expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy,਍ഀ or fiv) increase the Amount of Insurance.਍ഀ 16. SEVERABILITY਍ഀ In the event any provision of this poicy, in whole or in part, is held invalid or unenforceabe under applicable law, the policy shall be deemed not to include that਍ഀ provision or such part held to be invalid, but all other provisions shall remain in fug force and effect.਍ഀ AO.CHI.08.4 Cover Page 4 of 5਍ഀ 17. CHOICE OF LAW; FORUM਍ഀ (a) Choice of Law; The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in਍ഀ reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the਍ഀ jurisdicton where the Land is located.਍ഀ Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are਍ഀ adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to਍ഀ determine the applicable law.਍ഀ (b) Choice of Forum; Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the਍ഀ United States of America or its territories having appropriate jurisdiction.਍ഀ 18. NOTICES, WHERE SENT਍ഀ Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at:਍ഀ Chicago Title Insurance Company, Attn: Claims Department, P.0. Box 45023, Jacksonville, FLorida 322325023.਍ഀ ri:਍ഀ AO.CHI.06.5 Cover Page 5 of 6਍ഀ Form AO/CHI਍ഀ Chicago Policy No. 72306-30611਍ഀ Our Order No. V50020490 Schedule A਍ഀ Amount $1,800,000.00਍ഀ Property Address: 288 BRIDGE STREET AKA PART OF LOTS C AND .D, BLOCK 5A, VAIL VILLAGE FIRST FILIN਍ഀ VAIL CO 81657਍ഀ l.. Policy Date: November 07, 2007 at 5:00 P.M.਍ഀ 2. Name of Insured:਍ഀ BRIDGE STREET BUILDING LLC, A COLORADO LIMITED LIABILITY COMPANY਍ഀ 3. The estate or interest in the land described or referred to in this Schedule and which is covered by this policy is:਍ഀ A Fee Simple਍ഀ 4. Title to the estate or interest covered by this policy at the date hereof is vested in:਍ഀ BRIDGE STREET BUILDING LLC, A COLORADO LIMITED LIABILITY COMPANY਍ഀ 5. The land referred to in this policy is described as follows:਍ഀ SEE ATTACHED "EXHIBIT A" FOR LEGAL DESCRIPTION਍ഀ This Policy valid only if Schedule B is attached.਍ഀ Land Title Guarantee Company਍ഀ Representing Chicago Title Insurance Company਍ഀ Our Order No. V50020490਍ഀ EXHIBIT "A" LEGAL DESCRIPTION਍ഀ THAT PART OF LOTS C AND D, BLOCK 5-A, VAIL VILLAGE FIRST FILING, COUNTY OF਍ഀ EAGLE, STATE OF COLORADO, DESCRIBED AS FOLLOWS;਍ഀ COMMENCING AT THE NORTHEAST CORNER OF LOT C, VAIL VILLAGE FIRST FILING; THENCE਍ഀ SOUTH 00 DEGREES 09 MINUTES 00 SECONDS EAST A DISTANCE OF 7.60 FEET; THENCE਍ഀ SOUTH 89 DEGREES 35 MINUTES 22 SECONDS WEST A DISTANCE OF 13.76 FEET TO THE਍ഀ TRUE POINT OF BEGINNING; THENCE SOUTH 0 DEGREES 24 MINUTES 38 SECONDS EAST A਍ഀ DISTANCE OF 13.68 FEET; THENCE SOUTH 73 DEGREES 14 MINUTES 16 SECONDS WEST A਍ഀ DISTANCE OF 25.34 FEET; THENCE NORTH 16 DEGREES 45 MINUTES 44 SECONDS WEST A਍ഀ DISTANCE OF 4.10 FEET; THENCE SOUTH 73 DEGREES 14 MINUTES 16 SECONDS WEST A਍ഀ DISTANCE OF 46.73 FEET; THENCE NORTH 16 DEGREES 45 MINUTES 44 SECONDS WEST A਍ഀ DISTANCE OF 7.00 FEET; THENCE SOUTH 73 DEGREES 14 MINUTES 16 SECONDS WEST A਍ഀ DISTANCE OF 27.21 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF BRIDGE਍ഀ STREET; THENCE ON AN ANGLE TO THE RIGHT OF 102 DEGREES 13 MINUTES 23 SECONDS਍ഀ AND ALONG SAID EAST RIGHT-OF-WAY LINE AND ALONG A CURVE TO THE RIGHT HAVING A਍ഀ RADIUS OF 191.07 FEET, A CENTRAL ANGLE OF 1 DEGREE 57 MINUTES 43 SECONDS, AN਍ഀ ARC DISTANCE OF 6.45 FEET; THENCE NORTH 73 DEGREES 14 MINUTES 16 SECONDS EAST A਍ഀ DISTANCE OF 36.91 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 02 SECONDS EAST A਍ഀ DISTANCE OF 12,41 FEET; THENCE SOUTH 89 DEGREES 56 MINUTES 58 SECONDS EAST A਍ഀ DISTANCE OF 59.47 FEET; THENCE NORTH 0 DEGREES 03 MINUTES 02 SECONDS EAST A਍ഀ DISTANCE OF 2.14 FEET; THENCE NORTH 89 DEGREES 35 MINUTES 22 SECONDS EAST A਍ഀ DISTANCE OF 3.75 FEET TO THE TRUE POINT OF BEGINNING.਍ഀ TOGETHER WITH AN ACCESS EASEMENT AS GRANTED UNDER AGREEMENT RECORDED AUGUST 10,਍ഀ 1967 IN BOOK 211 AT PAGE 26 AND SETTLEMENT STIPULATION AND ORDER RECORDED JUNE਍ഀ 24, 1988 IN BOOK 486 AT PAGE 259. SAID EASEMENT IS DESCRIBED AS FOLLOWS:਍ഀ THAT PORTION OF A PARCEL OF LAND DESCRIBED IN BOOK 188 AT PAGE 151 OF THE਍ഀ EAGLE COUNTY, COLORADO, CLERK AND RECORDER, SAID PARCEL LYING WITHIN LOTS A,਍ഀ B, AND C, BLOCK 5A, VAIL VILLAGE, FIRST FILING, ACCORDING TO THE MAP THEREOF਍ഀ RECORDED IN THE OFFICE OF THE EAGLE COUNTY, COLORADO, CLERK AND RECORDER,਍ഀ DESCRIBED AS FOLLOWS;਍ഀ BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL OF LAND, SAID POINT OF਍ഀ BEGINNING ALSO BEING THE NORTHEAST CORNER OF SAID LOT A, THENCE ALONG THE਍ഀ EASTERLY LINE OF SAID PARCEL S00°09'00"E 54.37 FEET TO THE SOUTHEAST CORNER OF਍ഀ SAID PARCEL; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL S89°35'22"W 17.51਍ഀ FEET; THENCE DEPARTING SAID SOUTHERLY LINE 5 COURSES 1) N00°09'00"W 4.50 FEET਍ഀ 2) N89°51'00"E 4.50 FEET 3) N00°09'00"W 18.00 FEET 4) N44°51'00"E 7.08 FEET 5)਍ഀ N00°09'00"W 28.24 FEET TO THE NORTHERLY LINE OF SAID PARCEL; THENCE ALONG SAID਍ഀ NORTHERLY LINE 8.10 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS਍ഀ OF 285.89 FEET, A CENTRAL ANGLE OF 01 °37'28" AND A CHORD THAT BEARS਍ഀ S80055'39 "E 8.10 FEET TO THE POINT OF BEGINNING.਍ഀ Form AO/CHI਍ഀ Chicago Policy No. 72306-30611਍ഀ Our Order No. V50020490਍ഀ Schedule B਍ഀ This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses)਍ഀ which arise by reason of:਍ഀ General Exceptions:਍ഀ 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.਍ഀ Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be਍ഀ disclosed by an accurate and complete land survey of the Land.਍ഀ Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and਍ഀ not shown by the public records.਍ഀ 2007 TAXES NOT YET DUE AND PAYABLE.਍ഀ 6. EXISTING LEASES AND TENANCIES, IF ANY.਍ഀ 7. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE਍ഀ THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES਍ഀ AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 04, 1923, IN BOOK਍ഀ 93 AT PAGE 98.਍ഀ 8. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE਍ഀ UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 04,਍ഀ 1923, IN BOOK 93 AT PAGE 98.਍ഀ 9. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE,਍ഀ BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE,਍ഀ COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS,਍ഀ DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS਍ഀ SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT਍ഀ SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED਍ഀ IN INSTRUMENT RECORDED AUGUST 10, 1962, IN BOOK 174 AT PAGE 179.਍ഀ 10. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON਍ഀ THE RECORDED PLAT OF VAIL VILLAGE FIRST FILING.਍ഀ 11. EASEMENT AS RESERVED IN DEED RECORDED AUGUST 10, 1967 IN BOOK 211 AT PAGE਍ഀ 21.਍ഀ Form AO/CHl਍ഀ Chicago Policy No. 72306-30611਍ഀ Our Order No. V50020490਍ഀ Schedule B਍ഀ 12. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED AUGUST 10, 1967 IN਍ഀ BOOK 211 AT PAGE 26 AND SETTLEMENT STIPULATION AND ORDER RECORDED JUNE 24,਍ഀ 1988 IN BOOK 486 AT PAGE 259.਍ഀ 13. THE EFFECT OF ROOF OVERHANG ONTO THE SOUTHERLY PORTION OF SUBJECT PROPERTY਍ഀ AS SHOWN ON IMPROVEMENT LOCATION CERTIFICATE PREPARED OCTOBER 15, 2007 BY਍ഀ EAGLE VALLEY SURVEYING, INC., JOB NO. 286-1.਍ഀ THIS EXCEPTION REFERS TO THAT PORTION THAT IS NOT WITHIN THE EASEMENT਍ഀ AREA.਍ഀ 14. TERMS, CONDITIONS AND PROVISIONS OF HAZARDOUS SUBSTANCE CERTIFICATE਍ഀ RECORDED NOVEMBER 07_2007 AT RECEPTION NO. 200729761.਍ഀ 15. DEED OF TRUST DATED OCTOBER 31, 2007, FROM BRIDGE STREET BUILDING LLC, A਍ഀ COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF EAGLE COUNTY਍ഀ FOR THE USE OF NORTHERN TRUST, N.A. TO SECURE THE,SUM OF $1,500,000.00਍ഀ RECORDED NOVEMBER 07, 2007, UNDER RECEPTION NO. 200729759.਍ഀ SAID DEED OF TRUST WAS FURTHER SECURED IN ASSIGNMENT OF RENTS RECORDED਍ഀ NOVEMBER 07, 2007, UNDER RECEPTION NO. 200729760.਍ഀ ITEM NOS. I THROUGH 3 OF THE GENERAL EXCEPTIONS ARE HEREBY DELETED.਍ഀ ITEM NO. 4 OF THE GENERAL EXCEPTIONS IS DELETED EXCEPT AS TO ANY LIENS਍ഀ RESULTING FROM WORK OR MATERIAL CONTRACTED FOR OR FURNISHED AT THE REQUEST਍ഀ OF BRIDGE STREET BUILDING LLC, A COLORADO LIMITED LIABILITY COMPANY.਍ഀ LAND TITLE GUARANTEE COMPANY਍ഀ Case V50020490਍ഀ Policy CTAIS0020490਍ഀ Loan਍ഀ ENDORSEMENT PATENT - 06਍ഀ The Company insures the insured against loss which the insured shall sustain by਍ഀ reason of damage to existing and future improvements, including lawns, shrubbery or਍ഀ trees resulting from the exercise of any right to use the surface of the land਍ഀ for enforcement of any vested or accrued water rights for mining, agricultural,਍ഀ manufacturing or other purpose., by or under the authority of the United States of਍ഀ America excepted from the description of the Land or shown in Paragraph਍ഀ 7 AND 8਍ഀ of Schedule B.਍ഀ This endorsement is issued as part of the policy. Except as it expressly states,਍ഀ it does not (i) modify any of the terms and provisions of the policy, (ii) modify਍ഀ any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount਍ഀ of Insurance. To the extent a provision of the policy or a previous endorsement is਍ഀ inconsistent with an express provision of this endorsement, this endorsement controls.਍ഀ Otherwise, this endorsement is subject to all of the terms and provisions of the਍ഀ policy and of any prior endorsements.਍ഀ Representing Chicago Title Insurance Company਍ഀ LAND TITLE GUARANTEE COMPANY਍ഀ ENDORSEMENT SUBDIVISION - 06਍ഀ Case V50020490਍ഀ Policy CTAX50020490਍ഀ Loan਍ഀ The Company hereby insures the Insured against loss or damage which the Insured shall਍ഀ sustain by reason of the failure of the Land described as਍ഀ 210108241002਍ഀ to constitute a lawfully created parcel according to the Colorado Revised Statute਍ഀ 30-28-101 and local ordinances, if any, adopted pursuant thereto.਍ഀ This endorsement is issued as part of the policy. Except as it expressly states,਍ഀ it does not (i) modify any of the terms and provisions of the policy, (ii) modify਍ഀ any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the਍ഀ Amount of Insurance. To the extent a provision of the policy or a previous਍ഀ endorsement is inconsistent with an express provision of this endorsement, this਍ഀ endorsement controls. Otherwise, this endorsement is subject to all of the terms਍ഀ and provisions of the policy and of any prior endorsements.਍ഀ Representing Chicago Title Insurance Company਍ഀ Land Title Guarantee Company਍ഀ Case V50020490਍ഀ Policy CTAX50020490਍ഀ ENDORSEMENT 103.1A਍ഀ The Company hereby insures the Insured against loss or damage which the Insured਍ഀ shall sustain resulting from:਍ഀ 1. Damage to the existing improvements, including lawns, shrubbery and trees,਍ഀ on the land;਍ഀ 2. Interference with the continuing use, as presently utilized, of the existing਍ഀ improvements on the land,਍ഀ occasioned by the exercise of the right to use or maintain the easement referred਍ഀ to in Schedule B, paragraph(s)8਍ഀ The total liability of the Company under said policy and any endorsements਍ഀ therein shall not exceed, in the aggregate, the face amount of said policy਍ഀ and costs which the Company is obligated under the Conditions and Stipulations਍ഀ thereof to pay.਍ഀ This endorsement is made a part of said policy and is subject to the਍ഀ Schedules, Conditions and Stipulations therein, except as modified by the਍ഀ provisions hereof.਍ഀ Representing Chicago Title Insurance Company਍ഀ Land Title Guarantee Company਍ഀ Case V50020490਍ഀ Policy CTAX50020490਍ഀ Loan਍ഀ ENDORSEMENT ALTA 9.2਍ഀ The Company insures the insured against loss or damage sustained by reason of:਍ഀ 1. The existence, at Date of Policy, of any of the following unless expressly excepted਍ഀ in Schedule B:਍ഀ (a) Present violations on the land of any enforceable covenants, conditions or਍ഀ restrictions, or any existing improvements on the land which violate any਍ഀ building setback lines shown on a plat of subdivision recorded or filed਍ഀ in the public records.਍ഀ (b) Any instrument referred to in Schedule B as containing covenants, conditions਍ഀ or restrictions on the land which, in addition, (i) established an easement਍ഀ on the land; (ii) provides for an option to purchase, a right of first਍ഀ refusal or the prior approval of a future purchaser or occupant; or (iii)਍ഀ provides a right of reentry, possibility of reverter or right of forfeiture਍ഀ because of violations on the land of any enforceable covenants, conditions਍ഀ or restrictions.਍ഀ (c) Any encroachment of existing improvements located on the land onto adjoining਍ഀ land, or any encroachment onto the land of existing improvements located on਍ഀ adjoining land.਍ഀ (d) Any encroachment of existing improvements located on the land onto that਍ഀ portion of the land subject to any easement excepted in Schedule B.਍ഀ (e) Any notices of violation of covenants, conditions and restrictions relating਍ഀ to environmental protection recorded or filed in the public records.਍ഀ 2. Damage to existing buildings:਍ഀ (a) Which are located on or encroach upon that portion of the land subject to਍ഀ any easement excepted in Schedule B, which damage results from the exercise਍ഀ of the right to maintain the easement for the purpose for which it was granted਍ഀ or reserved.਍ഀ (b) Resulting from the future exercise of any right existing at Date of Policy to਍ഀ use the surface of the land for the extraction or development of minerals਍ഀ excepted from the description of the land or excepted in Schedule B.਍ഀ 3. Any final court order or judgment requiring the removal from any land adjoining਍ഀ the land of any encroachment excepted in Schedule B.਍ഀ 4. Any final court order or judgment denying the right to maintain any existing਍ഀ improvements on the land because of any violation of covenants, conditions or਍ഀ restrictions or building setback lines shown on a plat of subdivision recorded or਍ഀ filed in the public records.਍ഀ Representing Chicago Title Insurance Company਍ഀ Land Title Guarantee Company਍ഀ ENDORSEMENT ALTA 9.2਍ഀ Policy CTAX50020490਍ഀ Wherever in this endorsement the words "covenants, conditions or restrictions" appear,਍ഀ they shall not be deemed to refer to or include the terms, covenants, conditions or਍ഀ limitations contained in an instrument creating a lease.਍ഀ As used in paragraphs 1(a) and 4, the words "covenants, conditions or restrictions"਍ഀ shall not be deemed to refer to or include any covenants, conditions or restrictions਍ഀ relating to environmental protection.਍ഀ This endorsement is made a part of the policy and is subject to all of the terms and਍ഀ provisions thereof and any prior endorsements thereto. Except to the extent expressly਍ഀ stated, it neither modifies any of the terms and provisions of the policy and any਍ഀ prior endorsements, nor does it extend the effective date of the policy and any਍ഀ prior endorsements, nor does it increase the face amount thereof.਍ഀ Page 2 of 2਍ഀ Representing Chicago Title Insurance Company਍ഀ ALTA Cotntnitment (6/17/06)਍ഀ ALTA Commitment Form਍ഀ COMMITMENT FOR TITLE INSURANCE਍ഀ Issued by਍ഀ F7~stewart਍ഀ title guaranty company਍ഀ Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration,਍ഀ commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the਍ഀ Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land਍ഀ described or referred to in Schedule A, upon payment of the premiums and charges and compliance with਍ഀ the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this਍ഀ Commitment.਍ഀ This Commitment shall be effective only when the identity of the Proposed Insured and the amount of਍ഀ the policy or policies committed for have been inserted in Schedule A by the Company.਍ഀ All liability and obligation under this Commitment shall cease and terminate six months after the਍ഀ Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided਍ഀ that the failure to issue the policy or policies is not the fault of the Company.਍ഀ The Company will provide a sample of the policy form upon request.਍ഀ This commitment shall not be valid or binding until countersigned by a validating officer or authorized਍ഀ signatory.਍ഀ IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to਍ഀ be hereunto affixed by its duly authorized officers on the date shown in Schedule A.਍ഀ Countersigned:਍ഀ Authorized Countersignature਍ഀ Stewart Title of Colorado - Vail Division਍ഀ 97 Main St., Suite W-201਍ഀ Edwards, Colorado 81632਍ഀ Phone Number: (970) 926-0230਍ഀ ~stevvc ovt਍ഀ title guaranty company਍ഀ ,N41 k1< Gyp਍ഀ Senior Chairman of the Board਍ഀ or I Chairman of the Board਍ഀ President਍ഀ ALTA Commitment (6/17/06)਍ഀ COMMITMENT FOR TITLE INSURANCE਍ഀ SCHEDULE A਍ഀ 1. Effective Date: December 10, 2007 at 8:00 a.m.਍ഀ 2. Policy or Policies To Be Issued:਍ഀ (a) A.L.T.A. Owner's਍ഀ (b) A.L.T.A. Loan਍ഀ Order No.: 7038708a਍ഀ Amount of Insurance਍ഀ 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:਍ഀ BRIDGE STREET BUILDING LLC, A COLORADO LIMITED LIABILITY COMPANY਍ഀ 5. The land referred to in this Commitment is described as follows:਍ഀ Condominium Units C-1, C-2 and C-3,਍ഀ RUCKSACK CONDOMINIUMS,਍ഀ 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:਍ഀ 288 Bridge Street Units C-1, C-2 & C-3਍ഀ Vail, Colorado 81657਍ഀ STATEMENT OF CHARGES਍ഀ These charges are due and payable਍ഀ before a Policy can be issued:਍ഀ Order No.: 7 Commitment a ~StM~t਍ഀ ALTA Commititment (6/17/06) - Schedule A਍ഀ Page I of 1 title guaranty company਍ഀ COMMITMENT FOR TITLE INSURANCE਍ഀ SCHEDULE B - Section 1਍ഀ REQUIREMENTS਍ഀ Order Number: 7038708a਍ഀ 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.਍ഀ 3. None. This report has been prepared for informational purposes only.਍ഀ Order No.: 70387081਍ഀ ALTA Commitment itment ( (6/17106) - Schedule B 3਍ഀ Page 1 of 1 title guaranty company਍ഀ COMMITMENT FOR TITLE INSURANCE਍ഀ SCHEDULE B - Section 2਍ഀ EXCEPTIONS਍ഀ Order Number: 7038708a਍ഀ The policy or policies to be insured 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. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title਍ഀ that would be disclosed by an accurate and complete land survey of the Land and 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 law and not shown by the public records.਍ഀ 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing 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 in acts authorizing the issuance਍ഀ thereof.਍ഀ 7. Water rights, claims or title to water.਍ഀ 8. Any and all unpaid taxes and assessments and unredeemed tax sales.਍ഀ 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil਍ഀ conservation or other district or inclusion in any water service or street improvement area.਍ഀ 10. 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.਍ഀ 11. Covenants, conditions and restrictions as contained in instrument recorded August 10, 1962 in਍ഀ Book 174 at Page 179.਍ഀ 12. Easements, restrictions and rights-of-ways as shown on the Plat of Vail Village First Filing.਍ഀ 13. 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.਍ഀ GrderNo.: 7038708a਍ഀ ALTA stV~~਍ഀ ALTA Commitment t ( (6/17/06) - Schedule B 2 V vV਍ഀ Page 1 of 2 title guaranty company਍ഀ 14. 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.਍ഀ 15. Condominium Declaration for The Rucksack Condominiums recorded April 27, 1978 in Book 269਍ഀ at 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.਍ഀ 16. Easements, restrictions and rights-of-ways as shown on the Condominium Map of Rucksack਍ഀ Condominiums.਍ഀ 17. 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.਍ഀ 18. Any and all existing leases and tenancies.਍ഀ 19. Any and all assessments or expenses which may be due and payable to Rucksack Condominium਍ഀ Association.਍ഀ 20. A Deed of Trust dated July 13, 2007, executed by Bridge Street Building LLC, to the Public਍ഀ Trustee of Eagle County, to secure an indebtedness of $5,500,000.00, in favor of Northern Trust਍ഀ NA recorded July 19, 2007 as Reception No. 200719017.਍ഀ 21. A Deed of Trust dated October 31, 2007, executed by Bridge Street Building LLC, to the Public਍ഀ Trustee of Eagle County, to secure an indebtedness of 81,500,000.00, in favor of Northern Trust਍ഀ NA recorded November 8, 2007 as Reception No. 200729867.਍ഀ ALTA Commitment itment ( {6/17/Q6) - Schedule B 2਍ഀ Order No.: -title guaranty company਍ഀ Page 2 of 2 title guaranty company਍ഀ DISCLOSURES਍ഀ Order Number: 7038708a਍ഀ Note: Pursuant to C.R.S. 10-11-122, notice is hereby given that:਍ഀ A. The subject real property may be located in a special taxing district;਍ഀ B. A certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the਍ഀ county treasurer's authorized agent;਍ഀ C. Information regarding special districts and the boundaries of such districts may be obtained from the board of਍ഀ county commissioners, the county clerk and recorder, or the county assessor.਍ഀ Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) requires that "Every title entity shall਍ഀ be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts਍ഀ the closing and is responsible for recording or filing of legal documents resulting from the transaction which was਍ഀ closed." Provided that Stewart Title of Colorado - Vail Division conducts the closing of the insured transaction and਍ഀ is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the਍ഀ Owner's Title Policy and the Lender's Title Policy when issued.਍ഀ Note: Affirmative Mechanic's Lien Protection for the Owner may be 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 indemnifying the Company against unfilled਍ഀ mechanic's and Materialmen's Liens.਍ഀ D. The Company must receive payment of the appropriate premium.਍ഀ E. If there has been construction, improvements or major repairs undertaken on the property to be purchased,਍ഀ within six months prior to the Date of the Commitment, the requirements to obtain coverage for਍ഀ unrecorded lines will include: disclosure of certain construction information; financial information as to਍ഀ the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity਍ഀ agreements satisfactory to the company; and, any additional requirements as may be necessary after an਍ഀ examination of the aforesaid information by the Company.਍ഀ No coverage will be given under any circumstances for labor or material for which the insured has contracted for or਍ഀ agreed to pay.਍ഀ Note: Pursuant to C.R.S. 10-11-123, notice is hereby given:਍ഀ 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.਍ഀ This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions,਍ഀ in Schedule B, Section 2.਍ഀ 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.਍ഀ Order No. 7038708a਍ഀ Stewart'T'itle of Colorado - Vail Division਍ഀ Disclosures਍ഀ 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 b/05਍ഀ 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 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 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 6105਍ഀ CONDITIONS਍ഀ 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security਍ഀ instrument.਍ഀ If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse਍ഀ claim or other matter affecting the estate or interest or mortgage thereon covered by this਍ഀ Commitment other than those shown in Schedule B hereof, and shall fail to disclose such਍ഀ knowledge to the Company in writing, the Company shall be relieved from liability for any loss or਍ഀ damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure਍ഀ to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the਍ഀ Company, or if the Company otherwise acquires actual knowledge of any such defect, lien,਍ഀ encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of਍ഀ this Commitment accordingly, but such amendment shall not relieve the Company from liability਍ഀ previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.਍ഀ 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and਍ഀ such parties included under the definition of Insured in the form of policy or policies committed for਍ഀ and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with਍ഀ the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or਍ഀ create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such਍ഀ liability exceed the amount stated in Schedule A for the policy or policies committed for and such਍ഀ liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions਍ഀ from Coverage of the form of policy or policies committed for in favor of the proposed Insured਍ഀ which are hereby incorporated by reference and are made a part of this Commitment except as਍ഀ expressly modified herein.਍ഀ 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of਍ഀ title or a report of the condition of title. Any action or actions or rights of action that the proposed਍ഀ Insured may have or may bring against the Company arising out of the status of the title to the estate਍ഀ or interest or the status of the mortgage thereon covered by this Commitment must be based on and਍ഀ are subject to the provisions of this Commitment.਍ഀ 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of਍ഀ Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the਍ഀ Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at<਍ഀ http://www. alta. ortr/>.਍ഀ s 2ware਍ഀ title guaranty company਍ഀ All notices required to be given the Company and any statement in writing required to be furnished the Company shall be਍ഀ addressed to it at P.O. Box 2029, Houston, Texas 77252.਍ഀ Description of Proposal਍ഀ This application is for changes to approved plans for the Rucksack Building (see attached਍ഀ approval form) and the addition of the Burton Snow Board Shop Site to the project. The਍ഀ modification to the approved plans include a small addition to the commercial space on਍ഀ the Burton Site and the addition of a second floor forming a portion of a residential unit਍ഀ to be added to the Rucksack Building in the space previously occupied by offices. The਍ഀ zoning analysis for both sites is attached. Upon approval of the project by the PEC and਍ഀ the DRB, the issuance of the Building Permit, and as a condition of any Occupancy਍ഀ Permit, the interior lot lines as delineated on the attached Improvement Survey Plat will਍ഀ be vacated by the execution and recording of a new Condominium Map for The਍ഀ Rucksack Condominiums.਍ഀ The Memorandum dated August 27, 2007 from the Senior Planner, Scot Hunn (see਍ഀ attached Memorandum) sets forth in detail criteria and compliance with applicable਍ഀ Master Plan and Planning Documents for the previous approval. The addition of the਍ഀ Burton Building and the modification of the second floor to the approved plans meet the਍ഀ criteria and analysis of the attached memo.਍ഀ TOWN OF PAIL਍ഀ 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 January 14, 2008, at 1:00 pm in the Town of Vail Municipal Building, in਍ഀ consideration of:਍ഀ A request for a final recommendation to the Vail Town Council, to allow for Special਍ഀ Business Promotion Permits, and setting forth details in regard thereto. (PEC07-0073)਍ഀ Applicant: Town of Vail਍ഀ Planner: Rachel Friede਍ഀ A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-਍ഀ 7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapters਍ഀ 12-23, Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Council, to਍ഀ establish standards and criteria related to mitigating employee housing requirements,਍ഀ and setting forth details in regard thereto. (PEC07-0075)਍ഀ Applicant: Town of Vail਍ഀ Planner: Nina Timm and Bill Gibson਍ഀ A request for a final review of variances from Section 12-71-1-10, Setbacks, and Section਍ഀ 12-71-1-14, Site Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, to਍ഀ allow for a stair and an underground parking garage vehicle ramp within the setbacks,਍ഀ and deviations from the maximum site coverage requirements, located at 610 West਍ഀ Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in਍ഀ regard there to. (PEC07-0077)਍ഀ Applicant: Landmark Condominium Association, represented by Fritzlen Pierce਍ഀ Architects਍ഀ Planner: Bill Gibson਍ഀ A request for a final review of variance from Section 12-6C-9, Site Coverage, Vail Town਍ഀ Code, pursuant to Chapter 12-17, Variances, to allow for additional site coverage to਍ഀ facilitate construction of a detached garage structure, located at 3140 Booth Falls਍ഀ Court/Lot 5, Block 2, Vail Village 12th Filing, and setting forth details in regard thereto.਍ഀ (PEC07-0078)਍ഀ Applicant: John Canon and Betty Vickers, represented by John Perkins਍ഀ Planner: Nicole Peterson਍ഀ A request for a final review of an exterior alteration, pursuant to Section 12-713-7,਍ഀ Exterior Alterations or Modifications, Vail Town Code, to allow for the redevelopment of਍ഀ the Rucksack Condominium Building and the Scott Building, located at 288 Bridge਍ഀ Street, part of Lot C and Lot D, Block 5A, Vail Village Filing 1. (PEC07-0076)਍ഀ Applicant: Jeffery B. Selby, represented by Jay Peterson਍ഀ Planner: Scot Hunn਍ഀ A request for final review of a variance from Chapter 14-6, Grading Standards, Vail਍ഀ Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for਍ഀ retaining walls in excess of six (6) feet in height, and a request for final review of a਍ഀ conditional use permit pursuant to Chapter 16, Conditional Use Permits, Vail Town਍ഀ Code, located at Tract K, Glen Lyon Subdivision and Unplatted Parcels, a more਍ഀ complete metes and bounds description is available at the Community Development਍ഀ Department and setting forth details in regard thereto. (PEC07-0080)਍ഀ Applicant: Vail Resorts Development, represented by Mauriello Planning Group LLC਍ഀ Planner: Bill Gibson਍ഀ 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.਍ഀ Gkilel਍ഀ Ol਍ഀ Published December 28, 2007, in the Vail Daily.਍ഀ Adiacent Property Owners਍ഀ Property਍ഀ 1. Lots a, b, and part of c.਍ഀ Bl. 5A, W Filing 1.਍ഀ Owner or Association਍ഀ 286 Bridgestreet Inc.਍ഀ 50 E. Sample Rd. Ste. 400਍ഀ Pompano Beach, F133064਍ഀ 2. Red Lion Condominiums਍ഀ 3. Bridge Street Condominiums਍ഀ 4. Plaza Lodge Condominiums਍ഀ 5. Tract G਍ഀ W Filing 1਍ഀ Red Lion Condominiums਍ഀ C/O Linda Malaby਍ഀ 610 W. Lionshead Circle Ste. 100਍ഀ Vail, Co 81657਍ഀ Bridge Street Condominiums਍ഀ Attn: Mark Cadmus਍ഀ 281 Bridge Street਍ഀ Vail, Co 81657਍ഀ Plaza Lodge Condominiums਍ഀ C/O Christiana Lodge਍ഀ Attn: John Everly਍ഀ 356 Hanson Ranch Rd.਍ഀ Vail, Co 81657਍ഀ Town of Vail਍ഀ Community Development Department਍ഀ Attn: Scot Hunn਍ഀ 75 S. Frontage Rd.਍ഀ Vail, Co 81657਍ഀ T਍ഀ #106354tFilod for Record: Aug.10,167 at 1:35 P.X.਍ഀ AGREEMENT਍ഀ Thin Agreement entered into this -jft_-Z day of਍ഀ between A ft D Enterprises, Inc, , a Colorado corpora-tic਍ഀ m, retealtar referred )਍ഀ to as "A and Fitabogh Scott, Jr., hereinafter referred to as "Scott", and਍ഀ ottie luehn/-hereinafter referred to as "Kuehn"i਍ഀ also known se Otte L. Kusba,਍ഀ i WITNESSETH;਍ഀ THAT WHEREAS, A k D is the owner of the real property and easements਍ഀ described an the attached Exhibit 'A', which by this relevance to made & 'part਍ഀ hoiesof and ii hereinafter referred to as Parcel A, and on which improvements.਍ഀ have been constructed, and਍ഀ WHEREAS, Scott is the owner of the real property descrtbed on the attached਍ഀ Exhibit 'B', which by this reference to made a part hereof and in hereinafter re-਍ഀ -ferred to as Parcel B, and an which improvements have been constructed, and਍ഀ WHEREAS, Kuehn in the owner of the real property and easements described.਍ഀ on the attached Exhibit 'C', which by this reference Is made a part hereof and is਍ഀ hereinafter referred to an Parcel C, and on which improvements have been aoa-਍ഀ structed, and਍ഀ WHEREAS, the improvements on Parcel B hays been constructed by the਍ഀ owner of Parcel B in such manner as to utilise the East 54.47 fast of the South਍ഀ wall located on Parcel A for support of the root and other improvements so Con-਍ഀ structed on Parcel B, all with the permission of the respective owners of Parcels l਍ഀ A and B. and਍ഀ WHEREAS, the improvements on Parcel B have been constructed by the਍ഀ owner of Parcel B in such manner he to utilise the Westerly 46, 63 feet of the਍ഀ Easterly 73.43. foot of the North wall located on Parcel C and the 4. 10 feet East਍ഀ wall which is i part of the North wall located on Parcel C for support of the roof਍ഀ and other ttnprovetnents 'so tonstructed on Parcel B, ail with the permission of਍ഀ the respective owners of Parcels B and C. and਍ഀ WHEREAS, additional improvements on Parcel C were constructed in sueh਍ഀ a manner as to utilise the rest ES. 34 feet of the South wall located on Parcel B਍ഀ for the support of Improvements constructed on Parcel C and the improvements਍ഀ appurtenant to Parcel C:which overhaul Parcel B. all with the permission of the਍ഀ respective owners of Parcels B and C, and਍ഀ • WHEREAS, there exist certain overhangs and Improvement extensions over i਍ഀ Parcel B, which overhangs and Improvement extensions are a part of, are 8.850-਍ഀ dated with and are appurtenant to the respective improvements located on Parcels਍ഀ A and B. and which (overhangs and improvement extensions).w}to so constructed i.਍ഀ ' with the permission of the owner of Parcel B.਍ഀ r਍ഀ i਍ഀ NOW THEREFORE, the parties do declare that the following terms, cove-਍ഀ nants, conditions, easements, restrictions, uses Lad obligations shall be deemed਍ഀ - to run with the land (Parcel' A, B and C), and shall be a.burden and a benefit to਍ഀ the parties hereto and'theSr respective heirs, executors, personal representatives, ,਍ഀ grantees, successors and assigns.਍ഀ 1, "Off Stich of owngrob4z nd msnts.' Seth owner ra0tftss,.approws and f਍ഀ 1 /Aid dNbirg Ill MArra i1N rn1 p»pIt IV, Nflprsvome®w riles !਍ഀ M and Mid Ntd"m bwdded and wl sod dddupihdd dl Mid alwthdd ►1h11d਍ഀ 1A1, 113, and IC-. •਍ഀ JAN 0D਍ഀ TOWN OF VAIL਍ഀ I* Ri bt to Its. Walls b Owner of PartescaI B. The owner of Parcel B shall have਍ഀ the right to the cu o the iaat 59, 47 t of the South wall and the Soutif 2. 14਍ഀ feet of the East wall located an Parcel A and the right to the use of the Westerly਍ഀ 44. 13 feet of the Easterly 73.43 feet of the North will located an Parcel C and the਍ഀ 4, 10 feet Seat wall which is a part of the North wail located an Parcel C (hereia-਍ഀ after referred to as party calls) for structural support of the improvements਍ഀ located on Parcel B and the right to attach thereto plumbing and electrical pipes,਍ഀ conduits, wires, equipment, fixtures, Interior partitions, finishing materials and਍ഀ other material. so may ba required for the beneficial use of the improvements਍ഀ located on Parcel S.਍ഀ The. use of the words "party wall" shall not be construed to mean that ownership਍ഀ of such walls vests In the owner of Parcel B.਍ഀ 3.' Right to'Uss Walls by _own" of Me C. The owner of Parcel C shall have਍ഀ the right to the tine of the et ZS. 34 teat of the South wall located on Parcel B਍ഀ (hereinafter referred to as a parry wall) for the structural support of the Improve-਍ഀ ments located on Parcel C and the improvements appurtenant to Parcel C which਍ഀ overhang Parcel B and the right to attach thereto plumbing and electrical pipes,਍ഀ conduits, wires, equipment, fixtures, interior partitions, finishing materials਍ഀ and other materials as'may be required for the beneficial use of the improve.਍ഀ meats located on Parcel C.਍ഀ The use of the words 'party wall's shall not be construed to mean that ownership਍ഀ of such wall vests in the owner of Parcel C.਍ഀ 4.. Damage to Party Walls located oa Parcels A and C, Structural or other਍ഀ damage to the party walla and the Improvement. located on Parcels A and C re-਍ഀ 'sulttug from the use thereof for structural support of the improvements located਍ഀ on Parcel B or by reason of snow, rain water or other drainage problems crested -਍ഀ by the existence of the improvements on Parcel B or the use thereof by the owner਍ഀ of Parcel 8 for the other purposes provided In paragraph 2 of thin Agreement shall਍ഀ be repaired and restored forthwith at the expense of and by the owner of Parcel B.਍ഀ ' Repair and restoration of the damaged party walla shall be to the condition of such਍ഀ improvements prior to the construction of the tinprovemeats an Parcel B. .਍ഀ In the event the owner of.Parcel,B fails, refuses or neglects to repair any damaged਍ഀ property, as is provided herein, the owners of Parcels A and C shall have a A&਍ഀ • to record a lien statement against Parcel B for the amount of such repairs Lad਍ഀ damages, which lien may be enforced by foreclosure of Parcel B in a like manner਍ഀ as a mortgage an rail property upou the recording of the lion statement. In Lay਍ഀ such foreclosure the owner of Pared B dull be required to pay the touts and ax-਍ഀ peneea of such foreclosure proceedings Including reasonable attorney's fees as਍ഀ part of the costs to be aaseased by the Court, The lien contemplated herela ahaU਍ഀ constitute a lien on Parcel B superior to all other lions and encumbrances except਍ഀ for tax and special assessment tuns in favor of anyasseaaing unit Lad all some਍ഀ • unpaid on a first mortgage or deed of trust of'record.਍ഀ S. Da - a to Party Wall Located on Parcel B, Structural or other damage to਍ഀ the party wau and the improvements located on Parcel 8 resulting from the use਍ഀ thereof for structural support of the Improvements located on Parcel C or by਍ഀ reason of stow, rain water or other drainage problems created by the existence '਍ഀ of the improvements on Parcel C or the use thereof by the owner of Parcel C for਍ഀ the other purposes provided in paragraph 3 of this Agreement shall be repaired਍ഀ and restored forthwith at the expense of and by the owner of Parcel C. Repair਍ഀ and restoration of the damaged party wall shall be to the condition of such inn.਍ഀ provemeats prior to the construction of the Improvements on Parcel C.਍ഀ b the sytai'140 mast It ^V911 G hilt, FlIM1111 N 140116/111 IS repair rally datllaped਍ഀ !►NorWi a is prowded•busNi, flit wan of 1011461 i SU11 MV1 s right it resold਍ഀ _2_ ,਍ഀ alien statement against Parcel C for the amount of such repairs and damages,਍ഀ -Aleh lien may be infoieed by'forsclosure'bf Parcel C In alike rusuner as a਍ഀ mortgage on real property upon the recording of the lien statemeni. In any ouch਍ഀ foreclosure the owner of Parcel C shall be required to pay the costs.and expenses਍ഀ of such foreclosure proceedings including reasonable attorney-e fees as a part of਍ഀ the coats to be Assessed by the Court. The lien contemplated herein shall can.਍ഀ etituts a lien on Parcel C superior to all other liens and encumbrances except਍ഀ for tax and special assessment liens in favor of any assessing unit and all sums਍ഀ unpaid on a first mortgage or deed of trust of record.਍ഀ 6. Structural Tnteerity of Party Walla. The owner of Parcel 8 shall not impair਍ഀ the structural Integrity of the pasty walls described in paragraph 2. The owner਍ഀ of Parcel C shall not impair the structural integrity of the party wall described਍ഀ in paragraph 3.਍ഀ 7. Ali ht Limitations of Im ravemena on Parcel B. The height of the improve.਍ഀ Mena on Pazcel B ahaU sot Ifs extend (improved) vertically to an elevation਍ഀ higher than the slils of the second story of the improvemants on either Parcels A਍ഀ or C; provided, however, that any such additional improvement shall not interfere਍ഀ with the overhanging easements appurtenant to either Parcels A or C.਍ഀ 9. Destruction of ila ayam es [Parcats A or C), Reference is made to the਍ഀ party walls described a paragraph 2, I1t the event of damage or destruction of਍ഀ the improvements located an either Parcel A or Parcel C. or both, due to fire਍ഀ or other disaster resulting to or adversely affecting the use of the Party wall or,਍ഀ -walls for the purposes intended (support of the Improvements on Parcel B), the਍ഀ owners of Parcels A or C (one or both) aban not be obligated to rebuild, and In਍ഀ t3at event, the owner of PLlrcel B shall have the right to purchase that part of਍ഀ the real property an which the party wall(s) is located for a sum equal to;਍ഀ a. The appraised value of that land, and਍ഀ b. The cost of the wall itself less depreciation.਍ഀ 9. Destruction of lmcroremenes (Parcel SL Reference is made to the party wall਍ഀ describe., to paragraph 3, In the event of damage or destruction of the improve- '਍ഀ meats located as Parcel B due to flra or other disaster resulting in or. adversely਍ഀ affeeting the use of the party wall for the purposes intaeded (support of the im-਍ഀ provamews on Parcel B and the appurtenant improvements which overhang Parcel਍ഀ C), the owner of Parcel B shall not be obligated to rebuild, and In that event, the਍ഀ owner of Parcel C shall have the right to purchase tbat part of the real property਍ഀ on which the party wall is located for a sum equal to:਍ഀ s. The appraised value of that land, and਍ഀ b. The cost of the wall•iaelf less depreciation.਍ഀ 10.. Easement. The owner of Parcel A hereby grants to the owner of Parcel H਍ഀ A rig t-o~ f-way and easement across the last 17. 36 'fast of ?heel A for ingress਍ഀ and egress to and from Parcel $ to Gore Creek Drive he the uie and bensfit of਍ഀ the owner of Parcel B, his guests, tenants Ladsesigos.਍ഀ 11. General.਍ഀ a. Unless the contaxt shall otherwise provide, the singular number shall .਍ഀ include the plural, the plural the singular, Lad the use of Lay gander shall in-਍ഀ clude.all genders.਍ഀ b. Thts'Alisomoss 0a11 be blusLIM upon tba bsirs. Iumsears and assign਍ഀ of the parties hereto:.. _ .਍ഀ IN WXTNESS W14 RA RO F, the psrrias hereto have executed this਍ഀ Agreement the day and year first above writtaln.਍ഀ A& Drmrrnrises, Inc.਍ഀ TTEST: M. V. Numon, Vice-president਍ഀ V. Amato, Secretary਍ഀ FitshU Scott, Jr.਍ഀ Otto L.,,Kuchn਍ഀ l,y 1਍ഀ STAT£ OF COLORADO 1 . Ol਍ഀ > Be. Odid k਍ഀ City and County of Denver )਍ഀ a~ F v""c The foregoing instrument was acknowledged before me this _5J266_ day of਍ഀ r t1pTARY t 1967, by M, V. Numon, Vice-President, and John V• Amatoxx਍ഀ Es ; ~6)e,CE _ r o Ag,& D F.pri so II Dc. , a Colorado corporation t-t fry 3w.਍ഀ i Yl puB1.6.o~le most my an਍ഀ '•:~~E aF pOti • My Commission expires. rMM਍ഀ Notary Public਍ഀ STATE OF COLORADO )਍ഀ County of਍ഀ ,a° CL A R4,Ttw foregoing instrument was acknowledged before me this"" . day of਍ഀ ` 1967, by Fitahu;h Scott, Jr.਍ഀ rv:'਍ഀ eon t Witpiss my hand and official seal.਍ഀ z• pU) ti~MjFyomtnissioa expirea: 42-al," 4,27.L.__•਍ഀ r,,, Q F C਍ഀ • Notary Public਍ഀ I STATE OF COLORADO )਍ഀ ) as.਍ഀ C,~ Ir County of )਍ഀ The foregoing instrument was acknowledged before me this - day of਍ഀ 1967, by Otto L. Kuebn,a$ L v !r•'t4N•਍ഀ • Witness my hand and official seal.਍ഀ ;~\t • CQy My Commission expires: .v f sir ~Y . /9t 9 .਍ഀ ,p ' ' 3 KaN*y Public਍ഀ Atrs+./ 7k਍ഀ E ° ~ta+rb+4.:. &4 rfo P'-by fn.^'4 ~ T਍ഀ ,#rf~, ti•਍ഀ EXHIBIT 'A'਍ഀ Parcel A਍ഀ ' Lots a, b, and that part of Lot c, Block 5-A, Vail Village, First Ftlingw County . '਍ഀ of Zagle, State of Colorado, lying Northerly of the following described line:਍ഀ " Beginning at a point on•the Easterly line of said Lot a whose* the Northeast cor਍ഀ nor of said Lot c bears North 0609100" West 7.60 feet; thence South 8963512211਍ഀ '਍ഀ West a distance of 17.51 feat} thence South 0603102!' West a distance of Z. 14਍ഀ feet; thence North 89°56-58'- Weak a dietanae of 59.47 Usti thence South 0603102"਍ഀ Wet a distance of 12. 41 feat; thence South 73634116" West a distance of 36. 91਍ഀ foot to a point on the Westerly line of said Lot c, said point being 32.53 foot i਍ഀ Southerly from the Northwest corner of said Lot a as measured along the Westerly.਍ഀ line thereof; referred to as Pared Ono.਍ഀ • Together with a perpetual euetnsst over the following described property, to-wits਍ഀ Beginning at the Northeast corner of Lot 6, Stock 5-A, Vail Village, First Filing, '਍ഀ County of Eaglsd Colorado, shone South 0609100" Fast a distance of 7.60 foot; I਍ഀ thence South 89 351226 West a distance of 13.76 feet which is the true point of be- 1਍ഀ ginning; thence South 99°35'22!' West a distance of 3.75 feet; thence South 0603"02"' j਍ഀ West a distance of 2. 14 feet; thence North 69°36'58-' West a distance of $9.47 Uett;਍ഀ • thence South Ooo3-OZ" West a distance of 4.75 feet;-thence South 99°56'58" East a਍ഀ distance of 63.22 feet; thence North Oo24t38's. Wass a distance of 6. 69 feet to the !਍ഀ true point of bigioniag, referred to as Parcel Two, for the continuance of, main-਍ഀ tsitanes of and the restoration of the improvements which extend, ovrrbtng and਍ഀ are located over Parcel Two and which (improvements) are a part of, are assoaisted', • '਍ഀ with and are appurta" to the Improvemnents tooted on the adjoining real proper r• !਍ഀ referred to as Pased CW.਍ഀ ! •i 1. , ' 1 .਍ഀ 4 1਍ഀ PARCEL B਍ഀ That part of Lots c and d. Block 5-A. Vail Village First Filing, County of Eagte.਍ഀ State of Colorado, described as followst਍ഀ Commencing at the Northeast earner of Lot c, Vast Viibtge, First Filing; thence਍ഀ South 0009100" East a distance of 7.60 foot; thence South 890'35'22" Weill a distance਍ഀ of 13.76 feet to the true point of beginning; thence South 002413811 East a distance਍ഀ • of 13, 68 feet; thence South 73014'16" West a distance of 2S. 34 feet: thanes North਍ഀ 160451441' West a distance of 4, 10 feat; thence South 73014116" West a distance of਍ഀ 46.73 feetl thence North 1604544" West a distance of 7.00 feet; thence South 730਍ഀ 14'16" Want a distance of V. 21 feet to a point on the Zest right-o(-way line of਍ഀ • Bridge Street; thence on an angle to the right of 10201312311 and along Laid East਍ഀ right-of-way line and along a curve to the right having a radius of 19). 07 foot, a਍ഀ central angle of 105714311, an arc distance *16,45 feet; thence North 73014116"਍ഀ East a distance of 36.91 feet; thence North 0003002" East a distance of 12. 41 feet(਍ഀ thence South 89056/5811 meet a distance of $9.47 feat; thence North 00031021, least਍ഀ a distance of 2.14 feet; thence North 890SS'2211 East a distance of 3, 75 Gat to the '਍ഀ true point of beginning, reforred,to as Parcel One.਍ഀ Subject to the following easements:਍ഀ 1. A perpetual easement over that part.of the property referred to as Parcel One਍ഀ described as fellowst Commencing at a point ow the Easterly line of said Lot d਍ഀ whence the Northeast corner of raid Lot d bears North 0009100" West a distance਍ഀ of S. 25 feet; thence South 73014'16" West a distance of 14. 30 feet to the true point਍ഀ of beginning; thence continuing South 73014'16" " IVest a distance of 25, 34 feet; chance਍ഀ North 16045'44" West a distance of 4. 20 feet; thence South 73°14126" West a dis.਍ഀ tance•of 29.65 Get; thence North 16045'44" Nast a distance of 4, 25 feet. thence'਍ഀ North 73034'16" East a distance of 31. 80 feet; thence North 16045!44" Wait a dis-਍ഀ tance of 1.78 feet; thence North 7361411611 Fast a distance of M.15 toot, thence਍ഀ South 0024138" East a distance of I0.53 feet to the true point e< beginning, referred਍ഀ to as Parcel Two, for the continuance of, the maintenance of and the reiteration਍ഀ of the improvements which extend, overhang and are touted over Parcel Two and਍ഀ which (Improvements) are a part of, are associated with and ire appurtenant to਍ഀ the improvements located on the adjoining real property described as follower Be.਍ഀ . gaming at a point on the Masterly line of said Lot a whence the Northeast corner਍ഀ of said Let a bears North 0°09100•' Wool a distance of 7.60 Get. thence South 0099' -਍ഀ 00" East a distance of 3D. 41 Get to the Southeast corner of Lot d; thence South਍ഀ 72048'30" West a distance. of 112.08 feet along the South Una of said Lot d to a਍ഀ point on the Bast right-of-way lies of Bridge Street; titenea on an Lulls to she right਍ഀ of 9205912011 and along said East right-of-way and along,& curve to the right having਍ഀ a radius of 191.07 feet, a central angle of 0903914911, an arc distance of 32.23਍ഀ a . feet; thence North 73014116" Fret a distance of 27.21 feett thence South 16045'44"਍ഀ East a distance of 7:00 feet; thence North 73014/16/1 East a distance of 46.73 feet;਍ഀ thowm"South 16045'44" Fast a distance of 4. 10 feet: thence North 73014116" East਍ഀ a distance of 25.34 Gat; thence North 002413811• Weat a distance of 13.68 fiat; thence਍ഀ 89035'22" East a distanaa'of 13, 76 feet to the true point of beginning.਍ഀ North਍ഀ 2. .A perpetual easement over'that part of the property referred to as Parcel one਍ഀ described as foliowst Beginning at The Northeast ooreer of Let a, block 3-A, Yell,਍ഀ Village First Filing, County of Eagle, Colorado, thence South 000910011 East a਍ഀ djsunce of 7.60 fast; thence South 8903512211 West a distance. of 13.76 feet which਍ഀ is the true point of beginning; thence South 8903512211 West a distance of 3.75 feats਍ഀ thence South 000310211 West a distance of Z, 14 feet; thence North 890561581 West਍ഀ a distance of 89. 47 feet; thence South 0 0310E11 West a distance of 4.75 feet; thence਍ഀ 'South 89056158" Va'et a distance of 63, 22 feeti thence North 00Z413811 West a dip-,਍ഀ tanee of 6, 89 feet to the true point of begimiog, referred to as Parse) Three, for਍ഀ the continuance of. maintenance of and the restoration of the improvements which.਍ഀ extend.* overhang and are located over Parcel Three and which (Improvements) are .1਍ഀ a part of, are associated with and are appartesttiat to the improvements, located an਍ഀ 60 6t4 DWnj 9661 alwPar y 44441F1b8d tag 9941M) 141M As bt Nut 14115 01171 Of it41 0਍ഀ 10" arlhatly It tie 1o11New iatepibd 11681 t81ha111y 616 pilaf as rig biterly਍ഀ line of said Lot o Whence the Northeast corner at oa14 Let a bears North 6+091000਍ഀ West 7.60 toot; thence South 89035'22'1 West a distance of 17. 31 Gat; thence'South.਍ഀ ~ tJ IJj਍ഀ Pi±'!਍ഀ f `਍ഀ F on 0 NP਍ഀ 30਍ഀ E _ ~~^q^,R^^Ad^RR89Rx / ~ T E~਍ഀ 44 8 b ••S a n e Q਍ഀ i਍ഀ F a W ~s {gbWx਍ഀ N Q Goe't c 'L7 AM਍ഀ 44਍ഀ E W c") I wL° i ,a਍ഀ 'ti ~~g~ ~ A gad਍ഀ 44਍ഀ V C1 N Pig਍ഀ q.C~QQ a I਍ഀ C4 44਍ഀ Q ~ =W6 I \ E, a~~d3਍ഀ vJ Z~p ~ gMtl~ \ ~ d3e਍ഀ Q I~)~` ,~j i~F~t \ <Z sys਍ഀ O O~ O N I ~o^a Ex~ ~gn਍ഀ ti V Z yam \ MA ° dY6਍ഀ 0. 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AI i 6 g5 F- °et Y 4$਍ഀ °E°~਍ഀ • 4਍ഀ yp JJ) s5 g਍ഀ R਍ഀ .F਍ഀ $ r਍ഀ 2\1 ;q਍ഀ yC-਍ഀ ~ SN2 V 1\ R~w~, til਍ഀ y I CY] all \1J I~.',4਍ഀ f ` i..... ~ J °¢q ° M_$, a jig ix \ q°y wP g o b 8~ N Y.R ~9 ~ n\਍ഀ Ch਍ഀ 98 \ $D and s ?Si t.~ '~,?~Ann J "~:TF, t~਍ഀ i m਍ഀ ~~a ykA ~ 1\\ oaf ~3 ~ _ ~ Pv਍ഀ ~Fw io > \ _ A"8 9llc਍ഀ 1 t "y / ."1 -nom ~ ~RACT~G਍ഀ APR n \ I 9°~° / i਍ഀ _ y਍ഀ 1 W TRACT_G y I n 'i਍ഀ 411਍ഀ s਍ഀ 9਍ഀ B਍ഀ 9਍ഀ & °y਍ഀ i T y਍ഀ tat!਍ഀ y਍ഀ / E9~„5~~ue~99x2m3a~Fc~seemc;u:cc.; ~ ~ ~ ~ y਍ഀ ਍ഀ wo AS MEMO਍ഀ FRITZLEN PIERCE ARCHITECTS਍ഀ VAIL, COLORADO਍ഀ Date January 7`h, 2008਍ഀ Meeting Minutes਍ഀ Meeting Date: January 2"', 2008਍ഀ Meeting Subject: Bridge Street Building਍ഀ Prepared by: James Ohlson਍ഀ Attendees: Bill Pierce, James Ohlson, Scot Hunn਍ഀ Distribution: Attendees਍ഀ CC: Jeff Selby, Jay Peterson਍ഀ Please provide preparer notice of corrections within three days of receipt. Corrections are highlighted.਍ഀ Item Description਍ഀ Action Req.਍ഀ 1.0 Parking/EHU/Traffic:਍ഀ • Pay in Lieu would be used if necessary for parking and EHU but credits for਍ഀ TOV਍ഀ elimination of existing Real Estate office uses will probably off-set any਍ഀ additional fees for these items਍ഀ • EHU req. - 10% of new GRFA and commercial (review commercial linkage਍ഀ TOV਍ഀ req. - Scot Hunn will review with Nina Tim)- again this will probably be offset਍ഀ by credits for elimination of existing Real Estate office uses਍ഀ • Traffic impact fee will be calculated by TOV - again this will probably be offset਍ഀ by credits for elimination of existing Real Estate office uses਍ഀ TOV਍ഀ • Any parking and EHU credits that are not used would be recorded in the਍ഀ planning staff's PEC Memo that would be the basis for review for future਍ഀ changes to the Building਍ഀ TOV਍ഀ 2.0 Survey:਍ഀ • Scot calculated the areas depicted on the current survey (showing all parcels਍ഀ and the area of each parcel) that was submitted and found 32 square feet਍ഀ less than the survey FPA used to calculate allowed site coverage and GRFA਍ഀ (which is the area indicated on the proposed amended Plat (without interior਍ഀ Property Lines)).਍ഀ • Scott requested a new survey w/ all internal easements/parcels removed਍ഀ (Amended plat).਍ഀ • Scott suggested mtg with Chad Sallie about streetscape drainage and building਍ഀ roof drainage (including A&D building downspout) tie-in.਍ഀ • FPA to email Access agreement to Scott Hunn਍ഀ 2.1 Trash:਍ഀ • Scot requested trash location and access be shown on site plan FPA਍ഀ 2.2 Egress: FPA਍ഀ • Additional steps and sidewalk is needed to form a legal means of egress from਍ഀ east side of property. This must be shown on site plan਍ഀ • The existing retaining wall between the egress easement and the Burton SELBY,਍ഀ property leaves only a 2'5" space between the west end of the wall and the PETERSON਍ഀ Burton Building. Four feet is required. It will be necessary to modify the਍ഀ ~FRITZLEW਍ഀ PIERCE %,M, <r, f, It਍ഀ r~ i E'u: ~ + ~ i r.,i: ~ t '~ntr•Yx ~ 3 ~ ~e~.u~f, ^+iria, ~ i~~'ail ,1E t, r.,,, "ti ui ,਍ഀ FRITZLEN PIERCE ARCHITECTS਍ഀ VAIL, COLORADO਍ഀ existing retaining wall located on A&D property to allow this access. An਍ഀ approval from A&D building must be obtained਍ഀ 3.0 Design Issues:਍ഀ • Grease trap must be install on Joe's sanitary sewer if one does not exist FPA਍ഀ • Need to detail where new southwest column intersects Joe's trash room roof.਍ഀ • Provide construction detailing for new walls along existing A&D building for FPA਍ഀ Building Department਍ഀ FPA਍ഀ End of Meeting Notes਍ഀ These meeting notes represent FPA's understanding of the meeting and its content. Please feel free to contact us if you have any਍ഀ questions, comments or if further information is required.਍ഀ FRtTZLEN਍ഀ .਍ഀ PIERCE਍ഀ z+) € 4 ~t '3 t,~:਍ഀ 1਍ഀ 1਍ഀ 3਍ഀ 9਍ഀ 9਍ഀ 9਍ഀ 1;"! ~ 1 i(1 ~਍ഀ FRITZLEN PIERCE ARCHITECTS਍ഀ VV :i1 w I € , h-਍ഀ l y"on I )i-, r VAIL, COLORADO਍ഀ 3t 1i( ~ ~ t, F,,1. (}p ~ ,4San.a ,:a਍ഀ Date January 7`h, 2008਍ഀ Meeting Minutes਍ഀ Meeting Date: January 4'h, 2008਍ഀ Meeting Subject: Bridge Street Building਍ഀ Prepared by: James Ohlson਍ഀ Attendees: Bill Pierce, James Ohlson, Scott Hunn, Chad Salli਍ഀ Distribution: Attendees਍ഀ CC: Jeff Selby, Jay Peterson਍ഀ Please provide preparer notice of corrections within three days of receipt. Corrections are highlighted.਍ഀ Item Description Action Req.਍ഀ 1.0 Drainage:਍ഀ • Is drainage basin located in front of existing Burton Store active? Chad will TOV਍ഀ investigate with Chris at Public Works (exist drainage basin is not active per਍ഀ follow-up from Salli)਍ഀ • Existing drainage from A&D building onto Burton Building will be maintained਍ഀ • Drainage at southwest corner of Bridge Street Building will be used for new਍ഀ storm drainage where possible.਍ഀ • All new roof drainage over Burton Building will continue to drain to east਍ഀ End of Meeting Notes਍ഀ These meeting notes represent FPA's understanding of the meeting and its content. Please feel free to contact us if you have any਍ഀ questions, comments or if further information is required.਍ഀ FRITZLENI 'U x d V'1i1 Vdl I rit i਍ഀ (PIERCE਍ഀ ~.;it .?7 i.iu}_~~., , f, t s .,,,>?m~ . ti,• c1~d~, ' I~ ~li1 1 i'-,~~_;;, xv.-Piit~9~ _,a3i, ~:i~r਍ഀ :t਍ഀ uL IC,4Gt~fC JI~'7~07਍ഀ I਍ഀ r਍ഀ c~਍ഀ ਍ഀ ~c~਍ഀ 7਍ഀ ਍ഀ ਍ഀ r਍ഀ ~਍ഀ ~਍ഀ ~਍ഀ 6਍ഀ I਍ഀ I਍ഀ 1਍ഀ 1I਍ഀ I਍ഀ F਍ഀ I਍ഀ 11਍ഀ iI਍ഀ I਍ഀ I਍ഀ i਍ഀ I਍ഀ I਍ഀ ~਍ഀ I਍ഀ I਍ഀ _਍ഀ f਍ഀ ~਍ഀ ~਍ഀ $਍ഀ ~਍ഀ `਍ഀ <sgl. 001b0)0,1਍ഀ 131D1S' W tw %,19 CJ'~~J VIH~਍ഀ B t ! 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"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਍ഀ 1. 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਍ഀ 10਍ഀ 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):਍ഀ Existing 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 major 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 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 1਍ഀ 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 location of਍ഀ improvements including siting, building setbacks, height, building਍ഀ bulk and mass, site improvements and landscaping."਍ഀ Design 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 Zoning Regulations਍ഀ 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 scale and਍ഀ architectural qualities that distinguish the Village.਍ഀ 6਍ഀ 12-7B-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 enclosed 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਍ഀ 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):਍ഀ 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.਍ഀ 12-7B-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: 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਍ഀ 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 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 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 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,਍ഀ 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.਍ഀ 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 focal 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.਍ഀ 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 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 role 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 local 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. (scale, 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 available through਍ഀ private efforts, assisted by limited incentives, provided by the Town of਍ഀ Vail with appropriate restrictions.਍ഀ 5.5 The existing employee housing base should be preserved and਍ഀ upgraded. Additional employee housing needs should be਍ഀ accommodated at varied sites throughout the community.਍ഀ 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 to guide the Town's decision-਍ഀ making in achieving each of the stated objectives. The Clock Tower 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):਍ഀ 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 Objective: 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 Policy: 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 Objective: 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 Objective: 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 scale 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 Policy: Commercial infill development, consistent with਍ഀ established horizontal zoning regulations shall be encouraged to਍ഀ provide activity generators, accessible green spaces, public plazas,਍ഀ and streetscape improvements to the pedestrian network 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.਍ഀ 12਍ഀ 2.6 Objective: 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.਍ഀ 3. 1.1 Policy: Private development projects shall incorporate਍ഀ streetscape improvements (such as paver treatments, landscaping,਍ഀ lighting and seating areas), along adjacent pedestrian ways.਍ഀ 3.1.3 Policy: Flowers, trees, water features and other landscaping shall਍ഀ be encouraged throughout the Town in locations adjacent to, or visible਍ഀ from, public areas.਍ഀ 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 Policy: The development of new public plazas, and improvements਍ഀ to existing plazas (public art, streetscape features, seating areas,਍ഀ etc.) shall be strongly 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 Policy: 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 able 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.਍ഀ VI.਍ഀ Vail Village Urban Design 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.਍ഀ 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਍ഀ Existing਍ഀ 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 VVMP)਍ഀ -਍ഀ 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:਍ഀ Landscape Area਍ഀ Parking:਍ഀ 80% (max.) or਍ഀ 3,287.08 sq. ft.਍ഀ Per the Vail Village਍ഀ Urban Design Guide Plan਍ഀ Pay-in-Lieu (12-713-17)਍ഀ Unknown Unknown਍ഀ 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.਍ഀ VIII.਍ഀ SURROUNDING LAND USES਍ഀ Land Use Zoning਍ഀ 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.਍ഀ 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/Opportunities:਍ഀ o Minimum Buildable Lot Area - staff has identified an issue of non-਍ഀ compliance with zoning relative to minimum buildable lot area; the lot 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"਍ഀ Design:਍ഀ o Massing and Bulk਍ഀ o Roof composition - pitches, overhangs and forms਍ഀ o Gross (commercial/office) square footage increase਍ഀ o General ,exterior design elements - as applied to entire building਍ഀ o Facade and Fenestration਍ഀ o Street level entry points and transparency at pedestrian level,਍ഀ "Pedestrianization" and "Vibrancy", and improvements adjacent to public਍ഀ areas਍ഀ o 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 - Mill Creek Commercial Infill (pg. 48)਍ഀ Construction Impacts and Code Compliance਍ഀ 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 Way:਍ഀ o Improvements within the public way, "Permission to Proceed" and goals of਍ഀ Streetscape Master Plan - potential impacts and/or improvements to the਍ഀ public realm and vitality of the streetscape਍ഀ 16਍ഀ o Improvements affecting adjacent Town parcel (Tract G) - potential impacts਍ഀ and/or improvements to pedestrian 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 Streamwa/k (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)਍ഀ 2. Parking Analysis - pay-in-lieu fees for new commercial square footage਍ഀ 3. 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਍ഀ 5. 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਍ഀ 9. 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਍ഀ Attachment C਍ഀ 19਍ഀ ,਍ഀ 1਍ഀ L, !n Ftitzlen AIA, Architect਍ഀ William F Fierce, Archited਍ഀ vson Deard;.ff, Direooi of Architecture਍ഀ Kathy Heslinga Office Manager਍ഀ July 5, 2007਍ഀ The Town of Vail਍ഀ Planning & Environmental Committee਍ഀ Scot Hunn਍ഀ Ladies & Gentlemen:਍ഀ FRITZLEN PIERCE ARCHITECTS਍ഀ VAIL, COLORADO਍ഀ Attached please find Fritzlen Pierce's first submittal of The Bridge Street Building (formerly The਍ഀ Rucksack Building) for Review & comment by P.E.C.਍ഀ The existing building includes a two story plus basement commercial wing which generally includes਍ഀ the west (Bridge Streeet portion) of the existing building ; and a four story residential wing & tower਍ഀ which generally includes the east (Mill Creek portion) of the existing building.਍ഀ Within the existing commercial wing are a basement level delicatessen, a first floor retail store and a਍ഀ second floor office suite with real estate sales offices.਍ഀ The proposed project generally involves a major exterior alteration of the commercial wing, removal &਍ഀ replacement of the existing roof at the commercial wing; complete removal of interior finishes at the਍ഀ first & second floors (the basement deli will remain "as-is"); the relocation of an existing steel stair on਍ഀ the south building elevation and its replacement with a heated stone stairway; the installation of an਍ഀ elevator to provide handicapped access to the main & second floors; mechanical and electrical਍ഀ upgrades to the commercial building, the addition of fire sprinklers to the commercial and residential਍ഀ wings, replacement of wood shingles on the existing residential roofs with a non-combustible roofing;਍ഀ and minor changes to the residential tower to provide some consistency to the existing and proposed਍ഀ exterior appearance.਍ഀ The project anticipates a retail tenant on the main floor and real estate sales offices on the second਍ഀ floor. The residential occupancy will remain as-is as will the basement deli.਍ഀ The existing commercial wing is currently approximately 7277 square feet.਍ഀ The proposed commercial wing is projected to be approximately 8000 square feet. (See chart below)਍ഀ The Bridge Street Building (Formerly The Rucksack)਍ഀ Area Existing Sq. Proposed Sq.਍ഀ Description Ft. Ft. Existing Use Proposed Use਍ഀ Basement਍ഀ 2196਍ഀ First Floor਍ഀ 2918਍ഀ Second Floor਍ഀ 2163਍ഀ Second Floor +਍ഀ N.A.਍ഀ Third Floor਍ഀ N.A.਍ഀ Totals਍ഀ 7277਍ഀ FRITZLEN Fist; East Vail Vaile~ Drive. Fallricigcr C-1.਍ഀ P I E R C E 'ail. Colorado 8165਍ഀ P- 0-,0.4-11'6,.6_'i42਍ഀ F =170.476.4(01਍ഀ F imo@vailarchitects: on)਍ഀ www.vailarchitects.corr਍ഀ Restaurant/boiler/storage Restaurant/boiler/storage਍ഀ 2196਍ഀ 3207਍ഀ 2597਍ഀ Retail/office/storage਍ഀ Real Estate Sales Offices਍ഀ Retail/office਍ഀ Real Estate Dicovery਍ഀ Center਍ഀ N.A.਍ഀ N.A.਍ഀ 8000਍ഀ Residence # 1਍ഀ Residence # 2਍ഀ 723਍ഀ Residence # 1਍ഀ Residence # 2਍ഀ Attachment A਍ഀ FRITZLEN PIERCE ARCHITECTS਍ഀ VAIL, COLORADO਍ഀ Fritzlen Pierce has met on site with representatives of the Town of Vail fire department and building਍ഀ department to identify life safety and code issues. While the issues have not been fully addressed as of਍ഀ this submittal, we are confident that we can develop satisfactory solutions for each issue.਍ഀ This project is planned to be constructed in the fall of 2007. We believe that the improvements਍ഀ proposed to the Bridge Street Building will greatly enhance the appearance of the property and the਍ഀ Village, improve the public's perception of the village, enhance the pedestrian experience in the਍ഀ Village and address the building's safety and longevity.਍ഀ The attached package includes a conceptual rendering of the new retail facade, existing and proposed਍ഀ elevations of four sides of the building, existing and proposed floor plans of the basement, first floor਍ഀ and second floor of the commercial wing, site plan and two photographs of the existing building at਍ഀ Bridge Street.਍ഀ We look forward to meeting with the committee on July 9 and receiving your comments and਍ഀ recommendations.਍ഀ Respectfully submitted,਍ഀ T In Dearduff਍ഀ Y਍ഀ Director of Architecture਍ഀ Fritzlen Pierce Architects਍ഀ Cc: Jay Peterson਍ഀ Jeff Selby਍ഀ FRITZLEN 165(? Fast Vail Vailer Drive. Fallridge C-1਍ഀ P I E R C E Vail, C -oracle 816 7਍ഀ P- (170,47,61.6,42਍ഀ F 97 ().4;76, 4਍ഀ F inic> s;vai!aarhitects.c:xn਍ഀ ~.~~„E_„ tiv.ti~v.vaiiarchitects.cnm਍ഀ FRITZLEN਍ഀ PIERCE਍ഀ L, n Fritzkr -CIA, Architect਍ഀ Williarn F Pirr%p,.Ai(hit(_,ca਍ഀ Ivson Deaidutl Direi_toroi Archit(.'Ct Lire਍ഀ Kathy Heslinga Ouice Manager਍ഀ July 5, 2007਍ഀ The Town of Vail਍ഀ Planning & Environmental Committee਍ഀ Scot Hunn਍ഀ Ladies & Gentlemen:਍ഀ FRITZLEN PIERCE ARCHITECTS਍ഀ VAIL, COLORADO਍ഀ Attached please find Fritzlen Pierce's first submittal of The Bridge Street Building (formerly The਍ഀ Rucksack Building) for Review & comment by P.E.C.਍ഀ The existing building includes a two story plus basement commercial wing which generally includes਍ഀ the west (Bridge Streeet portion) of the existing building ; and a four story residential wing & tower਍ഀ which generally includes the east (Mill Creek portion) of the existing building.਍ഀ Within the existing commercial wing are a basement level delicatessen, a first floor retail store and a਍ഀ second floor office suite with real estate sales offices.਍ഀ The proposed project generally involves a major exterior alteration of the commercial wing, removal &਍ഀ replacement of the existing roof at the commercial wing; complete removal of interior finishes at the਍ഀ first & second floors (the basement deli will remain "as-is"); the relocation of an existing steel stair on਍ഀ the south building elevation and its replacement with a heated stone stairway; the installation of an਍ഀ elevator to provide handicapped access to the main & second floors; mechanical and electrical਍ഀ upgrades to the commercial building, the addition of fire sprinklers to the commercial and residential਍ഀ wings, replacement of wood shingles on the existing residential roofs with a non-combustible roofing;਍ഀ and minor changes to the residential tower to provide some consistency to the existing and proposed਍ഀ exterior appearance.਍ഀ The project anticipates a retail tenant on the main floor and real estate sales offices on the second਍ഀ floor. The residential occupancy will remain as-is as will the basement deli.਍ഀ The existing commercial wing is currently approximately 7277 square feet.਍ഀ The proposed commercial wing is projected to be approximately 8000 square feet. (See chart below)਍ഀ The Bridge Street Building (Formerly The Rucksack)਍ഀ Area Existing Sq. Proposed Sq.਍ഀ Description Ft. Ft. Existing Use਍ഀ Basement਍ഀ First Floor਍ഀ Second Floor਍ഀ 2196 2196 Restaurant/boiler/storage਍ഀ 2918 3207 Retail/office/storage਍ഀ 2163਍ഀ Second Floor + \ N.A.਍ഀ Third Floor N.A.਍ഀ Totals 7277਍ഀ txif, Fas; Vail Vallee Drive , FrIlriri7e C-1਍ഀ Fail. Colorado 81657਍ഀ P, 1170.47%.63=12਍ഀ F q-!2176,4.90'਍ഀ E ini*()(wa;lan'hite(:ts;' )ni਍ഀ e~-~tiw.vailarchitec:ls.i.nn਍ഀ 2597 Real Estate Sales Offices਍ഀ N.A. Residence # 1਍ഀ N.A. Residence # 2਍ഀ 8000 723਍ഀ Proposed Use਍ഀ Restaurant/boiler/storage਍ഀ Retail/office਍ഀ Real Estate Dicovery਍ഀ Center਍ഀ Residence # 1਍ഀ Residence # 2਍ഀ Attachment A਍ഀ FRITZLEN PIERCE ARCHITECTS਍ഀ VAIL, COLORADO਍ഀ Fritzlen Pierce has met on site with representatives of the Town of Vail fire department and building਍ഀ department to identify life safety and code issues. While the issues have not been fully addressed as of਍ഀ this submittal, we are confident that we can develop satisfactory solutions for each issue.਍ഀ This project is planned to be constructed in the fall of 2007. We believe that the improvements਍ഀ proposed to the Bridge Street Building will greatly enhance the appearance of the property and the਍ഀ Village, improve the public's perception of the village, enhance the pedestrian experience in the਍ഀ Village and address the building's safety and longevity.਍ഀ The attached package includes a conceptual rendering of the new retail facade, existing and proposed਍ഀ elevations of four sides of the building, existing and proposed floor plans of the basement, first floor਍ഀ and second floor of the commercial wing, site plan and two photographs of the existing building at਍ഀ Bridge Street.਍ഀ We look forward to meeting with the committee on July 9 and receiving your comments and਍ഀ recommendations.਍ഀ Respectfully submitted,਍ഀ TYIn Dearduff਍ഀ Director of Architecture਍ഀ Fritzlen Pierce Architects਍ഀ Cc: Jay Peterson਍ഀ Jeff Selby਍ഀ FRITZLEN 1651 1 Fast Vail Vailr.v Drive਍ഀ P I E R C E Vail, Colorado 8165,਍ഀ P 07(.476.6341਍ഀ F '47/0,4176.4'J01਍ഀ F inio@Vauarrhitects.(I)m਍ഀ uS~4h~N.VaiialChllr~ClSi.i}m਍ഀ Falirich., C਍ഀ . y਍ഀ Rucksack Condominium Associations F~o September 29, 2007 01 2007਍ഀ TOWN OF VAIL਍ഀ This Resolution by the members of the Rucksack Condominium Association is to amend਍ഀ the current Rucksack Condominium Declarations.਍ഀ 1. Be it resolved that the plans brought forward by Mr. Jeff Selby, owner of units਍ഀ C1, C2, and C3, to redevelop the Rucksack Building, per the plans dated਍ഀ September 29, 2007, are approved.਍ഀ a. Mr. Jeff Selby will bear all cost related to the redevelopment. This਍ഀ includes but is not limited to any upgrades that will be required by the਍ഀ Town of Vail to bring the building up to the current building codes.਍ഀ b. That the maximum increase of the units will be:਍ഀ i. C 1, no increase਍ഀ ii. C2, TBD਍ഀ iii. C3, TBD਍ഀ c. Any changes to the plans dated September 29, 2007 will require additional਍ഀ approval by the Rucksack Homeowners Associations and would cause a਍ഀ stoppage of the redevelopment until approval.਍ഀ d. The developer will also address and correct the lack of hot water issues in਍ഀ Units R1 and R2 believed to be caused by the over consumption of hot਍ഀ water by the tenant in Unit C 1.਍ഀ 2. Be it resolved that the owner of Unit RI has been given approval by the Rucksack਍ഀ Homeowners Association to redevelop said unit by a maximum of 20% of the਍ഀ current square footage.਍ഀ 3. Be it resolved that the owner of Unit R2 has been given approval by the Rucksack਍ഀ Homeowners Association to redevelop said unit by a maximum of 20% of the਍ഀ current square footage.਍ഀ 4. Be it resolved that as part of the Redevelopment of the Rucksack, the official਍ഀ name of the building will be changed to the Bridge Street Building and the name਍ഀ of the Homeowners Association will be changed to The Bridge Street Building਍ഀ Homeowners Association (BSBHA).਍ഀ 5. Be it resolved that the use of the C2 unit will be changed from commercial to਍ഀ residential. The C2 unit will be relabeled the R3 unit. It will be the responsibility਍ഀ of the developer to notify all city, county, and state agencies, of these changes.਍ഀ 6. Be it resolved that once the redevelopment is complete that the BSBHA will਍ഀ contract with a building surveyor to determine the exact square footage of the਍ഀ building, the square footage of each of the units and the square footage of the਍ഀ common areas.਍ഀ 7. Be it resolved that all energy and services that are not individually metered per਍ഀ unit will be charged using the following formula. This formula produces a਍ഀ weighed percentage based on the higher energy consumption of full time਍ഀ commercial businesses versus part time residences.਍ഀ a. Unit C 1 Square Footage x 3 = Unit C 1 Energy and Services Sq. Footage਍ഀ b. Unit C2 Square Footage x 3 = Unit C2 Energy and Services Sq. Footage਍ഀ c. Unit R1 Square Footage x 1 = Unit R1 Energy and Services Sq. Footage਍ഀ d. Unit R2 Square Footage x 1 = Unit R2 Energy and Services Sq. Footage਍ഀ e. Unit R3 Square Footage x 1 = Unit R3 Energy and Services Sq. Footage਍ഀ f. The Total Energy and Services Sq. Footage of the Bridge Street Building਍ഀ will be the sum of the C1+C2+R1+R2+R3. To determine each unit's share਍ഀ of Energy and Services expenses, the unit's actual Square footage is਍ഀ divided by the Total Energy and Services Square Footage of the Building.਍ഀ This is then multiplied by the expenses to be shared.਍ഀ g. Energy means gas and electric.਍ഀ h. Services mean water, sewer, and trash.਍ഀ i. All other expenses ( property taxes, insurance, maintenance, etc ) will be਍ഀ proportioned by actual square footage of each unit.਍ഀ 8. Be it resolved that the calculation of ownership for voting purposes be changed਍ഀ for the current method of square footage of a unit divided by total building square਍ഀ footage equals an owners voting percentage with the entire building equaling one਍ഀ (1). To each unit, independent of size is given 1 vote with the entire building਍ഀ equaling 5 votes. The does not change any of the percentages needed to pass਍ഀ Homeowners resolutions.਍ഀ These resolutions are presented to the Members of the Rucksack Homeowner਍ഀ Association for approval on this day September 30, 2007. To pass these resolutions਍ഀ 80% of the homeowners will need to approve.਍ഀ Approved by਍ഀ C1: Jeff Selby਍ഀ C2: Jeff Selby਍ഀ C3: Jeff Selby਍ഀ R1: William Gardiner਍ഀ Date਍ഀ Date਍ഀ Date਍ഀ Date਍ഀ Deborah Gardiner Date਍ഀ R2: Yvonne Mallaly Date਍ഀ Page 1 of 2਍ഀ Scot Hunn - Re: Rucksack traffic impact fee਍ഀ From: Chad Salli਍ഀ To: Scot Hunn਍ഀ Date: 01/14/2008 10:14 AM਍ഀ Subject: Re: Rucksack traffic impact fee਍ഀ So if I am reading this right they are proposing਍ഀ +279 sqft commercial (ITE 814) 4.93 trips/1000 sgft leasable area = 4.93 trip increase਍ഀ -1405 sgft office (ITE 710) 1.5 trips/1000 sgft floor area = 3 trip decrease਍ഀ +1 residential unit (ITE 233) 0.65/dwelling Unit = .65 trip increase਍ഀ 2.58 pm trip net increase, for an impact fee of $6500 x 3 trips = $19,500.00਍ഀ Chad Salli, PE਍ഀ Project Engineer਍ഀ Town of Vail - Public Works਍ഀ Office 970/479-2169਍ഀ Cell 970/376-2389਍ഀ Fax 970/479-2166਍ഀ Scot Hunn 01/14/2008 9:23 AM਍ഀ Chad,਍ഀ Attached is a calc. sheet from FP Architects. It does not exactly spell out existing commercial sq. ft., but gives a਍ഀ good summary of total new commercial (279 sq. ft.), reduced or eliminated office use (approx. 1,405 sq. ft.)਍ഀ and new residential (2,241 sq. ft./1 new unit).਍ഀ There are currently two (2) residential units in Rucksack Building, with one new proposed for a total of three.਍ഀ Let me know if you need anything else.਍ഀ Scot਍ഀ Scot Hunn, AICP਍ഀ Senior Planner਍ഀ Town of Vail਍ഀ (970) 477-3551 Office਍ഀ (970) 479-2452਍ഀ shunn@vailgov.com਍ഀ Chad Salli 01/14/2008 8:43 AM਍ഀ let's leave it open for now. I can run some numbers if I have the following info; existing and proposed sgft of਍ഀ retail/commercial, existing and proposed number of residential units.਍ഀ are they on the hook for any additional pay parking?਍ഀ 01/14/2008 7:47 AM਍ഀ Chad,਍ഀ file://C:\Documents and Settings\,4dministrator\Local Se... 01/14/2008਍ഀ Page 2 of 2਍ഀ Any new information relative to the traffic impact fee for Rucksack. Is there info that you need from Bill Pierce's਍ഀ office prior to determining the fee? If so, let me know. We have this scheduled at PEC today for final, and I਍ഀ can add a condition stating the amount that the Town will charge, or leave it open for "the Applicant to work਍ഀ with Staff" to determine and pay the right amount prior to issuance of a building permit.਍ഀ Let me know.਍ഀ Thanks,਍ഀ Scot਍ഀ Scot Hunn, AICP਍ഀ Senior Planner਍ഀ Town of Vail਍ഀ (970) 477-3551 Office਍ഀ (970) 479-2452਍ഀ shunn@vailgov.com਍ഀ file://C:\Documents and Settings\Administrator\Local Se... 01/14/2008਍ഀ (09/26/2007) Scot Hunn - F\/V: outstanding issues, ignore previous email, sent in error Pagel਍ഀ From: "Bill Gardiner" <bill@pencomsf.com>਍ഀ To: "Jeff Selby" <jselby@teatrotower.com>਍ഀ Date: 09/25/2007 9:55 AM਍ഀ Subject: FW: outstanding issues, ignore previous email, sent in error਍ഀ Attachments: RuckSack Remodel.pdf਍ഀ CC: "margo mullally" <margomull@hotmail.com>, <ymvail@aol.com>, <shunn@vailg਍ഀ Jeff,਍ഀ The plans show very nice looking shutters on all new windows, why਍ഀ didn't you include shutters on all existing windows?਍ഀ Have you determined the use of the Second Floor? This is critical. It਍ഀ will determine where the gate is placed and where the ski lockers will਍ഀ go.਍ഀ If the second floor is residential, would an elevator still be required?਍ഀ This could allow ski lockers to be placed in that location.਍ഀ Please see other responses below.਍ഀ Bill਍ഀ Attachments:਍ഀ A202 Redline for ski locker position, also possible future R1 expansion.਍ഀ TOV11 Redline for ski locker postion.਍ഀ A302 Redline on detail of wall.਍ഀ Example of signed of plans dated 10-27-1978 of the R2 expansion.਍ഀ From: Jeff Selby [mailto:jselby@teatrotower.com]਍ഀ Sent: Thursday, September 20, 2007 4:43 PM਍ഀ To: margo mullally; ymvail@aol.com; Bill Gardiner; shunn@vailgov.com਍ഀ Subject: RE: outstanding issues, ignore previous email, sent in error਍ഀ Second email with different attachment਍ഀ Page 1 of 1਍ഀ Scot Hunn - Easement on the back of the Rucksack਍ഀ From: "Bill Gardiner"਍ഀ TO:਍ഀ Date: 09/24/2007 7:53 PM਍ഀ subject: Easement on the back of the Rucksack਍ഀ CC: "Jeff Selby" , "margo mullally" ,਍ഀ Jane,਍ഀ As part of the Rucksack redevelopment being planned by Jeff Selby, it has come to the owner's attention that਍ഀ when the back stairs were built there was a bridge across the creek that allowed for a legal exit to public land.਍ഀ This bridge has long since been destroyed, leaving the owners of the Rucksack with no second exit off the਍ഀ property.਍ഀ What has in fact happen is that both residents and guesses have used a "path" from Gore Creek Road and the਍ഀ back of the Rucksack crossing both the A&D Building and the Burton Building property line. We need to contact਍ഀ the owners of these two buildings and get an easement to continue to access the back of the Rucksack via this਍ഀ "Path". ( Jeff Hyman is very familiar with this access route and can supply more details. )਍ഀ Thanks,਍ഀ Bill਍ഀ file://C:\Documents and settings\Administrator\t_ocal se... 09/25/2007਍ഀ Page 1 of 2਍ഀ Scot Hunn - RE: outstanding issues, ignore previous email, sent in error਍ഀ From: "Jeff Selby"਍ഀ To: "margo mullally" ,਍ഀ Date: 09/20/2007 6:07 PM਍ഀ Subject: RE: outstanding issues, ignore previous email, sent in error਍ഀ Bill਍ഀ I have tried to send you the plans, even one file at a time but they fail to be received at your end. Any਍ഀ suggestions?਍ഀ Thanks,਍ഀ Jeff਍ഀ From: Jeff Selby਍ഀ Sent: Thursday, September 20, 2007 5:12 PM਍ഀ To: 'margo mullally'; ymvail@aol.com; bill@pencomsf.com; shunn@vailgov.com਍ഀ Subject: RE: outstanding issues, ignore previous email, sent in error਍ഀ Margo:਍ഀ I am pleased to provide my responses below in red. Please let me know if you have any other issues I have not਍ഀ addressed below. I too look forward to working with all owners to replacing our tired, old, failing apart building into਍ഀ the premier property it deserves to be in the most prime location on Bridge Street in Vail Village.਍ഀ Best regards,਍ഀ Jeff਍ഀ From: margo mullally [mailto:margomull@hotmail.com]਍ഀ Sent: Wednesday, September 19, 2007 9:25 PM਍ഀ To: Jeff Selby; ymvail@aol.com; bill@pencomsf.com; shunn@vailgov.com਍ഀ Subject: outstanding issues, ignore previous email, sent in error਍ഀ Jeff,਍ഀ I believe we have resolved the issue with the roofline for your residential unit. I agree. It cannot be more than 3਍ഀ ft. 8 inches than the existing roofline, and you will provide a balcony off our back bedrooms to compensensate for਍ഀ the "boxing in" that will happen with the new unit.਍ഀ These are other issues that I assumed we would all discuss as owners of the building, but this has not happened਍ഀ yet. I feel these questions need to be answered before we can move on.਍ഀ 1. Can we please see the final plans? Where is the gate? Where are the ski lockers? The plans that PEC has਍ഀ reviewed are attached as well as the DRB Submittal set. The gate is still located where we discussed at the top of਍ഀ the stairs as we intended to lease the second floor space as office space. If I have your support to make that਍ഀ space into a residential unit as we have discussed I would propose moving the gate to the bottom of the south਍ഀ stairs. The ski lockers are as shown in a location on the second level deck that will give us maximum privacy from਍ഀ the Red Lion kitchen and exhaust equipment.਍ഀ 2. What was the outcome of your meeting with Joe regarding the water heater? The existing water situation is਍ഀ already compromised for R1 and R2 with Joe's water usage. There is no way a thrid residential unit can be਍ഀ supported with the existing system. I committed on our phone conversation (you might have dropped off by਍ഀ then) to require Joe to put in his own hot water heater and if he will not do that I will do it for him. We will solve਍ഀ file://C:\Documents and Settings\Administrator\Local Se... 09/24/2007਍ഀ Page 2 of 2਍ഀ the hot water problem.਍ഀ 3. The back deck. Is there a plan for these? Drawings, composition, our wishes to explore an elevator? what will਍ഀ be the cost? We have heard nothing surrounding this. As we have discussed, the plan is to replace the back deck਍ഀ with new hard wood materials as the existing stairs are seriously dangerous and the beams are rotting at the਍ഀ base and have lost their ability to support. This is a very high priority for me and it would be the first item our਍ഀ contractor address when we get a permit. I have not pursued the elevator request on the east side as I do no਍ഀ know what you are looking for and therefore do not have any cost estimates for such elevator. In fact I still do਍ഀ not know what the little elevator off Bridge Street will cost me even though I have committed to put int in the਍ഀ plan. I will try to get you a price estimate from our elevator subcontractor once I get more specifics of what you਍ഀ want.਍ഀ 4. Is the deadline of Nov. 15th your deadline or the town's deadline? The November 15th deadline comes as a਍ഀ request from the Town of Vail for us to be off Bridge Street by the start of ski season. Our contractor schedule਍ഀ indicates he can get the renovation weather protected by early Nov. if he starts by Oct. 1st. If we don't get਍ഀ started by the end of this month the building will be vacant and remain an eyesore throughout the entire winter਍ഀ ski season.਍ഀ 5. When is the final meeting with the DRB in Vail? I believe the final DRB approval was received on Sept. 5th but਍ഀ Scott can answer that better than I.਍ഀ 6. We have requested to see the property management books 3 times. Where are you at with this? As you know,਍ഀ I do not have any of these records or copies of these records but I have ask Linda Malaby (building manager) to਍ഀ expedite the delivery of the requested financial information to all of us and expect her to provide that this week.਍ഀ Again, we are anxious to see improvement done to the building, but the above are items that need to be਍ഀ addressed for us to get on the same page with your proposed project.਍ഀ Thanks, Margo਍ഀ More photos; more messages; more whatever - Get MORE with Windows LiveTm Hotmail®. NOW with 5GB਍ഀ storage. Get more!਍ഀ file://C:\Documents and Settings\Administrator\Local Se... 09/24/2007਍ഀ Re:਍ഀ Page 1 of 2਍ഀ Scot Hunn - Rucksack Association Approval਍ഀ From: "Bill Gardiner"਍ഀ TO:਍ഀ Date: 09/19/2007 12:03 PM਍ഀ subject: Rucksack Association Approval਍ഀ cc: "Jeff Selby" , "margo mullally" ,਍ഀ Dear Scott,਍ഀ Thank you for filling me in on the status of the Rucksack remodel.਍ഀ As I have indicated, this Project has not been given the approval of 80% of the ownership of the building. If the਍ഀ Town of Vail issues a building permit we will be forced to get an injunction to stop the project until the 80%਍ഀ ownership approval requirement is satisfied.਍ഀ Please pass the email to the DRB committee so that they are aware of that 80% of the ownership of the Rucksack਍ഀ has not approved this project.਍ഀ Also, please include me on all public domain correspondence concerning this project.਍ഀ Thank you,਍ഀ Bill Gardiner਍ഀ From: Bill Gardiner਍ഀ Sent: Wednesday, August 08, 2007 6:57 AM਍ഀ To: George Ruther਍ഀ Subject: RE:਍ഀ Thanks,਍ഀ Bill਍ഀ From: George Ruther [mailto:GRuther@vailgov.com]਍ഀ Sent: Wed 8/8/2007 6:12 AM਍ഀ To: Bill Gardiner਍ഀ Subject: Re:਍ഀ Good Morning Bill-਍ഀ Thanks for your email. I have asked the applicant to address this਍ഀ matter asap.਍ഀ Talk to you soon,਍ഀ 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਍ഀ "Bill Gardiner" <bill@pencomsf.com> 08/07/2007 12:05 PM਍ഀ Dear George,਍ഀ file://C:\DOCUments and Settings\Administrator\Local Se... 09/20/2007਍ഀ Re: Page 2 of 2਍ഀ 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਍ഀ file://C:\Documents and settings\Administrator\Local Se... 09/20/2007਍ഀ rbu -con~u~-਍ഀ ~ T v w vz/. L• L਍ഀ ~i+MD~O~r.L, ~s~tsL ~ Co~wt~~l.਍ഀ SST 6Vt t t --ra ~p~rzr,਍ഀ viow --tz:> 1-~-~.਍ഀ j-kem) vwf cc. osee'O'e TAD v *4w -T-k 4c wrrzAAk-਍ഀ a1p3਍ഀ CAW11pU1~i~_ Wtl,'i~J1,t~~Tti1~ ~ll~ -਍ഀ u f - w w ,v u~ r mks , 44J ~ V-r- ~uw~"c਍ഀ mss - Ay,~42- v V2 - - ; 1,40-c.਍ഀ L ,nom*-%-Z>. 1N~਍ഀ _&o et - j਍ഀ w tu 'l4o t,Vi~ ;vu~ -Ipvn ccr n+ JL- V--d7,1 91 i mac-਍ഀ L- LV -LllEcrA-c-w .,LDT- P,,e r਍ഀ ikuon -vv 1t'v5vk L 4- 0V2 urAw਍ഀ ~ ~ J-AL Jt W1~iG4-(~ Am, Opp C tz.D਍ഀ I਍ഀ MEMORANDUM਍ഀ TO: Planning and Environmental Commission਍ഀ FROM: Community Development Department਍ഀ DATE: January 14, 2008਍ഀ SUBJECT: A request for a final review of an exterior alteration, pursuant to Section਍ഀ 12-7B-7, Exterior Alterations or Modifications, Vail Town Code, to allow਍ഀ for the redevelopment of the Rucksack Condominium Building and the਍ഀ Scott Building, located at 288 Bridge Street, part of Lot C and Lot D,਍ഀ Block 5A, Vail Village Filing 1. (PEC07-0076)਍ഀ Applicant: Jeffery B. Selby, represented by Jay Peterson਍ഀ Planner: Scot Hunn਍ഀ 1. SUMMARY਍ഀ The applicant, Jeffrey B. Selby, represented by Jay Peterson, has requested final਍ഀ review of a major exterior alteration at the Rucksack Condominium Building and਍ഀ the adjacent Scott Building, located at 288 Bridge Street, part of Lot C and Lot D,਍ഀ Block 5A, Vail Village Filing 1. The request for review is presented in anticipation਍ഀ of the proposed re-development of the Rucksack Condominium Building, and is਍ഀ now inclusive of the adjacent "Scott Building" (aka the "Burton Store") within the਍ഀ scope of the re-development project. The re-development project includes:਍ഀ o Expansion of Level One (street level) of the Rucksack Condominium਍ഀ Building and the adjacent Scott Building, resulting in an increase to਍ഀ commercial square footage by approximately 279 sq. ft.਍ഀ o Expansion of Level Two of the Rucksack Condominium Building via the਍ഀ creation of a new second story over the adjacent Scott Building਍ഀ (expansion of Rucksack second floor over the top of the Scott Building)਍ഀ and the infill of existing storage areas in the Rucksack Condominium਍ഀ Building, by approximately 2,241 sq. ft.਍ഀ o Conversion of existing Level Two office space within the existing਍ഀ Rucksack Condominium Building into a new residential unit਍ഀ o Demolition and renovation of existing exterior stairs on the south (Bridge਍ഀ Street) side of the Rucksack Condominium Building਍ഀ o Renovation/Repair of existing stairs and decks on east (Mill Creek) side਍ഀ of the Rucksack Condominiums Building਍ഀ o Creation of new access and egress to public way, at the east (rear) of the਍ഀ Rucksack Condominium Building through the east (rear) side of the Scott਍ഀ Building਍ഀ o Creation of new trash storage and removal area for the combined਍ഀ Rucksack Condominiums/Scott Buildings at the east (rear) of the Scott਍ഀ Building਍ഀ o Remodel of an existing stairwell and deck on south side of the Rucksack਍ഀ Condominiums Building਍ഀ o Addition of new roof element on west side of the Rucksack਍ഀ Condominiums Building as well as, a new roof over the entire Scott਍ഀ Building਍ഀ o Replacement of existing roof materials and assemblies for entire਍ഀ Rucksack Condominiums Building਍ഀ o Addition of an elevator on the north side of the Rucksack Condominiums਍ഀ Building਍ഀ o Removal and replacement of existing building (tenant) signage for both਍ഀ the Rucksack Condominiums Building and the Scott Building਍ഀ 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਍ഀ 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਍ഀ memo.਍ഀ 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 (aka "the Rucksack Condominium Building and the਍ഀ Scott Building) project's conformance with zoning and development regulations਍ഀ prescribed for re-development within the Commercial Core Area 1 (CC1) District.਍ഀ This requested review includes previously approved alterations to the Rucksack਍ഀ Condominium Building. As well, the requested review has been expanded to਍ഀ include the addition of the adjacent Scott Building within the scope of the re-਍ഀ development project.਍ഀ The Planning and Environmental Commission will also 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.਍ഀ 2਍ഀ Project Overview਍ഀ The attached plan sets (Attachment B) dated December 17, 2007, submitted by਍ഀ the applicant depict 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 Rucksack Condominiums Building (street level -਍ഀ currently retail space and the Adjacent Burton Store)਍ഀ Demolition and remodel to existing interior space and exterior਍ഀ materials਍ഀ 279 sq. ft. expansion/addition of both buildings, inclusive of਍ഀ expanded and reconfigured front entryways for the Rucksack਍ഀ Condominiums Building and the Scott Building (Burton Store)਍ഀ Addition of elevator and remodeled secondary entry from street level਍ഀ on the North side of the Rucksack Condominiums Building਍ഀ • Removal of an existing steel stair case on the South side of the਍ഀ Rucksack Condominiums Building and replacement with heated stone਍ഀ stairwell਍ഀ Renovation of existing stairwell at rear (east) side of the Rucksack਍ഀ Condominiums Building and the creation of pedestrian egress਍ഀ pathway from stairs to access easement located behind the Scott਍ഀ Building਍ഀ 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 Rucksack Condominiums Building (currently real਍ഀ estate office space)਍ഀ • Demolition and remodel to existing interior space and exterior਍ഀ materials, inclusive of: new siding, new roof element on west਍ഀ elevation, roof replacement, as well as new trim, fascia, soffits,਍ഀ windows, doors and balconies਍ഀ • Raised roof (ridge and eaves) height by approximately 4' over existing਍ഀ second floor office in the Rucksack Condominiums Building਍ഀ 2,241 sq. ft. residential expansion including conversion of existing਍ഀ office space, as well as, an addition on the north side of the Rucksack਍ഀ Condominiums Building, over the existing Burton Store retail space਍ഀ Creation of a balcony facing Bridge Street, over existing stairwell to਍ഀ Joe's Famous Deli਍ഀ Creation of an roof top terrace/deck, over the existing Burton Store਍ഀ retail space - as part of the residential unit਍ഀ Addition of an elevator on the north side of the Rucksack਍ഀ Condominiums Building਍ഀ • Renovation of existing stairwell at rear (east) side of the Rucksack਍ഀ Condominiums Building and the creation of pedestrian egress਍ഀ 3਍ഀ pathway from stairs to access easement located behind the Scott਍ഀ Building਍ഀ Elimination of an exterior staircase and wood balcony structure on the਍ഀ West (Bridge Street) side of the Rucksack Condominiums Building਍ഀ Level Two/Three Unit R1 Rucksack Condominiums Building (residential਍ഀ condominium unit)਍ഀ Demolition and remodel to existing exterior materials - repair and਍ഀ replacement of stucco elements, vertical board and batten siding, and਍ഀ windows to match all other exterior alterations proposed on north,਍ഀ south and west elevations of the Rucksack Condominiums Building਍ഀ Addition of balcony on West elevation of Unit R1਍ഀ 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 materials - repair and replacement਍ഀ of stucco elements 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਍ഀ commercial/retail floor plan by expanding and reconfiguring floor area on Level਍ഀ One of both the Rucksack and Scott Buildings, and raising finished floor levels਍ഀ and ceiling heights. With the addition of the Scott Building (to the north of the਍ഀ Rucksack Condominiums Building) within the scope of the proposed re-਍ഀ development project, the applicant is now proposing expansion of commercial਍ഀ and residential square footage. Therefore, a primary goal of any re-development਍ഀ of this combined site will be to increase retail floor area on the street level of both਍ഀ buildings, expanding gross residential floor area (GRFA) on the second level,਍ഀ and bringing both structures 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਍ഀ and residential floor area within the existing and proposed structures. Briefly:਍ഀ Existing Proposed Increase਍ഀ Commercial 3,099 sq. ft. 3,378 sq. ft. 279 sq. ft.਍ഀ Residential 2,220 sq. ft. 4,461 sq. ft. 2,241 sq. ft.਍ഀ 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 12-713-7 of Title਍ഀ 12, Town of Vail Municipal Code਍ഀ 0 12-18: Nonconforming Sites, Uses, Structures and Site Improvements਍ഀ 4਍ഀ o 12-22: View Corridors਍ഀ 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਍ഀ Ill. BACKGROUND਍ഀ Project Overview਍ഀ The Bridge Street Building re-development project is the comprehensive re-਍ഀ development of the Rucksack Condominiums Building and the Scott Building,਍ഀ located on part of Lots C and D, Block 5A Vail Village, Filing 1. This prominent਍ഀ development site is generally located in the center of the Commercial Core 1਍ഀ (CC1) District, within the historic Vail Village, at the mid-block section of Bridge਍ഀ Street, and situated between the "A & D" Building to the north and the Red Lion਍ഀ Condominium Building to the south. This area is further identified within the਍ഀ "Mixed Use" land use designation of the Vail Village Master Plan, and is more਍ഀ specifically addressed as part of the "Commercial Core 1 Sub-Area #Y. 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."਍ഀ On August 27, 2007, the Town of Vail Planning and Environmental Commission਍ഀ (PEC) voted unanimously to approve a major exterior alteration at the Rucksack਍ഀ Condominiums Building. Since receiving PEC approval, the Applicant has਍ഀ acquired the adjacent, one-story Burton Store retail space known as the "Scott਍ഀ Building". The applicant's intent in presenting a new request for review of this਍ഀ project is to specifically include the Scott Building within the scope of the project,਍ഀ providing the applicant with needed access and egress from the Rucksack਍ഀ Condominiums Building. As well, the addition of the Scott Building provides਍ഀ additional development potential by way of increased site coverage and gross਍ഀ residential floor area (GRFA), provides improved trash storage and removal on-਍ഀ site, and allows for better construction coordination and code compliance within਍ഀ the scope of the re-development of the Rucksack Condominium Building.਍ഀ Building/Site History਍ഀ The Rucksack Condominiums 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 Rucksack Condominiums Building is਍ഀ situated within "Parcels 1, 2, 3 and 4", part of Lot D, Block 5A, Vail Village Filing਍ഀ 1. The combined total area of the site (Lot D) is approximately .0943 acres਍ഀ (4,108.85 sq. ft.) in size according to a survey completed by Peak Land਍ഀ Consultants, dated November 30, 2007.਍ഀ f਍ഀ IV.਍ഀ The date of original construction of the Scott Building is undetermined. The਍ഀ space has been occupied as either a restaurant or retail establishment,਍ഀ historically. Efforts to remodel and expand the existing structure have been਍ഀ proposed in the past, although such plans were never pursued. The Scott਍ഀ Building is situated within "Parcel B", a part of Lots C and D, Block 5A, Vail਍ഀ Village Filing 1. The area of Parcel B totals .033 acres (1,468 sq. ft.), according਍ഀ to a survey completed by Peak Land Consultants, dated November 30, 2007.਍ഀ View Corridors਍ഀ The Rucksack Condominiums Building, specifically the tower element of the਍ഀ building, is referenced in Chapter 22, View Corridors, of the Vail Town Code, as਍ഀ a prominent feature identified in (adopted) View Corridor #1.਍ഀ Final Plan Submittal਍ഀ Staff suggests that the level of detail and information provided for this stage of਍ഀ review by the Commission is adequate to review overall issues of building design਍ഀ and siting, as well as, any specific concerns or opportunities relative to bulk,਍ഀ mass, building height, exterior materials.਍ഀ Since initial approval of final plans for the Rucksack Condominiums Building on਍ഀ August 27, 2007, the applicant has acquired the adjacent "Scott Building" with਍ഀ the intent to re-develop that property in conjunction with the Rucksack਍ഀ Condominiums re-development project. The addition of the Scott Building to the਍ഀ overall scope of this re-development project has led. to the following changes to਍ഀ the plans for a major exterior alteration. Changes listed below address, in part,਍ഀ building and/or fire code issues identified by Staff and made part of previous਍ഀ conditions of approval:਍ഀ Revised plans to address building and fire code issues related to the਍ഀ provision of legal egress to a public way (access easement behind the A&D਍ഀ Building) from the Rucksack Condominiums Building, as well as, issues਍ഀ related to zero lot line construction਍ഀ Revised plans for Rucksack Condominiums Building to remove trash storage਍ഀ from area in front of the Burton Store, and relocate to the east (rear) of the਍ഀ Burton Store਍ഀ 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਍ഀ Order of Review:਍ഀ Generally, applications will be reviewed first by the Planning and਍ഀ Environmental Commission for impacts of use/development and then by਍ഀ 6਍ഀ 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 landscaping."਍ഀ Design 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਍ഀ 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਍ഀ 7਍ഀ 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 Regulations਍ഀ Chapter 7 - Commercial and Business Districts, Article B, Commercial Core 1਍ഀ (CC1) District (in part)਍ഀ 12-7B-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 scale and਍ഀ architectural qualities that distinguish the Village.਍ഀ 12-7B-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 enclosed 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਍ഀ 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):਍ഀ 8਍ഀ 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.਍ഀ 12-7B-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.਍ഀ 12-18-5: STRUCTURE AND 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਍ഀ 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਍ഀ 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.਍ഀ 9਍ഀ 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 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 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,਍ഀ 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.਍ഀ 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 focal 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).਍ഀ 10਍ഀ 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, 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 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 role 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 local and visitor needs.਍ഀ 3.5 Entertainment oriented business and cultural activities should be਍ഀ encouraged in the core areas to create diversity. More nighttime਍ഀ 11਍ഀ businesses, on-going events and sanctioned "street happenings" should਍ഀ be encouraged.਍ഀ 4.0 Village Core I 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. (scale, alpine character, small town feeling,਍ഀ mountains, natural setting, intimate size, cosmopolitan feeling,਍ഀ environmental quality.)਍ഀ 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 available through਍ഀ private efforts, assisted by limited incentives, provided by the Town of਍ഀ Vail with appropriate restrictions.਍ഀ 5.5 The existing employee housing base should be preserved and਍ഀ upgraded. Additional employee housing needs should be਍ഀ accommodated at varied sites throughout the community.਍ഀ 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 to guide the Town's decision-਍ഀ making in achieving each of the stated objectives. The Bridge Street Building is਍ഀ located within the Commercial Core 1 Sub-Area #3 of the Master Plan.਍ഀ 12਍ഀ 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 Objective: Encourage the upgrading and redevelopment of਍ഀ residential and commercial facilities.਍ഀ 1.3 Objective: Enhance new development and redevelopment through਍ഀ public improvements done by private developers working in cooperation਍ഀ with the Town.਍ഀ 1.3.1 Policy: 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 Objective: 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 Objective: 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 scale 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 Policy: Commercial infill development, consistent with਍ഀ established horizontal zoning regulations shall be encouraged to਍ഀ provide activity generators, accessible green spaces, public plazas,਍ഀ and streetscape improvements to the pedestrian network 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.਍ഀ 13਍ഀ 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 Objective: 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.਍ഀ 3.1.1 Policy: Private development projects shall incorporate਍ഀ streetscape improvements (such as paver treatments, landscaping,਍ഀ lighting and seating areas), along adjacent pedestrian ways.਍ഀ 3.1.3 Policy: Flowers, trees, water features and other landscaping shall਍ഀ be encouraged throughout the Town in locations adjacent to, or visible਍ഀ from, public areas.਍ഀ Goal #4 To preserve existing open space areas and expand਍ഀ greeenspace opportunities਍ഀ 4.1 Objective: 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 Policy: The development of new public plazas, and improvements਍ഀ to existing plazas (public art, streetscape features, seating areas,਍ഀ etc.) shall be strongly 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 Policy: Minor improvements (landscaping, decorative paving, open਍ഀ dining decks, etc.), may be permitted on Town of Vail land or right-of-way਍ഀ 14਍ഀ (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 able 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.਍ഀ VI.਍ഀ Vail Village Urban Design 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.਍ഀ 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.਍ഀ This analysis includes existing and proposed development standards for the਍ഀ combined lot area of Lots C and D, Block 5A, Vail Village Filing 1:਍ഀ Street Address: 288 Bridge Street਍ഀ Parcel Numbers: 210108244003਍ഀ 210108244004਍ഀ 210108244005਍ഀ 210108241002਍ഀ Zoning: Commercial Core 1 (CC1) zone district਍ഀ Lot Area (combined): 5,577 square feet (.12 acres)਍ഀ Land Use Plan Designation: Mixed Use਍ഀ Current Land Use: Mixed Use Development਍ഀ Development Standard Allowed/Required Existin Proposed਍ഀ Buildable Lot Area: 5,000 sq. ft. (min.) 5,577 sq.ft. No Change਍ഀ Setbacks: None Required (or unless specified਍ഀ otherwise in the VVMP) *਍ഀ 15਍ഀ Building Height:਍ഀ 60% at 33 ft. or less਍ഀ 56%਍ഀ 40% at 33 ft. to 43 ft.਍ഀ 37%਍ഀ CNo Change਍ഀ Density: DU's-਍ഀ 25 D.U.s/acre (3 units)਍ഀ 2਍ഀ 3਍ഀ dwelling units AU's-਍ഀ 50 A.U./acre (6 units)਍ഀ None਍ഀ None਍ഀ GRFA:਍ഀ 80% or਍ഀ 2,220 sq. ft.਍ഀ 4,461 sq. ft.਍ഀ 4,462 sq. ft.਍ഀ Site Coverage:਍ഀ 80% (max.) or਍ഀ 4,462 sq. ft.਍ഀ 4,153 sq. ft.਍ഀ 4,458 sq. ft.਍ഀ VII਍ഀ VIII.਍ഀ Landscape Area: Per the Vail Village਍ഀ Urban Design Guide Plan਍ഀ Parking: Pay-in-Lieu (12-7B-17)** 0 on-site No Change਍ഀ Loading: 1 berth 0 on-site Off-site਍ഀ Notes:਍ഀ * Setbacks vary around the development site depending on the location of the "build-to-line"਍ഀ specified in the Vail Village Master Plan; Section 12-14-17, Setbacks to Watercourses, Vail਍ഀ Town Code, stipulate a 30' setback to the centerline of Mill Creek.਍ഀ Pay-in-lieu fee not applicable - development proposal reduces parking requirement for site.਍ഀ SURROUNDING LAND USES਍ഀ Land Use Zoning਍ഀ 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.਍ഀ REVIEW CRITERIA AND FINDINGS਍ഀ 12-7B-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;਍ഀ o Change਍ഀ 16਍ഀ Staff response:਍ഀ Staff believes the proposed exterior alteration is in compliance with the਍ഀ purposes of the CC1 zone district.਍ഀ Specifically, the purpose of the Commercial Core 1 (CC1) District is:਍ഀ 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 scale and architectural qualities਍ഀ that distinguish the Village."਍ഀ Staff believes this major exterior alteration will:਍ഀ • Maintain the unique character of the Vail Village commercial area,਍ഀ and;਍ഀ • Ensure the maintenance and preservation of the tightly clustered਍ഀ arrangements of buildings fronting on pedestrian ways and਍ഀ greenways, and;਍ഀ • Ensure continuation of the building scale and architectural qualities਍ഀ that distinguish the Village.਍ഀ 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 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 design represents a "high quality" of re-development while਍ഀ preserving, in general, the unique architectural scale of the Village. This਍ഀ aspect of the project enhances the sense of community and identity਍ഀ apparent in the Village Core. Staff believes the inclusion of the Scott਍ഀ Building in the re-development of the Rucksack Condominiums Building਍ഀ enhances the project and presents the opportunity to improve access,਍ഀ egress and trash storage and removal, as well as, enhance building਍ഀ massing and scale relative to surrounding structures. Further, the Vail਍ഀ Village Master Plan calls for variation in roof heights within a range of਍ഀ allowed building heights; the current proposal meets this intent (to create਍ഀ variation in roof heights) by providing a new open gable roof form on the਍ഀ West (Bridge Street) elevation, and introducing a new two-story element਍ഀ above the Scott Building. Lastly, the proposal preserves existing "activity਍ഀ 17਍ഀ pockets" along Bridge Street as identified in the Town of Vail Streetscape਍ഀ Master Plan.਍ഀ 3. The proposal does not otherwise negatively alter the character਍ഀ of the neighborhood;਍ഀ Staff response:਍ഀ Staff believes the proposed exterior alteration does not otherwise਍ഀ negatively alter the character of the neighborhood. The project, when਍ഀ viewed in context with surrounding structures, is consistent with and will਍ഀ improve the quality and design characteristics of the surrounding਍ഀ neighborhood. Specifically, the forms, materials and detailing of the਍ഀ proposed improvements are consistent with the historic nature of the਍ഀ surrounding built environment and will reinforce specific design਍ഀ characteristics apparent in the Village Core. 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 the following issues remain outstanding and਍ഀ must be addressed by the applicant prior to or concurrent with the DRB਍ഀ review.਍ഀ Integration of exterior remodel design and materials਍ഀ The applicant only proposes to change exterior materials on the front਍ഀ portion of the Rucksack Condominiums 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, overall, the proposed exterior materials and਍ഀ detailing are appropriate and will greatly enhance the appearance of the਍ഀ structures.਍ഀ However, Staff suggests that the Design Review Board 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 submitted with any DRB application਍ഀ 18਍ഀ for review and shall 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਍ഀ urban design considerations: pedestrianization, vehicular਍ഀ penetration, streetscape framework, street enclosure, street਍ഀ edge, building height, views, service/delivery and sun/shade਍ഀ analysis; and,਍ഀ Staff response:਍ഀ Staff believes 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:਍ഀ Streetscape Framework਍ഀ The Guide Plan states the following (in part):਍ഀ "To improve the quality of the walking experience and give਍ഀ continuity to the pedestrian ways ...two general types of਍ഀ improvements adjacent to the walkways are considered:਍ഀ 2. Infill commercial storefronts expansion of existing਍ഀ buildings, or new infill development to create new਍ഀ commercial activity generators to give street life and visual਍ഀ interest, as attractions at key locations along pedestrian਍ഀ routes. "਍ഀ Staff believes the proposed design meets the specific intent of these਍ഀ Design Considerations - of creating new commercial activity generators,਍ഀ and creating visual interest at a key location along a prominent pedestrian਍ഀ route.਍ഀ Street Enclosure਍ഀ The Guide Plan states the following (in part):਍ഀ "While building facade heights should not be uniform from building਍ഀ to building, they should provide a "comfortable" enclosure for the਍ഀ street. "਍ഀ Further, that:਍ഀ "Pedestrian streets are outdoor rooms whose walls are formed by਍ഀ the buildings. The shape and feel of these `rooms' are created by਍ഀ the variety of heights and massing (three-dimensional variations)਍ഀ which give much of the visual interest and pedestrian scale unique਍ഀ to Vail."਍ഀ 19਍ഀ Staff believes the proposed design, specifically the massing, bulk and਍ഀ forms meet the intent of these Design Considerations. Specifically, the਍ഀ forms, fagade heights and setbacks reinforce, or generally enhance, the਍ഀ three-dimensional variations apparent in the built form along Bridge Street.਍ഀ In addition, Staff has analyzed the ratio of increased fagade height to the਍ഀ width of Bridge Street (as an `outdoor room') and has found that the design਍ഀ continues to provide a comfortable enclosure, on average (i.e. fagade is਍ഀ generally '/z as high as the width of the space enclosed).਍ഀ Street Edge਍ഀ The Guide Plan states the following (in part):਍ഀ "Buildings in the Village Core should form a strong but irregular਍ഀ edge to the street. "਍ഀ Further, that:਍ഀ "Consistent with the desire for intimate pedestrian scale, placement਍ഀ of portions of a building at or near the property line is allowed and਍ഀ encouraged to give strong definition to the pedestrian streets. "਍ഀ Staff believes the proposed design meets the intent of these Design਍ഀ Considerations by introducing additional mass in the form of a second਍ഀ story addition at or near the property line between Lot D and the Town of਍ഀ Vail Right-of-Way (Bridge Street). Also, the proposed design reinforces਍ഀ the existing "strong but irregular edge to the street" by stepping forms both਍ഀ laterally and vertically as viewed from the pedestrian level of Bridge Street.਍ഀ Building Height਍ഀ The Guide Plan states the following (in part):਍ഀ "Basically, the Village Core is perceived as a mix of two and three਍ഀ story facades, although there are also four and five story buildings.਍ഀ The mix of building heights gives variety to the street, which is਍ഀ desirable. The height criteria are intended to encourage height and਍ഀ massing variety and to discourage uniform building heights along਍ഀ the street."਍ഀ Further, that:਍ഀ "1. Up to 60% of the building ...may be built to a height of 33਍ഀ feet or less.਍ഀ 2. No more than 40% of the building ...may be built to a਍ഀ height of 33 feet, but not higher than 43 feet. "਍ഀ Staff believes the proposed design meets the intent of these Design਍ഀ Considerations. Specifically, the Applicant proposes to add building height,਍ഀ bulk and mass to two existing, adjacent structures in a manner that is਍ഀ respectful to the existing structures, as well as, adjacent structures. The਍ഀ design furthers the intent to "to encourage height and massing variety and਍ഀ 20਍ഀ to discourage uniform building heights along the street", and the design਍ഀ specifically adheres to the recommended height guidelines prescribed as਍ഀ percentages of overall building heights.਍ഀ Views਍ഀ The Guide Plan states the following (in part):਍ഀ "Vail's mountain/valley setting is a fundamental part of its identity.਍ഀ Views of the mountains, ski slopes, creeks and other natural਍ഀ features are reminders of the mountain environment and, by਍ഀ repeated visibility, are orientation reference points. "Certain਍ഀ building features also provide important orientation references and਍ഀ visual focal points. The most significant view corridors have been਍ഀ adopted as part of Chapter 12-22 of the Vail Municipal Code. "਍ഀ Further, that:਍ഀ "Views that should be preserved originate from either major਍ഀ pedestrian areas or public spaces, and include views of the ski਍ഀ mountain, the Gore Range, the Clock Tower, the Rucksack Tower਍ഀ and other important man-made and natural elements that਍ഀ contribute to the sense of place associated with Vail."਍ഀ Staff believes the proposed design will not adversely affect any identified਍ഀ view corridors. Specifically, although the applicant proposes to re-roof the਍ഀ tower element of the existing Rucksack Condominiums Building, no਍ഀ substantive changes are proposed that will affect the design or height of਍ഀ the tower or present any other impediment (new/raised roof structures on਍ഀ the Rucksack Condominiums Building and Scott Building) within਍ഀ mapped/surveyed View Corridor No. 1.਍ഀ Service and Delivery਍ഀ The Guide Plan states the following (in part):਍ഀ "Any building expansion should preserve the functions of existing਍ഀ service alleys."਍ഀ Further, that:਍ഀ "in all new and remodeled construction, delivery which avoids or਍ഀ reduces impacts on pedestrian ways should be explored and਍ഀ adopted whenever practical for immediate and future usage. Rear਍ഀ access, basement and below-ground delivery corridors reduce਍ഀ congestion. "਍ഀ Staff believes the proposed design meets the intent of this Design਍ഀ Consideration. Specifically, with the addition of the Scott Building to this re-਍ഀ development project, the applicant is now able to provide enhanced trash਍ഀ storage and removal service at the rear (east) side of the combined਍ഀ property, via an access way and easement leading to Gore Creek Drive to਍ഀ 21਍ഀ the north. This removes trash storage and removal from the front (west)਍ഀ side of the Burton Store.਍ഀ Sun/Shade਍ഀ The Guide Plan states the following (in part):਍ഀ "All new or expanded building should not substantially increase the਍ഀ spring and fall shadow pattern (March 21 through September 23)਍ഀ on adjacent properties or the public ROW. In all new building਍ഀ construction, shade shall be considered in massing and overall਍ഀ height considerations. Notwithstanding, sun/shade consideration਍ഀ are not intended to restrict building height allowances, but rather to਍ഀ influence the massing of buildings."਍ഀ Further, that:਍ഀ "Additions to existing buildings may be created in several ways to਍ഀ avoid extending shadow patterns."਍ഀ Staff believes the proposed design, although increasing the spring and fall਍ഀ shadow pattern slightly, meets the intent of this Design Consideration.਍ഀ 5. The proposal substantially complies with all other elements of਍ഀ the Vail Comprehensive Plan.਍ഀ Staff response:਍ഀ Staff believes the proposed design 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 Analysis਍ഀ The Applicant should be required to resolve any and all issues related to਍ഀ building code and fire code compliance, including egress issues and zero਍ഀ lot line construction, as part of a comprehensive building and fire code਍ഀ analysis submitted to the Town.਍ഀ Employee Housing Provision਍ഀ In February of 2007, the Town Council passed Ordinances No. 7 and No.਍ഀ 8, Series of 2007, which enacted regulations for the provision of employee਍ഀ housing units through several possible mitigation methods for all projects਍ഀ in the Commercial Core 1 (CC1) District. Within these ordinances a nexus਍ഀ was established between commercial and residential development and the਍ഀ generation of employees was established. In adopting these ordinances a਍ഀ methodology was established to determine the impact of a commercial and਍ഀ residential development on the need for employee housing at a goal of਍ഀ providing 30% of the housing generated by a project.਍ഀ 22਍ഀ Furthermore, the following provisions have been made for meeting the਍ഀ requirement for providing employee housing through several different਍ഀ options or combination of options. The options include:਍ഀ • Provision of on-site units;਍ഀ • Conveyance of property on-site;਍ഀ • Provision of off-site units;਍ഀ • Payment of fees-in-lieu; and਍ഀ • Conveyance of property off-site਍ഀ A proposed development or redevelopment may choose to propose any of਍ഀ the above options or combination of options. Within the two Ordinances, the਍ഀ Planning and Environmental Commission was given the authority to review਍ഀ an applicant's proposal for mitigating the employee generation of a project਍ഀ and grant approval of the proposal. There are some specific instances਍ഀ were the Town Council must also accept the proposal for mitigating the਍ഀ employee requirement generated by a project.਍ഀ The Staff has reviewed the proposal for compliance with Ordinance No.(s)਍ഀ 7 and 8, Series of 2007, and calculates the mitigation requirement for the਍ഀ proposed Bridge Street Building project, as follows:਍ഀ Residential Mitigation Calculation:਍ഀ 2,241 sq. ft. (new/additional) GRFA x 10% = 224.1 sq. ft. mitigation required਍ഀ 224.1 sq. ft. x $236.65/sq. ft. _ $53,033.30 payment-in-lieu required਍ഀ Commercial Mitigation Calculation:਍ഀ 279 sq. ft. (new/additional) commercial space਍ഀ 279 sq. ft. x 2.4 employees/1000 sq. ft. of new net floor area = .66਍ഀ .66 employee mitigation requirement x $131,385.00 = $86 714.1਍ഀ Total Mitigation Required:਍ഀ Residential Mitigation: $53,033.30਍ഀ 7਍ഀ Commercial Mitigation: $86,714.10਍ഀ Total: $139,747.40਍ഀ Currently the Town has no plan for the funds that may be collected from the਍ഀ payment-in-lieu option for mitigating housing requirements. Funds collected਍ഀ from this option could be used to construct units or to purchase units and਍ഀ then resell them after placing a deed restriction upon the property and਍ഀ selling them for a more affordable price.਍ഀ 23਍ഀ Parking Mitigation (pay-in-lieu)਍ഀ Staff has calculated the following changes to the parking requirement for਍ഀ the Rucksack Condominiums and Scott Buildings, based on the proposed਍ഀ plans to convert existing office space to residential uses, and to expand਍ഀ existing commercial uses and according to "Schedule A" Vail Town Code:਍ഀ New/Current Parking Requirement਍ഀ New Residential Unit: 1.4 spaces per (new) unit਍ഀ New Commercial Sq. Ft.਍ഀ Total New Parking:਍ഀ 279 sq. ft. (new)਍ഀ x 2.3 spaces/1000 sq਍ഀ _ .7 spaces਍ഀ 1.4 spaces਍ഀ + 7 spaces਍ഀ = 2.1 spaces਍ഀ ft (net floor area)਍ഀ Existing Parking Requirement (Credit)਍ഀ Office Area Removed਍ഀ 1,405, sq. ft.਍ഀ x 2.7 spaces/1000 sq. ft. (net floor area)਍ഀ = 3.8 spaces (eliminated)਍ഀ Credit: 3.8 spaces eliminated਍ഀ - 2.1 spaces required਍ഀ = 1.7 spaces credited਍ഀ Based on the above calculations, Staff believes that the applicant is not਍ഀ required to pay-in-lieu for any additional required parking.਍ഀ IX.਍ഀ STAFF RECOMMENDATION਍ഀ The Community Development Department recommends that the Planning and਍ഀ Environmental Commission approves, with conditions a major exterior਍ഀ alteration, pursuant to Section 12-7B-7, Exterior Alterations or Modifications, Vail਍ഀ Town Code, to allow for the redevelopment of the Rucksack Condominium਍ഀ Building and the Scott Building, located at 288 Bridge Street, part of Lot C and਍ഀ Lot D, Block 5A, Vail Village Filing 1. Staff's recommendation is based upon the਍ഀ review of the criteria found in Section VIII of this memorandum and the evidence਍ഀ and testimony presented.਍ഀ Should the Planning and Environmental Commission choose to approve this਍ഀ major exterior alteration, the Department of Community Development਍ഀ recommends the Commission pass the following motion:਍ഀ "The Planning and Environmental Commission approves, with conditions,਍ഀ the Applicant's request for a major exterior alteration, pursuant to Section਍ഀ 12-7B-7, Exterior Alterations or Modifications, Vail Town Code, to allow਍ഀ for the redevelopment of the Rucksack Condominium Building and the਍ഀ Scott Building, located at 288 Bridge Street, part of Lot C and Lot D,਍ഀ Block 5A, Vail Village Filing 1, and setting forth details in regard thereto."਍ഀ 24਍ഀ vett(&਍ഀ ~ g vv਍ഀ Should the Planning and Environmental Commission choose to approve this਍ഀ major exterior alteration, the Community Development Department suggests the਍ഀ following conditions:਍ഀ 1. The Developer shall be required to provide a building code and fire code਍ഀ analysis with any submittal for building permit,਍ഀ 2. The Developer shall address any and all issues and provide all necessary਍ഀ details related to trash storage and access located on the east side of the਍ഀ Bridge Street Building (a.k.a. The Rucksack Condominiums Building and਍ഀ Scott Building), in conjunction with any Design Review application.਍ഀ 3. The Developer shall resolve all issues regarding drainage from the existing਍ഀ and proposed building(s) on to adjacent properties; the provision of਍ഀ gutters, downspouts and other drainage methods tied into existing Town of਍ഀ Vail storm sewer improvements may be required as revisions to building਍ഀ permit set of drawings with any building permit application.਍ഀ 4. The Developer shall submit final details in conjunction with any Design਍ഀ Review application for final review, depicting any and all necessary਍ഀ hardscape, grading and drainage improvements at the rear (east) side of਍ഀ the combined properties, for the specific purpose of providing adequate਍ഀ and code compliant egress from the Rucksack Condominiums Building to਍ഀ a public way.਍ഀ 5. The Developer 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 Developer 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.਍ഀ 7. The Developer 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.਍ഀ That the Developer pays in full, the employee housing mitigation fee -of-਍ഀ $139,747:4 prior to the issuance of the building permit for The Bridge਍ഀ Street Building project.਍ഀ 9. The Developer shall, within 24 hours following any action by the Planning਍ഀ and Environmental Commission to approve File No. PEC070076, present਍ഀ to the Town of Vail Community Development Department a plan to਍ഀ mitigate and otherwise rectify the existing conditions of the Rucksack਍ഀ commercial space. Such plan shall be implemented within forty-eight (48)਍ഀ hours of any such final approval by the Planning and Environmental਍ഀ Commission and shall specify the means of providing screening or other਍ഀ window covering, treatment or concealment on all windows with visibility਍ഀ from, and/or frontage on Bridge Street for the purpose of concealing any਍ഀ and all unsightly construction activity occurring within the commercial਍ഀ space located at 288 Bridge Street.਍ഀ -T-0 qf-਍ഀ 'Oearemv-s~_਍ഀ s-M~4-਍ഀ 25਍ഀ X. ATTACHMENTS਍ഀ A. Vicinity Map਍ഀ B. View Corridor Image - View No. 1਍ഀ C. Site Development Calculations by Fritzlen Pierce Architects਍ഀ D. Reduced Plan Set dated December 17, 2007਍ഀ 26਍ഀ Attachment A਍ഀ 27਍ഀ Attachment B਍ഀ Al਍ഀ 28਍ഀ Z਍ഀ n਍ഀ 0਍ഀ 3਍ഀ 3਍ഀ D਍ഀ w਍ഀ N਍ഀ V਍ഀ 3਍ഀ CD਍ഀ "S਍ഀ l 1਍ഀ n਍ഀ I਍ഀ I਍ഀ o °਍ഀ (਍ഀ D਍ഀ w 0 3਍ഀ C)਍ഀ T਍ഀ n)਍ഀ o਍ഀ (D 20਍ഀ D T਍ഀ - r r਍ഀ <਍ഀ 3਍ഀ D਍ഀ w਍ഀ T' <਍ഀ fD਍ഀ x਍ഀ <਍ഀ (D (D N਍ഀ C਍ഀ W਍ഀ C)਍ഀ w o਍ഀ ~਍ഀ i਍ഀ a਍ഀ o o਍ഀ N N਍ഀ N A ol਍ഀ A A਍ഀ N W W to਍ഀ o -਍ഀ o C਍ഀ a O rn਍ഀ 0 0 0 0਍ഀ D਍ഀ w਍ഀ r~਍ഀ n਍ഀ D਍ഀ X਍ഀ n਍ഀ A਍ഀ 41਍ഀ ON਍ഀ Z਍ഀ Z਍ഀ O਍ഀ (D਍ഀ rD਍ഀ v਍ഀ 0਍ഀ 0਍ഀ w਍ഀ w਍ഀ w਍ഀ M਍ഀ rD਍ഀ y਍ഀ a਍ഀ 0਍ഀ (D਍ഀ 7਍ഀ T਍ഀ ~p਍ഀ C਍ഀ .਍ഀ 0਍ഀ fl਍ഀ 3਍ഀ (D਍ഀ w਍ഀ C9਍ഀ C਍ഀ 0਍ഀ Q-਍ഀ (D਍ഀ N਍ഀ 7਍ഀ d਍ഀ Q.਍ഀ W਍ഀ rr਍ഀ O਍ഀ O਍ഀ jC਍ഀ O਍ഀ o਍ഀ n਍ഀ vi਍ഀ ~਍ഀ N਍ഀ w਍ഀ O਍ഀ V਍ഀ -a਍ഀ W਍ഀ V਍ഀ ?਍ഀ r)਍ഀ r)਍ഀ (D਍ഀ (D਍ഀ D X਍ഀ x਍ഀ D਍ഀ (D਍ഀ (p਍ഀ o਍ഀ (D਍ഀ 7਍ഀ o਍ഀ X X C਍ഀ W਍ഀ (n਍ഀ w਍ഀ cn਍ഀ v਍ഀ 0਍ഀ o਍ഀ o਍ഀ o਍ഀ n਍ഀ n਍ഀ n਍ഀ C਍ഀ w਍ഀ M਍ഀ ਍ഀ (D਍ഀ w਍ഀ q਍ഀ M਍ഀ (D਍ഀ ਍ഀ T਍ഀ 60਍ഀ w਍ഀ rD਍ഀ D਍ഀ W-਍ഀ ^਍ഀ l 1਍ഀ n਍ഀ w਍ഀ 41਍ഀ 41਍ഀ w਍ഀ w਍ഀ O਍ഀ co਍ഀ Cl਍ഀ rn਍ഀ O਍ഀ to਍ഀ am਍ഀ ਍ഀ w਍ഀ o,਍ഀ O਍ഀ F਍ഀ 14,਍ഀ i਍ഀ ~r਍ഀ n਍ഀ n਍ഀ N਍ഀ w਍ഀ O_਍ഀ ?1)਍ഀ 0਍ഀ D਍ഀ o ~਍ഀ rD਍ഀ w਍ഀ 00 ~n਍ഀ O cn਍ഀ o v਍ഀ Attachment C਍ഀ rt਍ഀ CD਍ഀ n਍ഀ n਍ഀ w w_ _w਍ഀ 0 0਍ഀ o p ~਍ഀ 0 o Q C਍ഀ (D਍ഀ 00 Oo O਍ഀ N N਍ഀ D O O਍ഀ V N N਍ഀ A ~਍ഀ W O O਍ഀ ~ rt਍ഀ 00਍ഀ oD - l J਍ഀ O V V਍ഀ - N N ^਍ഀ W O 6~ \ 1਍ഀ II II II਍ഀ N W W ~tV_ O_ O਍ഀ W O਍ഀ R਍ഀ j,n,,s iq I -uyxo਍ഀ Pte', VA I*40*S਍ഀ 3. The applicants shall submit, as part of the design review application, a landscape plan਍ഀ including proposed screening of the outdoor parking spaces.਍ഀ 4. The applicants shall move any existing outdoor storage of trash, equipment or਍ഀ inoperable vehicles into the enclosed garage as soon as a Certificate of Occupancy is਍ഀ obtained.਍ഀ 5. The applicant shall sign an affidavit, approved by the Town Attorney and recorded਍ഀ with the Eagle County Clerk and Recorder, stating that no rental of the existing or਍ഀ proposed floor area shall take place, before a Certificate of Occupancy is obtained.਍ഀ Nicole Peterson presented an overview of the proposal and the Staff memorandum.਍ഀ The applicants had no comment.਍ഀ Alan Scott, 3150 Booth Falls Court, stated that he generally supported the construction of a਍ഀ garage. He stated his concern that the garage will be used for parking cars and not only be used਍ഀ for storage. He also voiced a concerned about there being adequate snow storage.਍ഀ Dominique Mauriello of the Mauriello Planning Group, LLC, representing the Vail Mountain਍ഀ School, noted concern about landscape improvements and a sewer line that were constructed਍ഀ on the school's property.਍ഀ Commissioners Viele and Pierce noted that this was a private matter outside this discussion.਍ഀ Commissioner Pierce entered a letter from the Scott's, Guerry's, and Lamb's into the record.਍ഀ Commissioner Gunion asked if the applicant is allowed to build within the utility easements.਍ഀ Nicole Peterson clarified that utility company approval is required in conjunction with the DRB਍ഀ application associated with this request.਍ഀ Commissioner Viele asked Staff to clarify the analysis of the review criteria and why we believed਍ഀ this was not a grant of special privledge.਍ഀ Nicole Peterson clarified.਍ഀ Commissioner Viele noted that the issue of the improvements on the school districts property਍ഀ and parking on the street can be resolved, with private agreements, existing covenants, and਍ഀ existing Town Codes.਍ഀ Commissioner Pierce noted that the existing house is not accessible to vehicular parking and਍ഀ that the applicant is requesting a variance to accommodate the garage. He also noted the਍ഀ Design Review Board's approval of a separation request for this proposal.਍ഀ Commissioner Viele voted against the proposal since he believes it is a grant of special privilege.਍ഀ 30 minutes਍ഀ 6. A request for a final review of an exterior alteration, pursuant to Section 12-7B-7, Exterior਍ഀ Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the Rucksack਍ഀ Condominium Building and the Scott Building, located at 288 Bridge Street/part of Lot C and Lot਍ഀ D, Block 5A, Vail Village Filing 1. (PEC070076)਍ഀ Applicant: Jeffery B. Selby, represented by Jay Peterson਍ഀ Planner: Scot Hunn਍ഀ Page 4਍ഀ 41 •F਍ഀ ACTION: Approved with conditions਍ഀ MOTION: Viele SECOND: Tjossem VOTE: 5-0-1 (Pierce recused)਍ഀ CONDITIONS:਍ഀ 1. The Developer shall be required to provide a building code and fire code analysis with਍ഀ any submittal for building permit,਍ഀ 2. The Developer shall address any and all issues and provide all necessary details਍ഀ related to trash storage and access located on the east side of the Bridge Street਍ഀ Building (a.k.a. The Rucksack Condominiums Building and Scott Building), in਍ഀ conjunction with any Design Review application.਍ഀ 3. The Developer shall resolve all issues regarding drainage from the existing and਍ഀ proposed building(s) on to adjacent properties; the provision of gutters, downspouts਍ഀ and other drainage methods tied into existing Town of Vail storm sewer improvements਍ഀ may be required as revisions to building permit set of drawings with any building਍ഀ permit application.਍ഀ 4. The Developer shall submit final details in conjunction with any Design Review਍ഀ application for final review, depicting any and all necessary hardscape, grading and਍ഀ drainage improvements at the rear (east) side of the combined properties, for the਍ഀ specific purpose of providing adequate and code compliant egress from the Rucksack਍ഀ Condominiums Building to a public way.਍ഀ 5. The Developer 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 Developer 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.਍ഀ 7. The Developer 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.਍ഀ 8. That the Developer pays in full, the employee housing mitigation fee, as established਍ഀ by the Town of Vail Staff and in accordance with Title 12, Chapter 23, Commercial਍ഀ Linkage, and Chapter 24, Inclusionary Zoning, Vail Town Code, prior to the issuance of਍ഀ the building permit for The Bridge Street Building project.਍ഀ 9. That the Developer pays in full, the traffic impact fee, as established by the Town of਍ഀ Vail Staff based on the net increase in trip generation, prior to the issuance of the਍ഀ building permit for The Bridge Street Building project.਍ഀ 10. The Developer shall, within 24 hours following any action by the Planning and਍ഀ Environmental Commission to approve File No. PEC070076, present to the Town of਍ഀ Vail Community Development Department a plan to mitigate and otherwise rectify the਍ഀ existing conditions of the Rucksack commercial space. Such plan shall be਍ഀ implemented within forty-eight (48) hours of any such final approval by the Planning਍ഀ and Environmental Commission and shall specify the means of providing screening or਍ഀ Page 5਍ഀ James Olhson, architect with Fritzlen Pierce Architects, provided details about the trash਍ഀ enclosure details at the rear of the building.਍ഀ Commissioner Kjesbo affirmed that the proposal will be reviewed by the Design Review Board.਍ഀ Jay Peterson clarified that Joe's Deli will continue to use its current enclosure and the new retail਍ഀ and residential will use the rear trash enclosure.਍ഀ Commissioner Kurz noted concerns about the employee housing calculations. He noted that the਍ഀ trash enclosure will be subject to design review. He also note concerns about the present਍ഀ appearance of the building.਍ഀ Commissioner Gunion had no additional comment.਍ഀ Commissioner Tjossem clarified that the neighboring A&D Building blocks the proposed਍ഀ Rucksack Building's impact to the adopted view corridor.਍ഀ Commissioner Viele noted that his question regarding the view corridor has been satisfied by਍ഀ Staff responding that the neighboring building blocks any affects of this proposal on the adopted਍ഀ corridor. The trash enclosure will be addressed by DRB. While he encourages the applicant to਍ഀ improve the appearance of the present building, but does not agree with requiring the applicant਍ഀ to provide displays for other businesses. He noted that the view may be blocked from the਍ഀ neighbor's windows, but the building complies with the height limits and both building are allowed਍ഀ to be located on the lot lines.਍ഀ 30 minutes਍ഀ 7. A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7,਍ഀ Amendment, Vail Town Code, for a prescribed regulations amendment to Chapters 12-23,਍ഀ Commercial Linkage and 12-24, Inclusionary Zoning, Vail Town Code, to establish standards਍ഀ and criteria related to mitigating employee housing requirements, and setting forth details in਍ഀ regard thereto. (PEC070075)਍ഀ Applicant: Town of Vail਍ഀ Staff/Planner: Nina Timm and Bill Gibson਍ഀ ACTION: Table to January 28, 2008਍ഀ MOTION: Kjesbo SECOND: Gunion VOTE: 6-0-0਍ഀ Bill Gibson presented an overview of the proposal and the Staff memorandum.਍ഀ Several Commissioners asked questions regarding the applicability of the proposed਍ഀ amendments and the definition of demo/rebuild.਍ഀ Jim Lamont, representing the Vail Village Homeowners Association, reiterated some of the਍ഀ history of Ordinances No. 7 and 8, series of 2007. He used the example of the Fogata਍ഀ development to describe that the proposed amendments would require 50% on-site. He further਍ഀ asked if the PEC and Council could waive the 50% on-site.਍ഀ Bill Gibson described that a variance would need to be requested and approved in order to not਍ഀ be required to place 50% on-site.਍ഀ Dominic Mauriello of the Mauriello Planning Group, LLC, representing no-one in particular,਍ഀ provided a letter describing his concerns. He pointed out that this is a major change to the਍ഀ Ordinances and he feels that a significant public process needs to occur. He believes additional਍ഀ meetings are needed to obtain input from developers and other stake holders. Mr. Mauriello,਍ഀ Page 7਍ഀ other window covering, treatment or concealment on all windows with visibility from,਍ഀ and/or frontage on Bridge Street for the purpose of concealing any and all unsightly਍ഀ construction activity occurring within the commercial space located at 288 Bridge਍ഀ Street.਍ഀ Commissioner Pierce recused himself as his firm is the architect on the project.਍ഀ Scot Hunn gave a presentation per the staff memorandum. He highlighted the changes made਍ഀ since the last review of the project. The primary change was the incorporation of the Scott਍ഀ Building and a new dwelling unit. He noted that any motion requiring an employee housing fee਍ഀ and traffic impact fee reference the applicable sections of the Town Code, rather than a specific਍ഀ dollar amount.਍ഀ Jay Peterson, applicant's representative, agreed with Staff's recommendation to modify the਍ഀ conditions. Jay Peterson also noted that the applicant has begun screening the store windows.਍ഀ Ron Carlson, representing 286 Bridge Street, noted their concerns about the roof being raised by਍ഀ four feet. He believes this will block light and air to his client's windows. He also believes this਍ഀ will negatively impact his client's views. He noted concerns about how the sun/shade analysis਍ഀ affected his client's property.਍ഀ Commissioner Kjesbo clarified that the overall roof height changes, but it is within the allowable਍ഀ height. Scot Hunn confirmed.਍ഀ Commissioner Viele questioned if there are any adopted view corridors. Scot Hunn referred to਍ഀ the attachments within the Staff memorandum.਍ഀ Mr. Carlson proposed additional study be done to determine if the proposed addition is located਍ഀ within the view corridor.਍ഀ Kaye Ferry, Vail Chamber, referenced condition number 9 and noted that the Chamber has਍ഀ previously asked the owner to allow displays to be placed in the storefront windows. She਍ഀ recommended something be placed in those store windows to make the building and the Town਍ഀ appear attractive. She does not believe the present solution is acceptable, and the applicant਍ഀ should be required to do something decorative with the windows.਍ഀ Ross Davis, representing the Mill Creek Court Association, noted that their concerns were਍ഀ addressed by the acquisition of the Scott Building. They have concerns about any future use of਍ഀ the building for a bar or restaurant. He also noted concern about the proposed trash removal.਍ഀ Jim Lamont, Vail Village Home Owners Association, questioned the review process for trash਍ഀ removal. His clients were comfortable with the idea of trash removal from the rear of the਍ഀ building, but greater detail is required. He also asked for clarification about circulation at the rear਍ഀ of the building.਍ഀ Jay Peterson, representing the applicant, noted that there is no adopted view corridor affecting਍ഀ the neighbor and the proposal does not block all light and air to the neighbor's windows. He਍ഀ noted that the neighboring A&D Building defines the view corridor, not the subject building. He਍ഀ noted that the A&D encroaches upon the Scott Building site. He further noted that Kaye Ferry's਍ഀ group made no financial offer to the applicants for use of their property. The applicant has਍ഀ concerns about insurance, liability, and construction activities and chose not to allow displays਍ഀ within the windows.਍ഀ Page 6਍ഀ