HomeMy WebLinkAboutPEC070069Planning and Environmental Commisson
ACTION FORM
Department of Community Development
TOWN ' 75 South Frontage Road, Vail, Colorado 61657
tel: 970.479.2139 fax: 970.479.2452
()0Mr WYCEVELC7PUM web: www.vailgov.com
Project Name: SC MOUNTAIN TOP EXEMPTION PL PEC Number: PEC070069
Project Description:
Participants:
FINAL APPROVAL FOR AN EXEMPTION PLAT REVIEW FOR THE RECONFIGURING OF THE
BUILDING ENVELOPE FOR THE SC MOUNTAIN TOP LLC NEW SFR
OWNER SC MOUNTAIN TOP LLC
485 MADISON AVE 24 FL
NEW YORK
NY 10022
APPLICANT BERGLUND ARCHITECTS
PO BOX 2378
EDWARDS
CO 81632
License: 0000002069
ARCHITECT BERGLUND ARCHITECTS
PO BOX 2378
EDWARDS
CO 81632
License: 0000002069
11/12/2007
11/12/2007 Phone: 970-926-4301
11/12/2007 Phone: 970-926-4301
Project Address: 1326 SPRADDLE CREEK DR VAIL Location: 1326 SPRADDLE CREEK
Legal Description: Lot: 14 Block: Subdivision: SPRADDLE CREEK ESTATES
Parcel Number: 2101-053-0101-3
Comments:
BOARD/STAFF ACTION
Motion By: Action: WITHDRWN
Second By:
Vote: Date of Approval:
Conditions:
Cond: 8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond:300
(PLAN): PEC approval shall not be not become valid for 20 days following the date of
approval.
Planner: Nicole Peterson PEC Fee Paid: $650.00
• W IPlanning and Environmental Commission-
r Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
1
te1:970.479.2128 fax: 970.479.2452
web: www.vailgov.com
General Information:
All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a
building permit application. Please refer to the submittal requirements for the particular approval that is requested.
An application for Planning and Environmental Commission review cannot be accepted until all required information
is received by the Community Development Department. The project may also need to be reviewed by the Town
Council and/or the Design Review Board.
Type of Application and Fee:
❑ Rezoning ' $1300 ❑ . Conditional Use Permit $650
❑ Major Subdivision $1500 ❑ Floodplain Modification $400
A Minor Subdivision $650 ❑ Minor Exterior Alteration $650
4K Exemption Plat $650 ❑ Major Exterior Alteration $800
❑ Minor Amendment to an SDD $1000 ❑ Development Plan $1500
❑ New Special=Development District $6000 ❑ Amendment to a Development Plan $250
Major Amendment to an SDD $6000 ❑ Zoning Code Amendment $1300
Major Amendment to an SDD $1250 ❑ Variance $500
(no exteriormodifrcadons) ❑ Sign Variance $200
Description of the Request: 111' igmyei6pe- get z S -1ui o
Pe-ool,__J e, 100e S 15.4 2A S EXi 5'M >=nutloyc i S 15,6 SF
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Location of the Proposal: Lot: 14 Block: Subdivision SpraddW. Crezl< s S
4~PLE
Physical Address: I SZ(ro Sf!R34
Parcel No.: 2161 - O 53 -61611 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) .
Zoning: 'C11 9,m0&y4a1 lak4rrA ScraA~L CCCei1C
Name(s) of Owner(s): SC Meer. a►~. Toc 1tL ezn Ron oehl % TLM R,e@A!bj 4WP.
2 10022-
Mailing Address: H8
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Owner(s) Signatdre(s):
Name of Applicant:
Mailing Address: 2978.
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E-mail Address: han-se he~aluc~dafch~~e~s ax 9 7a- ica L4 3& n 12 2CON ~ i
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TOWN VAIN
For Officese Only: ' Z r U(~
Fee Paid: Check No.: z By
Meeting Date: ts l~ 7 PEC No
Planner: Project No.:
F:\cdev\FORMS\Permits\Planning\PEC\variance.doc Page 1 of 6 1/4/06
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TOWN OF VAIL, COLORADO Statement
Statement Number: R070002502 Amount: $650.00 11/12/200703:02 PM
Payment Method: Check Init: JS
Notation: 2224/BERGLUND
ARCHITECTS
Permit No: PEC070069 Type: PEC -Exemption Plat
Parcel No: 2101-053-0101-3
Site Address: 1326 SPRADDLE CREEK DR VAIL
Location: 1326 SPRADDLE CREEK
Total Fees: $650.00
This Payment: $650.00 Total ALL Pmts: $650.00
Balance: $0.00
ACCOUNT ITEM LIST:
Account Code Description Current Pmts
PV 00100003112500 PEC APPLICATION FEES 650.00
1w
BERGLUND Architects, LLC TRANSMITTAL
DATE November 12, 2007
TO Town of Vail Planning Department
Department of Community Development
75 South Frontage Road
Vail, CO 81657
970.479.2128
970.479.2452 Fax
FROM Hans Berglund
RE Lot 14 Spraddle Creek, 1326 Spraddle Creek Road, Vail
Variance Application for Review by the Planning and Environmental
Commission - Submittal date 11-12-07
VIA Hand Delivery
ENCLOSED (1) Complete application with copy of tile report including schedules A and B;
stamped addressed envelopes and a lit of owners adjacent to the
property; and a written statement describing the request and reasons the
revised building envelope will be more compatible with surrounding
properties than the existing envelope
An application fee of $650.00
(4) Sets of the original 24x36 stamped survey drawing
(3) Sets of the 24x36 proposed building envelope plat drawing
(3) Sets of additional information 24x36 drawings showing proposed
architectural design
(15) sets of 8.5 x11 reduced copies of the original stamped survey, proposed
building envelope plat and the additional information drawings of proposed
architectural design
COMMENTS We are submitting a variance application to the Planning and Environmental
Commission for a minor subdivision for a building envelope change for the
December 10th meeting. The proposed envelope is the same size as the
existing envelope but is proposed moved to the west and reconfigured into a
more east west orientation to better work with the site topography. We have
submitted for conceptual design review prior to the building envelope review
so make sure the DRB is comfortable with the proposed design and house
location. The house footprint, existing envelope and proposed envelope have
all been staked on the site.
Concurrently, we are submitting for Town of Vail conceptual review for the
December 5th review meeting. We have also submitted to the Spraddle
Creek Architectural Control Committee. We have submitted for conceptual
design review prior to the building envelope review to make sure the DRB is
comfortable with the proposed design and house location.
We have registered the project with the LEED residential pilot program. We
are proposing a concealed hot water solar system under the copper roofing as
well as some PV solar on the 4/12 shed roofs over the kitchen, the master
bath and upper level meditation room.
Please call if you have any questions or if you need any additional
information. Thank you very much.
Hans Berglund
P.O. Box 2378, Edwards, CO 81632
Tel: 970 926-4301 fax: 970 926-4364
BERGLUND Architects, LLC
Description of the Proposed Lot 14 Building Envelope Change
The owner of Lot 14 at Spraddle Creek Estates is proposing to move and reconfigure the existing
building envelope. The property is undeveloped and the size of the envelope is not being changed.
The existing building envelope is an approximate hexagon shape with uneven lengths and angles. It
is approximately 150 feet in the southeast to northwest direction and 160 feet in the northeast to
southwest direction. The existing envelope is located approximately 20 feet from the southeast
property line bordering lot 15, 18.5 feet from the northeast property line bordering lot 12,
approximately 73 feet at its closest point from the R.O.W. for Spraddle Creek Road bordering the
southwest of the property and approximately 850 feet from the northwest property line.
The southeast edge of the proposed envelope has moved approximately 30 to 45 feet to the
northwest, so that the distance to the southeast property line bordering lot 15 is approximately 53 feet
at the closest point and 80 feet at its farthest point. The northeast edge of the proposed envelope
has moved approximately 16 feet to the southwest, so that the distance to the northeast property line
bordering lot 12 is approximately 35 feet at the closest point. The southwest edge of the proposed
envelope has moved approximately 28 feet to the northeast, so that the distance from the R.O.W. for
Spraddle Creek Road bordering the southwest of the property is approximately 100 feet at the closest
point. The northwest edge of the envelope has moved approximately 120 feet to the northwest, but
the distance to the northwest property line is still a significant distance of approximately 730 feet.
For reference, the north edge of the building envelope at lot 7 is approximately 180 feet to the south
and 50 feet lower in elevation than the southern edge of the proposed lot 14 envelope. The
northeast edge of the building envelope at lot 6 is approximately 280 feet to the southwest and 125
feet lower in elevation than the southwest edge of the proposed lot 14 envelope and the northeast
edge of the building envelope at lot 5 is approximately 320 feet to the west and 125 feet lower in
elevation than the western edge of the proposed lot 14 envelope.
Reasons for the Lot 14 Building Envelope Change per the Goals of the Spraddle Creek Design
Guidelines and the Town of Vail Code
The proposed Lot 14 building envelope change promotes harmony, reduces impact to views from
adjacent homes and allows for an overall better design with less impacts to other properties than if
the house was built within the existing envelope. Many of the site and architectural design principles
of the home that are derived from the Spraddle Creek Design Guidelines, as outlined below, would
not be as successful, and some of them would not be possible, without the proposed building
envelope change.
Moving the building envelope on Lot 14 to the northwest and reconfiguring it to a more
rectangular east-west orientation increases the separation between the building envelope and
the adjacent homes to the northeast, east and south. It also allows the existing aspen grove at
the east and southeast areas of the site to remain more intact. This proposed envelope
change supports the Spraddle Creek Guidelines' intent to create privacy between homes,
preserve view corridors for adjacent homes, preserve the natural land features and integrate
homes into the natural surroundings. On page one, the Spraddle Creek Guidelines state, "The
Residential Design Regulations are established to ensure that certain criteria and design
disciplines will be in effect which will cause the development of the community to grow in as an
integrated and compatible manner as possible... and to promote value, quality and harmony
with all the development at Spraddle Creek." On page four of the Guidelines, the building
envelope section states, "the purpose of the envelope is to... help ensure that structures blend
in with the natural landscape rather than dominate it". Further, the building sitting section
states, " No structure may be placed on its site in a manner that substantially impairs the view
from any other lot".
• This more east-west oriented building envelope also allows the house design to better respond
to natural land forms by orienting parallel with the topography. This new orientation creates a
Page 1 of 3
P.O. Box 2378, Edwards, CO 81632
Tel: 970 926-4301 fax: 970 926-4364
Lot 14 Spraddle Creek Estates, Reasons for Building Envelope Adjustment
Produced by Berglund Architects, 11-12-07
simple central rectangular massing with simple additive bedroom and caretaker wings thus
reducing the scale of the home. The scale and form section of the Guidelines states on page
13, "generally, residential buildings within Spraddle Creek should be based upon a central
rectilinear massing with simple forms added to create scale, and to allow for the integration of
the building with site's natural characteristics." Further, on page 4, the building sitting section
states, "Buildings forms and massing shall respond to the site characteristics of slope and
topography".
The building envelope change does not alter the intent of the Town of Vail Title 13 Subdivision
Regulations Goals, "which is to protect the environment and in general to assist the orderly,
efficient and integrated development of the Town." (13-1-2: Purpose) Nor does it change the
parameters of the Spraddle Creek subdivision, since the proposed building envelope and site
coverage size remain unchanged. The developed portion of the lot is also still within the
developed area of the subdivision, since it is above the area of the existing large retaining wall
for the road switchback below. As viewed from below, the valley floor or on the mountain, the
proposed envelope is still in the general central area of the Spraddle Creek development with
homes below on Lots 3, 4 and 5 extending significantly farther to the west. The home on Lot 5
extends approximately 500 feet farther to the west. The proposed envelope change does not
have a more negative effect on the surrounding environment since there is still a very
significant separation of approximately 730 feet between the edge of proposed envelope and
the adjacent property to the west and approximately 200 feet to the forest service land to the
north.
Moving the envelope to the northwest allows vehicular access on the flatter portion of site to
more closely follow grade, minimizing grading and increasing the distance and tree buffer
between homes. This aligns with the Town of Vail Title 13 Subdivision Regulations Goals 13-1-
2: Specific Purposes which aims to "protect and conserve the value of buildings and
improvements on the land" and "to achieve a harmonious, convenient, workable relationship
among land uses, consistent with Town development objectives". The minimized grading and
increased distance and tree buffer between the homes will create a more harmonious and
workable relationship between the homes.
The more rectangular east-west envelope allows the house to orient parallel to the topography
to reduce grading and take better advantage of solar orientation. It is proposed that the home
will utilize a concealed hot water solar system throughout much of the east, south and west
sloped roofs with some photovoltaic solar panels on the generally non-visible 4/12 sloped roofs
over the kitchen and master wing. The Spraddle Creek Guidelines promote the use of passive
and active solar design. The revised envelope creates a more linear massing per the
guidelines which state on page 11 that "Building layout and massing should embrace the
predominantly expansive views towards Vail Mountain and the warm southern exposure".
The more rectangular east-west envelope creates an overall lower massing that is oriented with
the topography so that the house is predominantly two stories with nearly the entire north wall
of the home below grade. This allows several areas of the roof to be covered with native
grasses, further minimizing mass and scale. This helps the design to follow the Spraddle
Creek Guidelines goal of having the house grow out of the site. On page 13, the scale and
form section of the Spraddle Creek Guidelines states, "the underlying rectilinear form should
have the visual impression of 'growing' out of the site. This impression can be reinforced by
following the natural contours of the site and portraying a strong, horizontally proportioned
massive base." It also allows the garage to be built sub-grade on three sides with an auto court
above the garage to minimize the visual impact of the garage and parking areas on the
adjacent lots.
Page 2 of 3
P.O. Box 2378, Edwards, CO 81632
Tel: 970 926-4301 fax: 970 926-4364
Lot 14 Spraddle Creek Estates, Reasons for Buildinq Envelope Adjustment
Produced by Berglund Architects, 11-12-07
With the proposed new envelope, grading outside of the envelope on the southern visible areas
of site is very minimal and integrated into the landscape design. Grading above the house on
the north side is for drainage purposes only and will be concealed by the house. Significant
new landscaping will be planted around house and enhanced native grasses will be planted on
any disturbed areas. Site walls outside of the envelope for the garage and driveway will comply
with the Guidelines' three foot maximum height requirement with a minimum of two feet
between walls.
The improvement of the solar orientation for passive and active solar as well as the improved
thermal performance by being buried into the hill on approximately 40% of the walls, due to the
proposed envelope change, allows the home to be much "Greener'. Combined with advanced
spray foam super insulation in the walls / roof assemblies and a proposed geothermal heating
and cooling system, the homes energy consumption will be substantially reduced compared to
a more conventional design. We have registered the project with the U.S. Green Building
Council LEED residential pilot program (Leadership in Energy and Environmental Design). We
have hired Active Energies of Avon to begin design of the solar systems and assist with the
LEED design. We have contracted with Colorado West Plumbing and Heating of Edwards
Colorado for geothermal design and a test well. The home could potentially be the first LEED
certified home in Vail.
• The more rectangular east-west building envelope also allows for increased privacy between
the required caretaker unit and the home. This creates a better quality of life for both the
caretaker and the homeowner. The building envelope change enhances design options so that
the caretaker unit can be above grade with great views, lots of light, private patio and still have
direct access to a private garage space below.
• There are many precedents of building envelope changes in Spraddle Creek, which
demonstrate that in many cases the original envelopes were not the best solution for the site
and home design. The previously approved building envelope changes have created better
homes and promoted harmony between neighbors.
If the building envelope is not adjusted, the home built on Lot 14 will have an overall greater impact to
the site and neighbors. In order to incorporate a similar amount of allowable GFRA into the existing
more concentrated envelope, the house will be predominantly three stories tall instead of two stories.
Much less of the house will be cut into the hill and none of the roof will likely be buried, further
increasing its visual impact. The house will not have nearly as good of a solar orientation and will not
be able to utilize as much passive and active solar design. Due to a much less of a "Green" design
potential, the home may not be able to achieve LEED certification. The landscape buffer between the
adjacent homes will be significantly reduced since much of the existing aspen grove will be eliminated
at the east and southeast portion of the lot. The closer proximity to the neighbors combined with the
added height of the house will significantly impact the views and privacy of the adjacent homes.
Overall, the resulting design would be less successful and harmonious for the neighbors.
Page 3 of 3
P.O. Box 2378, Edwards, CO 81632
Tel: 970 926-4301 fax: 970 926-4364
BERGLUND Architects, LLC
Lot 14 at Spraddle Creek - Design Principles
The following is a summary of site and architectural design principles of the home that are derived
from the Spraddle Creek Design Guidelines. Many would not be as successful and some of them
would not be possible without the proposed building envelope change:
• The architecture of the home responds to natural land forms by orienting parallel with
topography and stepping with the site to minimize site grading. This follows the
recommendations of the building sitting section which states, "Buildings forms and massing
shall respond to the site characteristics of slope and topography'.
• The home's predominantly stone exterior, heavy timber detailing and brown patina copper
roofing is compatible with surrounding natural landscape colors and adjacent homes.
• Flatter areas of the site are used for vehicular access to minimize necessary grading.
Additionally, the visual impact of the garage and parking areas are reduced by creating a
guest auto court over a buried garage.
• The design of the home follows the recommendations of the scale and form section of the
Guidelines which states on page 13, "generally, residential buildings within Spraddle Creek
should be based upon a central rectilinear massing with simple forms added to create
scale, and to allow for the integration of the building with site's natural characteristics."
• The home is oriented with the topography so that it is predominantly two stories with nearly
the entire north wall of the home below grade. This allows several areas of the roof to be
covered with native grasses, and the garage to be buried on 3 sides. This helps the
design to follow the Spraddle Creek Guidelines goal of having the house grow out of the
site.
• The house's windows and outdoor spaces are concentrated on the southern exposure in
response to the Guidelines' section that states on page 11, "Windows and doors on south
facing exposures should promote interaction of indoor and outdoor spaces through use of
large window openings to decks, balconies and courtyards" and again on page 11 that
"Building layout and massing should embrace the predominantly expansive views towards
Vail Mountain and the warm southern exposure".
• The house's predominant gable roof forms with 9/12 slope roofs with large overhangs of
between 2 to 4 feet with secondary sheds roofs and dormers at 4/12 slope meet the
guidelines roof slope and overhang requirements.
• The brown patina copper roof meets the Guideline's goal of having natural materials with
predominantly brown tones.
• The home's design follows the Guidelines' goals of straightforward construction techniques
with expression of structure, great attention to detail, substantial timber detailing and sense
of permanence through durable natural materials.
• Grading outside of the envelope on the southern areas of the site is very minimal and
integrated into the landscape design. Grading above the house on the north side is for
drainage purposes only and will be concealed by the house. Significant new landscaping
will be planted around house and enhanced native grasses will be planted at any disturbed
areas. Site walls outside of the envelope for the garage and driveway will comply with
Guidelines' three foot maximum height with a minimum of two feet between walls.
Page 1 of 1
P.O. Box 2378, Edwards, CO 81632
Tel: 970 926-4301 fax: 970 926-4364
61
TV WN 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 December 10, 2007, at 1:00 pm in the Town of Vail Municipal Building, in
consideration of:
A request for a final review of a variance, from Section 12-713-13, Density Control, Vail
Town Code, pursuant to Chapter 12-17, Variances; and a request for a final review of a
conditional use permit, pursuant to Chapter 12-16, Conditional Use Permits, Vail Town
Code; to allow for the conversion of two existing Type III Employee Housing Units into
additional gross residential floor area for an existing dwelling unit, located at 201 Gore
Creek Drive (Bell Tower Building)/Part of Tract A, Block 5B, Vail Village Filing 1, and
setting forth details in regard thereto. (PEC07-0067)
Applicant: Dean MacFarlan, represented by VAG, Inc., Architects & Planners
Planner: Bill Gibson
A request for a final review of an amended final plat, pursuant to Chapter 13-12,
Exemption Plat Review Procedures, Vail Town Code, to amend a platted building
envelope, located at 1326 Spraddle Creek Road/Lot 14, Spraddle Creek Estates, and
setting forth details in regard thereto. (PEC07-0069)
Applicant: Ron Oehl, represented by Berglund Architects
Planner: Nicole Peterson
A request for a final review of a conditional use permit, pursuant to Chapter 12-16,
Conditional Uses, to allow for the temporary use of the tennis facility for conferences and
conventions, located at 1300 Westhaven Drive (Vail Cascade)/Special Development
District No. 4, Cascade Village, Area A, and setting forth details in regard thereto. (PEC07-
0068)
Applicant: Vail Cascade Resort and Spa, represented by Don MacLachlan
Planner: Bill Gibson
A request for a final recommendation to the Vail Town Council for a prescribed regulations
amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Chapter 14-10,
Design Review Standards and Guidelines, Vail Town Code, in order to amend the wildfire
roofing regulations requiring Class A roof assemblies or Class A roof materials in the Town
of Vail, and setting forth details in regard thereto. (PEC07-0071)
Applicant: Town of Vail
Planner: Rachel Friede
A request for a final recommendation to the Vail Town Council on a proposed major
amendment to a Special Development District, pursuant to Section 12-9A-10, Amendment
Procedures, Vail Town Code, to allow for an amendment to Special Development District
No. 38, Manor Vail, to allow for a change in the number of dwelling units, located at 595
Vail Valley Drive (Manor Vail Condominiums)/Lots A, B, & C, Vail Village Filing 7, and
setting forth details in regard thereto. (PEC07-0072)
Applicant: Manor Vail Condominium Association, represented by Zehren & Associates
Planner: Warren Campbell
Page 1
A request for a final recommendation to the Vail Town Council for a text amendment,
pursuant to Section 12-3-7, Amendment, Vail Town Code, to Section 12-2-2, Definitions,
and Sub-Sections 12-7B-2A, Definitions (basement or garden level); 12-7B-3A, Definitions
(first-floor or street level); 12-7H-2A, Definitions (basement or garden level); 12-7H-3A,
Definitions (first-floor or street level); 12-71-2A, Definitions (basement or garden level); 12-
7K-3A, Definitions (first-floor or street level), Vail Town Code, to allow for amendments to
the definitions of "Basement or Garden Level" and "First Floor or Street Level," and setting
forth details in regard thereto. (PEC07-0070)
Applicant: Town of Vail
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.
Published November 23, 2007, in the Vail Daily.
Page 2
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Application for a Minor Subdivision Review
Submittal Requirements
GENERAL INFORMATION
This application is for a request to subdivide not more than four (4) lots fronting on an existing street,
not involving any new street or road or the extension of Municipal facilities and not adversely affecting
the development of the remainder of the parcel or adjoining property.
1. SUBMITTAL REQUIREMENTS
%d Application Fee: $650.00 - required when the application is submitted to the Community
Development Department.
❑ Recording Fee: $10/mylar plus $5/page (covenants or restrictions to be filed with the plat); a
check, written out to the Eagle County Clerk and Recorder, is required to be submitted once the plat
has been approved by the Planning and Environmental Commission and prior to the recording of the
plat
V Stamped, addressed envelopes and a list of the property owners adjacent to the subject
property, including properties behind and across streets. The list of property owners shall include
the owners' name(s), corresponding mailing address, and the physical address and legal description
of the property owned by each. The applicant is responsible for correct names and mailing addresses.
This information is available from the Eagle County Assessor's office.
V Title Report, including Schedules A & B.
❑ Written approval from a condominium association, landlord, and joint owner, if applicable. n0.
A written statement describing the precise nature of the request, including the existing and
proposed conditions and how the proposal will make the subdivision more compatible with other
properties in the vicinity. 1
❑ An Environmental Impact Report (as required by the Administrator) NOI C45' Pe4- P"L4PPI'CdA11n tAn1~c,
❑ A site specific Hazard Report (as required by the Administrator) h/q
V Stamped Topographic Survey (Four complete sets of plans).
3/ Three (3) copies of the Proposed Plat (the requirements of the final plat are indicated below)
All plans must also be submitted in 8.5" x 11" reduced format. These are required for the.
Planning and Environmental Commission members' information packets.
❑ Additional Material: The Administrator and/or PEC may require the submission of additional plans,
drawings, specifications, samples and other materials if deemed necessary to properly evaluate the
proposal.
II. DETAILED SUBMITTAL REQUIREMENTS
Topographic survey:
❑ Wet stamp and signature of a licensed surveyor
F:\cdev\FORMS\Permits\Planning\PEC\minor_sub_review10-18-2006.doc Page 3 of 6 1/4/06
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❑ Date of survey
❑ North arrow and graphic bar scale
❑ Scale of 1"=10' or 1"=20~
❑ Legal description and physical address
❑ Lot size and buildable area (buildable area excludes red hazard avalanche, slopes greater than 40%,
and floodplain)
❑ Ties to existing benchmark, either USGS landmark or sewer invert. This information must be clearly
stated on the survey
❑ Property boundaries to the nearest hundredth (.01) of a foot accuracy. Distances and bearings and a
basis of bearing must be shown. Show existing pins or monuments found and their relationship to
the established corner.
❑ Show right of way and property lines; including bearings, distances and curve information.
❑ Indicate all easements identified on the subdivision plat and recorded against the property as
indicated in the title report. List any easement restrictions.
❑ Spot Elevations at the edge of asphalt, along the street frontage of the property at twenty-five foot
intervals (25'), and a minimum of one spot elevations on either side of the lot.
❑ Topographic conditions at two foot contour intervals
❑ Existing trees or groups of trees having trunks with diameters of 4" or more, as measured from a
point one foot above grade.
❑ Rock outcroppings and other significant natural features (large boulders, intermittent streams, etc.).
❑ All existing improvements (including foundation walls, roof overhangs, building overhangs, etc.).
❑ Environmental Hazards (ie. rockfall, debris flow, avalanche, wetlands, floodplain, soils)
❑ Watercourse setbacks, if applicable (show centerline and edge of stream or creek in addition to the
required stream or creak setback)
❑ Show all utility meter locations, including any pedestals on site or in the right-of-way adjacent to the
site. Exact location of existing utility sources and proposed service lines from their source to the
structure. Utilities to include:
Cable TV Sewer Gas
Telephone Water Electric
❑ Size and type of drainage culverts, swales, etc.
❑ Adjacent roadways labeled and edge of asphalt for both sides of the roadway shown for a minimum
of 250' in either direction from property.
PRE-APPLICATION CONFERENCE
A pre-application conference with a planning staff member is strongly encouraged. No application will be
accepted unless it is complete. It is the applicant's responsibility to make an appointment with the staff
to determine submittal requirements.
TIME REQUIREMENTS
The Planning and Environmental Commission meets on the 2nd and 4th Mondays of each month. A
complete application form and all accompanying material (as described above) must be accepted by the
Community Development Department by the appropriate submittal date, which is a minimum of four (4)
weeks prior to the date of the PEC public hearing.
REVIEW PROCEDURE
The proposed plat shall be reviewed by members of the Town's Development Review Team that includes
representation by the Public Works, Community Development, and Fire Departments. Comments and
concerns of these departments will be forwarded to the PEC prior to the public hearing.
FINAL PLAT REQUIREMENTS
F:\cdev\FORMS\Permits\Planning\PECVninor_sub_review10-18-2006.doc Page 4 of 6 1/4/06
After the Planning and Environmental Commission has approved the subdivision, the applicant must
submit two (2) molar copies of the final plat to the Department of Community Development. The final
plat must contain the following information:
1. The final plat shall be drawn in India ink, or other substantial solution, on mylar, with dimension of
twenty-four by thirty-six inches and shall be at a scale of one hundred feet to one inch or larger with
margins of one and one-half to two inches on the left and one-half inch on all other sides.
2. Accurate dimensions to the nearest one-hundredth of a foot for all lines, angles and curves used to
describe boundaries, streets, setbacks, alleys, easements, structures, areas to be reserved or
dedicated for public or common uses and other important features. All curves shall be circular arcs
and shall be defined by the radius, central angle, arc chord distances and bearings. All dimensions,
both linear and angular, are to be determined by an accurate control survey in the field which must
balance and close within a limit of one in ten thousand.
3. North arrow and graphic scale.
4. A systematic identification of all existing and proposed buildings, units, lots, blocks, and names for all
streets.
5. Names of all adjoining subdivisions with dotted lines of abutting lots. If adjoining land is unplatted, it
shall be shown as such.
6. An identification of the streets, alleys, parks, and other public areas or facilities as shown on the plat,
and a dedication thereof to the public use. An identification of the easements as shown on the plat
and a grant thereof to the public use. Areas reserved for future public acquisition shall also be
shown on the plat.
7. A written survey description of the area including the total acreage to the nearest appropriate
significant figure. The acreage of each lot or parcel shall be shown in this manner, as well.
8. A description of all survey monuments, both found and set, which mark the boundaries of the
subdivision, and a description of all monuments used in conducting the survey. Monument perimeter
per Colorado statutes. Two perimeter monuments shall be established as major control monuments,
the materials which shall be determined by the Town Engineer.
9. A statement by the land surveyor explaining how bearing base was determined.
10. A certificate by the registered land surveyor as outlined in Title 13, Chapter 11 of the Town Code as
to the accuracy of the survey and plat, and that the survey was performed by the surveyor in
accordance with Colorado Revised Statutes 1973, Title 38, Article 51.
11. A certificate by an attorney admitted to practice in the State of Colorado, or corporate title insurer,
that the owner(s) of record dedicating to the public the public right-of-way, areas or facilities as
shown thereon are the owners thereof in fee simple, free and clear of all liens and encumbrances
except as noted. (See Title 13, Chapter 11)
12. The proper form for approval of the plat by the PEC chairman and acceptance of dedication and
easements by the council with signature by the mayor and attestation by the Town Clerk. Examples
are found in (See Title 13, Chapter 11)
13. The proper form for filing of the plat with the Eagle County Clerk and Recorder as per example in
(See Title 13, Chapter 11)
14. Certificate of dedication and ownership per (See Title 13, Chapter 11). Should the certificate of
dedication and ownership provide for a dedication of land or improvements to the public, all
beneficiaries of deeds of trust and mortgage holders on said real property will be required to sign the
certificate of dedication and ownership in addition to the fee simple owner thereof.
15. All current taxes must be paid prior to the Town's approval of the plat. This includes taxes which
have been billed but are not yet due. The certificate of taxes paid must be signed on the plat or a
F:\cdev\FORMS\Permits\Planning\PEC\minor_sub_review10-18-2006.doc Page 5 of 6 1/4/06
statement from the Eagle County Assessor's Office must be provided with the submittal information
stating that all taxes have been paid.
16. Additional material which shall accompany the final plat includes, but is not limited to:
a) Complete and final Environmental Impact Report if required by the zoning ordinance;
b) Complete engineering plans and specifications for all improvements to be installed, including but
not limited to water and sewer utilities, streets and related improvements, pedestrian and bicycle
paths, bridges and storm drainage improvements;
c) Maps at the same scale as the final plat showing existing topography and proposed grading plan
(contour interval requirements same as preliminary plan), a landscape and or revegetation plan
showing locations, type and sizes of existing and proposed vegetation.
d) A map the same scale as the final plat depicting all high and moderate avalanche hazard areas,
forty percent and high slope areas and one hundred year floodplain areas as defined in the
hazard ordinance of the Vail Municipal Code;
e) Title insurance company proof of ownership of all lands within the proposal;
f) Copies of any monument records required of the land surveyor in accordance with Colorado
Revised Statutes 1973, Title 38, Article 53;
g) Any agreements with utility companies when required;
h) Protective covenants in form for recording;
i) Other data, certificates, affidavits, or documents as may be required by the Administrator or PEC
or Council in the enforcement of these regulations.
ADDITIONAL REVIEW AND FEES
If this application requires separate review by any local, State or Federal agency other than the Town of
Vail, the application fee shall be increased by $200.00. Examples of such review, may include, but are
not limited to: Colorado Department of Highway Access Permits, Army Corps of Engineers 404, etc.
The applicant shall be responsible for paying any publishing fees which are in excess of 50% of the
application fee. If, at the applicant's request, any matter is postponed for hearing, causing the matter to
be re-published, then the entire fee for such re-publication shall be paid by the applicant.
Applications deemed by the Community Development Department to have design, land use or other
issues which may have a significant impact on the community may require review by consultants in
addition to Town staff. Should a determination be made by the Town staff that an outside consultant is
needed, the Community Development Department may hire the consultant. The Department shall
estimate the amount of money necessary to pay the consultant and this amount shall be forwarded to
the Town by the applicant at the time of filing an application.
Expenses incurred by the Town in excess of the amount forwarded by the applicant shall be paid to the
Town by the applicant within 30 days of notification by the Town. Any excess funds will be returned to
the applicant upon review completion.
Please hole that oirly complete applicatiolrs will he accepted All of the required ilrformaliofr must he
submitted«r orderforthe applrcaliols to he deemedcomplete.
F:\cdev\FORMS\Permits\Planning\PEC\minor_sub_reviewl0-18-2006.doc Page 6 of 6 1/4/06
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List of Property Owners Adjacent to Lot 14, Spraddle Creek Estates
Produced by Berglund Architects LLC 11-2-07
Page 1 of 3, See enclosed map for location
R040097
Parcel Number:
210105301006
Tax Area:
SC103
Mill Levy:
49.6250
Owner Name/Address: RAYMOND, LEE & CHARLENE B.
4642 MEADOWOOD RD
DALLAS, TX 75220
Legal Description:
SUB:SPRADDLE CREEK ESTATES LOT:6
BK-0610 PG-0213 MAP 05-28-93
BK-0610 PG-0214 DEC 04-09-93
Physical Address:
001067 RIVA GLEN VAIL AREA
Acres:
1.88
Account Number:
R040098
Parcel Number:
210105301007
Tax Area:
SC103
Mill Levy:
49.6250
Owner Name/Address: TANG, OSCAR
600 5TH AVE
NEW YORK, NY 10020
Legal Description:
SUB:SPRADDLE CREEK ESTATES LOT:7
BK-0610 PG-0213 MAP 05-28-93
BK-0610 PG-0214 DEC 04-09-93
Physical Address:
001179 SPRADDLE CREEK RD VAIL AREA
Acres:
1.01
Account Number: R040109
Parcel Number: 210105301018
Tax Area: SC 103
Mill Levy: 49.6250
Owner Name/Address: SPRADDLE CREEK ESTATES MAINTENANCE ASSOC
1221 BRICKELL AVE
MIAMI, FL 33131
Legal Description: SUB:SPRADDLE CREEK ESTATES DESC:
TRACT D-PRIVATE RD BK-0610 PG-0213
MAP 05-28-93 BK-0610 PG-0214 DEC
04-09-93 BK-0645 PG-0211 QCD
07-06-94
Physical Address: SPRADDLE CREEK RD VAIL AREA
Acres: 0
List of Property Owners Adjacent to Lot 14, Spraddle Creek Estates
Produced by Berglund Architects LLC 11-2-07
Page 2 of 3, See enclosed map for location
Account Number: R040107
Parcel Number: 210105301016
Tax Area: SC103
Mill Levy: 49.6250
Owner Name/Address: SPRADDLE CREEK ESTATES MAINTENANCE ASSOC
1221 BRICKELL AVE
MIAMI, FL 33131
Legal Description: SUB:SPRADDLE CREEK ESTATES DESC:
TRACT B OPEN SPACE BK-0610 PG-0213
MAP 05-28-93 BK-0610 PG-0214 DEC
04-09-93 BK-0645 PG-0211 QCD
07-06-94
Physical Address: SPRADDLE CREEK RD VAIL AREA
Acres: 0
Account Number:
R040103
Parcel Number:
210105301012
Tax Area:
SC103
Mill Levy:
49.6250
Owner Name/Address: ROSE F. GILLETT REVOCABLE TRUST
C/O ROSE F. GILLETT TRUSTEE
1315 SPRADDLE CREEK RD
VAIL, CO 81657
Legal Description:
SUB:SPRADDLE CREEK ESTATES LOT: 12
BK-0610 PG-0213 MAP 05-28-93
BK-0610 PG-0214 DEC 04-09-93
BK-0687 PG-0350 WD 12-28-95
R666120 MAP 08-14-98 R731385 WD
04-14-00 R732701 DEC 06-21-00
Physical Address:
001313 SPRADDLE CREEK RD VAIL AREA
Acres:
2.21
Account Number:
R040105
Parcel Number:
210105301014
Tax Area:
SC103
Mill Levy:
49.6250
Owner Name/Address: ESREY, WILLIAM T. & JULIE C.
1314 SPRADDLE CREEK RD
VAIL, CO 81657
Legal Description:
SUB:SPRADDLE CREEK ESTATES LOT: 15
DESC: 1 ST AMENDMENT BK-0610 PG-0213
MAP 05-28-93 BK-0610 PG-0214 DEC
04-09-93 BK-0618 PG-0664 MAP
BK-0686 PG-0038 QCD 01-12-96
R200724225 MAP 09-04-07
Physical Address:
001314 SPRADDLE CREEK RD VAIL AREA
Acres:
0.78
List of Property Owners Adjacent to Lot 14, Spraddle Creek Estates
Produced by Berglund Architects LLC 11-2-07
Page 3 of 3, See enclosed map for location
Account Number:
R040096
Parcel Number:
210105301005
Tax Area:
SC103
Mill Levy:
49.6250
Owner Name/Address: ERICKSON, RONALD A. & KRISTINE S.
5123 LAKE RIDGE RD
MINNEAPOLIS, MN 55436
Legal Description:
SUB:SPRADDLE CREEK ESTATES LOT:5
BK-0610 PG-0213 MAP 05-28-93
BK-0610 PG-0214 DEC 04-09-93
Physical Address:
001085 RIVA GLEN VAIL AREA
Acres:
1.40
Account Number:
R040095
Parcel Number:
210105301004
Tax Area:
SC103
Mill Levy:
49.6250
Owner Name/Address: W&B DEVELOPMENT LLC
C/O PATRICK J WELSH
7 SEA COURT
VERO BEACH, FL 32963
Legal Description:
SUB:SPRADDLE CREEK ESTATES LOTH
BK-0610 PG-0213 MAP 05-28-93
BK-0610 PG-0214 DEC 04-09-93
BK-0732 PG-0905 EAS 07-25-97
BK-0745 PG-0278 MAP 12-04-97
R774987 QCD 10-31-01 R818510 MAP
12-27-02
Physical Address:
001094 RIVA GLEN VAIL AREA
Acres:
1.96
Account Number:
Parcel Number:
Tax Area:
Mill Levy:
Owner Name/Adds
Legal Description:
Physical Address:
Acres:
R041115
210105300013
SC103
49.6250
ess: TOWN OF VAIL
75 S FRONTAGE RD
VAIL, CO 81657
SECT,TWN,RNG:5-5-80 DESC: PCLIN
SWI/4SW1/4 R848187 EAS 09-08-03
n/a
26.60
F/ I ~,d T@ First American Heritage
Title Company
Making Transactions Personal
Date: June 15, 2007
RE: Buyer/Borrower: To Be Determined
Seller(s): SC Mountain Top, LLC
Property Address: 1326 Spraddle Creek Rd Vail, CO 81657
Commitment Number: 615-HO172677-610-ETO
We would like to thank you for choosing First American Heritage Title Company for your title
insurance needs.
Schedule/Tax Parcel Number:
For all of your closing needs, your Escrow Officer is: Eagle Title Only: Please feel free to contact your
closer at: (970) 328-5211, fax: (970) 328-5252, email: titlevault@fahtco.com, P.O. Box 1980 0050
Chambers Ave. # I Eagle, CO 81631.
For all of your title and commitment needs, your Title Examiner is: Carl Barela. Please feel free to
contact your examiner at: (970) 328-5211, fax: (970) 328-5252, email: cbarela@fahtco.com, P.O. Box
1980 0050 Chambers Ave. # I Eagle, CO 81631.
Once again, thank you for your business, and please feel free to contact your Business Development
Representative for a log-in and password to TitleVault our new on-line transaction management program.
We look forward to serving all of your title needs.
Sincerely,
First American Heritage Title Company
~ I A POLICY-ISSUING AGENT OF FIRST AMERICAN
TITLE INSURANCE COMPANY
STANDARD
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
First American Heritage Title Company
AS AGENT FOR
First American Title Insurance Company
INFORMATION
The Title Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on
which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title,
subject to the limitations shown in the Policy.
The Company will give you a sample of the Policy form, if you ask.
The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction
may affect the Commitment and the Policy.
The Commitment is subject to its Requirements, Exceptions and Conditions.
THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. YOU SHOULD
READ THE COMMITMENT VERY CAREFULLY. IF YOU HAVE ANY QUESTIONS ABOUT THE
COMMITMENT PLEASE CONTACT THE ISSUING OFFICE.
AGREEMENT TO ISSUE POLICY
First American Title Insurance Company, referred to in this commitment as the Company, through its agent First
American Heritage Title Company, referred to in this Agreement as the Agent, agrees to issue a policy to you according to
the terms of this commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this
commitment becomes effective as of the Commitment Date shown in Schedule A.
If the Requirements shown in the Commitment have not been met within six months after the Commitment date, our
obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued
and then our obligation to you will be under the Policy.
Our obligation under this Commitment is limited by the following:
The Provisions in Schedule A. The Requirements in Schedule B-1.
The Exceptions in Schedule B-2. The Disclosures and Conditions contained in this
Commitment.
This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B attached.
First American Title Insurance Company
CSEPTEMBER By President By Secretary By Countersigned
CONDITIONS
1. DEFINITIONS
(a) "Mortgage" means mortgage, deed of trust or other security instrument.
(b) "Public Records" means title records that give constructive notice of matters affecting the title according to state law where the
land is located.
(c) "Land" means the land or condominium unit described in Schedule A and any improvements on the land which are real
property.
2. LATER DEFECTS
The Exceptions in Schedule B - Section 2 may be amended to show any defects, liens or encumbrances that appear for the first time in
public records or are created or attached between the Commitment Date and the date on which all of the Requirements of Schedule B -
Section I are met. We shall have no liability to you because of this amendment.
3. EXISTING DEFECTS
If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show
them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below
unless you knew of this information and did not tell us about it in writing.
4. LIMITATION OF OUR LIABILITY
Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any
liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by
your relying on this Commitment when you acted in good faith to:
■ comply with the Requirements shown in Schedule B - Section I or
• eliminate with our written consent any Exceptions shown in Schedule B - Section 2.
We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms
of the Policy form to be issued to you.
5. CLAIMS MUST BE BASED ON THIS COMMITMENT
Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this
Commitment and is subject to its terms.
DISCLOSURES
NOTICE TO PROSPECTIVE OWNERS
(A STATEMENT MADE AS REQUIRED BY COLORADO
INSURANCE REGULATION)
GAP PROTECTION
When this Company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction, the
Company shall be responsible for all matters which appear on the record prior to such time of recording or filing.
MECHANIC'S LIEN PROTECTION
If you are a buyer of a single family residence you may request mechanic's lien coverage to be issued on your policy of insurance.
If the property being purchased has not been the subject of construction, improvements or repair in the last six months prior to the date of
this commitment, the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the
seller.
If the property being purchased was constructed, improved or repaired within six months prior to the date of this commitment, the
requirements may involve disclosure of certain financial information, payment of premiums, and indemnity, among others.
The general requirements stated above are subject to the revision and approval of the Company.
SPECIAL TAXING DISTRICT NOTICE
(A Notice Given In Conformity With Section 10-11-122 C.R.S.)
The subject land may be located in a special taxing district; a certificate of taxes due listing each taxing jurisdiction shall be obtained from
the county treasurer or the county treasurer's authorized agent; and 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.
PRIVACY PROMISE FOR CUSTOMERS
We will not reveal nonpublic personal information to any external non-affiliated organization unless we have been authorized by the
customer, or are required by law.
CONSUMER DECLARATION STATEMENT
This Commitment for Title Insurance may include a Schedule B exception reference to recorded evidence that a mineral estate has been
severed, leased, or otherwise conveyed from the surface estate. If such reference is made, 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. The referenced mineral estate may include the
right to enter and use the property without the surface owner's permission. You may be able to obtain title insurance coverage regarding any
such referenced mineral estate severance and its effect upon your ownership. Ask your title company representative for assistance with this
issue.
06/15/2007 10:10:05 AM 61 CB1
First American Title Insurance Company
COMMITMENT
SCHEDULE A
Commitment No: 615-HO172677-610-ETO
1. Effective Date: June 1, 2007 at 8:00 A.M.
2. Policy or policies to be issued:
(a) Standard Owners Policy Proposed Insured:
To Be Determined
Commitment No.: 615-HO172677-610-ETO
Policy Amount
$TBD
3. Fee Simple interest in the land described in this Commitment is owned, at the Effective
Date by:
SC Mountain Top, LLC, a Delaware limited liability company
4. The land referred to in this Commitment is described as follows:
See Attached Legal Description
(for informational purposes only) 1326 Spraddle Creek Rd, Vail, CO 81657
PREMIUM:
Owners Policy - TBD $375.00
06/15/2007 10:10:06 AM cb 1 CB 1
06/15/2007 10:10:05 AM cbl CBI Commitment No.: 615-HO172677-610-ETO
Attached Legal Description
Lot 14, First Amendment to Spraddle Creek Estates, according to the plat recorded September 3, 1993 in Book
618 at Page 664 and Second Amendment thereto recorded October 8, 1993 in Book 621 at Page 758,
County of Eagle, State of Colorado
06/15/2007 10:10:05 AM 61 CB1
Form No. 1344-B1 (CO-88)
ALTA Plain Language Commitment
SCHEDULE B - Section 1
Requirements
The following requirements must be met:
Commitment No.: 615-HO172677-610-ETO
a. Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured.
b. Pay us the premiums, fees and charges for the policy.
C. Obtain a certificate of taxes due from the county treasurer or the county treasurer's authorized agent.
d. The Affidavit and Indemnity signed by SC Mountain Top, LLC, a Delaware limited liability company
and notarized.
e. The following documents satisfactory to us must be signed, delivered and recorded.
Warranty Deed sufficient to convey the fee simple estate or interest in the land described or referred to
herein, to the Proposed Insured, Schedule A, Item 2 a.
2. Recordation of Statement of Authority for SC Mountain Top, LLC, a Delaware limited liability company,
evidencing the existence of the entity and authority of the person authorized to execute and deliver
instruments affecting title to real property on behalf of the entity, and containing the other information
required by CRS 38-30-172 and/or 38-30-108.5.
3. Release of the Deed of Trust from Stonehenge Capital Corp., to the Public Trustee of Eagle County for
the benefit of WestStar Bank to secure an indebtedness in the principal sum of $1,000,000.00, and any
other amounts and/or obligations secured thereby, dated May 10, 1996 and recorded on June 25, 1996 at
Reception Number 594234.
Modifications in connection with said Deed of Trust recorded November 30, 1998 at Reception No.
677983 and April 12, 1999 at Reception No. 692297 and March 30, 2001 at Reception No. 753226 and
April 3, 2003 at Reception No. 828840 and April 28, 2005 at Reception No. 913868.
4. Release of the Deed of Trust from SC Mountain Top, LLC, to the Public Trustee of Eagle County for the
benefit of US Bank to secure an indebtedness in the principal sum of $1,500,000.00, and any other
amounts and/or obligations secured thereby, dated February 10, 2007 and recorded on April 3, 2007 at
Reception Number 200708575.
NOTE: The item shown as No. 4 above appears to secure the payment of indebtedness under a LINE OF
CREDIT account.
This Commitment is subject to such further Exceptions and/or Requirements as may appear necessary
when the name of the (Proposed Insured, Schedule A, Item 2a) has been disclosed.
The following material, which may not necessarily be recorded, must be furnished to the Company to its
satisfaction to-wit:
f. Evidence that all assessments for common expenses due under the Declaration referred to as Item No.
Exception(s) # for the Decs, of Schedule B, Section 2 have been paid.
06/15/2007 10:10:05 AM cbI CBI
Form No. 1344-B1 (CO-88)
ALTA Plain Language Commitment
SCHEDULE B - Section 1
Requirements (Continued)
Commitment No.: 615-HO172677-610-ETO
g. Compliance with the provisions of Section 39-14-102, Colorado Revised Statutes, requiring completion
and filing of a Real Property Transfer Declaration.
h. Evidence satisfactory to the Company of Compliance with an ordinance enacting a real estate transfer tax
within the Town of Vail together with all amendments thereto.
i. Evidence that current taxes and assessments have been paid.
NOTE: This is automatically deleted upon fulfillment.
NOTE: IF THE SALES PRICE OF THE SUBJECT PROPERTY EXCEEDS $100,000.00 THE SELLER
SHALL BE REQUIRED TO COMPLY WITH THE DISCLOSURE OR WITHHOLDING PROVISIONS OF
C.R.S. 39-22-604.5 (NONRESIDENT WITHHOLDING).
s
06/15/2007 10:10:05 AM cbl CBI
Form No. 1344-B2 (CO-88)
ALTA Plain Language Commitment
SCHEDULE B - Section 2
Exceptions
Commitment No.: 615-HO172677-610-ETO
Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction:
1. Taxes and Assessments not certified to the Treasurer's Office.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be
ascertained by an inspection of the land or by making inquiry of persons in possession thereof.
3. Easements, or claims of easements, not shown by public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct
survey and inspection of the land would disclose, and which are not shown by the public records.
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.
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
7. The right of proprietor of a vein or lode to extract or remove his ore should the same be found to penetrate
or intersect the premises thereby granted as reserved in United States patent recorded on July 11, 1899 in
Book 48 at Page 475, and any and all assignments thereof or interest therein.
Right of way for ditches and canals constructed by the authority of the United States, as reserved in
United States Patent recorded on July 11, 1899 in Book 48 at Page 475.
Terms, conditions, provisions, agreements and obligations contained in the Easement recorded on March
11, 1993 in Book 603 at Page 890.
10. Terms, Conditions and Provisions of Easement as granted to the United States of America and the Town
of Vail recorded April 5, 1993 in Book 605 at Page 532.
11. Easements, conditions, covenants, restrictions, reservations and notes on the recorded plat of Spraddle
Creek Estates recorded May 28, 1993 in Book 610 at Page 213, First Amendment recorded September 3,
1993 in Book 618 at Page 664 and Second Amendment recorded October 8, 1993 in Book 621 at Page
758.
12. Covenants, conditions and restrictions, which do not include a forfeiture or reverter clause, set forth in the
instrument recorded on November 10, 1993 in Book 624 at Page 528, which includes Residential Design
Regulations and First Amendment recorded October 14, 1994 in Book 652 at Page 580 and Second
Amendment recorded October 20, 1994 in Book 652 at Page 940 and re-recorded October 27, 1994 in
Book 653 at Page 596 and Amendment recorded December 27, 1994 in Book 657 at Page 956 and
Amendment to the Residential Design Regulation recorded June 15, 1994 in Book 642 at Page 902.
Provisions regarding race, color, creed, and national origin, if any, are deleted.
13. Terms, conditions, provisions, agreements and obligations contained in the Trench, Conduit and Vault
Agreement recorded on November 19, 1993 in Book 625 at Page 321.
06/15/2007 10:10:05 AM cbl CBI
Form No. 1344-B2 (CO-88)
ALTA Plain Language Commitment
SCHEDULE B - Section 2
Exceptions (Continued)
Commitment No.: 615-HO172677-610-ETO
14. Underground Right of Way Easement as granted to Holy Cross Electric Association, Inc., in instrument
recorded November 19, 1993 in Book 625 at Page 320.
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BERGLUND Architects, LLC
Description of the Proposed Lot 14 Building Envelope Change
The owner of Lot 14 at Spraddle Creek Estates is proposing to move and reconfigure the existing
building envelope. The property is undeveloped and the size of the envelope is not being changed.
The existing building envelope is an approximate hexagon shape with uneven lengths and angles. It
is approximately 150 feet in the southeast to northwest direction and 160 feet in the northeast to
southwest direction. The existing envelope is located approximately 20 feet from the southeast
property line bordering lot 15, 18.5 feet from the northeast property line bordering lot 12,
approximately 73 feet at its closest point from the R.O.W. for Spraddle Creek Road bordering the
southwest of the property and approximately 850 feet from the northwest property line.
The southeast edge of the proposed envelope has moved approximately 30 to 45 feet to the
northwest, so that the distance to the southeast property line bordering lot 15 is approximately 53 feet
at the closest point and 80 feet at its farthest point. The northeast edge of the proposed envelope
has moved approximately 16 feet to the southwest, so that the distance to the northeast property line
bordering lot 12 is approximately 35 feet at the closest point. The southwest edge of the proposed
envelope has moved approximately 28 feet to the northeast, so that the distance from the R.O.W. for
Spraddle Creek Road bordering the southwest of the property is approximately 100 feet at the closest
point. The northwest edge of the envelope has moved approximately 120 feet to the northwest, but
the distance to the northwest property line is still a significant distance of approximately 730 feet.
For reference, the north edge of the building envelope at lot 7 is approximately 180 feet to the south
and 50 feet lower in elevation than the southern edge of the proposed lot 14 envelope. The
northeast edge of the building envelope at lot 6 is approximately 280 feet to the southwest and 125
feet lower in elevation than the southwest edge of the proposed lot 14 envelope and the northeast
edge of the building envelope at lot 5 is approximately 320 feet to the west and 125 feet lower in
elevation than the western edge of the proposed lot 14 envelope.
Reasons for the Lot 14 Building Envelope Change per the Goals of the Spraddle Creek Design
Guidelines and the Town of Vail Code
The proposed Lot 14 building envelope change promotes harmony, reduces impact to views from
adjacent homes and allows for an overall better design with less impacts to other properties than if
the house was built within the existing envelope. Many of the site and architectural design principles
of the home that are derived from the Spraddle Creek Design Guidelines, as outlined below, would
not be as successful, and some of them would not be possible, without the proposed building
envelope change.
Moving the building envelope on Lot 14 to the northwest and reconfiguring it to a more
rectangular east-west orientation increases the separation between the building envelope and
the adjacent homes to the northeast, east and south. It also allows the existing aspen grove at
the east and southeast areas of the site to remain more intact. This proposed envelope
change supports the Spraddle Creek Guidelines' intent to create privacy between homes,
preserve view corridors for adjacent homes, preserve the natural land features and integrate
homes into the natural surroundings. On page one, the Spraddle Creek Guidelines state, "The
Residential Design Regulations are established to ensure that certain criteria and design
disciplines will be in effect which will cause the development of the community to grow in as an
integrated and compatible manner as possible... and to promote value, quality and harmony
with all the development at Spraddle Creek." On page four of the Guidelines, the building
envelope section states, "the purpose of the envelope is to... help ensure that structures blend
in with the natural landscape rather than dominate it". Further, the building sitting section
states, " No structure may be placed on its site in a manner that substantially impairs the view
from any other lot".
• This more east-west oriented building envelope also allows the house design to better respond
to natural land forms by orienting parallel with the topography. This new orientation creates a
Page 1 of 3
P.O. Box 2378, Edwards. CO 81632
Tel: 970 926-4301 fax: 970 926-4364
Lot 14 Spraddle Creek Estates, Reasons for Building Envelope Adjustment
Produced by Berglund Architects, 11-12-07
simple central rectangular massing with simple additive bedroom and caretaker wings thus
reducing the scale of the home. The scale and form section of the Guidelines states on page
13, "generally, residential buildings within Spraddle Creek should be based upon a central
rectilinear massing with simple forms added to create scale, and to allow for the integration of
the building with site's natural characteristics." Further, on page 4, the building sitting section
states, "Buildings forms and massing shall respond to the site characteristics of slope and
topography'.
The building envelope change does not alter the intent of the Town of Vail Title 13 Subdivision
Regulations Goals, "which is to protect the environment and in general to assist the orderly,
efficient and integrated development of the Town." (13-1-2: Purpose) Nor does it change the
parameters of the Spraddle Creek subdivision, since the proposed building envelope and site
coverage size remain unchanged. The developed portion of the lot is also still within the
developed area of the subdivision, since it is above the area of the existing large retaining wall
for the road switchback below. As viewed from below, the valley floor or on the mountain, the
proposed envelope is still in the general central area of the Spraddle Creek development with
homes below on Lots 3, 4 and 5 extending significantly farther to the west. The home on Lot 5
extends approximately 500 feet farther to the west. The proposed envelope change does not
have a more negative effect on the surrounding environment since there is still a very .
significant separation of approximately 730 feet between the edge of proposed envelope and
the adjacent property to the west and approximately 200 feet to the forest service land to the
north.
Moving the envelope to the northwest allows vehicular access on the flatter portion of site to
more closely follow grade, minimizing grading and increasing the distance and tree buffer
between homes. This aligns with the Town of Vail Title 13 Subdivision Regulations Goals 13-1-
2: Specific Purposes which aims to "protect and conserve the value of buildings and
improvements on the land" and "to achieve a harmonious, convenient, workable relationship
among land uses, consistent with Town development objectives". The minimized grading and
increased distance and tree buffer between the homes will create a more harmonious and
workable relationship between the homes.
The more rectangular east-west envelope allows the house to orient parallel to the topography
to reduce grading and take better advantage of solar orientation. It is proposed that the home
will utilize a concealed hot water solar system throughout much of the east, south and west
sloped roofs with some photovoltaic solar panels on the generally non-visible 4/12 sloped roofs
over the kitchen and master wing. The Spraddle Creek Guidelines promote the use of passive
and active solar design. The revised envelope creates a more linear massing per the
guidelines which state on page 11 that "Building layout and massing should embrace the
predominantly expansive views towards Vail Mountain and the warm southern exposure".
The more rectangular east-west envelope creates an overall lower massing that is oriented with
the topography so that the house is predominantly two stories with nearly the entire north wall
of the home below grade. This allows several areas of the roof to be covered with native
grasses, further minimizing mass and scale. This helps the design to follow the Spraddle
Creek Guidelines goal of having the house grow out of the site. On page 13, the scale and
form section of the Spraddle Creek Guidelines states, "the underlying rectilinear form should
have the visual impression of 'growing' out of the site. This impression can be reinforced by
following the natural contours of the site and portraying a strong, horizontally proportioned
massive base." It also allows the garage to be built sub-grade on three sides with an auto court
above the garage to minimize the visual impact of the garage and parking areas on the
adjacent lots.
Page 2 of 3
P.O. Box 2378, Edwards, CO 81632
Tel: 970 926-4301 fax: 970 926-4364
Lot 14 Spraddle Creek Estates, Reasons for Building Envelope Adjustment
Produced by Berglund Architects, 11-12-07
With the proposed new envelope, grading outside of the envelope on the southern visible areas
of site is very minimal and integrated into the landscape design. Grading above the house on
the north side is for drainage purposes only and will be concealed by the house. Significant
new landscaping will be planted around house and enhanced native grasses will be planted on
any disturbed areas. Site walls outside of the envelope for the garage and driveway will comply
with the Guidelines' three foot maximum height requirement with a minimum of two feet
between walls.
The improvement of the solar orientation for passive and active solar as well as the improved
thermal performance by being buried into the hill on approximately 40% of the walls, due to the
proposed envelope change, allows the home to be much "Greener". Combined with advanced
spray foam super insulation in the walls / roof assemblies and a proposed geothermal heating
and cooling system, the homes energy consumption will be substantially reduced compared to
a more conventional design. We have registered the project with the U.S. Green Building
Council LEED residential pilot program (Leadership in Energy and Environmental Design). We
have hired Active Energies of Avon to begin design of the solar systems and assist with the
LEED design. We have contracted with Colorado West Plumbing and Heating of Edwards
Colorado for geothermal design and a test well. The home could potentially be the first LEED
certified home in Vail.
• The more rectangular east-west building envelope also allows for increased privacy between
the required caretaker unit and the home. This creates a better quality of life for both the
caretaker and the homeowner. The building envelope change enhances design options so that
the caretaker unit can be above grade with great views, lots of light, private patio and still have
direct access to a private garage space below.
• There are many precedents of building envelope changes in Spraddle Creek, which
demonstrate that in many cases the original envelopes were not the best solution for the site
and home design. The previously approved building envelope changes have created better
homes and promoted harmony between neighbors.
If the building envelope is not adjusted, the home built on Lot 14 will have an overall greater impact to
the site and neighbors. In order to incorporate a similar amount of allowable GFRA into the existing
more concentrated envelope, the house will be predominantly three stories tall instead of two stories.
Much less of the house will be cut into the hill and none of the roof will likely be buried, further
increasing its visual impact. The house will not have nearly as good of a solar orientation and will not
be able to utilize as much passive and active solar design. Due to a much less of a "Green" design
potential, the home may not be able to achieve LEED certification. The landscape buffer between the
adjacent homes will be significantly reduced since much of the existing aspen grove will be eliminated
at the east and southeast portion of the lot. The closer proximity to the neighbors combined with the
added height of the house will significantly impact the views and privacy of the adjacent homes.
Overall, the resulting design would be less successful and harmonious for the neighbors.
Page 3 of 3
P.O. Box 2378, Edwards, CO 81632
Tel: 970 926-4301 fax: 970 926-4364
BERGLUNU Architects, LLC
Lot 14 at Spraddle Creek - Design Principles
The following is a summary of site and architectural design principles of the home that are derived
from the Spraddle Creek Design Guidelines. Many would not be as successful and some of them
would not be possible without the proposed building envelope change:
• The architecture of the home responds to natural land forms by orienting parallel with
topography and stepping with the site to minimize site grading. This follows the
recommendations of the building sitting section which states, "Buildings forms and massing
shall respond to the site characteristics of slope and topography".
• The home's predominantly stone exterior, heavy timber detailing and brown patina copper
roofing is compatible with surrounding natural landscape colors and adjacent homes.
• Flatter areas of the site are used for vehicular access to minimize necessary grading.
Additionally, the visual impact of the garage and parking areas are reduced by creating a
guest auto court over a buried garage.
• The design of the home follows the recommendations of the scale and form section of the
Guidelines which states on page 13, "generally, residential buildings within Spraddle Creek
should be based upon a central rectilinear massing with simple forms added to create
scale, and to allow for the integration of the building with site's natural characteristics."
• The home is oriented with the topography so that it is predominantly two stories with nearly
the entire north wall of the home below grade. This allows several areas of the roof to be
covered with native grasses, and the garage to be buried on 3 sides. This helps the
design to follow the Spraddle Creek Guidelines goal of having the house grow out of the
site.
• The house's windows and outdoor spaces are concentrated on the southern exposure in
response to the Guidelines' section that states on page 11, "Windows and doors on south
facing exposures should promote interaction of indoor and outdoor spaces through use of
large window openings to decks, balconies and courtyards" and again on page 11 that
"Building layout and massing should embrace the predominantly expansive views towards
Vail Mountain and the warm southern exposure".
• The house's predominant gable roof forms with 9/12 slope roofs with large overhangs of
between 2 to 4 feet with secondary sheds roofs and dormers at 4/12 slope meet the
guidelines roof slope and overhang requirements.
• The brown patina copper roof meets the Guideline's goal of having natural materials with
predominantly brown tones.
• The home's design follows the Guidelines' goals of straightforward construction techniques
with expression of structure, great attention to detail, substantial timber detailing and sense
of permanence through durable natural materials.
• Grading outside of the envelope on the southern areas of the site is very minimal and
integrated into the landscape design. Grading above the house on the north side is for
drainage purposes only and will be concealed by the house. Significant new landscaping
will be planted around house and enhanced native grasses will be planted at any disturbed
areas. Site walls outside of the envelope for the garage and driveway will comply with
Guidelines' three foot maximum height with a minimum of two feet between walls.
Page 1 of 1
P.O. Box 2378, Edwards, CO 81632
Tel: 970 926-4301 fax: 970 926-4364
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Page 1 of 1
Nicole Peterson
From: "Hans Berglund"
To:
Date: 12/10/2007 9:40 AM
Nicole
Per my voice message on Friday and our conversation this morning, we request to have the Oehl Residence
Building Envelope P.E.C. work session to be moved to the January 14th P.E.C. meeting, instead of today.
Please call with any questions.
Hans Berglund
B E R G L U N D Architects, LLC
210 Edwards Village Blvd, Suite A103
P. O. Box 2378, Edwards, CO 81632
Phone 970 926 4301 Fax 926 4364
email: hans@berglundarchitects.com
file://C:\Documents and Settings\Administrator\Local Settings\Temp\XPgrpwise\475D09... 12/10/2007
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: December 10, 2007
SUBJECT: A request for a work session to review an amended final plat, pursuant to Chapter 13-
12, Exemption Plat Review Procedures, Vail Town Code, to amend a platted building
envelope, located at 1326 Spraddle Creek Road/Lot 14, Spraddle Creek Estates, and
setting forth details in regard thereto. (PEC07-0069)
Applicant: Ron Oehl, represented by Berglund Architects
Planner: Nicole Peterson
SUMMARY
The applicant, Ron Oehl, represented by Berglund Architects, is requesting a work session to
review an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures,
Vail Town Code, to amend a platted building envelope, located at 1326 Spraddle Creek
Road/Lot 14, Spraddle Creek Estates Subdivision.
As this is a work session, staff has not made a recommendation on this amendment and the
Planning and Environmental Commission is not being asked to take any action. Staff is
seeking feedback in regards to the discussion items listed in Section VI of this memo.
Following discussion, Staff recommends that the PEC table this application to the January 14,
2007, hearing for final review.
II. DESCRIPTION OF REQUEST
The proposed amendment would allow for a reconfiguration of the platted building envelope to
follow the proposed design of a new residence on Lot 14. The proposed envelope would
extend further to the west than the approved building envelope (Attachment E). However, the
proposed building envelope (15,428sf) is smaller in area than the approved building envelope
(15,436sf).
Spraddle Creek Estates was platted in 1993. The plat included building envelopes for each lot
and a lot summary chart, including maximum GRFA and site coverage for each lot (See plats,
Attachments C and D). The Town adopted the building envelopes and restrictions to protect
steep slopes, preserve the natural amenities of the site by minimizing the disruption to the
existing topography and to maintain greater control over the size of the homes (i.e. Because
GRFA is directly proportional to lot size and the sizes of the lots are quite large, the Town
adopted the plat restrictions to prevent undesirably large structures).
Design Regulations were adopted as part of the development approval of Spraddle Creek
Estates. The regulations were adopted by the Town, but are enforced by the Spraddle Creek
Architectural Control Committee. Staff has listed the relevant sections of the document in
Section V of this memo. Regardless of building envelope, the proposed residence will need to
comply with all applicable zoning and plat restrictions including but not limited to maximum
GRFA, height and site coverage. The applicant has submitted a letter describing the reasons
for the building envelope change request (Attachment B).
BACKGROUND
On January 15, 1985, the property comprising Spraddle Creek Estates, approximately 39.55
acres was annexed into the Town of Vail.
On November 18, 1986, the Town of Vail adopted the Land Use Plan which identified
Spraddle Creek Estates as being within the Hillside Residential land use designation. The
plan identified Spraddle Creek Estates as the single property within this land use designation
within Town boundaries.
On October 26, 1987, through the adoption of Ordinance 38, Series of 1987, the Town of Vail
created and imposed the Hillside Residential District on Spraddle Creek Estates. Town Staff
developed the Hillside Residential District in response to the adoption of the Land Use Plan.
On April 17, 1991, the Design Review Board granted final approval to the development of
Spraddle Creek Estates. This approval was for roadway design, retaining walls design,
landscaping of entry and common parcels, and adoption of the Spraddle Creek Estates
Residential Design Regulations Including Architectural, Site Development and Landscape
Guidelines for the subdivision.
On February 24, 1992, the Planning and Environmental Commission approved several
variances for retaining wall height and roadway grades in excess of those permitted.
In April, 1993, Town Council approved Spraddle Creek Estates Subdivision.
On July 12, 1993, a minor subdivision was approved by the Planning and Environmental
Commission to adjust the shared lot line between Lots 14 and 15 to increase the size of Lot 15
to allow for a primary unit and a care taker unit on the lot. Through this approval, the area,
GRFA and site coverage of both lots were also amended.
On September 7, 1993, the Town of Vail adopted Ordinance 11, Series 1993, which rezoned
Tract C of Spraddle Creek Estates from Greenbelt and Natural Open Space District to Single
Family District in order to permanently restrict the lot as an employee housing unit (gate
keeper house).
On April 5, 1995, the Design Review Board approved a change to the Residential Design
regulations for Spraddle Creek to allow for glass expanses in excess of 36 feet.
On June 22, 1998, the Planning and Environmental Commission approved an amendment to
the Spraddle Creek Estates plat to allow for interior conversions to residences which complied
with the regulations.
On June 11, 2007 the Planning and Environmental Commission recommended approval of a
request for final plat amendment to allow for modifications to plated GRFA and site coverage
limitations on most lots in Spraddle Creek Estates Subdivision. The request and
recommendation was forwarded to Town Council and Council tabled the request indefinitely.
The developer continues to work with the Town Staff on the request.
On December 5 2007 the DRB reviewed concept plans for the proposed residence. They
were concerned that the structure appeared `separated' and asked that the applicant revise
the plans to give appearance of one continuous residence instead of two. Overall, they were
in agreement with the design and the proposed building envelope.
IV. APPLICABLE PLANNING DOCUMENTS
A. TITLE 12, VAIL TOWN CODE: ZONING REGULATIONS (in part)
12-21-14 RESTRICTIONS IN SPECIFIC ZONES ON EXCESSIVE SLOPES:
The following additional special restrictions or requirements shall apply to development
on any lot in a hillside residential, single-family residential, two-family residential or two-
family primary/secondary residential district where the average slope of the site
beneath the existing or proposed structure and parking area is in excess of thirty
percent (30%):
A. A soil and foundation investigation, prepared by and bearing the seal of a registered
professional engineer shall be required.
B. Foundations must be designated and bear the seal of a registered professional
engineer.
C. A topographic survey prepared by a registered surveyor, with contour intervals of
not more than two feet (2'), shall be required.
D. Structures must be designed by a licensed architect.
E. Site coverage as it pertains to this chapter, as permitted by sections 12-6A-9, 12-
68-9, 12-6C-9 and 12-6D-9 of this title, is amended as follows.
1. Not more than ten percent (10%) of the total site area may be covered by
driveways and surface parking.
2. In order to protect the natural land form and vegetation on steep slopes, not
more than sixty percent (6051o) of the total site area may be disturbed from present
conditions by construction activities. The design review board (DRB) may approve
site disturbance in excess of the sixty percent (6091o) maximum if specific design
criteria warrant the extent of the requested deviation.
F. A site grading and drainage plan shall be required.
G. A detailed plan of retaining walls or cuts and fills in excess of five feet (5) shall be
required.
H. A detailed revegetation plan must be submitted.
1. The administrator may require an environmental impact report as provided in section
12-12-2 of this title.
J. A minimum of one covered parking space shall be provided for each dwelling unit.
K. Setbacks, as they apply to this chapter, as required by sections 12-6A-6, 12-68-6,
12-6C-6 and 12-6D-6 of this title, are amended as follows: There shall be no
required front setback for garages, except as may be required by the design review
board. Garages located in the front setback, as provided for in this section, shall be
limited to one story in height (not to exceed 10 feet) with the addition of a pitched or
flat roof and subject to review and approval by the design review board.
L. Retaining walls up to six feet (6) in height may be permitted in the setback by the
design review board when associated with a permitted garage as referenced in
subsection K of this section. (Ord. 17(2006) § 1: Ord. 29(2005) § 45: Ord. 5(2001) §
3: Ord. 2(1995) § 1: Ord. 13(1994) § 1)
B. TITLE 13, VAIL TOWN CODE: SUBDIVISION REGULATIONS (in part)
13-2-2 DEFINITIONS
EXEMPTION PLAT: The platting of a portion of land or property that does not fall within
the definition of a "subdivision", as contained in this section.
13-3-4: COMMISSION REVIEW OF APPLICATION; CRITERIA AND FINDINGS:
A. The Planning and Environmental Commission shall consider the following criteria
with respect to the proposed subdivision:
(1) The extent to which the proposed subdivision is consistent with all the applicable
elements of the adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and is compatible with the development objectives of the town;
and
(2) The extent to which the proposed subdivision complies with all of the standards of
this Title, as well as, but not limited to, Title 12, Zoning Regulations and other pertinent
regulations that the Planning and Environmental Commission deems applicable; and
(3) The extent to which the proposed subdivision presents a harmonious, convenient,
workable relationship among land uses consistent with municipal development
objectives; and
(4) The extent of the effects on the future development of the surrounding area; and
(5) The extent to which the proposed subdivision is located and designed to avoid
creating spatial patterns that cause inefficiencies in the delivery of public services, or
require duplication or premature extension of public facilities, or result in a "leapfrog"
pattern of development, and
(6) The extent to which the utility lines are sized to serve the planned ultimate
population of the service area to avoid future land disruption to upgrade under-sized
lines, and
(7) The extent to which the proposed subdivision provides for the growth of an orderly
viable community and serves the best interests of the community as a whole; and
(8) The extent to which the proposed subdivision results in adverse or beneficial
impacts on the natural environment, including, but not limited to, water quality, air
quality, noise vegetation, riparian corridors, hillsides and other desirable natural
features; and
(9) Such other factors and criteria as the Commission and/or Council deem applicable
to the proposed subdivision.
B. Necessary Findings: The Planning and Environmental Commission shall make the
following findings with respect to the proposed major subdivision:
(1) That the subdivision is in compliance with the criteria listed in Subsection 13-3-4A,
Vail Town Code; and
(2) That the subdivision is consistent with the adopted goals, objectives and policies
outlined in the Vail Comprehensive Plan and compatible with the development
objectives of the Town; and
(3) That the subdivision is compatible with and suitable to adjacent uses and
appropriate for the surrounding areas; and
(4) That the subdivision promotes the health, safety, morals, and general welfare of the
Town and promotes the coordinated and harmonious development of the Town in a
manner that conserves and enhances its natural environment and its established
character as a resort and residential community of the highest quality.
13-12-1: EXEMPTION PLAT REVIEW PROCEDURES PURPOSE AND INTENT:
The purpose of this chapter is to establish criteria and an appropriate review process
whereby the planning and environmental commission may grant exemptions from the
definition of the term "subdivision" for properties that are determined to fall outside the
purpose, purview and intent of chapters 3 and 4 of this title. This process is intended to
allow for the platting of property where no additional parcels are created and
conformance with applicable provisions of this code has been demonstrated.
13-12-2: EXEMPTIONS IN PROCEDURE AND SUBMITTALS:
"Exemption Plats"; as defined in section 13-2-2 of this title, shall be exempt from
requirements related to preliminary plan procedures and submittals. Exemption plat
applicants may be required to submit an environmental impact report if required by title
12, chapter 12 of this code.
13-12-3: PLAT PROCEDURE AND CRITERIA FOR REVIEW:
C. Review And Action On Plat: The planning and environmental commission shall
review the plat and associated materials and shall approve, approve with modifications
or disapprove the plat within twenty one (21) days of the first public hearing on the
exemption plat application or the exemption plat application will be deemed approved.
A longer time period for rendering a decision may be granted subject to mutual
agreement between the planning and environmental commission and the applicant.
The criteria for reviewing the plat shall be as contained in section 13-3-4 of this title.
C. SPRADDLE CREEK ESTATES RESIDENTIAL DESIGN REGULATIONS (In part)
1. INTRODUCTION
Spraddle Creek Estates represents a unique residential development opportunity in
one of North America's premier mountain resorts. Located in one of the last prime
development sites in Vail Spraddle Creek offers all of the qualities of a world-class
neighborhood: a beautiful natural mountainside setting, outstanding views of Vail
mountain and predominant southern exposure, privacy and security within the enclave
of residences, and convenient location within the Town of Vail. In order to maintain
and strengthen these intrinsic qualities of the Spraddle Creek setting and to promote
value, quality and harmony with all new development at Spraddle Creek, the
developers of Spraddle Creek have established these Residential Design Regulations.
The purpose of these criteria is not to limit of inhibit the creative design process of
individual owners and their consultants, but to establish the bounds within which design
will be acceptable to the community at large. The Residential Design Regulations are
established to ensure that certain criteria and design disciplines will be in effect which
will cause the development of the community to grow in as integrated and compatible a
manner as is possible. These criteria have been developed to act as reasonable
guidelines, and are not intended to be the absolute limits to design concepts of the
custom solution for each and every residence.
These criteria and standards shall form the basis for evaluation of plans and
specifications submitted for review and approval to the Spraddle Creek Architectural
Control Committee.
IV. SITE DEVELOPMENT GUIDELINES
4.1 Introduction
The preservation of the natural characteristics and setting of Spraddle Creek Estates is
critical to the overall quality of project intent. In order to preserve the inherent
attributes of the Spraddle Creek site topography, vegetation, orientation to sun
exposure and views of Vail Mountain and the upper Vail Valley, guidelines have been
established that will minimize the physical and visual impacts associated with
development and provide continuitv of site specific elements within the subdivision.
4.3 Building Envelope
The building envelope is the portion of each lot within which all improvements must be
built including buildings, accessory buildings, site walls, fences, screens, recreational
improvements, etc. Landscaping may occur outside the building envelope.
The building envelope has been established for each lot based on the natural
topography and features of the lot, views, and relationship to adjacent building
envelopes. The purpose of the envelope is to reduce uncertainty of neighbors as to
which view corridors might be impacted by future construction, and to help insure that
structures blend in with the surrounding landscape, rather than dominate it. Owners
should refer to Spraddle Creek Estates final plat in order to clarify lot property
boundaries, building envelope, allowable gross residential floor area (GRFA), etc.
With the prior written approval of the Town of Vail Design Review Board,
encroachments outside the building envelope may be permitted for driveways,
drainage structures, utility installations, sidewalks, and garages that meet the
requirements of the Town of Vail Municipal Code.
4.4 Building Siting
All buildings and other site related development must be sensitively integrated into its
natural setting. Most of the building sites have significant existing vegetation and
varied topography. The natural features of each lot must be utilized in an
environmentally sensitive manner, and must conform to stylistic characteristics of the
architectural design theme.
Buildings, structures and other improvements should blend with the natural setting, in
order to minimize the impact of the development on the site. Building forms and
massing shall respond to the site characteristics of slope and topography. Buildings
should step with the site, accomplishing level changes through composition of forms
rather than extensive site grading. Exposed building profiles and harsh angular forms
which contrast with the natural environment should be avoided.
Location of buildings and other improvements must also consider impacts on adjacent
and surrounding properties. No structure may be placed on its site in a manner that
substantially impairs the view from and other lot.
4.6 Grading and Drainage
Lots which have an average slope of the site beneath the proposed structure and
parking area in excess of thirty percent (30%) are subject to the requirements of Vail
Town Code [Sec. 12-21-14].
In order to meet Spraddle Creek's goals of preservation and enhancement of the
natural amenities on the site, all on-site improvements should be sensitively planned to
minimize the disruption to the existing topography. Excessive grading is discouraged.
Where grading does occur, the following standards shall be incorporated for sensitive
siting of improvements:
1. The maximum slope for areas of cut and fill shall not exceed 2' horizontal to V
vertical (2: 1).
2. Bedrock which is exposed in a cut slope may exceed the maximum 2:1 slope.
The cut surface of the bedrock should be `sculptured' to create an irregular
profile which approximates natural rock outcroppings on the site. Planting
pockets may be created in the `sculptured' rock for grasses and forbes.
3. Horizontal and vertical variations in the graded cut and fill slopes create a more
natural ridge and valley configuration. Such undulations should relate to the
adjacent natural slope variations. Long slopes should be varied to avoid the
appearance of long flat surfaces.
4. Slope rounding creates a softer, more natural appearing slope configuration
and promotes rapid re-vegetation at the fringe of disturbed areas.
5. Building pad, foundation excavation, and access drives shall be designed to
minimize disruption of existing trees and ground cover.
6. All grading should occur within the building envelope unless the grading is
necessary for a driveway and/or garage, or other improvements located outside
the building envelope.
A master drainage plan has been prepared for Spraddle Creek Estates and a copy of
this document should be obtained by each lot owner or his architect at the Pre-Design
Conference with the [Spraddle Creek Estates] ACC [Architectural Control Committee].
V. ZONING AND LAND USE
Zoning:
Subject Property: Hillside Residential (HR) District &
Medium Severity Rockfall Hazard Zone
Surrounding: West - Natural Area Preservation (NAP) District
East - Hillside Residential (HR) District
North - Municipal boundary - U.S. Forest Service property
South - Hillside Residential (HR) District
Land Use Designation:
Subject Property: Hillside Residential
(Proposed Two-Family Dwelling - Primary Residence and EHU)
Surrounding: West - Open Space (White River National Forest)
East - Hillside Residential (Single-Family Residence)
North - Municipal boundary - U.S. Forest Service property
South - Hillside Residential (Single-Family Residence)
Lot 14 Plat:
Area GRFA Site Coverage Envelope
Original Plat (April, 1993): 286,022sf 14,330sf 10,000sf
Amended Plat (July, 1993) 277,500sf 13,904sf 8,866sf 15,436sf
Proposed Plat 277,500sf 13,904sf 8,866sf 15,428sf
VI. DISCUSSION ITEMS
1. Does the Planning and Environmental Commission (PEC) believe the criteria and
findings of Vail Town Code section 13-3-4, stated in section IV.B of this memo, are
upheld with the proposed building envelope re-configuration on Lot 14?
Staff does not believe that the criteria and findings of Vail Town Code section 13-3-4,
stated in section IV.B of this memo, are upheld with the proposed building envelope re-
configuration on Lot 14. Specifically, criteria number 8: The extent to which the proposed
subdivision results in adverse or beneficial impacts on the natural environment, including,
but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides
and other desirable natural features.
Staff believes the proposed building envelope results in adverse impacts to the natural
environment including vegetation, hillside and natural features of the site. The proposed
building envelope results in greater removal of vegetation, greater detriment to the steep
slopes on site, and greater overall disruption to the site than the approved building
envelope. Staff believes the applicant should significantly reduce the amount of paved
surface and reduce the extension of the envelope to the west, which would be in keeping
with the approved building envelope.
2. Does the PEC believe that the original intent of the Spraddle Creek Estates Design
Regulations, stated in section IV.C of this memo, is upheld with the proposed
building envelope re-configuration on Lot 14?
Staff does not believe that the original intent of the Spraddle Creek Estates Design
Regulations, stated in section IV.C of this memo, is upheld with the proposed building
envelope re-configuration on Lot 14. Staff identified two main intents of the Design
Regulations; 1) to minimize impact to the lots in Spraddle Creek and 2) to preserve natural
features of the lots in Spraddle Creek.
Staff believes the proposed building envelope is contradicting the intent to minimize impact
to the site and preserve natural features of the site by extending approximately 125 feet
past the approved building envelope. Therefore, diminishing and disrupting a far greater
area of the site than the approved building envelope.
Staff believes the applicant should significantly reduce the amount of paved surface and
reduce the extension of the envelope to the west, to minimize impact to the site and
preserve natural features of the site.
3. Does the PEC identify the need for any additional information to be provided at a
future hearing?
VII. ROLES OF REVIEWING BOARDS
Planning and Environmental Commission:
Action: Pursuant to Section 13-12-3C, Review and Action on Plat, Vail Town Code, the
Planning and Environmental Commission is responsible for final approval, approval with
modifications, or denial of the final plat.
Design Review Board:
Action: The Design Review Board has no review authority on an exemption plat, but must
review any accompanying Design Review Board application.
Town Council:
The Town Council is the appeals authority for an exemption plat review procedure in
accordance with Sub-section 13-3-5C, Council May Appeal, Vail Town Code.
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 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.
VIII. STAFF RECOMMENDATION
The Community Development Department recommends that following discussion, the
Planning and Environmental Commission tables this application to the January 14, 2007,
hearing.
IX. ATTACHMENTS
A. Vicinity Map
B. Applicant Letter
C. Original plat for Spraddle Creek Estates
D. Amended plat for Lots 14 and 15 Spraddle Creek Estates
E. Site Plan illustrating building envelope change
F. Public Notice
10
B. Applicant Letter - 4 pages
SERGL.UND ArChitHcts, LLC
Description of the Proposed Lot 14 Building Envelope Change
This more east-west, oriented twiid ng envelope also allows the house design, to be er respond
to nat ral land forms by ❑rlenting parallel with the topography, Tft~s new irlemation cremes a
Pate 1 of 3
P.CS. fix: ?37", T'Rw~.re#s, C,C> tsjr.:z t
Tel 970920r4-lnI Snx:: 270 WC-4304
~ 14 Straddle Cr k Estates, Reasons for Building Produced by Berglund Architects, 11.12-07
Page 2 of 3
task nox t~M dw*fdfA. CO L1632
T ftli U70 U249-4:901 tax: 970 9204-304
12
Lot 14 saddle Creek Estates. Reasons for Su do Envelope -A-ditt§-VA~rA
prodljc€fd by Berglund ArchtlecAs.. 11 -12-07
• The more rectangular east-west binding envelope also allows for Increased privacy between
the regvired caretaker janit and the. game. This creates a better quality of life for both the
caretaker and the horn wrier. The building envelope change enhances design taptions so that
the caretaker unit can be above grade with great views, lots ' l=ght, private patio and st l have
direct access to a private garo~?e spy belay.
• T hive are many precedents of buBding envelope changes in Spraddle Crock, wNch
demonstrate that In many costs the o6giml er velc s were not the best solution for lhe site
and home dead. The pr slyr approved butldtng envelope chancres have created better
homes and promoted harmony between neighbors.
Page 3 of 3
Tot 070026-4301 fax: 070 920-434r 4
13
BEIR+GL_UNQ Architects, LLC
Lot 14 at Spraddte Creek - Design Principles
The follovAng is a summaq of site and atchitectw-ai design principles of the home that are derived
from the Spraddle Creek Design Guidelines, hasty woulO not be as suooessf i and some of tk'tt
would not be possible ,without the proposed building envelope charge:
Page t of 1
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19
F. Public Notice
NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the
Tom of Vail will hold a public }wring in accordance with section 12-3-6, Vail 'fawn Cade.
on tWoomber 10, 2407, at 1:00 pm in the Town of Vail !Municipal Building, in
consideration of
P3anner: Bill Gibson
Page 1
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