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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 . Q 3 i earn rrct~kbds. 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 it 9-A A Owner(s) Signatdre(s): Name of Applicant: Mailing Address: 2978. ~7 . `Y' E-mail Address: han-se he~aluc~dafch~~e~s ax 9 7a- ica L4 3& n 12 2CON ~ i r 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 w r 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 TrWN ~v 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 i f E ❑ 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 I tr, w 67*7 ~r r 0 Jr 0 +0+ N it C r- ~U J ~J - U i CL 3Q 0-0 tm am 0 a~ 0 U 0.~ co 0 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. vl ~'(ESSi a oS~$DEE 6i 5 $oa° ii¢-°n~ a s€ pis~~s ° ~s CngF N ~i 7694 ~ ~ g ~i §p&pyy5a iC$ ;t, . ip s; ~ t 5 g ► [4a ~ d C Es~RC [ 1 ,sg y ° $ i I o ~j ~ t a I $ S 5• fi ~•LE~° 4 io ~~i~8 d - I I 77 I i ~a T i£G :as gm a7( -till $i m $ I N ° l$ lq4 E-1 W W W O U W U F4 00 ^ Y 0. 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G3~ s s 0021'2r E 2MOlt g3~ & Tip ! 3 ss f fi S 4 SSSSS i i ~ i [jy3 j+p y9g~+ Yca6~ a! n:Sa P # U a sag # ~t5 1~ x}~pig i 5 I 1 'YSEsii&~i 1 i \ 8cd5~34/ / U € ~ 8' pp 41 w W w U w A Q rn ~a 1 1 1 1 O .~.e t3 ~ se;;, ' i LO 1 ~..E ~wyjq fiaEe~ ffoEs :f 3s Ff'x os~6s 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 I. r " V W ~ R WV W i yy ff W0.' C W i CL W~ 0 10.. 2 W ° m o 0°4 ~ U Q Q O~O Q °2 2 mod J xo,W mam ~ W °w~d m a~x Wj 2ti OLy Wy ~W 24 W~ 0 V 0 Q a 3 0 J m,O m-y Om'm Oow ~mx xxO clZ n7 -C x P ~Om m W N aWQ a~x ilia r i4r: • 1 -7if' " . ri_ tF _ '+~!1 .fir .,y//~, - ~ ~ v T A ` yam- . I 2w_-.,. •~ki~ •„~y ~ Ww d R D• j ~g t 711V N_ 3- 7 s r $ 44 J` 41- I % ! a-k 4 . 9 ,mss ~ ~•~4 jD~ ~ ~A.~-i ,tom. 1 1 Y I A. 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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 0, We X i"_S7M MLfIV.ftIU, Ctj 61 a a2 Y°a.4: 4Y10 02e4301 fwA. AIU 026-4364 14 C. 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' W O A V I / ? 4j 4K H efcis4x " v7 .a 3 po ss oo 0 gyp Q/ am c R a s E-+ y h =RS9, z Alt" c z ° 1-4 L~ h y{ ; i 3 J 7A'OBZ - /1 ,9L.lZOO N 18 E o01ivn V~ 101- MA N33N:) 3-100V8dS Mt 30N3GIIS3N'1H30 Site Plan illustrating build envel t ~1 t r r7~~ ~ Al 1/ d f f .fd \ Y / p f f 7 ~ I FJ~ t ✓~J ! )~x f/'( 37 ///J/ii F`Y JI 14 7i 1 { 1 X11, t!t I f jS. J d t t t ' 1 1 / B 1 t r f r ~ i ~ cf / / / .c. / t / ~ t7 Yet t. i / _ tl pt lltf f J Jf/f f f ~ i f~~b J j.f f f f r~~)f~ f / / ~ / l s ji f °t f e tF rt if flt fr. t 1?I 7JJ f f! f / ' !J t> r / f i J 7 I F f 1 f 1/ r / 1 ' 1 T ! .'7 1/ 7 1 E tJ J rr f 1 1 f ~ t 1 7 1 t t I 11~ f It£ f ttl, If t f • 1 1 1 / 1 1 1 1 t 1 1 ! f • f 1 1 ~ f if 1 S `,,f 1J f f; ~t i _ 7 1 1 tt If f f fJi f 71 t/ t~~'O 1 1 `t t f t/ 7 r J f/ J/ 1',*•< / 1 J: /J R / 1 t; >JJff /r/< /<:<J•,f/>// tt /l ,.I -1;f ! f S t f i J:!• //<J JJJ! t t /jf! / ":f <C l< _ rf1 / J//<fI /1 f, ape change 1~--C-IICO-Ic 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 20