HomeMy WebLinkAboutVAIL VILLAGE FILING 1 BLOCK 5B LOT A BELL TOWER CONDO SCHOBER MACFARLAN REMODEL 2007 1 OF 2 LEGALos&tJs{TY E\,ELOF{t8t{t
Design Review Board
ACTIOH FORII{
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2139 fax: 970.479.2452
web: www.vailgov.com
Project Name: BELL TOWER 3RD FLOOR CHANGE
Proiect Description:
DRB Number: DRB080043
FINAL APPROVAL FOR A CHANGE TO THE APPROVED PI-ANS FOR THE BELL TOWER THIRD
FLOOR REMODEL. UPDATE OF THE INTERIOR I.AYOUT AND NEW WINDOWS LOCATIONS,
Participants:
OWNER BELL TOWER PARTNERS LTD
1O1OO N CENTML EXPWY 2OO
DALI-AS
TX 75231
APPLICANT VAG ARCHITECTURE-MIKE MASCAR 0212512008 Phone: 949-7034
PO BOX 1734
VAIL
co 81658
ARCHITECT VAG, INC. ARCH|IECTS & PLANN 0212512008 Phone: 970-949-7034
PO BOX 1734
VAIL
co 81658-1734
License: C000002386
Project Addrcss: 201 GORE CREEK DR VAIL Location:
BELL TOWER CONDOS-2o1 GORE CREEK DR
Legal Description: Lot: Block Subdivision: BELLTOWER CONDO
Parcel Number: 2101-082-6301-3
Comments:
BOARD/STAFF ACTION
Motaon By:
Second Byl
Vote:
Conditionsl
GILLETTE
DANTAS
4-0-0
Action: APPROVED
Date of Approval: 03/20/2008
Cond: B
(PI-AN): 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: 0
(PLAN): DRB approval does not constitute a permit for building. Please consult with
Town of Vail Building personnel prior to construction activities.
Cond: 201
(PLAN): DRB approval shall not become valid for 20 days following the date of
approval, pursuant to the Vail Town Code, Chapter 12-3-3: APPEALS.
Cond: 202
(P|-AN): Approval of this project shall lapse and become void one (t) year following
the date of final approval, unless a building permit is issued and construction is
commenced and is diligently pursued toward completion.
Planner: Bill Gibson DRB Fee Paid: $2O.OO
\'. ll, lt'\lii ': li i,v
Changes To l"hr:l ApprovetJ lrlans
Application for Design R.eview
Oeoartment of Cor" ; i,dnity Dil\€lSprnBr'1,
75 South FrontEge B6;';l \fall, C(':or',do 8;65/
tel: 970.479.2128 l'3x: 9;?0 171).2'152
\.i eb: wwYr. /Sllgov c(rxl
General Information:
Au proiects requiring design review must n:ceivt) approval !';ir to sJi',n1itl:inir a Lltjllclng [rermit appllcat:on' Pteese
refer to the sut,miftar requirenre;i,c tJr lrre partrcurai appro\,,r lrat is ,equ,:sted. An appllcatlon foi D{:sign Rexrew
cannot be orcepted untit a1 requlred ilrFornration is recr?iv,,;,:i uy tr.e :orn'runtry D?v€loprneni Depaftment' The
prolect may atso need to De reviewed by the Totvn Counc,, ,rnd/or ttie Planning and Envifi-:'nl'lental clc)nlmission'
Degign review approval tupi.s untus's a building p*rr',,r, ii'ittu*d and crinsrruction conlnrences within
one year of th.t approval.
Description of the Reqtresr, ?Ju8-I-Ub*.-i(
sf,L-f:srrsgsQg$L.)
q
rr
o)v
@
v
€
(,
+zu
3 Sets of Plans Addressing Prcliect chanqes
Signature of llomeov"ner(s) or AssociatiQn
For 0ffi
Fee Paid:
I'leeting Date:--
Planner:.-
do*
=ftm^t-"-g/ntc:'
ffino=[
FEB 25 2oo8 lt
TOWN oF-vAlt
\
Name(s) of owner(s): .Tkl
Maitins Addr€ss: f'O bc,V=-:laa4-, V .
irirone:
E-mail Addressr andtsl@qelc!illd&I&i$r\ritxi
lype of Review and l:ee;
\g. Ctranges to Approved Plans
Submitta'l Requirernents:
for re'vlsjons tr: plans alrcedy appio/ed by
t)esicn Re!'ie i l:oard.
owner(s) $ignoture(s) I
Name of Aplrlicant:
F 1cd ev\iORM S \P crnr iis\.PlFnni'r 91DRB\dill-c nsln(|e-t3-.s pprovi6-I):i,r I i.-1-!e 'i r - 1 0-1 0-?C' l:i d rc
1*rir'- ':t:lHiii#fi:]Complete I
/ef4tObOa-
WiWftaqej*
Design Review Board elffi'nrfra|'
cofrr.${?Y (trwloPuENn
ACTIOI{ FORltl
Department of Communaty Development
75 South Frontage Road, Vail, colorado 81657
tef: 970.479,2139 fex. 970.479.2452
web: wlw.vailgov,com
Proiect Name: REMODEL - GABLE, SHED ROOFS
Project Description I
THIRD FLOOR REMODEL
DRB Number: DR8070453
Particapants:
OWNER BELL TOWER PARTNERS LTD O8I242OO7
1O1OO N CENTML E(PWY 2OO
DALI.AS
TX 75231
APPLICANT VAG ARCHITECTS-DAVID WIEDER |J8,12712007 Phone: 97G949-7034
PO BOX 1734
VAIL
co 81658
201 GORE CREEK DR VAIL Location: BELL TOWER UNIT R-lProject Address:
l€gal Description:
Parcel J{umber:
Comments:
Lot: Block: Subdivisionr BELLTOWER CONDO
2101-082-6301-3
BOARD/STAFF ACTION
MoUon By:
Second By:
Vote:
Conditaons:
Dunning
Gillett
5-0-0
Action: APPROVED
Date of Approvalz 09 127 12007
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: 0
(P|-AN): DRB approval does not constitute a permit for building. Please consult with
Town of Vail Building personnel prior to construction activities.
Cond: 201
DRB approval shall not become valid for 20 days following the date of approval.
Cond: 202
Approval of this project shall lapse and become void one (1) year following the date
of final approval. unless a building permit is iszued and construction is commenced
and is diligently pursued toward completion,
Cond: 5
(P|-AN): PRIOR TO THE TOWN BUILDING DEPARTMENT CONDUCnNG A FMMING INSPECnON, AN
IMPROVEMENT LOCANON CERTIFICATE (ILC) SHALL BE SUBMNTED TO THE DEPARTMENT OF
COMMUNTTY DEVELOPMENT A MINIMUM OF FORTY-EIGHT HOURS IN ADVANCE OF THE REQUESTED
INSPECNON. ROOF RIDGES AND BUII..DING FOOTPRINT SHALL BE INDICATED ON THE ILC,
6(FE[): pruon ro rHE TowN's IssuANcE oF A TEMFoRARY cERTTFICATE oF occlJPANcY, ALL
DCIERIOR FTNISHES SHAI.I BE @MPLEIED (I.E. SNrcCO, PAINT, Erc.).
Cond: @NfiXXr4o8
The applicant shall use a composit roof material that has been previously approved
by the Tovrrn of Vail DRB.
Sot Hunn DRB Fe€ Pald: $300.00
3. Artinian Residence DRB07-0400 / 15 minutes Scot
Final review of a minor afteration (rooftop terrace, landscaping)
714 West Lionshead Place (Vail Mountain Marriott)/Lot 7, Vail Lionshead Filing 3
Applicant: Ron Artinian, represented by K.H. Webb Architects PC
ACTION: Approved with condition(s)
MOTION: DuBois SECOND: Gilleft VOTE:5-0-{I
coNDriloN(s):
1. This approval does not include the permanently affixed artificial trees as indicated on plans
dated August7,2007.
4. Bell Tower Partners Ltd. DRB07-0453 | 15 minutes Scot
Final review of an addition (3'd floor gable and shed roofs)
201 Gore Creek Drive/part of Lot A, Block 58, Vail Village Filing 1
Applicant: Bell Tower Partners Ltd., represented by VAg Architects
AGTION: Approved with condition(s)
MOTION: Dunning SEGOND: Gillett VOTE:5-0-0
coNDrTroN(S):l. The applicant shall use a composite roof material that has been previously approved by
the Town of Vall DRB.
5. Lionshead Jewelers DRB07-0467 / 10 minutes Scot
Final review of a minor alteration (change to storefront)
555 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1
Applicant: Bob Lazier, represenled by Amad Akkad
ACTION: Tabled to October 3,2007
MOTION: Dantas SEGOND: Gillett VOTE:5-0-0
6. Creekside Condo Association (Laughing Monkey) DRB07-0488 / 10 minutes Scot
Final review of a minor exterior alteration (repaint)
223 East Gore Creek Drive/Lot A, Block 58, Vail Village Filing 1
Applicant: Chuck RosenquisUPeter Switzer, represented by Laughing Monkey, Ghigui Hoffmann
ACTION: Approved
MOTION: Dunning SECOND: Gillette VOTE: 5-0-0
7. Littman/Stephenson Residence DRB07-0487 / 15 minutes Rachel
Final review of a change to approved plans (facade materials changes)
1448 Vail Valley Drive/Lot 18, Block 3, Vail Valley Filing 1
Applicant: Andrew Littman and Robert Stephenson, represented by Snowdon Hopkins Architects, PC
ACTION: Tabled to October 3, 2007
MOTION: Dantas SECOND: Dunning VOTE:5-0-0
8. Montauk DRB07-0414 / 1 minute Bill
Final review of a sign
549 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1
Applicant: Tom Ludwig
ACTION: Table to October 3,2OO7
MOTION: Dantas SECOND: Gillette VOTE:5-0-0
Page2
\ -- -\
Additions-Residential or
Appllcatlon for Dslgn Revlew
D€Fdment of Communlty Dercbpnent
75 Sauth Frmhge Roa6 Vdt Cglqado 81657
tsl! 970,479,2128 f60c 970.{79,X4S2
web: www.rn5gar.com
ry proiary ,Equiring defi$l r€r/itw must re€h,E opprfi,al prhr to srhniuirq a hdtding Fsrmit apdicatiod. please r?ftr b
the sbmlttd ruquir€derts for the pafnlar aprord that b r€qu6bd. - ln apflkldon for Didgn Revierv cannot beacce$d unlil il mquked infDrmatbn is r€cdv€d by Ste Corfirn*fty O€v€lopmerr DepartmenL TIE polrt may aso neeO
to be ratiared by the Tor{il Cilrncl and/a the Hann}ng and Envirodrneotal Commission. Ded,gn |tricw epftral hper
radcm I iuildhrg Psmlt k lrrtd and rnnrtru+dwr omrnencer wllhln orc yerr of thc approval
-
Gener€l Infoflnitlon!
EcErvtrn
AUc 27 2001
A
TOWN OF VAIL
tocsuDnofthcPrupo*h tot:
^ -gock 5-b gubdlvhim.
Phyrtcdtd&ea& 2al Ga.fe CfeglL Dn,"." ,_...- - - .... _
Pampl lfor
^lolbglkzol,
(contafr ragh co. Assessor at 970-32&8640 for parcet no,) €1
Zonlng: Co6nerr';l ( ..,.q, \ V
Nrme ol Appllcantl
MrlllngAd&er*$d.h Ot'lel , rdrt i0 e{g$* ......... . - a)t
$so pr*$r.'. perr$a*tuotdbhr csn trea. A
?Ypeof Ravlwvend fs:tr SISlstr ftnce$tu al Revl€yl
l*ertf CodEtruction
Additirn
Mlnor Alterauofl
(multl-famlv/comnerda'
Mhor ARerauon
(sttUts-fanll y/duplex)
Chames t0 Approrred Hans
s€paratFofl @,ffit
n
.g
g
!
tr
iloFe€ ,-
*650 Fo. constnrtion of a new h^dldng or demo/rebuild. I$m For an additim wtrdre squrre foobg€ i9 add€d to any resklential or f
commerclal hlldirg (tldudes 250 additbns & lrterior mnvershrs).
1250 For mlnor charqEsid ruUrtg *tO stte tmprovemenb, n"n "s,
' r h.
fffSi
palnung, whdoiv addllorE, laiGcaBlng, fences and *o,n*.
\, \
l2,g fur mlnor changes to hrtldrilg6 ard slte lmprovements, stl6h as, \ - t
..T;ff:H, palnung, wlndo\,v addtt{xts, lan<bcaplng, fences and retalnhg
\/L,*20 Fof rr1,|shns b dans already iilrriled by Planning Statr or the Desiqn
R€4/is?r Board.
l{o F€e
ffi:Sdfl: crocnro.,?\!4n( ey:
*", a\t1[(r] DRB$..:
Prorectno.: P@\Q] :O1.$* -
PROPOSED MATERIALS
Tvpe, of Material ColorBuildino Materials
Siding
Other Wall Materials
Fascia
Soffits
Windows
Window Trim
Doors
Door Trim
Hand or Deck Rails
Flues
Flashing
Chimneys
Trash Endosures
Greenhouses
Retaining Walls
Exterior Lighting
Other
Notes:
{t.***.hno"ler€- G&rL
Please specify the manuhcturer's name, the color name and number and attach a color chip.
F:\cdev\FORMS\PermiE\Planning\DRB\drb_addition_1-25-2007.doc pageT of 14
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TOI4'NM
ADDMONS . RESIDENTIAL OR COMMERCIAL
SUBMITTAL REQUIREMENTS
General Information:
This application is required for all proposals involving the addition of GRFA (gross residential floor
area). This includes proposals for 250 additions and interior conversions. See'l'itle 12, Chapter
15 - Gross Residential Floor Area fior specific regulations,
I. SUBMITTALREOUIREMENTS*{.
! All pages of Application is complete
,,El Checklist is completed and signedp Sbmped Topographic Survey*O Site and Grading Plan*tr Landscape Plan*
,El Architecfirral Elevations* (1 set of Redlined elevations)tr Exterior color and material samples and specifications.Jl Architectural Floor Plans* (l set of Redlined floor plans)O Lighting Plan* and Cut-sheet(s) for proposed fixturesF ntle report, including Schedules A & B to veriry ownership and easements*.El Photos of the existing site and adjacent sfuctures, where applicable,
;.El Written approrral from a condominium association, landlord, and joint owner, if
applicableD Sitespecific Geological Hazard Repoft, if applicable*Q The Administrator and/or DRB may require the submission of additional plans,
drawings, specifications, samples and other materials (including a model) if deemed
necessary to determine whether a project will comply with Design Guidelines or if the
intent of the proposal is not clearly indicated,
Please.tabmt lhree (3) copiet o/the ,rulertbk aoled uilt! oz aslerrt* (1.
**For interior conversions with no exterior chanoes, the submittal requirements include a
complete set of existing and proposed floor plans, a tiUe repo( and written approval from a
condominium association, landlord, and joint owner, if applicable.
I have read and understand the above |isted submittat requirements:
Proiect Name:
Contractor Signatu
F: \cdev\FORMS\Permits\Planning\DRB\drb_addition_1-25-2007.doc Page 3 of 14 tLl23/2OO5
Suruey/Site Plan Review Checklist
Department of Community Development
75 South Fronbge Road, Vail, Colorado 81657
tef : 970.479.2128 faxt 970.479.2452
web: www.vailgov.com
*This checklist must be submitted prior to Public Worlc review of a popsed devetopnent
Owners/Project Name:
Project Address:
Applicant:
Submittaly' Stampedsurveyof property- o Civi7site plans
Survev Reouiremenb:
a Surveyor's wet stamp and signatureo Date of surueyo North arrowa Proper scale (1"=10'or 1"=20)o Legal descriptiono Basis of bearings / Benchmarko Spot Elevationso Labeled right of way and property lines;
including bearings, distances and curve
information.o Lot sizeo Build able Area (excludes red hazard
avalanche, slopes greater than 40ol0, and
floodplain)
Site Plan Reouirements:I. Access (check all)o Driveway type and finished surrace are shown on the site plan.o Unheated o Heated (poftion in Row in a separate zone)o snow storage areas are shown on the site plan within property boundaries (30olo of driveway area il
unheated; 10o/o of driveway area if heated)o All driveway grades, dimensions, radii are clearly noted on the site plan and conform to Development
Standards, p. 11. Steepest Section Driveway Grade (not the average grade):_o Parking spaces and turning radii are noted on site plan and conform to Development Standards,
pp.12&14
U. Construction Site (check all)o Location of all utilities and meter pi$ are shown on the site plan.o Limits of disturbance construction fencing is shown on the site plan.tr I am aware that approved Staging and Construction Traffic Control Plans, as per the Manual of
Uniform Traffic C.ontrol DeviceE will be necessary prior to construction.o I am aware that a Revocable Right of Way Pennit will be required prior to construction.
o Landscape plan
iil \fle Repoft (Section B)
o Environmental Hazards (ie, Rock fall, debris
flow, avalanche, wetlands, floodplain, soils)o Watercourse setbacks (if applicable)o Treesq Labeled easemenb (i.e. drainage, utility,
pedestrian, etc...)o Topography
Ct Utility locationso Adjacent roadways labeled and edge of
asphalt for both sides of the roadway shown
for a minimum of 250' in either direction
ftom propefi.
F:\cdev\FORMS\Permits\Planning\DRB\drb_addirion_1-25-2OO7.doc Page 12 of 14 LU23l2OOs
III. Drainage (check all that apply)o The required Valley Pan is shown on the site plan as per Development Standards, p. 12.o (Note: Valley pan must not be heated)o 4 Foot Concrete Pan a I Foot C.oncrete pano Positive and adequate drainage is maintained at all times within the proposed site.o Culverts have been provided and are labeled and dimensioned on the site plan.o A Hydraulic repoft has been provided. (As requested byTown Engineer)
IV. Erosion Control (Check all that apply)o Disturbance area is greater than one half acre.o A separate Erosion Conkol Plan has been professionally engineered and PE stamped.a Less than one half acre has been disturbed, and proper erosion control devices are shown on the site
plan.
V. Floodplain (check all that apply)a The project lies within or adjacent to a 100 year Floodplain,o 100 year Floodplain is shown on the site plan.o A Floodplain study has been provided. (Required if floodplain is within construction limits or as
requested by Town Engineer)o The project does not lie within or adjacent to a 100 year Floodplain
VI. GeologicauEnvironmental Hazards (check all that apply)o The project lies within a Geologi{Environmental Hazard area. (See Development Standards, p, 20)o A Hazard Report has been provided
/ th" project does not lie within a Geologic/Environmental Hazard area.
VII. Grading (check all that apply)o Existing and proposed grades/contours are provided on the site plan.a All disturbed areas have been returned to a 2:1 grade.o All disturbed areas not returned to 2:1 grade have been Professionally Engineered with slope
protection and/or stable soils. PE stamped details are provided within plans.
2/ Only existing contours are shown on the site plan, there is no proposed grading.
VIIL Parking (check all)o All residential and commercial parking spaces conform to the Development Standards, pp, 12&15.
IX. Retaining Walls (check all that apply)o All retaining walls conform to the standards in the Development Standards, p. 19.o All retaining walls and combination walls over 4 feet have been Professionally Engineered and a PE
stamped detail has been provided within the plans.o All retaining walls are shown on the site plan, with labeled top and bottom of wall elevations and type
of wall construction.y' no retaining walls are required for this project.
X. Sight Distance (check all that apply)o Proper sight distance has been aftained and shown on site plan as per Development Standards, p.12.o Proper sight distance has not been attained. Explanation why:
Additional Comments
Please provide any additional commenb that pertain to Public Works Review.
Applicantssignaturil
F:\cdev\FoRMS\Permits\Planning\DRB\drb_addition_1-25-20o7.doc page 13 of 14 tUZ3tZOOs
,,,r*.,,"r lb't Stld'dd, 6}5$ffi.o$hfu?.of?.
^HM,&ffi
D I uffiertta|d uat minor nodfutbrs n y be r*de b ilte plans otnr ths.au5e of the rwiewp|ess lo er''{ e anplhnce w:th the To,rn! @dbbte des and rq{iadat,rot5,
itt izir//t2)E)
O I rq,uej't tla( att tm-tbr u otlriltyise, wlld are nade to the flans otm the ourxof the rsiew pws, be bmwhtto my atrention by the iNtant for aditianel ap@wt beforcundergqiq futtlw tevfav hy AE fown
mffi)
Anrrican Land Titlc Association Corunitsnent - I 992
TITLE INSURANCE COMMITMENT
BY
rstewartt____.> flfle guAranty company
OrderNumber: BellTower
We agree to issue policy to you according to ths rcnns of the Conrmitncnl When we show thc policy amount and
your natnc as thc proposcd insucd in Schedule A, this Comniunent beconps effcctive as of the Commitnrcnt Date
sbown in Schcdulc A.
If thc Rcquircnrcub shown in ihig Commibncnt havc not b€en met within six months aftcr thc Comnitnent Date, our
obligation under ftis Coqrrritmt will cnd. Also, our obtigation undcr this Corrnitrrnt will end when thc policy is
issued and thcn our obligation to you will be under thc policy.
Our obligntion undcr thir Cornmitrrcnt is limited by the following:
Thc Provisions in Schedule A.
. The Rcquirccrcnts in Schedule B-I.
Thc Exceptions in Schedulc B-II.
Thc Conditions on Prge 2,
This Commitn:cnt is not valid without SCHEDULE A and Scctions I snd II of SCHEDULE B.
THIS COMMNMENT IS NOT AN ABSTRACT, EXAMINATTON. REPORT OR REPRESENTATION OF FACT ORTITLE AND DOES NOT CREATE AND SIIALL NOT BE THE BASIS OF ANY CLATM F1OR NEGLIGENCET
NEGLICINT MISREPRT,SNffATIOIY OR O|IHER TORT CI,I\IM OR ACTION. THE SOLE LTABILITY OF
COMPANY AND ITS TITLE INSURANCE AGEN.T SHALL ARTSE UNDER AND BE GOYERNEI' BY PARAGRAPH
4 OF THE CONDINONS.
IN WITNESS WHEREOF, Stewart Title Gueranty Conpany has caurcd its corporatc nunc and scal lo bc hereunto
affixcd by its duly authorized ofliccrs on the date shown in Schcdute A.
rstev\rert' .r . gi,arrntyco?rphy
ffi
Stewart l'i c of Colorado - Vall Division
97 Main St., Suite W-201
Edrvards, CO 81632
OrderNumber: BellTower
2 Commitrncnt -
Countcrsigned:
COMIVtrTMENT FOR TITLE INSURANCE
SCHEDULE A
l. Effectlve Date: June 29,2UJ7 at 8:00 a.m. Order No.: BellTower
2. Policy or Pollcies To Be Issued: Amount of Insurance
(e)A.L.T.A. Owner's
@) A.L.T.A. Loen
Ihe estate or interest lu the lrnd descrlbed or referrcd to In thic Commitment end covered hereln ls:
Fee Simple
Tltle to the Fee Simple estate or lntercst ln sald lsnd ls rt the elfective drte hereof vested ln:
BELL TOWER PARTNERS, LTD.
The lend referred to in this Commitment ls described rs follows:
Condominium Unit R-l
BELL TOWER CONDOMINII.'MS
According to the Condominium Map recorded January 16, 1989 in Book 498 at Page 704 as
Reception No. 394895 and as defined and described in the Condominium Declaration recorded
January 16, 1989 in Book 498 at Page 703 as Reception No. 394894.
COUNTYOFEAGLE
STATE OF COLORADO
Purportcd Addre$:
201 Gore Creek Drive Condominium Unit
RI
Vail, Colorado 81657
ETBWART TIII,E
GUARANTY COMPA!ry Conrnitnrnt - Schcdulc A
Pagc I of I
STATEMENT OF CTARGES
These charges atc duc and PaYable
before r Policy cen be issucd:
SEARCH FEE: $150'00
COMMITMENT FOR TITLE INSURANCE
SCIIEDULEB-Section I
REQUIREMENTS
Order Number: BellTower
The following are the requirements to be complied with:
l. Paynort to er for the account of the gmnto(s) or mortgagor(s) of the firll considcration for the
estato or int€f,est to be insured.
2. Proper instrumort(s) creating the estate or interest to be insured must bc cxecut€d and duly filed
for record, to wit:
3. NONE,THIS REPORT HAS BEENPREPARED FORIMORMATIONAL PIJRPOSES
ONLY.
TTDWARI TITLI
GUARANTY COMPANY
Cotrrnitnpnt - Schcdulc B !
Prtc I of I
OrdrrNqnbcr: BcllTo$/q
COMMITMENT X'OR TITLE INSURANCE
SCHEDIILE,B-Section 2
EXCEPTIONS
Order Number: BellTower
The policy or policles to be lsrued will contrin ercepdons to the following unless the grme ere dlsposed of to
the satisfectlon ofthe Company;
L Rights or claims of parties in possession, not shown by the public records.
2, Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in are4 encroachments, or any facts, which a
correct survey and inspection of the premises would disclose, and which are not shown by the public
records,
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter fumished, imposed by
laws and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created first appearing in the
public records or attaching subsequent to the effective date hereof, but prior to the date the proposed
insured acquircs of record for value the estate or interest or morlgage thereon covered by this
commitment.
6. Unpatented mining claims, reservations or exceptions in patents, or an act authorizing the issuance
thereof; water rights, claims or title to water.
7. Any and all unpaid taxes urd assessments and any unredecmed tax sales.
8. Any and all assessments or expeffies which may be due and payable to Bell Tower Condominium
Association.
9, The cffect of inclusions in any general or specilic water conseryancy, fire protection, soil conservation
or other district or inclusion in any water service or street improvement area-
10. Reservations or exceptions contained in U.S. Patents, or in Acts authorizing the issuance thereof,
recorded September 4, 1923 in Book 93 at Page 98, reserving l) Rights ofthe proprietor ofa vein or
lode to extract and remov€ his ore therefrom and 2) rights of way for ditches and canals constructed
under the authority ofthe United States.
11. Protective Covenants for Vail Village First Filing, recorded August 10, 1962 in Book 174 ilPage 179
as Reception No. 96381.
12. All matters shown on tho plat of Vail Village First Filing,
13. All matters as shown on the Condominium Map of Bell Tower Condominiums recorded January 16,
lrDwARt Trrl,t ordrr Numbcr: Bclllo$rr
CUARANTY COMPAI{Y
Commiln|.r - Schcdulc B Z
P.gc I of2
1989 in Book 498 at Page 704 as Reception No. 394895,
14. Condominium Declaration for Bell Tower Condominiums recorded lanuary 16, 1989 in Book 498 at
Page703 as Reception No -394894.
15. Right of First OfferAgreemcnt by and between Bell Tower Partners LTD urd Belltower LLC recorded
October lE,2005 as ReceptionNo. 933516.
16. Agreement and Grant of Teinporary Easement regarding Sr€etscape Utility and Snowmelt
Improvemonts recorded Febnrary 7, 2007 as Reception No. 2W703489.
17. Agrecment Permitting Encroachment recorded January26,2007 as Reception No. 200702221.
18, Type Itr Employee Housing Unit Restrictive Covenant recorded May 16, 2fi)l as Reception No.
757173.
19. Any and all existing leases and tenancies.
ATEWARI AITLE
GUARANTY COMPANY
CommitrrE1t - Schcdulc B 2
P.Ee 2 of 2
Ordcr N||mbtr! Bll,To$cl
DISCLOSURES
Pursuant to C.R.S. l0-l l-122, noticc is hueby given that:
A. THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECI,AL TAXING DITITRICT;
B. A CERTIFICATE OF TA)(ES DUE LISTING EACH TAXING TRISDISIION SHALL BE OBTAINED
FROM THE COI.'NTY TREAST'RER OR TIIE COI.'NTY TREASURER'S AUTIIORIZED AGENT;
C. INFORMATION REGARDING SPECIAL DISTRICTS AND TTTE BOUNDARIES OF SUCH DISTRICTS
MAY BE OBTAINED FROM THE BOARD OF COTJNTY COMMISSIONERS, THE COUNTY CLERK AND
RECORDER, OR THE COUNTYASSESSOR
NOTE: Colorado Division of Insurance Regulations 3-5- l , Paragaph C of Article Vll requircs tbat "Evcry title entity
shall be responsible for all mattcrs which appear of record prior to thc time of rccording whenever the title
cntity conducts the closing and is responsiblc for rccording or filing of legal documents rcsulting from thc
hansaction which was closcd." hovided that Stewert Title of Colorado - Vail Division conductg the closing of
the insured rensaction and is responsiblc for reccding the legal documents from the bansaction, cxception
number 5 will not appcar on the Owner's Titte Policy and the Lender's Title Policy when issued,
NOTE: Allirmative Mechanic's Licn hotection for the Owner may bc availablc (tpically by deletion of Exccption No.
4 of Schedulc B, Scction 2 of thc Cornminnent from the Owner's Policy to be issucd) upon cornpliancc with the
following conditions:
A. The land described in Schedulc A of this commitnent must be a single-family rcsidence, which includes a
condominium or townhouse unil
B, No labor or materials have been fumished by mechanics or nntericlmen for purposes of construction on the
land dcscribed in Scbcdule A of this Commitrnent within the past 6 months.
C. The Conpany must reccive an appropriate affidavit indernnifying the Company against unfiled Meohanic's
and Materialrncn's Licns,
D, The Company rnust rcccive payment of thc appropriate premium.
E. U there has becn constructio4 improvements or major repairs undertaken on the property to bc purchascd,
within six months prior to the Date of tbe Commi8nent, the requirements to obhin ooveragc for unrccorded
liens witl include: disclosure of certain construclion information; financial inforrnation as to thc scllcr, the
builder and/or tho oontactor; payment of the appropriate premium; fully exccutcd Indemnity agreetn€nts
satisfactory to the company; and, any additional requirements as may be necessary aller an cxamination of
the aforesaid information by thc Company.
No covcrage will be given undcr any circumstanccs for labor or matedal for which the insured has contracted for or
agreed to pay.
NOTTITNG HEREIN CONTAINED WILL BE I'EEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY
or THa covE,RAcEs REFERRED TO IIERDTN, LJI\LESS TIIE ABOVE CONDITIONS ARE FULLY
SATISFIf,D.
Stcrytn l'itlc ofcolorado - Vril Divisirn Fll3 Nrmb.r: Bcllfower
Disclorurct
MINERAL DISCLOSURE
OrderNo: BellTower
To comply with the provisions of C.R.S. 10-ll-123, the Company makes the following
disclosure:
(a) That there is recorded evidence that a mineral estate has been scv€red, leased or
otherwise convcyed from the surfacc estate and that there is a substantial likolihood that a
third party holds somo or all interest in oil, gas, other minerals, or geothermal energy in
the property; and
ft) Tha-t such mineral eslate may include the right to enter and use 0re property without the
surface owner's permission.
NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE
TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED
MINERALS.
Src\rrrt Titlc ofcolo{ado - Vsil L}iyisiotl Fll. Numbcr: llcll'l'owcr
Mincrel Dirclolnc
Rev. 07/2001
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramnr'Leaoh.Bliley Act (GLBA) generally prohibits any financial institution, directly or
through its afliliat€s, from sharing nonpublic personal information about you with a nonaffiliated third
party trnlcss thc institrtion provides you with a notice of its privacy policies and practioes, such as thc
type of information that it collects about you and the categories of persons or entities to whom it may be
disclosed. In compliancc with the GLBA, we are providing you with this documenl which notifies you of
the privacy policics and practices of Stewart Title Guennty Comprny.
We may collect nonpublic pcrsonal information about you from the following sources:
r lnformation we receive from you, such as on applications or other forms.
r lnformation about your hansactions wc secure from our files, or from our affiliates or oth€rs.
r Information we rcccive from a consumcr reporting agcncy.
r Information that we receivc from othcrs involved in yow transaction, such as the real estate agent
or lender.
Unless it is specifically $tated otherwise in an arnended Privacy Policy Notice, no additional nonpublic
pcrsonal information will bc collectcd about you.
We may disclosc any of the above information that we collect about our customers or former customers
to our affiliates or to nonaffiliated third parties as pcrmittcd by law.
We also may disclose this information about our customers or former customers non affiliated companies
that perform serviccs on our behalf.
WE DO NOT DISCLOSE ANY NOMUBLIC PERSONAL INFORMATION ABOUT YOU WITH
ANYONE FOR ANY PI'|RPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to know
that information in ordcr t,o providc products or serviccs to you, We maintain physical, elcctronic, and
proccdural safeguards that comply with federal regulations to guard your nonpublic persona[ information.
Some states give you the right to acccss and conect nonpublic pcrsonal information. You may contact us
in writing at out Home Offrce, if your state law givcs you tbis right.
Rcviscd 6/05
Privacy Policy Notice
PURPOSE OFTIIISNOTICE
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or
through its affiliatcs, from sharing nonpublic pcrsonal information about you with a nonafliliated third
party unless the institution providcs you with a nolice of its privacy policies and practices, such as the
type of information that it colleots about you and the categorics of persons or entities to whom it may be
disclosed. In compliance with 0rc GLBA, we are providing you with this doqument, which notifies you of
thc privacy policies and practiccs of Stewert Title of Coloredo - Vail Division.
We may collect nonpublic personal information about you from thc following sources:
r Information wc reccivc from you, such as on ap'plications or other forrns.
r Informatim about your tsansactions we securc frorn our files, or from our affiliates or otbers.
. Information we rcceive from a consumcr reporting agcncy,
o Information that we receive from othcrs involved in your hansaotion, such as the r€al estate agcnt
or lender.
Unless it is speoifically statcd otherwise in an amended Privacy Policy Notice, no additional nonpublic
personal information will bc collected about you.
We may disclose any of the above information that we collect about our customers or former customers
to our afliliatcs or to nonaffiliated third parties as permitted by law.
We also may disclosc this information sbout our customers or former customcrs non affiliated companies
ttrat perform services on our behalf.
WE DO NOT DISCLOSE AI..ry NONPTJBLIC PERSONAL INFORMATION ABOUT YOU WITH
ANYONE FOR ANYPURPOSE THAT IS NOT SPECIFICALLYPERMITTEDBYLAW.
We reshict access to nonpubtic personal information about you to thosc cmployees who need to know
that infonnation in order to provide products or services to you We maintain physical, electronic, and
procedural safeguards that compty with federal regulations to guard your nonpublic personal information'
Some states give you the right to acccss and correct nonpublic personal information. You may contact us
in writing at out Home Office, if your state law gives you this right'
Revised 6/05
CONDITIONS
I. DEFINITIONS
(a) "Mortgage" neans mortgage, deed oftust or other security inshumenl O) "Public Records"
mcans title reoords that give constructive notice of matters affecting your title - according to the
state statutcs where your land is locatcd.
2. II\ITRDEI'ECTS
Thc Exccptions in Schedule B - Scotion lI may bc anrcndcd to show any defeots, liens or
encumbranccs that appcar fo'r thc lirst time in the public records or arc crcrted or attached between
thc Commitrncnt Datc and thc datc on which all of thc Requiremcnts (a) and (c) of Schedule B -
Section I are mct. We shall have no liability to you bccause of thie amendmcnt.
3. EXISTING DEI'ECTS
If any defccts, liens or cncumbrances existing at Commitrrcnt Datc are not shown in Schedule B, we
may amend Schcdulc B to shown them. If we do amend Schedule B to show these defects, liens or
encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this
information md did not tell us about it in writing.
4. LN{ITATION OF LIABII.ITY
Our only obligation is to issue to you lhe policy referred to in this Commitment when you have met
its Rcquirements. If we have any liability to you for any loss you incur bccause of an error in thie
Corunitsnent, our liability will be limited to your actual loss caused by your rclying on this
Comminrrcnt when you acted in good faith to:
Comply with ttre Requirements shown in Schcdulc B - Section I.
or
Eliminate with our written consent any Exceptions shown in Schedule B - Section II.
We shall not be liable for more than the Policy Amount lhovm in Schedule A of this Commitrnent
and our liability is subject to the terms ofthe Policy form to be issued to you.
5. CLAIMS MUST BE BASED ON THTS COMMITMENT
Any claim, whether or not based on negligence, which you may have against us conccming thc titlc
to the land must bc based on this Commitment and is subject to its terms.
OrderNumber: BelJTower
2 CommitrEnl - 215 W,o Dircloswc
a Va^lUiI tSl-
*,fot
9
Planning and Environmental Commisson
ACTIOH FON.FI
Deparbrent of Commufl ity tlevelcpment
75 South Frontage Road, vail, Colsrado 81657
teh 970.479.2139 tex1 970.479-2452
web: www.rdilgov.com
Project Name: BELLTOWER3RD FLOOR
Project Description:
FINAL APPROVAL FOR A MAJOR EffERIOR ALTEMTION FOR THE THIRD FLOOR REMODEL
Participants:
OWNER BELL TOWER PARTNERS LTD O7IL72OO7
1O1OO N CENTML EXPWY 2OO
DALLAS
TX 75231
APPLICANT VAG ARCHITECTS-DAVID BAUM 071L712007 Phone: 970-99-7034
PO BOX 1734
VAIL
co 81658
ProjectAddress: 20lGORECREEK DRVAIL Locauon: BETITOWERUNITR-1
legal Description: lot: Block: Subdivision: BELLTOWER CONDO
Parcel Number: 2101{82-6301-3
Comments:
BOARD/STAFF ACTIOil
PEC Number: PEC070046
Action: APPROVED
Date of Approvah 08127 12007
Motion By:
Second By:
Vote!
Conditions:
Kjesbo
Cleveland
5-0-0
Cond: 8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail sbff and/or the appropriate review committee(s).
Cond: 3fi)
PEC approval shall not be not become valid for 20 days following the date of
approval.
Cond: CON0009319
The Applicant shall be required to provide a building code and fire code analysis
with any submittal for building permit
Cond: CON0009320
The Applicant shall resolve all issues regarding drainage from teh odsting and
proposed building on to adjacent properties; the provision of gutters, downspouE
and other drainage metods may be required as revisions to building permit set of
drawings, with any building permit application.
Crnd: CON0009321
The Applicant shall ensure that all new materials, sizet textures, detailing and
colors blend with or compliment those materials not being replaced and that any
portons of the buiHlng in need d repralr and/or repla€nent are irduded in the
sope o ftlris project in onjuncdon wllft any Design Reviar application.
Cond: CONflD9322
The Applkant shall be required b submlt a detaihd and llnal lBhting plan showing
all exis0ng Em fifures b be tenro\Gd, as wdl as all lsv flxture locations,
fixture types and lurpn{ouHr$ sud plan shottld be mrnpanied by ott $eets br
eadr prcposed ftdlre.
Pbnner: Sd Hunn PEC Fec PaH: $fl)0.00
Major Exterior Alteration
Application for Review bY the
Plannino and Environmental Commission
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2128 f ax:, 970.479.2452
web: www,vailgov.com
General Information:
All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a
builiing permit applicauon. Fbase refer to the submittal requirements for the particular approval that is requested'
An appiication foi 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 Feel
$6s0
$400
$6s0
$800
$1s00
$2s0
$1300
$so0
$200
Description of the Request:
<)
rn
n
3
oo
fD Rezoning $1300tr Major Subdivision $1500D Minor Subdivision $650B ExempUon Plat $650E Minor Amendment to an SDD $1000E New Special Development District $6000[J Major Amendment to an SDD $6000E Major Amendment to an SDD $1250
(no exterior modifications)
Cl Conditional Use Permit
tr FloodplainModificationfl Minor Exterior Alteration
,/ Maior F:<terior Alteration- tr Development Plan
O Amendrnent'to a Development Plan
tr zoning Code AmendmentE VarianceD Sign Variance
Location of the Proposal:
Physical Address:
Parcet No.: ztol bb?hlQ]3 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)
Zoning:
Name(s) of owner(s): Br{ 1br^r.r Pqf+ntca LTD
Mailing Address:
Owner(s) Signature(s):
Name of Appli".nt, t:qrVll Four*'t
Mailing Address:
E-mail Address:
iiilifr"":.W
UI
\Y f.\l{-1
VAg, Inc.
Architects & Planners
Monday, July 16,2007
Bill Gibson
AICP Planner II
Town of Vail
75 South Frontage Road
Vail, CO 81657
Re: Design Intent, Bell Tower Third Floor Remodel
Dear Bill:
Thank you for the opporhrnity to address our request for a "Major Exterior Alteration' application with regard to the pEC for
the Bell Tower Building in Vail. It is our intent that this letter will detail and clarifi what we believe is the intent of this
request.
The Owner's aad desip team associated with the Bell Tower Building endeavor to corrylete an interior renovation and
exparuion of the third floor residence. tn doing so, it is our intention to provide the Owner's with adequate light and space to
allow the residence to rise to the level conparable others found througfiout the village. This will be done through the
additions ofdormers (cbanges to the roof line) and the expansion and redesign of the interior layout tlnough the .?50
Addition" GRFA bonus allowed in CCl.
We appreciate your consideration of this issue; please do not hesitate to contact us with any questions or corments.
Sincerely,
VAg, Inc., Architects & Plarmers
David Baum, Senior Project Architect
fi lc: R:\O$cAdnm\Fornrs\ForArchitecrs\LetterTemptalc doc
PhysicalAddress:
90 Benchmark Rd., Suite 202
Avon, ('O 81620
(970) 949-7034
l'ax: (970) 949-8134
gen eral(a,:vagarchi tecls.com
6it2/ol
Mailing Address:
P.O. Box 1734
Vail, CO 81658-1714
#:
I wrtrr
,.1
Bell Tower
Adiacent Property Owners
North-East of Pronerty
OwnerlManager:
CREEKSIDE CONDO
VAILMANAGEMENT
PO BOX 6130
AVON, CO 81620
Physical Address:
223 E GORE CREEK DR
VAILAREA
Legal Description:
CONDO: CREEKSIDE CONDO
East ofPropedv
Owner/lVlanager:
GASTHOF GRAMSHAMMER INC
23I E GORE CREEK DR
vArL, co 81657
Physical Address:
23I GORX CREEKDR
VAILAREA
Legal Description:
CONDO: CRKSD CONDO-GASTHOF
GRAMSHAMMER DESC: GASTHOF
GRAMSHAMMER PARCEL R6561 58 MAP
05-13-98
South ofProgertv
Owner/IVlanager:
LODGETOWERCONDO
STAN COPE
2OO VAILRD
VAIL, CO 81657
Physical Address:
I74 E GORE CREEKDR
VAIL AREA
Legal Description:
CONDO: LODGE APT CONDO
West of Property
Owner/l\4anaser:
l
..1
GORE CREEK PLAZA
POBOX742
VAIL, CO 81658
Physical Address:
193 GORE CREEKDR
VAILAREA
Legal Description:
CONDO: GORE CREEK PLAZA
o
I
tt\v.-.\t{-l
VAg,Inc.
Architects & Planners
Transmittal:
Project Name: Bell Tower Third Floor Remodel
Date: Monday, August 20, 2007
RE: Major Exterior Alteration
FROM: David Baurn
TO: Scott Hunn
CC:
VAg, lnc. Architects & Planners
Town of Vail
Proiect No: 2708.00
We are sending via hand delivery the following:
Memo
-
L,etter X Drawings Specifications
Other
Description:
(2) 30x42 A0.3A. A0.3B. A3.1. A3.2 Building Heisht Analvsis. Prooosed Elevations
for review & comment as requested for your use & information
Other
Remarks:
Physical Address:
90 Benchmark Rd., Suite 202
Avon, CO 81620
(9'to) 949-7034
fax: (970) 949-8134
ernail: general@vagarchit€cts.com
Mailing Address:
P.O. Box l?34
Vail. CO 81658- 1734
Frcm: Bill GibsonTo: Scot HunnDate: 0712012007 2:48 PM
Subject Fwd: Bell Tower submittal
Attachments: Bell Tower C5.pdf; Bell Tower R1.pdf; TOV Owner Approval Letter.pdf
>>> "David Baum' <davidb@vaoarchitecb.com> 07lt712007 12:21 PM >>>
Bill:
I apologize for the gaps in the submittal.
Per our @nversation, VAg will:
* Submit the title reports for both Third Floor and Bay Windows,
see attachedi Submit the Condo letter of approval for both Third Floor and Bay
Windows, s€e attached* Submit the Third Floor roof height plan, forthcoming under
separate email cover* Submit a sun/shade analysis for the Third Floor roof alteration,
acceptable to be submitted on Zl8* Submit applicatons with O/vners signatJres for both Third Floor
and Bay Windows (both are out of their ofFrces today) and will submit
imrnediately upon receipt.
Thanks for your cooperation on resolution of these issues.
David Baum
Senior Project Architect
davidb@vaoarchitects.com <blocked: : mailto:davidb@vaoarchitects.com>
VAg, Inc.
Architects & Planners
970.949.7034 PO Box 1734
970.949.8134 fax Vail, CO 81658-1734
The preceding e.mail message (including any attachments) contains
informaton that is confidential and is protected by architect-client or
other privileges, or constitutes non-publh information. It is intended
to be conveyed only to the designaGd recipient(s). If you are not an
intended recipient of this message, please notiry the s€nder by replying
to this message and then delete it from your system. Use, dissemination,
distribuuon or reproduction of this message by unintended recipients is
not authorized and may be unlawful.
From:
To:
Datel
Subjectr
Attachments:
>>> "David Baum" <davidb@vaoarchitects.com > 07 /1812007 10:45 AM >>>
Bill:
Attached please find our sun/shade study for the proposed Third Floor
Remodel at the Bell Tower Building. As you can see, the effects of the
proposed changes are minimal in terms of their impact.
Please feel free to contact me with any questions or comments. Thanks.
David Baum
Senior Project Architect
davidb(Ovagarchitecb.com < blocked: I mailto:davidb@vagarchitects.com>
VAg, Inc.
Architects & Planners
970.949.7034 PO Box 1734
970.949.8134 fax Vail, CO 81658-1734
The preceding e-mail message (including any attachments) contains
information that is confidential and is protected by architect{lient or
other privileges, or constitutes non-public information. It is intended
to be conveyed only to the designated recipient(s). If you are not an
intended recipient of this message, please notify the sender by replying
to this message and then delete it from your system. Use, disseminaton,
distribution or reproduction of this message by unintended recipients is
not authorized and may be unlawful.
Bill Gibson
Scot Hunn
0712012007 2:49 PM
Fwd: Sun/Shade Study, Third Floor Remodel, Bell Tower
2708-Bell Towerjun Study 002,pdf; 2708_Bell Tower-Sun Study 001.pdf
2700_8€|l To'r€r_sun Sludy_Oe 21_1o5lnjpg
?7oE-Bell Tow€r_Sun Sludy-D.c 21_zpm.jpg
27q0_B.ll To{B_sun Study_Jull. 21_1otn ip!
2106_A0I To*€r,Sun Study_D6 2l l0amjpg
270E-Bs I Tovyor-Sun Snrdy_Dec 21-29nl.€
2ZOE_Brll Tow€r-Sun Sludy_Jun. 21_l0.m.lpg
ft
ll-1
VAg . ln".
The Bell Tower Third Floor Remodel
Sun Study July 18th 2007
o
Majcr f !fterior Alteration
Applhation for Review by the
Plannlno and Environmental Commission
OiFrtnlenf of Coflt|rur*f lMilrdfi
75 Sourh Frc.lag€ RoBd, vai!, Co&{ado 81657
tdr 9?0.4?9"?t28 hr: 970179.245?
rceb: sntr}r'.vtll!tr,com
Gangral Informetlonr
A[ prDtech raq*trB t'lnnniry ard Envirmrnentd gBrnmislon rerhn rnurt receive appraval prh. to Subtr*ltrr€ a
hriidFq perrfiit $p$crfion. pb*se r.fcr to $* iilbfiBffil fwurcmer{5 fur ti}c SEfttsrrtu atprcval $ld it reg*esred.
,qn app|!c$b* fur Hnrr{ry sd lorhsnnentd Cot*r*$ttqn revifn €a'{,!s. be erep{€d ur{]l a|| tsquir€d ;n{arc'6bBn
b mceiyed S tfe Coormuniti Oeerbp.m{* D8Farh?srl" fne protstl fiBy eEo ne€d to be ruivi*rred bf the Town
Cou6ctl ardlor rhe Deslgn R€v*€ry! Sorrd,
Type of AEplleuon and Fe€:
n RGr€$*q $1300 ilH t4$psubdtlrisbfi tr500 DCl I'lim. $rbdiri$on *950 nO €xc SEn Plat $650 Btr Mimr &r:n6n€nt to aa sDD t1000 nE New Sgerd ostcbF art OisLnd t5m0 ED lthJar,qflBldnEnt ld aa 500 t6000 OD $rror&r€ndr€nt $o an sDB i1250 tr
{ns are*F",r}od&3nb.nl tl
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Fkr@iltn lviodtftrfbn
ttioor B{er}or Alft tethn
l4ljor e{prlor AltEratlon
Dertbpn€nt Pl6n
Arwdrn€nl b a D€|l€bpmani ilan
Zortrq Co# Araerdmertt
Variance
Slgn Variulcs
r$50
t4tr0
*650
$8'10
$15@
$250
t r3so
$ss
$'?0s
D.rcripuonof th€Req-u6t;
-SOff:.J,.-
Sl"af ff@
orrJ q.kl {btfs.
Phtri€af *ddilssl
Par€€l t{o.: ?t-o log 165 ol I (corecl EagF co. A,ss.ssor at 970-328-85{0 for Frcel na.)
Zonlng:t-afrrrr.nl C!'fi, L
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t{ailing lddre€3:
Own€r(r) Sl gnatur€(r):
f{rm€ nf *pplhrntl
E-mail Addre$s:
Locatron nf th€ propofatr t"gtr A*
o
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8 I llndcr*alad fM $rep'r etcrs/ralb'la" rrw he rlxt*, t, FE det1s d# tlp clwe ofntie r€r{by
pe?$td drln rc {s*pikrret *M rrnr,4*ntM rw€c ffdrqg*frr*im*
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American Land Title Association Cotnmitrncnt - 1982
TITLE INSURANCE COIVIMITMENT
BY
rstewartt*--*--. >tltle guaranty company
OrderNuurber: BellTower
We agree lo issue policy to you according to the tcrms of the CommitrDt. When we show the policy amourt and
yout nanre as the proposed insurcd in Schedule A, this Conrniunent bBconEs cffectivc as ofthc Cormitmcnt Date
shown in Schedule A.
If the Requirements shown in this Commitncot havc nol bccn met wi rin six months after dre Commirnent Date, ow
obligation under tbis ConuniureDt will end. Also, our obligation under this Collrnifi|enl will end whcn thc Policy is
issucd and then our obligation to you will be under thc Policy.
Our obligation undcr this Comrnitrrent is limited by the following:
The Pmvisions in Schcdule A.
. Thc Requiremcnts in Schedule B-I.
Thc Exceptions in Schcdule BJL
Tbc Conditions on Page 2.
This Conrnitnent is not valid widrout SCHEDULE A and Sections I and II of SCHEDULE B.
THIS COMMITMENT IS NOT AN ABSTRACT, EXAMINATION, REFORT OR REPRESENTATION OF FACT OR
TTTLE AND DOES NOT CREATE AND SHALL NOT BE THE BASIS OF ANY CLAIM FOR NEGLIGENCE,
NEGLIGENT MISREPRESENTATION OR OTHER TORT CLAIM OR ACTION. THE SOLE LIABILITY OF
COMPANY AND ITS TITLE INSURANCE AGENT SIIALL ARISE UNDER AND BE GIOVERNED BY PARAGR,APH
4 OF THE CONDITIONS.
IN WITNESS WHEREOF, Stewart Title Guaralty Conpany has causcd its corporate name and scal to b€ hcreunto
affixed by its duly autborized officers on the date shown in Schsdule A.
[ste\ /artL+ tttto cn...l'ty cornF ry
ffi
Stewart Ti e of Colorado - Vail Division
97 Muin St., Suite W-201
Edwards. CO 81632
Order Number: BellTower
I of 2 Cont nittltgnt - 235 w/O Ditclorurr
Countersigred:
o
CECOMIIIITMENT FOR TITLE INSURAN
SCHEDULE A
l. E fectlve Date: June 29,2007 at 8:00 a.m.
2. Policy or Pollciee To Be Issued:
(r) A.L.T.A. Owner's
Order No.: BellTower
Amount of lnsursnce
(b) A.L.T.A. Loan
Thc cstate or interest in the lend descrlbed or referred to ln this Comrnitment and covered herein ls:
Fee Simple
Tltle to the Fee Simple estrte or interest ln said lond is at the effective drte hereof vested in:
BELL TOWER PARTNERS. LTD.
The land referred to in this Commitnrent is described os follows:
Condominium Unit R-l
BELL TOWER CONDOMINIUMS
. According to the Condominium Map recorded January 16, 1989 in Book 498 at Page 704 as
Reception No. 394895 and as defined and described in the Condominium Declaration recorded
January 16, 1989 in Book 498 at Page 703 as Reception No. 394894.
COUNTYOFEAGLE
STATEOF COLORADO
Purported Address:
201 Gore Creek Drive Condominium Unit
RI
Vail, Colorado 81657
TEWART TM,E
CUARANry COMPAI{Y Co|rmitns)t - Schcdulc A
Pegr I of I
STATDMENT OT'CHARGES
Thcsc charges arc due and Payable
before a Policy can be issued:
SEARCH FEE: $150,00
COMMITMENT FOR TITLE INSIJRANCE
SCIIEDULEB-Section I
REQUIREMENTS
Order Number: BellTower
The following are the requirernents to be complied with:
|. Payment to or for the acoount of the granlo(s) or mortgago(s) of the ftrll consideration for the
estale or interest to bs insured.
2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly ftled
for record, to wit:
3. NOM, TI{IS REPORTHAS BEENPREPAREDFOR IMORMATIONAL PI.JRPOSES
ONLY.
JIWARTfl'rl.B
CUARANTY COMPANY
Cormilrnq - Schcdulr B I
Psgc I of I
Ordcr NrmbGr: BcllTots
COMMITMENT FOR TITLE INSURANCE
SCHEDIJLEB-Section2
EXCEPTTONS
Order Number: BellTower
The polteX or policles to be issued wilt contain excepdons to the following unless tbe srme ere disposed of to
tbe satisfaction of the Company:
1. Rights or claims of parties in possession, nol shown by the public records.
2. Easements, or claims of easemants, not shown by the public records'
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachmentq or any facts, which a
"o*"i r,r*ry and inspection of the premises would disclose, and which are not shown by the public
records,
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by
laws and not shown by the public records.
5, Defects, liens, encumbrances, adverse claims or other matters, if any, created first appearing in the
public records or attaching subsequent to the efFective date hereof, but prior to the date the proposed
insured acquircs of recorrd for value the estate or interest or mortgage thereon covered by this
commitment.
6. Unpatented mining claims, reservations or exceplions in patcnts, or an act authorizing the issuance
thereof; water rights, claims or title to water.
7. Any and all unpaid taxes and assessments and any unredcemed tax sales.
8. Any and all assessments or expenses which may be due and payable to Bell Tower Condominium
Association.
9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation
or other district or inclusion in any water service or street improv€ment area.
10. Reservations or exceptions contained in U.S. Patents, or in Acts authorizing the issuance thereo[,
recorded Septernber 4,1923 in Book 93 at Page 98, reservhg l) Rights oflhe proprietor ofa vein or
lode to extract and rernove his ore therefrom and 2) rights ofway for ditches and canals construct€d
under the authority of the United States.
11. Protective Covenants for Vail Village First Filing, recorded August 10, 1962 in Book 174 atPage 179
as Reception No. 96381.
12. All matters shown on the plat of Vail Village First Filing.
13. All matters as shown on the Condominium Map of Bell Tower Condominiums recorded January 16,
atBgARf TfTt.5 ordr Numb'r! ficllTo$'cr
GUARANTY COMPANY
Commitncnt - Schcdule B 2
Prgc I of2
1989 in Book 498 at Page 704 as Reception No. 394895.
14. Condominium Declaration for Bell Tower Condominiums recorded January I 6, 1989 in Book 498 at
Page 703 as Reception No. 394894.
15. Righf of Fint Offer Agreement by and between Bell Tower Partners LTD and Belltower LLC recorded
October 18, 2005 as Reception No. 933516.
16, Agreement and Grant of T€mporary Easement regarding Streetscape Utility and Snowmelt
Improvem€nls rocorded February 7,2007 as Reception No. 200703489.
17. Agreement Pcrmitting Encroachment rccorded January 26,2007 as Reception No .200702221'
18. Type III Employee Housing Unit Restrictive Covenant recorded May 16, 2001 as Reception No.
757173.
19. Any and all existing leases and tenancies.
TTIIART TTTI,E
GUARANTY COMPAM
Conrmit r|Gnt - Schcdulc B 2
Ptgc2 of 2
Ord.r Numbcr: BcllTowcr
DISCLOSURES
Pursuant to C,R.S. l0-l l-122, notice is hereby given that:
A. THE SUBJECT REAL PROPERry MAY BE LOCATED IN A SPECIAL TAXING DISTR]CT;
B. A CERTIFICATE OF TAXES DUE LISTING EACH TAXING ruRISDICTION SHALL BE OBTAINED
FROM TIIE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENTI
C, INFORMATION REGARDING SPECIAL DISTRICTS AND TTIE BO{.INDARIES OF SUCH DISTRICTS
MAY BE OBTAINED FROM THE BOARD OF COTINTY COMMISSIONERS, THE COUNTY CLERK AND
RECORDER, OR THE COTJNTYASSESSOR
NOTEI Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity
shall be responsible for all matters which appcar of record prior to the time of recording whenever the title
entity conducts the closing and is responsible for recording or filing of legal documents resulting from the
transaction which was cloJed." Provided that St€wart Title of Colorado - Vail Division conducts the closing of
the insured transaction and is responsible for recording the legal documents from the tansaction, exception
number 5 will not appcar on the Owner's Title Policy and the Lendcr's Title Policy when issued,
NOTE: Affrrmativc Mechanio's Lien Protectjon for the Owner may bc available (typicslly by deletion of Exception No.
4 of Schedule B, Section 2 of the Commitnent from the Owno's Policy to be issued) upon cornpliance with the
following conditions:
A. The land described in Schedule A of this cornmitment must be a single-family residence, which includes a
condominium or townhouse unit.
B. No labor or materials have been furnished by mechanics or nraterialmcn for purposes of construction on Orc
land described in Scbcdule A of this Committncnt within the past 6 months.
C. Ttre Conpany must reccive an appropriate affidavit indenrniSing the Cornpany against unfiled Mcchanic's
and Matcrialmen's Liens.
D. The Company must receive paymcnt of the appropriate prcmium.
E. If there has becn consfuction, irnprovements or major repairs undcrtaken on the property to be purchased,
within six months prior to the Date of the Cortmitment, the requirements to obtain goverage for unrecorded
liens will include: disclosure of oertain construction information; financial information a$ to the seller, the
builder and/or th€ contaclor; payment of the appropriate premium; fully exccutcd Indennity agrcemcnts
satisfactory to the company; attd, any additional rcquirements as may bc necessary aftet an exatnination of
the aforesaid information by the Cornpany.
No coverage will be given undcr any circumstances for labor or material for which the insured has contacted for or
agreed to pay.
NOTHING IIEREIN CONTNI{ED WILL BE DEEMED TO OBLIGATE TIIE COMPAIYY TO PROVTDD' ANry
OT' TIrE COVERAGES RDI:ERRED TO HTREIN, TJI{LESS TgE ABOVE CONDITIONS ARE FT'LLY
SATISFIED.
Stcwan fitk of Colffado - Vail Divi.riott FU!.Numb3r: Bcll fower
Dfuclo3ur€3
MINERAL DISCLOSURE
Order No: BellTower
To comply with the provisions of C,R.S. 10-ll-123, the Company makes the following
disclosure:
(a) That there is recorded evidcnce that a mineral estate has been severed, leased or
otherwise conveyed fiom the surface estate and that thcre is a substantial likelihood that a
third party holds some or all interest in oil, gas, other minerals, or geolhermal energy in
the property and
(b) That such minerat estate may include the right to enter and use the property without the
surface owner's permission.
NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE
TITLE COMMITMENT HEREIN INCLUIIES AN EXCEPTION FOR SEVERED
IVTINERALS.
Stcwsrt Titlc of Colomdo - Vail Divisiorr Fll. Nrmbcr: Eall'l'owsr
Mincral Disclosur€
Rcv.0?/2001
oa
Privacy Policy Notice
PT'RPOSE OFTHISNOTICE
Title V of the Gramm-Leach-Bliley Aot (GLBA) generally prohibits any financial institution, directly or
tlnough its affrliates, from sharing nonpublic personal information about you with a nonaffiliatcd third
party unless the instiution provides you with a notice of its privacy policies and practices, such as the
type of informatio[ that it collects about you and the categories of persons or entities to whom it may be
disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of
the privacy policies and precttces of Stewart Title Guaranty Compony.
We may collect nonpublic personal information aboul you from the following 6ources:
r lnformation we receive from you, such as on applications or other forms,
r lnformation about your tansactions we sccure from our files, or from ou! affiliates or others'
r Infornution we receive from a consumer repotting agency.
o Information that we receive from others involved in your tansaction, zuch as the real cstate agent
or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic
personal information will be collected about you.
We may disclosc any of the above information that we collect about our customcrs or former customers
to our affiliates or to nonaffiliated third parties as pcrmitted by law.
We also may disclose this information about our customers or former customers non affiliated cornpanies
that perform services on our bchalf.
WE DO NOT DISCLOSE ANY NOMUBLIC PERSONAL INFORMATION ABOI.TT YOU WITH
ANYONE FOR ANYPURPOSETHATIS NOT SPECIFICALLY PERMTTED BY LAW'
We restrict aocess to nonpublic personal information about you to those employees who need to know
that information in order to provide products or scrvices to you. We maintain physical, etectronic, and
procedural safeguards that comply with fcderal regulations to guard your nonpublic personal information.
Some states give you Ore right to access and correct nonpublic personal information. You may contact us
in writing at out Home Office, if your state law gives you this right.
Revised 6/05
oo
Privacy Policy Notice
PTJRPOSE OF TIIIS NOTICE
Title V of the Gramm-Leach-Bliley Act (GLBA) genera'lly prohibits any financial institution, directly or
through its affiliates, from sharing nonpublic personal information about you with a nonaffiliatcd third
party unlcss thc institution providcs you with a notice of its privacy policies and practices, such as the
type of information that it collects about you and the categones of persons or cntities to whom it may be
disclosed. In compliance with the GLBA, we are provrding you with this document, which notifies you of
the privacy policies and pmctices of Stewert Title of Colorado - Vsil Division.
We may collect nonpublic personal inforrnation about you from the following sources:
r Information we receive from yotr' such as on applications or other fotms,
r Information aboul your transactions w€ secure frorn our frles, or from ow afliliates or others.
r Information we receive from a consumer reporting agcncy.
r Information that we receive from others involved in your transaction, such as the real estatc ag€nt
or lender.
Unless it is specifically strrted othsrwise in an amended Privacy Policy Notice, no additional nonpublic
personal information will be collectcd about you.
We rnay disclose any of the above information that we gollcrt about our customerc or formcr customers
to our affiliates or to nonaffiliated third parties as permitled by law,
We also may disclose this information about our customers or fonner custorners non affiliated cornpanies
Orat psrform services on our behalf.
WE DO NOT DISCLOSE ANY NOMUBLIC PERSONAL INFORMATION ABOUT YOU WTTH
AI.IYONE FOR ANYPURPoSE THAT IS NOT SPECIFICALLY PERMITTED BY LAw'
We restrict access to nonpublic personal information about you to thosc ernployees who need to know
that information in order to provide produots or sewiccs to you. We maintain physical, electronio, and
proccdural safeguards that cornply with federal regulations to guard your nonpublic personal information.
Somc stales give you the right to access and correot nonpublic personal information. You may contsct us
in writing at out Home Office, if your state law gives you this right.
Revised fl05
o o
CONDITIONS
I. DEFII\TITIONS
(a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records"
mcans titlc rcoords that give constnrctivc notice of matters affecting your titlc - according to the
state statutes where your land is located,
2. LATERDEI'ECTS
The Exceptions in Schedulc B - Scction II may be amended to show any dcfects, licns or
encumbrances that appear for the first time in the public records or are created or attached bctween
the Comrnitrnent Date and thc date on which all of the Requirements (a) and (c) of Schedulc B -
Section I are met. We shall have no liability to you because of this amendment'
3. E}ilSTING DEFECTS
If any defects, liens or encumbrances existing at Commitment Datc are not shown in Schedule B, we
may amend Schedule B to shown them. If we do amend Schedule B to show these defects, liens or
encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this
information and did not tell us about it in writing.
4. LIMITATIONOFLIABILITY
Our only obligation is to issue to you the policy rcferred to in this Commitment when you have met
i15 Rcquirenrnts. If we have any liability to you for any loss you incur because of an crror in this
Commitment, our liabitity will be limited to your actual loss caused by your relying on this
Cornrnitment when you acted in good faith to:
Comply with the Requirerncnts shown in Schedule B - Section I-
OI
Eliminate with our writtcn cons€nt any Exceptions shown in Schcdule B - Section II.
Wc shall not be liable for more than the Policy Amount ihown 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 TIIIS COMMITMENT
Any clairq whether or not based on negligenoe, which you may havc against us conceming thc title
to thc land must be based oo tbis Cornmihnent and is subjcct to its t€rms.
Order Number: BellTower
2 of 2 ConmitrrEnl - 235 w/O Dilcloruc
THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE lS 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 August 13,2007, at 1:00 pm in the Town of Vail Municipal Building, in
consideration of:
A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-
7, Amendment, Vail Town Code, for proposed text amendments to Sections 12-68-2,
12-68-3, 12-6C-2, 1 2-6C-3, '12-6D-2, 1 2-6D-3, 12-13-4, Vail Town Code, to allow a Type
ll employee housing unit as a permitted use, and to eliminate a Type ll employee
housing unit as a conditional use, in the Single-Family Residential (SFR), Two-Family
Residential (R), and Two-Family Primary/Secondary Residential (PS) districts, and
setting fo.rth details in regard thereto. (PEC07-0042)
Applicant: Town of VailPlanner: Bill Gibson/Nina Timm
A request for a final review of an amended final plat, pursuant to Chapter 13-12,
Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to a
shared property boundary, located at 3816 and 3826 Lupine Drive/Lots 8 and 9, Bighorn
Subdivision 2d Addition, and setting forth details in regard thereto. (PEC07-0045)
Applicant: June FrazierPlanner: Bill Gibson
A request for a final review of an exterior alteration or modification, pursuant to Section 'LVL
12-78-7, Exterior Alterations or Modifications, Vail Town Code, to allow for an exterio, {$F t a1
renovation and the remodel of the third floor residence, located at 201 Gore Creek Drive ..l2Jr | ,(
(Bell Tower Building)/Lot A, Block 58, Vail Village Filing 1, and setting forth details in | | f
regard thereto. (PEC07-0046)
Applicant: Bell Tower Partners, Ltd., represented by VAG, Inc., Architects and
PlannersPlanner: Scot Hunn
A request for a final review of a conditional use permit, pursuant to Section 12-6D-3,
Conditional Uses, Vail Town Code, to allow for the construction of a Type ll Employee
Housing Unit, in association with the construction of a new residence, located at 1107
and 1109 VailValley Drive/Lots 7 and 8, Block 6, VailVillage Filing 7, and setting forth
details in regard thereto. (PEC07-0047)
Applicant: Donna Giordano, represented by VAG, Inc., Architects and Planners
Planner: Bill Gibson
A request for a final review of an exterior alteration, pursuant to Section 12-78-7,
Exterior Alterations or Modifications, Vail Town Code, to allow for the addition of bay
windows, located at 201 Gore Creek Drive (Bell Tower Building)/Lot A, Block 58, Vail
Village Filing 1, and setting forth details in regard thereto. (PEC07-0048)
Applicant: Herman Staufer, represented by VAG, Inc., Architects and PlannersPlanner: Bill Gibson
Page 1
--?lt
',.: 'l
N.'
A request for a final review of a floodplain modification, pursuant to Chapter 14-6,
Grading Standards, Vail Town Code, to allow for improvements to an approximately two-
mile length of the Gore Valley Trail, from Sunburst Drive to Bighorn Road, and a
conditional use permit, pursuant to Section 12-8-C3, Conditional Uses, Vail Town Code,
to allow for the relocation of a paved, non-motorized bicycle path and pedestrian
walkway, located on Tract A, Vail Valley Filing 4 and unplatted properties, (a complete
legal description is available for inspection at the Town of Vail Community Development
Department), and setting forth details in regard thereto. (PEC07-0049)
Applicant: Town of Vail, represented by Gregg Banie
Planner: Scot Hunn
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 970479-2138 lor additional information.
Sign language interpretation is available upon request, with 24-hour notification. Please
call 970-479-2356, Telephone for the Hearing lmpaired, for information.
Pubf ished July 25, 2O07, in the Vail Daily.
Page2
o
the
cale
o
amount of office use square
Commissioner Jewitt asked Mr. Wright what he believed the public benefits would be of the
proposed major amendment to Special Development District No. 4, Cascade.
Jen Wright stated that having the affordable housing on site, stream tract upgrades, replacement
of the office on site, and improvements to the pedestrian circulation in conjunction with Ever Vail.
Commissioner Cleveland asked if this redevelopment proposal was dependent upon the Ever
Vailproject.
Mr. Wright responded that their plan was viable if Ever Vail does not proceed forward.
Commissioner Kjesbo asked to what extent deviations to the existing zoning would be
requested.
Mr. Wright responded that they would be asking for minimal deviations as part of the amendment
to the SDD.
Mr. Campbell clarified that the proposal would likely be asking for deviations for setbacks for the
underground parking. At this point in the process the plans were not developed enough to
determine what other deviations might be needed. He concluded by stating that there was no
underlying zoning in place so deviations would likely be based upon the changes from the
approved development plan that is in place.
Commissioner Pierce stated that he liked the apparent low density of the project and the
stepping down of the building masses as the project moved westward.
Commissioner Cleveland stated that he would expect that all new employee housing
requirements be met or exceeded on the site. He added that he was concerned about parking
into stream and CDOT setbacks; should design/plan site to fit all improvements within site and
required setbacks.
Jim Lamont, representing the Vail Village Homeowners Association, stated his overall support of
the project and suggested that this development be made part of the currently established
Lionshead TIF district (for Lionshead Redevelopment).
Commissioner Cleveland asked staff and the applicant to look into what the current deficit of
parking (required) throughout SDD No, 4 was as it was his belief there was an existing deficit.
Jay Peterson, representative of the applicant, stated that he believed that the parking deficit has
been taken care of relative to previous development of Cascade Village.
15 minutes
3. A request for a final review of an exterior alteration or modification, pursuant to Section 12-78-7,
Exterior Alterations or Modifications, Vail Town Code, to allow for an exterior renovation and the
remodel of the third floor residence, located at 201 Gore Creek Drive (Bell Tower Building)/Lot A,
Block 58, Vail Village Filing 1, and setting forth details in regard thereto. (PEC07-0046)
Applicant: Bell Tower Partners, Ltd., represented by VAG, Inc., Architects and Planners
Planner: Scot Hunn
ACTION: Approved with condition(s)
SECOND: Cleveland
for Ever Vail. The goals of
footage and to respect the s
project will be to retain the existing
of the surrounding area.
MOTION: Kjesbo
Page2
VOTE: 5-1-0 (Pierce opposed)
Conditions:1. The Applicant shall be required to provide a building code and fire code analysis
with any submittal for building permit.2. The Applicant shall resolve all issues regarding drainage from the existing and
proposed building on to adjacent properties; the provision of gutters,
downspouts and other drainage methods may be required as revisions to
building permit set of drawings with any building permit application.3. The Applicant shall ensure that all new materials, sizes, textures, detailing and
colors, blend or compliment those materials not being replaced and that any
portions of the building in need of repair and/or replacement are included in the
scope of this project in conjunction with any Design Review application.4, The Applicant shall be required to submit a detailed and final lighting plan,
showing all existing light fixtures to be removed, as well as all new fixture
locations, fixture types and lumens/output; such plan should be accompanied
by cut sheets for each proposed fixture.
Commissioner Gunion recused as her architecture firm is working on the project.
Scot Hunn gave a presentation per the staff memorandum.
Christie D'Agostino, the project architect, gave a presentation on the project.
Jim Lamont asked if adjacent property owners had been notified and if any concerns were raised
regarding the obstruction of views.
Commissioner Cleveland asked staff to clarify how the building improvements comply with the
height restrictions.
Mr. Hunn stated that the Applicants and staff had used the most current methodology for
calculating height; specifically that the Applicant was permitted to interpolate "existing grades"
around the structure, and to measure proposed improvements based on existing or proposed
grades (whichever is worse) around or within the structure.
Commissioner Pierce suggested that the shed dormer proposed for the North facing roof plane
be shifted to the West to help with the massing of the building; specifically, that the dormer not
be engaged with the East fagade exterior wall plane.
30 minutes4 A request for a final review of a major exterior alteration, pursuant to Section 12-7H-7, Major
Exterior Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the
Rucksack Buibing, located at 288 Bridge StreeULot D, Block 5A, Vail Village Filing 1, and setting
forth details in regard thereto. (PEC07-0039)
Applicant: Jeffrey Selby, Charles Rosenquist and Richard Brown, represented by Jay Peterson
Planner: Scot Hun
ACTION: Approved with condition(s)
MOTION: Kjesbo SEGOND: Viele VOTE: 6-0-0 (Pierce recused)
Conditions:
1. The Applicant shall resolve, to the satisfaction of the Town of Vail Chief Building
Official and/or Fire Marshal, any and all issues related to egress from a public
exit at the rear of the building prior to any submittal for building permit.
o
(Gunion recused)
Page 3
TO:
FROM:
DATE:
SUBJECT:
Applicant:
Planner:
MEMORANDUM
Planning and Environmental Commission
Community Development Department
August 27,2007
A request for a final review of a Major Exterior Alteration or
modification, pursuant to Section 12-78-7, Exterior Alterations or
Modifications, Vail Town Code, to allow for an exterior renovation
and the remodel of the third floor residence, located at 201 Gore
Creek Drive (Bell Tower Building)/Lot A, Block 58, Vail Village
Filing 1, and setting forth details in regard thereto. (PEC07-0046)
BellTower Partners, Ltd., represented by VAg, Inc., Architects and
Planners
Scot Hunn
SUMMARY
The Applicant, Bell Tower Partners, Ltd., represented by David Weider and David
Baum, VAg Inc., have requested afinal review bythe Town of Vail Planning and
Environmental Commission of the proposed plans for a Major Exterior Alteration
to the Third floor of the BellTower building, specifically Unit R-1, located in the
Commercial Core 1 (CC1) zone district of Vail Village. (A vicinity map is attached
as Attachment A). The remodel and addition project includes:
o Re-configuration of the main living (floor) area of Unit R1 , including
reduction in GRFA due to addition of public access storage area
o Loft level floor area expansiono Addition of new roof element(s) on south and north sides of the building
and replacement of existing roof materials for entire structure;
o Creation of two balconies, one engaged in the south facing roof and one
located on the east elevation.
Review is requested with regard to compliance of the proposed improvements
relative to master plan recommendations, specific design guidelines and Code
requirements applicable to any re-development of this prominent site. To this
end, Staff has prepared a written analysis summarizing the requirements and
guidelines outlined in:
o The Town's Zoning Regulationso The Town of Vail Land Use Plano The Vail Village Master Plano The Vail Village Urban Design Guide Plan
il.
Requested Outcome
The intended outcome of this meeting is for the Commission to take formal action
on the development application, citing certain applicable findings and criteria as
the basis for approval, approval with condilions, or denial of the application.
To this end, Staff is recommending approval, with conditions, of the Major
Exterior Alteration for the Bell Tower Condominium Building - Unit R1, as
detailed in Section lX of this memo.
DESCRIPTION OF THE REQUEST
Purpose of Review
The purpose of this meeting is to review final plans for a major exterior remodel
and addition for Unit R-1 relative to the zoning regulations, master plan
documents, as well as any site specific design guidelines outlined in the Vail
Village Master Plan, the Vail Village Urban Design Guide Plan and the Town of
Vail Streetscape Master Plan Addendum.
Project Overview
The attached plan sets (Attachment C) generally indicate proposed
improvements including but not limited to:
Third Floor Levelo Interior renovation to existing space (no net loss of existing EHUs or
bedrooms) with minimal exterior impacts (elimination of one exterior
door and associated sidelight on south elevation.. Creation of vaulted space at existing living room, new window wall
and associated open gable roof element.o 120 sq. ft. reduction in GRFA due to addition of public access
storage area
Loft Levelo Interior renovation to existing space (no net loss of existing bedrooms). 52 sq. ft. expansion/addition inclusive of: expanded and
reconfigured floor space, pursuant to Section 12-15-4: Interior
Conversions.r Creation of balcony and associated shed dormer roof element at
bedroom (south elevation).. Creation of new windows and associated shed dormer roof element at
bedroom (north elevation).r Creation of sitting area and new balcony on east elevation.
In addition, the Applicant has provided calculations on the plan set relative to
gross residential floor area (GRFA) within the existing and proposed structure
(Attachment C). Briefly (in part):
Decrease
120 sq. ft.*"
Existinq
Total 5,468 sq. ft.*
Proposed
5,326 sq. ft.
Note:
Existing GRFA for building is legal non-conforming.
Total reduction in GRFA for Unit R 1 is a resull of creation of 'public access storage' area
(nol counted in GRFA).
Of note is the actual reduction in overall gross residential floor area (GRFA)
proposed as a result of the creation of additional "public access storage" area.
Also, the loft level expansions will not be counted toward Gross Residential Floor
Area, as these improvements are permitted pursuant to Section 12-'154, Interior
Conversions.
The Applicant proposes this renovation in order to gain a more functional floor
plan and improve the quality of the residential use within the unit. There are two
employee housing units (EHUs) existing, attached to this residential unit; no net
loss of existing employee housing units is proposed with this remodel.
Final review of the Bell Tower Condominium Building - Unit R1 re-development
project will address regulations and guidelines provided in the following planning
documents:
o A maior exterior alteration application pursuant to section 12-78-7 of Title
12, Town of Vail Municipal Codeo Town of Vail Municipal Codeo The Town of Vail Land Use Plano The Vail Village Master Plan;o The VailVillage Urban Design Guide Plan;
o The Town of Vail Streetscape Master Plan Addendum
BACKGROUND
The Project
This project represents the comprehensive interior renovation of Unit R-1, Bell
Tower Building, LotA, Block 58, VailVillage, Filing 1. This development site is
generally located in the Commercial Core 1 zone district, within the historic Vail
Village, at the mid-block section of Gore Creek Drive and adjacent to the
Children's Fountain Plaza. This area is further identified within the "Mixed Use"
land use designation of the Vail Village Master Plan (Land Use Plan), and is
more specifically addressed as part of the "Commercial Core 1 Sub-Area #3'.
This sub-area is described (in part) as follows:
"The core area, with it's predominantly Tyrolean architecture, ls the sfe of
the earliest development in Vail. Over time, a need to upgrade and
improve infrastructure such as loading and delivery facilities, drainage,
paved surfaces and other landscape features has become apparent.
Many improvements to public spaces will be addressed as paft of an
overall sfreetscape improvement project. There is also the potential to
initiate a number of these improvements in conjunction with private sector
development projects."
It.
tv.
Building History and Existing Gonditions
The Bell Tower building, originally constructed in the mid-late 1960's as the
"Schober Building' (named for the developer, Mr. Manfred Schober), has been
remodeled several times starting in 1973 to add, expand, renovate or reconfigure
existing commercialand/or residentialspace and was further subdivided in 1989
to create the "Bell Tower Condominiums". ln 2001, the second floor
commercial/office uses were converted to residential uses. The combined total
area of the site (Lot A) is approximately .14 acres (6,098 sq. ft.) in size.
Building Height and Guide Plan Conformance
In 1990, plans for a major exterior alteration on the top floor (Unit R-'l) were
denied. The plans proposed the addition of a fifth floor on the north side of the
building, and creating a prominent flat roof element. At that time, it was
determined that the existing buiHing was non-compliant with the Town's height
regulations; calculations indicated that approximately 51o/o of the building was
over a maximum allowed height of 33'; the Guide Plan allows a maximum of 40o/o
of the building to be between 33' and 43'.
ROLES OF THE REVIEWING BOARDS
The purpose of this section of the memorandum is to clarify the responsibilities of
the Planning & Environmental Commission, Design Review Board, Town
Council, and Staff with regard to applications submitted on behalf of the
Applicant(s).
A. Exterior Alteration/Modification in the Gommercial Core I zone
district
Order of Review:
Generally, applications will be reviewed first by the Planning and
Environmental Commission for impacts of use/development and then by
the Design Review Board for compliance of proposed buildings and site
planning.
Planninq and Environmental Commission:
The PEC shall review the proposal for:- Conformance with development standards of zone district- Lot area- Setbacks- Building Height- Density- GRFA (if applicable)- Site coverage- Landscape area- Parking and loading- Compliance with the goals and requirements of the Vail Village
Master Plan, the Streetscape Master Plan, and the Vail
Comprehensive (Land Use) Plan- Compliance with the Vail Village Urban Design Guide Plan and
Vail Village Design Considerations with respect to the following:- Pedestrianization
- Vehicular penetration- Str€etscaoe framework- - Street enclosure- Street edge- Building height- Views- Service/delivery- Sun/shade analysis
Action/Responsibility:
The Planning and Environmental Commission is responsible for final
approval/denial of a Major/Minor Exterior Alteration. The Planning and
Environmental Commission shall review the proposal for compliance with
the adopted criteria. The Planning and Environmental Commrlssion's
approval "shall constitute approval of the basic torm and location of
improvemenb including siting, building setbacks, height, building
bulk and mass, sife improvemenF and landscaping."
Desiqn Review Board:
Action: The Design Review Board has no review authority on a Major or
Minor Exterior Alteration, but must review any accompanying Design
Review Board application. The Design Review Board does however
make a recommendation to the Planning and Environmental Commission
on any deviations proposed to the architectural design guidelines
prescribed in the Vail Village Master Plan as well as the Vail Village
Urban Design Guide Plan.
The DRB is responsible for evaluating the proposal for:- Architectural compatibility with other structures, the land and
surroundings- Fitting buildings into landscape- Configuration of building and grading of a site which respects the
topography- Removal/Preservation of trees and native vegetation- Adequate provision for snow storage on-site- Acceptability of building materials and colors- Acceptability of roof elements, eaves, overhangs, and other
building forms- Provision of landscape and drainage- Provision of fencing, walls, and accessory structures- Circulation and access to a site including parking, and site
distances- Location and design of satellite dishes- Provision of outdoor lighting- Compliance with the Vail Village Urban Design Guide Plan and
design considerations
W;
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
V.
the applicable master plans and site specific design guidelines. Staff
provides a staff memo containing background on the property and
provides a staff evaluation of the project with respect to the required
criteria and findings, and a recommendation on approval, approval with
conditions, or denial. Staff also facilitates the review process.
Town Council:
Actions of Design Review Board or Planning and Environmental
Commission may be appealed to the Town Council or by the Town
Council. Town Council evaluates whether or not the Planning and
Environmental Commission or Design Review Board erred with approvals
or denials and can uphold, uphold with modifications, or overturn the
board's decision.
APPLICABLE PLANNING DOCUMENTS
Town of Vail Municipal Code. Title 12 Zoninq Requlations
Chapter 7 - Commercial and Business Districts, Article B, Commercial Core 1
(CC1) District (in part)
12-78-1: PURPOSE:
The Commercial Core 1 District is intended to provide sites and to maintain the
unique character of the Vail Village commercial area, with its mixture of lodges
and commercial establishments in a predominantly pedestrian environment. The
Commerciaf Gore 1 District is intended to ensure adequate light, air, open
space, and other amenities appropriate to the permitted tyPes of buildings
and uses. The District regulations in accordance with the Vail Village Urban
Design Guide Plan and Design Considerations prescribe site development
standards that are intended to ensure the maintenance and preseruation of
the tightly clustered arrangemenE of buildings fronting on pedestrianways
and public greenways, and to ensure continuation of the building scale and
architectural qualities that distinguish the Village.
12-78-7: EXTERIOR ATIERAflONS OR MODIFICAIIONS (in paft):
A. Subject To Review: The construction of a new building, lhe alteration of an
existing building which adds or removes airy enclosed floor area, the
alteration of an existing building which modifies exterior rooflines, lhe
replacement of an existing building, the addition of a new outdoor dining deck or
the modification of an existing outdoor dining deck shall be subject to review by
the Planning and Environmental Commission (PEC) as follows (in part):
5. Hearing: The public hearing before the planning and environmental
commission shall be held in accordance with section 12-3-6 of this title. The
planning and environmental commission may approve the application as
submitted, approve the application with conditions or modifications, or deny the
application. The decision of the planning and environmental commission may be
appealed to the town council in accordance with section 12-3-3 of this title.
12-78-20:VAILVILLAGE URBAN DES/GN PLAN (in paft):
A. Adoption: The Vail Village Urban Design Guide Plan and design
considerations are adopted for the purposes ol maintaining and preseruing the
character and vitality of the Vail village (CC|) and to guide the future
alteration, change and improvement in CCl district. Copies of the Vail village
design guide plan and design considerations shall be on file in the department of
community development.
Chapter 11 - Design Review
12-11-1: PURPOSE (in part):
C. Design Review: Therefore, in order to preserve the natural beauty of the
town and its setting, to protect the welfare of the community, to maintain the
values created in the community, to protect and enhance land and property, for
the promotion of health, safety, and general welfare in the community, and to
attain the objectives set out in this section; the improvement or alteration of open
space, exterior design of all new development, and all modifications to existing
development shall be subject to design review as specified in this chapter.
Town of Vail Municipal Code. Title 13 Subdivision Requlations
13-1-2: PURPOSE (in part):
A. Statutory Authority: the subdivision regulations contained in this Title have
been prepared and enacted in accordance with Colorado Revised Statutes title
31, article 23, lor the purpose of promoting the health, safety and welfare of the
present and future inhabitants of the Town.
Chapter 6 - Condominium and Townhouse Plats
13-G1: PLAT APPROVAL PROCEDURE (in paft):
A. General Qualifications: Condominium and townhouse plats which do not
constitute "conversions" from rental as defined in section 13-7-2 of this title may
be approved by the administrator, subject to department of public works review.
Vail Land Use Plan
The Vail Land Use Plan was initiated in 1985 and adopted in 1986 by the Vail
Town Council. The main purpose of the Land Use Plan is two-fold:
1. To articulate the land use goals of the Town.2. To serve as a guide for decision making by the Town.
The Vail Land Use Plan is intended to serve as a basis from which future land
use decisions may be made within the Town of Vail. The goals, as articulated
within the Land Use Plan, are meant to be used as adopted policy guidelines in
the review process for new development proposals. In conjunction with these
goals, land use categories are defined to indicate general types of land uses
which are then used to develop the Vail Land Use Map. The Land Use Plan is
not intended to be regulatory in nature, but is intended to provide a general
framework to guide decision making. Where the land use categories and zoning
conflict, existing zoning controls development on a site.
Goals and Policies (in part):
1.0 GeneralGrowth/Development
1.1 Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses fo
serue both the visitor and the permanent resident.
1.2 The quality of the environment including air, water and other natural
resources should be protected as the Town grows.
1.3 The quality of development should be maintained and upgraded
whenever possible.
1.4 The origtnal thema of the old Vllage Core should be canied into new
development in the Wllage Core through continued implementation of
the Urban Design Guide Plan.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (intill areas).
2.0 Skier/TouristConcerns
2.1 The community should emphasize its role as a destination resoft while
accommodating day skiers.
3.0 Commercial
3.4 Commercial grovvth should be concentrated in existing commercial areas
to accommodate both local and visitor needs.
3.5 Enteftainment oiented busr''ness and cultural activities should be
encouraged in the core areas to create diversity. More nighftime
busi''nesses, on-going events an d sanctioned'street h appeni ng s" should
be encouraged.
4.0 Village Core / Lionshead
4.1 Future commercial development should continue to occur primarily in
existing commercial areas. Future commercial development in the Core
areas needs to be carefully controlled to facilitate access and delivery.
4.2 lncreased density in the Core areas is acceptable so long as the existing
character of each area is preserved thorough implementation of the
Urban Design Guide Plan.
4.3 The ambiance of Vail Village is impoftant to the identity of Vail and
should be preserved. (scale, alpine character, small town feeling,
o
mountains, natural setting, intimate size, cosmopolitan feeling,
environmental quality.)
5.0 Residential
5.1 Additional residential grovvth should continue to occur pimarily in existing,
plafted areas and as appropiate in new areas where high hazards do not
exrst
5.3 Affordable employee housing should be made available through
private efforts, assisfed by limited incentives, provided by the Town of
Vail with appropriate restrictions.
5.5 The existing employee housing base should be preserved and upgraded.
Additional employee housing needs should be accommodated at varied
sites throughout the community.
Vail Villaqe Master Plan
The Vail Village Master Plan is based on the premise that the Village can be
planned and designed as a whole. The Vail Village Master Plan is intended to be
consistent with the Vail Village Urban Design Guide Plan, and along with the
Guide Plan, it underscores the importance of the relationship between the built
environment and public spaces. Furthermore, the Master Plan provides a clearly
stated set of goals and objectives outlining how the Village will grow in the future.
Goals for Vail Village are summarized in six major goal statements. While there
is a certain amount of overlap between these six goals, each focuses on a
particular aspect of the Village and the community as a whole. A series of
objectives outline specific steps that can be taken toward achieving each stated
goal. Policy statements have been developed to guide the Town's decision-
making in achieving each of the stated objectives. The Bridge Steet Building is
located within the Commercial Core 1 Sub-Area #3 of the Master Plan.
The Vail Village Master Plan is intended to guide the Town in developing land
use laws and policies for coordinating development by the public and private
sectors in Vail Village and in implementing community goals for public
improvements. Further, the Master Plan is intended to serve as a guide to the
staff, review boards and Town Council in analyzing future proposals for
development in Vail Village and in legislating effective ordinances to deal with
such development. Contained within the Vail Village Master Plan are goals for
development in Vail Village. The goals are summarized in six major goal
statements. The goal statements are designed to establish a framework, or
direction, for the future growth of the Village.
A series of objectives outline specific steps toward achieving each stated goal.
Policy statements have been developed to guide the Town's decision-making in
achieving each of the stated objectives, whether it be through the review of
private sector development proposals, or in implementing capital improvement
projects. (Listed in part):
Goal #1 Encourage high quality redevelopment while preserving the
unique architectural scale of the Village in order to sustain its
sense of community and identity.
1.2 Obiective: Enrcurage the upgrading and redevelopment of residential
and commercial tactliti*.
1.3 Obiective: Enhance new development and redevelopment through public
improvements done by private developers working in cooperation with the Town.
1.3.1 Policv: Public improvements shall be developed with the
pafticipation of the private sector working with the Town.
Goal #2 To foster a strong tourist industry and promote year-round
economic health and viability for the Village and for the
community as a whole.
2.1 Obiective: Recognize the variety of land uses found in the 10 sub-areas
throughout the Village and allow for development that is compatible with
fhese establrbhed land use pattems.
2.2 Obiective: Recognize the "historic" commercial core as the main activity
center of the Village.
2.2.1 Policv: The design criteria in the Vail Village Design Guide Plan
shall be the primary guiding document to pres,ertr.e the existing
architectunl scde and chancter of the cote area of Vail Village.
2.4 Obiective: Encourage the development of a vaiety of new commercial
activity where compatible with existing land uses.
2.4.1 Policv: Commercial infill development, consistent with established
horizontal zoning regulations shall be encouraged to provide activity
generators, accesslb/e green spaces, public plazas, and streetscape
improvements to the pedestrian network throughout the Village.
2.5 Obiective: Encourage the continued upgrading, renovation and
maintenance of existing lodging and commercial facilities to better serve the
needs of our guests.
2.5.2 Policv: The Town will use the maximum flexibility possible in the
interpretation of building and fire codes in order to facilitate building
renovations without compromising life, health and safety considerations.
2.6 Obiective'. Encourage the development of affordable housing units through
the efforts of the private sector.
l0
2.6.1 Policv: Employee Housing; units may be required as part of any
new or redeveloped project requesting density over that allowed by
existing zoning.
Goal #3 To recognize as a top priority the enhancement of the walking
experience throughout the Village.
3.1 Obiective: Physically improve the existing pedestrian ways by landscaping
and other improvements.
3.1.1 Policv: Private development projects shall incorporate streetscape
improvements (such as paver treatments, landscaping, Iighting and
seating areas), along adjacent pedestrian ways.
3.1.3 Poficv: Flowers, trees, water features and other landscaping shall
be encouraged throughout the Town in locations adjacent to, or visible
from, public areas.
Goal #4 To preserve existing open space areas and expand greeenspace
opportunities
4.1 Obiective: lmprove existing open space areas and create new plazas with
greenspace and pocket parks. Recognize the different roles of each type of
open space in forming the overall fabric of the Village.
4.'1 .2 Policv: The development of new public plazas, and improvemenfs lo
existing plazas (public art, streetscape features, seating areas, etc.) shall
be strongly encouraged to reinforce their roles as attractive people
places.
Goal #6 To insure the continued improvement of the vital operational
elements of the Village.
6.2 Obiective: Provide for the safe and efficient functions of fire, police and public
utilities within the context of an aesthetically pleasing resoft setting.
6.2.2 Policv: Minor improvements (landscaping, decorative paving, open
dining decks, etc.), may be permitted on Town of Vail land or right-of-way
(with review and approval by the Town Council and Planning and
Environmental Commission when applicable) provided that Town
operations such as snow removal, street maintenance and fire
department access and operation are able to be maintained at cunent
levels. Speclal design (i.e. heated pavement), maintenance fees, or other
considerations may be required to offset impacts on Town servlces.
1l
Vail Villaqe Urban Desiqn Guide Plan
This Guide Plan represents collective ideas about functional and aesthetic
objectives for Vail Village. Diagrammatic in nature, the Guide Plan is intended to
suggest the nature of improvements desired. lt is based on a number of urban
design criteria determined to be appropriate for guiding change in the Vail
Village. The Guide Plan is intended to be a guide for current planning in both the
public and private sectors.
Design considerations relative to redevelopment within the Commercial Core,
specific to residential building expansion and specific to the Bell Tower
Condominiums, are as follows:
D. STREET ENCLOSURE (in part):
While building fagade heights should not be uniform from building to
building, they should provide a comfoftable enclosure for the street.
- an external enclosure is mosf comfortable where its walls are
approximately 1/z as high as the width of the space enclosed;- if the height is greater than the width, it comes to resemble a canyon.
ln actual application, facades are seldom uniform in height on both srdes of
the street, nor r.s thrs desired. Thus, some latitude is appropriate in the
application of this % -to - 1 ratio.
ln some instances, the 'canyon' effect is acceptable and even desirable -
for example as a shorf connecting linkage between larger spaces - to give
variety to the walking expeience.
F. BUILDING HEIcHT (in part):
Basically, the Village Core ls perceived as a mix of two and three story
facades, although there are also four and five story buildings. The mix of
building heights gives variety to the street, which is desirable.
The definition of height shall be as rt is in the Vail Municipal Code.
Building height restrictions in Commercial Core 1 shall be as follows:
1. Up to 60% of the building (building coverage area) may be built to a
height of 33 feef or /ess.2. No more than 40% of the building (building coverage area) may be
higher than 33 feet, but not higher than 43 feet.
l. SUN/SHADE (in part):
All new or expanded buildings should not substantially increase the spring
and fall shadow pattem (March 21 through September 23) on adjacent
properties orthe public R.O.W.
t2
ARCHITECTUMULANDSCAPE CONSIDERATIONS (in paTt):
ROOFS (in part):
Where visible. roofs are often one of the most dominant architectral elements in
any built environment. ln the Village, roof form, color and texture are visibly
dominant and generally consistent, which tends to unify the building diversity to a
great degree. The current expression, and objective, for roofs in the Village is to
form a consistently unifying backdrop for the architecture and pedestrian
sfreefscape, and to avoid roofs which tend to stand out individually or distract
visually from the overall character.
ROOF FORMS (in part):
Roofs within the Village are typically gable in form and of moderate to low pitch.
Shed roofs are frequently used for small additions to larger buildings.
PITCH (in part):
Roof s/opes in the Village typically range from 3:12 to 6:12, with slighUy steeper
pitches in limited applications.
OVERHANGS (in part):
Generous roof overhangs are also an established architectural feature in the
Village - a traditional expression of shelter in alpine environments. Roof
overhangs typically range from 3 to 6 feet on all edges.
Overhang details are treated with varying degrees of ornamentation. Styructural
elements suchs as roof beams are expressed beneath the overhangs, simply or
decoratively carved. The roof fascia is thick and wide, giving a substantial edge
to the roof.
COMPOSITIONS (in part):
The intricate roofscape of the Village as a whole is the result of many individual
simple roof configurations. For any single building, a varied but simple
composition of roof planes is prefened to either a single or a complex
arrangement of many roofs.
BALCONIES (in part):
Balconies occur on almost all buildings in the village which have at least a
second level fagade wall. As strong repetitive features they:
- give scale to buildings- give life to the street (when used)- add variety to building forms- provide shelter to pathways below
l3
The prominence of balcony forms is due to several fairly common characteristics:
Golor
They contrast in color (dark) with the building, typically matching the trim colors.
Size
They extend far enough from the building fo casf a prominent shadow pattern.
Balconies in Vail are functional as well as decorative. As such, they should be of
usable size and located to encourage use. Balconies /ess fhan six feet deep are
seldom used, nor are those always in shade, not oiented to view or street life.
Mass
They are commonly masslye yet semi-transparent, distinctive from the building,
yet allowing the building to be somewhat visible behind. Solid balconies are
found occasionally, and tend to be too dominant obscuring the building
architecture. Light balconies /ack the visual impact which ties the Village
together.
Materials
Wood balconies are by far the mosf common. Vertical structural members are the
most dominant visually, often decoratively sculpted. Decorative wrought iron
balconies are also consistent visually where the vertical members are close
enough to create semi-transparency.
Construction
Cantilevered beams, beams extended to suppott the balcony, are most often
visibly exposed on the underside of balconies. As such they are an expression
of structure and tie the balconies to the building visually.
VI. ZONING ANALYSIS
Staff has completed a zoning analysis of the proposal in relation to the land use
requirements outlined in Title 12, Zoning Regulations of the Vail Town Code. A
summary of the analysis is provided below:
Street Address:
Parcel Number:
Zoning:
201 Gore Creek Drive
210108263013
Commercial Core 1 (CCl) zone district
Existinq
6,098 sq.ft.
Land Use Plan Designation; Mixed Use
Current Land Use: Mixed Use Development
Development Standard Allowed/Required
Buildable Lot Area:
Setbacks:
Building Height:
Proposed
No Change5,000 sq. ft. (min.)
None Required (or unless specified
othenrrise in the WMP).
60% at 33 ft. or less 48o/o @ <33' No Change
40o/o at 33 ft. to 43 ft. 52% @>33' No Change**
14
Density: DUs- 25 D.U.s/acre.
or 3.5 units 2 No ChangeAUs- 50 A.U./acre None No Change
EHUs Unlimited 2 No Change
GRFA***/**** 80% or 5,468 sq. ft. 5,326 sq. ft
4,878 sq. ft,
Site Coverage: 80% (max.) or 5, 468 No Change
4,878 sq. ft.
Landscape Area; Per the Vail Village
Urban Design Guide Plan
Parking: '1.4 spaces/D.U. Pay-in-Lieu No Change
Loading: 1 berth up to None No Change
100,000 sq. ft.
Residential floor area;
plus 1/every 50,000 sq. ft.
over 100,000 sq. ft.; or, 1
berths
Notes:' Setbacks vary around the development site depending on the location oI lhe "build-to-line"
specified in the Vail Village Master Plan.
The Applicant proposes new roof forms within the height range of 33' to 43'; 8taff interFets
that such naiv roof forms do not add to the percentage of 'building coverage area" between
33' and 43' and lhorefore do not irrcrease the p€rcont of building within that height range.
Building (GRFA) is cunently legal, non-conforming
Lofi area expansion results in no increase to GRFA per seclion 12-15-4. Interior
Conversions; addition of new public access storage results in nel reduction in GRFA, thus
reducing the existing non-conformily
VII. SURROUNDING LAND USES
Land Use ZoninqNorth: Mixed Use Development Commercial Core 1 (CC1)
South: Mixed Use Development Commercial Core 1 (CC1)
East: Children's Fountain Plaza Outdoor Recreation (OR)
West; Mixed Use Development* Commercial Core 1 (CC1)
Note:. Adjacent building(s) located to the west of this site (zero lot line) may be impacted by this
proposed redevelopment; applicant will be required to meet all code requirements relative
to zero lot line development and the Applicant is advised ihat coordination with adjacent
property owners will be critical to the successful re-development of this site.
t5
VIII. CRITERIA AND FINDINGS
1 2-7 B-7 : EXT ERTOR ALTERATIONS OR MODI FICAIIONS
6. Compliance with Comprehensive Applicable Plans: lt shall be the burden
of the applicant to prove by a preponderance of the evidence before the
planning and environmental commission that:
1. The proposed exterior alteration is in compliance with the
purposes of the GCI district as specified in section 12-79.1 ot
this article:
Staff response:
Staff believes that the proposed exterior alteration is in compliance with
the purposes of the CC1 zone district. Specifically, the Applicant has
proven that the proposed plans are consistent with the purposes of the
District, and actually reduce the Gross Residential Floor area, thus
reducing a legal, non-conforming situation relative to existing and
allowable GRFA.
2. The proposal is consistent with applicable elements of the Vail
Master Plan, the Town of Vail Streetscape Master Plan, and the
Vail Comprehensive Plan;
Staff response:
Staff believes that the proposed exterior alteration is consistent with all
applicable elements of the Vail Master Plan, the Town of Vail Streetscape
Master Plan, and the Vail Comprehensive Plan.
Specifically, the proposed remodel to the third floor residential unit R-1
proposes high quality redevelopment while preserving the unique
architectural scale of the Village in order to sustain its sense of community
and identity. Further, the Vail Village Master Plan calls for structures within
this area of the CC1 zone district to be built to a maximum building height
of 3-4 stories (9' floor heights) and encourages varied roof forms within this
range (3-4 stories); the proposal, as viewed from the South elevation
maintains a 4-story appearance and adds variation to the roof form and
eave lines.
3. The proposal does not othenrvise negatively alter the character
of the neighborhood;
Staff response:
Staff believes that the proposed exterior alteration does not otherwise
negatively alter the character of the neighborhood. The addition of gable
and shed roof forms (dormers and open gable forms), when viewed in
context with surrounding development, is consistent with and/or will
improve the quality and design characteristics of the surrounding
neighborhood. Specifically, the open gable form proposed on the South
elevation is consistent with similar forms evident at structures located to
the South, West and East of the Bell Tower Condominiums. Further, view
16
corridors will not adversely be impacted, and a sun/shade analysis has
been provided demonstrating that the additions will not significantly
increase shadow patterns within adjacent public spaces.
4. The proposal substantially complies with the Vail Village
Urban Design Guide Plan and the Vail Village Design
Considerations, to include but not be limited to, the following
urban design considerations: pedestrianization, vehicular
penetration, streetscape framework, street enclosure, street
edge, building height, views, service/delivery and sun/shade
analysis; and,
Staff response:
Staff believes that the proposed exterior alteration, in general, substantially
complies with the VailVillage Urban Design Guide Plan and the Vail
Village Design Considerations, specifically with the following applicable
design considerations:
Street Enclosure
Street Edge
Building Height
Views
Sun/Shade
Building Height and Guide Plan Gonformance
In 1990, plans for a major exterior alteration on the top floor (Unit R-1)
were denied. The plans proposed the addition of a fifth floor on the north
side of the building, and creating a prominent flat roof element. At that
time, it was determined that the existing building was non-compliant with
the Town's height regulations; calculations indicated that approximately
51o/o ol the building was over a maximum allowed height of 33'; the Guide
Plan allows a maximum of 40o/o of the building to be between 33' and 43'.
Staff and the Applicant concur that the existing building is non-compliant
with the stated height regulations (legal non-conforming). However, Staff
and the Applicant believe that the Guide Plan and the Vail Village Master
Plan allow for (and encourage) varied roof forms to be permitted within the
height range of 33' to 43', without adding "building coverage area" and
without increasing the non-conformity.
Although previous Staff and Commission interpretations should be taken
into account for reasons of consistency, Staff recommends that this
proposal be reviewed on its own merits and that the PEC review the Guide
Plan - "Building Height" and the Vail Village Master Plan (page 31,
'Conceptual Building Height Plan") in order to discuss how this proposal
meets the intent and requirements of the Vail Comprehensive Plan.
t7
tx.
5. The proposal substantially complies with all other elements of
the Vail Comprehensive Plan.
Staff response:
Staff believes that the proposed e)derior alteration complies with all other
elements of the Vail Comprehensive Plan.
STAFF RECOMiIIENDATION
Staff recommends that the Planning and Environmental Commission approve,
with conditions the Final Plans for Major Exterior Alteration of Unit R-1, Bell
Tower Condominiums. Staff suggests the following conditions be made part of
any Planning and Environmental Commission motion to approve:
1. The Applicant shall be required to provide a building code and fire code
analysis with any submittal for building permit.
2. The Applicant shall resolve all issues regarding drainage from the existing
and proposed building on to adjacent properties; the provision of gutters,
downspouts and other drainage methods may be required as revisions to
building permit set of drawings with any building permit application.
3. The Applicant shall ensure that all new materials, sizes, textures, detailing
and colors blend or compliment those materials not being replaced and
that any portions of the building that need repair and/or replacement are
included in the scope of this project in conjunction with any Design Review
application.4. The Applicant shall be required to submit a detailed and final lighting plan,
showing all existing light fixtures to be removed, as well as all new fixture
locations, fixture types and lumens/output; such plan should be
accompanied by cut sheets for each proposed fixture.
ATTACHMENTS
A. Vicinity MapB. GRFA Calculation Memo by ApplicantC. Reduced Plan Set by Applicant
x.
l8
Attachment A
19
O Attachment B
scot Hunn - sell Tower GRFA c]arification
From: "oavid Baum"
TO:Date: O8/LO/2007 L1:46 AMsubject: Bell Tower cnrl clarificationCC: "Anne F, Gunion" , "oavid wieder"
Scott:
I have met with Anne this AM to discuss the question you raised at our meeting yesterday regarding the size of the
EHU units in the Bell Tower Building. Hopefully this email will provide adequate clarification:
r Sheet A0.28 reflects the conditions during our Second Floor Interior Conversion in 2001. At the time we did
oot have as-built drawings for the third floor and did not verify the GRFA as it was outside the scope of the
project. The size of the EHU shown was provided through either the Town ot other documents and rvas
never field verified.
r Sheet A0.2C reflects the current conditions. We now have completed as-built documentation of this level and
the true measurement of floor area associated with these units is reflected on this sheet.
I have no further insight as to why the EHU sizes rpere shown larger, but Anne speculated that perhaps a loft of other
g?e space was included in the calcs at one time.
I hope this helps. Please feel free to contact me with questions or cofiunents.
David Baum
Senior Proiect Architect
davidb@vagarchitects. com
VAg, Inc.
Architects & Planners
910.949.7034 PO Box 1734
970.949.8134 f* Vail, CO 81658-1734
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Item No. ?
an outdoor dinin deck an amendment to
Chuck Crist left for a short while.
Ton Braun stated that there were four separate requests. Anexterior alteration to add enciosea floor area, a heightvariance, a variance to reduce-ianascaping and a conditionar useperrnit to estabrish an outdoor ainirrg ;;ti"-;; Ih" ,""orrcl froorof the bulrding. Torn showea erevati5"i ""a site-'prans.
Tom first exprained the. request for an exterior arteration. rtvas for three things: ttre alaaition of a dormer on the fourthfroor of the buirding along e"i" cr".k Drive, the addition of afifth floor and expaision 5r-ine rourttr floor on the north side:f_!h".building and. a 270 squaie foot ground-fioor retailexpansion adjacent to the co-re creek promenade with thererocation of an_existing.dining deck to a roof'top dining deck?!"v: tlre.proposed. expanlion- ihe residentiar "daitio' wourd ad.done dwellinq unit to the property and a total of 2,228 squarefeet of cnri. Torn revie*;; i;; vait Virlage Desisnconsiderations with respect to-ttre exterior arteration. Thepedestrianization and vihicular penetration are not affected bythe proposal . with regard to st'reetscape rraureworx, the proposedretail infilr arong Goie creek ptor"r,"dl wirr lioviae an activitygenerator to qive street rife and visual interlsi. Tour statedthat the dinino deckrs rociiion-woura have little success inproviding such-acti"itvl- wiii"r.gura to street-encrosure, thed.orner proposed for thi south "ia. "r the building would notchange.the street enclosure aronj-c"r"-di"I;-;;i;;appreciativery. The one store i6t"ii-"*p."ri"i-aiong thePronenade wourd estabrish a nor" aesirarie ;h"r";'scare' on thisside of the building but ""v-p"r""i"Ea-r"J""-{ioi"i'mass on thisside of the buirdini is ".gitEJ-by the introduction of a fourthand fifth floor.
Street Edge: slightly irregular facade lines, building jogs, andlandseaped areas dreale lif6 and visuar i;t;;;"I-ior tnepedestrian. The proposed retair expansion is consistent wrththis criteria. rtre laaition is-sri;htit-;";".JIl-r"o,oimprovenents of the Gore cr".x-pi.za building. Any certainrhythn has been establishea aront tne Jntii"-i"rrjln of thePromenade.
01 Gore Creek DriClark Willinqharn/BelI
o
Building height: Height variance is required to allow additions
to the upper floor on the north side of the building. The
existing building is non-confotming with respect.to alLowable
building heights. The proposed addition would increase the
degree of non-conformity. Ton felt that one nust consider the
irnplicattons of tbis proposal as it relates to future developlent
applications. If approved, the proposal would introduce a fifth
floor element along the Gore Creek side of the building and an
addition of this mignitude is inconsistent with the Urban Design
Guide Plan as weII as the height plan outlined in the recently
adopted vail Vitlage master Plan. Tom then discussed views and
tocit points and then discussed service and delivery.
Sun/Shade issue: Tom stated that the Design Guidelines say rrAll
nerlr or extrlanded buildings should not substantially increase the
sumner ana fatl shadow pattern on adjacent properties or the
public right-of-wayr'. ion said that the proposal would increase
shade along the Pronenade, the shadon pattern at L2:OO noon on
March 21 a;d September 23 would be 4 L/2 feet in width- This
inpact is both unnecessary and unacceptable to the staff. Tonrs
next concern was the architecture/landscape considerations. He
stated that it was irnportant to address this consideration
pertaining to roofs. Staff felt that the flat roof was out of
Lharacter with the Village and the manner in which it was
proposed displays little to no relationship to existing loof -tortrs on the Uuitaing. The staff recommendation is for denial of
the requested exterior alteration. The staff feels that while
the pro-posed additions may benefit the owner and the tenants it
will- do- Little to benefit the overall fabric of the Village. The
Village is based on a very delicate balance between the built
envir5nnent, open spaces and space between the buildings and it
is felt that this building has reached its optirnum level of
development.
Craig Snowdon, an architect representing the applicant, stated
that the dining patio has been reduced to a little hole. The sun
on the deck would be increased by raising it to the second floor
level . Those on the deck would also have a better view of both
Gore Creek Promenade and the Childrents Plaza. Craig felt that
the first floor retail space was a definite plus. He stated that
people do not look up when they are close to a building. He
Italea that the fifth floor would not be viewed at all. The
closest view would be fron Bridge Street. Regarding the height
along Gore Creek Drive, the height courplies with the Urban Design
Considerations for the Village. Craig also said that the Gore
Creek Plaza building had set a precedence, therefore the BeII
Tower building would not be increasing the situation.
Regarding Service and Detivery, craig said that there uere 230
te6t froi delivery point at Willow niiage loading area which was
comparable to the one vail Place Building and the Hong Kong cafe
Bui1ding. With regard to sun/shade, the 5th floor does not
increase the shade. The 4th floor roof does affect the
Sun/Shade. with regard to the architecture, steeper roofs 9o9ldhavl been designed 5ut would have nade it much nore of a leightproblem. witfr regard to restricting the two employee units
iermanently, Craig asked if this had-been done any other place in
t
the_Village. He felt that it seemed extreme. RegardingIandscape reduction, Craig felt that there was moie to -
landscapi!9_than dirt. He stated that the owner regutarlyI'nvests,$5r000 per year on landscaping for such things as-windowboxes, frower baskets, christmas lights etc.. craii relt thiithe section of landscaping being us6d was not highly-visibre. ttearso inforned ttre board that presentry the owner of-the BerrTower owns.part of the property that the pubric stairs are on.He arso pointed out that elininating the patio at grade wirllncrease the Promenade area by 100 to 125 feet. He felt thatrepracing the landscaping sith stairway had very little funpact onthe view. Ilernan staufer, who owns the restaurlnt, fert tirat thelandscaping was a trade-off for stairways that wori the same as apatio.
Rod slifer, who owns the unit on the top froor of the buildlng tothe west of the core creek plaza building, said his concern wiswlth the top froor addition on the north-side of the building.His view has already been impacted by a vent on the roof of theBerr Tower Building, and if the addition hras approved, his viewof the Gore Range would be totatly brocked. Ha- regueited thatthe current design be noved back 1o feet which wouid artow hirnenough view to satisfy him.
craig replied that the addition would infringe on Rod sriferrsview but that it would not totally block it. - Rod disagreed.Pepi Granshanmer tben spoke from lhe audience. He was concerned.about the height and the nunber of variances. He said that ifthe buildings keep on increasing in sj-ze, it would destroy the
Town.
Kristan exprained the height limitations to hirn and pointed outto him that the staff lras reconmending denial of thi-s project.
Kathy wondered whether or not a site coverage variance wasrequired. Ton exprained that patios and diiing decks count assite. coverage in CCI so that the discrepancy wis not gettinggreater. Kristan added that the staff had lookea at this vtrycrosely- Kathy agreed with the staff on this proposal ancl di¬ feer that this was an appropriate expansion in an appropriateplace. She said that perhaps the Gore cieek plaza aia 36t iprecedence, but she didnrt see why the Town rnust continue withanother sirnilar expansion. Kathy said that frorn the ltay palacethe visibirity from the 4th and sth floors was apparentl she didnot feel that the roof structure rdas appropriate-lnd wasconcerned about the design of the retail deck.
.rin had no problen with the retair addition, but he did have a
Problem with the uppeT ,skyscape,r. Connie agreed with pepi thatif the Town kept growing it soutA aie. negaiaing enploye-ehousing stre felt that it could be kept at iS yeais.
Craig Snowdon said that tre was willing to replace the units priorto the issuance of a building perrnit sonewhere else in VaiI witha deed restriction. This would have to be reviewed by the staff.
Connie asked Herman how the waitresses would get to the deck.
Ludwig did not feel that growth would kilL Vail, but that vaildid need checks and balances. He stated that if there was aprecedence set, one did not trave to perpetuate this. Ludwig alsofelt that the Bell Tohrer Building was an attractive one atpresent and that the addition night destroy the quality.
Dalton also discussed the Gore Creek Plaza Building roofaddition. He felt that it was ill advised and that now that itis constructed he felt that we should not repeat this error.Dalton felt that the angle of the addition could be changed sothat it would not affect the vien through the stairway.
Diana felt that the existing massing was appropriate, that it sasthe end of a row of buildings and a very pretty building. Iler
concerns were that one nore unit would increase vehiculartraffic, that the enployee units urust be permanent, and that the
second floor railing blocked views. She had no problen with theretail infill, and Diana asked for clarification on sitecoverage. Ton replied that the site coverage rras non-conforningat present and wasnrt changing. Diana felt that when one asksfor this number of variances; the proposal could be improved.
Craig Snowdon asked to table the item.
Motion for tablinq was made by Kathy Warren and seconded bv
Connie Kniqht.
VOTE: 6-OINFAVOR.
ftem No. 8: A recruest to anend a Special Development Districtfor the Garden of the Gods on Lot K, Block 5. VailVillaqe Fifth filinq at 365 Gore Creek Drive.Applicant: Garden of the Gods, Mrs. A.G. Hill
Family.
Connie Knight renoved herself from the board due to a confll-ct ofinterest.
Kristan explained changes since the last review. She said theapplicant had rotated the building slightly to decrease the
encroachment to the east.
Pan Hopkins, the architect on the proJect, said that because ofthe conmon easement for the swimrning pool and the recreationamenities, the building was pushed as far west as possible. She
showed this on a site plan.
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Design Review Board
ACTIOH FORl'l
Degartment of CommunitY Development
75 South Frontage Road, Vail. Colorado 81657
tel: 970.479.2139 taxi 970'479.2452
web: www.vailgoncom
Project Name:
Project Description:
Participants:
Project Address:
Legal Description:
Parcel Number!
Comments:
Loil Block: Subdivision:
2101-082-6301-3
lt+ -(r" A- .t B
BELL TOWER INT CONVERSION DRB Number: DRB070705
FINAL APPROVAL FOR AN INTERIOR CONVERSION WITHIN UNIT R-1TO INTEGMTE AREAS
Rl-A AND Rl-B (EHU'S) INTO THE EXISTING DWELLING UNIT
OWNER BELLTOWER PARTNERS LTD
1O1OO N CENTML EXPWY 2OO
DALI.AS
IX 7523L
APPUCANT VAG ARCHITECTURE-MIKE MASCAR12/T2l2007 PhONC: 949-7034
PO BOX 1734
VAIL
co 81658
ARCHITECT VAG, INC. ARCHITECTS &. PLANN12/1212007 Phone: 970'949-7034
PO BOX 1734
VAIL
co 81658-1734
License: C000002386
201 GORE CREEK DR VAIL Location: BELL TOWER CONDOS-20l GORE CREEK DR
Motion By:
Second By:
Vote:
Conditions:
BOARD/STAFF ACTION
Aqtion: STAFFAPP
Date of APProvalz L2ll2l20l7
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: 0
(PLAN): DRB approval does not constitute a permit for building. Please consult with
Town of Vail Building personnel prior to construction activities.
Condl 201
DRB approval shall not become valid for 20 days following the date of approval,
pursuant to the Vail Town Code, Chapter 12-3-3: APPEALS,
Cond: 202
Appoml of this project shall lapse and beome wid one (1) year followlm the date
of flnal approval, unless a bullding permlt is issued and @nstruction is qnmened
and is dlligently pursued toward ompletlon'
Cond: CON00F549
Prlor to applicadon for a building permlt, the apPlkant must exeote the required
Employee Houslng Unft deed restrictions for the exlsting dwelllng unlt located at
Altalr Vail, 4192 Spruce Way #A-201'
Cond: C0N00ff1650
ftior to reqrcsdng a final or temporary certiffcate of occupancy lrcpecilon, the
applicant must obtain Torvn of Vail apprwal, and cause to be r€@rded, an updated
condominium map for the en0rety dthe Bell Tover BulHiry.
Planner: Bill Gibson DRB Fee P.ld: I3OO.0O
Additions-Residential or Commercial
Application for Design Review
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel 97 0.479.2128 l axi 97 0.479.2452
web: www.vailgov.com
General Information:
All projects requiring design review must receive approval prior to submitting a building permit appllcation. Please refer to
the submittal requirements for the particular approval that is requested, An appllcation for Design 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 Planning and Environmental Commission, Design review approval lapses
unless a building permlt is issued and construction commences within one year of the approval.
Description of the Request:Inter:ior conversion within an existing uniE l!-
the Rel t Tower BuiIding
Location of the Proposal: Lott-Block:- Subdivision' va j"1 villase 1sL
Physical Address:2ol. core Creek Drive (Unit R-1 of BeIl Tower Condos)
parCelNO,: 210108263013 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)
Zoning:Commercial Core L
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Name(s) of Owner(s): Dean MacFarlan Bel.l Tower Partners LTD
Mailing Addressl 1OTOO N CENTRAL EXPWY 2OO
DALLAS, TX ?5231 Phone:2t 4 -932 -3705
Owner(s) Signature(s):
Name of Applicantl VAg ,Inc
Mailing Address' Po Box 1734
Avon, CO 81620 Phone;97 0 -949 -'l 034
E-mailAddress: davidb@vaqarchiLects.com Fax:970-949-8L34
Type of Review and Fee:
! Signs
D Conceptual Review
n New Construction
! nodition
a Minor Alteratron
(multl-family/commercial)
E Minor Alteration
(single-family/duplex)
O Changes to Approved Plans
n Separation Request
$50 Plus $1,00 per square foot of total sign area.
No Fee
$650 For construction of a new building or demo/rebuild.
$300 For an addition where square footage is added to any residential or
commercial building (includes 250 additions & interior conversions)'
$250 For minor changes to buildings and site imProvements, such at
re-roofing, painting, window additions, landscaping, fences and retaining
walls, etc.
$20 For minor changes to bulldlngs and site lmprovementsr such as/
re-roofing, painting, window additlons, landscaping, fences and retaining
walis, etc.
$20 For revisions to plans already approved by Plannlng Staff or the Design
Review Board.
No Fee
i::',,tr"MYcn*r,,o.'uff ay,
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ptunnur, B(o P'oject No :
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taHe the item untilJanuary 22 with Foley seconding. The motion passed 6-1, wiih
Rogers opposed. For details, contact Stan Zemler at479-2106.
-Second readng of Ordinance l'lo. 37, Series ot2007, An Ordinance Adopting a Use
Tax on Construction and Building Materials; Anending'l'itle 2, R€venue and Finance,
Vail Town Code with the Addition of Chapter 8 "Use Tax on Construclion and Building
Materia ls"
Mire explained the construction use tax ballot question approved by Vailvoters on
Noverber 6'n gives Town Council tle authority to implement a four percent tax on
brllding and construction materials consurned or rced in the town. Proceeds of the bx
are to be used erclusivety for capital acquisitions and capital projects in the town.
Inplenentation of the tax is accomplished by tlro readngs of an ordina nce which sets
the policy and admiristrative details relating to the tax. Former Vail Mail ltthyor Bob
Armo ur spoke in support of the ordinance. Gordon moved to approve the ordinance with
Newbury seconding. The motion passed unanimously, 7-0. For detaib, contact Judy
Camp at 479-2119.
-The owners of two deed restricted Enployee Hosing Units (EHU) bcated at 201 Gore
Creek DrMe (the Bell Tower building) have requested a release of the deed restriction on
EHUs located in the Bell Toriver. In exchange for tte release, the owners are offering to
provide the Town of Vaila Type lV deed restricted unit at 4192 Spuce Way (Altair Vail
Inn)
Housing Coordinator Nirn Timm inforned Council it was the *sire of the Bell Tower
EHU owners to remove the two deed restricled EHUs which total597 square feet,
located at the Bell Tower building, and replace them with a new deed restricted EHU
located at4192 Sprrce Way#A-201, whichis 1,192 squale feet. The existing EHU
square feet would then be irrcorporated into the primary residence located on the third
floor of the Bell Tower building. The applicant, Dean McFarland, thanked the Comrnu nity
Devebpnent staff for their help in understanding the issues. ltilcFarland reported the
Altair unit was purchased for approximately $420,000. Roge rs expressed corpern the
new net value to the owner of the Bell Tower unit with the adcltion of the EHU square
footap would be roughly $1,500,000. Representing the applicant, Dominic lt/lauriello
reasoned the addtional square footage would be uorth $2,000 per square foot as
opposed to $2,600. Anne Gunion of VAG Architecb cbrified the actmlsquare footage of
the current EHUs and further elabonated upon the soft costs of remodeling the EHUs.
During public comment, Kaye Ferry spoke in opposition saying the proposalwas
inequitable given the high land values in Vail Vllage. Hernnnn Sta ufer and Axel
Wilhelmsen spoke in support of the proposal. Daty thanked lvlcFarland for his
presertation. "l believe this proposal does epresent a gesture of good will... I think what
has bee n proposed is very mnsistent with what the town is trying to do. " The Community
Devebpnent Department recommended Courrcil approve lhe request subject lo the
applicant providing Altair Vail # A-201 as a price appreciation capped, for-sale unit with a
maxinum initial sales price of $178,650 to a qualified employee on the existing Town of
Vail rnaster resale lottery list Daty moved to approve the request with Newbury
seconding. The nption passed $2, with Gordon and Fo ley opposed. For details, conlact
Nina Timm a|479-2144.
-Discussion of the First Reading of Ordnance No. 39, Series of 2007, an ordinance
anending Section 12-2-2, Definitiors, and SutsSections 12-78-2A, Definitions
(basenre nt or garden level); 12-7B-3A, Definitions (first-floor or street level); 12-7H-2A,
Definitjons (basement or garden level); 12-7H-3A, Definitions (first-floor or street level);
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Declarantreal property
contained inowrrership, by
does hereby establish a pl.an for the ownership of
estates in fee sirnple consisting of the air space
each of the units in the building and the co-the individual and separate ostners thereof, asi-
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DECI,ARATTON
Declarant does hereby subject the real property interests
described in Exhibit A to this Declaration and publish and declarethat the following terns, covenants, conditions, easenents,restrictions, uses, reservations, linitations and obligations shaIl
be deemed to run with such land, shal.l be a burden and a benefitto Declarant, its successors and assigns and any person acguiring
or owning an interest in the real property interests tthich are or
become subject to this Declaratlon and irnprovenents built thereon,their grantees,. successors, heirs, personal representatives,
devlsees or assigns.
1. Definitions. As used in this Declaration, unless
otherwise expressly provided:
(a) trUnitx means an individual air space unit contained
within the perineter wal1s, floors, ceilings, windows and doors of
a unit in a building constructed on real property which is subject
to the provisions of this Declaration, and as shown and described
in a condorninium nap recorded in the real property records of Eagle
County, Colorado, together with (i) alL fixtures and improvernents
CONDOI.'INIIJI{ DECIARATION
. BEI,L TOWER CONDOI.{INIT'MS
RECITAI,S
BeIl Tower Associates, Ltd., an oklahona Linited Partnership
( ttDeclarantr') , is the owner of the real protrrcrty intereste situatein the County of Eagle, State of Colorado, described in Exhibit A
attached hereto and made a part hereof.
Declarant desires to establisb a eondoniniun project under the
Condominiun ownership Act of Colorado (the trActtt) and to defi.ne thecharacter, duratlon, rights, obtlgations and Linitations of
condominium ownership. A building and related improvenents have
been constructed on the real property interests described inExhibit A, which building and irnprovernents shall consist of
separately designated condominium units. A condoniniuu nap sha]L
be filed showing the location of said building and inprovements onthe real property interests, which is hereby nade subject to this
Declaration.
roR
tenants in comnon, of all of the rernaining real property interests.
I,D
therein; (ii) the inner decorated or finished surfaces of suchunitrs perineter walls, floors and ceilings; (iii) the doors andwindons of the unit; and (iv) the interior nonsupporting wallswithin the unit.The tern does not include, however, theundecorated or unfinished surfaces of the perimeter walls, floorsor ceilj.ngs of a unit, any util.ities running through the unit whichserve more than one unit, or any other general conmon element orpart thereof located rithin the unit.
(b) orCondominium unitrr means a unlt together with theundlvlded interest in the general comnon elements appurtenantthereto and the right to exclusive or non-exclusive use of lirnited
common elements aslociated therenith.
(c) townertr means any individual, corporation,partnership, association, trust or other legal entity, or
combination of legal entities, which is the record owner of anundivided fee sirnple interest in one or more condornlniun units.
(d) rrceneral colrnon elenentsrr heans (i) the landincluded in the real property interests nhich at any time aresubJect to this Condoniniun Declaration; (ii) the foundations,colunns, girders, beanns, supports, perirneter and supporting walls,roofs (including, without linitation, glass roofs), balconies,halls, corridors, lobbies, stairs, stairways, fire escapes,
entrances and exits of the buildings; (iii) the utility lines
running under and through the floor of runit c-lrr, as hereinafter
defined, whether or not such utility }inee service only unit C-1;(iv) the Lnstallations, equipnent and naterials makJ.ng up thecentral services such as polrer, Iight, gas, hot and cold \^tater,
heating, snow nelt (including, uithout lirnitation, Iimited conmonelement areas), refrigeration and air conditioning andincinerating; (v) the tanks, pumps, motors, fans, compressors,ducts, and in general all apparatus and installations existing for
cohmon use; and (vi) all other parts of the real property interests
which are not part of a unit.
(e) Itl,inited connon elenentsfr means the Part of the
general comnon elements assigned for the exclusive or non-exclusive
use and enj oyment of the oqrner or ouners of one or nore, but less
than a1I, condoninium units.
(f) fiConnon expensesrr Deans; (i) all expenses expressly
declared to be conmon expenses by this Declaration or by the by-
la$s of the Associationi (ii) al.l other expenses of adninistering,servicing, conserving, nranaging, nraintaining, repairing or
replacing the general comnon elenents; (iii) insurance preniums for
the insurance carried under Paragraph t hereini and (iv) all
expenses lawfully determined to be conmon expenses by the board of
directors of the Association.
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(S) rrFi.rst lienorn neans the holder of a prornissory note
palrment of which is secured by a first rnortgage or first deed oftrust encumbering an i-nterest in a condoninium unit. nMortg'agerl
shall include a deed of trust, and rtraortgageett shall include thebeneficiary af a deed of trust.
(h) rrAssociationrr toeans BeIl Tower
Associatj-on, a Colora<lo nonprofit corporation.
Condoniniun
(f) nBuLldinqil means the building Lnprovementscontaining units located on real property subject to this
Declaration, and a1l other improvernents constructed on the property
subject to this Declaration.
(j) The condominium unite subject toshall be known as Bell Toner Condoniniums.
this Declaration
(k) ilDeclarationtr rneans this instrument and afl
Amendnents or'supplenents thereto hereafter recorded in the recordsof Eagle County, Colorado.
(1) Itsharing Ratlo" of an owner in his percentag'e
interest in the general common elenents appurtenant to his unit,
as set forth in Exhibit B attached hereto and nade a part hereof.
(m) ItMapr means the original condominium Map requiredto be recorded hereunder and all Araendnents or Supplements thereto
hereafter recorded in the records of Eagle County, Colorado.
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a condoniniuur unit rnaY
(a) The real property interests are hereby divided into
13 condoniniurn units designated C-l through c-12, inclusive. and
R-1 (which shall include those areas designated on the Map for
reference purposes only as R-lA and R-18) each consisting of a
unit, an undivided interest in the general common elements
appurtenant to such unlt, which interest is set forth in Exhibit
B,- and the exclusive or non-exclusive right to use and enjoy
Iinited counon elenents, as set forth in Exhibit B-
(b) Each condorninium unit strall be inseparable and nay
be conveyedr'Ieased, devised or encunbered only as a condominiun
unit. Title to a condoniniun unit nay be hetd individually or in
any forn of concurrent ownership recognized in Colorado. In case
of any such concurrent ownership, each co-owner shall b9 jointly
and severally liable for the perfornance and observance of all the
duties and responsibilities of an oetner with respect to the
condorniniun unit in which he ortns an interest.
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AROTITECTLRE GP 97S 949 8134
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RESTRICTNG @VETUflT
wnEnEeg, Bell Touer Partuers. Ltd. h/'r ltrl enns{r) (1ta Ornd) or
ctun proprrry bgCr 6-916.o 19- Goadod.nfin llnlts R-lAr R-18 Bell Torer GoadoLnturs,
conunodt kftnvn l: g-ll Trpor r|' -rtrelrg - - . Chr hoprrty'), od
WH€REAI9, lh. Oflng r|llr b f,Fr c rin tllt-brr 6r tha u- of . snl r .flrr.l lo# on
lhr Pro9riy b na baf|.llt ot Er Oimr rnd thr Torvn ol Vr!. Cotmdo (.!rr Tqvn1.
NOw, THEREFORE, ha Orn- &.3 trrtt i|rp€. .r6tth. .rJ(rufltrd9e. a.d tb€. 6. &e
billt ot d pfEnt rfiO firt hi*r.lbr 9udrA. or bar. s tud na !t$i.r,t trxt !||. tdanitg r|diatlons,
Covafirtt tnd co,td,tiom. dl o{ which rhatl tr drrnd to n,|Jr wittr iha Lld ard irrjF tr lha ba^dit anat ba
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Tlt TIF Il ttlu Cr.[ b. L.rC b arrt oG4f?d bt b(!|b rto E ti*'||Ira tlCotrar $|io
wql h E{b County. Thr Typ. ur €HU rhJf Fot b. l€d fE I pfrod lf lrlr ff.ty C30)
oorr|Gstivr day3. Fd lha pur!6.r of 0ri! F{i.gr.p|\ f frrltira afirtotaa b orr lto lsta
tn rvfig3 ot a mltrinutn oa lhit (3O) hirr.t -Efi xc* 6r I ylar round bir. Th. snr d
lha lypa llt EHU d|.ll .tnt lh: snil al i ma{trly lr|fl rna cgtrrbrtrt urtrh d lorra? than h6a
rntt(tl .atc. p.a,\d.nl ft. rt|rlar g|lF.lirr in ttr TEn. Th. fyPr t EHU jt.l !a cE*rFtCy
.trttd a.d rhfl ml {nrah vac.nl ior a pffod b uc-d lttt (5} EorliE tirr ntoit|tr.
Ocre.nct of tha Typ. lll €l{U lhrtl ba Eni6 b. tnrrirt|fn ot trc p'!a?ra plr !.d(aqo.
Tha TIII| lllEfru iha0 h5,G L o/yn ant rta. thara ad !a.rointarbrg ttEm fi €HU
to any didting unt lo whtctl t mft D. atbchrd.
fh. Type lll EHU mud co.th . hltd|lr c lddrroellr erd e baltroo.
Th. Ttta lll EHU n|! br dd, t fllla.rtd, or Gcn rtad q.l|laty iql! otrr dr'*ro |'ntr o
EHUI lh.t .t b. loc.lrd m th. rrrt lo| r ritth lhe rrol h{dfrgr rt fr ot 0t tffirE
corutb,:a ai. md:
It tnud bc uOts d .acodhg tr thr crfutr rt lb.lh in pergr+,c 2 .id 3 d tdr
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t tttud b. sr- bt fha O*itr ot fr Tyl|a ti €faU rr r occnrA !.da!F..
Fs tr Frpr cf !a O-{raph. r t'lrs atr|i&r.trd |tfn llrlnm c
pla in ertldr or|| h.af iol|taE d ltd b$nhfi or?. tth.rrvf lrc ff $.'t
rb*nt tu r Frrn hffin d .|imt E drr r dOgtm c jrs thrrahom,
.lgddLts o, thc A/rrtofl of rbreaor. h ddrrnrnng r't|rt ir I titrlrcnl
t aiatan6. [ra Town stdt rhj id(. tha bn€xing drartr@lc daliR b h.
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ARCHITECTLRE E 97@ 949 8134
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of a ftcn .fft3vtl m . bm b ba obirilxf to'| tt Coflrrur{tt OnatoDFllt O.trdfi{, lo
It Corrrtlnty Dr*to?rnfit orpar[nftt SrE 6t c,i!.r.drbbri,E u.d t. .n"toti
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aftr9|or$ h Ergtc coJnty.
Thr Tyg. ltl eXU grct !a ogiiid rt f rfirnjl||t h |tc!rd3r wfh Ctrgbr 13, f . i2 of
lha Trrn Coda ol vait. Falur b do ro may rtnlt L f|fb.lftr.nt orcffrgp h a oqrt ot
conD.leflf jur|dclfon and l|r Sor{.m. rith C'|Dbr !, Tila lZ of ha Tovyn Co(b d Vd.
Thr sd0orrr, rrebtiorr, t|bultlont .nd agrufiri ornC.rO irdfi thd nof !. mn d.
,bId.''tod, LttninaLd, gr lr|odad .mGgf !t h rrltbr co,tt r{ d bc,th tt? TG|n ot Vta md
thr Orncr of 0lc Popcfir.
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LINDA D YOUN6
NOTARY PT'8LIC
stete ol Teras
Comm. Ero. 12-13-2@4
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Page l ofl
Bill Gibson - Bell Tower Building
From: "Allison Kent"To: "'Bill Gibson"' ,Date: 1210512007 10:12 AM
Subject: Bell Tower BuildingCC: "'Dominic Mauriello"' , , "'Dean Macfarlan"' , "'David Baum"'
Attachments: "'Dominic Mauriello"' , , "'Dean Macfarlan"' , "'David Baum"'
Bill ond Worren-
Thonk you ogoin for meeting with us yesterdoy on the issues qt the Bell Tower Building. I've ottoched o
letter summorizing our conversotion regording the process for eliminoting the EHUs ond provided bock-
up of lhe items we discussed. Pleose lel me know if you need ony furlher informolion. Thonks.
Allison Ochs Kent, AICP
Mouriello Plonning Group
PO Box I 127
Avon, CO 8l 620
PHi 970-748{920
CELL: 97G390€530
FAx:970-784377
file://C:\Documents and Settings\Administrator\Local Settings\TempD(Pgrpwise\475679... 12/05/2007
ilauriello Planning Group
Bill Gibson
Plo n ner
75 S. Frontoge Rood
Voil. CO 81657
RE: Process for eliminoling lhe EHUs ol lhe Bell Iower Building.
December 4,2OO7
Deor Bill:
Thonk you for toking fhe time to meet with us todoy regording the process for eliminoting lhe
EHUs ot the Bell Tower Building, locoled ol 2Ol Gore Creek Drive, Unit R-l of the Bell Tower
Condominiums. This letter is to summorize our conversotion ond provide further
documentotion of lhe issues sunounding the EHUs on lhe site. We ore writing you on beholf of
the owner Deon Mocforlon, of Bell Tower Portners, LTD.
The EHUs were opproved in 1979, with o condifionol use permif for the redevelopmenf of lhe
Bell Tower Building (originolly known os lhe Schober Building). At lhe time, 2 occommodotion
units were converted to employee housing, with o restriction thot they would remoin
employee housing for o period of 20 yeors. This restriclion on the use expired in 1999. I hove
ottoched o copy of the minufes from ihe Plonning ond Environmenlol Commission meeting
where ihis wos opproved (Exhibit A).
In 1988, the Town opproved o condominium conversion on the property, condominiumizing
the commerciol ond residenliol uses on fhe site (previously oll were under single ownership).
With this opprovol, the owner ogreed lo reslricl lhe some employee units for o period of 15
yeors. This expired in 2004. I hove ottoched the sloff memorondum from this meeting (Exhibit
B). Along wilh the condominium conversion, the Town opproved condominium declorqtions
ond o new condo mop for the Bell Tower Building. From lhe condominium decloroiions, Unit
R-l is idenfified os dwelling unit, including lhe spoces refened to os R-lA ond R-lB, oll os o
single entity. I hove otfoched lhis section of the condo declorolions for your reference
(Exhibit C). The condo declorotions ore recorded qt the County, ond ore refened lo on the
Bell Tower Condominium Mop (Exhibit D).
In 2001, the owner of lhe second floor spoce remodeled fhe existing commerciol uses info o
condominium. No Plonning ond Environmentol Commission opprovols were required, ond no
omendments lo ony previously opproved condilionol use permits were processed. At this
lime, the owner of the third floor spoce signed on updoted deed restriction on the EHUs. os o
condilion of the building permil. A Type lll Employee Housing Unit designotion requires o
condilionol use permit in the CCI zone districl, but no conditionol use process (legol notice,
notificotion of odjoceni properties. public heoring) occuned os legolly required. The deed
restriction wos signed by o plonner, rother thon by the Town Monoger, os is required on the
form (Exhibit E).
As is evidenced by lhe exhibits. no omendment to the originol condilionol use permil is
required fo eliminole the EHUs. The requirements of the originol 1979 opprovol hove been
fulfilled, os hove the requiremenis of lhe l98B Condominium Conversion opprovol. No
odditionol conditionol use oermiis hove been issued. ond therefore no new conditionol use
oermil is reouired.
Furthermore. os Exhibit C indicqtes. the EHUs ore considered to be port of the enlire Unit R-l .
As o resulf, the floor oreo within the unils is eligible to be converted to GRFA vio Seclion l2-15-
4: lnterior Conversions. Voil Town Code.
As o resull, no GRFA vorionce or condilionol use permii ore required lo process lhe
opplicotion fo remove the EHUs ol the Bell Tower Building. As port of the remodel of lhe third
floor unit, we will be submiffing o new condominium mop ond condo declorotions thol will
reflecf the chonges thol hove been mode to the Bell Tower Building since 1988, olong with
the chonges we ore curently proposing.
Should you hove ony quesfions or require further clorificotion, pleose do not hesitote lo
conloct me oI 970-748-0920 or ot ollison@mpgvoil.com.
Sincerely,
{^{*
Allison Kent. AICP
Mouriello Plonning Group
MINUTES
PLAI'INING & ENVIRONMENTAL CO}IHI SS I ON
UEETING oF Aprtl 10, 1979
L:OMMIs S ION MEMBERS PRESENT:
Ed D rage r
Jack Go eh1
RoD Tod dCerry llh ite
Sandy Hi11s
Roger T l1keEe ie rJIr Hor gan
STAFT MEUBER:
Jiu Rub {n
The itee ou
div
f lrst
Lor 14
The secon dsl.on of Lot s 10
ot l Lne
the agenda:
Mradovs 1st
iten
& 11
on the
Elock 1
sgenda:
Vatl
Jiu Rubln preserted thls to tbe CoDEissioa, and aftersoroe discussion, the MogioD vas rrade by Ron Toild to approve theresubdlvision of f,ots 10 e 11, albck f, Vaif Vlllage ist f ff f.ng tocorrect the locatidn of a lor 1ine. Roger Tllkeneier seconded-rheMotloD and the Corlrrisslon voted unanlnois approval.
' The third lten on the agenda: prelDlDary review of the
Ur. Steven HanDon, presideDt of Laqdnark prope.rtiea waspresent to address the Comnissioa aloog rrLth Ror Mc.au;ha; "oa'-inuf.architecE.
Jin Lubiu erplai[ed the Flrsc.pha6e is for 5 duplex parcelsae part of e 30 unlr ToI'nhouse project t.hich t 1I1 te called S,_ri.rai.f -Mr, Rubin explained that the p"i".-1" w!11 be sold separaEely as duplerhone sites. Jirn explained that he had ai.cu.sed this co!'cept wj.!hLarry Rider, Tolrn Actorney aud that the staff feels thls is anadva_utageous t'ay of handling the project as it vill allo!, flexiblll-ryon the locarton of buildings. Townhouse declaratiois ioi tii""J"o:".awere then discugsed. _These declarations provide lega1 access tlthe 5 parccls, as lrell as size restrictiois. Jln Rubin requested thatnorc specific restrLctions in regard to Setbacks, Height, -dite
coverage, T,andscaping and parkint be lncluded in these declaratlons.
Ihe site olan vas presented to the Conruiss{on, Afterfurther discus6lon,' the-Motion was rnade-by- cerry HhlEe to approve thefirsl phase of rhe suDdial r:onntrouse-fiojlct wlth the conditloq thaEthe developmenr rcsrricrions of the Two-iarni.ry R. " i;;*; i;i -;;;: Disrrlcrin regard to setbacka, Helght, Sfce Coverage, Landscapi.ngr and parking
for Varianc e,
applicant-
Ast/Klel.ner Dupl ex Rea ues t
F iling, was nlthdrarn by the
l Re-A licatton for a
Page 2.
MINUTES-PEC
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be lncluded 1n lhe Torduhousexon Todd seconded the HoEIon
to tr,o co,il,3l"'f"i""1"'ed that
Ll:.::,". t;:';:";:,:#::';l:"ou]'ldtng out in the VllIage.
d-eclatations for thls F.lrsE phase.and the ConEisslon votea unaiiiJJ, "ou.ouu,on the agenda
the S chob er Bul.Irl tn connEiiTi Core
Pepl Grao shannerto the additionspresent and spoke
had sent a let Certo buildlngs inCo his concerns for
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4-LO-7 9
llr, Gramshaof rn.reas"i-.;;;;;::t1:r ltas- stil1 very concerned about the effecrsE" ";; ;;;-;;""'.'i i"^u'i.I3.:.: "l:I;.]"j:l: *;";:. tn. t """r, p."ui"," .
Bon Todd asgured Ur, Graushanoer lhat the plaanlng &EnvLronmenca1 coaDission rr"" ar,"""-i"ii-]",of thc reetauranr in ;;; -':;^i:: ";-- ::1f saue concerns. The ouner
.t:. tl'e 9oi;iJ"i.".'""!uirl;n;:""'.i:'::llt:":::H: :i;i::;i.:lii"in::
ii::ii.!"iiiJi"nil"i"lli,:;:;;:;,i':*l:1". Buildlag rr"s "-i"iv gooa
:i.'iir*;:'i:'; "lli:.
;"-;r; ;;;p';":t1"":fo::":"li:':, ;::.::::";;;"'
_ Gerry llhlte a.h"" 3199 the ltotion ro approve the Condittonalu6e Pcrntc for the r"h:-b:: r"riaiig ii'ilirur.t"t Core r as presenred.R_on Todd seconded rhe.ro,t_rou. -;;;:y-lld;l..n"o
uade the conuentf,nat nith the reductioa ln square fiocage, lrhere 1t does Dot affeccthe vtew corridors! and fira'i;-;"i;-;;ii'th" extsttng srructure; ahereels thls second urooosal does ,""i ifr"'"iitetia aet forth i-n theZoning ordinanc.e "oa it"t rhe prc-iJs-.i"iin"u it. thoroughly. Thecottrqissloa voted unauiuous approval.
-The fifth lteu oa thetor a.Conditional Use f erE.lt itr
agenda: C r eeks lde
c onuer c ia 1-CiTE-I --
8u11di n Reque st
_ The appllcant _has requested that this be postponed untll;:;,1::i":.fltil.rL"iliu"nr"a,J"ii"i-";..;;" plannlng e i:".,rl"o-.1"..r
The s lxth lt3++' "'.-"ioiiiiil.';:: ::,:::.:i'li:;nert -regularry scheduled ,",iii"g-"t -Ii.
Connission oD April 24, LgTg-
a
.- JiD Rubln explained co the CoDmi8aiou thar they need toql.scu6s this and Eake thetr ,"""r_"ioJiioT" .o the Tow! Council .
l*l: l,::,:li'!:":;:'l:*;":;:I.""li; I:ii"':;,1:;;:1..:".;:.,11i1..",o".t.hat the staff is concerned "itr, "iy-.nJi"""t r.". oi-o"iril:;]il. sandynrrrs acated she feets rhre en.io";il.l"i.Ji""ra nor be allowedl
Ror Todd ."1: ah: Hotion to recoDE-end ro the Town councilorsapprovaL of the Droposed oua"ij"-a."i-ir,
""rro, vaLl rhaE wouldencroach on TotrD of vail sar.",o-t-J.i*ir"I'r The Moclon secorrdcJ byo"ttfn fJ"|rton"ij" rt]" cour'ission ".;;;';""';'i;o,.sry to rFcomnend disapprovar
Llgnsrldge Cl-Cs DeveLothis be po-ipon?a-inti.fPlanning & Envir onrnen tal
Page {
}lINUTES-PEC
4-10- 79
fhe elghth ttero on the. agenila:
E4!!!re FundiuB Reconnendarlons. ihu ""These re comuenaatiEiG- ail-?i-E-ae para t e
lleetlrg adl ourned. 6:15 p.M.
Public,/prtvate Join Ewere discussed in full.rePort.
f#tbiE-E-1
TO:
FROM:
Planning and EnvironEental Conmission
DepartDent
Tower Building-condoniniun conversion of the BelI
_______>DATE:
SUB'EEP:
r.
Applicant: g6ll tower Associates, Ltat.
rIfE REOUEST
BeIl Tower Associates, Ltd-. desires to corplete acondoniniun conversiorEo arlo.,o transfer "f : :: the Bell Tower Biirdint in orderlI: ."*1.!t"n ""ii"iiilp =iiril ;ff $i::'lj_T;li":;=';f::":":H,ffiI1,":.Xiil suuaivision .Iiilii.ron=, chapteraccornrnodatiJ;';;i.:";i;iii"i;" *ii"*:::-": .""i=iiig""='
rI. CRTTERTA TO EVALUATE TTIE PROPOSAL
f5i::Tiri:#"i:.:: the.condoniniunization of the Berr
:*p$::='til!:.ig:itiiti;il,:;"::i:.:';:';ll."f "*:"'_not- rrr"=.'"iiiJler accomnodation units are involved or
l!!;*:iiil,:t":::ii":ii=_T:i::ff :".:i ;it"1:Jit;:;=;:.
weriare, -iJ -;;;;;" =:- P:"note Publ ic treartn, -siieIi,-i"o
prrvsicii ;t.##;: Ehat. converted un its reet reasonabreEvistion ai;";;:i:^:lcl to protecr frou unnecessarycondobiniuns. lents of rental unit" leint-"Jiii=t"a t"
A. Section 17. 2(
*#:iff"f;:lniil:il:iiFf:i il:;i:t ff3T;$:::"
eoatr or .n.'tlilit=tent $1th ctre toriowli;-f,;$rs
1,. To encouar";i:"i#ii- ff:.i$i.i;Lif""l"illrlig ;;",.,r"housing types.
a to acconrnodation unitto_this request- There
c,onversions is not iliricalrellT:ltrv. exisrins wilr,in trre}K ""pr "y""' r, Ji;iil"i" jil:'"fi ::" u;* 1.I""*i p.'111i1.s_.i;;
F_Jg"!t_ rer.n r"i=",'-Jit r units, histori
ema t-n as Ieaee onl ora 9un:----T
ardcondition oi upp.oili'or s wirl be athis request.
Staff Response:
The agreellen! bv the applicant to restrict unitsR-3 and R-4 to long tern enployee housing for aL5 year period neeis this ciitlria. -----'. -
To expand the supolv of.decent housLng for lorrand Doderate inc6ire- f anrr:-es -
Seaff Response:
This proposal does not change the supFly ofhousing in the "or*unity.
-"'* -..
3. To achieve
rov,n-uy il"i"3:iil.il:Tffi#: ::.i:;: ::i *:supply of housing-f"" p"opf "-.,t i wfll holdthem.
staff ResDobse:
This prolroEa*.9::: nor irnpacr rhis crLteria,other than allowing conm"i"i.f -operators
thesecurity of owning-th"ir ""n-!eJle.B- The Connission may require that a reasonablepercentage of the converted units ie-ieserved forsale or rental to persons of ,n"a"_iI"^ income.
Staff ResDonse:
The applicant has agreed. to restrict the teo existingrental units for a i5 y"ar p;;f;:- - -
C- The planningr conn19si91 nay deny the terrtative orprerininary rap upon rinaiig [illti"" "
t. Based on the_ in_fornation required by !7.26.O-tOand on the vacancy ."[" r."-r!il"r rrorrrino_tenants lril l_have- substantiai -diiiil.iii..yi
obtaininE conparabty- p;i;;;-;";i;i-;;:id:, arentaJ. vacancy rate b;Iow ii""--"",the nost rec"it rorr,-"iili"ir;;.IEffii:=oased on
housing enerlrency situatioir.
2- The ratio "f^ryllip]:_fanlly renral units woutdbe reduced to less- than tlreirty_fir." percent ofrhe total nurnber_of a"Jrii.d-iriiJ rn tn" co..valley, fron! p:ri,9,Juncti"n -E""-l-i"
tn" base ofvail Pass, rr.bej.ng provid:;l t" replacement rentar rt""=ini-
2.
, S.taf f Response:
Ihis pr_ opogal presents no irnpact to thiscriteria -
T-", Tl-t: of vall . Buildlng Departrnent has cohpleted therequired inspection for. ionvirei"n -i"I-iri-.equired
criteria have been ner by tt J-"ppif"lit]'-
rrr.
# t: Bett. Tower building o. ntains no acconlod.ation units:l:"ffi":*T::"I:,_i"^::ifU:=:' ;,F il section resardinsaccotrDodation unit convlrs lqrs. liig -"ppriliii' rriliii::Eto a 15 year J.onq teza. rental restrictiln-Io condo unitsR3 and R4 ebich 6urrentry .;;;-;;-;rpiIy"! noo=ins units.
IV. STAFF RECOU}IENDATTON
As a condition of approval, the tinal condominl-undeclaratione to be iecord"i witrr-iii"-pfat nuif:IJntafnappropriate fanquage, restr-icting ""it5 n_r and R_4. Thislanguage wirr be r6vlewed
-
Dy i"i"-"r'iuir staff prior torecording of the condouiniu.i ;;; -;;
doorrr.nt=.
Se{-sS J*r,ll,a r.^1|2<*'rn t/'.r"/t-
f<1rsrt*,-'***t=,
O(ttilltfi lr.r fl.ltLoFl$} r
Planning and Environmental Commisson
ACTXOI{ FORM
Ospartment of f"ommunity Development
75 South Frontage Road, Vall, Colorado 81657
tslr 970,479.2139 frx: 970.479.2452
web: www.vallgov.con
Project Name: BELL TOWER VARIANCE
Project Des6iption:
FINAL APPROVAL FOR A VARIANCE UPON RESOLUTION OF AMENDED C,U.P,, INCOPROMTION
OF EXISTING FLOOR AREA TO GRFA WITHOUT INPACT ON BULK, MASS AND SCALE OF
EXISTING BUILDING.
Participants:
OWNER STAUFER, HERMANN
PO BOX 5000
VAIL
co 816s8-s000
ru05/2007
APPUCANT VAG, INC. ARCHmCTS & PLANNll/0s/2007 Phone: 970-949-7034
PO BOX 1734
VAIL
co 81658-1734
License: C000002386
ARCHITECT VAG, INC. ARCHITECIS & PLANN 1 1i05l2007 Phone: 970-949-7 034
PO BOX 1734
VAIL
co 81658-1734
License: C000002386
Project Address: 201 GORE CREEK DR VAIL Location: BELL TOWER CONDOS-2O1 GORE CREEK DR
L€gal Description: lot: Block: Subdivision: BELL TOWER CONDO
Parcel Number: 2101-082-6300-1
Comments:
BOARD/STAFF ACTION
PEC Number: PEC070067
Motion By:
Second By:
Vote:
Conditions:
Planner: Bill Gibson
Action: WITFIDRWN
Date of Approval:
PEC Fee Paid: $500.00
Bell Tower GRFA Variance GEC07-0067)
A determination has been made that the two existing EHU's are not separate entities from
the MacFarlan's dwelling unit R-l. Therefore, should the Town Council choose to lift
the EHU deed restrictions from these portions of Unit R-I, these areas may be integrated
into the dwelling unit through an Interior Conversion. Therefore, GRFA variance
PEC07-0067 has been withdrawn.
Variance Application for Review by the
Planning and Environmental Commissio
D!iraIl.fi ''aiII cl t':lt]li:,.,:::li J,.r'!f iil.)i": trii
7i Sr:':t:. F.f oiil;at.: ir',:l-i, ".'i;;i, i.': a,' :i t:a.a';
r3i: f,7.1.i 7'. j i: $ tar .'):,+'l':.2..,52
v,,!b: ri",1'rr.v.riic09.a6ti i
General Information:
iii1;i'11;36,..'|.L.0,.]jri[!;Jlannin;anJittr.'li:il;.c:i
:]',.ii]lj1q::'ijI:]:ij<i;'i,]]]i;li1c:..
I'il r al)lll:C;rlLll) f{-,i a)iarri,rni)
:,!r..ir'!::jl,,i:.*{.L.::]l'|l,']i.\'i'ii.ieii:,i;;li.j:i:Iifjaf.'|]t'j|'
{:i;-:iaii ::ji4 5r i,r/: ler.rir; ii<, .:,, $i:ic
Type of Application and Fe€:
1)(t
n
#g
ooov;1t.-i.rli,t!-] !: .ii:L
iia,lor S r ll1i,,' jsi,l.: l, ilc;
i.':inc. Sllhdivl!;i1 tbsi:
i-, Ci";rill a'n |ti:t Si.qJ
l.1f:i:r ii,l r.t:;;{jm-,:;)t t"c dt: Si)ij I I i-'l;-i
llcr'; Spi.c:;;t :1.'r:+pmcni Disirac 55lijC
f.lijirr /in1e:rri')cili to an StD 56$i,i
l'le]Or A!fle Cml"rt $ an SDD 5il50
(n, e.Yt e r{tr r, :t^li!7a?iir1t )s)
,- Li',:ir-jitr0,"rai l,iS,,' i'rlrn, I
i- llt.gllr,ii'r !i',:i::fri,,tiilr
1-: i.1r:;ur frirllra)i /{ r'.'i I r. Ii ii: ]
i li,:;i;' fxtert(:r Ail::rii:itl
I ii:\,4:c!,i rt i: i i'r Piatt
l': i!:!.'::idxreli: ifl a De,,'{r:a);;:iIti: i';dr']
J-r iicnrng CcrJ3 A.ira::;crr:€i:i
ff V*rre;rce
|] Sliii \"ir;i ttc
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Physical Address: 2:l_-_ 9f=re^-_-AgeFl+.".FNB^ .,1-iF t-r::tourE..f! -. c?FtPq
69or -3
Parcel No.r _?-lo-!-:_OO_U_-.|Q: ) -_ (Ccntaa iagle Co. /rsliisrcr at i)7,1'jlij-Urj'iil fer p:rrl.:l t:1.)
Zoning: OOJ
Nanre(s) of owner(s): . .t=A\\- - ,t$A9EAF_!4i\_
Descriptionof tlreRequestr _-Uf.eH_._"Fqcpe.-\r:tr."*ht," -p-F""- .AHFNP-€P---cll3-
-. .fdlaefyo.&t?N - eF- -€Xls:1.j^te . - F-eo-E^-&s.A-----ao- ---eFfA-la'fa*-
,.Ln.r,fta:T- * _a*N_, , eA!L_-!Ae" _L_tutp. at_ QYE__F'.eF9, -
Location of the Proposalr Lot;__Block:Sufii'vislof': fC\J.,fpbFF cot\co
owner(s) Signature(s) i
Nanre of Applicant: DAV lD |.07.VAs- lr"lo.
Mailing Address: - _ .l_.S. -- t19X tr3-+-'r*1g rae DlbS-?
- Phone: -, -.-11o-,-3-1C,1
o3+
F - ma i I Add res s: d*avlAbI !4afdt:&,.t>,*mr ax 11o. 14'1 .ale+
-ffi Application for a Variance
Subm itta I Requirements
GEiIERAI II{FORIIATION
Variances may be granted in order b pre\rent or to lessen sdr practical dimorlties and unnecessary physical hard*rips as would
result from the sfict interpretauon and/or enforcement of the zoning regulations inconsistent with the development objectives of
the Town of vail. A pradical dfficulty or unnecessary physiol hardship may result from he size, shape, or dimensions of a sib or
tfie locauon of existing sfuctures thereon; from topographic or phy:lcal condi[ons on the site or in the immediate vicinity; or from
other physical limitations, street loca[ons or conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or
literal compliance with a regulation shall not be a reason for granting a variance.
I. SUBMITTAL REOUIR,EMENTS
E/ Fee: 9500.00
O/ Stamped, addr€ssed envelopes and a list.of thc property owners adjaent to the subject property, induding
properties behind ard across streets. The list of property owners shall include the ownery name(s). conesponding rnailing
address, and the physical address and legal description of the property owned by eadr. The applicant is responsible for correct
names and mailing addresses. This information is a/ailable from the Eagle County Assessor's office.
/ ,,,," Repo6 induding schedutes A & B
E written apprcval from a condominium assocjation, landlord, and joint owner, if applicable,
d I *.itCn C""oiption of the nature of tfie lrariance rcquested and the speciftc regulation(s) involved, including an
o(danation of why tt|e variance is required and why the strict or literal interpretation of the specific regulation(s) would result
in a physical hardship or pnctical difficulty.
O/ I written st*m€nt addressing the following:a, The relauonship of the requested variance to other existirE or potential uses and structures in the vicinity.b. The degree to whidr relief from the sfid or literal interpretation and enforcement of a specified regulagon is necessary to
achieve compatibility and uniformity of treatrnent among sites in the vicinity or to attain the objectives of this title without
grant of speclal privilege.
c. The effect of the variance on light and air, distribuuon of population, transportntion, traffic facilities, utilities, and public
safery.d. How the request omplies with adopted Town ofVail planning policies and development objectives.
d Sta.p"A fopographlc Survey (Four comptete sets of phns).
d Extsting and Propoced SitE and Grading Plans (Four compt€E sets of plans).
d erfting and Proposed Architechrral Elenations (Four complete sets of plans).
E/ eri"ting and Proposed Architectural Floor Ptans (Four complete sets of plans),
E All plans must also be submltted in 8.5' x 11' r€duced format. These are required for the Planning and Environmental
Crmmission members' information oackeb.
El Addltonal Material: The Administrabr and/or PEC may require the submission of addiuonal plans, drawings, sp€ciRcations,
samples and other materials lf deemed necessary to properly E/aluate the proposal.
I have read and underctand the above listed submittal requirements:
Project Name:
Applicant Signaturc:
'3.0
Flcdev\FORMS\Permits\Planning\PECVariance.doc Page 3 of 6 1t4t06
i
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DETAILED SUBMITTAL REOUIREMET{TS
Topographic survey:D Wet stamp and signature of a licensed surveyor
Date of survey
North arrow and graphic bar scale
Scale of 1"=10'or l"=20)
Legal description and physical address
Lot size and buildable area (buildable area o(cludes red hazard avalanche, slopes greater than 40olo,
and floodplain)
Ties to existing benchmark, either USGS landmark or sewer inveft. This information rnust be clearly
stated on the survey
Property boundaries to the nearest hundredth (.01) of a foot accuracy. Disbances and bearings and a
basis of bearing must be shown. Show e><isting 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 tide report. Ust 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 group 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 o<isting improvemenE (induding foundation walls, roof overhangs, building overhangs, etc.).
Environmenbl Hazards (ie. rocKall, 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
Telephone Water
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.
Site and Grading Plan:o Scale of L"=20'or largero Propefi and setback lines
Existing and proposed easements
Existing and proposed grades
Existing and proposed layout of buildings and other structures including decks, patios, fences and
walls. Indicate the foundation with a dashed line and the roof edge with a solid line.
All proposed roof ridge lines with proposed ridge elevations. Indicate existing and proposed grades
shown underneath all roof lines. This will be used to calculate building height.
Proposed driveways, including percent slope and spot elevations at the property line, garage slab and
as necessary along the centerline'of the drivewayto acclrrately reflirt grade.' .
o A 4' wide unheated concrete pan at the edge of asphalt for driveways that exit the street in an uphill
direction.
o Locations of all 'utilfties includihg &fsting sourcis'and proposed service lines from sources to the
structures,o Proposed surface drainage on and off-site.
D Location of landscaped areas.
D Location of limits of disturbance fencing
Gas
Electric
Flcdev\FORMS\Permits\Planning\PECVa riance.doc Page 4 of 6 114t06
a
a Location of all requircd parking spaceso Snow storage areas.o Proposed dumpster location and detail of dumpster enclosure.o Retaining walls with proposed elevations at top and bottom of walls. A detailed cross-section and
elevation drawings shall be provided on the plan or separate sheet, Stamped engineering drawings
are required for walls between 4'and 5'feet in height.o Delineate areas to be phased and appropriate Uming, if applicable.
Arclritectu ral Floor Plans:o Scale of 1/8' = 1'or larger; 1/4" is preferred
o Floor plans of the proposed development drawn to scale and fully dimensioned. Floor plans and
building elevations must be drawn at the same scale.o Clearly indicate on the flmr plans the inside face of the exterior structural walls of the building.
tr Label floor plans to indicate the proposed floor area use (i.e. bedroom, kitchen, etc.).
o One set of floor plans must be "red-lined" indicating how the gross residential floor area (GRFA) was
calculated, See Title 12, Chapter 15 - Gross Residential Floor Area for regulations.
, o Provide dimensions of all roof eaves and overhangs.
Architectural ElevaUons:o Scale of !8" = 1'or larger; 1/4'is prefened
o All elevations of the proposed dwelopment drawn to scale and fully dimensioned. The elevation
drawings must show both existing and finished grades. Floor plans and building elevations must be
drawn at the same scale.o If building faces are proposed at angles not represented well on the normal building elevations, show
these faces also.B Elevations shall show proposed finished elevation of floors and roots on all levels.
o All exterior materials and colors shall be specified on the elevations.o The following shall be shown graphically and fully dimensioned: fascia, trim, railings, chimney caps,
meter locations, and window details,o Show all proposed elterior lighting fixtures on the building.o lllustrate all decks, porches and balconies.tr Indicate the roofand building drainage system (i.e. gutters and downspouts).
o Indicate all rooftop mechanical systems and all other roof structures, if applicable.
o Illustrate proposed building height elevation on roof lines and ridges, These elevations should
coordinate with the finished floor elevations and the datum used for the survey.
B Exterior color and material samples shall be submitted to staff and presented at the Design Review
Board meeting.
PRE.APPLICATION CONFERENCE
A pre-application conference with a planning sbff 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 deterlnine submittal requirements. Please contact the Town of Vail Development Review Coordinator,
Joe Suther, 97 0-47 9-2L28.
TIME REOUIREMENTS
The PlanJring and Environmental Commission meets on the 2nd and 4th Mondays of each month. A
complete applicaUon 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 ofthe PEC public hearing.
Approval of a variance shall lapse and become void if a building permit is not obtained and construction
not commenced and dilligently pursued toward completion within two (2) years from when the approval
becomes final.
Flcdev\FoRMs\Permits\Planning\PEcwariance.doc Page 5 ol 6 1l4l0o
I
ADDITIONAL RE\IIEW
A, ff this application requires separate rwiew by any local, State or Federal agency other than the Town
of Vail, the application fee shall be increased by $200.00. Examples of such review, may include, but
are not limited to: Colorado Department of Highway Access Permits, Army Corps of Engineers 404,
etc,
B. The applicant shall be responsible for paying any publishing fees which are in o<cess of 50% of the
application fee. If, at the applhanfs request, any matter is postponed for hearing, causing the
matter to be re-published, then, the enUre fee for such re-publication shall be paid by the applicant.
C. ApplicaUons deemed by the C.ommunity Development Department to have design, land use or other
issues which may have a significant impact on the community may require review by consultants in
addition to Town staff. Should a determination be made by the Town staff that an outside consultant
is needed, the Community Development Department may hire the consultant. The Depaftment shall
estimate the amount of money necessary to pay the consultant and this amount shall be fonryarded
to the Town by the applicant at the time of filing an application. Expenses incurred by the Town in
excess of the amount forwarded by the applicant shall be paid to the Town by the applicant within 30
days of notification by the Town. Any excess funds will be returned to the applicant upon review
completion.
Please note that onty complete applications will be accepted" AII of the required information must be
submitted in orderfor the application to be deemed completa
Flcdev\FORMS\Permits\Planning\PECVariance.doc Page 6 of 6 114106
No' 01 0 l9:59a
a
Wales Madden 8063797049 p.2
JOINT PROPERTY OWNER
WRITTEN APPROVAL LEfiER
:. (prin i narrE)lla'l es t"ladden , Jr.a joii: o'.vner of Prc;erfi ;cca:ei at
prsldce :lrs letter as'.'irirre: appio/ai of ihe plans oatn'J - Ht't'-2- , 2tC1
rvh ch heve been subn:rt!':l io t:le Tclr,'n Ji Vail Cornmunic/ De?eioD'Ten' Cetdrtment fcr :ne
p(oposed imprcvemenls to ce cornpletid ai the address notryl above' i understand lhai rne
praposed improvements inclLne:
; E$t-I rr,iTc, -t.tl€ - E+'; Fl4
tilal<a Tt6dd'€"^-.o/F,:, lel-
tSigr.rrurct
Addiuonallyr pleat€ check the statement below which is rnost apPlicable to you:
V I understand tha! n.mor modiicatclis may ce made :o t'ie o'ans over tie cottrse ol'tte
rerlw process to ersure complidnce with tf'e Ttsrtn'> eaplitable cdes atd regu[attons'
t.fn;riui ircru';
5 I Fe4^rst ',l,dt al: mcdjlL?rlcns, rninor of o ien"ise' ,yhici afe fia& lc er,e glans ster dte
course of ihe fevier'/ PrcieSS' be t\1ugft ta F7 a|relf'L;t tv lhe df;Fi'ia\t for adtr'iticrai dppraval
*fore unCergctog !'urthei' revietv by the Town'
fnit^lt**l
American Land Title Association Commitrnent - 1982
TITLE INSURANCE COI}TMITMENT
BY
rstewartL--,---. > title guaranty company
OrderNumber: BellTower
We agree to issue policy to you according to the terms of the Coumitnrent. When we show the policy amount and
yout nanrc as the proposed insurcd in Schedule A, this Conmitment becomcs elfective as of the Commitment Datc
sbown in Schedule A.
If thc Requircments shown in this Commitrrcnt have nol bcen met within six months after the Commitrnent Datc, our
obligation under this Commitsnefi wilt end. Atso, our obligation under this Comrnitncnt will end when thc Policy is
issued and then our obligation to you will be under the Policy.
Our obligation undcr this Commiorrnt is limited by the following:
The Provisions in Schedule A.
. The Rcquircments in Schcdule B-I.
Thc Exceptions in Schcdule B-lI.
Thc Conditiom on Page 2.
This Commimcnt is not valid without SCHEDULE A and Sections I and II of SCHEDULE B.
THIS COMMITMENT IS NOT AN ABSTRACT, EXAMINATION, REPORT OR REPRESENTATION OF FACT OR
TITLE AND DOES NOT CREATI, AND SIIALL NOT BE THE BASIS OF ANY CLAIM FOR NEGLIGENCE,
NEGLTGENT MISREPRESENTATION OR OTHER TORT CLAIM OR ACTION, THE SOLE LIABILTTY OF
COMPANY AND ITS TITLE INSUNANCE AGET{T SHALL ARISE UNDER AND BE GOVERNED AY PARAGRAPH
4 OF TIIE CONDITIONS.
IN WITNESS WHEREOF, Stewart Title Guaranty Conpany has caused its corponte name and seal to bc hereunto
affixed by its duly authorized officers on the date shown in Schedule A.
rste\Martr-trtr. q!a.r.rtt' EqnF v
Stewart l ille ofColorado - Vail I)ivision
97 Main St., Suite W-201
Edwarrls. C0 81632
Order Number: BellTower
I of 2 CommrtrDcnt - 2J5 w/O Drsclosurc
Countcrsigned:
Authorized Counlcraignatu-re
COMMTTMENT FOR TITLE INSURANCE
SCHEDULEA
l. Effective Date: June 29,2007 at 8:00 a.m. Order No': BellTower
2. Policy or Policies To Be Issued: Amount of Insurance
(a) A.L.T.A. Owner's
(b) A.L.T.A. Loan
The estate or interest in the land descrlbed or refcrred to ln this Commitment and covered hereln ls:
Fee Simple
Tltle to the Fee Simple estate or interest in said land ls at the effective drte hercof vested in:
BELL TOWER PARTNERS, LTD.
The land referred to ln this Commltment is dercrlbcd rs follows:
Condominium Unit R-l
BELL TOWER CONDOMINIUMS
According to the condominium Map recorded January 16, 1989 in Book 498 at Page 704 as
ReceptioriNo. 394895 and as defined and described in the Condominium Declaration recorded
January 16, 1989 in Book 498 at Page 703 as Reception No. 394894'
3.
4.
COUNTY OF EAGLE
STATE OFCOLORADO
Purportcd Address:
201 Gore Creek Drive Condorninium Unit
R1
Vail, Colorado 81657
STDWA"RTTIILE
GUARANTY COMPANY Commih€tt - Schcdulc A
Prcc I of I
STATEMENT OF CHARGES
These charges are due and PaYable
before a Policy can be issucd:
SEARCH FEE: $150,00
COMMITMENT FOR TITLE INSURANCE
SCHEDULEB-Sectionl
REQUIREMENTS
Order Number: BellTower
The following are the requirements to be complied with:
l. Payment to or for lhe acoount ofthe grantor(s) or mortgagor(s) ofthe ftrll consideration for the
estate or interest to be insued.
2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed
for record, to wit:
3. NONE, THIS REPORT HAS BEEN PREPARED FORINFORMATIONAL PURPOSES
ONLY.
IIEWARI TTTLE
GUARANTY COMPANY
Commilrncnt - Schcdulc B I
P.gc I of I
Ordc. Nutnbcr: RcllTowcr
COMMITMENT FOR TITLE INSURANCE
SCHEDULEB-Section2
EXCf,PTIONS
Order Number: BellTower
The policy or policles to be issued will contein exceptions to the following unless the seme are disposed of to
the satisfaction of the Company
l, Rights or claims of parties in possession, not shown by the public records.
2. Easements, or claims of easements, not showtr by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any facts, which a
correct survey and inspection ofthe premises would disclose, and which are not shown by the public
records.
4. Any lien, or right to a lien, for sewices, labor or material heretofore or hereafter furnished, imposed by
laws and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created first appearing in the
public records or attaching subsequent to the effective date hereof, but prior to the date the proposed
insured acquires of record for value the estate or interest or mortgage thereon covered by this
commitment.
6. Unpatented mining claims, reservations or exceptions in patents, or an act authorizing the issuance
thereof; water rights, claims or title to wator.
7. Any and all unpaid taxes and assessments and any unredeemed tax sales.
8. Any and all assessments or expenses which maybe due and payabte to Bell Tower Condominium
Association.
9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation
or other district or inclusion in any water service or slreet improvement area.
10. Reservations or exceptions contained in U.S. Patents, or in Acts authorizing the issuance thereof'
recorded Scptember4, 1923 inBook 93 atPage 98, reserving l) Rights ofthe proprietorofa vein or
lode to extract and remove his ore therefrom and 2) rights of way for ditches and canals constructed
under the authority ofthe United States.
I l. protective Covenants for Vail Village First Filing, recorded August 10, 1962 in Book IT4 a;tPage 179
as Reception No. 96381.
12. All matters shown on the plat of Vail Village First lriling'
13. All matters as shown on the Condominium Map of Bell Tower Condominiums recorded January l(r,
sTEutARtTfTLE ordcr Numb'ri Bclll.owcr
GUARANTY COMPAI{Y
CommitnEnt - Schcdule B 2
Prsc I af:
1989 in Book 498 at Page 704 as ReceptionNo. 394895.
14. Condominium Declaration for Bell Tower Condominiums reconded January 16, 1989 in Book 498 at
Page703 as Reception No. 394894.
15. Right of First Offer Agreement by and between Bell Tower Partners LTD and Belltower LLC recorded
October 18, 2005 as Reception No. 933516.
16. Agreement and Grant ofTemporary Easonent regarding Streetscape Utility and Snowmelt
Improvements recorded February 7, 2007 as Reccption No. 200703489.
17. Agreement Permitting Encroachment recorded January 26, 2Q07 as Reception No. 200702221 .
18. Type Itr Emptoyee Housing Unit Restrictive Covenant recorded May 16, 2001 as Reception No.
757173.
19. Any and all existing lcases and tenancies.
ITEWART TIfl,E
GUARANTY COMPANY
Cormitrnqrt - Schcdulc B 2
Pegc 2 of 2
Ordcr Numbcr: BcllTo*cr
DISCLOSURES
Pursuant to C.R.S. l0-l I -122, notice is hereby given that;
A, THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT;
B. A CERTIFICATE OF TAXES DUE LISTINC EACH TAXING ruRISDICTION SHATL BE OBTAINED
FROM T}IE COI.'NTY TREASURERORTHE COUNTY TREASURER'S AUTHORIZED AGENT;
C. INFORMATION FJCARDING SPECTAL DISTRICTS AND THE BOLNDARIES OF SUCH DISTRICTS
MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, TI{E COL'NTY CLERK AND
RECOFDER. OR THE COTJNTY ASSESSOR
NOTE: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article Vll requires that "Every title entity
shall be responsible for all matters which appear of record prior to the time of recording whenever the title
cntity con4ucts the closing and is responsible for recording or filing of legal documents resulting from the
transaction which was closed." Proyided that Stewart Title of Colorado - Vail Division conducts the closing of
the insured trons4ction and is responsiblc for recording the legal documents from the transaction, exception
number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued.
NOTE: Affirmative Mechanic's Lien hotection for thc Owner may be available ([pically by deletion of Exccption No.
4 of Schedule B, Section 2 of the Commitment from lhc Owner's Policy to be issued) upon cornpliance with thc
following conditions:
A. The land described in Schedule A of this commitmenl must bc a single-family rcsidence, which includes a
condominium or townhouse unit.
B. No labor or materials have been furnished by mechanics or materialmen for purposcs of construction on the
land dcscribed in schedule A of this commitment within the past 6 months.
C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic's
and Materialmen's Liens.
D. The Company must receive payment of the appropriate premium'
E. If there has been construction, improvements or fiuj or repairs undertaken on the property to be purchased,
within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded
liens will include: disclosure of certain construction information; financial information as to the seller' the
builder and/or the contractor; payment of the appropriate premium; fully exccutcd lndcmnity agreements
satisfactory to the company;
"nO,
*y additional'requirements as may be necessary afler an examination of
the aforesaid information by thc Company.
No coverage will be given under any circumstanccs for labor or material for which the insurcd has contracted for or
agreed to pay.
NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE TIIE COMPAI\Y TO PROVIDE ANY
OF THE COVf,RAGES REFERRED TO ITEREIN, I,JNLESS TTIE ABOVE CONDITIONS ARE FULLY
SATISFIED.
stcwart l-itlc of Colorado - Vail Divisi(m Flle Nunber: Bcll l orvtr
Discloaurcs
MINERAL DISCLOSURE
Order No: BellTower
To comply with the provisions of C.R.$. 10-ll-123, the Company makes the following
disclosure:
(a) That there is recorded evidence that a mineral estate has been severed, leased or
otherwise conv€y€d from the surface estate and that there is a substantial likelihood that a
third party holds some or all interesl in oil, gas, other minerals, or geothermal energy in
the property; and
(b) Thai such mineral estate may include the right to enter and use the property without the
swface owner's permission.
NOTE: THIS DISCLOSURJ APPLIES ONLY IF SCHEDULE B' SECTION 2 OF THE
TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED
MINERALS.
Stclrs( 'l illc of Colorado - Voil l)ivisiorr Fllc Nunber: Bcll'l'owcr
Min€ral Di6clorure
Rcv.07/2001
Privacy.Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Grarnm-Leach.Bliley Act (CLBA) generally prohibits any financial institution, directly or
through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third
party unless the institution provides you with a noticc of its privacy policies and practices, such as thc
iype of inforrnation that it collccts about you and the categories of persons or entities-to whom it may be
diiciosed. ln oomplianoe with the GLBA, we are providing you with this document, which notifies you of
the privacy policics and practices of Stewart Title Guerrnty Compnny.
We may collect nonpublic pcrsonal information about you from the following sources:
r lnformation we reccive from you, such as on applioations or other forms'
o Information about your transactions we secure from our frles, or from our affiliates or others.
r Irformation we rcceive from a consumer reporting agency.
. Information that we receive from others involved in your hansaction, such as the real estate agent
or lender.
Unless it is specifically stated otherwise in an amended Pnvacy Polioy Notice, no additional nonpublic
personal information will be collected about you.
We may discloSe any Of thc above information that we collect about our customers or former customers
to our affiliates or to nonafflliated third parties as permitted by law.
We also may disclose this inforrnation about our customers or former customers non affiliated companies
that perform serviccs on our behalf.
WE DO NOT DISCLOSE AI.[Y NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH
ANYONE FOR ANY PURPOSE TTIAT IS NOT SPECIFICALLY PERMTTTED BY LAW'
We restrict access to nonpublic personal information about you to those cmployees. who need to know
that informalion in ordcr to pro.,ide products or scryices to you. We maintain physical, electronic, and
frocedural safeguards that comply with federal regulations to guard your nonpublic personal information'
Some states givi you the right io....ss and conect nonpublic personal information' You may contact us
in writing at out Home Office, if your state law gives you this right'
Revised 6/05
Privacy Policy Notice
PURPOSE OF IHIS NOTICE
Title V of the Grarnrn-Lcach-Bliley Act (GLBA) generally prohibits any financial institution, directly or
through its affiliates, from sharing nonpublic personal information about you with a nonaffiliatcd third
party unless thc institution provides you with a notice of its privacy policies and practices, such as thc
iype of information that it collects about you and the categorics of persons or cntities to whom it may be
diictosed. In compliance with the GLBA, wc are providing you with this document, which notifies you of
thc privacy polioies and practiccs of Stewert Title of Colorado - Veil Division.
we may collect nonpublic personal information about you from the following sources:
r Information we receive from you, such as on applications or other forms.
. lnformation about your transactions we secure from our files, or from our affiliales or ottrcrs'
o lnformation we reccive from a consumcr reporting agency.
r trnformation that we reccive from others involved in your transaotion, such as the real estate agent
ol lender.
Unless it is speoifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic
personal information will be collected about you'
We may disclose any of the above information that we collect about our customers or former cuslomers
to our affiliatcs or to nonaffiliated third pariies as permitted by law.
Wc also may disclose this information about our customers or former custorners non affiliated companies
that perform seruices on our bchalf.
WE DO NOT DISCLOSE A}IY NONPUBLIC PERSONAL INFORMATION ASOUT YOU WITH
AI.ryONE FOR AT.{Y PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpubtic personal information about you to those ernployees who need to know
that information in order to provide products or services to you. We maintain physical, electronic, and
procedural safeguards thal comply with federal regulations to guard your nonpublic personal information'
Some states givc you thc right to access and correct nonpublic personal information' You may contact us
in writing at out Home Office, if your state law gives you this right.
Revised 6/05
l.
CONDITIONS
DEFINITIONS
(a) "Mortgage" means nrortgage, rteed of trust or oth€r security instrument. (b) "Public Records"' '
,n"un. titl. reoords that glvi constructive notice of rnatters affecting your title - according to the
state statutes whcre your land is located.
I,ATERDENECTS
The Exceptions in schedulc B - Scction lI may be amended to show any defects, licns or
encumbrances that 0ppear for the first time in the public records or are created or attached betwcen
rhc Comnirmcnt Oaii anO the date on which all of the Requirements (a) and (c) of Schedule B -
section I are mct. we shall have no liability to you because of this arnendment.
EXISTTNG DBFECTS
lf any dcfects, liens or encumbrances existing at CommitrFnt Datc arc not shown in Schedule B' we
may amend Schedulc B to shown them. If we do amend Schcdule B to show these defccts, liens or
cncumbrances, 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'
LIMITATION OF LIABILTTY
Our only obligation is to issue to you the policy rcfcrred to in this Commitment when you have met
its Rcquircmcnts. If we trave any liability to you for any loss you incurtecause of an error in this
Corunitment, our liability witl be lirniied to your actual loss caused by your relying on this
Commitment when you aoted in good faith to:
Comply with the Rcquirements shown in Schedule B - Section I'
or
Eliminate with our written consent any Exceptions shown in schedule B - section Il'
We shall not be liable for more than the Policy Amount ihown in Sche dule A of this Commitment
and our liability is subject to the terms of the Policy form to be issued to you'
CLAIMS MUST BE BASED ON THIS COMMITMENT
Any claim, whcthcr or not based on negligenoe, which you may havc against us conceming the title
to ihe land must be based on this Commitment and is subject to its tcrms'
3.
4.
Order Numberl BellTower
2 Corrunilmcrit - 215 WO Disclosurc
'I\f ^!
lf -t
----VAg,Inc.
Archit€cts & PlannersTlrursday, Novernber 1, 2007
Scot Hunn
Plamrer
Torm of \tail Comrnuniq' Developrnent Department
75 S. Frontage Road
\rail, CO 81657
Re: Request for a Vadance, Bell Tower Third Floor Remodel, EHU
Dear Scott:
fhank you for the opportuniq' to submit this written statement associated with our Request for a \rariance to dre Torvn Code for
tlre Bell Torver Building.
A. Ve are request-ing a \rariance to dte Town Code for incorporation of the space rve assutne s.'ill be vacated via an
"Amended Condit.ional Use" into the area of the Third Floor Residence at the Bell Torver Building. The proposed use
will conform to drat of other adiacent buildings and those in the general viciniq' as it s'ill remairr a mlx of retail,
restaunlrt and residential spaces. Trvo ver]'rcrl and limiting factors should be taken itrto considemtion when
considering other alternative uses for d:e space:
r Though dre building includes 2 stainvells, one of them is not included l.r the residential emergency egress plan:
therefore tl.ris cornponent is considered to have "one exlt". The occupancy in this area is classified as R2. This
combination of being a brulding widr one exit and the height of the units above grade plane preclude a r occuPancy
for this space odrer than residential, per 2003 IBC Tnble 1018.2.
. f'he existing studios are not -{DA complialt, w'hich p21' preclude their occr,rpano. b1' certain individuals who are
fully capable of filLng the role of a full tirne, ,rear round emplotee.
Though aesthetics xre not addlessed anr.where in the Torvn Code nor the 2003 IBC, it should be mentioned that dre
ent{, sequence to these units, rvhile improved dunng the initial phase of redevelopment, is not desirable. The
emplo)'ees vill access their units via the north stair rvhich is accessed through the allel rvay. Mrile great effort has
been made to address the rnanv issues of this area during the course of dre redevelopment, tlis allertay w'ill include
the burlding dumpsters and the gas and electrical meters for both Bell Torver and Gore Creek Plaza. The Torvn of
\/ail Fire Department has also discouraged utilization of this alle;' for egress purposes.
B. The precedent for this request is established in the provisions oian "Interior Conversion" ur dre Torvn of Vail Code.
The Torvn of Yail does not curlenthr emplol a provision under the alrspices of "Interior Conversion" that deitnitivelv
allorv or othenvise prohibit an exchange of this nxture as it pertains to EHU or GRF-\. Likervise, EHU are permitted
to be rernoved and relocated l'ithin the Tos'n of Vail b,r' the Tos,n Code turder the auspices of "Inclusiolan' Zoning".
\\.e are requesting a ruling drat rvill allorv drese prec€dents to applr to this unique siruation. Tlxs ruJng is esseutiitl to the
progression of tl.re redeveloprlent as a r''hole.
C. This r-rrriance will:
a. Flnr.e 11o flegative implct what so ever ofl Iight and air or utilities.
b. Result in rrp to 4 "perrnaneflt, \'e?u round" citizens liring outside the Vnil Yillage area.
c. Potelrtialh- Iessen the rear round burden on traffic tacilities in t]re in-uncc-liate Ylil Vil]age arer lrri'irnre of tlre
relocation of up to -l "pelnanent, r'eal round" citizens.
d. Potentialh' lesseu the lear rorurd burdcn on public trxnsportntior.r in the imlredilte \-ail \ ilhge rrea lrt r-irtue of
the relocation of up to .1 "pellanent, r-elr rolurd" citizeus.
e. \\'idr regard to public safen.:
. The Tol,rr of Vail Fire Departnent has, in the prst, strongh' encortmged tlre enclosure of the energencr-
egress p^tllNat from these EHU to the stair toiver in xn etTort to protide a protected means of egress.
Physical Ad&ess:
90 Benchmark Road. Suitc 202
Avon, CO 81620
(97O\ 949-7034
fax: (970) 949-8134
email: general@vagrchitects,com
Mailing Addrcss:
P.O. Box 1734
Vail. CO 81658-1734
The enclosure of this pathrvav is not possible due ro the requirement that all habitable rooms be prol'id?'d
natural ventilation to the outdoor air, the enclosure of the egress would prevent this from being possible.
Altetnatively, rve have also discussed the possibiliq of providing an exterior rvall-washing system in this
location to supPress a fue if it rvere to occur.
Vbile none of this is stricdy requited b1'code, the practicality of contemplating these measures is
understood when on site. The Gote Creek Plaza Building and the Bell Tower are sepamted by only a few
feet From our discussions, it is clear that the Town of \/ail Ffue Depattrnent has life-safety oriented
concems when it comes to the location of these EHU. This opinion is re-enforced by reccnt
conversations regarding upgrades to the building alatm and fire supptession systems, dl included in the
6nal phase of the proiect. By allowing tiis vadance and the subsequent relocation of these units, t}re
Owners will be allowed to temove the existing egress balcony, creating a larger separation distance between
the burldings at this location, and io doing so eliminate residential egtess altogether through this alley.
Acceptance of this variaoce will promote the public safety of tbis building.
D. The successful Request for a \/ariance will allow the Bell Tower Building to come into full compliance with the Town of
Yail Code. Further, it u'ill address the stated development goals of the \/ail \rillage llaster Plan as follows:
1. Encourage Hth Quality. Redevelopment \Jflhile Preserving Unique Architectural Scale of the \rillage in order to
Sustain Its Sense of Community and ldentiqv.
This is the pime development goal that this proposal satisfies. The Bell Tower bfilding has experienced a
renaissance in recent )'ears as witnessed by the exteriot remodel to be completed in 2007. The lone exception is the
third floot residence. The remodel of this unit is contemplated fot 2008 and rvould allow this properq' to ma-:dmize
its value and thereby the adiacent buildings, while retaining and furthet enhancing the unique character and scale of
the Bell Tower, a signature building in the village.
2. To Foster a Sttong Tourist Industry and Promote Year-Around Economic Health and \tiability for the \/illage and
for the Community as a Whole.
The proposed relocation of the EHU units will certainly contdbute to ttre realization of this goal. By providing a
new, modem, mote livable unit to the available pool and replacing the small, dated units, it will afford the Torpn
another opportunity to attract and retain high quality employees that make up the backbone of dre service and
resort industrl., and w:ll allow them to also contdbute direcdy to the \rail economy.
3. To Recognize as a Top Priodty the Enhancement of the Walking Experience Throughout the \/illa$
4. To Preserve Existing Open Space Areas and ExPand GteensPace Opportunities
5. Inctease and Imptove the Capacity. Efficiency. and Aesthencs of the Transpotation and Circulation System
Thtoughout the \rillage
6. To Ensure the Continued Improvement of the Vital Operational Elements of the \rillage
The proposed exchange vuill have no negative effect on these development goals as stated and mai' even be
considered to ease the burden on Transpottation and Circulation to and from the \/illage as rvell as \rital
Operational Elements within the \rillage in terms of fite, police and public utilines.
T'hank 1'ou fot your consideration of this -\ppLcation for a Yariance, rve look forrvard to meeting with 1'ou to engage in addrtional
dialogue and towards approval of this request.
David Baum, Seniot Ptoiect Architect
Encl.:
Cc.
Sincerely,
tY.
ZF<;r\ ov _.:lEl ;
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VAg, Inc.
Architccts & PlannersThursd'.r1', Novcmber 1, 2007
Scot Hunn
Plamrer
'I'orvn of Yail Community Developmcnt Dcpartment
75 S. Frontagc Road
Yail, CO 81657
Re: Request for a Vadance, Bell Torver Third Floor Remodel, EHU
Dear Scott:
Thank you for thc opportunitr to submit this rvritten statcmcnt associatcd with our Rcquest fbr r Yariance to the'I'otrr Code for
the Be ll 'forvcr Bn drng.
,\. \\'e urc requestmg-.r Yariancc to the Tos,'n Cocle for irrc,rrporation of the space \\'c assurnc till be vacatcd vi:r an
".\rncnded Corditional Usc" into the area of the 'lllrd ljloor Residence at the Ilcll 'fos,er lluilding. 'l he proposed use
will conform to that of othcr adjrrcent buildings lnd those in the gcneral r.icinin'as it s'rll rcmain a rnix of rctril,
restxrrrlnt and residential spaces. Trvo verr, rerrl and lirnitins factors should be t^kcn into consideration rvhcu
considering other alternative uscs for the space:
. 'Ihough thc buildilg ncludes 2 stainvells, one of thcm is not included in thc residential cflrergenc)' cgrcss plan:
thcrefore this cornponent is considered to have "onc cvt". The occupanc\' 11r this irrea is classified as 1t2. 'I his
cornbination of being a building with onc cxit ancl dre hcight of the ulits above ur:rde plane prech.rdc anv occupancy
for this space other than residential, per 2003 I]lC'I'lblc 1tJ18.2.
r 'l'hc csisting studios rrc not -\D-\ cornplient, s,'hich rnirv preclude their occupitncr bl ccrtain ildividuals rvho :rre
fullr. capable of frlling the role of a full tirnc, r'crr r<>rrncl emplolcc.
lhough aesthetics lrre not aclclrcssed alrr-w-hcrc in tlrc 'l os,'n Code nor rhc 2003 IllC, it should ire rnentionccl that tl.re
(ntn sequence to thesc units, \'vhile improvctl cludne the initial phase oi rcdeveloprncnt, is not desirablc. 'l he
emplotees u'ill access thcir units lia the north stair rvhich is acccssed tlrroush the allel rvar-. \\hile srcrt cffort has
bccn made to address thc rnanl rssues of thts rrrca clunng thc course of thc rcclcr.elopmcnt, this allcr's lr will ilrclude
thc lruildins dumpstcrs uncl the gas and electrical rnctcrs tbr both Bell'lix,cr and (]ore Crcck Plaza. l hc'l'orvn of
Ya Irire l)epartment has also discouraged r.rtilization of this aller for cqrcss purposcs.
B. 'I he precedent for this recpcst is cstab[shed il rhe provisions of an "Interior Conrcrsion" in the Torvn of Vail (]ocle.
'l he 'Iirrr,rr of \-ail does not currclltly cmplov a pror-rsiot undcr the rusprccs o[ "lntcrior Conr.ersion" t].rat clctlnitir ch,
itllorv or otherrr''i-se prohibit an exchangc of this nltLrrc rs rt pcrtirins to EHU or (il{li.\. Lrkcrvise, L,llU arc pcrrnitted
lo bc rcrnor.ed and reloqrtcd rvithin thc Torvr of \'ril ll thc 'I'ot'n Code urdcr flre rrusl.ricc-. of "Inclnsionrn Zonio{r"
\\'c rrc rerl,resting l rr.rlilg that t'rll ellorv these prcccdents to apply to this unttpre sittntion. 'fhis ruling is csscntiirl to thc
pr()grcsslon of thc redclcloprncnt as a rvhole.
C. 'l lris tariirlcc trll:
rr. I Iave no negltir-e inplct s.hat so cvcr ()11 liglrt ancl irir rir uriines.
b. Re-sult in up to -1 "pcrm:urent, \'e'.lr touud" citrzcus Jrrir.rg outside thc Vrrl |illrrse rrca.
c. l)olcnfialh' lesscn thc \-clr Loulcl burrlcn on trirtflc firc;lrtics in the inrmctllrlc \",ril \-illage arel ll- viltuc of tlrc
relocatiol of up to -l "pclrnnnclt, vcar- rouutl" cifizcr.rs.
tl'Potcltiallt'lcssctlt]tcLcarr.orrrrdbttrdetrtrtl1lLlllltctrtnsportlttiolrtrrt]tcirnllrccliatc\.arI\-i|ltc
the telocation of rrp to I "pcrrnancnl. r ctr r',nnrl" citizcns.
c. \\ rrl.r r-egtrcl to public srtcn:
' 'Ilie -I'os,n of Varl liirc l)cp:rrtmcnt hrrs. in rhc Pa-*t, srrongh' cncoLrLiltetl thc cnclosure of thc enrcrqencv
cgrcss plthl,al tiorn these EHU ro the slrrir tos-er in rrn ciiort ro prrn iclc a protectcd n.tcrtrts oi clrcss.
Physical Addrrss:
90 Bcrrcbmark Road, Suirc 202
Avon, CO 81620
(97O\ 94y7034
fax: (970) 949-8134
cmail: gencral@vagarchil€cts.com
Mailing Ad&css:
PO. 8ox l?34
Vail. CO E1656-1734
)
The enclosure o[ this pathrvar, is r]ot possible drrc to the reqrurcrnent that all habitablc toorns be provided
nirtural venti,ition to thc outdoor air, the enclosure cf the egress rvot d prevcnt this from bcing possible.
Alternativel-v, rve have also discussed thc possibiliq' of providing an exterior wall-washing system in this
location to suppless a fire if it were to occur.
\\,hile none of this is srictly required bv code, the practicalin of contemplating these mcasttres is
understood when on site. The Gore Creek Plaza Bu ding and the Bell Tos'er are separnted br onlr a few
feet. From our discussions, it is clear that the Tov-n of Yai Fire Department has life-safcn' oriented
concems 'l-hen it comes to the location of these EHU. This opinion is re enforced by tecent
conversations regarding upgrades to the building alarm and fire suppression systems, all included rn the
final phase ofthe pro,ect. By altowrng this variance and the subsequent relocation ofthese units, the
Owners will be allorved to remove the existing egress balconl', creating a larget sepatation distance between
the buildrngs at this location, and ln doing so eliminate residential egress altogether through tlls alle1"
-\cceptance of this variance w'ill Promote the public safeq' of this building.
D. The successful Request for a \raiance rvill allorl' the Bell Tou'er Building to come into full compliance with the Tovrn of
Yad Code. Futther, it rvill address the stated development goals of the \rail Yillage trIaster Plan as follorvs:
1.Encourage High Quality. Redevelopment V/hile Preserving Unique Architectural Scale of the \-ilhge in order to
Sustain Its Sense of Communitv and Idennlv.
This is the prime development goal that this proposal satisfies. The Bell Tow'er burlding has expedenced a
renaissance in receflt y-ears as '*itnessed by the exterior remodel to be complete d n 200 r- . The lone exception is the
third floor residence. The remodel of this unit is contemplated tbr 2008 and would allop'this proPert)' to maxrmze
its value and thereby the adjacent buildings, vhile retaining and further enhancirg dle tmique character and scale of
the Bell Tower, a slgnature building in the rillage.
To Foster a Strong Toudst Industry- and Promote Year-Around Economic Health and \riabiliB fot the \tillage arrd
for the Communiq' as a \\hole.
The proposed relocation of the EHU units will certalnly contribute to the realization of this goal. 81' providing a
new, modern, more livable unit to the available pool and replacing the small, dated units, it will afford the Town
another opportunity to attract and tetain ltgh qualitv emplo,vees that make up the backbone of the sen'ice and
resort industry, and will allow them to also contribute directly to the \/ail economy.
To Recogmze as a Top Pdonq,' the Enhancement of the \ltalking Expetience Throughout the \rillage
To Presen'e Existing Open Space Areas and Expand Greenspace Opportunities
Increase and Improve the Capacity. Efftcienc,v- and Aesthetics ofthe Transportation and Circulation SJ'stem
'lhroughout the \/illage
To Ensure the Continued Improl-ement of the Vital Operational Elements of the Village
The proposed exchange w l have no negative effect on these development goals as stated and may even be
considered to ease the butden on -Iransportation and Circulation to and from the \rillage as rvell as Vital
Operational Elements within the \rillage in terms of hre, police and ptrbhc utrlitles
Thank rou for tour consideranon of tlus -\pplication for a Yariance, rve look fon'"ard to meeting with )'ou to engage |r additional
dialogue and torvards approval of this request.
Sincerell',
David Baum, Senior Proiect Architect
Encl.:
Cc.
3.
^
5.
o.
.A,
VAg, Inc.
Tuesday,October 9,2007 Architects&Planners
Vail Town Council Members
Nina Timm
Town of Vail
75 South Frontage Road
Vail, CO 81658
Re: Bell Tower Employee Housin g Units
Dear Town Council,Nina Timm and Bill Gibson:
Thank you for the opportunity to present this application at the October 16th meeting for the proposed purchase of a
new Employee Housing Unit to replace the existing Employee Housing Units at the Bell Tower Building in Vail.
Presently, the third level of the Bell Tower floor plate includes two existing studio EHU's,both separately 304 square
feet including loft space, for a total of 608 square feet. These units are currently non-conforming with applicable
building codes.
II
The Owner's propose to purchase and apply for a deed restriction in perpetuity designation of Altair Vail Unit A-201.
The Owners currently hold this unit under contract,with the anticipation that they may be allowed to absorb the
existing Bell Tower studio EHU's into their unit remodel, contemplated for construction next spring, as allowed
under the auspices of section 12-15-4: INTERIOR CONVERSIONS of the Vail Colorado Town Code. This unit under
contract includes:
• 2 Bedrooms/2 Full Baths
• 1191 Square Feet
• End Unit
• Vaulted Ceilings
• Fireplace
• South Facing Mountain Views
• Deck
• On Town of Vail Bus Route
• 1 Block from Market
• Main Level has Living Room,Dining Room Kitchen and Breakfast Nook
• Assigned and Guest Parking
• Walk to Hiking Trails and Bike Path
We propose this exchange as we believe it is a win-win situation for both the Town and the Owners. It will allow the
Town to meet the development goals as stated in the Vail Village Master Plan for Employee Housing Units. Namely,
to"provide quality living...conditions" for employees, but also to address the following stated development goals of
the Town of Vail:
1. Encourage High Quality, Redevelopment While Preserving Unique Architectural Scale of the Village in order
to Sustain Its Sense of Community and Identity.
This is the prime development goal that this proposal satisfies by allowing the interior conversion. The Bell
Tower building has experienced a renaissance in recent years as witnessed by the exterior remodel to be
Physical Address: (970)949-7034 Mailing Address:
90 Benchmark Road,Suite 202 fax:(970)949-8134 P.O.Box 1734
Avon,CO 81620 email:general @vagarchitects.com Vail,CO 81658-1734
completed in 2007. The lone exception is the third floor residence. The remodel of this unit is
contemplated for 2008 and would allow this property to maximize its value and thereby the adjacent
buildings,while retaining and further enhancing the unique character and scale of the Bell Tower,a signature
building in the village.
2. To Foster a Strong Tourist Industry and Promote Year-Around Economic Health and Viability for the
Village and for the Community as a Whole.
The proposed relocation of the EHU units will certainly contribute to the realization of this goal. By
providing a new,modern,more livable unit to the available pool and replacing the small, dated units,it will
afford the Town another opportunity to attract and retain high quality employees that make up the backbone
of the service and resort industry, and will allow them to also contribute directly to the Vail economy.
3. To Recognize as a Top Priority the Enhancement of the Walking Experience Throughout the Village
4. To Preserve Existing Open Space Areas and Expand Greenspace Opportunities
5. Increase and Improve the Capacity.Efficiency.and Aesthetics of the Transportation and Circulation System
Throughout the Village
6. To Ensure the Continued Improvement of the Vital Operational Elements of the Village
The proposed exchange will have no negative effect on these development goals as stated and may even be
considered to ease the burden on Transportation and Circulation to and from the Village as well as Vital
Operational Elements within the Village in terms of fire,police and public utilities.
Again, thank you for your consideration of our position. We look forward to meeting with you and engaging in
further dialogue on this issue on Tuesday,September 16 at the regularly scheduled Town Council Meeting.
Sincerely,
VAg,Inc.,Architects &Planners
Anne Gunion,Founding Principal
Encl.:
Cc.
Adjacent Property Owners
GORE CREEK PLAZA
SLIFER, RODNEY E. & ELIZABETH W.
230 BRIDGE ST
vArL, co 81657
SITZMARK AT VAIL INC
183 GORE CREEK DR
vArL, co 81657
TODDERUD FAMILY LIMITED PARTNERSHIP
11405 FOREST KNOLL CIR
FISHERS, IN 46037
GASTHOF GRAMSHAMMER INC
231 E GORE CREEK DR
vAtL, co 81657
EUGENE G. FAHEY & NORA E. FAHEY TRUSTEES
161 CLARKSON EXECUTIVE PK
ELLISVILLE, MO 63011
VAIL FIVE K. LTD - KONTNY. MARIO V, & MARGARITA C.
6707 E FREMONT PL
ENGLEWOOD, CO 80112
E]
nl
Ll fu tt ll \,/ le
()cT 0 2007
TOWN OF VAIL