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HomeMy WebLinkAboutTHE VALLEY PHASE V LOT A LEGAL-TF" Wlla1, Lf s J'tt ccai*r.$d'rY cEvELoF €tt7 Planning and Environmental Commisson ACTION FORII Department of Community Oeyelopment 75 South Frontage Road, Vail" Colorado 8165/ tsl:970.479.2139 fax:970.479.2452 web: www.vailgov,cotri Project Name: FLAUM SDD MAI AMEND Project Description: Pafticipants: OWNER FLAUM, RONNA J. PO BOX 3117 VAIL co B1658 PEC Number: PEC060013 0212812006 02/2812006 Phone: 970-328-3900 0212812006 Phone: 970-328-3900 Location: FINALAPPROVALTO INCREASE EHU MA}GMUM SQ FT FROM 5OO SQ FTTO 850 SQ FT; AND TO INCREASE EHU GARAGE SIZE FROM 300 SQ FTTO 400 SQ Ff. Ordinance 9, Series of 2006, adopting these changes was approved on Second Reading on May 2,2006. APPUCANT SCOTT TURNIPSEED, AIA 1143 CAPITOL STREET, SUITE 211 PO BOX 3388 EAGLE co 81631 License: C0000018€ ARCHITECT SCOTT TURNIPSEED, AIA 1143 CAPITOL STREET, SUITE 211 PO BOX 33BB EAGLE co 81631 License: C000001848 Project Address: 1631 BUFFEHR CREEK RD VAIL 1631 BUFFEHR CREEK RD Legal Description: Lotr A Bloclc Subdivision: VALLEY (SUB) PHASE V, TH Parcef Number: 2L03-122-0500-6 Comments: SeeConditions BOARD/STAFF ACTION Motion By: Kjesbo Second By: Lamb Vote: 6-0-0 Conditions: Action: APPROVED Date of Approvall 03127 12006 Cond: B (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: CON0007862 Fire sprinkler system required and shall comply with NFPA 13R(2002) and Vail Fire standards, Cond: CON0007863 Monitored fire alarm system required and shall comply with NFPA 72(2002) and Vail Fire standards. Planner: Warren Campbell PEC Fee Paid: $6,000.00 { TO: FROM: DATE: SUBJECT: MEMORANDUM Town Council Community Development Department May 2, 2006 Second reading of ORDINANCE 9, SERIES OF 2006, AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 2, SERIES OF 1997, PROVIDING FOR CHANGES TO SPECIAL DEVELOPMENT DISTRICT NO. 34, FLAUM.THE VALLEY PHASE V, THAT CONCERN THE INCREASE IN THE ALLOWABLE GROSS RESTDENTTAL FLOOR AREA (GRFA) FOR EMPLOYEE HOUSTNG UNITS (EHUS) AND ASSOCTATED GARAGES WTHIN THE DISTRICT;AND SETTING FORTH DETAILS IN REGARD THERETO. On March 27,2006, the Town of Vail Planning and Environmental Commission voted 6-0-0 (Viele absent) to fonarard a recommendation of approval for a proposed amendment to SDD No. 34, Flaum - The Valley Phase V, to the Vail Town Council, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the increase in the allowable GRFA for EHUs within the District from 500 square feet to 850 square feet and to increase the allowable size of the EHU garage from 300 square feet to 400 square feet, located at at 1521, 1601, and 1631 Buffehr Creek Road/Lots A-C, The Valley Phase V, and setting forth details in regard thereto. Attached to this memorandum is a copy of Ordinance 9, Series of 2006. Text which is to be added is indicated as bold italics and text which is to be deleted is shown in stril<ethreugh. Town Council approved Ordinance 9, Series of 2006, upon first reading on April 18, 2006, by a vote of 6-0-0 (Logan absent). No changes have been made to this ordinance since its approval upon first reading. The Community Development Department recommends that the Vail Town Council approves Ordinance No. 9, Series of 2006, on second reading. The Town Council can vote to approve, approve with modifications, or deny Ordinance No. 9, Series of 2006. t ORDINANCE NO.9 Series of 2006 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO.2, SERIES OF 1997, PROVIDING FOR CHANGES TO SPECIAL DEVELOPMENT DISTRICT NO.34, FLAUM.THE VALLEY PHASE V, THAT CONCERN THE |NCREASE rN THE ALLOWABLE GROSS RESIDENTTAL FLOOR AREA (GRFA) FOR EMpLOyEE HOUSTNG UNrTS (EHUS) AND ASSOCTATED GARAGES WTHTN THE DISTRICT; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, Chapter 9 of the Vail Town Code authorizes Special Development Districts within the Town; and WHEREAS, The Town Council approved Ordinance No.2, Series of 1997 Special Development District No. 34, Flaum-The valley Phase V; and WHEREAS, The owners of the three lots within the SDD have requested to amend the existing Special Development District No. 34; and WHEREAS, Section 12-94-10 of the Vail Town Code provides procedures for major amendments to existing Special Development Districts; and WHEREAS, The applicant has complied with the requirements outlined in Section 12-94-10 of the Vail Town Code, and WHEREAS, The Special Development District provides for creativity and flexibility to allow for the development of land within the Town of Vail; and WHEREAS, On March 27,2006, the Planning and Environmental Commission held a public hearing on the major amendment proposal and has recommended that certain changes be made to Special Development District No. 34, Flaum-The Valley Phase V; and WHEREAS, The Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to repeal and re-enact Ordinance No. 2, Series of 1997 to provide for certain changes in Special Development District No. 34, Flaum-The Valley Phase V. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. 2, Series of 1997 is hereby repealed and re-enacted to read as follows: SECTION 1 The approval procedure prescribed in Title 12, Chapter 9, Section 1 0(B) of the Vail Town Code have been fulfilled, and the Vail Town Council has received the report of the Planning and Environmental Commission recommending approval, of the proposed development plan for Special Development District No. 34. SECTION 2 Special Development District No. 34 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the town, provide adequate open space, emptoyee housing, and promote the objectives of the Town's Zoning ordinance. The development is regarded as complementary to the Town by the Town Council and the Planning and Environmental Commission, and there are significant aspects of the special development which cannot be satisfied through the imposition of standard zoning on the area. SECTION 3 Special Development District No. 34 is established for the development on a parcel of land comprising 1.81 acres (lots 3 and 4, the Valley Phase V) and shall be referred to as "SDD No. 34". SECTION 4 The Town Council finds that the development plan for SDD No. 34 meets each of the slandards set forth in Article 12-9A, Special Development District, Vail Town Code. In accordance with Article 12-9A, Special Development Districts, Vail Town Code, the development plan for SDD No. 34 is approved. SECTION 5 The zone district underlying SDD No. 34 is Residential Cluster (RC). The uses allowed in SDD No. 34 shall be limited to those uses indicated on the development plan and those uses allowed by right, and those uses allowed by conditional use, which are set forth in said zone district of the Town of Vail Zonino Code. SECTION 6 In addition to the Approved Development Plan described herein in Section 7, the following development standards have been submitted to the Planning and Environmental Commission for its consideration, and the Planning & Environmental Commission has forwarded its recommendation of conditional approval to the Town Council, and the Development Plan is hereby approved by the Town Council. The development standards for this SDD shall be those prescribed by the Residential Cluster (RC) zone district unless specifically addressed herein. The following are the specific development standards for SDD specifically addressed herein. The following are the specific development standards for SDD no. 34: Base Information Underlying Zoning: Lot area: Development Standard Number of Lots: RC (Residential Cluster) 1.81 acres or 79,002 sq. ft. Maximum Allowance/Limitation 3 single family lots 3 Dwelling units: Density: Site Coverage: GRFA: Type ll EHU GRFA: 3 dwelling units 1.66 dwelling units/acre Employee Housing Units (EHU) 1 Type ll EHU per lot allowed. One Employee Housing Unit is required for the entire development which must be provided prior to, or in conjunction with, the Building Permit for the third dwelling unit constructed on-site. Buildable Area:Per approved development plan and building envelopes. 25o/o of lot area (per lot) 2,933 sq. ft./dwelling unit 5OO 850 sq. ft. allowed per lot for developmenl of an EHU, perType ll EHU requirements. Planning and Environmental Commission review is required per conditional use requirements for Type ll EHU. 600 sq.ft. allowed per dwelling unit (exclusive of the EHU) 1 enclosed parking space required per EHU per lot, which must be deed restricted for use by EHU only. Up to 30O 400 sq. ft. garage credit allowed per EHU per lot. Garage Area: EHU Garage Area: Setbacks:Per building envelopes delineated on development plan. No GRFA is permitted within 20' of the front property line. Garage area is allowed within 20' from the front property line within the established building envelopes. Per Chapter 18.52 Off-street Parking and Loading, Zoning Code Per Chapter 18.54 Design Review Guidelines, Zoning Code 30'for a flat roof, 33'for a sloping roof Parking: Exterior Lighting: Building Height: SECTION 7 SDD No. 34 is subject to the following additional conditions: 1. The development plan shall be that plan entitled "Flaum Residence," prepared by Pierce, Segerberg, & Associates, Architects, dated 11111196, with the latest revision on 1110197. 2. Trash collection shall be typical residential curbside collection and dumpsters shall not be permitted on these lots or in the adjacent right-of- way. 3. This site shall be limited to one curbcut for all three lots as depicted on the development plan. The entire curbcut shall be developed upon initial construction on any of these three lots. 4. The applicant shall submit a mitigation plan for the rockfall hazard which shall be reviewed and approved by the applicant's geologist prior to Design Review Board approval for construction of homes on these lots. This approval shall become void if the construction of at least one lot is not commenced within three years of the final approval of the SDD. The developer must meet the requirements of Section 18.40.120 of the Municipal Code of the Town of Vail. The recreational amenities tax for this development shall be assessed at the rate reguired for the Residential Cluster (RC) zone district, as provided for in Chapter 3.36 of the Town of Vail Municipal Code. All retaining walls on-site shall conform to existing code requirements. No retaining wall shall exceed 3' in the first 20'from the front property line on these lots. All development standards contained in this ordinance site shall be noted on the development plan and the final plat for this development. Those notes shall include the following note regarding development within building envelopes: "All future development will be restricted to the area within the platted building envelopes. The only development permitted outside the platted building envelopes shall be landscaping, driveways and retaining walls associated with driveway construction. At-grade patios (those within 5' of existing or finished grade) will be permitted to project beyond the building envelopes not more than ten feet (10') nor more than one-half (1/2) the distance between the building envelope and the property line, or may project not more than 5 feet (5') nor more than one-fourth (1/4) the minimum required dimension between buildings." One Employee Housing Unit (EHU, Type ll) is required for the entire development which must be provided prior to, or in conjunction with, the Building Permit for the third dwelling unit constructed on-site. Five hundred 6. 7. 8. 9. (500 Eighf hundred and fiW $50) sq. ft. of additional GRFA shatt be allowed for the construction of an EHU on each lot. 10. As mitigation for impacts to large trees on-site, 21 additional trees will be provided on-site (7 additional trees per lot). These trees shall have a minimum caliper of 3" for deciduous trees or a minimum height of 8'for conifers and shall be provided at the time of construction on individual lots. SECTION 8 The owners, jointly and severally, agree with the following requirement, which is a part of the Town's approval of the SDD No. 34: All previous approvals and development plans, including the County Approved PUD for the subject property, are hereby null and void. SECTION 9 Amendments to the approved development plan shall be reviewed pursuant to Section 12-9A-10, Amendment Procedure, Vail Town Code. SECTION 1O lf any part, section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses, or phrases be declared invalid. SECTION 11 The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and its inhabitants thereof. SECTION 12. The repeal or the repeal and reenactment of any provisions of Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereol any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE lN FULL ON FIRST READING this 18h day of April, 2006 and a public hearing for second reading of this Ordinance set for the 2no day o( May,2006, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED lN FULL this 2nd day of May, 2006. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson. Town Clerk ofuetv,4t TO: FROM: DATE: SUBJECT:First reading of Ordinance No. 9, Series of 2006, an ordinance repealing and re- enacting Ordinance 2, Series of 1997, Flaum - The Valley Phase V, Special Development District (SDD) No. 34, amending and reestablishing SDD No. 34, in accordance with Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for a major amendment to SDD No. 34, Flaum-The Valley Phase V, to increase the allowable gross residential floor area for (GRFA) employee housing units (EHUs) and associated garages within the district, and setting forth details in regard thereto. On March 27,2006, the Town of Vail Planning and Environmental Commission voted 6-0-0 (Viele absent) to forward a recommendation of approval for a proposed amendment to SDD No. 34, Flaum - The Valley Phase V, to the Vail Town Council, pursuant to Section 12-gA-10, Amendment Procedures, Vail Town Code, to allow for the increase in the allowable GRFA for EHUs within the District from 500 square feet to 850 square feet and to increase the allowable size of the EHU garage from 300 square feet to 400 square feet, located at at 1521, 1601, and 1631 Buffehr Creek Road/Lots A-C, The Valley Phase V, and setting forth details in regard thereto. A copy of the staff memorandum to the Planning and Environmental Commission, dated March 27,2006, has been attached for reference. Attached to this memorandum is a copy of Ordinance 9, Series of 2006. Text which is to be added is indicated as bold italics and text which is to be deleted is shown in s{rke{hreugh. The Community Development Department recommends that the Vail Town Council approves Ordinance No. 9, Series of 2006, on first reading. The Town Council can vote to approve, approve with modifications, or deny Ordinance No. 9, Series of 2006. MEMORANDUM Town Council Community Development Department April18,2006 {h,t [o+ unlur j*r+Kc ze,r:\ -oJ] L ^lLr-"l ),-.+it1; +"t^tly1fig?a C^% l,Ivv,n +, a(yael I(^ )t,*X\ ?"4 al['^") ?lgl fiffi^ Utr, L-o-o TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission Department of Community Development March 27,2006 A request for a recommendation to the Vail Town Council, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for a major amendment to Special Development District No. 34, Flaum-The Valley Phase V, to increase the allowable gross residential floor area for employee housing units and associated garages within the district, located at 1521, 1601, and 1631 Buffehr Creek Road/Lots A-C, The Valley Phase V, and setting forth details in regard thereto. Applicant: Jim and Cookie Flaum/Steve and Margaret Lindstrom Planner: Warren Camobell il. SUMMARY The applicants, Jim and Cookie Flaum and Steve and Margaret Lindstrom, are requesting a recommendation from the Planning and Environmental Commission to the Town Council regarding a request to amend Special Development District (SDD) No. 34, Flaum-The Valley Phase V, to increase the allowable gross residential floor area for employee housing units and associated garages within the district, located at 1521,1601, and 1631 Buffehr Creek Road/Lots A-C, The Valley Phase V. Staff is recommending that the Planning and Environmental Commission forwards a recommendation of approval to the Town Council regarding the request to increase the allowable square footage for employee housing units and associated garages within in SDD No. 34 subject to the findings and conditions outlined in Section lX of this memorandum. DESCRIPTION OF THE REQUEST The applicants, Jim and Cookie Flaum and Steve and Margaret Lindstrom, are requesting a recommendation from the Planning and Environmental Commission to the Town Council regarding a request to amend Special Development District (SDD) No. 34, Flaum-The Valley Phase V, to increase the allowable gross residential floor area for employee housing units and associated garages within the district, located at1521, 1601, and 1631 BuffehrCreek Road/Lots A-C, The Valley Phase V. Special Development District No. 34 allows for a single EHU to be constructed on each of the three lots within the SDD with only one being required to be constructed within the SDD. The maximum allowable size for any EHU built within the SDD is 500 square feet and 300 square feet for the required enclosed parking space. There is currently a single-family home that does not contain an Vail Town Council Attachment: A Il. EHU constructed on Lot B of the SDD. On July 6, 2005, the Design Review Board (DRB) approved a new single-family residence with an EHU located over the garage on Lot A, the lot owned by Mr. and Mrs. Flaum. Subsequent to that approval Mr. and Mrs. Flaum found that the EHU they would be constructing was maximized at 500 square feet but was not of a size which would be conducive to comfortable living. Therefore an application to increase the maximum allowable size of an EHU and the associated garage was submitted. The applicants' request is to increase the maximum allowable GRFA for an Employee Housing Unit (EHU) from 500 square feet to 850 square feet and increase the size of the required enclosed parking space from 300 square feet to 400 square feet within SDD No. 34. A vicinity map has been attached for reference (Attachment A). A copy of the proposed architectural plans have been submitted for reference (Attachment B). The attached architectural plans depict the approved design and the proposed design which would be submitted to the DRB if the proposed amendment is approved. The following are the proposed text amendments to Ordinance 2, Series of 1997, which enacted SDD No. 34. Text which is to be deleted is shown in striketh+eugh and text to be added is shown in bold italics. Type IIEHU GRFA: 500 850 sg. ft. allowed per lot for development of an EHU, per Type ll EHU requirements. EHU Garage Area: I enclosed parking space required per EHU per lot, which must be deed restricted for use by EHU only. Up to 3Oe 400 sq. ft. garage credit altowed per EHU per lot. BACKGROUND . The parcels within SDD No. 34 where annexed into the Town of Vail by Ordinance 9, Series of 1987 which became effective on April 29, 1987. When annexed into the Town there was an Eagle County approved PUD on the parcels of which no construction had begun. The PUD generally allowed for the development of each of the three lots with a duplex.. On January 13, 1997, the Planning and Environmental Commission unanimously recommended approval of SDD No. 34, Flaum-The Valtey Phase V to the Town Council. Town Council established SDD No. 34 through the approval of a second reading of Ordinance No. 2, Series of 1997, on February 18,1997.. On July 6, 2005, the Design Review Board approved a new single-family residence with an EHU located over the garage on Lot A of the SDD. ROLES OF THE REVIEWNG BOARDS Special Development District and Maior Amendment Order of Review: Generally, applications will be reviewed first by the PEC for tv. V. impacts of use/development, then by the DRB for compliance of proposed buildings and site planning, and final approval by the Town Council. Planninq and Environmental Commission: The PEC shall review the proposal for and make a recommendation to the Town Council based on the Criteria and Findings listed in Section lX of this memoranoum. Desiqn Review Board: The DRB has NO review authority on a SDD proposal, but must review any accompanying DRB application. The DRB review of an SDD prior to Town Council approval is purely advisory in nature. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendalion on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: Action: The Town Council is responsible for final approval/denial of an SDD. The Town Council shall review the proposal using the Criteria and Findings listed in Section lX of this memorandum. APPLICABLE PLANNING DOCUMENTS Town Of Vail Zoninq Code Article 12-9A: Special Development (SDD) District (in part) 12-9A-1: PURPOSE: The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote lfs rnosf appropriate use; to improve the design character and quality of the new development with the town; to facilitate the adequate and economical provision of slreets and utilities; to preserve the natural and scenic features of open space areas,' and to further the overall goals of the community as sfafed in the Vail comprehensive plan 12-94-2: DEFINITIONS: MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIEW): Any proposal to change uses; rncrease gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved special development district (other than "minor amendmenfs" as defined in this secfion), excepf as provided under section 12-114, "lnterior Conversions", or 12- 15-5. "Additional Gross Residential Floor Area (250 Ordinance)", of this title. VI. SITE ANALYSIS Legal Description: Lots A-C, The Valley Phase V Address: 1502, 1601, and 1631 Buffehr Creek Road Lot Size: 1.81 acres (79,002 sq. ft).Zoning: Special Development District No. 34 (Residential Cluster zone district underlying zoning) Land Use Plan Designation: Open Space Current Land Use: Residential The approved development standards for this SDD are prescribed as follows: Development Standard Maximum Allowance/Limitation Number of Lots; 3 single-family lots Dwelling Units: 3 dwelling units Density: 1.66 dwelling units/acre Employee Housing Units (EHU): 1 Type ll EHU per lot allowed Buildable Area: Per approved development plan and building envelopes Site Coverage: 2570 of lot area (per lot) GRFA: 2,933 sq. ft./dwelling unit (with no additional credits) Type ll EHU GRFA: 500 sq. ft. allowed per lot for development of an EHU, perType ll EHU requirements. Garage Area: 600 sq. ft. allowed per dwelling unit EHU Garage Area: 1 enclosed parking space required per EHU per lot, which must be deed restricted for use by EHU only. Up to 300 sq. ft. garage credit allowed per EHU per lot. Setbacks: Per building envelopes delineated on development plan. No GRFA is permitted within 20' of the front property line. Garage area is allowed within 20' from the front property line within the established building envelopes. Parking: Per Chapter 18.52 Off-street Parking and Loading, Zoning Code Exterior Lighting: Building Height: VII. SURROUNDING LAND USES AND ZONING Land Use North: Open Space South; Multi-Family Residential East: Open Space West Open Space VIII. CRITERIA AND FINDINGS Per Chapter 18.54 Design Review Guidelines, Zoning Code 30'for a flat roof, 33'for a sloping roof Zoninq Residential Cluster zone district Residential Cluster zone district Residential Cluster zone district Residential Clustezone district Special Development District Maior Amendment Chapter 12-9 of the Town Code provides for the amendment of an existing special development districts in lhe Town of Vail. According to Section 12-9A-1, the purpose of a special development district is, "To encourage flexibility and creativity in the development of land, in order to promote its most appropriate use,' fo improve the design character and quality of the new development within the Town; to facilitate the adequate and economical provision of sfreefs and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Development District, in conjunction with the property's underlying zone district, sha// estab/r'sh the requirements for guiding development and uses of property included in the Special Development District. " The Town Code provides nine design criteria which shall be used as the principal criteria in evaluating the merits of the amendment to an existing special development district. lt shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. The following is a staff analysis of the project's compliance with the nine SDD review criteria: A. Consideration of Factors Reoardinq Special Develooment Districts: A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. On July 6, 2005, the Design Review Board approved a new single- B. family residence with an EHU located over the garage on Lot A, the lot owned by Mr. and Mrs. Flaum. The approval of the design by the DRB affirms that the bulk, size, character, etc. is in keeping with the neighborhood. The set of attached architectural plans show both the approved design and the proposed design which would be submitted as a revision to the DRB if this application is approved and it can be seen that the requested increase in allowable GRFA for the EHU from 500 to 850 square feet and garage from 300 to 400 square feet has very little external impact on the design. Staff believes the proposed amendment complies with this criterion. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The proposed single-family residential structure with an attached EHU on the property is compatible with the surrounding residential uses and complies with zoning regarding density and use. Staff believes the proposed amendment complies with this criterion. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. The proposed amendments to the SDD do not have any negative effect on this criterion. All lots developed within the SDD will comply with the parking standards. A unit which is less than 2,000 square feet in area is only required 2 parking spaces. In this case there will be one space in the garage and one directly in front of the garage door for the EHU. Conformity with the applicable elements of the Vail Gomprehensive Plan, Town policies and Urban Design Plan. This site is designated as Open Space (OS) in the Land Use Plan. This designation allows development at densities of 1 unit per 35 acres. However, these parcels are zoned Residential Cluster. The following Land Use Plan goals directly address the importance of EHUs in the Town: Goal 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. Goal 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. In 1997 the PEC recommended that each home be allowed 500 sq. ft. of additional GRFA for EHUs on these lots with only one EHU being c. D. E. required within the SDD which is found in the adopting ordinance for the SDD. The applicant in attempting to implement this requirement of the SDD found that maximum allowable size of 500 square feet was insufficient to provide a livable space to an employee with additional storage. Staff believes the proposed amendments implements these goals. ldentification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. According to the Official Town of Vail Geologic Hazard Maps, SDD No. 34, Flaum-The Valley Phase V, development site is located in a High Severity Rockfall Hazard. The applicant provided a site specific analysis in 1997 in conjunction with the adoption of the SDD which indicates that the hazard is a 'moderate" hazard and that appropriate mitigation can be provided to protect uses on-site as well as adjacent uses and public facilities. Staff believes that this criterion has been appropriately address and all structures are designed to mitigate the impacts. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The initial adoption of SDD No. 34 was a reduction in the approved density under the approved Eagle PUD which allowed for a less intense development of the site. In addition, the plat that was recorded in conjunction with the adoption of SDD No. 34 had building envelopes which do not allow the construction of structures outside the envelopes. The platted building envelopes were located to lessen the impact to existing vegetation on the site and avoid steeper slopes. The cunent proposal would not alter that initial approval. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. The circulation system for this SDD was approved in the initial adoption of SDD No. 34 and is currently in place. The proposed construction of the Flaum residence will continue the existing driveway which accesses the three lots. This proposal does not alter that circulation system. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. The initial adoption of SDD No. 34 was a reduction in the approved density under the approved Eagle PUD which allowed for a greater preservation of the site. In addition, the plat that was recorded in F. G. tx. conjunction with the adoption of SDD No. 34 had building envelopes which do not allow the construction of structures outside the envelopes. The current proposal would not alter that initial approval. l. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. There are there lots within SDD No. 34, which are owned by the two applicants. Currently, Lot B, is the residence of Mr. and Mrs. Lindstrom and they own Lot C. Mr. and Mrs. Flaum own Lot A and olan to construct a new residence on the lot this summer. The phasing of the construction on the remaining lots will not have any negative effects on the items identified in the criterion above. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission fonvards a recommendation of approval to the Vail Town Council to allow for a major amendment to Special .Development District No. 34, Flaum -The Valley Phase V, to increase the allowable gross residential floor area for employee housing units and associated garages within the district, located at 1521, 1601, and 1631 Buffehr Creek Road/Lots A-C, The Valley Phase V, and setting forth details in regard thereto. Staff's recommendation is based upon a review of the criteria and findings as outlined in this memorandum and from the evidence and testimony presented. Should the Planning and Environmental Commission choose to fonrard a recommendation of approval of the applicants' requests, staff recommends that the following finding be made as part of the motion: "The Planning and Environmental Commission forwards a recommendation of approval, to the Vail Town Council for the applicants' request of a major amendment to a special development district (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to Special Development District No. 34, Flaum-The Valley Phase V, to increase the allowable gross residential floor area for employee housing units and assocrbfed garages within the district, located at 1521, 1601, and 1631 Buffehr Creek Road/Lots A-C, The Valley Phase V, and setting forth details in regard thereto." ATTACHMENTS A. Vicinity Map B. Reduced copy of proposed architectural plans C. 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UOE€OrolElu uo1cruFuor arl5slqoJo vlv'peosd!urnI's +lo3s frlu rl 5l sl :l .'ii f.lJ I qvt6 >l leb url &-I : i[- x rp >lil s =3= @ til- iil il ilg ;il r-lr')\e a1- Fl il ;l zii ul Ehd ;I i ajs **$ t{rt<! J \v ill' :il lil t;2 :ll , Euu *ll i afg gsg rle 1l \l -t d:/ glt, I ffil t .1 |ll 'l I l3J3 -t-rs- E H n ,+. -'il-l-l----7r'.,*Z=.EIA Jl'' tr -its \ wzLaz ]ultrgEgl t€t o(B wzzz L ot /!rt€d 9002 0e 9 (ES,tI NYId']ViIJ $0zer I ^'tilr'Eu YId'I\/t{C wzzz, :e|lP ocvuo'loJ .\rNnoJ a'I5vs "IIVA JO N \OI r !rsvHd I.a'I'tYA aHI co Y Io'I ovou )raauJ {HiIJJns r t9 r iIJN!IAISAU WNV"I{ tG€€29 0/8 J t 006€ SZS 01A d legn oprlqo3 'q0rE .!rz .n.G ts./G loltdrc€t!t u6!cprqelq uollcruFuoc .rnlaeuqgrs vlv'peasdlurnl s llocs il' t- l r_l rl il lJ iN li!!i i ti In ;t:l [|,l ilLl flii fllr il Ir ltL ll ill ll il. wz taz tYrlrgIgJ tft oos w.at Gg /lt ttl€d $@0€9 (E/\ll vtd lvMJ 900z ct 9 /r/El/tll N\fld lVNg w)2, a, tlD OOYr|O'IOJ .AINNOJ A'I5YiI 'llvA co N,ltoJ S TSVHd AiI'I-IYA AHI JO V IO'I qY ou )!rgu3 uHacdns ts9l AJNACISAU I^INV'Id l@ gze o28 J t 6t 8Ze 018 d t€9!8 op€|qoc'q6q ! !z glits leerS lou d e c €t! ! utpap./qr€U,r uo0arufuoc .lnlreulare vlv'peesd!uJnl s llocs -n I _rt ri 1- -.ffi 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 March 27,2006, at 2:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a recommendation to the Vail Town Council, pursuant to Section 12-9A-1 0, r Amendment Procedures, Vail Town Code, to allow for a milor amendment to Special . ti t'\l Development District No. 34, Flaum -The Valley Phase V, lo increase the allowable ft FI lf,fr, square footage for employee housing units and associated garages within the district, ' g lt\ l" ' located at 1502, 1601 , and 1631 Buffehr Creek Road/Lots A-C, The Valley Phase V, and - ' setting forth details in regard thereto. Applicant Jim and Cookie Flaum/Steve and Margaret Lindstrom Planner: Warren Campbell The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970479-2356, Telephone for the Hearing lmpaired, for information. Published March 10, 2006, in the Vail Daily. Attachment: C ORDINANCE NO.9 Series of 2006 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO.2, SERIES OF 1997, PROVIDING FOR CHANGES TO SPECIAL DEVELOPMENT DISTRICT NO.34, FLAUM.THE VALLEY PHASE V, THAT CONCERN THE TNCREASE tN THE ALLOWABLE GROSS RESTDENTTAL FLOOR AREA (GRFA) FOR EMPLYEE HOUSING UNTTS (EHUS) AND ASSOCTATED GARARGES WtTHtN THE DISTRICT; AND SETTING FORTH DETAILS lN REGARD THERETO WHEREAS, Chapter 9 of the Vail Town Code authorizes Special Development Districts within the Town; and WHEREAS, The Town Council approved Ordinance No. 2, Series of 1997 Special Development District No. 34, Flaum-The valley Phase V; and WHEREAS, The owners of the three lots within the SDD have requested to amend the existing Special Development District No. 34; and WHEREAS, Section 12-94-10 of the Vail Town Code provides procedures for major amendments to existing Special Development Districts; and WHEREAS, The applicant has complied with the requirements outlined in Section 12-9A-10 of the Vail Town Code: and WHEREAS, The Special Development District provides for creativity and flexibility to allow for the development of land within the Town of Vail; and WHEREAS, On March 27,2006, the Planning and Environmental Commission held a public hearing on the major amendment proposal and has recommended that certain changes be made to Special Development District No. 34, Flaum-The Valley Phase V; and WHEREAS, The Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to repeal and re-enact Ordinance No. 2, Series of 1997 to provide for certain changes in Special Development District No. 34, Flaum-The Valley Phase V. Vail Town Council Attachment: B NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLOMDO, THAT: Ordinance No. 2, Series of 1997 is hereby repealed and re-enacted to read as follows: SECTION 1 The approval procedure prescribed in Title 12, Chapter 9, Section 10(B) of the VailTown Code have been fulfilled, and the VailTown Council has received the report of the Planning and Environmental Commission recommending approval, of the proposed development plan for Special Development District No. 34. SECTION 2 Special Development District No. 34 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the town, provide adequate open space, employee housing, and promote the objectives of the Town's Zoning ordinance. The development is regarded as complementary to the Town by the Town Council and the Planning and Environmental Commission, and there are significant aspects of the special development which cannot be satisfied through the imposition of standard zoning on the area. SECTION 3 Special Development District No. 34 is established for the development on a parcel of land comprising 1.81 acres (lots 3 and 4, the Valley Phase V) and shall be referred to as "SDD No. 34". SECTION 4 The Town Council finds that the development plan for SDD No. 34 meets each of the standards set forth in Article 12-94, Special Development District, Vail Town Code. In accordance with Article 12-9A, Special Development Districts, Vail Town Code, the development plan for SDD No. 34 is approved. SECTION 5 The zone district undedying SDD No. 34 is Residential Cluster (RC). The uses allowed in SDD No. 34 shall be limited to those uses indicated on the development plan and those uses allowed by right, and those uses allowed by conditional use, which are set forth in said zone district of the Town of Vail Zoning Code. SECTION 6 In addition to the Approved Development Plan described herein in Section 7, the following development standards have been submitted to the Planning and Environmental Commission for its consideration, and the Planning & Environmental Commission has fonruarded its recommendation of conditional approval to the Town Council, and the Development Plan is hereby approved by the Town Council. The development standards for this SDD shall be those prescribed by the Residential Cluster (RC) zone district unless specifically addressed herein. The followirig are the specific development standards for SDD specifically addressed herein. The following are the specific development standards for SDD no. 34: Base lnformation Underlying Zoning: Lot area: Develooment Standard Number of Lots: Dwelling units: Density: Buildable Area: Site Coverage: GRFA: RC (Residential Cluster) 1.81 acres or 79,002 sq. ft. Maximum Allowance/Limitation 3 single family lots 3 dwelling units 1.66 dwelling units/acre Per approved development plan and building envelopes. 25o/o of lot area (per lot) 2,933 sq. ft./dwelling unit Employee Housing Units (EHU) 1 Type ll EHU per lot allowed. One Employee Housing Unit is required for the entire development which must be provided prior to, or in conjunction with, the Building Permit for the third dwelling unit constructed on-site. Type ll EHU GRFA: 50O 850 sq. ft. allowed per lot for development of an EHU, per Type ll EHU requirements. Planning and Environmental Commission review is required per conditional use requirements for Type ll EHU. Garage Area:600 sq.ft. allowed per dwelling unit (exclusive of the EHU) 1 enclosed parking space required per EHU per lot, which must be deed restricted for use by EHU only. Up to W 400 sq. ft. garage credit allowed per EHU per lot. EHU Garage Area: Setbacks: Per building envelopes delineated on development plan. No GRFA is permitted within 20' of the front property line. Garage area is allowed within 20' from the front property line within the established building envelopes. Parking:Per Chapter 18.52 Off-street Parking and Loading, Zoning Code Per Chapter 18.54 Design Review Guidelines, Zoning Code 30' for a flat roof, 33' for a sloping roof Exterior Lighting: Building Height: sEcTtoN 7 SDD No. 34 is subject to the following additional conditions: 1. 2. 3. 4. The development plan shall be that plan entitled "Flaum Residence," prepared by Pierce, Segerberg, & Associates, Architects, dated 11 111 196, with the latest revision on 1110197. Trash collection shall be typical residential curbside collection and dumpsters shall not be permitted on these lots or in the adjacent right- of- way. This site shall be limited to one curbcut for allthree lots as depicted on the development plan. The entire curbcut shall be developed upon initial construction on any of these three lots. The applicant shall submit a mitigation plan for the rockfall hazard which shall be reviewed and approved by the applicant's geologist prior to Design Review Board approval for construction of homes on these lots. This approval shall become void if the construction of at least one lot is not commenced within three years of the final approval of the SDD. The developer must meet the requirements of Section 18.40.120 of the Municipal Code of the Town of Vail. The recreational amenities tax for this development shall be assessed at the rate required for the Residential Cluster (RC) zone district, as provided for in Chapter 3.36 of the Town of Vail Municipal Code. 5. 6. 7. 8. All retaining walls on-site shall No retaining wall shall exceed line on these lots. conform to existing code requirements. 3' in the first 20' from the front property All development standards contained in this ordinance site shall be noted on the development plan and the final plat for this development. Those notes shall include the following note regarding development within building envelopes: "All future development will be restricted to the area within the platted building envelopes. The only development permitted outside the platted building envelopes shall be landscaping, driveways and retaining walls associated with driveway construction. At-grade patios (those within 5' of existing or finished grade) will be permitted to project beyond the building envelopes not more than ten feet (10') nor more than one-half (112) the distance between the building envelope and the property line, or may project not more than 5 feet (5') nor more than one-fourth (1/4) the minimum required dimension between buildings." One Employee Housing Unit (EHU, Type ll) is required for the entire development which must be provided prior to, or in conjunction with, the Building Permit for the third dwelling unit constructed on-site. Five nunerce{Sgg) Eight hundred and tifty (850) sq. ft. of additional GRFA shall be allowed for the construction of an EHU on each lot. As mitigation for impacts to large trees on-site, 21 additional trees will be provided on-site (7 additional trees per lot). These trees shall have o 10. a minimum caliper of 3" for deciduous trees or a minimum height of 8' for conifers and shall be provided at the time of construction on individual lots. SECTION 8 The owners, jointly and severally, agree with the following requirement, which is a part of the Town's approval of the SDD No. 34: All previous approvals and development plans, including the County Approved PUD for the subject property, are hereby null and void. SECTION 9 Amendments to the approved development plan shall be reviewed pursuant to Section 12-94-10, Amendment Procedure, Vail Town Code. SECTION 1O lf any part, section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses, or phrases be declared invalid. SECTION 11 The Town council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and its inhabitants thereof. SECTION 12. The repeal or the repeal and reenactment of any provisions of Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE lN FULL ON FIRST READING this 18th day of April, 2006 and a public hearing for second reading of this Ordinance set for the 2nd day of May, 2006, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson. Town Clerk Special Development District (SDD) Application for Review by the Planning and Environmental Commission Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2128 fax: 97 0.479.2452 web: www.vailoov.com General Information: All p@ects requiring Planning and Environmental Commission review must receive approval prior to submitting a building permit application. Please refer to the submittal requirements for the particular approval that is requested. An application for Planning and Environmental Commission review cannot be accepted until all required information is received by the Community Development Department. The project may also need to be reviewed by the Town Council and/or the Design Review Board. Type of Application and Fee: tr Rezoning tr Major Subdivision tr Minor Subdivision $650 tr Exemption Plat $650 tr Minor Amendment to an SDD $1000 Alew Speciat-Developmentoistrict-Jfro00- (no exterior modifrcations) I Conditional Use Permit I Floodolain Modification ' tr Minor Exterior Alteration tr Major Exterior Alteration tr Development Plan E Amendment to a Develooment Plan tr Zoning Code Amendment D Variance tr Sign Variance $1300 $1s00 $6s0 $400 $6s0 $800 $1s00 $2s0 $1300 $s00 $200 Description of the Requesl3 io tnta+*:; E-.11 .u. IlAx'->.€ f'k-c rrt qoc:,'-.+, rz eqao 'r.1, ) /\t rf-> r-t- itr./)-€-A<F E: 11 it (,L\nAaG I/.i\ '< ..: F:. f Ac>'vt '?ot>' I rt, -4, r,-. < t Location of the Proposali Lot: A Block:_ Subdivision: -fi-1 e yAuL€-7 p"1A';J v Physicaf Address: i 6'\ i lLe i.; cvip* c t e-t':t:- lt-c,' *r> Parcef No.: t l0 3 | ),^a5 aa G (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Zoning:fLcS i Oc-x-'n aL c L.usri-Y1 , ({]-<) Name(s) of Owner(s):,J 1.'Y\ ,.\NJ f> (';',L18 ir. Ft l\e ,1'l Mailing Address: Phone: q1c. i845- ' ) cc'r- I Owner(s) Signature(s): Name of Applicant:i]- '- i\ Mailing Address: 12 o fz-<' w '11bt) c r\o et, , c .:, ?, r t,'1 i Phone: ci 7 o .''1-l cr . a c,4 5 E-mail Address:'., >'1-r,1 i 11 @ 6. y:1-,'1 q f I :e rl 6, 1,,Fax ,l:ic Jv'i 1-':a wc, For Office Use Onlv: tr-t I 9 FeePaid: Goe CheckNo.: I"' 't(onr^< I*74!"\ tuteetingo@c'r,ro. Planner: 7Pt)\ Flcdev\FORMS\Perm its\Planning\PEC\SDD.doc Page 1 of 7 1t4t06 *i. **+*** *************,1***********************+******** ****{ii.+* {. * * * * * * * * 'f * * * * * * * * * '} * * * * * * * * * * TOWNOFVAIL, COLORADO Statement Statement Nurdber 3 R050000178 Amount I $5,O0O.OO 02/28/200508,45 AM Pa)ment Method: Check FI,AT]Iq Init: iIS Notation: 1019/RoNNA Permi t No: Parcel No: Site Address : Location: This Payment: ACCOUNT ITEM LIST: Account Code PV 0010 00 031125 0 0 PEC APPI.,ICATTON FEES PECo 6 0 013 qT)e: PEC -Major SDD Amendment 2103-r-22-0500-6 1531 BUFFEHR CREEK RD VAII, 1631 BUFFEI{R CREEK RD Total Fees: Total ALL Pmts : Description $5, 000.00 $6, 000 . 00 $5, 000.00 Current PmUE 6,000.00 Balance: S0.00 +* ***** * * * t + + * * * f ********ttt*********r.+*{. * +* + + * * +*****++*+** +****++****+********:}:i* ** * ****** Proposed amendment to SD #34 Flaum residence 2t27t2006 List of adjacent property owners: Name: Steve Lindstrom & Margaret Forken Legal: Lots B & C of The Valley - phase V Physical: 1601 & 1521 BuffehrCreekRoad Mailing: P.O. Box 1152 Vail, CO 81658 Name: Valley Condominiums Owners Association Valley Recreation & Parking Association Legal: Valley Condos & Lions Ridge Filing 2 tract D of parcel A Physical:'1510,1512,1514, 1516, 1518, 1520, 15n,1524,1610,1612, 1614, 1616, 1618, 1620, 1622 BuffehrCreek Road Mailing: P.O. Box 3176 Vail, CO 81658 Name: Town of Vail Legal: Valley Sub Phase V, Tract A (green beh)Physical: n/a (behind and around The Valley Phase V lots A, B, & C)Mailing: c/o Finance Dept. 75 S. Frontage Rd. Vail, CO 81657 irlame: Michael & Nancy Burgermeister Legal: Lions Ridge Filing 2, Track A Physical: 1487 Buffehr Creek Road Mailing: 1502 Buffehr Creek Road Vail, CO 81657 Name: Lars & Helga Burghardt Legal: Valley Sub Phase V, Lot 2 Physicel: 1635 BuffehrCreek Road Mailing: 7241 Siena Way Boulder, CO 80301 Name: John Madden Legal: Valley Sub Phase V, Lot 1 Physical: 1637 Buffehr Creek Road Mailing: 410'l7tn Street ste 530 Denver, CO 80202 Name: Susan & Bradley Tjossem Legaf : Elk Meadows Sub, lots 'l,2, & 4 Physical: 1624,1626, & 1630 BuffehrCreekRoad Mailing: P.O. Box 2975 Vail, CO 81658 Name: Wilmer L. Tjossem trust & Joan E. Tjossem trust Legal: Elk Meadow Sub, lot 3 Physical: '162E Buffehr Creek Road Mailing: 707 Robin Glen 309 Indianola, lA 50125 Re: Scott S. Turnipseed, AIA adribctre I ccrEhlctin I hBsdeltt February 27, 2006 Town of Vail Community Development Attn: Warren Campbell 75 South Frontage Road Vail, CO 81657 970.479.2738 Proposed amendment to SDD #34 Flaum residence Proposed is an amendment to Special Development District #34, to increase the Type II EHU GRFA to 850 square feet, from 500 square feet, and to increase the EHU garage area to 400 square feet, from 300 square feet. Sincerely, GO;--$-.-_- 1\+*^_ Alicio Dovis-Lypps Scott S. Turnipseed, AIA Architecture. Construction, Interior design 300 Belleview Ave.. Suite #3 P.O. Box 1902 Crested Butte. Co 81224 phone: 97O.349.7045 f ox:97O.349.7055 sstoio @crested butte. net www.iurnioheodoio.com 1143 Capilol Street, Suite 211 P0 Box 3388 Eaole C0 81631 l: 970 328 3900 l: 970 328 3901 www.turnipheadaia.com FRff4 : RILERI,I{-K T}*ATRE l,(Fi*rgd FAX m. : 9?8fr5n9 Feb. ZJM 61:13Ff'l P1 illl,l. i.,,,-,-,"",t||il[tillrto, s703ita?055 ItocfiEdggd*(&I*l t rc drs ke r,rlBr er'd dar pbfl.(Ed Z-27'2a4 v'lddl lttr,s br $ffi bttrTqrndlrlldrn||vfrathftOca!.tE*bd[c9Ffil'l lrtrrt]nrlB b h cltttd -!r dalrr nd -tr t ||tkrthath pttrsC hFgidtrttbidr* AN-INce-a<E oP t'r-".€ lyfE tl gil/u 6Ee M^wt a"vn ItLt*'t -9 e 9=4EE- I ftldr.tirffi ttl*tttb.tld]gEr tqbsrtdbfr F|FI'E@ "fi Evg sc o 6lrre oodna ilt dETant #l* e dt q$M 2'23-d4 F!fi.lFoRt/tt mrjPibrnrlFeoSoec ,(Efr rroPEw ox,[B wErtq r''tolra |rltEt ?462alf Proposed amendment to SSD #3zl Flaum residence 2t27t20e6 Title Reports Chicago Title lnsurance Company ALTA COMMITMENT Schedule A Our Order No. V50010816-2 Curt. Ref.: Property Mdrecs: l. Effectlve Date: FebruarJ 03. 2006 at 5:{X) P.M. 2. Poltcy to be Issued, and Proposed Insurcd: Informatlon Binder Propmed Insured: RONNA J. FLATJM 3. Thc estate or lntercst in the land described or rcferrcd to in thls Comrdtmcnt and covcred hercitr is: A Fee Simple 4 , Titlc to the ertate or interest covered herth is at the cffcctlve date hereof vested in: RONNA J. FI.AT.JM 5. The land rderrcd to in ttis Comnitmcnt is dercrtbed as follows: LOT A, THE VALLEY-PHASE V, A RESIJBDMSION OF LOTS 3 AND 4 ACCORDING TO TTIE PLAT RICORDED AUGUST 27, 1997 IN BOOK 735 AT PAGE 708, COT.JNTY OF EAGLE, STATE OF COLORADO. ALTA COMMITMENT ScheduleB-Sectionl @equiremmts) Our Order No. V50010816-z The followlng are the requfu'ements to be complied wlth: Item (d Paymenl to or for the acmunt of th grintols or mortgagors of the full consfleration for the €sbte or inter€st to be insured. Item ft) Pmper inshument(s) creating the estate or Interest to be insurrd must be executed and duly filed for record, lo-wit: Iten (c) Payment of all taxes, charges or messments levled and assessed agalnst the subJect premises which are due anil payable. Ilem (d) Addittonal requirements, if any disclmed below: This produa ls for informadonal purposes only and does not comdtute any form of tirle guaratrtee nor insurance. The ttability of the company shall not exceed the charge patd by the applicant for this product, nor shall the company be held ltable to any party odrer than the applicant for thls producl. THIS COMMITMENT IS FOR IMORMATION ONLY, AND NO POUCY WLL BE ISSTJED PI,JRSUANT HERETO. ALTA C OMMITMENT ScheduleB-Section2 (Exctpttons) Orrr Order No. V5001081F2 The policy or policles to be issued will cutaln exctptiom to tie following unless the same arc dlspmed of to the satisfacdo of the Company: l. Rights or clalms of partles in pmsesslon not shown by the public records. 2. Easemenb, or claims of easetnens, not shown by the publlc records. 3. Disctepancles, conflicts in boundary lines, shortage in area, encroachments, and any facs which a correct survey and impection of the premtses would disclme and which are not shown by fte public recor&. 4. Any lien, or right to a llen, for services, labor or material therelofore or hereafter firnished, impmed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse chims or other matlers, lf any, dealed, flrst appearing in the public records or attachlng subsequent to th effective date hereof but prior to the date lhe proposed lnsured acquires of record for value lhe eshte or lntercst or rnortgage lhereon covered by thh Commifinent. 6. Taxes or special assessments which are not shown as existing liem by the public records.o dte Treasurer's office. 7 . Lfurs for unpatd water and sewer charges, if any.. 8. In addition, lhe owner's policy will be subJect to the mortgage, if any, noted h Sectbn I of Schedule B hereof. 9. RIG}IT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE TItrREFROM SHOI,JLD THE SAME BE FOI,JND TO PENETMTE OR INTERSECT TI{E PREMISES AS RESERVED IN I.JNITED STATES PATENT RECORDED DECEMBER 29, T920, IN BOOK 93 AT PAGE 42 AND RECORDED AUGUST T6, I9O9 IN BOOK 48 AT PAGE 542 IO. RIGIil OF WAY FOR DITCHES OR CANAI.S CONSTRUCTED BY TIIE AUTHORITY OF T}IE TJMTED STATES AS RXSERVED IN I'NITED STATES PATENT RECORDED DECEMBER 29, 1920. IN BOOK 93 AT PAGE 42 AND RECORDED AUGUST T6, T9O9 IN BOOK 48 AT PAGE 542 11. RESTRICTME COVENANTS. WHICH DO NOT CONTAIN A FORFEITI.]RE OR REVERTER CLAUSE, BUT OMITTING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION, OR NATIONAL ORIGIN, AS CONTAINED IN INSTRUMENT RECORDED SEPTEMBER 20, 1972, IN BOOK 225 AT PAGE 443 AND AS AMENDED IN INSTRUMENT RECORDED SEPTEMBER 29, 1972, IN BOOK 225 AT PAGE 565 AND AS AMENDED IN INSTRTJMENT RECORDED JANUARY 22, TS74, IN BOOK 233 AT PAGE 53 AND AMENDMENT THERE'TO RECORDED JULY l, 19tB IN BOOK 362 AT PAGE 804 12. EASzuENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON TIIE RECORDED PLAT OF LTONS RIDGE ST,JBDIVISION, FILING NO. 2. ALTA COMMITMENT ScheduleB-Sectton2 @xceptions) Our Order No. V50010816-2 The policy or pollcies to be issued will contaln erceptions to th€ followfug unless the same are dispced of to thc satisfaction of tle Company: 13. AGREEMENT BETWEEN TAYVEL ENVIRONMENTAL LAND COMPAT{Y AND MOT.JNTAIN TELEPHOM AND TELEGMPH COMPANTY RECORDED SEPTEMBER 27, I973IN BOOK 23I AT PAGE 29T. 14. TERMS. PROVTSIONS AND CONDIIIONS, IN RESOLUTIONS OF TTIE BOARD OF COIJNTY COMMISSIONERS. COTJNTY OF BAGTE, STATE OF COLORADO RECORDED MARCH 27,IgW IN BOOK 3OO AT PAGE 757 AND MAY 6, IgEO IN BOOK 302 AT PAGE 508. 15. TERMS. PROVISIONS AND CONDITIONS CONTAINED IN PLANNED I.JMT DEVELOPMENT AND DECLARATION OF PROTECTIVE COVENANTS RECORDED MARCH 27, T98O IN BOOK 3OO AT PAGE 758 AI{D RERECORDED APRIL IO, I98O IN BOOK 3OI AT PAGE 4I5. 16. TERMS, PROVISIONS, CONDITIONS AND OBLIGATIONS CONTAINED IN EASEMENT AND RIGTIT OF WAY RECORDED MARCH 18, 19& IN BOOK 3(lO AT PAGE 290, 17. PUD PLAN FOR T}IE VALIJY-PHASE V RECORDED NOVEMBER 26, 1980 IN BOOK 313 AT PAGE S5? AND FIRST AMENDMENT TIIERETO RECORDED AUGUST 27, T997 IN BOOK 735 AT PAGE 709 18. DECLARATION OF PROTECTIVE COVENANTS FOR TTIE VALLEY.PHASE V BUT OMITTING ANY COVENANTS OR RISTRICIIONS. IF ANY. BASED I.]PON RACE. COLOR, RELIGION, SEX, SEXT,JAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILTTY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOIIRCE OF INCOME, AS SET FORTH IN APPLICABLE STAIE OR FEDERAL LAWS, EXCEPT TO TTIE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED NOVEMBER 26, 1980 IN BOOK 3T3 AT PAGE 856. 19. SIEDMSION IMPROVEMENT AGREEMENT RECORDED NOVEMBER 26, I98O IN BOOK 3T3 AT PAGE 859. 20. TERMS AND PROVISIONS OF CONVEYANCE OF EASEMENT RECORDED AUGUST T6, 1982 IN BOOK 344 AT PAGE 309. 2I. TERMS, CONDITIONS AND PROVI$ONS OF JOINT MAINTENANCE AGREEMENT RGCORDED JtrNE 04, 1999 AT R.ECEPTION NO. 608739. ALTA COMMITMENT ScheduleB-Section2 (Exccptions) Our Order No. V500108f6-2 The pottcy or policles to be issued will cmraln excepdos to the foltowiug unless the ieme are dtsPced of to thc satisfaction of the Compan5t: 22. EASEMENTS, CONDMONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON TtM PLAT OF THE VALLEY, PTIASE 5 RECORDED NOVEMBER 26, T98{I I,JNDER R-ECEPTION NO. 210230. 23. EASEMENTS, CONDMONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON TTIE RESI,JBDIVTSION PLAT RECORDM AUGUST 27, I9g7 TJNDER RECEPTION NO. 63r663. 24. TERMS. CONDMONS AIID PROVISIONS OF EASEMENT RECORDED AUGUST 17. 2OO5 AT RECEPTION NO. 926420, 25. TERMS. CONDInONS AND PROVISIONS OF EASEMENT RECORDED SEPTEMBER 16. 2OO5 AT RECEPTION NO. 929743- LAND TITLE GUARANTEE COMPANY DISCLOSTJRE STATEMENTS Note: Pursuant to CRS 10-ll-f22, notice is hereby given that: A) The subJect real property may be located ln a special taxing dlstrict, B) A Certtftcate of Taxes I)ue lbdng each taxtng Jrnisdicdon nny be ohtained from the County Treasurer's authorized agent. C) The information regardlng spectal districB and |he boundarles of such dishicts may be obtained fmm the Board of Cormty Commissioners, rhe Counqr Chrk and Recordcr, or the County Assessor. Note: Effective September 1, f997, CRS 30-f0-406 requires thal all docurnents received for recordlng or filing ln the clerk and recorder's ofhce shall contain a top nargin of al least one inch and a left, right and bonom nurgin of al least one half of an tnch. The clerk and recorder may refuse to record or ffle any document that does not conform, except thal, the requirement for the top margin shall not apply to documents using fonns on whlch space ls provided for recording or fillng lnformation at lhe loP rnargln of fte doflrnent. Note: Colorado Division of Imurance Regulatlom 3-5-1, Paragraph C of Article VII rcquires that "Every title entity shell be responsible for all rmtters which appear of record prior to the tfone of recording whenever the tttle entity coducts tlrc closing and is respomlble for recording or filing of legal documents resulting from the tramacdon which was clced". Provided that Iand Tltle Guarantee Company conducts the ctmlng of the insurd transac-tion and ls responslble for recordlng the legal documena from the farsection, excepdon number 5 will not appea.r on the Owner's Title Pollry and the Lenden Policy when issued. Note: Affirmative mechanlc's lien protectbn for lhe Owner may be avallable (typlcally by deledon of Exception no. 4 of Schedule B, Secdon 2 of the Commitnenl from the Owner's Policy to be lssued) upon compllance wlth lhe following conditions: A) The land descrtbed in fthedule A of this commiun€nt must be a single family reslderrce which lncludes a condominium or townhouse unit. B) No labor or nurterlals have been furnished by mechanics or materlal-men for purposes of constuction on the land d€scribd in Schedule A of thls Commitrnent withtn the past 6 months. C) The Comparry mtr.st receive an approprlate affidavit tndemnt$tng the Compatry agafuFt un-Iiled mechanic's and material-men's liem- D) The Company must rccrive paym€nl of the appropriate premiurn. E) If there has been construction, lrnprovements or major repairs undertakeo on tl* p-p"tty to be purchased wtthin six months prior to lhe Date of the Crmmitrnent, the requirements to obtain coverage for unrecorded llens rvlll include: disclosure of ceraln comtruction information; flnanctal inforrnation as to the seller, the builder and or the contraclor; payment of the appropriate premium fully executed Indenntty Agrcements satisfaclory to the company, and, any additbnal requlrements as may be necessary after an examination of the aforcsald informatlon by the Company. No coverage rvtll be given under any circumstrnces for labor or materid for which the lnsured has contracled for or agreed to pay. Note: Pursuant to CRS l0-U-123, notice ls hereby given: This mdce applies to owner's policy comrdtnrenls conlainlng a mineral severance instrunenl exception, or exoeptlons, tn Schedule B, S€ction 2. A) That there ls recorded evidence that a minerd estate has been severed, leased, or otherwise conveyed from the surface eshle and thal there is a substantial likellhood that a third party holds some or all Interesl tn oil, gas, other minerals, or geotherrnal energy in ttrc property; and B) Tlnt such mineral estate may lnclude the right to enler and use the property without the surface owner's permisslon. Nothhg herein conained wlll be deemed to obllgate the company to provlde any of the coverages referrrd to hereln unless the above condltlom are fully satisfieil. Fotm DISCICSURE O9/OI/O2 JOINT NOTICD OF PRIVACY POLICY Fideltty National Financtal Gmup of Compades/Chtcago Title Insurance Company and Lanl fitle Guarante ComFoY July 1, Z{X}r We recoenize ard respect the orivacv expectations of today's consumers and the rpquirementspf alplicatle federal a$ state uiiacv laws. We believi that rirakiirs you aware of horv we use your non-pubnc personal inlormatlo-n (- rersonar Inforinationo). and to whom it is disclmerf will form the basis for a r6latiomhif of rrust lftween- s 4nd lhe public that we servri. This Prlvacv Statement provldes lhat explanation. We reserve the right lo chirnge lhis ltivacy Stalemenl from time to tinie consistenl\dth applicable privacy laws. Iq the course of our business, we may collect Personal Inf,ormation about yol frm the following murccs: * From aoolicatiom or other forms we rcceive from vou or vour authorized represellative;* Fmm yiin transactions with, or from the services being pbrformed by, us, ou afliliales, or olhers;* From "our internet web sftes:- Fmiir- ttri ouUltl-recofus maintalned bv qovernmental entitles that we eilher obhin directly from those entides. oi from our affilietes or otheisiand * From consurner or othet reportlng agencles. Our Polides Regarding the Protectiotr of tte Confidendaltty and Secmtty of Your Permnal Infornation We rnaintain ohvsical. electfonic and orocedural safesudds to protect your Penonal Informatbn from unaulhodzed iiiess oi intrilsion. We limlt access tri the Personal Ififormatioi onlv t6 thce employees who need such access in connection wlth provlding producB or sm.lces to you or for other Iagidmate busfoess purposes- Our Polldes and Practicec R4ardlng the Sharing of Your Personal Infmmadon We rnay shart wur Personal lnformatfun with our amfiales, suqh as inqrnqtce comFnies, agents, and ot}er rtal estate stttlemeiit servlce providen. We also may disclose your Personal Informatlon: * lo aaenls. brokers or reuresentatives to orovlde vou rvllh services vou have rcquesled;* p tf,lrd-party contradojs or-service p,roiiden wto pmvide seMc6 or perforni mar{reting or other frmctlorB ori our behalf; and * to othgrs wtn whom mi enter into Joinl marteting agreements for products or services that we believe you nay find of interest, In addition. we will dlsclme vour Personal Information when vou dhea 61 give us Dermission, when we are required bv law to do so- or wben we'susoect fraudulent or crlminal adiivities. We al-so may disclme You Personal liforrmtion whbn ofterwise oeniritted bv aoolicable prlvacv laws such as, for erainple, wheh disclmurt ts needed lo enforce our righls arblng 6ut of any igr&hent, trinsaction or relatlomhip with ybu. One of the imporhnt responsiblllties of some of our affiliated companlcs is to record documents in the public domaln. Such'documend mav contain vour Personal lnformation. ' Rlght to eoess yo* p""roorl Information and Ablltty to Comcct Errors Or Request Changes Or Deletion Cerhin slates afford vou the ripht to access vour Persoml Information and, under cerlain circurnstances, to flnd out to whom vour Persorial Infornfition has beei disclmed. Also, certain states afford vou the riqht to request correctioti, arnendment or deletlon of vour Persoml Information. We reserve the rf$t, wherE permitti{ by law, to charge a r6asonable fee to cover the c6sts Incurred in responding to such requesb. - All requests submifted to the Fidelity Nadonal Financial Group of Companies/Chicago Title Insurance Company shall bt in writing, and dellvered to-the follolrring ad&€ss: Privacv Comollance Officer I6fJ'g#rflH: Finar4iar, rnc. Sanla Barbara. CA 93110 Muftllple Producb or Senrices Iwe proyjde yog wlth more than one flnanclal_ product or seMce, you may recelve more than one prlvacy notlce from ris. We apologize for any inconvenience lliis may cause you. For:rn PR[V. POL. GII Fmm AI-/CHI Chicago Policy No. 72107-Zg3N,53 OurOrderNo. V50011233 LTG Poltcy No. CTEJ500I1233 Amount $1,381,000.00 Schedule A P"oF ty Addrcss: 160r BLJFFEHR CREEK RD / VALLEY SUB PHASE:V LOT:B VAIL CO 81657 1. Pollqr Datc: September 29, 2005 at 5:il) P.M. 2. Name of Insured: WELLS FARGO BANK. N.A., TTS SUCCESSORS OR ASSIGNS AS T}IEIR INTERESTS MAY APPEAR 3. The estate or lntcrcst in the land derribed or referrcd to in qls Schedule and whkh is covered by thb pollcy ls: A Fee Simple 4. Tith to the estate or lntercst cover€d by this poltcy at the date hercof b v€sted h: STEVENJ. LINDSTROM AND MARGARET F. FORKEN 5. The morgage, hereln nferred to as the insured mortgage, and the csignmcnts thercof, if any are descrtbed as follows: DEED OF TRUST DATED SEPTEMBER 20, 2005, FROM STEVENJ. LINDSTROM AND MARGARET F. FORKEN TO THE PT]BUC TRUSTEE OF EAGLE CO1JNTY FOR T}IE USE OF WELLS FARGO BANK, N.A. TO SECI.JRE THE SI.JM OF $1,38I,OOO.OO RECORDED SEPTEIVIBER 29. 2005, LINDER RECEPTION NO. 931247. 6. The latrd referrtd to ln this policy is descdbed as follows: LOT B, T}IE VALLEY-PHASE V, A RESIJBDTVISION OF LOTS 3 AND 4, ACCORDING TO TlM PLAT RECORDED AUGUST 27, T997 IN BOOK 735 AT PAGE 708, AND TITE AMENDED FINAL PLAT RECORDED MARCH TO. 1999 I,JNDER RECEPTION NO. 689268 COT.]NTY OF EAGLE, STATE OF COLORADO- This Poltcy Valtd only if Schedule B ls attached. Land Tttle Guarantec Company Rcprescnthg Chlcago Ttth losurance Company LTG Policy No. CTEJ500U83 Form AL/CHI Chicago Poffcy No. 7?107-29N053 OurOrderNo. V50011233 Schedule B - I This poltcy does not insure rgainst ls or damage (and the Company will not pay costs, attorneys' fees or expenses) whlch arise by reason of: General F-xceptions: l. Rights or claims of prtfus in pmsession nol shovrn by the public records. 2. Easemenb, or clalns of easemenb, not shown by the publlc records. 3. Discrepancies, conllicts in boundary lines, shortage ln area, encroaclnnents, and any hcb which a correct survey and impectton of rhe premlses would discloee and whlch 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 law and trot shown by the public recmils. 5. 2OO5 TAXES AND ASSESSMENTS NOT YET DIIE OR PAYABLE. 6. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORX TIfiRXFROM SHOUID T}IE SAME BE FOIJND TO PENETMTE OR INTERSECT THE PREMISES AS RESERVED IN I.JMTED STATES PATENT RECORDED DECEI,IBER 29, IgaO,IN BOOK 93 AT PAGE 42 AND RECORDED AUGUST 16. 1909 IN BOOK 48 ATPAGE 542. 7. RIC}IT OF WAY FOR DITCHES OR CANALS CONSTRUCTID BY TIIE AUTHORITY OF TIIE UMTED STATES AS RESERVED IN I,JNIIED STATES PATENT RECORDED DECEMBER 29, 1920, IN BOOK 93 AT PAGE 42 AND RECORDED AUGUST 16, 1909 IN BOOK 48 AT PAGE 542. 8. RESTRICTTVE COVENANTS WHICH DO NOT CONTAIN A FORFETfl,JRE OR REVERTER CLAUSE, BUT OMITNNG ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX. HANDICAP. FAMITIAL STATUS OR NATIONAL ORIGIN IjNLESS AND ONLY TO THE EXIENT THAT SAID COVENANT (A) IS H(EMPT IjNDER CHAPTER 42, SECTION 3607 OF TIfi LINITED STATES CODE OR (B} REI..ATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST IIANDICAP PERSONS, AS CONTAINED IN INSTRTJMENT RECORDED SEPTEMBER 20, I972,IN BOOK 225 AT PAGE 143 AND AS AMENDED IN INSTRUMENT NECORDED SEFTEMBER 29. I972.IN BOOK 225 AT PAGE 565 AND AS AMENDM IN INSTRIJMENT RECORDED JAIWAITY 22, I974,IN BOOK 223 AT PAGE 53 AND AMENDIVTENT TITERETO RECORDED JULY 1, 1983 rN BOOK 362 AT PAGE Ul4. 9. EASEMENTS, CONDMONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED PLAT OF LIONS RIDGE SI.DDMSION, FIIING NO. 2. IO. AGREEMENT BETWEEN TAYVEL ENVIRONMENTAL I.AND COMPAT{Y AND MOI,JNTAIN TELEPHOM LTG Policy No. CTEJ50011233 Form AL/CHI Chicago Policy No. 72107-2930053 OurOrderNo. V50011233 Schedule B - I AND TELEGRAPH COMPANY RECORDED SEPTEMBER 27, I973IN BOOK 23I AT PAGE 291. II. TERMS, PROVISIONS AND CONDMONS, IN RESOLUTIONS OF TIIE BOARD OF COIJNTY COMMISSIONERS. COI,JNTY OF EAGLE, STATE OF COLORADO RECORDED MARCH 27. Igffi IN BOOK 3OO AT PAGE 75? AND MAY 6, 1980 IN BOOK 302 AT PAGE 508. 12. TERMS. PROVISIONS AND CONDMONS CONTAINED IN PLANNED I.JMT DEVELOPMENT AND DECLARATION OF PROTECTIVE COVENANTS RECORDED MARCH 27, 1980 IN BOOK 3OO AT PAGE 758 AND RERECORDED APRIL IO, I98O IN BOOK 3OT AT PAGE 4I5. 13. TERMS. PROVISIONS. CONDTUONS AND OBLIGATIONS CONTAINED IN EASEil'{ENT AND RIGTM OF WAY RECORDED MARCH 18, T98O IN BOOK 3OO AT PAGE 290. !4. PLANNED UNIT DEVELOPMENT PLAN FOR T}IE VALLEY.PHASE V RECORDED NOVEI\'BER 26, r98O IN BOOK 313 AT PAGE 857 AND FIRST AMEND}ITNTRECORDED AUGUST 17, I9{I7 IN BOOK 735 AT PAGE 709. 15. RTSTRICTWE COVENANTS WHICH DO NOT CONTAIN A FORFEITI.]RE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN I,JNLESS AND ONLY TO TTIE EXTENT THAT SAID COVENANT (A) IS E)(EMPT I.JNDER CHAPTER 42, SECTION 3607 OF T}IE IJNITED STATES CODE OR (B) RELATES TO HANDICAP Bt]T DOES NOT DISCRIMINATE AGAINST }IANDICAP PERSONS. AS CONTAINED IN INSTRTIMENT RECORDED NOVEMBER 26, 1980, IN BOOK 3I3 AT PAGE 856. 16. SI,JBDIVISION IMPROVEIUENT AGREEMENT RECORDED NOVEMBER 26, 1980 IN BOOK 3I3 AT PAGE 859. 17. TERMS AND PROVISIONS OF CONVEYANCE OF EASEMENT RECORDED AUGUST T6, 1982 IN BOOK 344 AT PAGE 3OO. 18. TERMS, CONDMONS AND PROVI$ONS OF JOINT MAINTENANCE AGREEI\,ENT RECORDED L,NE 04, 1999 AT RXCEPTION NO. 698739. 19. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON TIIE PLAT OF TTIE VALLEY, PHASE 5 RECORDED NOVENIBER 26, I98O I.JNDER RECEPTION NO. 210230- LTG PolicyNo. CTEJ50011233 Form ALiCHI Chicago Pollcy No. 721O7-25n053 Our Order No. V50011233 Schedule B - I 20. EASEMEI.ITS. CONDITIONS. COVENAI.ITS, RESTRICTIONS, RESERVATIONS AND NOTES ON TTIE RESI,'BDIVISION PLAT RECORDED AUGUST 27, 1997 I,JNDER RECEPTION NO. 631663. 21. EASEMENTS, CONDMONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON T}IE RESUBDTVISION PLAT RECORDED MARCH IO, 1999 TJNDER RECEPTION NO. 6E926E. 22, TTM EFFECT ONSI]BJECTPROPERTYOF STONEPATIOAND CONCRETEPATIO AS SHOWN ON IMPROVEMENT LOCATION CERTMICATE PREPARED BY PEAK LAND SURVEYING, INC. JOB NO. 480 DATED AUGUST 2, 1999. 23. TERMS. CONDMONS AND PROVISIONS OF DRWEWAY EASEMENT AND MAINTENANCE AGREEMEM RECORDED SEPTEI'{BER 16, 2OO5 AT RECEPTION NO. 929743, MEM NOS. 1 TIIROUGH 4 OF THE GENERAL EXCEPTIONS ARE TMREBY DELETED. LTG Policy No. CTEJ5fi)11233 Form AI-/CHI Chtcago Policy No. 72107-2930053 Our Order No- V500lf 233 Schedule B - II In addition to the matters set forth in Part I of this Schedule, the titlc to the estate or interest in the land descrlbed or referred lo in Schedule A ts subJect to lhe followlng natters, if any be shown, but the Company lmures that the ltm m drmge of the insured mortgage upon said estate or interest is Prior to ch matters. DEED OF TRUST DATED MARCH 10, 2003, FROM STEVEN J. LINDSTROM AND MARGARET F. FORKEN TO TIIE PT,JBLIC TRUSTEE OF EAGLE COT.'NTY FOR TIIE USE OF WELLS FARGO BANK, N.A. TO SECURX T}M SUM OF $5OO,OOO.OO RXCORDED MARCH 21, 2003, I,JNDER RECEPTION NO. 827466. STJBORDINATION AGREEMENT IN CONMCTION WITH SAID DEED OF TRUST WAS RECORDED SEPTEMBER 29, 2005, I,JNDER RECEPTION NO. 93T244. MODIFICATION AGREEMENT IN CONMCTION WIIII SAID DEED OF TRUST WAS RECORDED SEPTEMBER 29, 2005. I,JNDER RECEPTION NO. 931245. SI.JBORDINATION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED SEPTEMBER 29, 2005, IJNDER RECEPTION NO. 93T246. LATTID TITTE GUARAiITEE COMPAI{Y ENDORSEMENT ATTA 9 case v5o07723i Policy cltZJ50O77233 Loan # O059O7O744 ?he compalty insures the owner of the irdebtedness secured by the irsured mottgage against foss or damage sustained by reason of: 7. Any incottectness irt the assurances that, at Date of PoLicy: (a) There are no covenants, conditions or xestticxions under which the .fien of the mortgage teferred to in schedufe A can be divested, subordinated or extiaguished, or its validity, priority or enfotceabiL ity inpa i red. (b) Unless expressly excepted in SchedDfe B: (1) Theze are no present vioLations on the -7and of any enfotceable covenants, conditions or restrictions, nor do any existing inprove- ments on the l-and viol-ate any building setback lines shown on a plat of subdivision recorded or fiLed in the public records. (2) Any instrument refetred to in Schedul,e B as containing covenants, conditions or restrictions on the J-and does not, in addition, (i) establ-ish an easement on the fand; (ii) provide a J-ien for Liquidated damaqes; (iii) provide for a ptivate chatge o-r assessnent; (iv) provide for an option to Purchase, a tighx of fiTst -refusa-I ox the ptior appzovai of a futute purchaset or occuDant - (3) firere is no enctoachment of existing irg)rovements located on the Tand onto adjoining 7and, nor any enctoachment onto tIrc fand of existing impzovements Located on adjoining land. (4) There js no e.ncroacinent of existingr irryrovements -located on the fand onto the portion of the Land subject to any easement excepted in Schedu)-e B. Thete are no notices of viaLation of covenants, conditions -restrictions ae-latingr to environmenta-l protection -recorded fiLed in the public records. Page 1 of 2 Repmentiq fiimp Title Insrance Conqany (s) and or Poiicy cttE;r50077233 2- Any future or restrictions or interest in LA]IID TITTE GUARA]ITEE COMPAilY ENDORSEMENT AITA 9 viol-ation on the Land. of any existing covenants ' conditions occurring ptiot to the acquisition of titLe to the estate the Land by the insured, provided the viofatio, resu-Zts in: (a) Invalidity' foss of ptiotity, or unenforceabiJity of the fien of the jnsured moxtgage; or (b) resDfting from the future exercise of any right to use the surface of the Land fot the extraction ot devefopment of mineraLs excepted from the description of the Tand or excepted in Schedufe B. 4. Any finaT court ordet or judqment requiring the removaL ftom any Land adjoining tbe Tand of any encroachment excepxed in SchedDfe B- 5. Any final court order or judgment denying the right to maintain any existing inry)rovements on the fand because of any vioTation of covenanxs, conditions or restrictions or buiLding sexback Lines shown on a pTat of subdivision recorded or fifed in xhe pubTic records- Wherever in xhis endotsement the words "covenanxs, conditions or restrjc- tions" appear I they sha77 not be deemed to refex to ot incLude the terms' covenants, conditions or Limitations contained in an instrument cteatiag a -lease. As used in paragraplts L (b) (1) and 5, tie words "covenants, cotditions or restrictions" shaLl" not be deemed to reter to or incfude any covenants, conditions or resttictions relating to environmentaf protection- ?hjs endorsement is made a part of the policy and is subject to aJJ of the terms and provisions theteof and any prior endotsements thereto. Except to the extent expressly stated, it neither modifies any of tie terms and provlsions of the poTicy and any prior endorsements, nor does it extend the effective date of the poTicy and any prior endorsements, nor does it increase the face amount thereof. Page 2 of 2 Representiry Cltcago Iitle lmrarce Compary (b) foss of titfe to the estate or interest in insured shaLL acquire titJe in satisfaction of secured by the insured mottgage. Damage to existing intr>rovements incTuding lawns, (a) which are Located on or encroach upon that subject to any easement excepted in Schedufe B' from the exercise of the right to maintain the purpose for which it was granted or resexved,' the .7and if the the indebtedness shrubbery or ttees i portion of the fand which damage xesu-Z ts easefient fot the LA]IID TITI.E GUARATTITEE COMPAilY case v5O077233 PoLicy CZ7;t5o0 77233 Loan # 0059070744 The insltance afforded by this endotsement is onfy eftective if the fand is used ot is to be used prirnarily for Eesidentiaf putPoses- The Company insures the insured against foss ot damage sustained by reason of lack of priority of the Tien of the insured mortgage over: (a) any environmentaL protection Tien which, at Date of Poficy, is recorded in those records estabTished under state staf,utes at Date of Poficy fot t}e purpose of imparting constructive notice of mattets refating to reaL ptoperty to purchasers foz vafue and without knowLedge ' or fiTed in the zecords of the clerk of the United,states district court for the disttict in wbich the J-and is Located, except as 9et forth in schedul.e B-7; or (b) any environmenta-l psotection -l.ien p.rovided fot by any state statute in effect at Date of Poficy, except environmentaf Protection fiens provided for by the foffowing state statutesi lt/one This endorsement is made a part of the policy and is subject to aJ.l of the terms and provisions thereof and of any prior endotsements thereto. Except to the extent expressly statedl it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the etfective date of the policy and any prior endorsements, nor does it increase the face amount tbereof . ENDORSEMENT ALTA 8.1 E}MTRONMENTAL LIEN PROTECTION RepesentfiB Chica$ Iitle lnsrarrce Conpany LAI{D TITTE GUARA]ITEE COMPAITIY ENDORSEMENT AI.TA 5 PI,AI.I}IED UNIT DEVETOPMENT Case V50077233 Policy c8A,r50027233 Loan # OO59O7OI44 The Company heteby ingures against J-oss or damage by reason of: (1) present vioJations of any testrictive covenants specitically referred to in Sclredu-le B-I which testrict the use of the fand. Said restrictive covenants do not contain anv provisions which wifJ- cause a forfeiture ot revexsion of titLe - (2) The priority of any fien for charges and assessments provided fot in any document specificaTty refetred to in scheduLe B-f ovet the Tien of any insuted mottgage identified in schedul-e A. (3) Any obJigation to renove any inqtrovements on the fand becaDse of (a) any presert encroaclnnent by such imptovements upon adjoining Taad ot upon any ea.semerlt specificalLy referred xo in Schedu]e B-r or' (b) any Presenx encroachment onto the fand by ing>rovements on adjoining 7and. (4) The faiLute ot titLe by reason of a right of fixst refusal- to purchase tbe l-and which was exercised or couLd have been exercised to date of poLicy. This endorsement is made a part of the policy and is subject to alJ. the terms and ptovisions thezeof and of any priot endorsements thereto. ExcePt to the extent expressJy stated, it neither nodifies any of the terms and provisions of the poJicy and prior endolsemerts, if any, nor does it extend the effective date of the policy and priot endorsements or increase the face amount thereof. Repesentiir{ Cfticago Trth Instralrce Conpany LAilD TITLE GUARAilTEE COMPAIiIY ENDORSEMENT 103.1 case v5O077233 PoLicy cttE;r5OO7I233 Loan # 0059070744 The Conry)any heteby insures against Toss or damage which the fnsured sha -1.-l sus tain as a tesu-lt of any exercise of the xight of use or maintenance of tJre easemert referred to in patagraph(s) 7 of Scbedul-e B or throDqh said land- ?he tota-l Tiabi]ity of the Corpany under said poiicy and any eDdoxsements therein sha.Ll- not exceed, in the aggtegate' the face amount of said poliey and costs rshi cir the Conrpany is ohligated under the Conditions and Stipulations thereof to pay. This endorsement is made a part of said poLicy and is subject to the .gc.hedu-Z es, conditions and stipDfations therein, except as nodified by the provisions hereof. Representiry Cldcago Title lnrrame Conpany lAttID TITIE GUARAITITEE COIi,|PAIIIY case v50O77233 Poficy ctT'r50077233 Loan # 0059070744 ENDORSE}4ENT LLO.7 \,"ARIABLE RATE I''ORTGAGE The conpany hereDy insures against -loss or danage by reason of: (1) The invaTidity or unenf otceabiTity of the Tien ot the insured mortgage resuTting from the provisions therein which pxovide tot changes in the rate of interest. (2) Loss of priority of the I'ien of the insuted mortgage as secutity fot the unpaid ptincipal baf-ance of the Loan, together with interest as changed in accotdance with the provisions of tte insured mottgage, which l"oss of priority is caused by said changes ia the rate of irterest. "Changes in the rate of intetest", as used in this endotsement, shafl- mean onfy those changes in the rate of interest cal-cu.7ated pursuant to the formufa provided i.n tlre insured mortgage at Date of PoLicy- This endorsement does not insure against Toss or danage based upon (a) usury/ or (b) any consumer credit protection or truth in lending 1aw. This endorsement is flade a part of the poficy and is subject to al-.7 ot tlre terms and provisions thereof and of any ptior endorsements thereto, except that the insurance afforded by this endorsement is not subject to Patagraph 3(d) of the Excfusions ftom Coverage. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endotsements, nor does it extend the effective date of the poficy and any Ptior endorsements, nor does it inctease the face amount thereof. Dated:sapteDbe.r 29 . 2OO5 Repesentq CItimp lith lmrance Company LAI{D T]TTE GUARAiITEE COMPAIIY ENDORSEMENT 116 case v5O077233 Po]icy CrEtSOo 77233 Loan # 0059070714 ?he corpany assu-res the rnsured that at the date of this poJicy thete is SNT(}IG TTMII,I RESIDENCE knovn as 1601 BUfrEtR CREED RD, VIIE, CO 81657 and that the PLIE rAP shows the cotxect focation and dimensions of said ]and according to those records which undet the recozdinq Laws inpart constructive notice as to said Land- The Company lrereby jnsures against -l.oss or darl'age whicl said Assured shafl. sustain in the event that the assurance herein shalL ptove to be incorrect. The total -liability of the coryany under said poLicy and any endorsements therein shafL not exceed, in the aggregatet the face amount of said poTicy and costs trhich the company is obLigated under tbe conditions and stip9fations thereof to pay- This endorsement is raa de a part of said policy ard is subject to the schedu]es, conditions, and stipu-lations tllerejn, except as modified by the provisions hereof. Repaeotftrg Cfticagp Trth lnrrame Gonpany 02/10/2008 18: 17 FAX S70{?84534 tAfiD TIITE-VAIL E0o1/oo5 tr'ornr AIJCHI offiwt-ln4$7 Sct dnLA hopcrfy A&rsc: LOTC. THE VALLEY.PHASE V ,ryyr+--l : fu?r*- #n'la. 3n1 ' -7oss wHch is corcrcd bt this podct b: tr: 1. 2. Polhyhc: Nrnr o[ I$$rrd: zl= los - thc catrt or ld€rolt in thc bnd dr*rlbcd or rcfcrrcd to In thir $chsduh and A Fet Simplc TiOC to atc G3u. or ir|tertlr covcrd by tih pollcy d thc dte hcrof ls veeicd SEE ATTACHED 5. Ihc qtnfc, hcrcin rcfcrmd to rs ttr tnsrrcd ttErrFlc, rnd thc rr*nnrcrtf lhar.of, lf rtry fir dccrlbed rs follons; SEE ATTACT{ED Thc hd rtftrr.d to in thi6 Do[ct ls dcfiribcd rs folowr: sEE ATTACHED PACE{$ FOR I.EGAL DESCHPTION lhic Policy Vdld onty if Sctcdulc B ls rflich.d- Lmd ltlc Grnrrdc Colnprry ncprclcdng Clfclgo Tillc lasunncc Coopny 02/?0/2008 1E:1? FAX 9704784534 LA[0 IIILE-VAIL n002/oo5 ErilD|I "A" ttcrt DEECilPTlot PAncEL2 LOT C, TITE VALLEY-PHASE V, A REITT'BDIVISION OF LOTS 3 AND 4, ACEORDN{G TO fiE PLAT RBCORDED AUGUST 27, 1997 IN EooK 735 AT PAGE 708, COUNTY OF EAGLE, STATE oFcolonADo. 02/?0/?008 16r17 FAX S?04784534 LAI{D IIILE-VAIL E oo8/oo5 QrodcrNo. WF212A?1 Tidc tr tbc rrt tr or btnrt oomd ly Cir plicl .t thc i.tt lrrrf k wnd lo: PARCEL2 $TEVENJ, UNDSTROM AND MAROARET F. FONXEN 02/,20/2008 18:l? FAx 9?04?81534 LAN0 rIItE-vAIt B 004/oo5 Fofir| 060067-lo?{13? Schsdrle B . I 19, RIGHT OF PROPRIETOR OF A VEIN OR LODE TO E)(IRACT AND REMOVE IIIS ORE THEREFNOM SHOUID THE SAME 3E FOUND TO PENETMTE OR INTERSECT TI{E Pf,EMISES AS nESER\IED IN UNIIED STATES PATENT RECORDED DECEITIBER 29. 1y20. IN BooK 93 AT PAGB 42 AT.ID RECONDED AUCUST t6, I9O9 IN EOOK 48 AT PAGE '12, $.RIGTHT OF WAY FOR DITCHES OR CANATS CONSTNUCTED BY THE AUTHON,ITY OF THE UMTED STATES AS RESEN,VED IN UMIED STATES PATEITIT RECORDED DECEMSER 29. 1920, IN BOOK 93 AT PAGS 12 AND RECORDED AUCUST 16, I9O9 TN BOOK TE AT PAGEflZ. RESTRICTIVE C9VENAI{TS WHICH DO NOT CONTA]N A FOE! TTURE OR RE1IERTER CLAUSE. BUT OMITfING AI.IY COVENA.IT OR RESTRICT]ON B^SED ON RACE, COLOR, REUGION, SEX, ITAI.'DICAP, FATIIUAL STATUS OR NATIONAL ORICIN UNLESS AI{D ONLY To THE EXTENT THAT SAID COI/BNANT (A) IS EXEMPT UNDER, CI{APIER 42, SECTION 3607 OF THB UMTED STATBS CODE OR 1A1 gg1q15s TO HANDICAP BUT DOES NOT DISCRIMINATP AGAIN T HANDICAP PER,SONS, AS COhITAINED IN INSTRI,'MBNT RECORDED SEPIEMEER 20, l9z, IN E()OK 225 AT PAGE 4.13 AND AS AilEt{DED IN INSIRUMEMI RECORDED SEPTEMEER 29, I9Z. IN BOAK 7,25 AT PAGE 565 AND AS AT{ENDED IN INSTRUMEM RBCORDED TANUATY 22, IN4, tN B@K TI3 AT PAGE 53 AND AMENDMEM TIIEREI1ORECORDEDJULY I. 1983 IN E@K 362 ATPACEtO4. UTTI,ITY BASEMENT Z} FEET IN WIDTH. TO FEET ON EACH STDE OF AII D TEEIOI' ll}T LINFA AND A I' F@T UIIUTY EASzuE}TT ALONC AND AEUTTING AII- EXIERIOR LOT LINES AS RESERVED ON ffiE PL^T OF UON's RIDGE ST'EDI\,ISION. FIllNC NO. 2. AGNEEMENT BETWEEN TAYVEL ENVIRONMEI{TAL LAND COMPANT A}ID MOUNTAIN T?LEPHONE AND TEIJCN,APH COMPANY RECORDED SEPTEMBER 27. 1973 tr{ BOOK 231 AT PAGE 29I, TERMS, PRO1/ISIONS AND COITDITIONS, IN RESOLUTIONS OF TIIE BOARD OF COUNTY COMMISSIO}IEN,S, COI,'NTY OF EAOLE, STATE OF CO-ON^DO RECONDED MERCH 27, I9EO IN BOOK 3OO AT PACE 757 AND MAY 6, I98O IN BOOK 3O2 AT PAGE 508. TERMS, PROVISJONS AND CONDITIONS CONTATNED IN PLANNED UiIIT DEVEIOP}'ENT ^ND 2t. 22. 23. 24. 25. 02/,.20/2008 18: l8 FAX 9704764534 LANo TITLE-VAIL aooS/oo5 Form AUCHT 06-0067-1fl{137 Schc&lc B - I DECLARATION OF PROTECTryE COVENANTS RECORDED MARCH 27, I9EO IN BOOK 3M AT PACE 758 AND RERECORDED APRIL tO. I.9EO IN B@K 3OI AT PACE 4I5' 26, TERMS, PROVISIONS, CONDITIONS AND OBLIGATIONS CONTAINED IN EASEMENT AND RIOI{T OF WAY RECORDED MARCH 16. I9TO IN BOOK 3OO AT PAOE 290. 27 DN.IVEWAY ENVELOPE AS SI{OUTN OiI TIIE VALLEY- PHASE V PLAT RECONDED NOVEMBEN. 26. 1980 rN BOOK 313 AT PAGE E54. 2I, DWELLING UNITS AS SBT FORTI{ ON TT{B VALLEY-PHASE V PIIT RECONDED NOVBMBER 26, 1980 tN BOOK il3 AT PA6B E54. 29. PUD PLAN FOR THE VAIIEY.PHASE V RECORDED NOVEMEER 26, 1980IN BOOK 3I3 AT PAGE 85' AND FIRST AMENDMEIIT RECORDED AUGUST I?, 1997 IN BOOK 735 AT PACE 709. 30, DECI^AR^'TION OF PROTECTTVE COVENANTS FON, THE VAIIJY.PHASE V BECORDED NOVEMBER 26. I98O IN BOOK 3I3 AT PACE E56. 3I. SUBDIVTSION IMPROVEMENT AGREEMENT RECORDED NOVEMBER 26, T9EO TN BOOK 3I3 AT P cE 859" 32, TERMS AI{D PROVISIONS OP CONVEYANCE OF EASEMENT RECORDED AUGUST 16. I9&I' IH BOOK 344 AT PAGE 309. 33. EASEMENTS. RESEN.VATIONS AND RESTRICT1ONS AS SHOWN OR, RESERVED ON THE RESUEDIVISION PT,AT RECORDED AUOUST 27, '997 'N BOOK 735 AT PAGE 708. t4. TERMS, CONDITIONS AND PROVI!;IONS OF TOINT MAINTENAIICE AGREEMEI'IT RICORDED JUNE 04, 1999 ATRTCEmON NO. 69tr739. et+756'.# E€4DF-@ e/;.J>eG @€Tor\-' 7z719J. zlrulos ORDINANCE NO.2 Series of 1997 Proposed Amendment for SDD No. 34 2127120c6, SECTION 1 The Town Council finds that all the procedures set forth for Special Development Districts in Chapter 18.40 of the Municipal Code of the Town of Vail have been fully satisfied. sEcroN 2 Special Development District No. 34 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the town, provide adequate open space, employee housing, and promote the objectives of the Town's Zoning ordinance. The development is regarded as complementary to the Town by the Town Council and the Planning and Environmental Commission, and there are significant aspects of the special development which cannot be satisfied through the imposition of standard zoning on the area. SECTION 3 Special Development District No. 34 is established for the development on a parcel of land comprising 1.81 acres (lots 3 and 4, the Valley Phase V) and shall be referred to as "SDD No. 34'. SECTION 4 The Town Council finds that the development plan for SDD No. 34 meets each of the standards set forth in Section 18.40.080 of the Municipal Code of the Town of Vail, except "l." which is not applicable. In accordance with Section 18.40.040, the development plan for SDD No. 34 is approved. SECTION 5 The zone district underlying SSD No. 34 is Residential Cluster (RC). The uses allowed in SDD No. 34 shallbe limited to those uses indicated on the development plan and those uses allowed by right, and those uses allowed by conditional use, which are set forth in said zone district of the Town of Vail Zoning Code. SECTION 6 In addition to the Approved Development Plan described herein in Section 7, the following development standards have been submitted to the Planning and Environmental Commission for its consideration, and the Planning & Environmental Commission has forwarded its recommendation of conditional approval to the Town Council, and the Development Plan is hereby approved by the Town Council. The development standards for this SDD shall be those prescribed by the Residential Cluster (RC) zone district unless specifically addressed herein. The following are the specific development standards for SDD specifically addressed herein. The following are the specific development standards for SDD no. 34: Develooment Standard Maximum Allowance/Limitation Base lnformation Underlying Zoning: Lot area: Number of Lots. Dwelling units: Density: Employee Housing Units (EHU) Buildable Area: Site Coverage: GRFA: Type IIEHU GRFA: RC (Residential Cluster) 1.81 acres or 79,002 sq. ft. 3 single family lots 3 dwelling units 1.66 dwelling units/acre 1 Type ll EHU per lot allowed. One Employee Housing Unit is required for the entire development which must be provided prior to, or in conjunction with, the Building Permit for the third dwelling unit constructed on-site. Per approved development plan and building envelopes. 25o/o of lot area (per lot) 2,933 sq. ft./dwelling unit 50O 850 sq. ft. allowed per lot for development of an EHU, per Type ll EHU requirements. Planning and Environmental Commission review is required per conditional use requirements for Type ll EHU. Garage Area: 600 sq.ft. allowed per dwelling unit (exclusive of the EHU) EHU Garage Area: 1 enclosed parking space required per EHU Per lot, which must be deed restricted for use bY EHU onlY. UP to W 4(n sq. ft. garage credit allowed per EHU per lot. Setbacks: Per building envelopes delineated on develoPment Plan. No GRFA is permitted within 20' of the front property line. Garage area is allowed within 20' from the front property line within the established building enveloPes. Parking: Per Chapter 18.52 Off-street Parking and Loading, Zoning Code Exterior Lighting: Per Chapter 18.54 Design Review Guidelines, Zoning Code Building Height: 30'for a flat roof, 33'for a sloping roof SECTION 7 SDD No. 34 is subject to the following additional conditions: 1. The development plan shall be that plan entitled "Flaum Residence," prepared by Pierce, Segerberg, & Associates, Architects, dated 11111196, with the latest revision on 1/10/97. 2. Trash collection shall be typical residential curbside collection and dumpsters shall not be permitted on these lots or in the adjacent right-of- way. 3. This site shall be limited to one curbcut for all three lots as depicted on the development plan. The entire curbcut shall be developed upon initial construction on any of these three lots. 4. The applicant shall submit a mitigation plan for the rockfall hazard which shall be reviewed and approved by the applicant's geologist prior to Design Review Board approval for construction of homes on these lots. 5. This approval shall become void if the construction of at least one lot is not commenced within three years of the final approval of the SDD- The developer must meet the requirements of Section 1 8.40.1 20 of the Municipal Code of the Town of Vail. 6. The recreational amenities tax for this development shall be assessed at the rate required for the Residential Cluster (RC) zone district, as provided for in Chapter 3.36 of the Town of Vail Municipal Code. 7. All retaining walls on-site shall conform to existing code requirements. No retaining wall shall exceed 3' in the first 20'from the front property line on these lots. 8. All development standards contained in this ordinance site shall be noted on the development plan and the final plat for this development. Those notes shall include the following note regarding development within building envelopes: "Allfuture development will be restricted to the area within the platted building envelopes- The only development permitted outside the platted building envelopes shall be landscaping, driveways and retaining walls associated with driveway construction. At-grade patios (those within 5' of existing or finished grade) will be permitted to project beyond the building envelopes not more than ten feet (10') nor more than one-half (112) the distance between the building envelope and the property line, or may project not more than 5 feet (5') nor more than one-fourth (1/4) the minimum required dimension between buildings.' 9. One Employee Housing Unit (EHU, Type ll) is required for the entire development which must be provided prior to, or in conjunction with, the Buitding Permit for the third dwelling unit constructed on-site. Five nundred{500} Eight hundred and tW PsO) sq. ft. of additional GRFA shall be allowed for the construction of an EHU on each lot. 10. As mitigation for impacts to large trees on-site, 21 additional trees will be provided on-site (7 additional trees per lot). These trees shall have a minimum caliper of 3" for deciduous trees or a minimum height of 8' for conifers and shall be provided at the time of construdion on individuallots. SECTION 8 The owners, jointly and severally, agree with the following requirement, which is a part of the Town's approval of the SDD No. 34: All previous approvals and development plans, including the County Approved PUD for the subject property, are hereby nulland void. SECTION 9 Amendments to the approved development plan shall be reviewed pursuant to section 18.40.100 of the Vail Municipal Code. SECTION 1O lf any part, section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses, or phrases be declared invalid. sEcT|oN 11 The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and its inhabitants thereof. Proposed amendment to SSD #34 2t27t20c6 Response to 12-9A€ Design Criteria. A. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. No lmpact. B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. No lmpact. C. Parking and Loading: Compliance with parking and loading requirements as outlined in Chapter 10 of this Title. No lmpact. D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. No lmpact. E. Natural and/or Geologic Hazard'. ldentification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. No lmpact F. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. No lmpact. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation.' No lmpact. H. Landscaping: functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views, and function. No lmpact. l. Workable Plan: Phasing plan or suMivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. (Ord. 21(1988) 1) No lmpact. Status: LJ Approveo Coruruuury DEVELopMENT Rourtruc Fonut I Approved with conditions fi Denied Routed To:JR Rulapaugh, FIRE Date Routed:03/03/06 Routed By:Warren Camobell Date Due:03/15/06 Description of work:Prooosed amendment to SDD No. 34 to increase the allowable size of an EHU from 500 s.f. to 850 s.f and the EHU garage from 300 s.f. to 400 s.f. Address:1631 Buffehr Creek Road Legal:Lot:I A-C I Block:Subdivision:The Valley Phase 5 Comments:Date Reviewed: nt lssues. Need additional review Fire Deoartment. Provide stamDed PE drawino of sinole. double, triple soil nail walls. Provide qradinq plan. Show all required oarkino soots. Show sloo of driv Show limits of disturbance fence. Provide detail of rock fence erosion control fence. Provide a staqinq plan, I warygc31q!9-rf ; Flgum teslqglge P!!gggg]3 From: JR Rulapaugh To: Warren Campbell Date: 03/09/2006 9:56:38 AM Subject: Flaum residence PEC06-0013 Flaum residence is approved with conditions. Same as before, sprinkler and alarm. j.R. -7-hz. t/"/q /Wv /ofA/ Design Review Board ACTION FORM L),rsfrlyS,e DeparUnent of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 laxi 970.479.2452 web: www.ci.vail.co.us Prcject Name: FI-AUM RESIDENCE DRB Number: DR8050258 Prcject Description: A new single-family residence and EHU. Participants: owNER FLAUM, RONNAJ. o6/16/200s PO BOX 3117 VAIL @ 816s8 APPUCANT SCOTTTURNIPSEED,AIA 06/16/2005 Phone:970-328-3900 1143 CAPITOL STREET. SUITE 211 PO BOX 3388 EAGTE co 81631 License: C000001848 ARCH|IECT SCOTITURNIPSEED, AIA 061L612005 Phone: 970-328-3900 1143 CAPITOL STREET, SUITE 211 PO BOX 3388 EAGLE co 81631 License: C000001848 Project Address: 1631 BUFFEHR CREEK RD VAIL Location: 1631 BUFFEHR CREEK RD f€gal Descripton: L.ot A Block: Subdivision: VALLEY (SUB) PHASE V, TH Parcel Number: 2103-122{500-6 Comments: SeeConditions BOARD/STAFF ACrION Motion Byr Joe Hanlon Action: APPROVED Second By: Sherry Dorward Vote: 4-0-0 DateofApprovah 07106/2005 Conditions: Cpnd: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 (Pl4N): 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 issued and construction is commenced and is diligently pursued toward completion. Cond: CON0007291 Fire sprinkler system required and shall comply with NFPA 13R(2002). Cond: CON0007292 Monitored fire alarm system required and shall comply with NFPA 72(2002). Cond: CON0007297 The applicant shall submit the appropriate Town of Vail documents for recording with Eagle County to deed restrict the Employee Housing Unit prior to the issuance of a Temporary Certificate of Occupancy or C.eftificate of Occupancy. Cond: CON0007298 Cond: CON0007299 The applicant shall increase the width of the turn-around to be a minimum of 12 feet in width which shall be reflected on the plans submitted for building permits. Cond: CON0007300 The applicant shall submit written approval from all utility companies for the improvements and landscaping located within the utility easement in conjunction with submitting for building permits. Cond: CON0007301 The applicant shall revise the plans to show a minimum of a 4-foot bench between the exisitng retaining wall and the new retaingin wall on the south side of the driveway extension which shall be depicted on the plans submitted for building permits. Cond: CON0007302 The applicant shall revise the plans to insure that no disturbed slope is returned to a grade greater than 2:1 in conjunction with submitting for buidlign permits. One area to be addressed is the grading between the new combination retaining walls located south of the new driveway. Planner: Warren Campbell DRB Fee Paid: $650.00 Datc: Lcgal dcscrip tion: Lot Addrxs Grncr Architcct Zonc disrict Lot sizc Total GRFA os ZONE CFIECK Phonc Phonc Proposcd usc Btrildablc arca Allorvcd Existin e . Proposcd Rcmaining =J4133_ A * 2133a=0tr --.---.---..-.:=- prinrarycRFA _+(425)(6.ls.)=:{A_ q *Sn at Sccondary ORFA + (.12j)(67i+) = 675 = 425 crcdir plus 2j0 arldition Docs this rcqucst involvc a 250 Arldirion? /J" _ Horv much of ihc allowcd 2iC Addition is uscd with this rcqucst?Nonu <lqt il Go€i) . Y'31+l55o.s 33' Sitc Co'cragc aSI" Hcigbt Sctback all' ?a'23 ?c'Nfu. Front Sidcs Rcar 1313.f 3'/ 6' 20' Kao' t^rasupingLDf Rctai ning \\ral I Hcigl S I'arking ivlinjmum u f, e' ? e/{a Encloscd 4 €HU-?rpal ILQ"'bt)Caragc Crcdit unYcway Conrplics rvith TOV Liglring Ordinalcc Arc finishcd gradcs lcss than 2:l (50%) Enrironnt cn t a L/FIazards l)PcrccnrSlop.(;>iOZ) %J 2) Floodplain t,Jo 3) Wctlands 5) Gcologic Hazards a) Snorv Avalanchc b) Rockfall c) Dcbris Flol' ,1 Prcvious conditions of approval (cbcck propcrry filcL_A/O nquir..t ltoare3 6oo)@(eoo).(r2oo) Pcrmitrcd Slopc 6 ,"Proposcd Slopc .-92" vcs---{ No Ycs--X No ls thc propcrry non-conformingf OcscriUc: fA,)O DESICN REVIElY CIIECKLIST Projcct: Q SURVEY Scalc Bcnchmark Lcgal dcscription Lot Sizc Buildablc Arca F q sgJ6gn 15 Topography 100 1r. flood plain lVatcr Coursc Sctback En vironmen tal Hazrrds Trees r- Utiliry locatioJfi,., .., .v Spol clcvations ; Q FLOORPLA}.IS Scalc ::i.i" '..:.,rr'6r' GRFA .\+I e, ; 250 addirionat GRFA ..__ Crarvl\Atticspacc .c t. Q SITEPLAN .-j$. )catc R BUILDINC ELEVATIONS t:' r' Scalc ColorMatcrials Roof Pitch Elisting trccs Proposcd bccs Lcgcnd IJ d E ^,'&u,' '.h.t* { i-- Building Height Encroachmcnts Sctbacks EavcVOvcrhangs (4) , t DcckVElalconics , . , -- Gangc conncction Sitc Gradc\Slopc r .,, . Rctaining Wallj . ,' . F ""':' t rclrccs .- t {J j. : Parking/Garagc sitc covcrage ...it. t'. MISCELLANEOUS ?,:, - Coglo,Apqroval - 'r. Tirlc.5po-rt (A & B) . "'-jJ Pbotos of sitc {.: .' ( 5.rr- r..r r$_!. Buil ding matcrial samplcs C.O. Vcrification Sun\Shadc Anglcs Utiliti cs (undcrgroun d) ,a. Vicrv Corridors l '..., Varianccs rt Plat rcstricfions '-1 t:1 ;',';) -gl F.b! Dddidqr'$s' ij ; \, cL{-' i,t. ' }ri ' r. rrtt-'.rrt$FQ{flI{acccss and gradc) L-Alyqfry'5itT,.,. *, Description of the Request: Application for Design Review Deoartment of Cornmunity Development ZS So,rttt Frontage Road, Vail, Colora& 81657 tel: 970.479.2139 fax]. 97O.479'2452 web: www. vailgov.com General lnformation: Al proiects requiring design review must receve approval prior to submitting a building pemit application' Ple*e refer to the subnittal requirements for the particub, "pp.*"t that is requcted. An application for Design Review canr't be mpted until all requlr€d information is recevJ by the cornmunity Development Department' The prolrct may abo need to o"'r.iio r"O by the Toryn Co,rrcil and/or the Pbnning and Environmental Commbsbn' Des|gnrev|ewapprova||ap.'oaun|ecsabulld|ngp"''''ttt.lrsuedandconstructloncommonce3w|th|n one year of the approval. Locataon of the ProPosat: Lot: A Btod:grtiiNrlion' -TLE Va.l)q Pts+4sc 5 Physlcaf Address: lG4l BorezuL ce*w- en' Parcef No.: ) loTtZt-O5OoG--- (Contact Eagb Co' Assessor at 970-32&8&10 for parcel no') Zoning: Name(s)of owner(s): Ls&le * firnrtftorn Mailing Addreas: O*nc(s) Signature(s): Oz;' ' c.' ' **a U' Nameof Appllcant: .'>C6ff -n z^rrpsEED, ArA Maillng Address: Phone: 4+'o.zq.+oqs p"rt Qqs.+tq.+o59 $50 Phls $1.00 per sqLse foot of total sign area' No Fee $650 For corBtructlon of a new building or demo/rebuild' $300 For an addition where square footagp is added to any residential or @mmercial buildirlg (inclu&s 250 additions & interid conveFbns)' $250 For minor changes to buildings and site improvements' such as' reroofing, painting, windorrr additiorE, bndscapirE' fences and retalning walls, etc' $2o Fa minor ch*qes b buiHings and slte improvements' strch €F' reroofing, painting, window additions, landscaping' fenc€s ard retaining walb, etc. $20 for rerrEirrs to plarE already apprwed by Pbnning S:tafi or the Design Revkry 8oard. No Fee o f d I o p o c9 E-mail Address: Ss'faia € c'rcstella:ile ' nc'f Type of Review and Fee: . Sigrs . Conceptual Review . New Construclion . Addit'on . Minor Alteration (multi-family/commerclal) . Minor Alteration (sl ngle-family/duplex) . Clang€s to Approved Pbns . Separatbn Reqrcst For Office Use OnlY: FeeFai<l:0.f- lvl€eting Date: ched<No.: gt6 ", 5 o tl 3y, ******* * *********** ** * * * * ******,i,i,F,l********** ******* ****** * + * + +:; **:!****** ** * ** * * * ** ***** * * * {. TOWN OF VAIL, COLORADO Statement '! * * * * **** ** *+* * * t**********++*** ** * ***++++*+ *********+* + * * * * *'i'I,n**'F,F**** **,f.frf:t:f:f:f*:f:r*******f Statement. Nudber: ROsOOO0855 Amount: $550.00 05/L6/20O5L0:08 AM Pa)ment Method: Check rniE: r.TS Notation: 8663 /SCOTT TIJRNIPSEED Permit No: DR8050258 Tl4)e: DRB - New Construction Parcel No: 2tO3-122-0500-5 Site Address: 1631 BUFFEHR CREEK RD VAIL I,ocaIion: 1.631 BUFFEHR CREEK RD Total Fees: $650.00 This Payment: $650.00 Total ALL Pmtss: $650.00 Balance: $0.00 * * * * ******* * * *{. * * ** ******* ** ** * * ACCOUNT ITEM LIST: Account Code DR 00100 003 tt2200 DESIGN REVIEW FEES DeE cript ion Current Pmts 650.00 Jul O1 O5 O8:23a Flicie Dav i s -Lypps 97034S7055 p.1 PROPOSED MATERIALS Type of Material CU=\/:)Ar\ Au'*r. C \-,t / <- t=-'.c).+'/t- r < €Fa A/l- 1R-o # Co € P{d'/'e- <oPeE/?- 9Tb \-r e F' oFJe tJOP< qTo\'rEi be*wt.r /F€,\de c$t9Fq- < e' O (>€)i2- co (? {2 e'rZ- +ToFg Color \...-J OO D s' €:e C.-r-(- S rt€T llotes: Plece speciff the manufucturers name, the color name and nutnb€r and attach a color chip. 5A u4101' 8131 Building llaterials Roof Siding Other Wall Materials F6caa Soffits Wndours WindowTrim Doors DorTrim Hand or oeck Raib Flues Flashing Chimnep Tr6h EndGUr€s Greenhouses Rataining Wdb Exterior Lighting Other C € r: Ar"- ntD \J € c vv)&/L b rUo.^r J C eY)'Ar1-b,CO r-r r-Y Ar- .., rt , ( t-C-D gFFr^- 6 r!-€=FDJ C g:o*rt-PI4.O\^J r-/ c.*ee C' CL t=t$ e4_-D'.rP b4r) \',J FJ tuoe 6 of 12104101104 FTAUM RESIDENCE T63I BUFFEHR CREEK ROAD TOT A OF THE VAITEY PHASE 5 TOWN OF VAIt EAGTE COUNIY, COTORADO 2XI2 SIDING WITH CHINKED JOINT HAND HEWN CEDAR W]TH AGING CHEMICAL WOOD FASCIA AND TRIM ROUGH SAWN CEDAR WITH AGING CHEA4ICAL STONE VENEER OPTION I wtNDow cotoR o/u.t- | Queen Anne's Lace flo Poclb Wndows: Soge Green ::P*:,"I'Jffiri*# 1l€CqitolSreet,Suib2ll POBor3388 Eagh,Colondo 81631 t9703283900 t9703283901 L 82 OPTION 2 wwru.tumfheadaia.can Sierra Pacific Windows Clad Color Chart The samples shown below are representative of Sierra Pacific Windows' exterior clad colors. They are not actual samples. Consult your Sierra Pacitlc Windows' representative for an actual sample, and for intbrmation on our "Standard" and "Heritage Collection" colors. Custom colors are available upon request. Clad finishes meet AAMA 2604 specifications. SreNpnno White Sandstone HeRrrncB Cor-lncrroN B ronze Linen Weathered Bro Sierra Pacific Windows Telephone: l-800-824-7744 Website: www.sierrapacificwindows.com E-mail: windows@spi-ind.com SUSTAINABLE FORESTRY INITIATIVE" Slate Blue Gull Gray Harvest Cranbeny Suge Green Ever-ureen Brown Black Green Clay Moss Weathered Brown o 2003 FLAUM RESIDENCE 163I BUFFEHR CREEK ROAD LOT A OF THE VALLEY PHASE 5 TOWN OF VAIL EAGLE COUNTY, COLORADO CEILING MOUNTED OUTDOOR LIGHTING FIXTURE Width: 14 3L" Height: 27" Wottoge: 5-60 wott condelobro bulbs Amherst Collection 27" High Outdoor Honging Lontern '.,'y'94 '-n I IJ Scott S. TurniPseed, AIA rgrEdE d.EtttElliitio 0.6{l P.O. Box 3388 Eogle, CO 81631 t970.328.3900 l:970.328.3901 I l,l3 Copitol Streel, Suite 2l I wuruv,fumipheodoio.com LAUM RESIDENC I63I BUFFEHR CREEK ROAD LOT A OF THE VALLEY PHASE 5 TOWN OF VAIL EAGLE COUNTY, COLORADO WALL MOUNTED OUTDOOR LIGHTING FIXTURE Width: 12" Height: 28" Wottoge: 4-60 wott condelobro bulbs Amherst Collection Outdoor 28" High Woll Lontern Scott S. Turnroseed. AIA ru t51,1i ctg\alr lflrio t*f P.O. Box3388 Eogle. CO 81631 1i97O.328.390O f:970.328.3901 I ,l43 Copilol Streel, Suite 2l I www.turnioheodoio.com Jul Ol O5 O9:54a Hl icia Davis-Lypps 7101 W€g Yale Avenue No 601 Oenve( Colorado 80227 303.986.6658 s?0349?O55 p.2 R. J. lrish Consulting Engineering Geologist, Inc. April 21, 2005 SCOTTS. TURNIPSEEDA. I. A. P. O. Box 1902 Crested Butte, CO 81224 Attn.: Alicia Davis-Lypps Re: Engr. Geologic Hazards Investigation, Homesite at 1631 Buffehr creek Road' Vail, Colorado. Job No.606 Gentlemen: ln response to a request by your Alicia Davis-Lypps, ,ry9 !a-v-e. studied geologic conditions iertinent to Lot'A of SOO No. 34 (also known'as 1631 Buffehr Creek Road) in Vait, Colorbdo. The property is on the northwestern slope of th9 Gole Creek Valley adjacent to the northw"StJtn tiO" of Buffehr Creek Road about 1'6 miles west of the oirgi".i Vaif exit from tnterstaf Highway l-70, and about a third of a mile northeast of eu*enr Creek, a triUutary ol eore 6reeti. lt lies within the SW1/4 N /1/4 NE1/4 NW % sec. 12, T. 5 S., R. 81 w. (Fig.1). The site lies on the northwestern side of a nanow' southwest-trending valley "bpirat a from the floor of the Gore Creek Valley by the narrow, southwest-trenJing, b0O+oot high Lion's Ridge. At tl Ls site the floor of the secondiry valley is aOout dtiQ feet in ebfation above th! floor of the Gore Creek Valley' Lot A is about 150 feet wide along Buffehr Creek Road, and extends up the slop-e on the northeastem side about 170 teet]tnis slope is relatively steep, on the order of 2:1 ifiori.. to vert.). lt is vegetated by wild grasses, short brush and scattered aspen' some of rni"n have trunks that are as large as I inches in diameter' our objectives have been to generally outline geologic conditions across that lot and vioinity in order to detirmine -wn*tei those -conditions might promote (or have prom6t"Oy any actual oipotential geologic hazards, such as debris lows, landslides' and iock slides, that could 'pose a iisf to the construction and utilization of the home propo.eO for constructiori on this site. Conversely, we wjll assess the probable impacts bf ift" proposed construction activities on the geologic environment there. We understand ifrat a mutti-siory, single family residence G to be constructed on this lot' During the course of our work we have researched published and open file geologic map" peiinent to the stuOy site and vicinity, as well as r9p-ort1 in our own files; iteieodcopically studied aeriit pfrotographs provided by the U.. S' Forest Service, and geofogically reionnoitered the site and vicinity (on April 20,2005I SITE GEOLOGIC CONDITIONS sedimentary rock strata of the Pennsylvanian-age (abo.ut 290 to 325 million years ago) MintJrn iormation constitute bedrock beneath the northwestern slope of the Gore Consultanl to Des,gners, Contractors, Planners Jul O1 O5 O9:55a Rlicia Davis-Lypps g?o3497055 p.3 R. J. lrish Consulting Engineering Geologist, Inc. Creek Valley through the Town of Vail sector of the valley, thus beneath Lot A and vicinity as wilt. Thise strata include interbedded sandstones and shales with scattered limestone beds. These range from thin to thick bedded, and appear to dip about 20o northwestward into the ridgeilope. For the most part their joints are widely spaced, on the order of 5 to 15 feet. -We found no evidence of faulting within the property or in the vicinity. Several narrow ledges of Minturn sandstone ranging from a fewfeet to as much as tS teet high trend norffr6astward across the northwestern slope of the Gore Creek Vatley. The liwesi of these lie at an elevation fully 600 to 800 feet up slope from Lot A' The Minturn strata do not crop out within the proper$, but typicatly the sandstones are fine to coarse grained, moderately well cemented (by calcite and iron oxide) and have low intergraniular permeability. - Their unconfined compressive (Uc) strength typically is on tfie order of 2,000 pii to 10,000 psi. The.shales,are fissile and weak rir'ainty, Uut some are strengthened'by impregnatidn by calcium carborrate (calcite). Their Uc strengths, consequently' typically range from about 500 psito 2'000 psi' Soils ubiquitously blanket the Minturn bedrock across the property and vicinity. These appear to be mainly poorly bedded, soft to medium stiff, sandy clays, and loose to dense, liayey sanOs thit'are -gravelly, cobbley, and bouldery (mainly hard, strong sandsione de-bris), Derived as siopewash and residual soils, these probably range from S feet to 15 feet tiricf within Lot A. The sandstones probably are weathering-weakened to a depth of a few inches to 5 feet, whereas the shales, much more sUsceptible to weathering, may be weathering-weakened to a depth of,lqfe-91!o 20.feet' Typicalfy both rocf iipes, fresh or weath6red, are ripable witli a D-9 "Cat" fitted with a single-tooth ripper. ASSESSMENT OF GEOLOGIC HAZARDS With the exception of a rock fall hazard, the risk of which we assess to be lowl, geologic conditions pertinent to Lot A appear to be relatively benign. Sandstone crops out as 2 long, nanow, S'foot to 20-foot high bluffs about 600 and 800 feet in etevation above Lot A]and as several small outcrops scattered across the slope downhill from those main outcrops, but none of these seem to have been active generators of rock falls or slides for many years. The few rock blocks that have traveled irore than a few hundred feet down the slope from the ledges typically are almost completely buried by slopewash soils. This evidences considerable antiquity Jor those blocks. Mbreover, tne rofk masses appear to be relatively tightly wedged together along their widely spaoed joints, thus do not evidence incipient failures. .ln time, freeze/lhaw action will inO'uce rott< tatis from these ledges, but the rock fall history of the Vail area suggests that such occurences are few and far (in time) between. lmportantly, masses that have broken loose from the ledges tend to be slabby and angulai, thus have been inhibited in their travel down slope by their shape, and further I Our assessments of geology-related risk are purposely couched in qualitative, empirically-derived tenis (hi6fi, medium, and low)- The state of the geologic art does not permit a rational quantitative analysis, JUI Ol OS O9:55a Hl icia Davis-LyFps 9?O3,'+S?055 p.1 Fl. J. lrish Consulting Engineering Geologist, Inc' impeded by the commonly dense brush growing on the mountainside down slope from th6 Udges. Other slabs ind blocks that may, in time, break away from the ledges are likely to have a similar experience at least during the life of this project. We conclude thatihe rock fall risk for the planned residence is low for the next 100 years, medium for the next 500 years, but high for the next 1000 years. Each of those risk levels, however, could be ameliorated by pioper attention to the ledges. That is to say, the ledges should be examined every 10 yeari or so. Slabs and blocks that appear to have been loosened in that time shoutd be OisloOgeO with care and placed carefully into a stable position on the slope immediately down hill from the ledge. As the ledges lie within U. S. Forest Service land, that agbncy will need to be consulted on this mafter before any aclion is taken. As it is to their benefit, too, to prevent or control rock falls from those ledges (they could be responsible for damages incurred), they should not be recalcitrant on this matter. According to the u. s. Geologicat survey, Lot A is polentially su_bie9t_ to earthquake4enerlted, interpreted, probabalistic peak ground accelerations of 0'05g'' with a 1006 probability of exceedance for a SGyear period. No landslides were evldent across the property for at least a mile up slope, and the closest debris fan is sited no closer than about 350 feet to the northeast. Debris flows that from time to time will continue to build this fan, but should not invade Lot A lf cut slopes in excess of 5 feet high are required to create a building pad on ihe lot, or an ac@ss driveway to it, these cut slopes should be buftressed either by soil nails or rock bolts, or by largL blocks of granitic rock. This is important because the slope is steep and the relatively thick soils there are not expected to be well consolidated. A small, shallow ravine that heads only about 200 feet in elevation up slope from the building envelope periodicalty carries, we expect, at least small quantities of rain and snowmelt run-off. This ravine trends down across the northeastem side of the planned building envelope. Conseguently, we suggest that you plan to confine that water in a channel constructed between Lot A and the neighboring Lot B. In the absence of that channel, a building on Lot A could be flooded. Othenrise, so long as the construction of the planned dwelling does not materially change the existing ground conditions (and this should be avoidable), the stability of lhe existing soils and/or bedrock at this site should not be impaired. The conslruction as planned shoutd not increase the geology-related hazards to other property or structures, or to public buildings, roads, streets, rights-of-way, easements, utilities, or facilities. We have appreciated the opportunity to work with you on this project. lf you have any questions, however, or would like to discuss any aspects of our report, please call. yq{s truly, _ f\UJ&h",*yd Robt. Jambd lrish, P. G. Consulting Engineering Geologist Jul O1 OS O9:55a HI icia Davis-Lspps Fig.l: Site Location MaP, LotA,1631 s?o3i+s?o55 Buffehr Greek Road, Vail, Colorado- Job No.606 p.5 i' ii: .l .,,,',, \'i is$.ffi*. liffi'lt ., \,-,i:'i ij\. i':,,it: i+,titi;)Liiit ,",l; 'u1={4lj+ rlffi]ffi r,r,'t ((1 "(+i:ii-ti-4;1' ;' 1.' ;I irf;i:(iii$^ $.i*l,1 ;:ffi., Status: Z Approved Colruutuw DEVELopMENT Rourtruc Fonu I Approved with conditions fi Denied Routed To:Mike Vaughn, FIRE Date Routed:06127t05 Routed By:Warren Campbell Date Due:07to6t05 Description of work:Final Review of new home Address:1631 Buffehr Creek Road Leqal:Lot: lA IBlock:Subdivision:The Valley Phase 5 Comments:Date Reviewed= 6130124 Need additional review by Fire area needs to be 12' min. Stamoed PE drawino for walls over 4'. No walls over 6'. Construction & staoinq plan. Writen aporovel for construction in utilitv easment. 4'from front of retaininq wall to back of retaininq wall. Atl to be 2:1 . ProjectName: FLAUMNEWCONSTRUCnON DRBNumber: DR8050161 Proiect Description; CONCEPTUAL FOR NEW CONSTRUCNON Participants: owNER FLAUM, RONNAJ. 041221200s PO BOX 3117 VAIL co 816s8 APPUCANT SCOTT TURNIPSEED, AIA, ARCH,04/22I2005 PO BOX 3388 EAGLE co 81631 Proiect Address: 1631 BUFFEHR CREEK RD VAIL Location: 1631 BUFFEHR CREEK RD Legal Description! Loe A Block: Subdivislon: VALLEY (SUB) PHASE V, TH Parcel Number: 2103-122-0500-6 Comments: BOARD/STAFF ACTION Action: CONCEPT C.onditions: Cond: 200 A conceptual review is NOT a Design Review Board approval, Planner: Waren Campbell 6) T0l4il{ 0FVttILV Description of the Request: Application for Design Review Department of Cornmunity Development - ZS So,rtn Fmntage Rmd, Vail, Cobrado 81657 tef : 970.479.2139 faxr. 970.479'2452 web: wwwva llgov.com General Information: All projects r€quirlng deoign review must recei\€ approval prior to submitting a hrildlng permit application' Pl€6e refer to the subrnittal requlremenb for the particubr "pp.oi Gt s t q,r."t"o. An application for Elesign Revbvv cannot be accepted untll all requlred information b f"thr"d Uy tn" e.ott'nity D€^/slopment Ctepartment' The projal may abo n€€d to o" Jt r.a by the Tourn Councit anOlor the F'lanning and Erwironmental Commission' D€slgn rovlew approval lao3.[ unteg: a bulldlng p".ttt t" lscued and constructlon commences wlthln one year of the aPProval' Locataon of the ProPosal: Lot:Block: #t \,I -I1 w :l e).-) t f.^y o vl o ':*r $ \ na o$lo (l (Contet Eagle Co. Assessor at 97G32&8640 for parel no') Physical Address: Parcel ilo.rZl03 Zoning: Name(s)of Owner(s): C-d\sklE { .T|''n fL{Aurrt llalling Addrass: €mcr(s) Signature(s): Name of Applicant: Maillng Addreas: Phone: Fax. .i -l rJ, ? ') t!, .f .j o I At rc-rl\ E-mail Address: Type of Review and Fee: . Signs 96.*&rffi:lslH . Nerv Cor}sfructfirn . Addit'ron . Minor Alteration (multi-f amllY/cornmercial) . Minor Alteratlon (singteftnily/duPlex) . Ctanges to Appro\ied PtarB . Separation Reql€st $50 Phls $1.00 per sqEr€ foot of total slgn ar€' No Fee $660 For corBtruction of a new building d demo/rebuild' i3OO Fr an additbn where square footage b added to any resilential or osnmercbl building (inctud€s 250 additions & Interior conversiotts)' $250 Fa minor changes b buildlngs and site improvernents' sucn 6' reroofing, patnting' wirdow additions, landscaping' fence and retaining walb, etc. $20 For min6r dranges to buiHings and she impro\ternents' srch e' retoofing, painting, window addltiors, landscaping' fenc6 ard retaining walb, etc. $20 pa revEOns to plans already approved by Ptanning Staff or the Desln Renrlew Berd' No Fee t l{'T For Offlce Use OnlY: S- ffiY Department of Community Development 75 South Frontage Road Vail, Colorado 81657 970-479-2I38 F/lX 970-479-2452 wwwvailgov.com Scott Turnipseed PO Box 3388 Eagle, CO 81631 May 2,2005 Re: New residence with EHU located at 1631 Buffehr Creek Road/Lot A, The Valley Phase V Mr. Tumipseed, This letter is being sent to convey several comments I have regarding your application to construct a new residence with an Employee Housing Unit (EHU). a a The residence will be required to fire sprinkered and have a monitored fire alarm. All Code required parking spaces shall be designated on the site plan. (9'X19' surface and 8'X19'enclosed) Show a limits of disturbance fence and erosion control/rock fence on the site plan. All disturbed grades shall be retumed to a slope no greater than 2:1 per Town of Vail standards. Show all top-of-wall and bottom-of-wall elevations for all retaining walls. No retaining wall within the front setback shall exceed three feet and in no case shall a retaining wall exceed six feet in height. Provide a landscape plan which includes a table containing quantity, species, and size. Show snow storage on the site plan. Snow storage area must equal 30olo of the driveway area if unheated and 10% if heated. No landscaping other than grass shall occur in snow storage areas. Provide a stamped survey. All crawl spaces shall be marked to identify that they are not to exceed 5 feet in height and have access through an opening of 12 square feet or less. The garage space for the EHU must have a wall separating the space from those for the primary residence. Please provide detailed plans which confirm no vaulted areas are of 15 feet 1 1 inches in height. Please label spaces which are not labeled around the EHU that do not have access on the floor plan? a a a a $*""o*ro"" ' Please provide a roof plan showing ridge elevations over top of the surveyed contours in order for staff to calculate height.r The analysis of the lowest level below grade deduction was performed inconectly. The analysis is done from the exterior wall not the wall separating the crawlspa"li frot livable space. Please recalculate. Also on the elevations please show the line of existing grade, finished grade, and the areas on each wall plane within the worse of the two lines' ln short I need to see your math on how you calculated the areas bellow grade. Please review these comments and if you have any questions regarding this letter please contact me at 970-479-2149. Senior Planner Cc: File Department of Community Development 75 South Frontage Road Vail, Colorado 81657 970-479-2138 FAX 970-479-2452 www.vailgov.com Scott Turnipseed PO Box 3388 Eagle, CO 81631 May 16, 2005 Re: New residence with EHU located at 1631 Buffehr Creek Road/Lot A, The Valley Phase V Mr. Turnipseed, This letter is being sent to convey several comments I have regarding your application to construct a new residence with an Employee Housing Unit (EHU). The comments in italics where made by the DRB at the May 4, 2005, meeting. r The residence will be required to be fire sprinkered and have a monitored fire alarm.. All Code required parking spaces shall be designated on the site plan. (9'X19' surface and 8'X19'enclosed)o Show a limits of disturbance fence and erosion control/rock fence on the site plan.. All disturbed grades shall be returned to a slope no greater than 2:1 per Town of Vail standards.. Show all top-of-wall and bottom-of-wall elevations for all retaining walls. No retaining wall within the front setback shall exceed three feet and in no case shall a retaining wall exceed six feet in height.e Provide a landscape plan which includes a table containing quantity, species, and size.. Show snow storage on the site plan. Snow storage area must equal 30% of the driveway area if unheated and 10o/o if heated. No landscaping other than grass shall occur in snow storage areas. lf driveway is heated please show location of boiler on site and how it is screened.r Provide a stamped survey.r All crawl spaces shall be marked to identify that they are not to exceed 5 feet in height and have access through an opening of 12 square feet or less.o The garage space for the EHU must have a wall separating the space from those for the primary residence.r Please provide detailed plans which confirm no vaulted areas are of 15 feet 1 1 inches in height. ft ^""r.u, "rr"^ . Please label spaces which are not labeled around the EHU that do not have access on the floor plan? They must be constructed of structural roofing trusses so has to eliminate future illegal conversion of the spaces.r Please provide a roof plan showing ridge elevations over top of the surveyed contours in order for staff to calculate height.o The analysis of the lowest level below grade deduction was performed incorrectly. The analysis is done from the exterior wall not the wall separating the crawlspace from livable space. Please recalculate. Also on the elevations please show the line of existing grade, finished grade, and the areas on each wall plane within the worse of the two lines. In short I need to see your math on how you calculated the areas bellow grade. Recalculate this per our discussrbn last Wednesday May 4.o Redesign the covered porch to amply with the regulations identified in Section 12-15- 3, Definition, Calculations, and Exclusions, Vail Town Code, so as do not have the area count as GRFA.o Examine a possible reduction in stone. Building seerns very "heavy".o Grading is a concern. Examine where drainage is going and whether or not the grading on the western property line is even necessary. lt may be necessary to pull the retaining wall back of the rear of the house to create an area for drainage.o Concem about the steep driveway drop-off down to Buffehr Creek Road. Think about including a barier to protect against accidents.o Provide the environmental geology report for the site. Please review these comments and if you have any questions regarding this letter please contact me at 970-479-2148. Please following the submittal deadline calendar for your hearing date which corresponds to your submittal date. In order to be on the June 15, 2005, DRB agenda you must submit a complete application on May 23,2005. Witf reSards, UAnw Warren Campbell Senior Planner Cc: File CASH DE Receipt fpnds to: Name: by and among Vail(the "Town"). (address, legal Agreement; and Legal Subdivision: Address:Mailing Address:_ F'o.A-x 3lr?Developer: Permit Number: Project Number: lmprovement Completion DEVELOPER IMPROVEMENT AGREEMENT WH ttp Deve,loper, as a condition of for *o ,,Tl{ THIS AGREEMENT, made and entered into this t -day ot ltt necA , 20-Og (the "Develope/'), and the Town of Certificate description, and project number) wishe enter WHEREAS. judgement of the f, forth in the inpletion of certain i nt in the set curity with the approved escrow agent, in the amount of $ 34 5@. I as collileral for the completion of all improvements refenbd to in this Agreement, in the event there is a default under this Agreement by the Developer. NOW THEREFORE, in consideration of the following mutual covenants and agreements, the Developer and the Town agree as follows: 1. The Developer agrees, at its sole cost and expense, to furnish all equipment and materials necessary to perform and complete all improvements referred to in this Agreemenl. The Developer agrees to complete all improvements referred to in this Agreement on or before the -dayol SE?TEttlBH? 1,20-OB The Developer shall complete, in a good workmanlike manner, all improvements refened to in this Agreement, in accordance with all approved plans and specifications filed in the office of the Community Development Department of the Town of Vail, and to do all work incidental thereto according to and in compliance with the following: a. All said work shall be done under the inspection of, and to the satisfaction of, the Town Planner, the Town Engineer, the Town Building Official, or other official from the Town of Vail, as affected by special districts or service districts, as their respective interest may appear, and shall not be deemed F:hdev\FORMS\Permits\Planning\Adminiskalive_Aclions\DlA cash formal_5-16-2007.doc Page 1 of 5 complete until approved and accepted as completed by the Community Development Department and Public Works Department of the Town of Vail.2. To secure and guarantee performance of the obligations as setforth herein, the Developer agrees to provide collateral as follows: A cash deposit account with the Town of Vail, as escrow agent, in the amount of $ 34<eO. e as collateral for the completion of all improvements referred to in this Agreement, in the event there is a default under this Agreement by the Developer. 3. The Developer may at any time substitute the collateral originally set forth above for another form of security or collateral acceptable to the Town to guarantee the faithful completion of those improvements referred to herein in this Agreement and the performance of the terms of this Agreement. Such acceptance by the Town of alternative security or collateral shall be at the Town's sole discretion. 't, 4. The Town shall not, nor shall any officer or employee thereof, be liable or l"n'g"#5f tf"i'll_il3fffi oft cer oi eni[toyeellnqft liabl| for any persons or property injured by reason of the nature of said work, but all of ies.]shall be and tre h"ereby assrmed by the Developer..? The Deplopqr hereby agrees to inder#ip and hold harmlesgthe Town, atrd any of its , agentsigd;brqPloyees against any loSses, claimqpgfataqp., 9f liabilities to which the officers, agentsqqfld;ErqBloyees against any los'ses, claimqp$atrai.Es, or liabilities to which the Town or any gf lt[offtcersaagents or employees may becohe suEjectto, insofar as any such losses, claimsfdafrfa$es orlab,llitieq{or actions in respect thereof) arise out of or are based upon any perforry.nce by Ine D;uef$erftreundbr; andthe Developer shall reimburse the Town for any and ill iegal or other expenses teasonably incurred by the Town in connection with investiryrting .dr defeitdinq any such. lft,claiat damagb, liability or action. This indemnity provisio-n shdll bqin,aSitifir to any othei lian'r'tity which the Developer my have. ._I. T r,' d,, 5.It is mutudlly agreed that the Developer may apply for and the Town may authorize a partial release of the collateral deposited with the Town for each category of improvement after the subject improvement is constructed in compliance with all plans and speciflcations as referenced hereunder and accepted by the Town. Under no condition shall the dollar amount of the collateral that is being held by lhe Town be reduced below the dollar amount necessary to complete all uncompleted improvements referred to in this Agreement. 6. lf the Town determines, at its sole discretion, that any of the improvements referred to in this Agreement are not constructed in compliance with the approved plans and specifications filed in the office of the Community Development Department of the Town of Vail or not accepted by the Town as complete on or before the date set forth in Paragraph 1 of this Agreement, the Town may, but shall not be required to, draw upon the security referred to in this Agreement and complete the uncompleted improvements referred to in this Agreement. Pursuant to Section 12-11-8, Vail Town Code, the Temporary Certificate of Occupancy referred lo in this Agreement may be revoked until all improvements referred to herein are completed by the Developer or the Town in accordance with this Agreement. F:\cdev\FORMS\Permits\Planning\Administrative_Actions\DlA cash format 5- 16-200Z.doc Page 2 of 5 lf the costs of completing the uncompleted improvements referred to in this Agreement exceed the dollar amount of the deposit, the excess, together with interest at twelve percent (12%) per annum, shall be a lien against the property and may be collected by civil suit or may be certified to the treasurer of Eagle County to be collected in the same manner as delinquent ad valorem taxes levied against such property. lf the Developer fails or refuses to complete the improvements referred to in this Agreement, such failure or refusal shall be considered a violation of Title 12 (Zoning Regulations), of the Vail Town Code, and the Developer shall be subject to penalties pursuant to Section 12-3-10 (Violations: Penalties) and Chapter 1-4 (General Penalty), of the Vail Town Code. 7. The Developer shall warranty the work and materials of all improvements refened to in this Agreement localed on Town property or within a Town right-of-way, pursuant to Chapter 8-3, of the Vail Town Code, for a period of two years after the Town's acceptance of said improvements. 8. The parties hereto mutually agree that this Agreement may be amended from time to time, provided that such amendments be in writing and executed by all parties hereto. --- --fA5--- F:\cdev\FORMS\Permits\Planning\Administrative_Aclions\DlA cash format S-16-2007.doc Page 3 of 5 Dated the day and year first above written. STATE OF COLORADO COUNTY OF EAGLE The foregoing Developer lmprovement Agreement was acknowl^edge! before me this 4l\ oiy oi .,tl Witness my hand and official seal. Mycommissionexpires \ / | J/r C Notary Planner t/1 A,{.Ar-L- Notary'Public J NM|(CrrFVll.t t{otqyh.o|b SobclCdo'odo F:\cdev\FORMS\Permits\Planning\Administrative_Actions\DlA cash formal_5-16-2007.doc Page 4 of 5 ATTACHED COPIES OF THE ESTIMATED BID(S) F:\cdev\FoRMs\Permits\PlanninglAdministrative-Actions\DlA cash format-5-16-2007.doc Page 5 of 5 . Mar'04 08 10:56a Whitaker Landscape 9704284417 p.1 ' !t !- !t Y VHITTAKER Lfrtuqtcfu.Pe Derfrr+s, Inc. This is an updated proposal for the work that we need to complete at tlre Flaum residence. Itry'e deleted ftom the original proposal all of the vrork that was completed last fall S incerely, 'Bh u.{SqI--' BitlWhittaker F,0.fu7(r7rrb&Ch. U.ctlrl * Pfr,et+z gr0) FZc-t?LL * F*x: (nD F&r-#ft Mar 04 08 1o:56a Whittaker Landscaoe 970-328-4417 p.2 HITTiLKER 'ca,pe Defltcc.f, Inc. Proposal for work to be done for: Flaum Residence 161r Buffehr Creek Vail, CO Grede work and soil prep Instrll perrnanent automatic irrigation system Install rz5 lf steel edging Install 14 cy cedar shred mutch Plane z - rz' CO Blue Spruce z - r{ CO Blue Spruce z4 - 1" Nursery Aspen at - *5 Shrubs 8tJ sf Perennial bcds 715 sf Bluegrass sod a3oo sf Nativc grass secd February t5, zooS 9r,20o.oo $i168.oo ${4o,oo tr,o5o-oo 5r,yE6.oo $r,792.Oo $5,?60.oo $5,375,oo g4,E9o.oo g7r6.oo $46o.oo ,,, . , ,, Todcg"c fzq,4r.oo AII worh and rn"r.ti"l ""tti f.O.boxF7|/E*qtc,Oo.FtLFt * Plvna-. QTD TZs^6161 * f*x: $7A, ,Zr-4lT Mar.o4 08 10:56a Whittaker Landscape 970-3284417 p,3 HITTAKER ,Lfrlpe Dervrces, ItoL. Getr*ral Contractor to install all irrigation sleeving General Contacror to establish grade within r/roa of final grade General Contractor to install irrigation backflow vellr. GeneraL Contactot to provide power ro icigation c[oc[< l,andscape boulders not inclqded in this proposal Respectfully Submirted,.nbau:D< Bill Whinaker Proposrl acceptrd by: J,eetr eo4Pt&-:ir'|jil to/\, f"1 (s f.0.bw77tfEqle,Co.sltFt * ffwne: (n0 rZf-Lf[I x Tsot: $7il FZC-+4ff Town of Vail Department of Community Development 75 S. Frontage Road Vail, CO 81657 Receipt No. Address:-o Date .5 t Y t Oo Project: Please make checks payable to the TOWN OF VAIL Account No.Item No.Code #Cost Each Total 001 0000 314 1 1 10 Address Maps ZA $s.00 001 0000 3141110 Zoning Maps ZA $20.00 001 0000 319 4400 Custom Maps 001 0000 314 1112 Other Code Books CB 001 0000 3141211 Blue Prints/Mylar Copy Fees BF $7.00 001 0000 314 1111 Xerox Copies XC $0.25 001 0000 314 1111 Master Plan MS 001 0000 314 1111 Studies, Master Plans, etc.MS 001 0000 312 3000 Contractors License Fees CL 001 0000 312 3000 Contractors License Fees - RENEWAL CL 001 0000 240 3300 Davelopor lmp[ov.rnont Agra€ment Deposit D2-DEP10 AD 11.5oD. 001 000r ool 000 110 000 001 000( oor ooot * all iem No spee Comments: Cash_ MoneyOrder#Gheck # I tl Received by: LC /IWc f/cdevlfonns/admin/sales action form 2007 1t5t08 .i " ; op4F c)42 u1 b F-c).rE 4 F o i q D F 7.D o ()E FO !0d E ,ro t o tr ts F F o F ,.2 F(J o FFI z2 FD tn: x 7 F]F vz 50 FE a2 ,o PE o o PF J7 oo o]: o F o F o 2 o F EO 2tn a E l,l F do (,1 <o o F D F F o a z F o :>o c< o tnO !