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HomeMy WebLinkAboutPEC070001• y, Planning and Environmental Commlisson ACTION FORM Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 te1:970.479.2139 fax: 970.479.2452 web: www.vailgov.com Project Name: Lot 11 & 12 A Bighorn 5th Add. PEC Number: PEC070001 Project Description: 81 K-7, FINAL APPROVAL FOR A MINOR SUBDIVISION TO RELOCATE A SHARED PROPERTY LINE BETWEEN LOT 11 AND LOT 12, BLOCK 7, BIGHORN 5TH ADDITION Participants: OWNER MEADOWLARK DEVELOPMENT PARTN01 /15/2007 PO BOX 6605 TYLER TX 75711 APPLICANT MEADOWLARK DEVELOPMENT PARTN01 /15/2007 PO BOX 6605 TYLER TX 75711 Project Address: 4852 MEADOW LN VAIL Location: 4852/4856 MEADOW LANE -111 Legal Description: Lot: 11 Block: 7 Subdivision: BIGHORN 5TH ADDITION Parcel Number: 2101 - 131 - 0401 -0 2101 - 131 - 0401 -1 Comments: See Conditions Motion By: Kjesbo Second By: Bernhardt Vote: 6 -0 -0 Conditions: BOARD /STAFF ACTION Action: APPROVED Date of Approval: 02/12/2007 Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and /or the appropriate review committee(s). Cond:300 PEC approval shall not be not become valid for 20 days following the date of approval. Cond: 113 All development applications submitted to the Town after the effective date of Ordinance 26, Series 2006 shall be subject to the pending employee housing regulations in whatever form they are finally adopted; provided, however, that if the Town fails to adopt the pending employee housing regulations by April 15, 2007, this Ordinance shall not apply to such development applications. Cond: CON0008680 The applicant shall not be permitted to request any varaince subsequent to the approval of tnis plat for Lots 11 and 12, Block 7, Bighorn --)Ln Addition, on the basis that the approved plat created a hardship for developing these lots. Planner: Warren Campbell PEC Fee Paid: $650.00 -1 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 12, 2007 SUBJECT: A request for a final review of an amended final plat, pursuant to Chapter 12- 12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries, Lots 11 and 12, Bighorn Subdivision, located at 4852 and 4856 Meadow Lane, and setting forth details in regard thereto. (PEC07 -0001) Applicant: Meadowlark Development Partners, LLC, represented by Greg Amsden Planner: Warren Campbell SUMMARY The applicants, Meadowlark Development Partners, LLC, represented by Greg Amsden, are requesting approval of an amended final plat, pursuant to Chapter 13- 12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries, Lots 11 and 12, Bighorn Subdivision, located at 4852 and 4856 Meadow lane. The purpose of the proposed plat is to reconfigure the shared property line between Lots 11 and 12 to facilitate the redevelopment of the lots with residential structures. The proposed final plat amendment results in the addition of 1,045 square feet of property to Lot 11 from Lot 12. Staff is recommending approval of this application subject to the findings and criteria outlined in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicants, Meadowlark Development Partners, LLC, represented by Greg Amsden, are requesting to modify the shared property line between Lots 11 and 12two existing lots resulting in two new lots. The reconfiguration of the shared lot line results in Lot 11 increasing in size from 24,960 square feet to 26,005 square feet ( +1,045 s.f) and Lot 12 decreasing in size from 25,352 square feet to 24,307 square feet ( -1,045 s.f.). This purpose of this exchange of property is to facilitate the redevelopment of the two lots. The applicant will be subsequently be proposing a new duplex residence on Lot 11 and new single - family residence on Lot 12. There is an existing structure located on the common property line of Lots 11 and 12 which would be removed to facilitiate this redevelopment. A vicinity map is attached depicting the subject property (Attachment A), as is a reduced copy of the proposed, reconfigured plat (Attachment B). A conceptual set of the proposed site plans are include (Attachment C). III. BACKGROUND Lots 11 and 12, Block 7, Bighorn 5th Addition, were annexed into the Town by Ordinance 20, Series of 1974, which became effective on November 5, 1974. With the exception of several Design Review applications for the structure located on both lots which included a re -roof and deck repair, there has been no significant actions since annexation. The existing structure was constructed on the lots prior to annexation. IV. ROLES OF REVIEWING BOARDS Planning and Environmental Commission: Action: Pursuant to Section 13- 12 -3C, Review and Action on Plat, Vail Town Cod, the Planning and Environmental Commission is responsible for final approval, approval with modifications, or denial of the final plat. Design Review Board: Action: The Design Review Board has no review authority on an exemption plat, but must review any accompanying Design Review Board application. Town Council: The Town Council is the appeals authority for an exemption plat review procedure in accordance with Sub - section 13 -3 -5C, Council May Appeal, Vail Town Code. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. V. APPLICABLE PLANNING DOCUMENTS TITLE 13, VAIL TOWN CODE: SUBDIVISION REGULATIONS (partial) 13 -2 -2 DEFINITIONS EXEMPTION PLAT.• The platting of a portion of land or property that does not fall within the definition of a "subdivision', as contained in this section. 13 -12 EXEMPTION PLAT REVIEW PROCEDURES 13 -12 -1: PURPOSE AND INTENT: VI The purpose of this chapter is to establish criteria and an appropriate review process whereby the planning and environmental commission may grant exemptions from the definition of the term "subdivision" for properties that are determined to fall outside the purpose, purview and intent of chapters 3 and 4 of this title. This process is intended to allow for the platting of property where no additional parcels are created and conformance with applicable provisions of this code has been demonstrated. 13 -12 -2: EXEMPTIONS IN PROCEDURE AND SUBMITTALS: "Exemption Plats"; as defined in section 13 -2 -2 of this title, shall be exempt from requirements related to preliminary plan procedures and submittals. Exemption plat applicants may be required to submit an environmental impact report if required by title 12, chapter 12 of this code. 13 -12 -3: PLAT PROCEDURE AND CRITERIA FOR REVIEW: C. Review And Action On Plat. The planning and environmental commission shall review the plat and associated materials and shall approve, approve with modifications or disapprove the plat within twenty one (21) days of the first public hearing on the exemption plat application or the exemption plat application will be deemed approved. A longer time period for rendering a decision may be granted subject to mutual agreement between the planning and environmental commission and the applicant. The criteria for reviewing the plat shall be as contained in section 13 -3 -4 of this title. SURROUNDING LAND USES AND ZONING VII. SITE ANALYSIS The following is a zoning analysis of Lots 11 and 12, which are proposed to be amended by the proposed application. Lot 11, Block 7, Bighorn 5th Addition Zoning: Primary/Secondary District Land Use Plan Designation: Low Density Residential Current Land Use: Two - Family Duplex Residence Development Standard Allowed Existing Proposed Lot Area: 15,000 s.f. 24,960 s.f. 26,005 s.f. ( +1,045 s.f.) Dimension: Land Use Zoning North: Open Space Agricultural and Open Space East: Residential Primary/Secondary District West: Residential Primary/Secondary District South: Residential Primary/Secondary District VII. SITE ANALYSIS The following is a zoning analysis of Lots 11 and 12, which are proposed to be amended by the proposed application. Lot 11, Block 7, Bighorn 5th Addition Zoning: Primary/Secondary District Land Use Plan Designation: Low Density Residential Current Land Use: Two - Family Duplex Residence Development Standard Allowed Existing Proposed Lot Area: 15,000 s.f. 24,960 s.f. 26,005 s.f. ( +1,045 s.f.) Dimension: 80'X80' min. 85'X85' 901X90' Frontage: 30 ft. min. 88.96 ft. 88.96 ft. M GRFA: NA 7,795 s.f. 7,930 s.f. ( +135 s.f.) Access: The access is taken off of Meadow Lane. Lot 12, Block 7, Bighorn 5th Addition Zoning: Primary/Secondary Land Use Plan Designation: Low Density Residential Current Land Use: Two - Family Duplex Residence Development Standard Allowed Existing Proposed Lot Area: 15,000 s.f. 25,352 s.f. 24,307 s.f. (- 1,045s.f.) Dimension: Frontage: GRFA: Access: 80'X80' min. 100'X100' 100'X100' 30ft. min. 44.04 ft. 44.04 ft. NA 7,846 s.f. 7,709 s.f. (- 137s.f.) The access is taken off of Meadow Lane. Comparison of Proposed Lots 11 and 12 to a selection of other lots in the immediate vicinity within the Bighorn 5th Addition Subdivision Lot Zoning Lot 5 Primary/Secondary Lot 7 Primary/Secondary Lot 8 Primary/Secondary Lot 9 Primary/Secondary Lot 10 Primary/Secondary Lot 13 Primary/Secondary Lot 14 Primary/Secondary Lot 15 Primary/Secondary APPLICATION CRITERIA AND FINDINGS Lot Size GRFA 50,530 s.f. 9,681 s.f. 29,098 s.f. 8,332 s.f. 25,134 s.f. 7,817 s.f. 24,916 s.f. 26,092 7,789 s.f. 7,942 s.f. s.f, 30,318 s.f. 8,469 s.f.� n2� 21,823 s.f. 7,749 s.f. o(J 23,261 s.f. 7,574 s.f. �J The purpose section of Title 13, Subdivision Regulations, is intended to ensure that the proposed subdivision is promoting the health, safety and welfare of the community. The criteria for reviewing an exemption plat shall be as contained in section 13 -3 -4 of this title which are as follows: (1) The extent to which the proposed subdivision is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; and Staff Response: Staff has reviewed the proposed final plat and found it to be in compliance with all applicable elements of Vail Comprehensive Plan. (2) The extent to which the proposed subdivision complies with all of the standards of this Title, as well as, but not limited to, Title 12, Zoning 4 Regulations and other pertinent regulations that the Planning and Environmental Commission deems applicable; and Staff Response: Staff has reviewed the proposed final plat and found that all submittal documents were received and the resulting lots will comply with all applicable portions of the Town of Vail Zoning Code. (3) The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives, and Staff Response: The proposed final plat modifying the shared property line between Lots 11 and 12 will not negatively affect the workable relationship among land uses as the proposal will maintain the current land uses, low density residential. (4) The extent of the effects on the future development of the surrounding area; and Staff Response: The proposed final plat modifying the shared property line between Lots 11 and 12 will not negatively affect the future development of the surrounding area. (5) The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development, and Staff Response: The proposed final plat modifying the shared property line between Lots 11 and 12 will not negatively affect the elements identified in the above criterion. (6) The extent to which the utility lines are sized to serve the planned ultimate population. of the service area to avoid future land disruption to upgrade under -sized lines, and Staff Response: The proposed final plat modifying the shared property line between Lots 11 and 12 will not affect the currently level of utility service required in the vicinity. (7) The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole; and Staff Response: Staff believes the proposed final plat to modify the shared property line between Lots 11 and 12 will continue to allow for the orderly growth of the community and serves the interests of the community as the owner of the lots will be able to replace a legal non- conforming structure with two new structures which will comply with the Town's adopted regulations. IX. (8) The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, . water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features, and Staff Response: Staff does not believe the proposed final plat to modify the shared property line between Lots 11 and 12 will result in any adverse impacts to any of the items listed in the above criterion. (9) Such other factors and criteria as the Commission and /or Council deem applicable to the proposed subdivision. B. Necessary Findings: Before, recommending and /or granting an approval of an application for a major subdivision, the Planning and Environmental Commission shall make the following findings with respect to the proposed major subdivision: (1) That the subdivision is in compliance with the criteria listed in Subsection 13 -3 -4A, Vail Town Code; and (2) That the subdivision is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and (3) That the subdivision is compatible with and suitable to adjacent uses and appropriate for the surrounding areas, and (4) That the subdivision promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approves a final plat pursuant to Chapter 13 -12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries, Lots 11 and 12, Bighorn Subdivision, located at 4852 and 4856 Meadow Lane, subject to the following conditions: Should the Planning and Environmental Commission choose to approve the final plat, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission approves the applicant's request for a final plat, pursuant to Chapter 13 -12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries, Lots 11 and 12, Bighorn Subdivision, located at 4852 and 4856 Meadow Lane, and setting forth details in regard thereto.." M PC Should the Planning and Environmental Commission choose to approve the final plat, the Community Development Department recommends the Commission makes the following findings: "The Planning and Environmental Commission finds: (1) That the subdivision is in compliance with the criteria listed in Sub - section 13 -3 -4A, Vail Town Code; and (2) That the subdivision is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; and (3) That the subdivision is compatible with and suitable to adjacent uses and appropriate for the surrounding areas, and (4) That the subdivision promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. X. ATTACHMENTS A. Vicinity Map B. Copy of the proposed final plat C. Proposed site plan of new structures D. Public Notice p tS VICINITY MAP GALE. I IOW PaAt a SECnOx 11. L— d ­­ . m eE9' ern Pu. rt WW CD IM` 11, UNPLATTED (U.S. FOREST SERVICE) f\ \ Untln �xECWEVnoxExe�Mi ouwox'��� In A 17/ - A!" xU4 1. AMENDED FINAL PLAT BIGHORN SUBDIVISION, FIFTH ADDITION A RESUBDIVISION OF LOTS I I & 12, BLOCK 7 TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO C.rdnuu If O.du,lan'w am hip F m .m en by anae pnaeva Md Meadovlerh Oe N A. Pdf LLC,atlaalW I nail Sa I, V..E . dIxaYn'. all Bents al Amarka NA. as mdtgax a1 aN MalrxldMem abatedb MaTwm al V.A. Eepe Wunry. CobrsM exnbee as nbwa: BMMm 9Wdvabn. FMn Panp, Lob L 16I; Blatt 1 qr Me pbr -ad" ..,dee November Zd. t9p6 M Gee 2. OMwer I unMr Pegpbn Na, fp.p021n tln ask. d pn Eege WvdY DIeM W nemMer. bbaFa efalMlwn an MY Mp pi It Mu+oeNme mmeeeM etYb d ablaut pl,eel,M eWRrleee eb xne XMO da artl bnam 9ddNbbn. FAM ACCAbn A nxweiwbnd Lpe Ie 612. 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L � p��Ar1 raeA^ roLw 5 �-c X8554 SITE PLAN V . 20 '-0" Z • • • - ... -.If.' %tie' 4 . �!'� ��... !1:•/. -. !Ci6i ■�i�. i r.� =�j�� mup • L � p��Ar1 raeA^ roLw 5 �-c X8554 SITE PLAN V . 20 '-0" Z TOWN OF PAIL THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12 -3 -6, Vail Town Code, on February 12, 2007, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a final review of an amended final plat, pursuant to Chapter 12 -12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries, Lots 11 and 12, Bighorn Subdivision, located at 4852 and 4856 Meadow Lane, and setting forth details in regard thereto. (PEC07 -0001) Applicant: Meadowlark Development Partners, LLC, represented by Greg Amsden Planner: Warren Campbell A request for a final review of a variance, from Section 12 -6D -6, Setbacks, Vail Town Code, pursuant to Chapter 12 -17, Variances, to allow for a new single family residence within the front and side setbacks, located at 1895 West Gore Creek Drive /Lot 26, Block 2, Vail Village West Filing 2, and setting forth details in regard thereto. (PEC07 -0002) Applicant: Nancy Hassett, represented by Miramonti Architect PC Planner: Bill Gibson A request for a final review of an appeal of an administrative action, pursuant to Section 12 -3 -3B, Appeal of Administrative Actions, Vail Town Code, appealing a determination made by the Zoning Administrator that for zoning purposes Condominium Unit E, Covered Bridge Building shall be considered the "first floor or street level" of the building, located at 227 Bridge Street/Lot C and D, and the southwesterly four feet of Lot B, Block 5 -B, Vail Village First Filing, and setting forth details in regard thereto. Appellant: Covered Bridge, Inc., represented by Carson, Carson and Dunkelman, LLC Planner: George Ruther The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970 - 479 -2138 for additional information. Sign language interpretation is available upon request, with 24 -hour notification. Please call 970 - 479 -2356, Telephone for the Hearing Impaired, for information. Published January 26, 2007, in the Vail Daily. Attachment D Page 1 Minor Subdivision Review OVAO' Appli cation for Review by the T�OWNPlanning and Environmental Commis [E CC; l ` !'- i 1 Department of Community Development i 75 South Frontage Road, Vail, Colorado 81657 J tel: 970.479.2128 fax: 970.479.2452 ! !� web: www.vailgov.com General Information: TOWN OF JAIL_.___ . .' All projects requiring Planning and Environmental Commission review must receive approva prior o su mi ing a . building permit application. Please refer to the submittal requirements for the particular approval that is requested. An application for Planning and Environmental Commission review cannot be accepted until all required information is received by the Community Development Department. The project may also need to be reviewed by the Town Council and /or the Design Review Board. Type of Application and Fee: • Rezoning $1300 ❑ Conditional Use Permit $650 • Major Subdivision $1500 ❑ Floodplain Modification $400 V Minor Subdivision $650 ❑ Minor Exterior Alteration $650 • Exemption Plat $650 ❑ Major Exterior Alteration $800 • Minor Amendment to an SDD $1000 ❑ Development Plan $1500 • New Special Development District $6000 ❑ Amendment to a Development Plan $250 • Major Amendment to an SDD $6000 ❑ Zoning Code Amendment $1300 • Major Amendment to an SDD $1250 ❑ Variance $500 (no exterior modifications) ❑ Sign Variance L LOT Location of the Proposal: Lot: .1?_Block: Subdivision: ) Physical Address: L awa "lDJ(o H>' kDQg,! �i?7L . . C Parcel No.: =1i'� tN-otL (Contact Eagle Co. Assessor at 970 - 328 -8640 for parcel no.) Zoning:jl-fy "c��CA1 t> Name(s) of Owner(s): t Mailing Address: Phone• Mailing Address: E -mail Address: VCl (. 0(�� Fax S S.2,(, For aid:li se,,l�Qly: a� 4(�- �ary w�, L Fee Paid: ,� Check No.: 0 1� By: � ` Meeting Date: -7 - (Z - O SEC No.: Z C- Planner: Project No.: TOWN OF VAIL, COLORADO Statement Statement Number: R070000043 Amount: $650.00 01/15/200709:43 AM Payment Method: Check Init: JS Notation: 1011 /MEADOWLARK DEV. PARTNERS ----------------------------------------------------------------------------- Permit No: PEC070001 Type: PEC - Minor Subdivision Parcel No: 2101- 131 - 0401 -0 Site Address: 4852 MEADOW LN VAIL Location: 4852/4856 MEADOW LANE Total Fees: $650.00 This Payment: $650.00 Total ALL Pmts: $650.00 Balance: $0.00 ACCOUNT ITEM LIST: Account Code Description Current Pmts -------------- - - - - -- ------------------------ - - - - -- ------ - - - - -- PV 00100003112500 PEC APPLICATION FEES 650.00 utwrr t aTwNAa \ EAWATH � \ LOT 10 aB DIN° I " I - Y$. 4 ` LOT 11 \ IF airs ACRES 4e52 MEADOW LANE \✓fit °Uw�iinN / PHONE PYl UINJTr POLE $� CA � N R0. QLZ 12' CMP \\ s15•lo•00� \\ e7.so' \ rLoaNE OF �t�, DITCH V 46.50' �n \ \ S1510'00'E I.D MIT " V /I \\ \ \ \ LOT 12 ' ieEi9°�AWLANE / u LOCATION OF tawwvuann BROWN HEREON ARE eAe® wa THE / Mawan INDICATED NBNEON. =BOUNDARY eaNOwTr aNO19oNS. EAT2YY /TS AND NNAiIS IX WAY 9NTN1 / NpgON w1E Pp nlE Nano PLAT f°N TWO SUtJECT PNCPFATr. N01CC ACCORDING 1° C a V S YOU UT COMMERCE ANY ACT" GAM UPON N THIS 91RVEY WMIN TNIM YEARS APTpI YOU FIIIST uSWTTa NNA1 °pECT. N NO GRAPHIC SCALE V , (IXfRr) i IPPh . _° f!. \ THAT Tf194 ARE NO ENCROACHMENTS UP401 THE OCSOaEEL PRLw19SS BY YvlgTflp /n ON ANr ADJ°NNIE PNOAIFS. ENLTPr Ay NIaCATE0. AND � TWAT iT191E IE No APPARENT [vfTV1a OR 901 or ANY EA&1/F11T a CN05911F 01 SuNaenNlc ANY PART OF SAID PARCEL EXCEPT ENCEPf AS NOTED. 00 �c Ol o� E- d rCU11D RAN No' b R ®wT \ f1EV. . SSS1.4' [Vdli, YAY ANY MI�TpMT1 1D1A KIX0MM°�PII01 M DATE m 0lTTMKAn°N 9101N IRKMO[°N °� / 1 w E11NAT1 N. EC19A g COLOIIA°0 P.LS N0. 3009 AF d r U z �o o� a °x leAoals • 116.00' � 00.TA .11'17'47' � AMC - 16.01• (� TANGENT .1%66' z 040F1D •24.97' 0 ON • SJO433 w a 0 O THE I N9Yer aumY THAT are 101TOYp1lNT LOCATION C91IM1CATE WAS , PNVAIIm P011 OTEC AYSOOI, n1Ar If IS Nor A Lwro 9AM1[r Pur ANO �a• /' / /' LOT 13 "'"ems, "oli°T°,NeN�n,T�wPNO�r uN� "°"""E"r v PE�J¢ g e I FURTHER CFJIifr TNAr THE NNIOVlIl91n 01 THE ABME DESCRIBED PARCEL ON 7M5 OAIE�s /4°S!� EMQPr UM1rY CCNMF7C11a�S wE q @ISIRY THIN TIIE MEFS 6 THE PARCEL. 8NCt7T AS ?qNN, J \f 0 V 1-- '64'E « «.. SSS1.4' [Vdli, YAY ANY MI�TpMT1 1D1A KIX0MM°�PII01 M DATE m 0lTTMKAn°N 9101N IRKMO[°N °� / 1 w E11NAT1 N. EC19A g COLOIIA°0 P.LS N0. 3009 AF d r U z �o o� a °x leAoals • 116.00' � 00.TA .11'17'47' � AMC - 16.01• (� TANGENT .1%66' z 040F1D •24.97' 0 ON • SJO433 w a 0 O THE I N9Yer aumY THAT are 101TOYp1lNT LOCATION C91IM1CATE WAS , PNVAIIm P011 OTEC AYSOOI, n1Ar If IS Nor A Lwro 9AM1[r Pur ANO �a• /' / /' LOT 13 "'"ems, "oli°T°,NeN�n,T�wPNO�r uN� "°"""E"r v PE�J¢ g e I FURTHER CFJIifr TNAr THE NNIOVlIl91n 01 THE ABME DESCRIBED PARCEL ON 7M5 OAIE�s /4°S!� EMQPr UM1rY CCNMF7C11a�S wE q @ISIRY THIN TIIE MEFS 6 THE PARCEL. 8NCt7T AS ?qNN, J \f 0 V 1-- Page 1 of 5 Amsden -Vail From: <scrouch@ftgc.com> To: <amsden @vail.net> Sent: Tuesday, January 09, 2007 11:47 AM Attach: 50017625- 1 -Misc. pdf Subject: Land Title Delivery (LOTS 11 AND 12, BLOCK 7,BIGHORN SUBDIVISION 5TH A)(our 50017625) r" Linked Commitment Delivery land Title GUARANTEE COMPANY Attached is your Land Title commitment for order number 50017625 in Adobe AcrobatTM format. See the bottom of this email for installation instructions and more details. For your convenience, we have a summary of your commitment below. Notice the links within the document; you can click these links and open the associated image. Any text in the Commitment Summary that has been updated or changed appears in a different color. If you have questions regarding any of the links in this email, please contact Vail Title Dept. by calling 970 - 476 -2251. Commitment Summary - LOTS 11 AND 12, BLOCK 7, BIGHORN SUBDIVISION 5TH ADDITION (50017625) Your Land Title Guarantee Company Contacts: For Title Assistance: Vail Title Dept. 108 S FRONTAGE RD W #203 VAIL, CO 81657 Phone: 970 - 476 -2251 Fax: 970 - 476 -4732 Commitment Delivery Parties: AMSDEN, DAVIS & FOWLER 500 S. FRONTAGE RD. E. SUITE 112 VAIL, CO 81657 Attn: GREGORY AMSDEN Phone: 970 - 476 -8610 1/9/2007 Page 2 of 5 Fax: 970 - 476 -8637 EMail: amsden @vail.net Linked Commitment Delivery Property Address: Lots 11 And 12, Block 7, Bighorn Subdivision 5th Addition Vail, CO 81657 County of Eagle, State of Colorado Legal Description: LOTS 11 AND 12, BLOCK 7, BIGHORN SUBDIVISION, FIFTH ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. Plat Map(s): 5[14.105002 A.P.N.(s): R012121 R012122 Effective Date & Time: December 27, 2006 at 5:00 P.M. Interest: A Fee Simple Seller(s): MEADOWLARK DEVELOPMENT PARTNERS, LLC, A COLORADO LIMITED LIABILITY COMPANY Vesting Deed(s) / (View dates for 24 month Chain of Title): 08 -09 -1977 10 -18 -2006 Buyer(s)/ Borrowers(s): A BUYER TO BE DETERMINED Proposed Insured & Coverages: "ALTA" Owner's Policy 10 -17 -92 $0.00 A BUYER TO BE DETERMINED 1/9/2007 Page 3 of 5 Requirements: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: 1. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED. 2. RELEASE OF DEED OF TRUST DATED OCTOBER 11, 2006 FROM MEADOWLARK DEVELOPMENT PARTNERS, LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF BANK OF AMERICA, NA TO SECURE THE SUM OF $1,240,000.00 RECORDED OCTOBER 18, 2006, UNDER RECEPTION NO. 200628479. SAID DEED OF TRUST WAS FURTHER SECURED IN ASSIGNMENT OF RENTS RECORDED OCTOBER 18, 2006, UNDER RECEPTION NO. 200628480. 3. WARRANTY DEED FROM MEADOWLARK DEVELOPMENT PARTNERS, LLC, A COLORADO LIMITED LIABILITY COMPANY TO A BUYER TO BE DETERMINED CONVEYING SUBJECT PROPERTY. NOTE: OPERATING AGREEMENT FOR MEADOWLARK DEVELOPMENT PARTNERS, LLC, A COLORADO LIMITED LIABILITY COMPANY DISCLOSE(S) CHARLES RUSSELL GORDON AND KIMBERLY GORDON AS THE MEMBERS. NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND /OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. * * * * * * * * ** NOTICE OF FEE CHANGE, EFFECTIVE SEPTEMBER 1, 2002 * * * * * * * * ** Pursuant to Colorado Revised Statute 30 -10 -421, "The county clerk and recorder shall collect a surcharge of $1.00 for each document received for recording or filing in his or her office. The surcharge shall be in addition to any other fees permitted by statute." Exceptions: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records 1/9/2007 Page 4 of 5 or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes or special assessments which are not shown as existing liens by the public records. 7. Liens for unpaid water and sewer charges, if any. 8. In addition, the owner's policy will be subject to the mortgage, if any, noted in Section 1 of Schedule B hereof. 9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 13, 1902, IN BOOK 48 AT PAGE 491._ 10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 13, 1902, IN BOOK 48 AT PAGE 491_. 11. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED NOVEMBER 25, 1966, IN BOOK 175 AT PAGE 445. 12. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED PLAT OF BIGHORN SUBDIVISION, FIFTH ADDITION. NOTE: THE POLICY OF TITLE INSURANCE WILL INCLUDE AN ARBITRATION PROVISION. THE COMPANY OR THE INSURED MAY DEMAND ARBITRATION. ARBITRABLE MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, ANY CONTROVERSY OR CLAIM BETWEEN THE COMPANY AND THE INSURED ARISING OUT OF OR RELATING TO THIS POLICY, ANY SERVICE OF THE COMPANY IN CONNECTION WITH ITS ISSUANCE OR THE BREACH OF A POLICY PROVISION OR OTHER OBLIGATION. PLEASE ASK YOUR ESCROW OR TITLE OFFICER FOR A SAMPLE COPY OF THE POLICY TO BE ISSUED IF YOU WISH TO REVIEW THE ARBITRATION PROVISIONS AND ANY OTHER PROVISIONS PERTAINING TO YOUR TITLE INSURANCE COVERAGE. The above Summary is provided for information purposes only. To the extent that it conflicts with or otherwise varies from the actual commitment provided, the latter shall govern. The above links and associated images are provided for information purposes only. They are not guaranteed as to accuracy, availability or quality. The above Summary is provided for information purposes only. To the extent that it conflicts with, or otherwise varies from, the terms of the attached title commitment, the latter shall govern. The above links, and associated images are provided for information purposes only. They are not guaranteed as to accuracy, availability, or quality. The attached document is a PDF (Portable Document Format) file and can be viewed or printed with Adobe Acrobat ReaderTM If you do not have Adobe Acrobat Readern' on your system, you can download .it_for free from Adobe. Some of these documents may be designed to print on LEGAL paper. To print these on LETTER paper, select the "Fit to Page" option from within the Acrobat Reader. If you want to print on LEGAL paper, select legal -size paper from within the "Print Setup" dialog box from within the Acrobat Reader. 1/9/2007 Content in this email is Copyright © 2005 LT Systems, L.L.C. All rights reserved. Page 5 of 5 1/9/2007 09/01/2015 01:38 FAX �J002/004 01/17/2006 08 :50 970641323E ART MARS PAGE 01 .January 16, 2006 W. Chris laein woodstone Homes. Inc_ P.O. Box 3839 Vail, Co 81658 Dear Mr. Klein_ Arthur L Mears, P.E., Inc. Natural His Consultam 555 Convay Road 16 GU=jWj , CO 812:30 Tel/F": (970)641-3236 As you kriaw, I visited property you are interesWd in buying I meW at 4652 Meadow Drive (Lots 11 and 12) in Vail. The purpose of my site inspection vms to evaluate the potential nxkkll and snow - avalanche hazards and to provide mitigation design concepts if needed, My site observations and conclusions follow- The folow- The avalanches. because they fall short distance$, "not read high speeds or pm duce ImMe Wpact p , I3ased on a computed avalanche speed of 5 mIs (11 rnpph) and density of 150 kg/M3 (9.4 lbsM). an impact pressure of 80 . 09/01/2015 01:36 FAX Ia 003/004 01/17/2006 08:50 9706413236 ART MEAR5 PAGE 02 lWale on the uptW'lWbdng wall of a binding should be assumed. The disb+ibudon of this pressure Is diagramed in the fh M&Mng sacdw of this report. The proposed building We at the bm of the slope lies within a "blue" or modwalb wmd none ac =ding to Town of Vidl cnnance. The acxrpAed 80 ib&W Wpad pressure is wad below the 800 IbWW upper linhit of the blue zone. FudherxnoKe, bemuse the bu lti thg site has not been reached by an avalanche and there exisls no sign of avalanche danhege, the return interval appears to end 25 years. Thus, both lrrrpact end fequomy ccita a defining the area as a blue zone ace hratdsfi - pause tote building site lies vN in a blue zone. structural udtlgation is required acawditv to sedan 12 -2 i -1 o 9 of the 1888 VW Hazard RegubNorw. The mitigation design concept shown in Fug 2 should be used to protect the building and occupants_ I Fig 2 I s PAIN 11 The ifthpact pressures shown are in excess of hafizordal loads required in normal buddirrgs, exopedIng these by a fisc w of 2 to 3, The loads decrease with height as Wwwo in Fig 2. However they ad over a WOvely small surfaho ores (10 feet high boonnIng at 3 feet above grade), and probably would not be difficult to I nto di*gn. V14alls, doors, atld'®YA n lA ndows haim been designed for $ ?: »- '',M.i�J;;'r' avatand�he kods iii *K gkowi f wow aitu(Aural engineers at numerous lotalons and the foods have been succxessUy used in building design. 09/01/2015 01:36 FAX 004 /009 01!'17 %2006 09:50 9 06413236 ART MEORS PAGE 03 Really. it should be naffed that the midga0on remommm&W in this report vAN not deflect avelanches toward any sclaceM public or private property, udlikm, or rights of way. The mitigation will actually decmese exposure to the rare avalanche to any persons below the house. Please cont ea me if you have any questions. Sincerely, 0 CZ5;f- 'VA k~ Arthur 1. Mears, P.E. Avalanche- oontrpl engkmer COMMUNITY DEVELOPMENT ROUTING FORM Routed To: George Chalber , PW Date Routed: 01/17/07 Routed By: Warren Campbell Date Due: 01/24/07 Project Nam Lots 11 and 12, Block e: 7, Bighorn 5th Project #: PRJ07 -00008 Activit #: PEC07 -0001 Description of work: Proposed replat of shared property line between two exisitng lots Address: 4852 and 4856 Meadow Lane Legal: Lot: 11 & 12 Block: 7 Subdivision: Bighorn 5th Status: ® Approved Comments: -TK ❑ Approved with conditions ❑ Denied Date Reviewed: Fire Department Issues. Need additional review by Fire Department.