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HomeMy WebLinkAboutGLEN LYON LOT 53 COLDSTREAM UNIT 25 LEGAL.pdf5F $F FF5' Efl rE {Eg 1g $F r"sF gE [E s[ EeEFEn gEFflEE rtr$EilF €E 'g +'..6 E 'd FE a S OJ rr' O a,Fr E F.g ?u;, a;E i .'lrV -: ,'}3 Frl BN lh IN l$lr IN ls rP I I U) (D qt ts rl t nt \g- \\\-S* \ , Y%- \ %"% \g 'tk r.s9 \ t't ,t'. IY \.m \ h el \E '\E* la \k \d \ t\)s 5 F o ; .-l cl!E. ld $|E lo Itrt t6' 13 F *qt o tl t\) \t'., 'r \ '.,, t \- I /_ H FIf, TOI4'Nffi Design Review Board ACTION FORM ;(.\o\'^*.-,-.1 C.tn[o. Departrnent of Community Development 75 South Frontage Road, Vail, Colorado 81657 \-L-"\-^{ ?:- tel: 970.479.2L39 fax: 970.479.2452 web: www.ci.vail.co.us Project Name: Kaufrnan Residence DRB Number: DR8020369 Project Description: addition and deck enclosure Participants: OWNER IGUFMAN JAMES M. & JANE G. 10/15/2002 Phone: 3405 DEEPHAVEN AVE WATZATA MN 55391 License: APPUCANT Wazecha Enterprises Inc LO|LS|IOOZ Phone: 970-390-3674 PO Box 1384 Vail, CO 81658 License: Project Address: 1476 WESTHAVEN DR VAIL Locataon: Legal Description: [ot: 53 Block Subdivision: COLDSTREAM CONDO ParcelNumber: 210312108025 Comments: BOARD/STAFF ACTION Motion By: Action: STAFFAPR Second By: Vote: DateofApprovab L0lt5l2002 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate rwiew committee(s). C-ond:0 (PLAN): DRB approval does not constitute a permit for building. Please consult with Town of Vail Building personnel prior to construction activities. Cond: CON0005623 Window formation to be as requested by the DRB. Planner: Allison Ochs DRB Fee Paid: $3OO.0O f*taf*a*l*i*l**t++*laltalaaallla+afl*********aaa{rl'}'}*artt*ta*taaaaf*faf++fa******a***llf++** TOWNOFVAIL, COIORADO Stst€m€ot gtatenent l[unber: R000002957 Anrount: $1,250.00 08/26/2OO2O3:37 PM Palrment Method: Check Init,: {IAR Notationr 5755 Jame6 Kaufman Permit No: P8C020047 Tlpe: PBC -Maj SDD No Ext Chg Parcel No: 2Lo3L2LO8o25 site Addrese: 1476 tfEsTHA\tEN DR \tarl Location: Tota1 Fees: $1,250 j 00 Thie Payment: $1,250.00 Total AIIIJ Pmts: $1,250.00 Balance3 $0.00 *t'|*t * ***'l | +* *{.* +!* ** * * **'t ***'}** ** ** ** * * **lt ***+ | * ** **'} **i *+++++ | +l | | fttl fffta *****++**++ + | | +* ACCOI,JNT ITEM LIST: Account Code Description Current Pmts PV OO1OOOO3I125OO PEC APPLICATION FEES 1 .250 .00 TOI4'A'M Mailing Address: Description of the Request: Location ofthe Proposal: Lot:Block:_ Subdivision; Physical Address:/'ltt/A Zoning: Name(s) of Owner(s): Owner(s) Signature( Name of Appl Mailing Address: Application for Design Review Depaftment of Community Development 75 South Frontage Road, Vail, Colorado 81657 teli 970.479.2139 fax: 970.479.2452 web: www.ci.vail.co.us General Information: All projects requiring design review must receive approval prior to submitting a building permt apptication. please refer to the submittal requirements for the particular approval that is requesled. en a-pfication ior Design Review cannot be accepted until all required information is received by the Community Development Department. The project may also need to be reviewed by the Town Council and/or the planning and Envrronmentat commission.Design review approval lapses unless a building permit is issued and ojnstrucion commences within one year of the approval. b\ bgoa contact Eagle co. Assessor ",gto-sz{#i,{aroroa r{.i 3405 Deephaven Avenue ,/"t z{ Phone: Fax: $50 Plus 91.00 per square foot of total sign area. No Fee For construction of a new building or demo/rebuild. $300 For an addition where square footage is added to any residential or t6 /3 , commercial building (indudes 250 additions & interior conversions). /For minor changes to buildings and site improvements, such as, roofing, painting, window additions, landscaping, fences and retaining walls, etc.$20 For minor changes to buildings and site improvements, such as, rer@fing, painting, window additions, landscaping, fences and rebining walls, etc. $20 For revisions to plans already approved by ptanning Staff or the Design Review Board. No Fee Z)-/E-mail Address: Type of Review and Fee: C Signs I Conceptual Review tr New Construction tr Addition E Minor Alteration (multFfa mily/com mercial) Minor Alteration (single-family/duplex) Changes to Approved Plans Separation Request IJ tr For Office Use Only: Fee Paid:Check No.:-_- By: DRB No.: Planner: Date: Project No.: IFF I0tlni Appllcation for Review by the Planning and Environmental Commlssion Departnent of Cdnmu.r:ty Deedogmefit 75 SorJ6 Fonug€ Rord, \blt, Cot*a(b g1657 blr 970.479.213t fbx 920..179.2452 web: wmv.d,vrll.o,rs Sencrcl lnfonnaEon: Ali p'oJccts r|Qdring Ptanninc and Envir'e611s;151 commtssbn r.vtel Tust nrcdve apprcrnt prior to submltdng a builtlhg pctrnlt appficador.. Pleas€ rcb to thc jubntat req,Jremenb for dr p.ro*f;ilpi"'rol :hot ls r€queSted,An appltcadon lbr Plaonlng .nd FfMroruaertat commisdon ra/ietn cannot b€ rclpted until lil rcqutr€d Infonnruon is received.by fte lommulV Development Departn€nt, Tlc projcc marl aiso neeo to ue revtafleo by ste Tiln @Uncjl and/or tllc Drsign Ra/ig^r Eaarc. Typc o,f Apptlcation rnd ice: Deecription ot dr€ Raque8t3 E Rezoning S1300 3 Mejor SuHiYsion $1500 O Mlnor Suoorvrs-on $650 B &ernpdcrl Plat $so tr Mlnor Arncndmcnt to !n sDD $1OOO E llew Specral Developrlent Dinrict $6000 tr Major &nendmert to an SDD $5000 D Major Arnendnertb.n SDD S1250 (touErWneficdorE) C Conditiond Usr Permit Cl floodplaln Modific*bn . tr Minor bcrior Aterdor tr ttlaror E4nn'or Altcredon t Ort elopl;lent Pla,r O AmendrE rt b r Dct/elocrnent plan O Zoning Code Anrcndnrent . \E/9ariance O Sigtltianc. $6s0 +400 $550 $00 $1S00 $250 $1300 $s00 $2cs Locauon of thc Proposal:Loh-Bbck- Subdivision i V.t-o,Eftr tA\rar^ Dvn-.1 Phyrlc.l Addrcss; Parccl I{o,: llelllng Add'l.ce: (hpner(r) Sl9n.tur.(.): ibm€ dApplkrnt: ilalflne Mdrucs: (Contact Eagle Co. Assessor at 970-3t8-8640 tor parcsl no.) Phonc: \ttl'.r*^r- A ?-yI i3ql Phoncr E-mallAddrua;W-. t,<e-ggis -o ea 1 Only: b Fdd: Clrcck No.:_ By: PEC No.: Proret No.: Poge l of6-Ol/l t/02 I'd 8es6- aaB- Oa6 .r,lca tJEfl s €3!|Oql rittII a0 eO tnu E"'"T*PARcE L rtt*t*d6 lili #::l"]:',-*.#1"=ff:':ll*"'}FRON : JNKAUFNHN ffi;;-nitiidfrdad. "" g2t t4089 luly22,2A$2 -.^\ VAI L CASCADT (-(JNoo'|rlNttrMs . - Rs: --Cs[dstrcanS5 8mo*atiqt Commwrity Developlmera Town of Vail Vail, Colorado 8l6f? ToWhom ltmayConberr: Thc coldstrcam Assqcidimnarrvicuadand4pn*ed rhereque* &sm Jemc$ Kaufman to rcmodel \ris lnit ud.a* pryt dttr retnild qrt tfuc urit o'co$sfoucr mnh deck ofthc unit Please let us know if I enp'mvideanfadditiqrrt inltrmation' sincerelfl (X Don Mac|.achlan Gcneral Managcr zE'{dgts€o /a-22- L]|C Fnx Ml.o tus. @. &@.88:26tm 72 Imorovenent Locatlonr H"ffi*lht**"ln condminiums - r!a* f' gqo{t1g to ttrc plat approved bv ffii;;;iv& "" reuuarv D, isso, Eade countv' colorado' I hcretry cdtify ttat tlE IntroTttlr|tr LocdimE shlqtr dl balc{upo H.*'{lt-* ty c ad th ilii-"Il*tt t.*a +grir onocrttun a4 of cold*to ccdmiruna SrcdH c.c.E ggpg*-'" .f g\ \ ll /-"r-\/rv\ \tvt q Sc.lc l!4)' Pts 235 0i; tlnit 25 lsf no6 t5tr.h.t rUt Sa6o!qri-3g5,h1lLalO.n2lr lTl9ltgl60 T'D,, .rmeoilL lCriur MrfiiF r+76we*lannDrhn,Gt45 Vrll, @ 816St t\\T\ Dor''ar> P\^"" I '.t'1 ,(/ /rt cot ln,d* )* €!. i,i F o^.o 9:- t% fz t \. From Land Ti t'l e Sat Aug 10 10:31:10 2002 Page 1 of 9 LdTttleQ"rrre6rgv (ltIEllBUSIEBmO,l Date: 0E-10-ZX)2 Our Order Nrnnber: Vn6yE hoperty Address; COI{DOvIINIUM UNIT 25' COLDSTREAM COi{DOMINIUII'I^S WEI P.(} B()X rtt4 VAJI. CO 81658 AGU TOII4 WA&ZECflA Pbrtr 9GnX!36'14 Fr: 97llt27-9@ Scnt Vle US Foctrl Serrlcc LEELE(NNEn aD45 Cr) nD. 3!i5 BTTENA VFTA CI) tl2ll Ptuc; |fll}f4*7136 Fer: 9llFt4.97ab ScnVhFu frn{EltB From Land Ti t'l e Sat Aug 10 10:31:10 2002 Page 2 of 9 o o LdTrtleQsdeOrynt lq.Ro{rrcls Dete : 0E-10.2m2 Our Order Number: Vn592S hoperty Address: CONDOIVIINTM UNm 25, COLDSTREAM CUTIDOMINIUiI^S Buyer/Borrower: TOBE DETERMINED Seller/Ovner: JAMES M. KAUFMAN AND JANE G. KAUFMAN If you hrve eny inquiries or requlre further esslstsnce, please contact one ol lhe numbers below: For Closing Assistance:For fith Assbtence! Vdl Tttle Dept Roger Avila IOB S. FRONTAGE RD. W. #203 P.O. BOX 3s7 vAtr, c{) tr557 Plplrj. no-{t6-XISI Fu: 9IO-t1764534 Eltildl: rrvlla@lgc.com N€ed s mcp or dlrectlons lor your upcomlng clmlrqg? Check out hnd Title's web slte et www.ltgc. com lor dlrcctlons to sny oI our 40 ofiice locatlons. ETIiIA'TEGTTTIEES Irtrormedon Bffier $175 . OO TqAL 9175.00 rota colalgr TIIANK YOU F1OR YOIJR ORDER! From Land Title Sat Aug 10 10:31:10 2002 Page 3 of 9 F izrdTttle LAhD'IITIEG.NHNIE6IF$IY tlil,oG Orrrn JAMES It/L KALTIMAN AFID JANE G. KAUFMAN R.oFrty Addrcss: CONDOLINTM UNIT 25, COLDSTREAM COhIDOMIMUII/F Yorr Retercrre No.l Vylrn rtlertlrg to tis odeB plece referencc our Or&r No. V276925 - CHAR.GES - Irfonndon Blrder $17s.00 -Total--$r7s.00 Plese ruke chclrs pqrable to: Lmd Ttde Gtr{lrree c-orTory P.O. Box 5441) Dewer, CO g)217 From Land Title Sat Aug 10 10:31:10 2002 Page 4 of 9 Cldc4o Tttle lrBrnfltce Corryery ALTA COMMITMENT Schedule A Propertt Address: CoI{Do{UINIUM LJNIT 25, COLDSTREAM CU\IDOMINIUI/IS l. Efectivc Drt€: }|ly 23, 2002 et 5:OO P.lt[ 2. Pollcy to be Issued, and Proposed Insured: Infonrdon Binder hoposed lrsued: TOBE DETERMINED Our Order No. V276925 Cust Ref.: 3. The 6trtc or inter€st ln the land dcscribed or r€fencd to In this Commltment snd cov€r€d her€in is: A Fer Slmde 4 Tltle to the estate or interest cover.ed hereln ls at lhe elfecdve date hereof vested in: JAMES M. I(ATJFMAN AI\D JAI\TE G KAI.JIMAN 5. The lsnd relelred to ln tlrls Commltment ls descrlbed ss follows: C(NDOVIINIUM I,JNM 25, C(LDSTREAM CU{DOFTII{ruI4S, ACCORDINGTO TIIE CONDOMINIUM MAP, RDOONDED JANUARY 2! 19tO IN BOOK 295 AT PAGE 725 AND ACCORDING TO THE c(t{DoiulNruM MAP PTIASE n RUCORDU) MARCH 3, l9t0 IN BOOK 299 AT PAffi 544, AND AS DEF-INED IN THE C{X\DO{VIINruM DECI.ARATIOI{ RDCORDED JANUARY 2, 19M IN B(X)K295 AT PAEET2/, AS SUPPLAMENTED BY SUPFLEMENTAL CONDOIVIINIUM DECII\RA'TION RECORDED MARCTI 3, r9r0 IN BOOK 299 AT PAGE 543, COUNTY (X'EAGLq STATE OF COLOnADO- From Land Title Sat Aug 10 10:31:10 2002 Page 5 of 9 ALTA COMMITMENT Scltftle B - Secdon 1 (Rcgulrements) Our Order No. V276925 Th€ following arc the requiretnents to be complled with: fiem (o) FWrEnt to or for the rccoul of llE gronfors or rmrlgagors of flE ftll considcndon for tlE estrte or irxcrest to be ft|suril Ilem (b) Rrper it|strnten(s) crcadrg tln eshte or lnbEst to b insued Imrst bc executed ard duly filtd lor rtcondn b-wlC Ifem (c) Peyrmnt of all taxcs, cheges or 6ses{ rnt levied sd assessed egdrrt tte $DJect prtrdses wldch ere due ud pryaUe. ftcm (d) Ad.[doml rcSiltrrnb, ll rry dsclcsed below: TTIIS COMMITMEI\IT XS FOR II{FORMATIOilI OIILY, AI\ID NO FOLICY WILL BE ISSUED PURSUANTHMETO From Land Title sat Aug 1o 10:31:10 2002 Page 6 of 9 ALTA COMMITMENT Schedtle B - Secdon 2 (Enceptions) Our Order No. Yn6925 The policy or pollcics to be issucd wlll contdn exceptiors to the folhwirg rmless the stme are dspo'aed of !o the sedsfrction of the Company; l. l[ghb or cldrr of Frdes in possession not shown b5r lhe pftlic rtcords. L EGerEnts, or cldms of easerrenls, mt showr by tlE frHlc r€cods. 3. IXscrcpeicles, cordllc8 frr borndary llrs, slmrtage ln ereq emmrhrffi, ad rry frB vldch e contct survcy ard insp€cflon of Or pFldses wodd dsclose rnd whlch rc mt slDwn by tlE Pdllc rccods. 4. Arry lien, or dght to e llen, for servlces, labor or rulerld tlEr€totore or hercafter furdsl|ed, tnposed by law ard not shown by tlr ptHic ncords. 5. Defecb, liens, em|IDbr{rceE edvene clalrr or otlEr nr{t&rs, il ory, crce4 trnt sfeadqg in tlr pHlc rcconls or deHrg s*cqrrct io tlr efiGcaiye dele l*reof trf prior to d|c dde dE poposed lmred ecqdrcs of recurd for valu llp csbte or lr ercst or rm grge lhereon covercd by tlds Conrnitrnt 6. Taxes or speciC essessrnrtt; whlch ar€ mt shown es exisdrg llers by fie prHic recordg.o tlp Tnc$rtr's ofEce. 7. Llens for urydd wabr d sewcr clEr8€s, lf ory.. t. In edditioq lhe owrpt's policy will bc sullcct to tlrc morlgege, ll my, mld In Secdon I ol Schdle B hreof. 9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE TTIEREf,RCTM SHOULD TTIE SAME BE F{)TJI{D TO PEI\IETRATE OR INTERSECT TTIE PREMISES AS RESERVED IN TJNTTED STATES PATENT REOORDED DECEMBEN, 29, L92O, IN Bq)K 93 AT PAGE 42 AND RECORDED AUGUST 16, 1909, IN BU)K 4t AT PAGE 542 AND RECORDED OCTOBER 2. 1946 IN BOOK 132 AT PAGE zms. 10. RIGHT OF WAY FOR DITCIIES OR CANAIS CONSTRUCTED BY TIIE AUTIIORITY OF TIIE T]NITED STATtsS AS RESERVED IN UNITED STATES PATU\T RE'CORDED AUGUST T6, 1909, IN BOOK4t AT PAGE 542. 11. RESERVATIOhT AS T0 TIIE NORTTMF^ST V4 SOIJTTIEAST V4 OF SECTION 12, TOWIISHIP 5 SOUTH, RANGE El WEST OF TTIE RIGIIT OF TIIE I,'NITED STATES, ITS PM.}TITTEE OR LICEI.ISEE, TO ENTER UFCN OOCUPY AND USE ANY PARI (X'ALL OF SAID I-AIYD FOR THE PURFOSES PROVTDED rN TT|E ACT OF JJI{E 10, 1920 (4r STAT. 1063), AS RESERVED IN TIIE PATET.{T RECORDU) OCTOBER2. I}|5 IN B(X)K r32 AT PAGE 405. 12. RESTRICTIVE COVENANTS VNilCH DO NOrt CONTAIN A FONFEITUAE OR REVERTF;R CIAUSE BUT OMITTING AIYY COVEI\AhIT OR RESTRICTION BASED ON RACE COLO& RELICION, Sa(, HANDICAB FAMILIAL STATUS OR NATIO{AL ORIGIN UNLESS AND ONLY TO TTIE D(TENT TIIAT SAID COVENANT (A) IS EXEMPT I.,rNDER, CTIAPTER 42, SECTIG\ 36(n OF TTIE UNITED STATES CTX)E OR (B) RE,I\TES T{) IIANDICA"P BUT DOES NOT From Land Title Sat Aug 10 10:31:10 2002 Page 7 of 9 ALTA COMMITMENT Schfule B - Scctlon 2 (Exceptions) Our Ordcr No- Y?:16925 The pollcy or pollclcs to be issucd wlll contsln erceptions to the lollowlrE tmless the srme arc dlsPosed of to th€ sstkfsction of the Compsnys DISCRIMINATE AGAINST IIANDICAP PERslol\S, AS CONTAINED IN INSI'RUMENT RECORDED APRIL 04, 19t, IN BOOK 25t AT PAGD 69t, AND AS AMB|IDED IN INSTTUMN{T RE|CORDD MAY 02, 1990 IN B(X)K52tAT PAGE 154. 13. UTILITY EASEI}IENIT AS GRANTED TO HOLY CR6S ELECTRIC ASSOCIATIO{, INC. IN INSTRUMEI\T RECORDED OCTOBER 16, 197E, IN BOOK 292 AT PAGE 792. 14. EASEMENTS, CONDMONS, COVENANTS, RESTRIC'IICITq RESERVATIOi\IS AND NOTES (x\I TIIE COT{DOTVTINIUM MAP OF COLDSTNGAM CO{DOOIINTUMS RECI)RDED JANUARY 2, 19tO IN B(X)K 296 AT PAGE 725 AND CO\DOMIMUM MAP OF COLDSTRFI\M CONDOMINruDflS PTIASE tr RECON.DED MARCII3, 19tO IN BOOK299 AT PAGE544. 15. Tr{osE PROVFIONS, COVEI\ANTS AND COI\IDITIOhIS, EASEMEI\ITS, AND RESTRTCTIONS, VYHICH ARE A BURDEN TO TIIE CONDOMINIUM TJNIT DESCRIBED IN SCHEDULE A, AS CU\ITAINED IN INSTRUMENT RECORDED JANUARY Z), 19T0, IN BOOK296 AT PAGE724 AND AS A.I,TENDED IN INSTRUME\IT NECORDED MARCTI 03, 19t0, IN B(X)K299 AT PAGD g3_ From Land Titl€Sat Aug 1O 10:31:10 2002 Page 8 of 9 LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pususnt to CRS 10-11-122, mdce is lnreby glven tlnt A) The sullect reel propertJ nry be locaH in s sFcid texllg dsEict B) A Cerdttcde ol Tlxes Dla tldng each tdrg Jrrisdc{on try be obd|Ed from tfE Cotrly Trcasurtt's nlhodzed agenf, C) Thc iilonmdon rcgardrg spackl dtsHcts ard OE bormdries of strh dstr|cts rry bc obrnttd llom UE Boerd of (}urfy (brodsslorE|s, ttE Comty Cllerk etd Recorder, or lhe Courty Asses{rr- Notc: ElTecdve Seper$er I, lgyr, CRS 30- 10-406 rcSirca thrt 8ll doqrnents rtcdved for rccordr|8 or nlirtg In tlr cler* ard rccordet's olflce slsll conldn e top rurgln of at least orn imh ard e left, ]i8ht srd botlom nnrgln of at least orp hatf ol an irrh Tlr clerk 8rd rccorder rmy rtfr$€ to rccord or tile arry docurcrf tM does mt cortronD, €xc:ept tht, the rrquirEnEnt for tlr lop rf,ryln stnll not ryply to docrlrFnb udr€ fontls on wldch space ls povided for rccodirg or 6lirg irtronmdon at the bp unryln of Ole docunnt Note: Colorado Divislon of Irrunnce Reguldons 3-5-1, krgrqrh C of Ardde Vtr rcqdrcs tlnt 'Tvcr5r Ude entity shrll h rcsporslHe for dl rmtlers wldch aper of rccord prior b th tia of rccordrry wherrver thc dde endty conducb tlr dooltg ud ts responslHe lor rccoldrry or nliry of l€d docutrents rcsuldrq ftrom tlr trrBrcdon wlich was dmed". Plovided thd Lerd fide Gurrrtee Conpcry cundrts lln closlqg of On llrs|rcd trsnsaction sd ls ttsporslue for rccordirry tlt legal docurrnts bom tre Ernsscdon, excepdon rn*r 5 vlll mt rycr on t: Orpney's fide Policy ard Orc lrnder Pollcy wlrn Lssd. Note: Aflnndve rnec]ndc's llen protecflon lor tln Orvrrr try be avail$le (t;flcelly by deledon ol Excepdon no. 4 of Sch€dule B, Section 2 of tln Corrndtsmnt hom the Owrrls Policy to be lsnnd) upon con$lrrce wllh ttr followirg conddors: A) The lgrd descrlb.d frr Scffie A of tis crnrduErt rn8t b a sirgle ludly rcsiderrcc wldch lncludcs s cordonirdrrn or lowrltorse udl B) No labor or rmterials lnve bcen frurfthed [r rnechardcs or rmterld-rmn lor prposes of corrtuc0on on tlr ldd descdH in ScHulc A of tlis Clnrd0rent wl0in 0F past 5 rmtds. C) TIE ConTary rmrt rccelve or ryropriatc dlldrvit indemdfylrC OE C-ompury qsinst urtlled nrcMc's erd ndsl-rrn's lier6. D) Tfr Corryany nrBt r€c€lvc Fyrrrt of tlr ryropiate prrdun E) If trrrc ls hen corstrrdoq irryruverlE|$ or n$or rtpdrs uderh]en on tlrc property to be Ftrtlsed wltlln slx rnonts prior to the DaE of tln Col[dtEnt, tE rcquircrnenb to ohin coverqe lor urrcordcd lierr will lmlrde: dsclosure of cerinh cortsrndon irtrorrmdon; flnarxlal lt{onrdon s to ll* seller, tn hdlder sd or tlI cortalor; poFrril ol tlt epopdrte prcmiun ltlly exe(1 €d lrdermltJ Agr€erEna ssdshclory b tlrc conplr, nd, ury ddornl rcqlrtrats $ ruy be nec€srry dter en erudrdon of tl* aforcsdd ft{omndon by tlr Con+cry. No coverage will be given urder ary clnclrtrstrn:ls for hbor or nntedd for which the lnsrrd lEs contrebd lor or .grecd to poy. Nolei hrsuant lo CRS 1.0-11-L:23, mtcc ls lEr€by glven: A) Tlnt 0Ere ls rccorded evlderne tlu a rdrrrel €sqt€ ls been scvere4 lc8c4 or otlrmlse conveycd lmm the $Efre €sEe ard t|rt OErc ls r strtmdal fikellhood ftrf I fiild Frty lplds sofr or dl Intercst In oll, gas, olher ninerds, or geollrenml enerw In the Fopelty; erd B) ThI srh nimral esbe rry tnclude tlE dgH b cnter rd use AE FroFfiy wl0lout dt sutre owrr/s pends$lorl Tlls mdce dl€s to owrE/s po[cy cor[dEmrls conldrdrg r rdrrrd severurce lnst|tr|Fnt exccpdon, or ef,cetdors, In Sclrdule B, Secdon 2. Notldrry lrcrcln conbined wlll h dserrd o oblgafc dt€ conpery to p(ovlde erry of tre coverzges referrd to hrcin rs ess tln above conddorr lre lldlv ssfuned. Por IrISGSE From Land T'i tI e Sat Aug 10 10:31:10 2002 Page 9 of 9 o JOINT NOTICE OF PRIVACY POLICY Flddity Nadonal Flnanciel Group of ComponiedChlcago Tllle Irsurance Compo.ny and Lend Title Guerantee Company July l, 2lX)l We recoprlze erd rcsrct Ore Drivecv exachdorB of todry's corxutrs erd th rcqdrctrnts of apdlcaHe fedeIel erd s.qtp afiyi6y laws, W'e bellevd Ont inkiiE vou wam of f,ow we we yorr mrrr.$llc rrsonal tnlonrndon ('?ersoml lrtrorimdonal. sd to whom it ls dsclose{ -wlll fonn thc besls lor a ri:laflomhti of tril betw€en us ad trc ptHlc tnt we servi'This Privacy Stalerrnt pm'iides Onr explsnlbn We rcserve 0a rlght 1o charge tlds kivry Stele[Fnt fmm tim to drE consiste wllh epfllcable pivecy lws. In the counse of our bwfoiesg we may collect Personal Inlormation ebout you lrom thc followfutg souroes: * Flom amlicatiors or oltrr fonn we rtcelve from you or your eldprLed rcgtsenhlive;* Fhom yb'rn trarsacdors witr, or fiom lh services 6elrg frtornra by, rs, orn eff,llatcs, or ollrcrs;* F mm -orr lnlerrnl web siles:I Fmm tlr nrHic rccords rninhimd bv goverrtrnhl enddes thet we eitlrr obtdn drccdy fmm tlpse erSdcs, oi fmm orr alfrdetcs or othn; and i From corrrrrrr or ollnr rcportirg rgendes. Our Pollcles Regardtrg thc Prot€ction of the Confidentiality and Security ol Your Personal Informrtion We nnhrhin otrvsicat. elecEodc {d Dltcedtlrl sdcglt8rds to qotect yo|r Fersonsl Infonnrlion frcm un[frnrized ress or inEirsion lfe llnit rcess ui th Fensoml filonmdoi only o tnse enr$oyees who lrcd such rce-ss In cormecdon with provldrE ptodtcb or servlces to you or for oll*r l€gitintsle hlsl|Ess puTos€s. Our Policles end kactices Regarding the Sh&ring of Your Personal Informatlon We nny slnrt youn Penornl lrforrndion wlth our rmlialcs, such s insuurcr comFries, eggr$, ard olltr rtd esge s6tderrerit service provHcrs. We rlso rry dsclme yrirr Persornl Infonndoi: r to aeerE, brokets or ttDrcserf,aflves to provlde you wilh seivices you lEve rtqtEsted;+ b tmt+i{uqr contsrtort or_serwice poviders who pmvide senlces or perform nnr*e dtg or othr ftnctiori ori orn betnlf: crd * !o ottrns wlth wlFm wa erfier inio joiil mx.keftg ryrcerE|ts for Foducb or serwices lld we bdieve you rry trrd ol trbrcst In additiorl we wlll dlsclose yorr Fersornl ltfonEtion wlEn you drect or give u petmission, wlrcn we art rcqulred blv laf,r 30 do so. or wlnn we-srrnct frandlent or cririrql r-dvlties. We eEo nrcv-disclose ydur Rrsoml Iitrorrrnton whln othem'lse mnitea br an csHe rivacy lcss srrch es. for sade- wheft disclosurc is nccded to erforce our dglt risrry irut of eny dgdeirneng lrirrsacdon or rclationihip with ybu. OrE ot ttE tnportErt nsporslHlides of sorm of our ffilld congdes is !o record docr.urnts in the Ftlic doruin $rh-fucurcnts- nry conhin your Persord Irfonrdon Right to Access Your P€rsonsl Informatlon end Ability lo Correct Errors Or Request Chsnges Or Deletlon C-ertdn st e3 dlord you the rlght to access your Fersoml Irfonrorton an4 uder crrqin ciNrmstrnces, tD 0rd ori b wlpm vour P€tsonsl Irtronmdon lns ben dsclos€d. Also. c€rtsin strles dlord you tlE rlcl t0 rcq|nst correcdorin arndnent or d€ledon of your Fenornl lrtronmdon We rtserve 0* r{S}* wd penduitl by lsv, !o cherge e rcasonalle f€e to corer tln co8b lmrn€d In rtspordrg b such r€Ttsb. All rcqwsb suh@d to UE Fldelity Niliornl Flmrrial Gmry ol CompanieJCldcago Tlfle Insrrarce Corryany shdl bc In wddrlg, erd de[yercd to the lollowlrlg d.lrcss: Pdvecy C-orSlare Officrr Fldelitv Nadoml Flrnrrlal. Irr, 4()50 Ccle Rrd. Sulte zm' Sqlts Brte& cA 93110 Muldple Products or Servl(rs tr we provlde you wlth rlmrc ahan om llrsrclel proftrct or serylce, you nrry rccelve rmrc lhr| orE Fivscy mdoe finm fo. We alntogte for ury irrunveriencc Ols rnay cose you. EorE PRfV.PC,L.C!iI ll-:Ats. @ ZEE 6t?f'm P2 Imlrownent Locations ffi"dffi*t"t**". condoiniumg - qare p' 1q{qr to the flat approved bv i#'T;di;iffi on r.u""tv zplisEt,-Ead" ountv' colcado' I hccby c.iliry ttrat tb lryor@t L@lidtl Crgpat tascd upofc'U eumtsbyc ard tb dd shorrt dr srid go'- "--ffi'4'kcddsrd cdibinita str@'Tla.f c.c' ggyg*-' 4 \ S scelc r{I 2350*", t nit 25 lsf Fbc lddtrtu lt,s rD{66qrd-dqrEvid1Co'll2tl Itl9l5€160 TOWNOFVAIL, COLORADO Statement staeement Nurnber: R000003258 Amount: $300.00 L0/t5/200208:21 ala Palment Method: Check Init: AO NoEation: check 5702 Permit No: DRB020359 $4re: DRB - Addition of GRFA Parcel No: 210312108 025 Site Address: 1476 WESTHAVEN DR VAIIJ Location:Total Fees: $300.00 This Patment: $300. 00 Total AIJIJ Pmts: $300. 00 Balance: $0.00 ACCOI.JNT ITEM LIST: Account Code Description Current Pnts DR OO1OOOO31,T22OO DESIGN REVIEW FEES 300.00 l.l rtit i rlijilttr,t rr,l/:1- ir, i,rr:,1 i '.,'V; i;t::i: i: Iri,:r,:...,'r.r. ltrllr I ll:,:,r:r.i.; ll. i)rr ili,-::. rr;i:r,ti:r i iiir!): i.riltir i., )i.i-j.-.::::.1,:,- \r. t::i..r i : )ii:i,i f ,riir,r. .'\.i'i :::11. i :\.t::)\ i i':liirli.t. ;l:t :lt::,rrf: !l,iriniif August 23, 2002 Allison Ochs, Planner Town of vail Department of Community Development 75 Vail Road Vail, CO 81657 RE: Kaufman Residence Unit 25, Coldstream Condominium Application for Conceptual DRB review FRITZLEN PIRCT ARCH ITECTS VAIL, COLORADO Allison, This Application is submitted in conjunction with an Application for Review by the PEC. This Application requesb informal review by the DRB as soon as possible to assure the acceptability of the proposed additjon by that Board. The Applicant has received approval of the Association which has established its' own strict guidelines for additions within Coldstream. The attached photo overlay indicates that the Applicant will extend the existing deck above the addition two feet (2') to maintain a shadow line around the addition. The roof over the upper deck will also be extended above new proposed deck expansion above the addition. All materials and colors will match existing conditions and follow the Cuidelines established by the Association for modifications to the exterior of the Buildings. The Owners will be in Vail for the September 4,2OO2 DRB meeting and hope to be heard at that time. if this item can be assimilated into that DRB agenda. ii',i: l;,r \,.:r: 1,;r,!.:t! .) r!" . {;Ir,!iilrt i' 1j.::: i L,ii ,r,i. .: i::,..:::' t rr ', : : llrrl)ii l\,: i,lr. :iiii i 1,..1)irl .1.,.j..f f .r; ,ti,.rt,li,i 1..,_., '1 FROT T JNKFI-IFI'111N FRX Nr_r. : 95??5€gzt9++ r0luv O nue. Lt Jwz s6,:s1Ff'1 P3 DcarrtT)?nt gf Communrr}- Oevetoomen! 79 sou$ Fronragc Road, Vrii, Cotdlic gt657 "d; 920..179.2139 far 9tO,479 Z4S2 uJeD: www,Ci.r,tit-CD. ug 1 (Calttct E!€k Co. Ass.ssor at 9to.32g.g640 tor psrcel no.) Application for Design Review €rn ttl lnlgrmrHcnr All grojs rlqulnng d€s{n revlgr m95t rsce'vt app'cvrl prior to wDmrrrrrrg a otildllg Ffln,t aprt,(a!,oi ftssc gef P.ft' &DrlGlt requre'nerns for rhc ardcurii jpp,-i-rii',r ruq"c*:c. rn sotcaton io, Des,gn Rcrre*c|rlot Dc b:qept d unul a[ r|asLlgd_lnturnatjen is rc<l,vcd bv ttrc Cjnrrrnity f".6;;.] drp.^.""t ,r,prcl@ mi'. sil2 fl€cd to b. f.v€wed by ttrc Tovn O,.ncffaifu& he pl.oning inc e,iri,oirnei5: (rrrnr.'jisspn.D"ltn revi.w .ppror.r hcrc unr-l a buttoinigrnnri u-l'r.c rnd c6t rction com3nrnc!3 wiHtrn oarc ycar ot ttra rgpr'lvrl. Phy.tcd Addrt$: Prr€d ?lo.: loll-*,-. 8lock:- SubdlvlElon; ztning! irh6(t) of ofllr.( j)t frlt ^dAre|',! Ownor(r) 19 l{rmo ol l{eilhe Addrori E-mrll rlddrrr: lyp. ot RrMaJ Ind Faa:tr StOns }{. Cmcelro ncrol .f tlotv Con$,.Jcliro -/- Addton O Hhoa dttratixl (muu'fan y/comrn€rort) E ftllmr Alreratton ('ingl+hrhrt)./6u9bx) tr Chtrg.! ro AtDroird pl|lr C Sep.ruion Elcrrctt -'qe'g,E /bev t50 e|,li $1.00 9!t rolrr. toot of tut t ,ign ircr. lJo Eec 3t For eo|'lsulr$fi of ! nctf buriding '| der,o/reDuitd,F00 For.n addtton ydlcre 9qu.re tdUge ,5 .oU.J ro unv res,de (iat .):aofim€.cJal buiklne (;,€udes 25' rd,torr I ,nteiror ionversiu,:).[25o frff.gqf r brdrings a.6, sjlt;;,;;;er;. lri. ur,'.P|?tng, palt_.tJere, win!9y1 tCchjer s, ,cndrzp o9, ie{Les a.-rc r'ate in{nq *!lls, etc.E20 _.:1],lTr.nrt-:r rD bJtkflngt lno gfc rnr)rcverntnts, s,cf .5,:9lTF9, ?aantlng, wl.ldow .ddtt,rq5, iandrgrphg. tencs and 'Oli ry wrltt, !rc.S20 Fc revcrang te pt ns oueaoy a9pfoyed Dt FiaM,n? Staff or the oatgn fevtelr toord. NO F.. qreck lrb.. Av' c{\ ql{ ''.?- . [...'!'tt/,.{ .u'''rV '" t ir\ RECE,t/EO AilC ? I ){t02 Fcr Oltic jFce Pait: -Aoolclon W gB,'15/2992'J.6ig4 97 *tE+nt 'o FP5 PAGE 8i T0ll,lv Depart!"nent of Community DeveloPment- -- zs iol4 Frontage Road, Varl, colorado 81657 tel: 970.479 2139 hxr 970.479'2451 ',/ell I vryrw.ci,va'l co,us General InformaUon: A projects requrring Plannlng and Envlfcnmenttsl cor,imission r€view rnus{ recelw approval prior to submitting a building permit lppticition. Please refer to the gubmittal requ||'cme'1ts for the porticuiar aPproval that is tequested' An apptication for ptenning ano e^rion*.itii Ctnrm,ssiorlview c'annot oe aiceptcd 0ntil all rcquired lrformathDn is received by the co.nmunry #;bftil;.trfign1 rf'e project may alro ne€d to be r€viewed bY tie Town council and/or r,.h? Elcign Review Board' Type of APlicatlon and FeG! Rezgnrng $f300 Vajor SuUOivisirn $1500 Minor Sr,bdivislrn 3550 Ex€motion Plat i65o Mrn6iAr4eFdment to an SDD $i000 New Special Dcvclopment Di*ic $600Q Maior Arrendment to tn SDD t6000 Ma]or Amendmcnt to an SDD 11250 (no ex@ior mdlE t ons) APPlicatlon for Review bY the Planninj and Environmental Commission DescfiP6olr of tii Rcquest:lt't phyJcalAddressr t++/- kJp'- "**'I'' As--.tt--t ZOrr'rr_O, '-.Jt -,u - Narne(3) of ownrr(r): -iArcL-,+tn t ln^tg JlAt'tt-fnetJ llng Addret8t 65 ouYnEi(s) Signaturdr 77trtz 4O /,tU-lrlinflett, Nrmc of Applicentl Maitins Addrc.s! Lhq "horc:44L /a*'*?- .. REEEIVET] E-mgif Addres e, b//eugtlarchr&',ca,ar., :fVe' 4t/tl / tr '".'| tr tr 3 - 3 Conditional t-se Permrt $65C : n*apb'n Modific.tbn $m i Ninoi E ceriot Alt*sbon $654 n miiot Ext€rior Alteration i800 tr ocvciopmettt Plan t1500 E Amendment to a Ds/€lop.rent Plan 9250 E zonlrg Cod€ Am€ndmPrt ff300 E variarre f500 D Sign vamnce $200 111;1Q u rt ?iliI1 t/,r, 2.., z Location of thc Propoal: Fagc I cf7.0l rl8t02 '-i'- \.. 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(r l9: C) \- \E-\9 \E5 \H \q \r \ g, ro* \ \, ,cxa r8.0' cl!e. td sl8 ol lE ls Itq t5 l3 lo l.- la w o t5 ';t @ c) 9' P b' ,b N -q2 ;i oQ !-., o. )'? ,l I v,4 i*.l ioiE .lini Ists s gl8 TO: FROM: DATE: SUBJECT: MEMORANDUM Planning and Environmental Commission Department of Community Development September 23,2002 A request for a recommendation to the Vail Town Council of a proposed major amendment to Special Development District No. 4, Cascade Village, Development Area B, to amend the setback requirements as indicated on the approved development plan, located at Coldstream Condominiums, Unit #25, 1476 Westhaven Drive /Lot 53, Glen Lyon Subdivision. Applicant: James and Jane Kaufman, represenled by Fritzlen Pierce Architects Planner: Allison Ochs il. SUMMARY The applicant, James and Jane Kaufman, represented by Fritzlen Pierce Architects, is requesting a major amendment to Special Development District No. 4, Cascade Village, Development Area B, to amend to the minimum setback requirement of 20 ft. Specifically, the applicant is proposing to encroach 4.2 ft. into the required 20 ft. setback as indicated on the approved development plan for Coldstream Condominiums. Staff is recommending denial of the proposed amendment to Special Development District No. 4, subject to the criteria for review as outlined in Section lX of this memorandum. DESCRIPTION OF THE REQUEST Special Development District No. 4, Cascade Village, establishes the development standards for Development Area B, Coldstream Condominiums. Ordinance No. 23, Series of 1998, states the following setback requiremenl for Area B, Coldstream Condominiums: Required setbacks shall be as indicated on the development plan. The development plan indicates a setback of 20 ft. for the entire property. The applicants, James and Jane Kaufman, represenled by Fritzlen Pierce Architects, are proposing a deviation to this requirement. The Kaufman residence is Unit 25 of Coldstream Condominiums. They are requesting an addition of approximately 158 sq. ft. The addition will partially enclose an existing deck and will encroach 4.2 ft. into lhe required 20 ft. setback. In addition, the deck above the proposed addition will be extended 2 ft., which will be 12 ft. into the required setback. The proposal adds approximately 26 sq. ft. of GRFA into the setback. Because the subject property is located within Special Development District No. 4, Cascade Village, the request is considered a major amendment to Special Development District No. 4, in accordance with Seclion 12-9A-10, Vail Town Code. ilt.BACKGROUND Special Development District No. 4, Cascade Village, was adopted by Ordinance No. 5, Seriesof1976. Subsequentamendmentsoccurredin1977,1978,1979,1982,1984,1986, 1988, 1989, 1990, 1991 , 1993, 1995, 1998, and 1999. The subject property was a Planned Unit Development under Eagle County Jurisdiction when the property was annexed in 1 975. Special Development Dislrict No. 4 includes the following: Area A Area B Area C Area D Cascade Village Coldstream Condominiums Glen Lyon Primary/Secondary and Single Family Lots Glen Lyon Commercial Site The entire Cascade Village site is approximately 97.5 acres. The identified public benefits of the Special Development District are: Creation of a "third village" and development of significant bed base has improved Vail's summer marketing potential, bike path and stream tract open to public, employee housing, CMC facility. Because the property was annexed into the Town of Vail as a Planned Unit Development under Eagle County jurisdiction, and because the early Special Development Districts were not based on an underlying zoning, there is no underlying zoning for Cascade Village. The uses and development standards for the enlire property are as outlined in the adopting ordinance for Special Development District No. 4. The construction of Phase lof Coldstream Condominiums was completed in 1979, and Phase ll was completed in 1982. Both phases were completed under the existing Special Development District requirements. The 20 fl. setback is identified on the development plan and on the condominium plat. According to Town of Vail records, there are 45 units of approximately 67,000 sq. ft. of GRFA. In 1990, a major amendment to Special Development Dislrict No. 4, requesting GRFA to construct additional dwelling units, was denied by lhe Town Council. The Town Council denied the request, stating that the GRFA would only be allowed for the construction of employee housing units. According to Town of Vail records, no other amendments have been made for Coldstream Condominiums since the development plan was adopted in 1978. ROLES OF THE REVIEING BODIES Special Development District and Major Amendment Order of Review: Generally, applications will be reviewed first by the Planning and Environmental Commission for impacts of useidevelopment, then by the Design Review Board for compliance of proposed buildings and site planning, and final approval by the Town Council. Plannino and Environmental Commission: The Planning and Environmental Commission is advisory to the Town Council. The Planning and Environmental Commission shall review the proposal for and make a tv. recommendation to the Town Council on the following: . Permitted, accessory, and conditional uses r Development standards including, lot area, site dimensions, setbacks, heighl, density control, site coverage, landscaping and parking . Evaluation of design criteria as follows (as applicable): 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.B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity.C. Parking And Loading: Compliance with parking and loading requirements as outlined in Chapter , Vail Town Code.D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans.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.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.G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation.H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function.L Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Desion Review Board: The Design Review Board has no review authority on a Special Development District proposal, bul must review any accompanying Design Review Board application. The Design Review Board review of a Special Development District prior to Town Council approval is purely advisory in nature. The Design Review Board is responsible for evaluating the Design Review Board proposal:. Architectural compatibility with other struclures, the land and surroundings . Fitting buildings into landscape . Configuration of building and grading of a site which respects the topography . Removal/Preservation of trees and native vegetation o Adequate provision for snow storage on-site . Acceptability of building materials and colors . Acceptability of roof elements, eaves, overhangs, and other building forms . Provision of landscape and drainage . Provision of fencing, walls, and accessory struclures . Circulation and access to a site including parking, and site distances . Location and design of satellite dishes . Provision of outdoor lighting . Compliance wilh the architectural design guidelines of the Lionshead Redevelopment Master Plan Slaff: The staff is responsible for ensuring that all submitlal 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 orocess. Town Council: The Town Council is responsible for final approval/denial of an amendment to a Special Development District. The Town Council shall review the proposal for the following: . Permitted, accessory, and conditional uses o Approval of development standards including, lot area, site dimensions, setbacks, height, density control, site coverages, landscaping and parking r Evaluation of design criteria as follows (as applicable): 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. t. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Parking And Loading: Compliance with parking and loading requirements as outlined in Chapter 10, Vail Town Code. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. Natural and/or Geologic Hazard: ldentification and mitigation of natural and/or geologic hazards that affect lhe propeny on which the special development district is proposed. 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. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and otf-site traffic circulation. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. B. D. E. \t, H. F. V.APPLICABLE PLANNING DOCUMENTS Town of Vail Zoning Regulations: Staff has reviewed the Town of Vail Zoning Regulations and believes the following sections are relevant to the review of lhis request: 12-94-1: PURPOSE: The purpose of the Special Development District is to encourage flexibility and creativity in the development of land in order to promote lts most appropriate use; to improve the design character and quality of the new development with the Town; to facilitate the adequate and economical provision of streets 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, shall establish the requirements for guiding development and uses of property included in the Special Development District. The Special Development District doeq not apply to and is not available in the following zone districts: Hillside Residential, Single-Family, Duplex, Primary/Secondary. The elements of the development plan shall be as outlined in Section 12-94-6 of this Article. 12-9A-2: DEFINITIONS: MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIEW): Any proposatto change uses; increase gross residential floor area: change the number ot dwelling or accommodation units; modify, enlarge or expand any approved special development district (other than "minor amendments" as defined in this Section), except as provided under Sections 12-15-4, "lnterior Conversions", or | 2-15-5, "Gross Residential Floor Area (250 Ordinancd" of this Title. UNDERLYING ZONE DISTRICT: The zone district existing on the property, or imposed on the property at the time the special development district is approved. The following Zone Districts are prohibited from special development districts being used: Hillside Residential, Single-Family, D u pl ex, P ri m ary/S eco nd ary. 1 2-94-6: DEVELOPMENT PLAN: An approved development plan is the principal document in guiding the development, uses and activities of a special development district. A development plan shall be approved by ordinance by the Town Council in conjunction with the review and approval of any special developmentdistrict. The development plan shall be comprised of materials submifted in accordance with Section 12-9A-5 of this Article. The development plan shall contain all relevant material and information necessary to establish the parameters with which the special development district shall develop. The development plan may consisl of, but not be limited to, the approved site plan, floor plans, building sections and elevations, vicinity plan, parking plan, preliminary open space/landscape plan, densities and permitted, conditional and accessory uses. 1 2-94-8 : D ES IGN C R ITERI A: The following design criteria shall be used as the principal criteria in evaluating the merits of the proposed special development district. lt shall be the burden of the applicant to demonstrate that subminal 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: 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. B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. C. Parking And Loading: Compliance with parking and loading requirements as outlined in Chapter 10 of this Title. D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. E. Natural And/Or Geologic Hazard: ldentification and mitigation ot natural and/or geologic hazards that affect the property on which the special development district is proposed. 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. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. H. Landscaping: Functional andaestheticlandscapingandopenspace in order to optimize and preserve natural features, recreation, views and function. l. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efticient relationship throughout the development of the special development district. 1 2-9A-9 : D EV ELOPM ENT STAN DAR DS : Development standards including lot area, site dimensions, setbacks, height, density control, site coverage, landscaping and parking shall be determined by the Town Council as part of the approved development plan with consideration of the recommendations of the Planning and Environmental Commission. Before the Town Council approves development standards that deviate from the underlying zone district, it should be determined that such deviation provides benefits to the Town that outweigh the adverse effects of such deviation. This determination is to be made based on evaluation of the proposed special development district's compliance with the design criteria outlined in Section 12-gA-B of this Article. 1 2-9A- 1 0 : AMEN D MENT P ROCED U R ES :A. Minor Amendments: 1. Minor modifications consistent with the design criteria outlined in subsection 12-9A-2 (definition of "minor amendment") of this Article, may be approved by the Department of Community Development. All minor modifications shall be indicated on a completely revised development plan. Approved changes shall be noted, signed, dated and filed by the Department of Community Development. 2. Notification of a proposed minor amendment, and a reportof staff action of said request, shall be provided to all property owners within or adjacent to the special development district that may be affected by the amendment. Affected properties shall be as determined by the Department of Community Development. Notifications shall be postmarked no laterthan five (5) days following staff action on the amendment request and shall include a brief statement describing the amendment and the time and date of when the Planning and Environmental Commission will be informed of the staff decision. ln all cases the report to the Planning and Environmental Commission shall be made within twenty (20) days from the date of the staff's decision on the requested amendment. 3. Appeals of stafl decisions may be filed by adjacent property owners, owners of property within the special development district, the applicant, Planning and Environmental Commission members or members of the Town Council as outlined in Section 12-3-3 of this Title. B. Major Amendments: 1. Requesfs for major amendments to an approved special development district shall be reviewed in accordance with the procedures described in Section 12-9A-4 of this Article. 2. Owners of all property requesting the amendment, or their agents or authorized representatives, shall sign the B. application. Notification of the proposed amendment shall be made to owners of all property adjacent to the property requesting the proposed amendment, owners of all property adjacent to the special development district, and owners of all property within the special development district that may be affected by the proposed amendment (as determined by the Department of Community Development). Notification procedures shall be as outlined in subsection 12-3-6C of this Title. (ord. 21(1988) S 1) Town of Vail Land Use Plan: Staff has reviewed the Town of Vail Land Use Plan and believes the following sections are relevant to the review of this request: Resort Accommodation and Service This area includes activities aimed at accommodating the overnight and short term visitor to the area. Primary uses include hotels, lodges, service stations, and parking structures (with densities up to 25 dwelling units or 50 accommodation units per buildable acre). These area are oriented toward vehicular access from 1-70, with other support commercial and business seruices included. Also allowed in this category, would be institutional uses and various municipal uses. Hiah Densitv Residential The housing in this category would typically consisf of multLfbored structures with densities exceeding 15 dwelling units per buildable acre. Other activities in this category would include private recreational facilities, and private parking facilities and institutional/public uses such as churches, fire stations and parks and open space facilities. 1.0 GeneralGrowth/Development Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and u pg rad ed wh e never possib I e. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 1.13 Vail recognizes its stream tract as being a desirable land feature as well as its potential for public use. 1.1 1.2 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 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. 5.4 Residential growth should keep pace with the marketplace demands for a full range of housing types. 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. VI. SITE ANALYSIS Zoning: Special Development District No.4 Land Use Plan Designation: Resort Accommodation and Service Current Land Use: Mixed Use Development Standard Allowed Existinq Proposed Lot Area: N/A 4,266,920 sq. ft. no change Setbacks*:Front: 20 ft. 20 ft. 20 ft.Sides: 20 ft. 20 ft. 15.8 ft.Rear: 20ft. 20ft. 20ft. Site Coverage: 60,984 sq.feet (35%) 29,442 sq.feet (1 6%) 29,604 sq.feet (1 6%) (Area B only) Landscape Area: 91,740 sq.feet (50%) 98,406 sq.feet (54%) 98,247 sq.feet (53%) (Area B only) - The adoptlng ordinance stales that there shall be a minimum setback on the periphery of the property not less than 20 fl. VII. SURROUNDING LAND USES AND ZONING Land Use Zonino North: Right-of-Way N/A South: Open Space (USFS) N/A East: Open Space (USFS) N/A West: Open Space OR Park and Open Space GU Commercial/Residential HDMF tx. A. THE SPECIAL DEVELOPMENT DISTRICT ESTABLISHMENT AND REVIEW PROCESS Chapter 1 2-9, Vail Town Code provides for the amendment of existing Special Development Districts in the Town of Vail. According to Section 12-9A-1, Vail Town Code, the purpose of a Special Development District is as follows: To encourage flexibility and creativity in the development of land, in order to promote its most appropriate use;to improve the design character and quality of the new development within the Town; to facilitate the adequate and economical provision of streets 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 properties underlying zone district, shall establish the requirements for guiding development and uses of property included in the Special Development District. An approved development plan is the principal document in guiding the development, uses, and activities of the Special Development District. The development plan shall contain all relevant material and information necessary to establish the parameters with which the Special Development District shall adhere. The development plan may consist of , but not be limited lo: the approved site plan; floor plans, building sections, and elevations: vicinity plan; parking plan; preliminary open space/landscape plan;densities; and permitled, conditional, and accessory uses. The determination of permitted, conditional and accessory uses shall be made by the Planning and Environmental Commission and Town Council as part of the formal review of the proposed development plan. Unless further restricted through the review of the proposed Special Development District, permitted, conditional and accessory uses shall be limited to those permitted, conditional and accessory uses in the property's underlying zone district. The Town Code provides nine design criteria that shall be used as the principal criteria in evaluating the merits of the proposed major amendment to a Special Development District. It 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 consistenl with the public interest has been achieved. CRITERIA FOR REVIEW Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, butfer zones, identity, character, visual integrity and orientation. The applicant is proposing a 158 sq. ft. addition, located 4.2 ft. into the required 20 ft. setback. When Special Development District No. 4, Cascade Village, was established, the adopting ordinance required that a minimum 20 ft. setback be maintained from the periphery of the Special Development District. Staff believes that this 20 ft. setback must be maintained. The proposed addition is located adjacent to the Town of Vail Gore Creek 10 stream tract. Staff believes that other opportunities exist which would allow the applicant to expand their unit without amending this setback requirement, including expanding to the south or minimizing the size of the expansion to the north. Staff believes that to maintain design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties, the 20 ft. setback requirement should not be amended. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The applicant is not proposing any changes to use, activity, or density (du/acre) which would impact the surrounding uses and activities. C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the vailTown code. The parking and loading requirements do not change with this proposal. Therefore, the proposal complies with Chapter 12-1 0 of the Vail Town Code. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. The goals contained in the Vail Land Use Plan are to be used as the Town's policy guidelines during the review process for the establishment of a special development district. Staff has reviewed the Vail Land Use Plan and believes the following policies are relevant to the review of this proposal: 1.0 GeneralGrowth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serue both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 1.13 Vail recognizes ils slream tract as being a desirable land feature as well as its potential for public use. 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 11 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. Residential growth should keep pace with the marketplace demands for a full range of housing types. 5.5 The existing employee housing base should be preserued and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. The Town of Vail Land Use Plan designates Cascade Village as Resort Accommodations and Service. Coldstream Condominiums is designated as High Density Residential. Staff believes the uses and activities proposed are in compliance with the policies, goals, and objectives identified in the Vail Land Use Plan. 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, the subject property is not located in any geologically sensitive areas. An lmprovement Location Certificate has been provided, indicating that the proposed addition is not located within the 100-year floodplain. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural leatures, vegetation and overall aesthetic quality of the community. Special Development District No. 4, Cascade Village, establishes a minimum setback from the periphery of the Special Development District of 20 ft. Staff does not believe that it is appropriate to deviate from this requiremenl. The 20 ft. setback requiremenl was established to provide a functional development that is responsive and sensitive to natural features, vegetation, and overall aesthetic quality of the community. The applicant is arguing that because the Coldstream Condominium Association has recently adopted Design Guidelines to guide redevelopment of the Coldstream Condominiums, the encroachment into the setback should be allowed. However, the applicant has clearly stated that they did not consider setbacks as a determining factor in their plan for redevelopment. Staff believes the Vail Town Code, and the Special Development District in which the property is located, should be an integral part of any development plan for the site and does not believe that the Vail Town Code or the Special Development District should be disregarded. Staff does not believe that a deviation should be granted from this setback requirement. A circulation system designed for both vehicles and pedestrians addressing on and off-site traff ic circu lation. The proposed addition will have no impact on the vehicular and pedestrian circulation system. 5.4 E. F. G. tz H.Functional and aesthetic landscaping and open space in order to optimize and preserve natural fealures, recreation, views and functions. The proposed addition is located on an existing deck and therefore will have no impact on landscaping and open space. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The proposed addition will not involve phasing which would impact the remainder of the Special Development District. Therefore, staff does not believe that this criteria is relevant to this application. STAFF RECOMMENDATION The Community Development Department recommends that the Planning & Environmental Commission forward a recommendation of denial to the Vail Town Council of the proposed major amendment to Special Development District #4, Cascade Village, Development Area B, to amend the setback requirements as indicated on the approved development plan, located at Coldstream Condominiums, Unit #25, 1476 Westhaven Drive /Lot 53, Glen Lyon Subdivision. The Staff's recommendalion of denial is based upon the review of the criteria outlined in Section lX of this memorandum and the evidence presented. Should the Planning and Environmental Commission choose to forward a recommendalion of denial of the applicant's request, staff recommends thal the following findings be made as part of a molion: 1. That the applicant has not demonstrated compliance with the following standards: 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. B. 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. 2. That a practical solution more consistent with the public interest is achievable, which would nol require a major amendment to Special Development District No. 4, Cascade Village. Should the Planning and Environmental Commission choose to forward a recommendation of approval of this request, staff recommends the following finding be made as part of a molion: 1. That the applicant has demonstrated compliance with the following X. 13 standards or has demonstrated that one or more of them is not applicable: A. Compatibility: Design compatibility and sensitivity to the immediate environmenl, neighborhood and adjacent properties relative to archilectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. C. Parking And Loading: Compliance with parking and loading requirements as outlined in Chapter 10, Vail Town Code. D. Comprehensive Plan: Conformitywith applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. 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. 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. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off-site tratfic circulation. H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. l. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. lf the Planning and Environmental Commission chooses to recommend approval of this request, staff recommends the following condition of approval: 1. The applicant shall submit a revised Development Plan for Area B. Cascade Village, which shall indicate that the revised setback along the northwest property line shall be amended from 20 ft. to 15 ft., prior to the Town Council's firsl reading of an Ordinance amending the setback requirements of Special Development District No. 4. ATTACHMENTS A. Reductions of olans B. Adjacent Notification xt. 14 D. E. F. Applicant's statement Vicinity Map Ordinance N0.5, Series of 1976 Ordinance No. 23, Series of 1998 15 Impro?ment Locations leeal description: il'#i.iiilit"25; tjoldstream Condominiums - Phase II, according to the plat approved by tfti to*tr of Vail on February 22, 1980, Eagte County, Colorado' I herebv certifu that the Impmvement locations shown arc bascd upon field measurements by me and the a"t" "fio*n oti oia approvid mndominium map of Coldstr€am Condominiums' Ttre Gore Crcek locations and 100 year flood plain are bascd upon field measurcments and the FEtt{A Fidilr;td *d plffiy r',tEi c"t-*itv-Panel No. 0800s+ oooa dated hv 2, 199*,...... n 9'zo -'zoaz-- Date Strean ltact ./','i;9 G'c'E -settscl-'* ooEDD!>-.?existing deck LC.E. i 9.\k\0.O- "fl s\'% Prooosed Enclosure Unit 26 N ffi \ry S *d€tt Unit 25 lST Floor dar.-Eo(X.2 Lhnd Lcchncr H.S 30916 County Rd. 356, Bu.nr vi6te, Co. 81211 ( 7l9l 395-91@ Attachment: A FPCF : JtKAtF?4Ar.l Fro( |.lo. : 952258859++ "/4 VAIL CASCADE ftEs(JRl. Ly t'lJshw.- Jul. 26 ?gAZ iAiL8Ftl (; t Nd I t:EL ?00A 'e0 tsnEhV',{Ephrps ji/'/{'W riT!!:lfiiitri.lr:llldleTl,?'s"' 24. 25, ?6, rO. at. ra, r.i. G The refinlrinr. c,r,r{lofifnio,l! hwc ca.ra(eo pialon0 ;f.. f; T i.1f,T,fltrtigg t rnae uvore il6'iii, Coldstream Condominlum$ g0'd {9704 476-6106 8e96-izo-01,6 rqrazr:M s seuloqi t e o 2'4'Vft'l,ohfil' carftdlw./ tl tot-h'wtL .:'rf, -w,rra- $r* ( ofla lNr \l?-r4 A*ltl: OC .t'-o" w. <fiP.q 9re€.!q&l&i, ,'-4' Kafrrar Rcaderce C{krarDCol*pd Vrl.C& nl er 6'4, ci.L " 60d 0eg8-lz9-018 EqjazJ?M s iEulor.ll !,!d q L:zt zocz'e0 isn6nv'^eprllEs .1:;f',1' ts r$ $ t s i'i !-ynn Friulen, Ata, rrOr,o., O Willianr F. Piero'- Ardritecl fhflnas R. Dl Boit Architect Stephanie lord-J(fi nson. Archite{n David Baum, Architetr lirrhv fl€dinF, Business Manager Eagle Pointe Condominiums 1500 Matterhorn Drive PoinB of Colorado do V-BCRp pO Box 36 Awn, CO 81620 Vaif Park Meadows 1472 Matterhorn Ddve Eldorado Reality s2g1 E.Yale Ave. Denver, CO go222 Millnce Phase lll 1335 Westhaven Drive Flower, Michael G. 2s011 Catherine Way Dana point, cA. 92629 rlot 52, 1415 westhaven Drive, single owner of both unis. Miller, Gary E 233 s. Wanon Rd SL Louis, MO 63124 Millrace Phase I do Don Maclachlan 1476 Westhaven Drive, Vail, CO 81657 Town ofVail 75 South Fronage Rd, Vail, CO S1652 - rlnformation gathered from Eagle County Assessors, Office on OglZ2lO2 by Charles Harrison 1650 fasl \iail Valley Drive. Fattriclge C.i, Vtil, CotJradr 31657 P r):r1..1 7 6.6:i.12 F: 970.476.4901 E: ixi0@vaiiairiife{*..nm w',!av. vai larchil(a1s.0:,in F Rr rz L E N # *. r r., . r,;,:::*T;* +, llrits rrEM MAYiFFERIIB(I- enQnrv 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 of the Municipal Code of the Town of Vail on September 23,2002, at 2:00 P.M. in the Town of Vail Municipal Building. ln consideration of: A request for a worksession to discuss a proposed major exterior alteration; a conditional use permit to allow for a fractional fee club in the Public Accommodation zone district; a variance from Section 12-7A-2 (Permitted Uses), Vail Town Code, to allow for retail uses in excess of 10% of the total gross residential floor area of the structure; and a variance from Section 12-7A- 10 (Landscaping & Site Development), Vail Town Code, to allow for a deviation from the total landscape area requirement, located at 20 Vail Road, 62 E. Meadow Drive, and 82 E. Meadow Drive/Lots K & L, Block 5E, Vail Village 1't Filing. Applicant: Sonnenalp Properties, Inc., represented by Braun Associates, Inc.Planner: George RutherMarren Campbell request for a recommendation to the Vail Town Council of a proposed major amendment to Special Development District No. 4, Cascade Village, Development Area B, to amend the etback requirements as indicated on the approved development plan, located at Coldstream Condominiums, Unit # 25, 1476 Westhaven Drive /Lot 53, Glen Lyon Subdivision. Applicant: James and Jane Kaufman, represented by Fritzlen Pierce Architects Planner: Allison Ochs A request for a final review of a final plat of Lots 11 and '1 2, Block 2, Vail Village 'l 2th Filing, and Tract C, Block 1, Vail Village 12th Filing, located at 3160 N. Frontage Road East and 3010 N. Frontage Road East and setting forth details in regards thereto. Applicant: Vail Mountain School, represented by Braun Associates, Inc. Planner: Russ Forrest A request for a recommendation to the Vail Town Council, to allow for text amendments to Title 11, Sign Regulations, Vail Town Code, and setting forth details in regards thereto. Applicant: Town of Vail Planner: Russell Forrest A request for a final review of a final plat for a major subdivision; a request for a final review of a conditional use permit to allow for a private educational institution and development plan approval to construct employee housing; and setting forth details in regards thereto, located at the site known as "Mountain Bell"/an unplatted piece of property, located at 160 N. Frontage Rd.ito be platted as Middle Creek Subdivision. A full metes and bounds description is available at the Community Development Department. Applicant: Vail Local Housing Authority, represented by Odell Architects Planner: Allison Ochs The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation,{-2 and the site visits that precede the public hearing in the Town of Vail Community Development ,. * ,i_,+; 6HJfi"#, ''ii!:.'llilliio"iJii'&#L?'t";:1,3;l' "'' ' uw'' u' vc.'r \"u'r'''u,''.' "'"='"tlJI;fF{{! TOrN OF VAIL \ d i t,11t: : !,!t-"i.t'.,\!..,','.,1,,:..:l O !l:rii;r:r:r ij ii,r,..'. rr1itiir,r I j lr. ,lr.:: il. {)r, liiji3, 'r.:cir;llrri $lt,i;t:irrl, i.i::1: j.)lrir:it']1, rr.,r'lrr|tf: Jil"iir: aiiirii|. .\.!rii i;lrii 1 .i:,1 .' ..lir tL :1, ij.i,. - r. \r,/ August 23, 20O2 Allison Ochs, Planner Town of Vail Department of Community Development 75 Vail Road Vail, CO 81657 RE: Kaufman Residence Unit 25, Coldstream Condominium Application for Major Amendment to SDD FRITZLEN pIRcT ARCI-I ITECTS VAIL, COTORADO Attachment: C Allison, Attached are: Application for Review by the Planning Commission for the above referenced Property Check for $1250 (per our discussions) Stamped, addressed envelopes and a list of adjacent owners Title Report Approval Letter from Coldstream Condominium Association Four copies of lmprovement Location Certificate (1" =2O'), plus one reduced copy Vicinity Plan Four Copies of Floor Plan indicating Existing and Proposed Addition Four Copies of photo of existing condition Four Copies of photo overlay indicating proposed addition Please accept the following material in support of the Application: 1. The Owner proposes to expand the lower level of an existing Condominium onto a portion of a LCE deck. 2. The proposed addition is below an existing deck, which is also covered. 3. A portion of the proposed addition encroaches into the Developer established SDD setback as indicated on the enclosed lLC. 4. The area of the proposed encroachment is about 25 sq. ft. in a triangular shape. 5. Although the proposed addition is situated along Core Creek, the setback from the stream centerline is about 78 ft. 6. The Owner has the option of claiming a small portion of the approximate 1 100 sq. fL of CRFA available in the Coldstream SDD or applying for a 250 sq. ft. addition for the proposed construction. 7. In that the addition is on an existing deck, there is no modification to existing landscape. A. The height of the addition is less than 10 ft. 9. There is not effect on sun/shade in that the area is already covered by a deck and roof above. 'l0. There is no additional parkint required for the addition. 11. The addition should not require an Environmental lmpact Report due to it's insignificant size. i1).:;i; L;ii i,'a!l \'.,irr:;'ii::i'. . 1.,:',t:'it'.'. .i. V,1:l i it!:,lti i;, ^ii:i.'l:t '::'|i .:!,'i\ {) 1"i',.. I <lf1i-ji.:ir. ';,,r i l: i:ri.;;i:i:r,,,i.,r tril.,,.{. il l'l) ,,.. s;..t.,, :.i ! li,. r..l r li i i 1.., .,i.1 i..yn4 |:rit2lrr. nf A, lrcliO FRITZLEN ?,*., ARCH ITECTS William f . Pi€.ce, Arcl:itcct Thomas R. Du Bo's, Ai-ihileci: Stephanle L0rd -.Joh ns on, Archit0c t David llaufi . Arcfiiterl VAIL. COLORADO TtfEfiifry" Business Date: To: From: Subject: CC: 9l13l02 Jim Kaufman Lynn Fritzlen Review of Setback Variance Bill Pierce Request Coldstream #25 This memo serves to articulate our position on the Request for a Major Amendment to the Cascade Village Special Development District. Pertinent Documents l. Coldstream Condominium Plat Phase I dated December 31, 2002 2. Coldstream Condominium Plat Phase lldated March 3, 1980 3. lmprovement Location Survey of proposed Additions to Unit #25 prepared by Leland Lechner licensed Surveyor dated: 8ll3l02 4. Title Commitment by Alta for Coldstream Unit #25. 5. Arhitectural Plans and Elevations of Proposed Addition 6. Letter of Approval from the Coldstream Condominium Association by Don McLauglin General Manager 7. Photos of development of adjacent properties located on the stream. 8. Town of Vail Criteria and Findings for a Variance I . Description of Request: A minor addition to Coldstream #25 of 87 square feet at the first level under an existing deck. Approximately 26 square feet encroaches into the rear setback. The proposed addition utilizes available site coverage and GRFA. Addition is within height restrictions and has the support of the association. 2. Type of Request I {i50 fast Vail V,1:i{rv lrrivi:. Fallridg(} C I, vail. (:ol{rrildo $ | ti5 / P I7C.4 76.6l.i ? F: .i70..176-4io l L. irllc'r',r I.r (l't'.tcl , ^rr '".;\,"{/. yiii:;l rCh iie{is -ii)fr l i-:\Vy'rrr,;ir)w.,\"f i:frlP: t:en-io io iilir io\lr'i 'Ji VniLdoc o RCE FRITZLEN PIE ARCH ITECTS VAIL, COLORADO The Town has determined that the encroachment into the rear setback requires a major amendment to the Cascade Village Special Development District. 3. Coldstream Condominiums General Coldstream Condominiums has been a successful townhome project that has a mix of second home-owners and permanent residents. Recently Coldstream has undertaken numerous repairs and improvements to their property to maintain their reputation as a quality, desirable multi-family residential complex. 3. Coldstream Remaining Development Potential Coldstream development has available GRFA associated with its underlying zoning as well as the potential to utilize the "250 Addition" allowance. lt also has available site coverage. Total build out under current zoning is significant. The Coldstream Condominium Association is attempting to address this potential creatively and responsibly. The association has acknowledged that there is a desire on the part of individual owners to improve and make minor additions to their units. Therefore they have recently developed guidelines to address this potential. 6. Response to Variance Criteria Following is the portion of the Town of Vail Code that addresses deviation from the underlying zone district standards I 2 - 9A- 9 : DEVELO PM ENT STAN DARDS: Development standards including lot area, site dimensions, setbacks, height, density control, site coverages, landscaping and parking shall be determined by the Town Council as part of the approved development plan with consideration of the recommendations of the Planning and Environmental Commission. Before the Town Council approves development standards that deviate from the underlying zone district, it should be determined that such deviation provides benefits to the Town that outweigh the adverse effects of such deviation. This determination is to be made based on evaluation of the proposed special development district's compliance with the design criteria outlined in Section l2-9A-8 of this Article. (Ord. 2I(I 988) I l) lii:ii) i.;:t'/,'rir j.r'i,:v i)frv{'j, fiiiriir,r L i , Vtii. '...0l,.rr,riii, iri; r:'i ' fr. 1],, i1..1 .'.':.ir ;.r .: J:: ':l t i,l. 'l ,'C..1!r,i' i.. tri lt,.;'vi.li:;::{:ai:l{:. !i,.,, ;rr I '.l!i)r,.,.r,,;)t I lial ji !..ti:li.i t,!?\ FRITZLEN,,?*., ARCH ITECTS VAIL. COLORADO 7. Response to Design Criteria Outlined in Section l2-94-8 Compatibility - lmpact of Encroachment on Adjacent Properties to the North of Coldstream. The Coldstream Property line sits back 50' from the center of the stream. Neighboring properties to the east and west have properties lines in the center of the creek and development has occurred within 30' of the creek centerline. Coldstream sits back a minimum of 70' from the stream center line. lmpact on neighboring properties of the rear property line will be negligible. Please refer to photos attached. Relationship to Surrounding Uses - Coldstream is not proposing a change in use as part of this application. Parking and Loading - Parking and Loading are located on the entrance side of the units and is not impacted by the addition. The recently adopted Coldstream Design Guidelines discourage additions and improvements into vehicle parking and circulation areas. Comprehensive Plan - The Association has recently adopted the Coldstream Design Cuidelines to address future development. Please look for our link at vailarchitects.com under Portfolio/Mixed Used Projects to review the standards. This is one of the first associations in the Vail Valley to take a proactive step to address future development of individual units. The goal of the new Coldstream Design guidelines is to encourage additions that match the proportions of the existing building envelope or infill areas already covered by roofs or decks. The purpose is to maintain the current architectural aesthetic and minimize impact on neighboring properties or vehicular and pedestrian access to entries. Additions to the sides or to the entry elevation will potentially have the highest impacts on neighboring units in the Coldstream complex. The rear portions of the buildings, adjacent to the stream, have been identified as the most desirable area to develop. lt is not the goal of the association or the original SDD approval to allow the extent of development to be solely determined by setbacks. Natural or Ceologic Hazard - No part of the Coldstream property sits in a hazard area or stream setback. A. B. c. D. E. l{"i5il ;;r r t,';ri l'ailt,l l-)tr,1i:'. f,irliii.;ilL: i: i. '.r)ij. i-.r:iiJt-it(j i li i h:: I :! it;.il. il :'(i. tr i .;.: i- r,! j Lj .X t, t ; ..1,:) {) : !.. ,:::C,,r',.,.:! ti (:i.: ii,,,,:_:1 i,riii rt :r.:!! t-,. i : r : i . : t i i; ( : :: . {. al : l FRITZLEN PIE F. Design Features - see item C. The majority of the units at Coldstream are set back from the property line in excess of 20' but there are several building corners that touch the property line. Coldstream Unit #25 is one of those units that touch. Refer to Condominium Plat. G. Traffic - see ltem B H. Landscaping - A landscape plan will be addressed in the Design Review Board submittal. l. Workable Plan and Phasing - The Coldstream Phasing Plan has been completed and no future phase is being contemplated or encouraged by the Association. 7. Conclusions and Recommendations In conclusion we are proposing that there is a mutual benefit to the Coldstream Condominium Association as well as the neighboring properties to thoughtfully and creatively direct development of additions and alterations of Coldstream Condominiums. The applicant and the Coldstream Condominium Association are recommending approval of minor encroachments in the rear setback contingent upon the following: I . The encroachment utilizes approved GRFA, density and site coverage only. Applications proposing to exceed approved development standards will not qualify. 2. The addition is consistent with the adopted Coldstream Design Cuidelines. 3. The area of encroachment does not exceed 100 square feet and does not encroach into platted or prescriptive easements. o RCE ARCHITECTS VAIL. COLORADO I650 l.rsi Vilii Vaijey Drive, f,illni:!qe C-- l , V"iil, i:iiior;lCo 3l657 ? 17lt .4 7 t) .Cti r'2 l' 9,r0.4 /6.4'.1(r I r,"tw.vaI i:li chi te{,i);.ccnl gruEgs$FH il'ul o o c o E E o (! <\ $t E .E (r, i5 E E 88'Eo ET :E .'l r\Y!< ood .-i C o II {rf .I E ET 1 C F f, =IE -v s o o o o *, E g T'c dr Attachment: F ORDINANCE NO.23 SERIES OF 1998 AN ORDINANCE AMENDING,OROINANCE NO. 8, SERIES OF 1995, REVISING GROSS RESTDENTAL FLooR AREA (cnrn), eurLorNc nircnr neouinerrrier.iis, aiii"'EM'LO'EE HOUSTNG pnOVtSrOr.tS rOn LO'S Se_r AND 3g_2, GLEN L'ON suBDrVrsroN, DEVELOPM.ENTiREA C, SDD r'ro. q icAlcnoe vrr_tqcElr 'neienr_rruc RES9LUTION NO. 10, SERIES OF 1982. WHrCH PNOVidLS SPECIAL PROVISIONS FOR ..tgls 1q-1 AND 3e-2, GLEN_LY_oN sUBDtVtstoN; oir_iirr.,rc oUTDATED coNDtIoNS AND REFERENCES TO EXptRED.DEVELOPMENT pl_,qr,rS; aNo SETTTNG FORTH DETATLS IN REGARO THERETO. WHEREAS, Hagopian and pennington, LLC, has requested an amendment to the existing speciar Deveropment District No. 4, Deveropment Area c, Lots 3g-1 and 39-2, Gren Lyon Subdivision; and WHEREAS. the planning and Environmental Commission has unanimously recommended approvar of the proposed buirding height, GRFA, and Emproyee Housing Unit restrictions for Lots 39-1 and 39-2: and WHEREAS, the Town Council considers that it is reasonabte, appropriate, and beneticiar to the Town and its citizens, inhabitants, and visitors to amend ordinance No. g, series of 1995 and repear Resorution No. ro, series of 1gg2 to provide for such chanqes in Special Development District No. 4, Cascade Villaqe. NOW. THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLOMDO. THAT: Ordinance No. 8, Series of 1995, is hereby amended as follows: Section 1. Resolution No. 10. Series of 19g2, is hereby repealed. Section 2. Amendment procedures Fulfilted, planning Commission Report. The approval procedures described in section 12-9A of the Vail Municipal code have been fulfilled, and the Town councir has received the recommendations of the planning and Environmental commission for an amendment to the deveropment pran for speciat Deveropment District No. 4. Ordinance 23, Series of 1998 o o Section 3. Special Development Oistrict No. 4 special Deveropment District No.4 and the deveropment prans therefore, are hereby remain approved for the development of special Development District No. 4 within the Town of Vail, unless they have expired. section 4' Speciar Deveropment District No.4, cascade Viflage sharr read as foflows; Purpose speciar Deveropment District No.4 is estabrished to ensure comprehensive deveropment and use of an area in a manner that wifl be harmonious with the generar character of the Town, provide adequate open space and recreationar amenities, and promore the objectives of the Town of Vail comprehensive plan. special Development District No. 4 rs created to ensure that the development density will be relatively low and suitable for the area and the vicinity in which it is situated, the development is regarded as complementary to the Town by the Town councir and the pranning commission, and because there are significant aspects of.the Special Development District which cannot be sa sfied throuon the imposition of standard zoning districts on the area. Definitions For the purposes of this chapter, the following definitions shall apply: A. "special attraction" shall be defined as a museum, seminar or research center or performing arts theater or cultural center. B. 'Transient residentiar dwefiing unit or restricted dwe ing unit,' shafl be defined as a dwerring unit rocated in a murti-famiry dweting that is managed as a short term rentar in which aI such units are operated under a singre management providing the occupants rhereof customary hoter services and facirities. A short term rentar shal be deemed to be a rentar for a period of time not to exceed 31 days. Each unit shan not exceed 645 square feet of GRFA which shal incrude a kitchen having a maximum of 35 square feet. The kitchen shal be designed so that it may be rocked and separated from the rest of the untt in a closet. A transient dwelling uhit shall be accessible from common corridors, walks, or balconies without passing through another accommodation unit, dwelling unit, or a transienr residentiar dwefling unit. shourd such units be deveroped as condominiums, they shat be restricted as set forth in section 13-7 condominiums and condominium conversions, subdivision Regulations. The unit shall not be used es a permanent residence. Fractional Ordinance 23, Sories of ,|998 fee ownership shalr not be aflowed to be appried to transient dweting units. For the purposes of determining alowabre ijensity per acre, transient residentiar dwefiing units sfiarl be counted as one harf of a dwefling unit. The transient residentiar dweling unit parking requirement sha, be 0.4 space per unit prus 0.1 space per each 1oo square feet of GRFA with a maximum of 1.0 space per unit. Established A Speciar Deveropment District No. 4 is estabrished for the devetopment on a parcel of land comprising g7.g55 acres as more particurarry described in the attached Exhibit A. special Development District No. + and the 97.955 acres may be refened to as,,sDD No. 4.@ B' The district sha, consist of four separate deveropment areas, as ictentified in this ordinance consisting of the following approximate sizes: Area Known As Cascade Vllage Coldstream Condominiums Glen Lyon Primary/Secondary and Glen Lyon Commercial Site Dedicated Open Space Roads TOTAL Development Area Aseage A 17.955 B 4.000 Single Famity Lots C 9.100 D 1.800 40.400 a 7n,n 97.955 Dev el op m ent P ! a n-Requi red-Ap prov al p roc ed u re Each deveropmenr area wilh the exception of Deveropment Areas A and D shafl be subject to a single development plan. Development Area A shall be allowed to have two development plans for the Cascade Club site as approved by the Town Council. The Waterford and Comerstone sites shall be allowed one devetopment plan each. Development Area D shall be allowed to develop per the approved phasing plans as approved by the Town Council. The developer shall have the right to proceed with the development plans or scenarios as defined in the development statistics section of this ordinance. Amendments to SDD No. 4 sha comply Section 12-9A of the Municipal Code. Ordinanco 23. Serle6 of i998 o Permitted Uses A. Area A. Cascade Village 1. First froor commerciar uses shal be rimited to uses risted in section 12-78_3, (commercial core 1). of the Municipal code. The ,'first floor. or ,,street level,, shall be defined as that floor of the building that is located at grade or street level; 2' An other floor revers besides first floor stree,ever may incrude retaii. theater. restaurant, and office except that no professional or business office shall be located on streer rever or first floor (as defined above) unress it is clearry accessory to a rodge or educational institution except for an office space having a maximum square footage of 925 square feet rocated on the first floor on rhe northwest comer of the praza conference Center building; 3. Lodge: 4. Multi-familydwe ing; 5. Singte Family dwe ing; 6. Primary/Secondarydwelling; 7. Transient residential dwelling unit; 8. Employee dwelling as defined in Section .12-13 of the Municipal Code; 9. Cascade Club addition of a lap pool or gymnasium. B. Area B, Coldstream Condominiums 1. Two-familydwellingi 2. Mutti-famitydwelling. C. Area C, Glen Lyon primary/Secondary and Single_Famity Lots 1 . Single family dwe ing; 2. Two-famity dwe ing. 3. Type lt Employee Housing Unit (EHU) per Chapt er 12-13,of the Municipal Code. D. Area D. Glen Lyon Commercial Site 1. Business and professional offices; 2. Employee dwelling as defined in Section 12_13 of the Municipal Code. o Ordinance 23, Series of l99B o Condlfional lJses conditionar uses shar be reviewed perrhe procedures as outined in chapter 12-16 0fthe Town of Vail Zoning Regulations. A. Area A, Cascade Village 1. Cascade crub addition of a wetness center not to exceed 4,500 square feet. 2. Fractional fee ownership as defined in the Town of Vail Municipal Code, section 12-2 sha, be a conditionar use for dweting units in the westhaven murti-famiry dweflings. Fractionar fee ownership shafl noi be appried to restricted employee dwelling units or transient residential dwelling units. Ownership intervats shall not be less than five weeks. 3. Special attraction; 4. Ski tifts: 5. public park and recreational facilities: 6. Major arcades with no frontage on any public way, street, walkway or mall area. B. Area B, Coldstream Condominiums 1. public park and recreational facilities: 2. Ski tifts. C. Area C. Glen Lyon primary/Secondary and Single-Family Lots 1. public park and recraationat facilities: 2. Ski tifis; D. Area D, Glen Lyon Commercial Site 1. Micro-brewery as defined in Town of Vail Municipal code, Chapter 12-2. Accessory Uses A. Area A. Cascade Mllage l. Minor arcade. 2. Home occupations, subject to issuanco of a home occupation permit in accordance with the provisions of Ti'e 12, Zoning Regulations, Tourn of Vait Municipal Code. o Ordinance 23, Sc.lcr of tggE v 3. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreationar facirities customariry incidentar to permitted residential uses. 4. Other uses customarily incidental and accessory to permttted or conditional uses, and necessary for the operation thereof. B. Area B, Coldstream Condominiums 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of rifle 12, Zoning Regurations, Town of Vair Municipal Code. 2. Attached garages or carports, private greenhouses, swimming pools, tenni; courts, patios, or other recreational facilities customarily incidental to permitted residential uses. other uses customariry incidentar and accessory to permitted or conditionar uses, and necessary for the operation thereof. C. Area C, Glen Lyon primary/Secondary and Single-Famity Lots 1. Home occupations, sub.iect to issuance of a home occupatton permit in accordance with the provisions of riue 12, zoning Regurations, Town of vail Municioal Code. 2. Attached garages or carports, privale greenhouses, swimming pools, tennis courts, patios, or other recreationar facirities customariry incidentar to permitted residential uses. 3. Other uses customariry incidentar ancr accessory to permitted or conditional uses, and necessary for the operation thereof. D. Area D, Glen Lyon Commercial Site 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Ti e 12, Zoning Regulations, Town of Vail Municipal Code. 2. Attached garages or carports, private greenhouses, sv/imming pools, tennis courts' patios, or othef recreationar facirities customariry incidentar to Dermitted residential uses. Ordinance 23. Series of l99g 3 .ther uses customariry incidentar and accessory to permitted or conditional uses, and necessary for the operation thereof. 4. Minor arcade. Location of Buslness Activity A' At offices. businesses' and shat be operated and conducted entirery within a building, except for permitted unencrosed parking or roading areas, and the outdoor dispray of goods. B. The area to be used for outdoor dispray must be rocated direcfly in front of the establishment displaying the goods and entirely upon the establishment,s own property. sidewalks, buirding entrances and exits, driveways and streets shaI not be obstructed bv outdoor display. D e n s ity- Dw e I I i n g tJ n its The number of dwelling units shall not exceed the followino: A. Area A, Cascade Village In Area A, " rinirur of three hundred fifty-two (352) accommodation or transient dwelring units and a maximum of ninety-four dwefiing units as defined by the tabres in Section 18.46.1 03 for a total density of two hundred seventy (270) dwelling units. B. Area B, Coldstream Condominiums Sixty-five (65) dwe ing units C. Area C, Gten Lyon primary/Secondary and Single-Famity Lots One-hundred four (104) dwelting units. D. Area D, Glen Lyon Commercial Site Three dwelling units, two of which shall be employee dwelling units as defined Chapter 12-13, of the Municipal Code . Density-FIoor Area A. Area A, Cascade Village The gross residentiar froor area (GRFA) for a[ buirdings shal not exceed 289.145 square feet. B. Area B, Coldstream Condominiums Sixty-five thousand square feet (65,000 sq. ft.) GRFA. Ordinanco 23, Serios of ig98 o C. Area C, Glen Lyon primary/Secondary and Single-Family Lots GRFA shat be carcurated for each rot per section 12-6D-g (Density contror) for the Pnmary/Secondary district of the Town of Vail municipal code. D. Area D, Glen Lyon Commercial Site The deveropment pran for this area has expired. see ordinance No. g, series of 1998 for previous requirements. Commercial Square Footage A. Area A, Cascade Village Area A shall not exceed 35,699 square feet of commerciat area. B. Area D, Glen Lyon Commercial Site The deveropment pran for this aree has expired. See ordinance No. g, series of 1 998 for previous requirements. Development Statistics for Area A. Cascade Village, and Area D, Glen Lyon Commercial Site CHART 1: Area A Completed projects W& H Smrrh. Vaunol Ordinance 23, Series of 1998 "'For the prJrposes ot catcutating GRFA fo. the Cosgriff parcel (Mithace lV), no credits sha be given except for 3OO s.f. to be allowed for €ach enctosed parking spaco. Ordinance 23, Series ot t99B o o AREA CHART 2: REOUIRED PARKING Development Plans site specific development plans are approved for Area A and Area D. The develooment plans for Area A are comprised of those plans submitted by Vail Ventures, Ltd. and other deveropers' The deveropment prans for Area D are compnsed of those orans submitted by the Glen Lyon Office Building, a Colorado partnership, The folowing ctocuments comprise the development plan for the SDD as a whote, Waterford. Cornerstone, Cascade Club Addition Scenario 1 and 2, Millrace lV, and Area D-Glen Lyon Commercial Site and is not all inclusive: 1 . Waterford, Sheet #L-2, dated 11-12_gZ, Landscape plan. Dennis Anderson.2. Waterford, Sheet#1.1, dated 11_13_92, Site/Grading plan Gwathmey, pratt, Schultz. 3. Waterford. Sheet#2.1, dated 11-13_92, ptan Level 38/43,3", cwathmey, prat, Schultz. 4. Waterford, Sheet #2.2, dated 11-13-92, ptan Levet 48,-6y53i-0., Gwathmey, Pratt, SchulE. 5. Waterford, Sheet#2.3, dated 11-13_92 plan Levet 59-0:/64-3,,by Gwathmey, Pratt, Schultz. 6. Waterford, Sheet #2.4, dated 1 14_92, plan Levet 69,_6y74,_9", Gwathmey, Pratt; Schultz. 7. Waterford, Sheet #2.5, dated 11-13_92, plan Level 80,_Oy8S,_3" Gwathmev. Pratt, SchulE. 8. Waterford, Sheet #2.6, dated 11_.13-92, plan Levet 90,-6,, Gwathmey, pratt, Schultz. 9. Waterford, Sheet #2.7, dated 11-13_92, plan Level 101 _o,,cwathmey, pratt, Schultz. Parking for Completed projects per Chart 1 tn Parking Spaces 449.9 Less 17.5% Mixed-Use Credit Total Required Parking at Build-Out of Area A in Cascade Structure Required Parking in Cascade Structure at Build-Out of Area A \Mth 17.50/o mixed-use credit Ordinance 23, Series of tggE 10. Waterford, Sheet #2.8, dated .11-13-g2, plan Level 11i,-6,, Gwathmey, pratt, Schultz. 11. Waterford, Sheet #2.9, dated 11_13_92, plan Level 122,_0,, Gwathmey, pratt, Schultz. 12. Waterford, Sheet #2.10, dated 12_14_92, Roof plan A Levels Gwathmey, pratt. Schultz. 13. Waterford, Sheet #3.1, dated 11_13-92. Elevations cwathmey, pratt, Schultz.14. Waterford, Sheet #3.2, dated j 1-13-92, Elevations, Gwathmey, pratt, Schultz.15. Waterford, Sheet#4.1, dated 11-4_92, Sections Gwathmey, pratt, Schultz.16. Waterford, Sheet #4.2, dated 11_4_92, Sections, Gwathmey, pratt. Schultz.17. Waterford, Sheet #4.3, dated 1j-4_92, Sections, Gwarnmey, pratt, Schultz.18. Waterford, Sheet #g_1, dated 10-20_92, Unit plans cwathmey, pratt, Schuttz.19. Waterford, Sheet #9.2, dated 10-20_92, Unit plans, Gwathmey, pratt, Schultz.20. Waterford, Sheet #9.3, dated 10-20-92, Unit ptans Gwathmey, pratt, Schultz.21. Waterford, Sheet #9.4, dated 10-20-92, Unit plans, Gwathmey, pratt, Schultz.22. Waterford, Sheet #9_5, dated 10.20-92, Unit plans Gwathmey, pratt, Schultz.23. Cascade Club Addition Site plan, Roma, 10/10/88. 24. Cbscade Club Floor plan, Roma, .10/10/88. 25. Mittrace lll, Sheet #1, dated 5/6/93, Site ptan, Steven James Riden.26 Mirrrace lt, sheet #2. dated 4i13193, Froor prans for singre Famiry Residence. Steven James Riden. 27. Mi race llt, Sheet #3. dated 5i6l93, Etevations for Singte Family Residence, Steven James Riden. 28. Milfrace lll, Sheets #4 and #5, dated 3r2Ltg3, Floorplans for Duplex Building, Steven James Riden. 29. Mi race lll, Sheets #6 and #7, dated 5/6/93, Elevations for Duplex Building, Steven James Riden. 30. Miltrace lll, Sheet L1, dated 5/6/93, Site/Landscape ptan, Steven James Riden.3l Mirrrace rv, Scenario r. a/k/a cosgriff parcer, site pran, Arnord Gwathmey pratt, 10t28t91. 32. Millrace lV, Scenario l, a/k/a Cosgriff parcel, Elevations Arnold Gwathmey pratt, 10t22t91. 33' Mirrrace rv, scenario r, a/k/a cosgriff parcer, Froor prans Arnord Gwathmey pratt, 10t23t91. 34. Millrace lV, Scenario l, a/k/a Cosgriff parcel, Landscape plan, Dennis Anderson Associates- 35. Cosgriff parcel, Survey, Alpine Engineering, Inc., 10/31i91 stamped.36. Survey, a part of Cascade Village, Eagle Valley Engineering, Leland Lechner, 6tat87. 37 . Site Coverage Analysis, Eagle Valley Engineering, 1 O/10/Bg. Ordinance 23, Series ot 19gB 38. cascade vilrage special Deveropment District Amendment and Environmental lmpact Report: peter Jamar Associates, Inc., revised 1.1/22lgg. " A maximum of 1000 sq. ft. of common area, in addition to the approved plans, may be added to the waterford project to aflow for compriance with the Uniform Buirding code, uniform Fire code and American Disab ities Act. The stafi sharr review a|| such additions to ensure that they are fequired by such codes. Area C, Glen Lyon primary/Secondary and Single Family Lots 1. Building Envelopes for Lots 3g-.1 and 39-2 per sheet. L_1 , prepared by Design Workshop, Inc., dated 1.1-9_98. Area D, Glen Lyon Commercial Site The development plan for this area has expired. see ordinance No. g, series of 199g for previous requirements. Development Standards The development standards set out herein are approved by the Town Council. These standards shall be incorporated into the approved development plan pertinent to each development area to protect the integrity of the development of sDD No. 4. They are minimum development standards and shall apply unless more restrictive standards are incorDorated in the approved deJelopment plan which is adopted by the Town Council. Setbacks A. Area A, Cascade Village Required setbacks shall be as indicated in each development plan with a minimum setback on the periphery of the property of not less than twenty feet, with the exception that the setback requirement adjacent to the existing cascade parking structure/athretic crub buirding sha|| be two feet as approved on February 8, 19g2, by the Planning and Environmental commission. All buildings shall maintain a 50 foot stream setback from Gore creek. The waterford buirding sha[ maintain a minimum 20 foot setback from the north edge of the recreational path along Gore Creek. B. Area B, Coldstream Condominiums Required setbacks shall be as indicated on the development plan. C. Area C, Glen Lyon primary/Secondary and Single-Family Lots Required setbacks shall be governed by Section 12_6D-7 ofthe Primary/secondary zone district of the Town of Vair Municipar code. For singre-famiry Lots 39-1 and 39-2, deveropment shart occur per the approved buirding enveropes and rs subject to the following: . Alr future deveropment wifl be restricted to the area within the buirding enveropes. The only development permitted outside the building envelopes shall be randscaping, driveways (access bridge) and retaining waIs associated with driveway construction. At-grade patios (those within 5'of existing or finished grade) wifi be permitted to project beyond the buirding enveropes not more than Ordinance 23, Series of 1998 o o ten feet (10') nor more than one-half (z) the distance berween the buitding envelope and the property line, or may project not more than five feet (5,) nor more than one-fourth (3) the minimum required dimension between buirdings.D. Area D. Glen Lyon Commercial Site Required setbacks shall be as indicated on the approved development plans.Height A. For the purposes of SDD No. 4 calculations of height, height shall mean the distance measured verticary from the existing grade or finished grade (whichever is more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the highest ridge rine of a sroping roof unress othenrrrise specified in approved deveropment plan drawings. B. Area A, Cascade Village i. The maximum height for the Westin Hotel, CMC Learning Center, Terrace Wing, plaza Conference Building and Cascade parking Structure/Athletic Club is 7.1 feet_ 2. Cornerstone Building: Maximum height of 71 feet.3. waterford Buirding: Maximum height of feet as measured from finished grade to any portion of the roof along the north elevation shall be 55, (South Frontage Road), 56'along the west elevation Westhaven Drive, and 65 feet alon! the south and east elevation as measured from finished grade.4. Westhaven Building: A maximum of 55 feet. 5. Millrace lll: A maxtmum of 36 feet. 6. Millrace lV: A maximum of 36 feet. 7. Cascade Club Addition: A maximum of 26 feet. 8. Cascade Entry Tower: A maximum of36 feet.9. The remainder of buildings in Area A shall have a feet. maximum height of 48 C. Area B. Coldstream Condominiums The maximum height shall be 48 feet_ D. Area C. Gten Lyon primary/Secondary and Single_Fam,ty Lots The maximum height sha, be 33 feet for a sroping root and 30 feet for a frat or mansard roof. E. Area D_ Glen Lyon Commerctat Site 51% of the roof shall have a height between 32 and 40 feet. 49% of the roof area sharl have a height under 32 feet. on the perimeter of the buirding for Area D, height is measured from finished grade up to any point ofthe roof. on the interior area of any building' height is measured from existing grade up to the highest poinr ofthe roof.Development plan clrawings shall constitute the height allowances for Area D. O.dinanca 23, Serie! of 1998 13 o o Site Coverage Areas A & B: No more than 35% of the total site area shall be covered by buildings, provided, if any portion of the area is deveroped as an institutionar or educational cenlet, 41o/o of the area may be covered unless otherwise indicated on the site specific development plans. Area C: No more than 25% ofthe total site area shall be covered by buildings. unless the more restrictive standards of Chapter .12-21 of the Vail Municipal Code apply. Area D: No more than 370/o of the totar site area shal be covered by buirdings and the parking structure. Landscaping At least the fotowing percentages of the totar deveropment area shat be randscaped as provided in the development plan. This shall include retention of natural landscaoe. if appropraate. Areas A and B, fifty percent, and in Areas C and D, sixty percent (60%), of the area sharr be randscaped unress othe*ise indicated on the site soecific development plans. Parking and Loeding A. Aiea A, Cascade Village 1. Off-staeet parking shall be provided in accordance wth Chapter 12_10, except that 75% of the requifed parking in Area A shan be rocated within a parking structure or buildings with the exception of Millrace rv, scenario l. where . 66.6% of required parking shall be enclosed in a building. _ 2. There shall be a total of 421 spaces in the main Cascade Club parking structure. A 17.S percent mixed-use credit per the Town of Vail parking code, has been appried to the totar number of required parking spaces in the cascade structure. 3. There shall be a total of Sg on_site parking spaces on the Waterford building site with a minimum of 750l" of the required space located below grade. No mixed use credit shall be applied to this site. 4. There shall be a minimum of 93 enclosed parking spaces located within the Cornerstone building with 37 of the required spaces avaitable to the public for short{erm parking. No mixed use credit has been applied to this lot.5' The third floor of the cascade parking structure sha, not be used to meet any parking requirements for accommodation units, transient residentiar dwetini) . unils, employee dwelling units or dwelling units. 6. Phasing: Arr required parking for cornerstone and waterford shar be located on their respective sites. All required parking for the Cascade Club weflness center Addition scenario 1 shal be provided in the cascade parkino structure. Ordinsnce 23. Series ol199g 14 7. seventy-five percent of the required parking shal be rocated within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm for Westhaven Condominiums, and Millrace lll.8. All loading and delivery shall be located within buildings or as approved jn the development Dlan. Area B. Coldstream Condominiums Fifty percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm. Area C, Glen Lyon primary/Secondary and Single-Family Lots Off-street parking shall be provided in accordance with Chapter t 2_10 of the Municipal Code. Area D, clen Lyon Commercial Site 7. Once the parking structure ts constructed, the parking and access to Area D shall be managed per the TDA parking Report, parking Management Section, pages 6 and 7, August 10, 1988, and TDA Report, Vait Brewery parking Analysis update, dated January 16, 1990, both written by Mr. David Leahy.8.' No loading or delivery of goods shall be allowed on the public right_of-way along the South Frontage Road adjacent to the Area D development.9. The owner ofthe property and brewery management shall prohibit semFtruck and trailer truck traffic to the Glen Lyon Commerciat site. The only truck loading that shall be allowed to the site shall be vans havrng a maximum tength of 22 feet. Recreation Amerrities fax Assessed The recreationar amenities tax due for the deveropment within sDD No. 4 under chapter 3.20 shall be assessed at a rate not to exceed twenty-five cenrs per square foot of the floor area in Development Area A; and at a rate not to exceed fifty cents per sqi.rare foot of GRFA in Development Area B; and at a rate not to exceed fifteen cents per square foot of GRFA in Development Area C; and at a rate not to exceeo seventy_five cents per square foot of floor area in Development Area D; and shall be paid in conjunction with each construction phase prior to the issuance of building permtrs. C onsev ati on and pot t uti o n Co ntro I s A The deveroper's drainage pran shat incrude a provision for prevention of potulion from surface runoff. B. The developer shall include in the building construction, energy and water conservation controls as general technology exists at the time of construction_C. The number of fireplaces permitted shall be as set forth an lhe Town of Vail Municipal as amended. D. lf fireplaces are provided within the development, they must be heat efficient through the use of grass encrosures and heat circurating devices as technorogy exists at the time of development. ct n Ordinanco 23, Series of 1998 15 E. All water features within per the recommendation of the Area A shall have overflow storm dratns lmpact Report by Jamar Associates on Page 34. F. All parking structures shall have pollution control devices ro prevent oil and dirt from draining into Gore Creek. G. In Area D, a manhole on the brewery service line shall be provided so that the upper Eagre Va||ey consolidated sanitation District may monitor BoD strength..H. In Area D, the brewery management shall not operate the brewery process during temperature inversions. rt sha'be the brewery owne/s responsibirity to monitor anversions. r' A',trash compactors and trash storage areas shat be compretery encrosed within Special Development District 4. J' Protective measures shafi be used during construction ro prevent soir erosion into Gore Creek, particularly when construction occurs in Areas A and D.K. The two employee dwelling units in Area D shall only be a owed to have gas fireplaces that meet the Town of Vail ordinances governing fireptaces. Additional Amenities and Approval Agreements for Special Deve!opment District No. 1. A The deveroper shat provide or work with the Town to provide adequate private transportation services to the owners and guests so as to transport them from the deveropment to the vifiage core area and Lionshead area as ouained in the aooroved clevelopment plan. B. Area A, Cascade Village l The deveroper sha, construct a sidewark that begins at the entrance to rhe cascade crub arong westhaven orive and extends to the west in front of the wesrhaven buirding to connect with the recreationar path to Donovan park. The walk shall be constructed when a building permit is requested for Westhaven Condominiums. The sidewalk shall be part of the building permit ptans. The sidewark shat be constructed subsequent to the issuance of a buirding permit and prior to the issuance of a temporary certificate of occupancy for Westhaven Condominiums. 2. The deveroper shal provide 1oo-year floodprain information for the area ad.iacent to the Waterford and Cornerstone buildings to the Town of Vail community Deveropment Department before buirding permits aie rereased for . either project. 3. Cornerstone The development plan for this area has expired. See Ordinance No. g. Series of 1998 for previous requirements. 4. The Ruins / Westhaven Condominiums The deveropment pran for.this area has expired. see ordinance No. g. series of 1998 for previous requiremenls. o Development Environmental Ordinanc. 23. Series ot t99B C. Area D, Glen Lyon Commercial Site The deveropment pran for this area has expired. see ordinance No. g, series of 1999 for previous requirements. Employee Housing The deveropment of sDD No. 4 wi, have impacts on avarrabre emproyee housing within the upper Eagre Vatey area. In order to herp meet thrs additionar emproyee housing need' the deveroper(s) of Areas A and D shat provide emproyee housing on site. The deveroper(s) of Area A sha, buird a minimum of 17 emproyee dwetang units within Area A Westhaven condominium buirding (Ruins), 3 within the cornerstone Buirding and 2 within the Liftside (waterford Butding). Each emproyee dweting unit in the westhaven Condominium Building (Ruins) shall be deed restricted as a Type lll EHU. Each emproyee unit in the cornerstone Buirding sha| have a minimum square footage of 600 square feet. There shat be a totar of 2 emproyee dwering unats in the waterford Building' one sha, be a minimum of 300 square feet and the other a minimum of 800 square feet. The deveroper of Area D sha, buird 2 emproyee dwerrrng units in the Area D east buirding per the approved pran for the East Buirding. In Area D one emproyee dwefling unit shall have a minimum GRFA of 795 square feet and the second employee dwelling unit shall hbve a minimum GRFA of 900 square feet. The GRFA and number of employee units shall not be counted toward allowable density or GRFA for SDD No. 4 All Employee Housing Units shall be deed restricted per Chapter 12.13, as amended, of the vair Municipar code prior to issuance of buirding permrts for the respective proiect. In Area C, Lots 39-1 and 39_2, shalt be required to provide a Type ll, Employee Housing unit (EHU) per chapte.r2-13 0f the zoning Regurations of at reast 500 sq. ft. each. on each rot. These rots sha'not be entired to the 500 sq. ft. of additionar GRFA. The 500 sq. ft. shafi be incruded in the aflowabre GRFA on these rots. Each rot sha, arso be entifled to 300 sq. ft. of garage area credit for the emproyee housing unit, in addition to the 600 sq ft garage area credit atowed per residence. The driveway width of .12 ft is atowed to remain (no increase in driveway width is requrred) for a, atowed/required dwelling units and employee housing on these lots. Time Requirements sDD No 4 sha' be governed by the procedures outined In section 12-9A of the Town of Vail Municipal Code. Section 5. lf any part, section, subsection, sentence, crause or phrase of this ordinance is for any reason held to be invarid, such decision shal not affect the varidity of the remarnrng portions of this ordinance; and the Town councir hereby decrares it wourd have passed this ordinance, and eacn pa(' section' subsection, sentence, crause or phrase thereof, regardress of the fact that Ordinance 23. Se.ies of 1998 any one or more parts, sections, subsections, sentences, clauses or pnrases be declared invalid. Section 6. The repeal or the repear and re-enactment of any provisions of the Vair Municipar code as provided in this ordinance shafi not affect any right which has accrued, any duty imposed, any vioration that occurred prior to the effective date hereof, any prosecurion commenced, nor anv other action or proceeding as commenced under or by virtue ofthe provision repeared or repeared and reenacted. The repear of any provision hereby shat not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repeared to the extent onry of such inconsistency. The repealer sharr not be construed to revise any byraw, order, resorution or ordinance, or part thereof, heretofore repealed. INTROOUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED oNcE rN FULL oN F,RST READTNG this 1sth day of December, r998, and a pubric hearing foi second reading of this ordinance set for the sth day of January, 199g. in the )\d ti (r ,.<1 c- Donaldson, Town Clerk READ AND APPROVED ON SECOND sth day of January, 1999. REAOING AND ORDERED PUBLISHED tN FULL this Ordinanc6 23, Series of l99g o Vril-Rosg A pan of the SW I/4 NE P.M., dcsiribed as follows: 'e EXHII]IT "A" KOELBEL PROPERTY DEVELOPMENT AREA A 12.370 acr.es l/4 of Scction 12, Township 5 South, Range gl West of the 6th Beginning ar a poinr on the wesr rinc of sai, sw r/4 NE r/4 from which the Nonh onc-quartcr corncr ofsaid scction bcars Nonh 0'r5' Erst 2269.4g rect; thencc Nonh o; is:errL along said wcst [-inc' | 52.36 fcct to a point on thc southeasterry r.rght of way linc of tJ. S.Highway No. 6; thence, along said Southeaster.ly right of way line, as follows: Nonh 52'27' East, 102.3 I feetl Norrh 49.20,East,519.57 fccr; and Nonh 43" l3' Easr, 549.09 fccr, morc or ress, ro a point on the Norrh rine ofsaitr sw l/4 NE l/4; thence Nortb 88'i3'Easr, arong the Norrh rine oisaid sw l/4 NE, :os reet, *ore o,l less, to a point on the ccnterline ofGoriCreck; thence, otong the centerline ofGor. b;;h;;follorvs: South l6'49' West, 101.0-l fcet: South 18"21, Wcst, 54.08 fcct; South l'24' Wcst, 205.02 fcct: South 12"10'Wcst, ll0.25fecr; and south 28"41'wesr.242.35 rcet, thcncc Sourh 75"15' wesr, 1064.10 feet to rhe poinr of bcginning. Rosc l)arccl J.l9o acr.cs A rr0o of land sirurtcd in rhc SWI/4NEl/4 of Scoion 12, Tp 5 S., R. ltl W., of thc 6tn P.lvt., lying Southerly of that cerrain nac of rand describcd in Book l99,elg. rsz, Nonrr.rri'ana westerly of the center rine ofGore creek, and lying Norrheriy and Easterry ofrhose cerlain fracrs described in Book 2r I at page r06, Book 2r I ar plgc tos ario eoot 2r5 at page 365, describea as follorvs: Beginning at a point on rhe Nonh-Sourh center line of said Section r2 rvhencc the Nofth quaner comcr of said Scction l2 bcars N. 00" 15, E. 2269.4g feer; rhencc N. 75" l5' E. 146-26 fccr.to_ rh^c tluc point ofbcginning, said point bcing on thc SoLrth linc ofthat tract dcsc'itrcd in Book r99, n^g" toz "nJ,,Jnich bcars S. 0g"26, E. 2205.34 f-eet from thc Norrh quarrcr corncr of said Section-I2: rhcncc N. 75 " I 5' E. 7 l 7.g4 reet arong the soLrtherry line of thar n.act described in Book 199, Pagc 197 to rhe ccnrcr of Gorc Crcck; thcncc S. 2f{.41, W. 130.61 fcct along rha ccnter. line of said Crcek;thcncc S. 05.24'30,' E. l0.l 50 fcct along the ccnrcr linc of said Crcck;rhencc S. 49"29, W. 95.50 lccr along rhc ccnrer line of said Creek:thcncc S. 22"34, W.12.4.4j tcct along thc ccntct. linc of said f,rcck;thcncc S. 54.00,W_ | lg.l4 fco along thc ccnrcr linc ofsaid Cr.cck; to thc Southcast corner of rhat cerlain rrao of land dcscribed in Book 2l I, page l0g; thcncc N. 33' t 6'30" w. r40. | 2 fecr arong thc Eaircrtl rinc of thar tracr dcscribcd in Boor 2l I at Page t08; thcncc N 57" 42'30" w. 169.88 lcct along lhc Norrhcasterly linc ofthat tr-act dcscribcd in Book ll I at Pagc 108; rhcncc N. 86'02'10" w. r62.92 fcct arong thc Northcr.iy rinc of thosc tracts dcscdbcd in Book 2ll at Pagc tOti, Book 2ll at pagc 106 rJa poinq thcncc N. 32" 57'30" w. 76.09 fect arong thc Norlheasterly rinc ofthat ract described in Book 215 at Page 365, to thc point ofbeginnin!. Fl.r,cryon!'Uom\Ioclbll.tcE ''u' b,O o o ,a ( Attachment: E oRDrtrANcE No. 5 series ot t373- AN ORDINANCE ESTABLISHING SPECIAL DEVELOPI4ENT DISTRICT 4 AND AI4ENDING THE ZONING ORDIIIANCE AND THE OFFICIAL ZONING MAP. IIHEREAS, Article I, Section 1.20I, of the Zoning Ordinance, Ordj.nance No. 8, Series of L973, of the Torrn of vail, Colorado, as amended, established thirteen zoning dis- tricts for the nunicipality, one of which is the Special DeveLopment District t I{HEREAS, Mansfield Corporation and Gore Creek Associates. Iimited fartnership, submitted as o$rners applications requesting that the Tor,rn establish Special Development District 4, hereinafter referred to as "sD ", for the development on its parcel of land comprising 97.52 acres in the portion of the Lions Ridge area, County of EagLe, State of Colorado, which was annexed to the Tovrn effective on the ISth day of December, 1975; WHEREAS, the establishment of the requestecl sD4 will ensure unified and coordinated development and use of a critical site as a whole and in a manner suitable for the area in which it is situated; and VIHEREAS ' the Town Council eonsiders that it is reasonable, appropriate, and beneficial to the Town and its citizensr inhabitants, and visitors to establish saiil sD4; NOW, THER.EAORE I BE IT ORDAINED BY THE TOWN COUNCIL oF THE TOVIN OF VAII, COLORADO, AS FOLLOWS I Section I. Title. This ordinance shall be known as the "Ordinance Establishing gpecial DeveloPtnent District 4" ' section 2. Amendment Procedures F:1fi1led; Planning Conmission Report. The amendment procealures Prescribe'l of the Zoning Ordinance have been fully complied Council has received the report of the Planning in Section 2I- 500 with and the Town Commission recorunending 1 '..-'o ffi;.clerk-- ( oo the enactment of this ordinance. Section 3. Special Developnent District 4 Establlshed, Amendments to Zoning Ordinance and Official Zoning :4ap. pursuant to the provisions of Artrc.Les .L, 13, and 2L of the Zoning Ordinance, Ordinance No. B, Series of L973, of the Town of Vail, Colorado. as amended, Special Development District 4 (SD4). a special development zoning district, is hereby established for the development on a certain pareel of land cornprising 97.52 acres in the Lions Ridge area of the Tovrn, and the Zoning Ordinance and the Official Zoning Map are hereby amended by the addition of the following provisions which shall becorne the Fourth Chapter of Article 13, the caption of which shall be ,,Special Devel-opmenr Dj.strict 4", and a rnap which sha1l become an addition to the Official zoninqf Map: A. purposes. Special Development Disrrict 4 is established to ensure comprehensive deveropment and use of an alea in a manner that wj-1l be harmonious with the generaL character of the Town, provide adequate open space and recreational amenities, and promote the objectives of the Zoning ordinance, Special Develop_ ment District 4 is created to ensure that the development d.ensity wj.ll be reJ-atively low and suitable for the area and the vicinity in which it is situated, the developnent is regarded as complenentary to the Town by the Tovrn Council and the planning Comrnission, and there are significant . aspects of the special- _deve lopment which cannot be satisfied through the imposition of stand.ard. zoninq districts on the area. B. Special Development District 4 Established. (I) Special Development District 4 is established for the development on a parcel of land comprising 97.52 acres as more particularly described in Exhibit A Legal Description attached hereto and made a part hereof; Special Developnent District 4 and said 97.52 acres may be referred, to as ,'sD4". (2) The District shal_I consist of four separate ) <v =-i j-t-.-.--t--town L,l.erK -2- ' '! (o o ,o o *\Y Iown Llerk ,o i development areas, as identj-fied on the of the following approximate size: DEVELOPMENT AREA attached map consi sting ACREAGE A 16.82 B 20+ c 5?+ D 3+ Development Area A is now owned by the Uansfield Corporation, nomi.nee. Development Areas B, C, :rlrd D are now owned. by Gore Creek Associates, a limited partnership organized uDder the laws of the state of colorado. C. Development Plan Required. (f) Before the ouner commences sit.e preparation, buildlng construction o! other improvments withln SD4, there shall be an Approved Development plan for SD4. Development of SD4 may be phased by Development Area ancl within Development Area but a sufficlent amouDt of information shall be supplied with respect to all Development Areas in order to allow the planning Commission and Town Council to ensure the compatability of any proposed Development Plan with the remaLnder of SD4. (2) Each Development Area shatl be subject to a single Development Plan. Development plans for a portlon of Development Area must comply wlth the provisions, terms, and conclitions of the Development Plan for the Development Area. (3) A Proposed Development plan for SD4 sball be sub_ mitted to the Zonlng Administrator who shalI refer the Development PLan to the Planning Commission and to the Design Revj.ew Board, which shall conside! the plan at a regularly scbeduled meeting, and a report of the Planning Commission setting forth its findings and recommendations sball be transmitted to the Town Counci-I in ac_ cordance with the appticable provisions of Artlcle 2I hereof. L -3 ,o (4) Upon leceipt of the proposed Development plan and Planning corrunission report, the Town councir sharl determine whether the plan is acceptable to the Town i-n accordance witrr the applicable provisions of sections 2l.sos and 21.506 hereof. Thrs determination by the Town council sharl be made through its enactment of an ordinance amepding the provisions of SD4 to incorporate the Development PIan as an amenclment thereto, and shall become the approved Developnent plan, (5) The Approved Development plan shall be used as the principa] guide for arl development rvithin sD4. Amendemnts to an Approved Development plan which do not change its substance and wh j.ch are duly recommended in a report of the planning Commission may be approved by the ?own Council by resolution. Each phase of development shall require, prior to issuance of building permLts, approval of the Design Review Board in accordance with applicable provisions of Article l5 hereof. D. Contents of proposed Developne[t plans, (]) Before any site preparation, buitding constructl-on or improvements of any area within SD4, the developer shall submj.t to the Zoning Adnj"nistrator an overall Environmental Impact Reporr for SD4 in accordance with the applicable provlsions of Article 16 hereof; provided that such overall Environmental Impact Report shalI be suppremented wi-th respect to each Deveropment Area as hereinafter prov ided. (2) A Proposed Development plEn shall include, but is not limited to the following data: o t t I. The complete Environmental Impact Report together with a SuppLenental bnvironmental Impact Repolt which brlngs the orlginal Report to a current status, supple;entirg such report witb respect to the DeveloD_ment Area or Development Areas involved and is acceptable to the Zoning Adminj.straror. 2. Exlsting contours having contour intervals of not more than five (5) feet if the average slope of the site is 20 per cent or less with contour intervals or nor mo!e. than ten (10) feet if tbe average slope 9f the site i.s greater that 20 per c6nt.Existing and proposed contours after graaing for each phase. o o 3.A conceptual site p1an, at a scafe not smalLer that one (I) inch = 40 feet, showing the locations and dimensj-ons of all buildings and structures, uses therein, and all principal site development features, such as J.andscaped areas recreati-onal facillties, pedestrial pfazas and waLkways,service entries, driveways, and off-street parking and Ioadj-ng arcas. A preliminary landscape plan, at a scale not smaller than orre (1) inch =40 feet, sbowing existin€: landscape features to be retai-ned or removed, and showing, proposed landscaping and landscaped site development features,such as an outdoor recreatj.onal facilities,bicycle paths, trails, pedestr i an pfazas and walkways, water features and other elements for each development area. Preliminary building elevations, sect ions ,and floor plans, at a scale not smaller than 1/8 inch = 1 foot, in suffj.cient detail to determine floor area, gross residential floor area, interior cj-rcufation,location of uses within buildings, and the general scaLe and appearance of the proposed development for each development area. A proposed plan of parking, loading,traffic circulation, and transit facilitles.and a proposed program for satisfying traffic and transportation needs generated by the development for each development area. A volumetrlc model of the site and the proposed development, at a scal-e not smaller than I inch = 100 feet, portraying the scale and reLationships of the proposed deveLopment to the site and illustrating the form and mass of the proposed buildings for each development area. An architectural model of each proposed building at a scale deemed appropriate to the development by the Zoning Administrator portrayj.ng design details for each phase. A proposed program indicating order of construction phases, transportatj-on facil"ities, and recreatlonal amenities. 10. A proposal regarding the dedication to the Town or private ownership and maintenance of that portion of the Development Area within the 100-year floor plain of Gore Creek. In the event the IOO-year flood plain is not dedicated to the Town sucb lands shalL be subject to a right of public . zccess to Gore Creek, and the right to use a portion of such lands for a bicycle path, and for park purposes provided that the location and use of such facilities and access shall be deter- mined by mutuaL agreement between the Town and the owner of the development areas involved. E. Permitted Uses. Single-family residenti.al dwellings, two-f ami Iy o o o, I. 8. q t Dr \\u =_----'--_":;_ -lo.,n plerk t :''',a',oo o residential dwelling and residential cluster dwellj.ngs shall be permitted uses in Development Areas A, B, and C. Two famiLy dwellings, residential cluster dwellings, and multiple family dwellings shall. be permitted uses in Development Areas A & B. . Professional offlces and business offices, with a total gross floor area not to exceed ten thousand (10,00O) square feet, shall be a permitted use in Development Area D. F. Conditional Uses. The following conditional uses shalI be permitted subject to the issuance of a Conditional Use Permit in accordance with the provisions of ArticLe ]8 of this ordinance, for the various Development Areas as herein specified: CONDITIONAL USES DEVELOPMENTAREA-ABCD Private clubs, civic, cultural and fraternal organi-zat ions Public utllity and public services Public buildings, grounds and facilities Public park and recreation facilitles Ski lifts and tows Institutional or educational center: provided that if said center is constructed. then the following shall be conditional uses in conjunctlon therewith: lodges including accessory eating, drinking or recreational establishments--not occupyj-ng more than 20%of the total gross floor area of the lodge to which it is accessory;Public or commercial parking facilities;Professional offices, business offices and studios. The term "Institutional or Educatioual Center" shall mean a public or private institution for learnlng, instruction or continuing education. Such facilities may be utilized for seminars or educational programs and may include conference and meeting rooms, audio-vlsual facj-l-ities and necessary accessory useage such as dining rooms and efficiency dwelling units. The phrase "efficiency ( awelling units" shall mean any room or group of rooms without full \- kltchen faciLitj.es, but which may lncLude a refrigerator, sink and cook top oJ no more than two heating units, designed for or adapted xx xxxx xxxx XXXX XXX t XX XX XX a -6- o , to occupancy by individuals attending the Institutional or Educational Center; the efficienty dwelllng unlts shall be accessible from common corrldors, walks or baLconies without passing through another efficiency clwelling unit, accomnodat ion unit or dwelling unit and each said unit shall not exceed 400 square feet, and shall be considered in determining the total GRFA allowed for each development area. G. Accessory Uses. The following accessory uses shall be permitted in Development Areas A, B, & C, t. Home occupations, subject to issuance of a home occupations permit j-n accord with the provisions of Section f7.300 hereof, 2. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary.for tbe ope"ation thereof. The following accessory uses shaII be permitted in Development Area C on1y. L Attached garages or carports, private greenhouses, s'wimming pools, tennis coults, patios, or other recleational facilities customarily incidental to permitted residential uses. In addition the following accessory uses shal] be permitted in Development Areas A and B. 1. Swinming pools, tennis courts, patios, or other recreational facilities customari Iy incidental to permi.tted or conditional uses, and necessary for the operation thereof. H. Density Control, 1. The number of dwelling units shall not exceed tbe followlng: Development Area A - 252 units Development Area B - 24O units DeveLopment Area C - 17I units I. Development Standards. fne tolfowing development standards are hereby 1 Epproved by the Town Council; these standards shall be incorporated \into the Approved Development Plan pertinent to each Development Area to protect the integrity of the development of SD4; the following are minimum development standards and shall apply unless more restrictive standards are incorporated in the Approved Development Plan which is adopted by the Town Council. I ,o . l. Setbacks. llequired setbacks shall be lls indicated in each Development Plan with a minimum setbacl( on the periphery of the property of not less than 2O feet. 2. Distance Between Buildlngs. The minimum clistances between. all buildings shall be as indicated on each Development Pran with a minimum of 15 feet, provided that one foot of additional separation between bui-Idings shall be requlred for each 2 feet of buiLding height over 15 feet, calculated on the basis of the average height of the two buildings 3. Height. The maximum height of a bulldlng in Area A shall be 45 feet. The maximum hej.ght of buildlngs in Areas B, C and D sha1l be 35 feet. 4. Density Control. The gross residential floor area of all buildings in each development area shaLl not exceed .35 GRFA i-n Area A, .30 cnFA in Area B, and .25 GRIA in Area C. 5. Site Coverage. In Areas A and B, no more than 35% of the total site area shall be covered by buildings, provided, if any portion of said areas is developed as an instj-tutional or educational center, 45% of the area may be covered. In Areas C and D, no more that 2E% of the total site area shall be covered by buiLdings 6. Useable Open Space. Useable open space shall be as indicated on the Development plans but in no case shatl the same be less than 250 square feet exclusive of required front set_ back areas shall be provided at ground level for each dwelling unit. Useable open space may be common space accessible to more than one dwel-ling unlt, or may be prlvate space accesslbLe to separate dwelli.ng uuits, or a combi.nation thereof. At Ieast SO per cent of thb required ground level useable open space shall be common space. The mini-mum dimension of any area qualifying as ground leveL useable open space shall be ten (10) feet. rL {2i-, \ Town .Cl eil -8- o o (O; 7. Landscaping. At least the following proportions of the total Development Area shall be Landscaped as provided in the Developrnent Plan (this shall include retention of natural landscape, if appropriate). Areas A and B, S0% and Areas C and t- D, 60%. If any portion of Areas A and B is developed as an institution ' or educational center, these limitations may be modifiecl in accordance with amendment procedures specifled in Section 2t.SOO of the Zoning Ordinance. 8.: Parklng. Offstreet parking shall be provided in accordance wj.th Article 14 of the Zoning Ordinance except that 75% ot the required parking in Area A shalt be located within the maln building or buildings. In Areas B and D, 5O% of the lequlred parking shall be located withln the ms.in building or buildiDgs. On-site parking shall be provlded for corunon carriers provldlng charter service to tie development; said bus parking shall be indicated on the Development plan. No parklng or loading area shall be located ln aDy required front setback area. If any { portion of Areas A and B ls developed as an institutional or educationa center, these limitationa may be modi.f ied ln accordance with amend- nent procedures speclfied in Section 21.500 of the Zonlng Ordinance. J. Recreation Amenltles Tax. The :cecreational ameni-ties tax due for the developmeDt witb SD4 under Ordinance No. 2, Series of 1974, of the Town of Vall, Colorado, shall be assessed at a rate not to exceed 90.25 per square foot of-the floor area in develop- ment Areas A, B, and C, and at a rate not to exceed 90,75 per square foot in Developmeot Area D; and shatl be paid in conjunction wlth each construction pbase prior to the issuance of a building permlt . K, Conservation and Pollution Controls. (l) Developer's drainage plan shall include L provision for prevention of pollution from surface run-off. (2) Developer shall include in the bulldlng constructi.on energy and water conservation controls as general technology exists at the tlme of constructlon. I o L. Recreational Amenities. (1) The approved Development Plan sball include the f ol low j.ng recreational amenities: (a) Bike and pedestrir.n path traversing property from east property line to west property line shall be provided by developer with exact location to be mutually acceptable to developer and Town Council. LI . AdditionaL Amenit ies. pr rvaEe (1) Developer shall provide adeclrtale ^ransportation servj-ces to tbe owners and guests of the development so as to. transpolt them from the development to Village Core area and Lionshead area as outlined in the approved Development Plan. .oO i Development to developer District 4. (2) Developer shall provide in its approved Plan a bus shelter of a design and l-ocation mutually agreeable and Town Council. Said shelter to serve the area generally. N. Limi.tat ion on E@ I Prior to the adoption of the Approved Development PIan, the Town Councll reserves to the Town the right to abrogate or modify SD4 for good cause through the enactment of an ordinance; provided, however, that in the event the Town Council finds it to be appropriate to consider whether to abrogate or modify SD4 the procedures shafl be as provided in section 2l.5OO of the Zoning Ordinance pertaining to amendments. O. Addition to Official Zoning Map. Special Development District 4 sh"all be indicated on a map which amends and shall become an addition to the Off j-cial Zoning Map. -r0- (?o ( INTRODUCED, in full thls 2nd day of READ, ADOPTED aDd ORDERED PUBLISIIED l(arch, 1976. :oo Sectlon 4. Effective Date. This ordinance shall take effect in accordance with the provisions of the Charte! of the Town of Vail. INTAODUCED, READ ON FIRST READING, APPROVED, and OBDEBED PUBLISHED ONCE IN FULL, this loth day of February, 1975, and a public hearlng on thts ordinance shall be held at the regular meetLnS of the Town Councll of the Town of VaiI, Colorado, on the zDd day of ldarch, 1976, at ?:30 P,M., 1n the Municipal Building of tbe Town. l! I ',!(,{- ATIEST:; - t1- I Vai 1-Rose A part Toh'nship 5 south, follows: i line of of Gore of said I o EXHIBIT '' KOELBEL PROPERTY DEVELOPI4ENT AREA A 12.370 acres of the Sw .I/4 NE. L/ 4 of Section 12 ,Range 81 West of the 6Lh P.M., described as o Beginning at a point on the tlest line of said SW L/4 NE 1/4 from which the North one-quarter corner of said Section bears North 0oI5' East 2269.48 feet; thence North OoI5, East.along said west Line. 152.36 feet to a point or, the Southeasterly right of way line of U.S- Highway lfo. 6r thence. along said Southeasterly rl-ght of way 1ine, as follows: North 52027' East, 102.31 feet; North 49o20' East, 519.57;feet; and North 48o.I3r East, 549.09 feet, more or less, to a DotnE on the North line of said Sw I/4 NE l,z4; thence North 88033'East, along the North line of said. SW f/4 NE, 368 feet, more or less, to a point on the centerline of Gore Creek; thence, alonq the centerline of Gore Creek, as follows: South 36049' West, 101.04 feet; South I8o2I' West, 54.08 feeti South Io24r wesL, 2O5.02 feeEi South l2o10r l.lest, ].I0.25 feet; and South 28041' West, 242,35 feet, thence South 75015,West, 1064.I0 feet to the point of beginning. Rose Parcel 3.190 acres A tract of land situated in the SWtNEk of Section 12,TP 5 S., R. 8l W., of the 6th p.M., lying Southerly of that certarn tract of land described in Book 199, page 197, Northerly and Westerly of the center line of core Creek, and J-ying Northerly and Easterly of those certain tracts descrj-bed in Book 2ll at page 106, Book 211 at Page 108 and Book 215 at Page 365, described as fol lows : Beginning at a point on the North-South center Iine of saiil section 12 vrhence the North quarter corner of said Section 12 bears N. 00015' E. 2269.48 feet; thence N. 75015' E. 346.26 feet to the true point of beginning, said point being on the South fine of that tract described in Book 199, Page 197 and which bears S. 08025t E. 2205.34 feet from the North quarter corner of said sect.ion 12t thence N.' 75015' E. 117.84 feet along the southerly that tract described in Book I99, Page 197 to the center Creek; thence s. 28o4lr W. I30.61 feet alonq the center line creek; thence S. 05024'30" E. 104.50 feet ,ilong the center line of said Creek; thence s. 4go2g ' v.l. 95.50 feet along the center line of said Creek; thence s. 22o34t w. L24.47 feet al-ong the center line of said Creek i thence S. 54000' W. 119.34 feet along the center line of said Creek; to the Southeast corner of that certain tract of Iand described in Book 211, Page l0B; thence N. 33"15'30" w. 140.12 feet along the Easterly line of that tract described in Book 2ll at page I08; thence N. 57042'30' w. 169.88 feet along the Northeasterly line of that tract described in Book 211 at page 108; thence N. 86002',30', W. 162.92 feet along the Northerly Iine of those tracts described in Book 2II at Page I08 Book 2lJ. at Page 106 to a point; thence N. 32057r30" w. 76.08 feet along the Northeasterly line of that tract descrj.bed in Book 215 at Page 365, Lo the point of beginning. ^ - o I.260 acres Heede Pa rce I I I o I ta county of Eagle and state of colorado, to wit: A tract of land iituated in the swtNEk of secti.on 12. Township 5 South, Range Sl west of the 5th Principal Meridian, described as follows: Beginning at a point on the North-South center tine of said Section 12 whenie the North Quarter corner of said Section 12 bears North 00 degs. 15 mins. East 2269.48 feett thence North 75 degs. 15 mins. East 346.26 feei-; thence South 32 degs' 57 mins. 30 secs. East 76.08 feeti thence south 11 degs. 00 mins' 30 secs. west 279.99 feet to a Point in the center of Gore Creek; thence North 50 degs. 32 mins. west III.31 feet along the center line of said creek; thence North 38 degs. 40 mins. west 239.09 feet al,ong the center line of said creek; thence South 76 degs. 35 mins. i.test 89.91 feet along the center line of said creek to a poj-nt on the North-South center line of said section 12i thence llorth 00 degs. 15 mins. East 13.95 feet along Lhe North-South center line of said Section 12 to the point of beginning. Total I6.820 acres GORE CREEK ASSOCIATES PROPERTY DEVELOPMENT AREAS B, C & D UU. /UU ACT CS LegaI Descriptiol AI1 that part of Section 12, Township 5 South, Range 8J' west of the 5th P,M., described as follows: AI1 that part of the NTNEL of Section 12, Iying southerly of the southerly right-of-way line of U.S. Highvray No. 6 and Northerly of the southirly line of said NlNEt, as shown ln the plat on file .in the office of the Eagle county clerk and Recorder as Document No, 97489, described as follows: Beginning at the highway survey monument at the intersection of the southerly line of said highway and the Easterly line of said NtNEk, whence the Northeast corner of said section 12 bears North 0o03 ' West 534.785 feet; thence South 73026'30" west l-11-2.13 feet along the southerly right of way line of said highwaY; thencl south 70o34' w.it r25.to feet along the southerl-y right of way line oE said highway; thSnce south 69o25r -west toO,O0 feet along the Southerly right of wav line of said hiqhwav; thance South 55050'-West IO0,00 feet along the Southerly line of said highway; thence Souttr 6ZotS' West 100,00 feet along the Southerly right of way line of saicl highway; th6nce south 58040'-west l0o.oo feet along the southerlY rj-ght of way line of said highway; th'ence south 55005'-wesl l00.00 feet along the southerly right of stay J.ine of said highway; thence South 5Io32' west I00.00 feet along the Southerly right of way line of said highway; thince south 47057'-wesi 232.58 feet along the southerly right of way line of said highway to a poi.nt on the southerly line of said N,rNEk; thence North 88033' East 497.67 feet along the southerly line of said NhNEk to the center of the NEk of said Section 12; thence North 88033' East I379.35 feet along the southerly line of said NtNEt to the Southeast corner of said NL\IEL; thence North 0oO3' west 760'95 feet aLong the EasterLy line of said NINEI to its intersection with the southerly line of said highway, the point of beginning. I o AND AII that part of the swkNEk of Section 12, lying southerly of the center of Gore creek as shown on the plat on file in the office of lhe Eag]e county Cl-erk and Recorder as Document No. 97489, de scri.bed as follows:' Beqinninq at the Northeast corner of said SwtNEkt thlnce s;uth 88033' West 13I.67 feet to a point in the center of said Creek; thence South 4OoO9' west 94.04 feet along the cjenter of said Creek; thence South 18o2I' west 54.08 feet along the c:enter of said Creek; thence South lo24' West 205.02 feet along the center of said creekt thence South I2*l-0' West I10.25 feet along the center of said Creek; thence South 28041' west 320.00 feett thence South 5024'30" East, 170.00 feet alonq the center of sa j-d creek; thence South 27000'02" I'les L 85.24 feet along the center of said creek; thence South 54000' Vlest 259.34 feet along the center of said creek; thence South 55034' west L09.62 feet along the center of said creek; thence South 69o04' West 186.13 feet along the center of said creek; thence South 85025' west 68.88 feet along the center of said creek; thence North 77036' I,Jest 26.96 feet aloncl the center of said creek; thence North 50032' West I99,19 feet along the center of said creek; thence North 38040' West 239.09 feet along the center of said creek; thence South 76035r West 89.91 feet along the center of sa j-d creek;to a point on the Westerly line of said SWLNEI; thence South 0oI5' west 46I.90 feet to the center of said Section l2t thence North 89.02r East 1382.65 feet along the Southerly line of said SWkNEt to the Southeast corner of said SWTNE!; thence North 0006' East 1384.32 feet along the Easterly l-ine of said swlNEl to the Northeast corner of said SwkNEk, the point of beg inning , AND The NwkSEt of Section 12, Township 5 south, Range 8l West of the 6th P.M. ; AND AII Lhat part of the sEkNwL of Section 12, Township 5 south, Range 81 West of the 6t.h P.M., Iying Southerly of the Southerly right of way l-ine of U.S. Highway No. 6, as shown on the p]at on file in the office of the Eagle County Clerk and Recorder as Document No. 97489,described as follows: Begj-nning at the Southeast corner of said SEINWL; thence south 89002' West 836.95 feet along the Southerly line of said sElNIdt to a point on the southerly right of way Iine of saiil highway; thence North 52035r East 1057.07 feet along the SouLherly riqht of way line of said highway to a point on the Easterty line of saicl SElNwt I thence South Oo15' west 628.21 SETNW\ to the Southeast corner beginning; EXCEPT THE FOLLOWING: feet along the Easterly line of said of said SELNWI , the point of that part described in Book 188 at page 545; that part described in Book 19I at paqe 24L; that part described in Book 203 at page 23I; o I CONT INUED that part described in Book 203 at page 531; that certain island adjacent to the above-descrj-bed proDerty, and located in the middle of core Creek, which the parties intend to exclude fron this transaction; { county of Eagle,t St.te of colorado 1,O O io J \ TO: FROM: DATE: SUBJECT; MEMORANDUM Planning and Environmental Commission Department of Community Development October 14,2002 A request for a recommendation to the Vail Town Council of a proposed major amendment to Special Development District No. 4, Cascade Village, Development Area B, to amend the setback requirements as indicated on the approved development plan, located at Coldstream Condominiums, Unit #25, 1476 Westhaven Drive /Lot 53, Glen Lyon Subdivision. Applicant; James and Jane Kaufman, represented by Fritzlen Pierce Architects Planner: Allison Ochs il. SUMMARY The applicant, James and Jane Kaufman, represented by Fritzlen Pierce Architects, is requesting a major amendment to Special Development District No. 4, Cascade Village, Development Area B, to amend to the minimum setback requirement of 20 ft. Specifically, the applicant is proposing lo encroach 4.2 ft. into the required 20 ft. setback as indicated on the approved development plan for Coldstream Condominiums. Staff is recommending denial of the proposed amendment to Special Development District No. 4, subject to the criteria for review as outlined in Section lX of this memorandum. DESCRIPTION OF THE REQUEST Special Development District No. 4, Cascade Village, establishes the development standards for Development Area B, Coldstream Condominiums. Ordinance No. 23, Series of 1998, states the following setback requirement for Area B, Coldstream Condominiums: Required setbacks shall be as indicated on the development plan. The development plan indicates a setback of 20 ft. for the entire propeny. The applicants, James and Jane Kaufman, represented by Fritzlen Pierce Architects, are proposing a deviation to this requirement. The Kaufman residence is Unit 25 ol Coldstream Condominiums. They are requesting an addition of approximately 89 sq. ft. The addition will partially enclose an existing deck and will encroach 4.2 ft. into the required 20 ft. setback. In addition, the deck above the proposed addition will be extended 2 ft., which will be 12 ft. into the required setback. The proposal adds approximately 26 sq. ft. of GRFA into the setback. Because the subject property is located within Special Development District No. 4, Cascade Village, the request is considered a major amendment to Special Developmenl District No. 4, in accordance with Section 12-9A-1 0, Vail Town Code. The Planning and Environmental Commission requesled thatthe applicant submit a revised ilt. site development plan to indicate the proposed amendment and the units which would be allowed lo encroach into the 20 ft. setback. The revised site olan has been included for reference. BACKGROUND Special Development District No. 4, Cascade Village, was adopted by Ordinance No. 5, Series of 1976. Subsequenl amendments occurred in 1977,1978, 1979, 1982, 1984, 1986, 1988, 1989, 1990, 1991, 1993, 1995, 1998, and 1999. The subject property was a Planned Unit Developmenl under Eagle County Jurisdiction when the property was annexed in 1975. Special Development District No. 4 includes the lollowing: Area A Area B Area C Area D Cascade Village Coldstream Condominiums Glen Lyon Primary/Secondary and Single Family Lots Glen Lyon Commercial Site lv. The entire Cascade Village site is approximately 97.5 acres. The identified public benefits of the Special Development District are: Creation of a "third village" and development of significant bed base has improved Vail's summer marketing potential, bike path and stream tract open to public, employee housing, CMC facility. Because the property was annexed into the Town of Vail as a Planned Unit Development under Eagle County jurisdiction, and because the early Special Development Districts were not based on an underlying zoning, there is no underlying zoning for Cascade Village. The uses and development standards for the entire property are as outlined in the adopting ordinance for Special Development District No. 4. The construction of Phase I ol Coldstream Condominiums was compleled in 1979, and Phase ll was completed in 1982. Both phases were completed under the existing Special Developmenl District requirements. The 20 ft. setback is identified on the development plan and on the condominium plat. According to Town of Vail records, there are 45 units of approximately 67,000 sq. ft. of GRFA. In 1990, a major amendment to Special Development District No. 4, requesting GRFA lo construct additional dwelling units, was denied by the Town Council. The Town Council denied the request, stating that the GRFA would only be allowed for the construction of employee housing units. According to Town of Vail records, no other amendments have been made for Coldstream Condominiums since the development plan was adopted in 1978. ROLES OF THE REVIEING BODIES Special Development District and Major Amendment Order of Review: Generally, applications will be reviewed first by the Planning and Environmental Commission for impacts of use/development, then by the Design Review Board for compliance of proposed buildings and site planning, and final approval by the Town Council. Plannino and Environmental Commission: The Planning and Environmental Commission is advisory to the Town Council. The Planning and Environmental Commission shall review the proposal for and make a recommendation to the Town Council on the following: . Permitted, accessory, and conditional uses ' Development standards including, lot area, site dimensions, setbacks, height, density control, site coverage, landscaping and parking . Evaluation of design criteria as follows (as applicable): 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.B. Relationship: Uses, activity and densily which provide a compatible, etficient and workable relationship with surrounding uses and activity.C. Parking And Loading: Compliance with parking and loading requiremenls as outlined in Chapter , Vail Town Code.D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans.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. F. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural fealures, vegetation and overall aesthetic quality of the community.G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation.H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function.l. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Desion Review Board: The Design Review Board has no review authority on a Special Development District proposal, but must review any accompanying Design Review Board application. The Design Review Board review of a Special Development District prior to Town Council approval is purely advisory in nature. The Design Review Board is responsible for evaluating the Design Review Board proposal:. Architectural compatibility with other structures, the land and surroundings . Fitting buildings into landscape . Configuration of buiHing and grading of a site which respects the topography . Removal/Preservation of trees and native vegetation . Adequate provision for snow storage on-site . Acceptability of building materials and colors . Acceptability of roof elements, eaves, overhangs, and other building forms . Provision of landscape and drainage r Provision of fencing, walls, and accessory structures . Circulation and access to a site including parking, and site distances . Location and design of satellite dishes . Provision of outdoor lighting . Compliance with the architectural design guidelines of lhe Lionshead Redevelopment Master Plan 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 slaff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: The Town Council is responsible for final approval/denial of an amendmenl to a Special Development District. The Town Council shall review the proposal for the following: o Permitted, accessory, and conditional uses . Approval of development standards including, lot area, site dimensions, setbacks, height, density control, site coverages, landscaping and parking . Evaluation of design criteria as follows (as applicable): 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.B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity.C. Parking And Loading: Compliance with parking and loading requirements as outlined in Chapter 10, Vail Town Code.D. Comprehensive Plan: Conformity with applicable elements of lhe Vail _ Comprehensive Plan, Town policies and urban design plans. Natural and/or Geologic Hazard: ldentification and mitigation of nalural and/or geologic hazards that affect the property on which the special development district is proposed. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensilive to natural features, vegetation and overall aesthetic quality of the community. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recrealion, views and function. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and eff icient relationship throughout the development of the special development district. E. F. \f. H. t. V.APPLICABLE PLANNING DOCUMENTS Town of Vail Zoning Regulations: Staff has reviewed the Town of Vail Zoning Regulations and believes the tollowing sections are relevant to the review of this request: 12-94-1: PURPOSE: The purpose of the Special Development District is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the Town; to facilitate the adequate and economical provision of streets 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, shall establish the requirements for guiding development and uses of property included in the Special Development District. The Special Development District does not apply to and is not available in the following zone districts: Hillside Residential, Single-Family, Duplex, Primary/Secondary. The elements of the development plan shall be as outlined in Section 12-9A-6 of this Article. 12-9A-2: DEFINITIONS: MAJOR AMENDMENT (PEC AND/OR COUNCIL BEVIEW): Any proposalto change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved special development district (other than "minor amendments" as defined in this Section), except as provided under Sections 12-1 5-4, "lnterior Conversions", or 12-15-5, "Gross Residential Floor Area (250 Ordinance)" of this Title. UNDERLYING ZONE DISTRICT: The zone district existing on the property, or imposed on the property at the time the special development district is approved. The following Zone Districts are prohibited from special development districts being used: Hillside Residential, Single-Family, D uplex, Primary/Secondary. 1 2-9A-6: DEVELOPMENT PLAN : An approved development plan is the principal document in guiding the development, uses and activities of a special development district. A development plan shall be approved by ordinance by the Town Council in conjunction with the review and approval of any special developmentdistrict. The development plan shall be comprised of materials submitted in accordance with Section 12-94-5 of this Article. The development plan shall contain all relevant material and information necessary to establish the parameters with which the special development district shall develop. The development plan may consist of, but not be limited to, the approved site plan, floor plans, building sections and elevations, vicinity plan, paking plan, D. preliminary open space/landscape plan, densities and permifted, conditional and accessory uses. 1 2-94-8 : DES/GN C RITER lA: The following design criteria shall be used as the principal criteria in evaluating the merits of the proposed 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 ansistent with the public interest has been achieved: 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. B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with sunounding uses and activity. C. Parking And Loading: Compliance with parking and loading requirements as outlined in Chapter 10 of this Title. Comprehensive Plan: Conformitywith applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. 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. 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. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. H. Landscaping: Functional and aestheticlandscapingandopen space in order to optimize and preserve natural features, recreation, views and function. l. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. 1 2-9A-9 : DEVELOPMENT STANDARDS: Development standards including lot area, site dimensions, setbacks, height, density control, site coverage, landscaping and parking shall be determined by the Town Council as part of the approved development plan with E. consideration of the recommendations of the Planning and Environmental Commission. Before the Town Council approves development standards that deviate from the underlying zone district, it should be determined that such deviation provides benefits to the Town that outweigh the adverse effects of such deviation. This determination is to be made based on evaluation of the proposed special development district's compliance with the design criteria outlined in Section 12-9A-8 of this Article. 1 2-9A-1 0 : AM EN D M E NT P ROCED U RES:A. Minor Amendments: 1. Minor modifications consistent with the design criteria outlined in subsection 12-9A-2 (definition of "minor amendment") of this Article, may be approved by the Department of Community Development. All minor modifications shall be indicated on a completely revised development plan. Approved changes shall be noted, signed, dated and filed by the Department of Community Development. 2. Notitication of a proposed minor amendment, and a report of staff action of said request, shall be provided to all property owners within or adjacent to the special development district that may be affected by the amendment. Affected properties shall be as determined by the Department of Community Development. Notifications shall be postmarked no laterthan five (5) days following staff action on the amendment request and shall include a brief statement describing the amendment and the time and date of when the Planning and Environmental Commission will be informed of the staff decision. ln all cases the report to the Planning and Environmental Commission shall be madewithintwenty (20) days from the date of the staff's decision on the requested amendment. 3. Appeals of staff decisions may be filed by adjacent property owners, owners of property within the special development district, the applicant, Planning and Environmental Commission members or members of the Town Council as outlined in Section 12-3-3 of this Title. B. Major Amendments: 1. Requests for major amendments to an approved special development district shall be reviewed in accordance with the procedures described in Section 12-94-4 of this Article. 2. Owners of all property requesting the amendment, or their agents or authorized representatives, shall sign the B. application. Notification of the proposed amendment shall be made to owners of all property adjacent to the propefty requesting the proposed amendment, owners of all property adjacent to the special developmentdistrict, and owners of all property within the special development district that may be affected by the proposed amendment (as determined by the Department of Community Development). Notification procedures shall be as outlined in subsection 12-3-6C of this Titte. (Ord.21(1e88) S 1) Town of Vail Land Use Plan: Staff has reviewed the Town of Vail Land Use Plan and believes the following sections are relevant lo the review of this request: Resort Accommodation and Service This area includes activities aimed at accommodating the overnight and short term visitor to the area. Primary uses include hotels, lodges, seruice stations, and parking structures (with densities up to 25 dwelling units or 50 accommodation units per buildable acre). These area are oriented toward vehicular access from 1-70, with other support commercial and business services included. Also allowed in this category, would be institutional uses and various municipal uses. Hioh Densitv Residential The housing in this category would typically consist of 'multi-floored structures with densities exceeding 15 dwelling units per buildable acre. Other activities in this category would inctude private recreational facilitieis, and private parking facilities and institutional/public uses such as churches, fire stations and parks and open space facilities. Gen eral G rowth/D eve lop ment 1.1 Vail should nntinue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upg raded wh e never possi bl e. 1 .12 Vail should accommodate most of the additional orowth in existing developed areas (infill areas). 1.13 Vail recognizes its stream tract as being a desirable land feature as well as its potential for public use. 1.0 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 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. 5.4 Residential growth should keep pace with the marketplace demands for a full range of housing types. 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. VI. SITE ANALYSIS Zoning: Special Development District No.4 Land Use Plan Designation: Resort Accommodation and Service Current Land Use: Mixed Use Development Standard Allowed Existino Proposed Lot Area: N/A 4,266,920 sq. ft. no change Setbacks-:Fronl: 20 tl. 20 ft. 20 ft.Sides: 20 ft. 20 ft. 15.8 ft.Rear: 20 tl. 20 ft. 20 ft. Site Coverage: 60,984 sq.feet (35/,) 29,442 sq.feet (16%) 29,604 sq.leet ('t67d (Area B only) Landscape Area: 91 ,740 sq.feet (50%) 98,406 sq.feet (54%) 98,247 sq.feet (53%) (Area B only) ' The adopting ordlnance states that there shall be a minimum setback on the periphery of the property not less than 20 ft. VII. SURROUNDING LAND USES AND ZONING Land Use Zonino North: Right-of-Way N/A South: Open Space (USFS) N/A East: Open Space (USFS) N/A West: Open Space OR Park and Open Space GU Commercial/Residential HDMF VIII. THE SPECIAL DEVELOPMENT DISTRICT ESTABLISHMENT AND REVIEW PROCESS Chapter 12-9, Vail Town Code provides forthe amendment of existing Special Development Districts in the Town of Vail. According to Section 12-9A-1, Vail Town Code, the purpose ol a Special Development District is as follows: To encourage flexibility and creativity in the development of land, in order to promote its most appropriate use; to improve the design character and quality ofthe new development within the Town; to facilitate the adequate and economical provision of streets 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 properties underlying zone district, shall establish the requirements for guiding development and uses of property included in the Special Development District. An approved development plan is the principal document in guiding the developmenl, uses, and activities of the Special Development District. The development plan shall contain all relevanl material and information necessary to establish the parameters with which lhe Special Development District shall adhere. The development plan may consist of, but not be limited to: the approved site plan; floor plans, building sections, and elevations:vicinity plan; parking plan;preliminary open space/landscape plan;densities;and permitted, conditional, and accessory uses. The determination of permitted, conditional and accessory uses shall be made by the Planning and Environmental Commission and Town Council as part of the formal review of the proposed development plan. Unless lurther restricted through the review of the proposed Special Development District, permitted, conditional and accessory uses shall be limited to those permitted, conditional and accessory uses in the property's underlying zone district. The Town Code provides nine design crileria that shall be used as the principal criteria in evaluating the merits of the proposed major amendmenl lo a Special Development District. It shall be the burden of the applicanl to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonslrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. IX. CRITERIA FOR REVIEW A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, butfer zones, identity, character, visual integrity and orientation. The applicant is proposing a 89 sq. ft. addition, located 4.2 ft. into the required 20 ft. setback. When Special Development District No. 4, Cascade Village, was established, the adopting ordinance required lhat a minimum 20 ft. setback be maintained from the periphery of the Special Development District. Staff believes that this 20 ft. setback must be maintained. The proposed addition is located adjacent to the Town of Vail Gore Creek 10 stream tract. Staff believes that other opportunities exist which would allow the applicant to expand their unit without amending this setback requiremenl, including expanding to the south or minimizing the size of the expansion to the north. Staff believes that to maintain design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties, the 20 ft. setback requirement should not be amended. B. Uses, aclivity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The applicant is not proposing any changes to use, activity, or density (du/acre) which would impacl the surroundlng uses and activities. C. Compliance with parking and loading requirements as outlined in Ghapter 12-10 ot the vailTown code. The parking and loading requirements do not change with this proposal. Therefore, the proposal complies with Chapter 12-10 of the Vail Town Code. D. Conformity wilh the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. The goals contained in the Vail Land Use Plan are to be used as the Town's policy guidelines during the review process for the establishment of a special development dislrict. Staff has reviewed the Vail Land Use Plan and believes the following policies are relevantto the review of this proposal: 1.0 GeneralGrowth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance betvveen residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. |.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 1.13 Vail recognizes its stream tract as being a desirable land feature as well as its potential for public use. 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 11 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions.' Residential growth should keep pace with the marketplace demands for a full range of housing types. 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. The Town of Vail Land Use Plan designates Cascade Village as Resort Accommodations and Service. Coldstream Condominiums is designated as High Density Residential. Staff believes the uses and activities proposed are in compliance with the policies, goals, and objectives identified in the Vail Land Use Plan. 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, the subject property is not located in any geologically sensitive areas. An lmprovement Location Certificate has been provided, indicating that the proposed addition is not located within the 1o0-year floodplain. 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. Special Development District No. 4, Cascade Village, establishes a minimum setback from the periphery of the Special Development District of 20 ft. Staff does not believe that it is appropriate to deviate from this requirement. The 20 ft. setback requirement was established to provide a functional development that is responsive and sensitive to natural features, vegetation, and overall aesthetic quality of lhe community. The applicant is arguing that because the Coldstream Condominium Association has recently adopted Design Guidelines to guide redevelopment of the Coldstream Condominiums, the encroachment into the setback should be allowed. However, the applicant has clearly stated that they did not consider setbacks as a determining factor in their plan for redevelopment. Staff believes the Vail Town Code, and the Special Development District in which the property is localed, should be an integral part of any development plan for the site and does not believe that the Vail Town Code or the Special Development District should be disregarded. Staff does not believe that a deviation should be granted from this setback requirement. A circulation system designed lor both vehicles and pedestrians addressing on and off-site traff ic circu lation. The proposed addition will have no impact on the vehicular and pedestrian circulation system. 5.3 5.4 F. G. 12 H.Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. The proposed addition is located on an existing deck and therefore will have no impact on landscaping and open space. Phasing plan or subdivision plan that will maintain a workable, functional and eflicient relationship throughout the development of the special development district. The proposed addition will not involve phasing which would impact lhe remainder of the Special Development District. Therefore, staff does not believe that this criteria is relevant to this application. STAFF RECOMMENDATION The Community Development Department recommends that the Planning & Environmental Commission lorward a recommendation of denial to the Vail Town Council of the proposed major amendment to Special Development District #4, Cascade Village, Development Area B, to amend the setback requirements as indicated on the approved development plan, located at Coldstream Condominiums, Unit #25, 1476 Westhaven Drive /Lot 53, Glen Lyon Subdivision. The Staff's recommendation of denial is based upon the review of the criteria outlined in Section lX of this memorandum and the evidence presented. Should the Planning and Environmental Commission choose lo lorward a recommendation of denial of the applicant's request, slaff recommends that the following findings be made as part of a motion: 1. That the applicant has not demonstraled compliance with the following standards: A. Compatibility: Design compatibility and sensitivity to the immediate environmenl, neighborhood and adjacenl properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. B. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to nalural fealures, vegetation and overall aesthetic quality of the community. 2. That a practical solution more consistent with the public interest is achievable, which would not require a major amendmenl to Special Development District No. 4, Cascade Village. Should the Planning and Environmental Commission choose lo forward a recommendation of approval of this request, staff recommends the following finding be made as part of a motion: 'l . That the applicant has demonstrated compliance with the following X. 13 standards or has demonstrated that one or more of them is not applicable: A. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, butfer zones, identity, character, visual integrity and orientation. B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. C. Parking And Loading: Compliance with parking and loading requirements as outlined in Chapter 10, Vail Town Code. D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. E. Natural and/or Geologic Hazard: ldentification and mitigation of natural and/or geologic hazards that atfect the property on which the special development district is proposed. 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 aeslhetic quality of the community. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off-sile traffic circulation. H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views . and function. l. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and etficient relationship throughout the development of the special development district. lf the Planning and Environmental Commission chooses to recommend approval of this request, staff recommends the following condition of approval: 1. The applicant shall submit a revised Development Plan forArea B. Cascade Village, which shall indicate that the revised setback along the northwest property line shall be amended from 20 ft. to 15 ft., prior to the Town Council's first reading of an Ordinance amending the setback requirements of Special Development District No. 4. ATTACHMENTS A. Reductions of plans B. Adjacent Notification xt. 14 D. E. F. Applicant's statement Vicinity Map Ordinance No.5, Series of 1976 Ordinance No.23. Series of 1998 15 Attachment: A Improvement Locations kgal description: pait of Unit?S. Coldstream Condominiums - Phase II, according to the plat approved by the Town ofVail on February 22,1980, Eagle County, Colorado' I herebv certifo that the lmprovement Incations slrown are based upon 6eld measuraoents by ne aod the aara stiocrn ori said ap,gor&t conaminiura nap of Cotdstem Cqdminiuns' 'Ihe Gore Creek locations and 100 year llood plain are based upon field mcasurcments and the FEIt,lA ft""a s",-drty -d noodway ffai Comnunitv-Panel No. 080054 0002 datd llay 2' 1983.-'...^ n9'zo --zoaz-- Date Sbeam TYact -/./ ,,5b#G'c'E 'oqglysJq ;>z l ,--'existing deck LC.E. 0.0",-\ e Prooosed Enclosurc Unit 26 N A KY S &4 L.lard t chrc! ES 30946 C.oulty Rd- 356, Bucra VEts' Co.81211 |7l9l395-9160 i;,-.........*ii-"ll unit 25 lSl Floor dcr.-80o4.2 ba I T- J- :i i- ili it,\ta o U U1 m o Z U o =z C a o 3 o 3 o I I tfflr COLDSTREAM ASSOCIATION |rmlEr aa,s!5{t v.rt caoarDo nag rrGra@a Fn0fi : Jt{GLFl.lAhl FpD( l.E. : 9522588t9++ "-4 VAIL CASCADE RIsC)R1. 0W6tt-r)Ly talJshw''- Jul. 26 &A2 i0i lm1 F3 ".tiif fi...ffl itfi . H:#H: g.o* The .emttrinl.cofidominiorlt hayr r spo.ccsrsdriignorc,,'rril.'ffi :d,t;',3lrt1tTll0 Do:n B 98ta0e md covrrU p|rtino.j r Coldstream Condominium.r tl t (970D 476-6106 OtOa-,'7o-niA tLJSa?rp A A 3ALU6U I tlt.t c I 'tt tAA? 'cn ltnBhv rlpbrnr|2o o t .l'-o"w. <NP.A 2',{/'vtLahtff|'c!ftittw/ nl tolh'wj^ ,a4' clL e'4' ci,t , $L \I 'ir a- t\ n*o*tr.cau+t r(g/.a*t,r-t.? ; .'r'. -: r: ' ils r$ $ $ & ',)t' lynn Friden, Al{, Arciitect William F. Pierce, Ardtitecr Thorrras R. Du Boit Architect Stephanie Lord-,ohnson, Architrxt David Baunr, Architect iia*,v- Heslinga, Eusiness Manager Eagle Pointe Condominiums Avon, CO 81620 Vail Park Meadoraa '1472 Matterhorn Millnce Phase tll 1335 Wesdraven ca. 92629 *Lot 52, 1415 Westhaven St Louis, MO 63124 Drive, single owner of both unib. Millrace Phase I do Don MacLachlan 1476 Westhaven Town of Vail 75 South Frontate Rd, Vail, CO S1657 'f nformation gathered from Eagle County Assessors' Office on OAIZZZIIOZ 16-<0 Easl Vaii Vallsy Drive, Fallridge C-1, V,ril, f-okrred$ B1657 P t:) 11).17 t:.6:t42 F:97C.476.1901 tr: irr ilr@vaiiarrltitr"r:t-s.r:onr w',',i'...vai larci lt te( t-...irirl e. S ITEM MAYAFFECT YOUR PROPERTY , PUBLIC NOTICE !i: 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 of the Municipal Code of the Town of Vail on September 23, 2O02,at 2:00 P.M. in the Town of Vail Municipal Building. In consideration of: A request for a worksession to discuss a proposed major exterior alteration; a conditional use permit to allow for a fractional fee club in the Public Accommodation zone district; a variance from Section 12-7A-2 (Permitted Uses), Vail Town Code, to allow for retail uses in excess of 10% of the total gross residential floor area of the structure; and a variance from Section 12-7A- 10 (Landscaping & Site Development), Vail Town Code, to allow for a deviation from the total landscape area requirement, located at 20 Vail Road, 62 E. Meadow Drive, and 82 E. Meadow Drive/Lots K & L, Block 5E, Vail Village 1't Filing. Applicant: Sonnenalp Properties, Inc., represented by Braun Associates, Inc. Planner: George RutherMarren Campbell request for a recommendation to the Vail Town Council of a proposed major amendment to Special Development District No. 4, Cascade Village, Development Area B, to amend the etback requirements as indicated on the approved development plan, located at Coldstream Condominiums, Unit # 25, 1476 Westhaven Drive /Lot 53, Glen Lyon Subdivision. Applicant: James and Jane Kaufman, represented by Fritzlen Pierce Architects Planner: Allison Ochs A request for a final review of a final plat of Lots 1 1 and 12, Block 2, Vail Village 12th Filing, and Tract C, Block 1 , Vail Village 12th Filing, located at 3160 N. Frontage Road East and 301 0 N. Frontage Road East and setting forth details in regards thereto. Applicant: Vail Mountain School, represented by Braun Associates, Inc. Planner: Russ Forrest A request for a recommendation to the Vail Town Council, to allow for text amendments to Title 1 1, Sign Regulations, Vail Town Code, and setting forth details in regards thereto. Applicant: Town of Vail Planner: Russell Forrest A request for a final review of a final plat for a major subdivision; a request for a final review of a conditional use permit to allow for a private educational institution and development plan approval to construct employee housing; and setting forth details in regards thereto, located at the site known as'Mountain Bell"/an unplatted piece of property, located at 160 N. Frontage Rd./to be platted as Middle Creek Subdivision. A full metes and bounds description is available at the Community Development Department. Applicant: Vail Local Housing Authority, represented by Odell Architects Planner: Allison Ochs The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, T5 South Frontage Road. The public is invited to attend project orientation.*i7 ^6-I .l-^ -;l^.,;-:.^.!-^r --^^^J^ |'L-- -..Lli^ L^^-;^^ :- tL^ -r-^..r- ^a\/-:l /'\^--.,^i..' n^',^l^^H^^+ ,' tt\/9 I't and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 47 9-2138 for information. I .'f),1 ;rfi1.'ir.r,. Ali,., Ar{J1iir:a:i 'vViiiialr i'. Pit:rl::, l,r ltilcr:( I h':'r;t:rs ll. Drr lrois, ,"\!chilcct Sklrt iirnre l.r:,rci-joi:r:sL:;r. ..\rlr iier;t i.la,, i(i $tunr. A(:iiilc{t i\;ii:i f!,.r:iinili, lJt|sinrss tr1,rra6*r August 23, 2002 FRITZLEN PIE U RCE ARCHITECTS VAIL, COLORADO Attachment: C Allison Ochs, Planner Town of Vail Department of Community Development 75 Vail Road Vail, CO 81657 RE: Kaufman Residence Unit 25, Coldstream Condominium Application for Major Amendment to SDD Allison, Attached are: Application for Review by the Planning Commission for the above referenced Property Check for $1250 (per our discussions) Stamped, addressed envelopes and a list of adjacent ownem Title Report Approval Letter from Coldstream Condominium fusociation Four copies of lmprovement Location Certificate (1"=2O'1, plus one reduced copy Vicinity Plan Four Copies of Floor Plan indicatng Existing and Proposed Addition Four Copies of photo of existing condition Four Copies of photo overlay indicating proposed addition Please accept the following material in support of the Application: 1. The Owner proposes to expand the lower level of an existing Condominium onto a portion of a LCE deck. 2. The proposed addition is below an existing deck, which is also covered. 3. A portion ofthe proposed addition encroaches into the Developer established SDD setback as indicated on the enclosed lLC. 4. The area of the proposed encroachment is about 25 sq. ft in a triangular shape. 5. Although the proposed addition is situated along Gore Creek, the setback from the stream centerline is about 78 ft 6. The Owner has the option of claiming a small portion of the approximate 1 100 sq. ft of CRFA available in the Coldstream SDD or applying for a 250 sq. ft addition for the proposed construction. 7. In that the addition is on an existing deck, there is no modification to existing landscape. B. The height of the addition is less than 10 fL 9. There is not effect on sun/shade in that the area is already covered by a deck and roof above. 10. There is no additional parking required for the addition. 11. The additjon should not require an Environmental lmpact Report due to it's insignificant size. .i 6iit) !,rii \,.lii \r.1ll{rt ! }ii\i.. { i,i:f;(k.' ( - 1. ''.r*ri. (..ir1,;r,trjz; il1 ('i7 l:t :, \ ; \ ) .:, : i).t.1.1:l l: 1ril.+7ii.{!iL; i ir iI rLrrij:)v,ri;,i:"iri rit{,", 1:r.1:(,' n !",.,r.".". ,,i:lli;1r,i:it:lCl:li . i.:7il l Lynn iril:zlin, AlA, Architect William F. Pierce, Arch itect Thornas R. Du Bois, Architect Stephan ie Lord -.Joh nson, Architect David Baum. Architect FRITZLEN PIERCE ARCHITECTS VAIL, COLORADO ffitfiffry' Business Date: To: From: Subject: CC: 9l13l02 Jim Kaufman Lynn Fritzlen Review of Setback Variance Request Coldstream #25 Bill Pierce This memo seryes to articulate our position on the Request for a Major Amendment to the Cascade Village Special Development District. Pertinent Documents l. Coldstream Condominium Plat Phase ldated December 31, 2002 2. Coldstream Condominium Plat Phase ll dated March 3, 1980 3. lmprovement Location Survey of proposed Additions to Unit #25 prepared by Leland Lechner licensed Surveyor dated: 8l13l02 4. Title Commitment by Alta for Coldstream Unit #25. 5. Arhitectural Plans and Elevations of Proposed Addition 6. Letter of Approval from the Coldstream Condominium Association by Don McLauglin General Manager 7. Photos of development of adjacent properties located on the stream. 8. Town of Vail Criteria and Findings for a Variance l. Description of Request: A minor addition to Coldstream #25 of 87 square feet at the first level under an existing deck. Approximately 26 square feet encroaches into the rear setback. The proposed addition utilizes available site coverage and GRFA. Addition is within height restrictions and has the support of the association. 2. Type of Request 1650 East Vail Valiev Drive, FallriCAe C:- 1, Vail, Colorado 81057 ? 970.476.6347 F 970.476.4991 L In foOva ilai ch rtects. (om w,n'w.vaila rch ite cis.colTl C:\Windowst i'LlrlPiMenlo to ihe lolvn of Vail.{loc FRITZLEN PIERCE ARCHITECTS VAIL, COLORADO The Town has determined that the encroachment into the rear setback requires a major amendment to the Cascade Village Special Development District. 3. Coldstream Condominiums General Coldstream Condominiums has been a successful townhome project that has a mix of second home-owners and permanent residents. Recently Coldstream has undertaken numerous repairs and improvements to their property to maintain their reputation as a quality, desirable multi-family residential complex. 3. Coldstream Remaining Development Potential Coldstream development has available GRFA associated with its underlying zoning as well as the potential to utilize the "250 Addition" allowance. lt also has available site coverage. Total build out under current zoning is significant. The Coldstream Condominium Association is attempting to address this potential creatively and responsibly. The association has acknowledged that there is a desire on the part of individual owners to improve and make minor additions to their units. Therefore they have recently developed guidelines to address this potential. 6. Response to Variance Criteria Following is the portion of the Town of Vail Code that addresses deviation from the underlying zone district standards t 2 - 9A- 9 : DEVELOPM ENT STAN DARDS: Development standards including lot area, site dimensions, setbacks, height, density control, site coverages, landscaping and parking shall be determined by the Town Council as part of the approved development plan with consideration of the recommendations of the Planning and Environmental Commission. Before the Town Council approves development standards that deviate from the underlying zone district, it should be determined that such deviation provides benefits to the Town that outweigh the adverse effects of such deviation. This determination is to be made based on evaluation of the proposed special development district's compliance with the design criteria outlined in Section I2-9A-8 of this Article. (Ord. 2l(1 988) 5 l) 1650 East Vail Valiey Dnve, Fallrciqc C l. V;ril, Colorado ti I {:57 P. 970.4 ,/0.0 34 2 r: 0 70.176.,'190 i [.. ini0ri'vaila rch ite( t!.rori !\i!,,,\\'. vai:arclt il€ {l:. cot'l FRITZLEN PI ERCE ARCHITECTS VAIL. COLORADO 7. Response to Design Criteria Outlined in Section l2-94-8 Compatibility - lmpact of Encroachment on Adjacent Properties to the North of Coldstream. The Coldstream Property line sits back 50' from the center of the stream. Neighboring properties to the east and west have properties lines in the center of the creek and development has occurred within 30' of the creek centerline. Coldstream sits back a minimum of 70' from the stream center line. lmpact on neighboring properties of the rear property line will be negligible. Please refer to photos attached. Relationship to Surrounding Uses - Coldstream is not proposing a change in use as part of this application. Parking and Loading - Parking and Loading are located on the entrance side of the units and is not impacted by the addition. The recently adopted Coldstream Design Cuidelines discourage additions and improvements into vehicle parking and circulation areas. Comprehensive Plan - The Association has recently adopted the Coldstream Design Guidelines to address future development. Please look for our link at vailarchitects.com under Portfolio/Mixed Used Projects to review the standards. This is one of the first associations in the Vail Valley to take a proactive step to address future development of individual units. The goal of the new Coldstream Design guidelines is to encourage additions that match the proportions of the existing building envelope or infill areas already covered by roofs or decks. The purpose is to maintain the current architectural aesthetic and minimize impact on neighboring properties or vehicular and pedestrian access to entries. Additions to the sides or to the entry elevation will potentially have the highest impacts on neighboring units in the Coldstream complex. The rear portions of the buildings, adjacent to the stream, have been identified as the most desirable area to develop. It is notthe goal of the association or the original SDD approval to allow the extent of development to be solely determined by setbacks. Natural or Geologic Hazard - No part of the Coldstream property sits in a hazard area or stream setback. 1650 East Vail Valley Dnve, Fillricjgc C- 1 . Vail, Colorado 8l657 P. 970.4 7tr.6 342 F.970.476.4901 l- ifl f oid''vi,iilarchite{ts.{,orn v,/ww. va | | atah ite c i s. cor:1 A. C. D. E. FRITZLEN PI ERCE ARCHITECTS VAIL. COLORADO F. Design Features - see item C. The majority of the units at Coldstream are set back from the property line in excess of 20' but there are several building corners that touch the property line. Coldstream Unit #25 is one of those units that touch. Refer to Condominium Plat. G. Traffic - see ltem B H. Landscaping - A landscape plan will be addressed in the Design Review Board submittal. l. Workable Plan and Phasing - The Coldstream Phasing Plan has been completed and no future phase is being contemplated or encouraged by the Association. 7. Conclusions and Recommendations In conclusion we are proposing that there is a mutual benefit to the Coldstream Condominium Association as well as the neighboring properties to thoughtfully and creatively direct development of additions and alterations of Coldstream Condominiums. The applicant and the Coldstream Condominium Association are recommending approval of minor encroachments in the rear setback contingent upon the following: I . The encroachment utilizes approved GRFA, density and site coverage only. Applications proposing to exceed approved development standards will not qualifo. 2. The addition is consistent with the adopted Coldstream Design Cuidelines. 3. The area of encroachment does not exceed 100 square feet and does not encroach into platted or prescriptive easements. 1650 tasi Vail Valiey Drive, Fallricige C- i . V;rii, C. olorad o 81$57 ?. 970.4 7(t.tt?,/t 2 F 170.476.4r01 lr lrrii,,,ri'v,r l:t r( h itrct:;. ( ()nl !!ww'.vat I i.ti ch it€i:it.c0rn frnrrzLer.'rl l'''-"1 -1 o P- \-XC Hg H E'E ei fiHgEHH$EA il r t o c o E .E o (ll s 2 E g a b C P c &9,Eo i5 uo EE oo ao oo8 rt\r c o t-+J TI !t ET 1 c F -rts f G -v s o o a o *f E g T'c g Attachment: F ORDINANCE NO.23 SERIES OF 1998 AN ORDINANCE AMENOING ORDINANCE NO. 8, SERIES OF 1995. REVISING GROSS RESIDENTIAL FLOOR AREA (GRFA), BUILDING HEIGHT NEOUiNEUCT.TiS, Ni.iO-EMpLoyEE HousrNG pRovrsroNs FoR Lors 39-1 AND ss_2, oLeN LVoN - suBDrvrsroN, DEVELopM.ENT_ARac, soo r.ro. l lcnscaoe vuLcEl 'ndJinr_rxo RESOLITON NO. 10, SERTES OF 1982, WHrCn pnoVtoEs spEcrAL pnovrsroNslbn , -!9ls ss't AND 39-2, cLEN_Ly_ON_suBDtVtsloN; oer_ilNo ouronreo cor.rotrr6rls AND REFERENCES ro ExprRED DEVELopMENT'pr_nlls; eNo serrrr.rcFoniii-ijiil,,_s IN REGARD THERETO. \^/F|EREAS, Hagopian and pennington, LLC, has requested an amendment to the existing special Development District No. 4, Development Area c, Lots 39-1 and 39-2. Glen Lyon Subdivision; and WHEREAS, the planning and Environmental Commission has unanimously recommended approvar of the proposed buirding height, GRFA, and Emproyee Housing unit reslrictions for Lots 39-1 and 39-2; and WHEREAS, the Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to amend ordinance No. g. series of 1995 and repear Resorution No. 10, series of 1982 to provide for such changes in Special Development District No. 4, Cascade Villaoe. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO. THAT: Ordinance No. 8, Series of 1995, is hereby amended as follows: Section 1. Resolution No. 10, Series of 1982, is hereby repealed. Section 2. Amendment procedures Fulfilled, planning Commission Report. The approval procedures described in Section 12-9A of the vail Municipal code have been fulfilled, and the Town councir has received the recommendations of the pranning and Environmentar commission for an amendment to the deveropment pran for speciat Deveropment District No. 4. Odin.nce 23, Series ot 1998 Section 3. Special Devetopment District No. 4 special Development District No. 4 and the deveropment prans therefore, are hereby remarn approved for the development of Special Development District No. 4 within the Town of Vail. unless they have expired. section 4. Special Deveropment District No.4, cascade viflage shart read as fofiows: Purpose special Deveropment District No. 4 is estabrished to ensure comprehensive development and use of an area in a manner that wifl be harmonious with the generar character of the Town, provide adequate open space and recreationar amenities, and promote the objectives of the Town of Vail comprehensive pran. speciar Development District No. 4 rs created to ensure that ihe development density will be relatively low and suitable for the area and the vicinity in which it is siluated, the development is regarded as complementary to the Town by the Town councir and the prannrng commission, and because there are significant aspects of.the speciar Development District which cannot be satisfied through the imposition of standard zoning districts on the area. Detinitions For the purposes of this chapter, the following definitions shall apply: A. "special attraction" shall be defined as a museum, semrnar or research center or performing arts theater or cultural cenler. B. 'Transient residential dwelling unit or restricted dwelling unit" shall be deflned as a dwelling unit located in a murtFfamiry dwe[ing that is managed as a short term rentar in which alr such units are operated under a singre management providing the occupants thereof customary hotel services and facilities. A short term rental shall be deemed to be a rental for a period of time not to exceed 31 days. Each unit shall not exceed 645 souare feet of GRFA which shal incrude a kitchen having a maxlmum of 35 square feet. The kitchen shafl be designed so that it may be rocked and separated from the rest of the unit in a closet. A transient dwefling uhit shafl be accessibre from common corndors, warks, or balconies without passing through another accommodation unit, dwe[ing unit, or a transient residential dwefling unit- shourd such units be deveroped as condominiums, they shafl be restricted as set forth in section 13-7 condominiums and condominium conversions. subdivision Regurations. The unit shafl not be used as a permanent residence. Fractional Qrdinance 23, Se.ies of i998 I fee ownership shal not be afiowed to be appried to transient dwering units. For the purposes of determining aflowabre density per acre, transient residentiar dweling units sha be counted as one harf of a dweting unit. The transient residentiar dwening unit parking requirement shall be 0,4 space per unit plus 0.1 space per each 1OO square feet of GRFA with a maximum of 1.0 spac€ per unit. Established A speciar Deveropment District No. 4 is established for the deveropment on a parcel of land comprising 97.955 acres as more particurarry described in the attached Exhibit A. special Development District No. 4 and the 97.95s acres may be referred to as ,,sDD No. 4.@ B. The districl shal consist of four separate deveropment areas, as identified in this ordinance consisting of the following approximate sizes: Area Known As Cascade Mllage Coldstream Condominiums Glen Lyon Primary/Secondary and Single Famity Lots Glen Lyon Commercial Site Dedicated Open Space Roads TOTAL D ev el o p m ent Pl a n - R e q u i re d-A p p rov al p ro c ed u re Development Area B Acreoge 17.955 4.000 9.100 1.800 40.400 4.700 97.955 Each development area with the exception of Development Areas A and D sha be subjecl to a single development plan. Development Area A sha be allowed to have two development plans forthe Cascade Club site as approved by the Town Council. The Waterford and Cornerstone sites shall be allowed one development plan each. Development Area D shall be allowed to develop per the approved phasing ptans as approved by the Town Council. The developer shall have the right to proceed with the development plans or scenarios as defined in the development statistics section of this ordinance. Amendments to SDD No. 4 shall compty Section 12_9A of the Municioal Code. Ordinance 23. Series ot 1998 Permitied Uses A. Area A. Cascade Village l First floor commerciar uses shal be rimited to uses risted in section 12-7g-3. (commerciar core 1), of the Municipar code. The ,,first floor. or',street revel,, shafi be defined as that floor of the building that is located at grade or street level; 2. AI other floor revers besides first floor street rever may incrude retaii, theater, restaurant, and oftice except that no professional or business office shall be located on street level or first floor (as defined above) unress it is cready accessory to a rodge or educational institution except for an office space having a maximum square footage of 925 square feet located on the first floor on the northwest corner of the plaza conference Center building; 3. Lodge; 4. Multi-familydwelling; 5. Single.Familydwe ing: 6. Primary/Secondarydwelting: . Transient residential dwelling unit; 8. Employee dwelling as defined in Section .12_13 of the Municipal Code; 9. Cascade Club addition of a lap pool or gymnasium. B. Area B, Coldstream Condominlums 1. Two-familydwelling; 2. Mulli-famitydwelling. C. Area C, Glen Lyon primary/Secondary and Single_Family Lots 1. Single family dwelling; 2. Two-familydwelling. 3. Type ll Employee Housing Unit (EHU) per Chapt er 12-13, of the Municipal Code. D. Area D. Glen Lyon Commercial Site .'1. Business and professional offices; 2. Employee dwelling as defined in Section 12_13 of the Municipal Code. Ordinance 23. Series ot 199E Condifional llses ' condltionar usea.shan be revia^,€d per th€ procedures as ouflined in chapter 12_16 ofthe '' Tovvn of Vail Zoning Regulations. A. Arde A, Cascade Villagc . : 1 ' cascade club addition of a wellness cent€r not to exceed 4,s{x, sguarc feet. 2' Fmctonar fue ownership as defincd in th. Town of Vair Municijar code, section 12-2 shal be a conditionar use for dwerting unit6 in the westhaven murti-famrty dw€fiings. Fractionar fee ownership shalr not be apprisd to rest icted ' employee d,velling unils or tansient Gsidential dtirelling units. owneEhip intervats shall not be less than five wseks. 3. Special attraction; 4. Ski lifis; 5. puHic park and recreitionat facilities; 6. Major arcades with no ftomage on eny public way, str€et, wall$ray or mall . area. B. Area B, Coldslream Condominiums 1. public part and recreational facilities; 2. Ski rns. C. Area C, Glen Lyon primary/Secondary and Single_Family Lots L public park and recreationat facilities; 2. Ski tifts; D. Area D, Glen Lyon Comm€rcial Site 1 . Micro-bra^rery es defined in To$rn ot Vail Municipat code, Chapter 12_2. Accessory Uses . A. Area A. Cascade Village 1. Minor arcade. '.'' .: 2' Home occupations, subject to issuance of a home occupation permit in accordence with the Provisloffi of Title 12, zoning Regulations, Town of Vail .' : Municlpal Code. Ordinrnca 23, S.fia of lgg8 3. Attached garages or carports, private greenhouses, swimming pools, tennis courts, palios, or other recreational facilities customarily incidental to permitted residential uses. 4. other uses customariry incidentar and accessory to permitted or conditional uses, and necessary for the operation thereof. B. Area B, Coldstream Condominiums 1. Home occupations, subject to issuance of a home occupation oermil in accordance with the provisions of Ti e 12, Zoning Regulations, Town of Vail MuniciDal Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreationar facilities customariry incidentar to Dermitted residential uses. other uses customariry incidenlar and accessory to permitted or conditionar uses, and necessary for the operation thereof. C. Area C, Glen Lyon primary/Secondary and Single-Famity Lots 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of rifle 12, Zoning Regurations, Town of vail Municipal Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recrearionar facirities customariry incidentar to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. D. Area D, Glen Lyon Commerciat Site 1. Home occupations, subject to issuance of a home occupatton permit in accordance with the provisions of Tifle 12, Zoning Regulations, Town of Vail Municipal Code. 2. Attached garages or carports, private greenhouses, svrimmrng poots, tennis courts, patios, or olher recreational facilities customarily incidental to permitted residential uses. Ordinance 23, Sgries ot i998 o 3. other uses customariry incidentar and accessory to permitted or conditional uses, and necessary for the operation thereof. 4. Minor arcade. Location of Business Activity A' Al offices, businessEs, and sha[ be operated and conducted entirery within a buirding, except for permitted unencrosed parking or roading areas, and the outdoor dispray of goods. B' The area to be used for outdoor dispray must be rocated directy in front of the establishment dispraying the goods and entirery upon the estabrishment's own property. sidewalks, building entrances and exits, driveways and streets shall not be obstructed bv outdoor display. Density-Dwelling Uni'6 The number of dwelling units shall not exceed the following: i A. Area A, Cascade Village In Area A, a minimum of three hundred fifiy-two (3s2) accommodation or transient dwelling units and a maximum of ninety-four dwefiing units as defined by the tabres in Section 18.46.103 for a total density of two hundred seventy (270) dwelling units. B. Area B, Coldstream Condominiums Sixty-five (65) dwe ing units C. Area C, Glen Lyon primary/Secondary and Single_Famity Lots One-hundred four (1M) dwelling units. D. Area D, Glen Lyon Commercial Site Three dwefiing units, two of which shafl be emproyee dweling units as defined Chapter 12-13, of the Municipal Code. Densi9-Floor Area A. Area A, Cascade Village The gross residentiar floor area (GRFA) for aI buirdings shart not exceed 289.i4s square feet. B. Area B, Coldstream Condominiums Sixty-five thousand square feet (65,000 sq. fi.) GRFA. Odinance 23, Seri.3 of 1998 C. Area C, Glen Lyon primary/Secondary and Single_Family Lots GRFA shat be carcuraled for each rot per section 12-6D-8 (Density contror) for the Primary/Secondary district of the Town of Vail municipal code. D. Area D, Glen Lyon Commercial Site The development pran for this area has expired. see ordinance No. g, series of 1998 for previous requirements. Commercial Square Footage A. Area A, Cascade Vi age Area A shall not exceed 35,699 square feet of commercial area. B. Area D, Glen Lyon Commercial Site The deveropment pran for this area has expired. see ordinance No. g, Series of 1998 for previous requirements. Development Statistics for Area A. Cascade Vi age, and Area D, Glen Lyon Commercial Site CHART 1: Area A Completed projects Ordrnance 23. Series of 1998 otf|c! pa ing rc\uiranrnts "'Fot the purpos.s of calcullting GRFA for lhe cosg.ill parcel (Mill.ace tv), no credits snal bc givrn .xccpt for 3oo s,f. to b. allowcd lor each enctosed pa*ing spac6. Ordinsnc€ 23, Series ot l99B CHART2:AREA A REQUIRED PARKING Development PIans sile specific devetopment prans are approved for Area A and Area D. The deveropment plans for Area A are comprised of lhose plans submitted by Vail Ventures, Ltd. and other developers. The development plans for Area D are comprised of those Drans submitted by the Glen Lyon Office Building, a Colorado partnership. The following documents comprise the deveropment pran for the sDD as a whore, waterford, Cornerstone, Cascade Club Addition Scenario 1 and 2, Millrace lV, and Area D-Glen Lyon Commercial Site and is not all inclusive: 1. Waterford, Sheet #L-2, dated 11_j2-92, Landscape plan, Dennis Anderson.2. Waterford, Sheet#1.1, dated 11_13-92, Site/Grading ptan cwathmey, pratt, Schultz. 3. Waterford, Sheet#2.1. dated 11-13-92, ptan Level 38/43,3", Gwathmey, pratt, Schultz. 4. Waterford, Sheel #2.2. dated 1 1-13-92, plan Level 48 -6,,/53._0,,, Gwathmey, Pratt, SchulE. 5. Waterford, Sheet #2.3, dated 11-13-92 ptan Level 59,_0:/64 _3,, by Gwathmey, Pratt, Schultz. 6. Waterford, Sheet #2.4, dated 1 14-92, ptan Level 69,_6,?4,_9", Gwathmev. Pratl Schultz. 7. Waterford, Sheet #2.S, dated 11-13_92, plan Level 80,-0y85,_3" Gwathmey, Pratt. SchulE. 8. Waterford, Sheet #2.6, dated 11-13-92, plan Level 90,-6,, Gwathmey, pratt, Schultr. 9. Waterford, Sheet #2.7, dated 11-13-92, ptan Level 101,-0,, Gwathmey, pratt, Schultz. Parking for Compteted projects per Chart 1 in Parking Spaces 449.9 Less 17.5olo Mixed-Use Credit Total Required parking at Build-Out of Area A in Cascade Struclure 371 .2 Required Parking in Cascade Structure at Build-Out of Area A \Mth 17.5% mixed-use credit Ordinance 23, Series ot t99E 10 '10. Waterford, Sheet #2.8, dated 11_13_92, plan Levet 111 -6,, Gwathmey, pratt, Schultz. 11 . Waterford, Sheet #2.9, dated 1 1-13-92, ptan Level 122 _0,, Gwarhmey, pratt, SchulE. 12. Waterford, Sheet #2.10, dated 12_14-92, Roof ptan A' Levels cwathmey, pratt, Schultz. 13. Waterford, Sheet #3.1, dated 1 1-13_92, Elevations Gwathmey, pratt, Schultz.14. Waterford, Sheet #3.2, dated 11_13_92, Elevations, Gwathmey, pratt, Schultz.15. Waterford, Sheet #4.1, dated 114_92, Sections Gwathmey, pratt, Schultz.16. Waterford. Sheet #4_2, dated 11_4_92, Sections, Gwathmey, pratt. Schuttz.'17. Waterford, Sheet #4.3, dated 11_4_92, Sections, Gwatnmey, pratt, Schultz.18. Waterford, Sheet #9.i, dated 10-20-92, Unit plans Gwathmey, pratt, Schuttz.19. Waterford, Sheet #9.2, dated 10_20-92, Unit plans, Gwathmey, pratt, Schultz.20. waterford, sheet #9.3, dated 10-20-92, unit prans Gwathmey, pratt, schurtz.21. Waterford, Sheet #9.4, dated 10_20_92, Unit plans, Gwathmey, pratt, Schultz.22. Waterford, Sheet #9.5, dated 10.20-92, Unit plans Gwathmey, pratt, Schultz.23. Cascade Club Addition Site plan, Roma, 10/10/8g. 24. Cascade Ctub Floor plan, Roma. 1O/10/88. 25. Millrace l, Sheet #.1, dated 5/6/93, Site plan, Steven James Riden. 26. Millrace lll, Sheet #2, dated 4/13/93, Floor plans for Single Family Residence. Steven James Riden. 27. Millrace l', Sheet #3, dated 5/6/93, Elevations for Single Family Residence, Steven James Riden. 2S Millrace Ir. sheets #4 and #s, dated 3r20r93, Froor prans for Duprex Buirding, Steven James Riden. 29. Millrace lll, Sheets #6 and #7, dated 5/6/93, Etevations for Duplex Buitding, Steven James Riden. 30. Mirrrace H, sheet L1, dated 5/6/93, site/Landscape pran, steven James Riden.31. Millrace lV, Scenario l, a/lda Cosgriff parcet, Site plan, Arnotd Gwathmey pra', 10t28t91 . 32' Mirrrace rV, scenario i, a/k/a cosgriff parcer, Erevations Arnord Gwathmev pratt. 10t22t91 . 33. Millrace lV, Scenario l, a/k/a Cosgriff parcel, Floor ptans Arnotd Gwathmey pratt, 10r23t91 . 34 Mirrrace rv, scenario r, a/ua cosgriff parcer, Landscape pran, Dennis Anderson Associates. 35. Cosgriff Parcel, Survey, Alpine Engineering, Inc., 1O/31/91 stamDed. 36. Survey, a part of Cascade Vi age, Eagle Valley Engineering, Leland Lechner, 6t8t87. 37 . Site Coverage Analysis, Eagle Valley Engineering, 1O/1 O/Bg. Ordinance 23. Se.iss of 1996 38. cascade Village special Deveropment District Amendment and Environmentar lmpact Report: peter Jamar Associates, Inc., revised 11t2alg}. * A maximum of 1000 sq. ft. of common area, in addition to the approved prans, may be added to the waterford project to alow for compriance with the uniform Buirding code, uniform Fire code and American Disabirities Act. The staff sharr review a[ such additions to ensure that they are required by such codes. Area C, Glen Lyon Primary/Secondary and Single Family Lots 1. Building Envelopes for Lots 39_1 and 39_2 per sheet, L_1 , prepared by Design Workshop, Inc., dated 1 1-9-98. Area D, Glen Lyon Commercial Site The development plan for this area has expired. see ordinance No. B, series of 199g for previous requirements. Development Standards The development standards set out herein are approved by the Town Council. These standards shall be incorporated into the approved development plan pedinent to each development area to protecl the integrity of the development of sDD No. 4. They are minimum development standards and shall apply unless more restriclive standards are incorporated in the approved deJelopment plan which is adopted by the Town Council. Selbacks A. Area A, Cascade Village Required setbacks shall be as indicated in each development plan with a minimum setback on the periphery of the property of not ress than twenty feet, with the exception that the setback requirement adjacent to the existing cascade parking structure/athletic crub building shalr be two feet as approved on February g, 19g2, by the Planning and Environmental commission. All buildings shall maintain a 50 foot stream setback from Gore creek. The waterford building shall maintain a minimum 20 foot setback from the north edge of the recreational path along Gore Creek. B. Area B, Coldstream Condominiums Required setbacks shall be as indicated on the development plan. C. Area C, Glen Lyon primary/Secondary and Single_Family Lots Required setbacks shall be governed by Section 12_6D_7 of the Primary/secondary zone district of the Town of Vair Municipar code. For singre-family Lots 30-1 and 39-2, deveropmenl sha occur per the approved buirding enveropes and is subject to the following: . All fuiure deveropment wi be restricted lo the area within the buirding enveropes. The only development permitted outside the building envelopes shall be landscaping, driveways (access bridge) and retaining wals associated with driveway construction. AFgrade patios (those within 5, of existing or finished grade) wilr be permitted to project beyond the buirding enveropes not more than Ordinence 23. Seri6s ol 1 998 ten feet (10') nor more than one_half (2) the distance belween the building envetope and lhe property line, or may project not more than five feet (S,) nor more than one-fourth (3) the minimum required dimension between buirdings.D. Area D. Glen Lyon Commercial Site Required setbacks shall be as indicated on the approved developmenl plans. Height A. For the purposes of SDD No- 4 calculations of height, height shall mean lhe distance measured vertica[y from the existing grade or finished grade (whichever is more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the highest ridge line of a sroping roof unress othe*ise specified in approvecr deverooment plan drawings. B. Area A, Cascade Village 1. The maximum height for the Westin Hotel, CMC Leaming Center, Tenace Wng, plaza Conference Building and Cascade parking Struclure/Athletic Ctub is 71 feet. 2. Comerstone Building: Maximum height of 71 feer. 3. Waterford Buirding: Maximum height of feet as measured from finished grade to any portion of the roof arong the north erevation shal be s5' (south Frontage Road), 56' arong the west erevation westhaven Drive, and 6s feet along the south and east elevation as measured from finished grade. 4. Westhaven Building: A maximum of 55 feet. Millrace lll: A maximum of 36 feet. Millrace lV: A maximum of 36 feet. Cascade Club Addition: A maximum of 26 feet. Cascade Entry Tower: A maximum of 36 feet. The remainder of buildings in Area A shall have a maximum hetght of 4g feet. C. Area B. Coldstream Condominiums The maximum height shall be 48 feet. D. Area C. Glen Lyon primary/Secondary and Single_Fam,ty Lots The maximum height shall be 33 feet for a sloping roof and 30 feet for a flat or mansard roof. E. Area D. Glen Lyon Commercial Site 51olo of the roof shafl have a height between 32 and 40 feet. 49olo of the roof area shall.have a height under 32 feet. on the perimeter of the buirding for Area D, height is measured from finished grade up to any point of the roof. On the interior area of any building, height is measured from existing grade up to the highest point ofthe roof. Development plan drawings shan constitute the height aIowances for Area D. J. 7. a 9. Ordingncc 23. Seriq ot 1998 '13 Site Coverage Areas A & B: No more than 35% ofthe total site area shall be covered by buildings, . provided, if any portion of the area is developed as an institutional or educational center,41oh of the area may be covered unless otherwise indicated on the site specific development plans. Area C: No more than 25% ofthe total site area shall be covered by buildings, unless the more restrictive standards of Chapter 12-21 of the Vail Municipal Code apply. Area D: No more than 370lo of the totar site area shal be covered by buirdings and the parking slructure. Landscaping At least the following percentages of the total development area shall be landscaDed as provided in the development plan. This shall include retention of natural landscape, if appropriate. Areas A and B, fifty percent, and in Areas C and D, sixty percent (60%), of the area shall be landscaped unless otheMise indicated on the site specific development plans_ Parking and Loading A. Area A, Cascade Village 1. Off-street parking shall be provided in accordance w,th Chapter 12-10, except that 75% of the required parking in Area A shall be located within a parking structure or buildings with the exception of Mirrrace lv, scenario r, where . 66.6% of required parking shall be enclosed in a building. _ 2. There shall be a total of421 spaces in the main Cascade Club parking structure. A 17.S percent mixed_use credit perthe Town of Vail parking code, has been appried to the totar number of required parking spaces in the cascade structure. 3. There shall be a total of 5g on-site parking spaces on the Waterford building site with a minimum of 75olo of the required space located below grade. No mixed use credit shall be applied to this site. 4. There shall be a minimum of 93 enclosed parking spaces located within the cornerstone buirding with 37 0f the required spaces avairabre to the Dubric for short-term parking. No mixed use credit has been applied to this lot. 5. The third floor of the Cascade parking structure sha not be used lo meet any parking requirements for accommodation units, transient residentiar dweflino . units, employee dwelling units or dwelling unils. 6. Phasing: Arr required parking for cornerstone and waterford shafl be located on their respective sites. All required parking for the Cascade Club weflness center Addition scenario 1 shal be provided in the cascade parking slructure. Ordinance 23, Serie3 ot 1998 14 7, Seventy-five percent ofthe required parking sha be located within the main building or buildings and hidden from public view from adjoining properties within a randscaped berm for westhaven condominiums, and Mirrrace fi. 8. All loading and delivery shall be located within buildings or as approved in the development plan. B. Area B. Coldstream Condominiums Fifty percent of the required parking shal be rocated within the main buirfling or buildings and hidden from public view from adjoining properties within a landscaped berm. Area C, Glen Lyon primary/Secondary and Single_Family Lots Off-street parking shall be provided in accordance with Chapter 12-10 ofthe Municipal Code. D. Area D, Glen Lyon Commerciat Site 7. Once the parking structure is constructed, the parking and access to Area D shall be managed per the TDA parking Report, parking Management Section, pages 6 and 7, August 10, 198g, and TDA Report, Vail Brewery parking Analysis Update, dated January 16, 1990, both written by Mr. David Leahy. 8.' No roading or derivery of goods shafl be alowed on the pubric righlof-way atong the South Fiontage Road adjacent to the Area D development. 9. The owner of the property and brewery management shall prohibit semFtruck and trailer lruck traffic to the Gren Lyon commerciar site. The onl! truck loading that shafl be alowed to the site shat be vans having a maximum length of 22 feet. Recreation Amenities fax Assessed The recreationar amenities tax due for the deveropmenr within sDD No. 4 under chapter 3 20 shall be assessed at a rate not to exceed twenty-five cents per square foot of the floor area in Development Area A; and at a rate not to exceed fifty cents per sqlare foot of GRFA in Development Area B; and at a rate not to exceed fifteen cents per square foot of GRFA in Development Area C; and at a rate not to exceed seventy-five cents per square foot of floor area in Development Area D; and shall be paid in conjunction with each construction phase prior to the issuance of building permits. Consetyati o n and po t I uti on Controls A The deveroper's drainage pran sha incrude a provision for prevention of Dotution from surface runoff. B. The developer shall include in the building construction, energy and water conservation controls as general technology exists at the time of construction. c. The number of fireplaces permitted shall be as set forth in the Town of vair Municipal as amended. D lf firepraces are provided within the deveropment, they must be heat efficient lhrough the use of grass enclosures and heai circurating devices as technorogy exists at the time of develoDment. Ordinance 23, Series of 1999 E' At water features within Deveropment Area A shafl have overflow srorm drains per the recommendation of the Environmental lmpact Report by Jamar Associates on Page 34. '- F All parking structures shall have pollution control devices to prevent ojl and dirt om draining into Gore Creek. ' G ln Area D' a manhole on the brewery service line shall be provided so that the pper Eagle Valley Consolidated Sanitation District may monitor BoD strength..H. ln Area D, the brewery management shall not operate the brewery process during temperature inversions. lt shall be the brewery owne/s responsibility to monitor inversions. ' All trash compactors and trash storage areas shall be completely enclosed within ' Special Development District 4. J Protective measures shafl be used during construction ro prevent soir erosion inlo Gore Creek, parficularly when construction occurs in Areas A and D. K. The two employee dwelling units in Area D shall only be allowed to have gas fireplaces that meet the Town of Vail ordinances governing firepraces. Additional Amenities and Approval Agreemen5 for Specia! Development District No. 4. A. The developer shall provide or work with the Town to provtde adequate private transportation services to the owners and guests so as lo transpon them from the devetopment to the Village Core area and Lionshead area as ouflined in the approved development plan. B. Area A, Cascade Village 1. The deveroper shafl construct a sidewark that begins at the entrance lo the cascade crub arong westhaven Drive and extends to the west in front ofthe wesrhaven buirding to connecl with the recreationar path to Donovan park. The walk shall be constructed when.a building permit is requested for Westhaven Condominiums. The sidewalk shall be part of the building permit ptans. The sidewark shat be constructed subsequent to the issuance of a buirding permit and prior to the issuance of a temporary certificate of occupancy for Westhaven Condominiums. 2. The developer shall provide 1OO-year floodplain information for the area adjacent to the Waterford and Cornerstone buildings to the Town of Vail Community Development Department before building permits aie released for . either project. 3. Comerstone The development pran for this area has expired. see ordinance No. 8, series of 1998 for previous requiremenrs. 4. The Ruins / Westhaven Condominiums The development plan for.this area has expired. See Ordinance No. g, Series of 1998 for previous requirements. Ordinrncc 23, Series of t99g C. Area D, Glen Lyon Commercial Site. The deveropment pran for this area has expired. see ordinance No. g, series of 1998 for previous requirements. Employee Housing The deveropment of sDD No. 4 wit have impacrs on ava,rabre emproyee housing within the Upper Eagre Vatey area. In order to herp meet this additionar emproyee housing need, the develope(s) of Areas A and D shall provide employee housing on site. The developer(s) of Area A shall build a minimum of 17 employee dwelling units within Area A westhaven condominium buirding (Ruins), 3 within the cornerstone Buirding and 2 within the Liftside (waterford Buirding). Each emproyee dweling unit in the westhaven ' condominium Buirding (Ruins) shal be deed resrricted as a Type I EHU. Each emproyee unit in the cornerstone Buirding shar have a minimum square footage of 600 square feet. There shafl be a totar of 2 emproyee dwefling units in the waterford Building- one shall be a minimum of 300 square feet and the other a minimum of goo square feet. The deveroper of Area D shal buird 2 emproyee dwe|ing units in the Area D east buirding per the approved pran for the East Buirding. In Area D one emproyee dwe ing unit shall have a minimum GRFA of 795 square feet and the second emproyee dwefling unit shall hbve a minimum GRFA of 900 square feet. The GRFA and number of emproyee units shall not be counted toward allowable density or GRFA for sDD No. 4. All Emproyee Housing units shafl be deed restricted per chapter 12.13, as amended, of the vair Municipar code prior to issuance of buirding permits for the respective project. In Area C, Lots 39-1 and 39_2, shall be required to provide a Type ll, Employee Housrng Unit (EHU) per Chapter 12_1 3 of the Zoning Regulations of at least 500 sq. ft. each. on each rot. These rots shal not be entitred to the 500 sq. ft. of additionar GRFA The 500 sq. ft. sha[ be incruded in the alowabre GRFA on these rots. Each rot shal arso be entitled to 300 sq. fl. of garage area credit for the emproyee housing unit, in addition to the 600 sq. ft. garage area credit aflowed per residence. The driveway width of 12 ft is arrowed to remain (no increase in driveway width is required) for aI atowed/required dwelling units and employee housing on these lots. Time Requirements sDD No. 4 shafl be governed by the procedures ouflined in section 12_9A of the Town of Vail Municipal Code. Section 5. lf any part, section, subsection, sentence, crause or phrase of this ordinance is for any reason held to be invalid, such decision shal not affect the varidity of the remaining portions of this ordinance; and the Town councir hereby decrares it wourd have passed this ordinance, and each part, section, subsection, sentence, crause or phrase thereof, regardress of the fact thar Ordinancc 23, Senes of 1998 any one or more parts, sections' subsections, sentences, crauses or phrases be decrared invalid- Section 6. The repeal or the repear and re-enactment of any provisions of the vair Municipar code as provrded in this ordinance shal not affect any right which has accrued, any duty imposed, any violation that occuned prior to the effective date hereof. any prosecution commenced, nor any other action or proceeding as commenced under or by virtue orthe provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordtnance previously repealed or superseded unless expressly stated herein. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repeared to the extent onry of such inconsistency. The repealer shall not be construed to revise any byraw, order, resorution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED oNcE rN FULL oN F'RST READTNG this 1sth day of December, .rgg', and a public hearing foi second reading of this ordinance set for the 5th day of January, 1999, in the Council Chambers of the Vaii Municipat Building, Vail, Cotor Robert Ford, Mayor READ AND APPRO'ED oN sEcoND READTNG AND .RDERED puBLrsHED rN FULL rhis sth day of January, 1999. Odinance 23, S6.i66 of 1998 o EXHII]IT "A" KOELBEL PROPERTY DEVELOPMENTAREA A A part of the sw r /4 NE l/4 of scction l 2, Township 5 south, Range g l west of the 6rh P.M., desiribed as follows: Beginning at a point on the west line of said sw l/4 NE l/4 from which the North onc_quarter corner of said Section bcars North 0" 15, Easl 2269.4g feet; thence Nofih 0.15, East,along said wcst Line, r52.36 fecr to a poinr on the southeasterly right of way line ofU. s.Highway No. 6; thence, along said Southeasterly rigbt ofway line, as follows: Nonh 52'27' East, 102.31 feet: Nonh 49'20' Easr, 5 I9.57 fcct; and Norrb 48" l3' East, 549.09 feer, more or less, ro a poinr on the Nonb line ofsaid SW l/4 NE l/4; thence North 88'J3'Easr, along rhe Nonh line oisaid sw l/4 NE, 36g feet, mor.e or less, to a point on the centerrine ofGore creck; thence, arong the centerline ofGore creek, as follows: Vail-Rose South 36'49' West, l0l .04 feet; Sourh I 8 "2I' Wcst, 54.08 fccr; Sourh I "24' Wcst, 205.02 fccr; Sourh I 2' I 0' West, I I 0.25 fecr; and South 28"41'Wesr,242.35 fcst, thence South bcginning. Rosc Palccl 12.370 acres 75' l5' Wesr, 1064. I 0 feet to the point of J.190 aclcs A rract of land situarcd in rhc SWI/4NEl/4 of Sccrion 12, Tp 5 S., R. gl W., of thc 6rh P.Ivl., lying Southerly ofthat cenain ract ofland described in Book 199, page 197, Nortberlf and westerly ofthe center line ofGore creek, and lying Northerly and Easterly 6fthose certain trocts described in Book 2r r at page 106, Book 2l l ar pige r0g and Boot 2r5 at page 365, described as follows: Beginning at a point on the Nonh-Sourh center line ofsaid section lz whence theNonh quaner corner ofsaid Secrion l2 bears N. 00" 15, E. 2269.49 feet: thence N- ?5' l5' E. 346-26 fcct ro thc rrue poinr ofbeginning, said point being on thc South linc ofrhar t'act dcscribcd in Book t99, nagc tsz and wiich bcars S. 0g.26' el zzos.l+feet fi'om the North quaner corncr of said Secrion I2: thence N. 75' l5' E. 7l 7.84 feet along the Southerry rine of rhar tracr described in Book 199, Page 197 to thc centcr of Gorc Creck: rhencc S. 2tt"4l' W. 130.61 fcer along thc center line ofsaid Crcek; thcncc S. 05 "24'30" E. I 04.50 fcct along the ccnrcr line of said Creek; thencc S. 49'29' W. 95.50 feer atong rhc ccnter line ofsaid Creek; thcncc S. 22'34'\j\t.124.47 fcct along thc ccntcr linc ofsaid Crcck; thcncc S. 54'00'w. r r9.34 fcct along rhc ccnrcr rine ofsaid crccki to thc Southcast corner of thar cenain tract of land described in Book 2 I I , page I 0g; thcncc N. 33 " I 6'30" W. 140. I 2 fcct along tlrc Eastcr'l! line of rhat tract dcscribed in Boor 2l I at Page 108; thencc N. 57'42'30" w. r 59.88 fccr along thc Nonheasterry line of that tract dcscribcd in Book 2ll at Page 108; thcnce N. 86'02'30" w. r62.92 fcct arong the Northerry rine of thosc n.acts dcscribcd in Book 2l l ar Pagc 108, Book 2ll at pagc 106 tJa point; thence N 32'57'30" w. ?6.08 feet along rhe Nollheasterry rine ofthat ract described in Book 2 I 5 at Page 365, ro thc poinr of beginnin[. Fle\€ryonc\domuo€tb.l.tee , i:, r;!,oa Attachment: E ORDII'IANCE NO. 5 Series ot tglo- AN ORDINANCE ESTABLISHING SPECIAL DEVELOPI,IENT DISTRICT 4 AND AI4ENDING THE ZONING ORDITIANCE AND TIIE OFFICIAI. ZONING MAP. WHEREAS, Article 1, Section 1.20I, of the Zoning I Orainance, Ordinance No. 8, Series of l-973, of the Town of VaiI, Colorado, as amended, established thirteen zoning dis- tricts for the rnunicipality, one of !^'hj-ch is the Special Development District; I{HEREAS. },lansf ield Corporation anit Gore Creek Associates, limited fartnership, submitted as owners applications requesting that the TowD establish Special Devel-oPment District 4. hereinafter referred to as "sD4". for the development on its parcel of land comprj,sing 97.52 acres in the portion of the Lions Ridge area, county of Eagle, State of CoLorado, which was annexed to the Town effective on the 16th day of Deceneer, ]975; WHEREAS, the establishment of the requested SD4 will - ensure unifietl and coordinatecl deveLopnent and use of a critical {\ site as a whole and in a manne! suitable for the area in which it is situated; and WHEREAS, the Town Council considers that it is reasonable, apPropriate, and beneficial to the Tov'n and its citizens, inhabitants, anil visitors to establ-ish said SD4; NOW' THEREFORE ' BE IT ORDAINED BY THE ?OWN COUNCIL OF THE TOIIN OF VAIL, COI,ORADO, AS FOI'LOIIS : Section I. Title. I This oritinance shaLl be known as the "Ordinance Establishing Special DeveloPment District 4" ' section 2. Amendment Procedures F'rlfi1led; Planning Cornmission Report. The amendnent procedlures prescribed in Section 2I'500 of the Zoning ordinance have been ful1y compliedl with and the Town council has receivecl the report of the Planning Commission recornmending ',\ \\ =...._..=i-7-town L terK o ' the enactment of this ordi-nance. section 3. SpeciaL Developnent District 4 Established, Amendnents to Zoning Ordinance and Official Zoning i4ap_ pursuant to the provisions of Articles I, 13, and 21 of the Zoning Ordinance, Ordinance No. g, Series of 1973, of the . Tor^rn of Vail, Colorado, as amended, Special Development District - 4 (sD4), a special development zoning district, is hereby established for the clevelopment on a certaj.n parcel of land corngrrising 9?.52 acres in the Lions Ridge area of the Town, and the zoning ordlinance and the Official zoning Map are hereby amended by the addition of the follovring provisions which shall become the Fourth Chapter of ArticLe 13, the caption of lvhich shall be ',Special Developtnent Distlict 4", and a map which shall become an addition to the Official Zoning Map: A. Purposes. special Development District 4 is establishecl to ensure comprehensive development anal use of an area in a nanner that will be harmonious with the general character of the Town, \ provide adequate open space and recreational amenities, andl promote the objectives of the Zoning Ordinance; Special Develop- ment District 4 is createal to ensure that the clevelopment density will be relatively 1ow and suitable for the area and the vicinity in which it is situated, the development is regardledi as complenentary to the Town by the Town Council and the planning Conrnission, and there are significant -aspects of the special -clevelopment which cannot be satisfied through the inposition of standard zoning dlistricts on the area. B. Special Development District 4 Established. (1) Special Development District 4 is established for the devel-opment on a parcel of lanal comprising 97.52 acres as more particolarly described in Exhibit A Legal Description attacheal I hereto and madle a.part hereof; Special Development District 4 and said , 97.52 acres may be referred t'o as ,'SD4". (21 The District shall consist of four separate l..tY Town C,l.erk -2- i''!O ,OO i development areas, as identified on of the foJ-lowing approxitnate size: mab consi st ing DEVELOPUENT ARBA 16. 82 20+ D 3+ Development Area A is now owned by the l,lansf ield Corporation, nominee. Development Areas B, C, and D are now owned by Gore Creek Associ.ates, a limited partnership organized under the laws of tbe State of Colorado. C. DevelopneDt PlaD Requlred. (I) Before the owner cornmeuces si1.e preparation, buildlng constr.uctlon or other improvments withln SD4, there shaLl be an Approved Development Plan for SD4. DeveLopment of SD4 may be phased by DeveloprneDt Alea and within Developnent Area but a sufficient anount oJ information strall be supptied with respect to aLl Development Areas iD order to allow the planning Commission and Town Council to ensure the compatability of any proposed Development PIan witb tbe remainder of SD4. (2) Each DevelopmeDt Area shall be subject to a single Development PLa!. Development plans for a portion of DevelopmeDt Area must comply wlth the provisions, terms, aDd coEditions of tbe Devel-opmetrt Plan for the Development Area. (3) A Pioposed Development Plan for SD4 shall be sub- mltted to the Zonjag Adnirj-strator wbo shall refer the Development Plan to the Planning Commission aDd to tbe Deslgn Bevlew Board, which shall consider the plan at a regularly scbeduled meeting, and a report of the PlaDuing Commission setting fortb its findings and lecommendations shall be transmitted to the Town Counci,l in as- cordance with the applLcable provisions of ArtlcIe 21 hereof. the attached ACREAGE 1 ( -3 o (4) Upon receipt of the proposed Development plan and Planning Commission report, the Town Council shall determine wtrether the plan is acceptable to the Town in accordance wj.th the applicable provisions of Sections 21.505 and 21,506 hereof. This determination by the Town Council sha1I be made through its enactment of an ordinance amending the provisions of SD4 to incorporate the Development Plan as an amendment thereto, and sha]l become the approved Development PLan. (5) The Approved Devel.opment Plan shal1 be used as the principal guide for all deveLopment within SD4. Amendemnts to an Approved DeveLopment Plan whj,ch do not cbange its substance and which ale duly recommended in a report of the planning Commission may be approved by the Town Council by resolution. Each phase of development sha1l require, prior to issuance of building permrrs, approval of the Design Review Board in accordance with applicable provj-sj,ons of Article 15 hereof. D. Contents of Proposed Developmer.lt plans. (1) Before any site preparatj.on, building construction or improvements of any area within SD4, the developer shall submit to the Zoning Administrator an overall Environmental- Inpact Report for SD4 in accordance with the applicabJ.e provlsions of Article 16 bereof; provided that such overall Environmental Impact Report shall be supplemented with respect to each Development Area as bereinafter prov ided. (2) A Proposed Development pIEn shall incLude, but is not Linited to the following data: I. The complete Environmental Impact Report together wittl a SuppLemental EnvironmentaL Impact Report which brings the orj.ginal Repolt to a current status, supplementing such report witb Tespect to tbe Develop-ment Area or Development Areas involved and is acceptable to the Zoning Administrator. 2. Exlsting contours having contour intervals of not more than five (5) feet if the average slope of the site is Z0 per cent or Iess with contour intervals or not more than ten (10) feet if the average slope of the site is greater that 20 per cent.Existing and proposed contours after grading for each phase. io ( I I iv oO o A conceptual site p1an, at a scale not smalLer that one (1) inch = 40 feet, sbowj.ng the locati.ons and dimenslons of al.l buildings and structures, uses therein, and all principal site development features, such as landscaped areas recreatj,onal facilities, pedestrial plazas and walkways,service entries, driveways, and off-street parking and loading areas. 4. A prel iminary ]andscape pIan, at a scale not smalLer than one (1) incn =40 feet, showing existinE; landscape features to be retai.ned or removed. and showing, proposed laudscaping and landscaped site development features, sucb as an outdoor recreatlonal facilities.bicycle paths, trails, pedest r i an plazas and walkways, water features and other elements for each development area. 5. Preliminary building eLevatj,ons, sections, and floor plans, at a scale not smaller than l/8 inch = I foot, in sufficient detaj.l to determine floor area, gross residential floor area, interior cj-rcuLation,location of uses within buildings, and the gerleral scale and appearaDce of the proposed development for each deveLopment area. 6. A proposed plan of parking, Ioading,traffic circulation, and transit facilities; and a proposed program for satisfying traffic and transportation needs generated by the development for each development area. 7. A volumetric model of the site and tbe proposed development, at a scale not smaller than I inch = 100 feet, portraying the scale and relationships of the proposed development to tbe site and illustrating tbe form and mass of the proposed buildings for each development area. 8. An architectural model of each proposed building at a scale deemed appropriate to the development by the Zoning Adminlstra-tor h^?r-'oi'ino .resign details for each phase. 9. A proposed program indicatlng order of construction phases, transportation facilities, and recreational amenities. 10. A proposal regardj.ng the dedication to the Town or private ownership and naiDtenance of that portion of the Development Area within the 100-year floor plain of Gore Creek. In the event the 100-year flood plain is not dedicated to the Town sucb lands sha1l be subject to a right of public access to Gore Creek, and the right to use a portion of such ]ands for a .bicycle path, and for park purposes provided that tbe location and use of such facilitles and access shall be deter- mined by mutuaL agreement between the Town and the owner of the develoDment areas involved. E. Permitted Uses. Single-family residential dwellings, two- f ami ly C \\v =_^---F!--'.....:_r o.,n /. I erK :'. ':'(a ,O I residential dwelling aDd residential cluster dwellings shall be permitted uses in Development Areas A, B, and C. Two family dwellings, residential cl.uster dwellings, and multiple famlly dwellings shall be perrnitted uses in Development Areas A & B. Professlonal offices and buslness offlces., with a total gross floor area not to exceed ten thousald (10,0O0) square feet, shall be a permj.tted use iD Development Area D. f. CoDditional Uses, The following conditional uses shall be permitted subject to the issuance of a Conditional Use Permlt iD accordance with the provisions of Article 18 of thls ordinance, for the varlous DevelopEent Areas as herelD specified: a t CONDITIONAL USES Private clubs, civic, cultural aod fraternal organizat ions Public utility and public servj.ces Public buildings, gtounds and facilities Public park and recreatloD facilities DEVELOPMENTAREA-ABCD xx xxxx xxxx xxxx xxx Ski lifts and tows Institutlonal or educational center: provided that if said center is constructed, then the followlDg sball be conditional uses in coDjunction tberewith: lodges including accessory eating, drinklDg or recreational establlshmelts--not occupyiug more than 20% of the total gross floor area of the lodge to x,hich it is accessory i Public ot commercial parking faclllties; Professioual offices, business offices and studios. The tern "Institutional or Educational Centerrr shall mean a public or pllvate iDstitution for learnlng, lnstruction or continuing educatioD. Such facilities may be utilized for seminars or educational programs and may include conference aDd meeting rooms, audio-visual facltitles and necessary accessory useage such as dining toons and efficiency dwelllng units. The phrase "efficiency ( awelling units" shall mean any room or group of roons without full kitchen facil-ities, but which may include a retrigerator, sink and cook top oJ no more than two heating units, designed for or adapted xx xx xx -6- ,oo ,o to occupancy by iDdividuals attending the Institutional or Educational Center; the efficienty dwelling units shall be accessibLe frorD conmon corridors, walks or balconies without passing through anothe! efficieDcy dwelfing unit, accommodation unit o! dwelling unit and each said unit shall not exceed 4OO square feet, and shall be coDsideled in determining the total GRFA allowed for each development area. G. Accessory Uses. The following accessory uses shall be permitted in Development Areas A, B, & C. ]., Home occupations, subject to issuance of a home occupations permit in accord with the provisions of Section 1?.300 hereof. 2. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary . for the operation thereof. The foLlowiDg accessoly uses shall be permitted in Developnent Area C only, 1, Attached garages or carports, private greenhouses, s$imming pools, tennis courts, patios, or otber . recreational facilities customarily incidental to pernitted residential uses. Iu addition the following accessory uses shal1 be permitted in Development Areas A and B, . 1, SvLnming pools, teuDis courts, patios, or other recreatioDaf facilities customarily iDcideDtal to pelrDitted or coDditionaf uses, and necessary for the operation thereof. H. Density Control . 1. Tle nunber of dwelling uuits sbalf not exceed the following: DeveloPment Area A - 252 units DevelopneDt Area B - 24O ulits DevelopBent Area C - 17I units I. Developnent StaDdards. The following development standards are hereby / approved by the Ton'n Council; these standards sball be incorporated \into the Approved Development plan pertinent to each Development Area to protect the lntegrlty of the developnent of SD4; the following are minimum development standards and sball apply utrIess more restrictive standards are incorporated in the Approved Development Plan whictr is adopted by the Town Council. i l. Setbacks, llequired setbacks sball be as indicated in each Development PLan with a minimum setback on the periphery of tbe property of not less than 2O feet. 2, Distapce Between Buildings. The mlnimum dj-stances betweeD all buildiugs shall be as iDdlcated on eacb Development { Plan with a minimun of 15 feet, provided that one foot of additional separation between buildings shall be requLred for each 2 feet of. building height over 15 feet, calculated on the basis of the avelage height of tbe two buildlngs 3. Height. The maximun beight of a building j.n Area A shall be 45 feet. The naximum height of buildings in Areas B, C and D sball be 3b feet, 4. Density Control. The gross residential floor area of all buildings in each development area shall Dot exceed .35 GRIA in Area A, .30 CRIA in Area B, and .25 GBFA iD Area C. 5. Site Coverage. In Areas A aud B, no more tban 35% of tbe total site area shall be covered by buildings, provided, if aay portion of sald areas is developed as an institutional or educatlonal ceute!, 45% of the area nay be covered, fn Areas C and D, no mole that 25% of tbe total slte area shall be covered by buildings 6. Useable Open Space. Useable open space sbalt be as indicated on tbe Development Plans but in no case shall the same be less thaD 250 square feet excluslve of required front set- back areas sha11 be provided at ground 1evel for each dwelliDg unit, Useable opeD space may be conmon space accessible to mole tban one dwelliug unit, or nay be private space accesslble to separate dwelling units, or a combiratioD thereof. At least 50 per cent of the lequj.red glound level useable open space shall be common space. The minirnurn dimension of aDy area qualifylng as glound Level useable open space sha11 be ten (1O) feet, ( ( -8- ( ( (oo (o 7. Landscaping. At least the following proportions of tbe total Developrnent Area shall. be landscaped as provided 1n the Development Plan (this shal1 include retention of natural landscape, if approprj-ate). Areas A and B, 5O% and Areas C and D, 60%. If any portion of Areas A and B is developed as an institutional or educational center, these limitations may be modified in accordance wj.th amendment procedures speclfied in Section 2l,5OO of the Zoning OrdlDaDce. 8.1 Parklng, Offstreet parking shall be provided in accordance with Articte 14 of the Zoning Ordinance except that 75% of the required parking in Area A shall be located within the main building or buildings. In Areas B and D, bOft of the required parking shal1 be located wltbln tbe main building or buildings. OD-site parking shaI1 be provided for conunon carriers providing charter service to the devel"opment; said bus parking shall be indicated on the DevelopmeDt Plan. No parking or loading area shall be located in any required front setback area. If any portion ot Areas A and B is developed as an iDstj-tutlonal or educational center, these linltations may be modified in accordance witb arneDd.- meDt procedures specified in Section 2I.5OO of the Zoning Ordinance. J. Rec.reation Amenities Tax, The :cecreational amenities tax due for the development with SD4 under OrdiDance No. 2, Serles of L974, of the Town of Vail, Colorado, sha1l be assessed at a rate Dot to exceed $0.25 per square foot of-the floor area in develop- ment Areas A, B, and C, ald at a rate not to exceed 90.75 per square foot in Development Area D; and shall be paid in conjunction witb each constructioD phase prior to tbe issuance of a building permit, K. Conservatlon arrd PoLlution Controls. (1) Developer's drallage plan shall include provisj.oD for prevention of pollutioD fron surJace run-off. (2) Developer shall include j-tr the building construction energy and water conservation controls as general tecb[o1ogy exists at the time of constructlotr. \ ".:' o .a O.o L. Recreational Amenit ies (1) The approved Development Plan shall include the f ol low j.ng recreational amenlties: (a) Bike and i'edestrian path traversing property from east property ]ine to west plopelty line 6ha11 be provided by developer ]r'ith exact location to be mutually acceptable to develbper aDd Town Council . ld. Additional Anenlt ies pr iva te (I) Developer shall provlde adequa-te ^ransportation services to the owners and guests of the development so as to transport them from the development to Village Core alea and Lionshead area as outlhed ln the approved Development Plan. (2) Developer shall provide in its approved Developtnent PIan a bus shelter of a design aud location nutually agreeable to developer aud Town Council. Said shelter to serve the area generall.y. N, Limitation on Existence of Special Development District 4. Prior to the adoptlon of the Approved Development PIan, tbe Town Councll reserves to the Towu the rj.ght to abrogate or modify SD4 for good cause tbrough tbe enactment of an ordinance; provided, however, tbat in the event the Town Council finds it to be appropriate to consider whether to abrogate or modify SD4 tbe procedures shal1 be as provided in Section 21 .5OO of the Zonitrg Ordinance pertaining to amendments. O. Addition to OfflclaL Zoning Map. Special Development District 4 shall be indicated oD a tttap whlch aroends and 6ba]1 become an addition to the Officlal ZoniDg Uap. { I -IU- (o o { Section 4. Effective Date. This ordinance shall take effect in accordance with the provisions of the Charter of the Ton,n of Vail. INTRODUCED, READ ON FIRST READING, APPROVED, ANd .r ORDERED PUBLISIIED ONCE IN FULL, this 10th day of February, 1976, a and a public hearing on this ordinance shal1 be held at the regular meetiDg of tbe Town Councll of the Town of Vail, Colorado, on the 2nd day of March, 1976, a.t 7:30 P.M., in the Municipal Building of the Town. INTRODUCED, itr full this znd day of READ, ADOPTED and March, 1976. ORDEIIED PUBLI SIIED t TOWN iy'. - Ll- (o VaiL-Rose A part Township 5 south, follows: ,o Oi KOELBEL PROPERTY DEVELOPMENT AREA A 12.370 acres of the Sw I/4 NE I/4 of Section 12, Range 8l west of the 6th p.M., described as ,,,' &ginning at a point on the l.lest line of saicl SW I/ 4 i. NE I/4 from which the North one-quarter corner of said Section bears North 0oI5' East 2269.48 feet; thence North 0015' East, along saj-d west Line, L52.36 feet to a point on the Southeasterfy right of way line of U.S. H.ighh'ay tlo. 6; thence, along said Southeasterly right of way line, as follows: North 52027' East, I02,3I feet; North 49o20r Eastf 519.57;feet; and North 48013' East, 549.09 feet, more or less, to a point on tbe North line of said SW L/4 NE l./4, thence North 88033'East, along the North l-ine of said SW I/4 NE. 368 feet, more or less, to a point on the centerline of Gore Creek; thence, along the centerli,ne of Gore Creek, as follows: South 36049' west, 101.04 feett South I8o2Ir west, 54.08 feetr South 1024r west, 205.02 feet; South I2o10r west, 110.25 feet; and South 28041' Wesl., 242.35 feet, thence South 75ol5r West, 1064.I0 feet to the point of beginning. Rose Parcel 3.190 acres A tract of land si-tuated in the SWLNET of Section 12, TP 5 S,, R. 8l W., of the 6th P.M., lying Southerly of that certain tract of land described in Book 199, Page 197, Northerly and Westerly of the center line of Gore Creek, ancl lying Northerly and Easterly of those certain tracts described in Book 211 at Page 106, Book 2II at Page I08 and Book 215 at Page 365, described as follows: Beginning at a point on the North-south center line of saidl Section 12 whence the North quarter corner of said Section 12 bears N. 00015' E. 2269.48 feet; thence N. 75oI5' 8.346.26 feet to the true point of beginning, saiil point being on the south line of that tract described in Book 199, Page 197 and rn'hich bears s, 08026' E. 2205.34 feet frorn the North ouarter corner of said Section 12; thence N. 75015t E. 717.84 feet--along the Southerly that tract described in Book I99, Page I97 to the center Creek; thence S. 28041' W. 130.6I feet alons the center line Creek; thence s. 05024'30' E. 104.50 feet along the center line of said Creek; thence S. 4go2g ' tr. 95.50 feet along the center ]ine of said Creek; thence s. 22034' w. 124.47 feet along the center }ine of said Creek; thence S, 54000' w. 119.34 feet along the center line of said Creek; to the Southeast corner of that certain tract of Iand described in Book !ll, Page 108; thence N. 33"15'30" w. 140.12 feet along the Easterly line of that tract described in Book 211 at page I08; thence N, 57042'30' w, 169,88 feet along the Northeasterly fine of tlat tract described in Book 211 at page 108; thence N. 85002'30' W. 162.92 feet along the Northerly Iine of those tracts described in Book 2Il at Page I08 Book 211 at Page 105 to a point; thence N. 32057'30" w, 76'08 feet along the Northeasterly line of that tract described in Book 215 at Page 365, to the point of beginnj.ng. line of of core of saicl oo t Heede Parcel _L Ota 1 County of Eagle and State of colorado, to wat: A tract of land iituated in the swkNEt of sectj.on J-2, Township 5 south, Range sl west of the 6th Principal Meridian, described as follows; Beginning at a point on the North-South center iine ot said Slctj-on-12 whence the North Quarter corner of said Section 12 bears North 00 degs. 15 mins. East 2269-48 feet; thence North 75 degs. 15 mins. East 346.26 feett thence south 32 degs' 57 mins. 30 secs. East 76.08 feet; tbence South 11 degs' 00 mins' 30 secs. West 279.99 feet to a point in the center of Gore Creek; thence North 50 degs. 32 mins. West l1l.3l feet along the,center Iine of said creekJ thence North 38 degs- 40 mj-ns. West 239'09 feet along the center line of said creek; thence South 75 degs. 35 mins. I,Jest 89.9L feet along the center l-ine of said creek to a point on the North-South center line of said section l-2t thence North O0 degs. 15 mins. East 13.95 feet along the North-South center line of said Section 12 to the point of beginning. 15.820 acres GORE CREEK ASSOCIATES PROPERTY DEVELOPMENT AREAS B, C & D 1,250 acres 80.700 acres the Southerly right of the Southerly line of LegaI Description A11 that part of Section 12, Township 5 south, Range 81 I'Jes t of the 6th P,M., alescribed as foflows: All that part of the NLNEk of Section 12, lying Southerly of the Southerly- right-of-way line of U,S. Highway No. 6 and Norther'Ly of the sluth6rly line of said N!NE|, as shown ln the plat on file in the office oi the Eagle county Clerk and Recorder as Document No. 97489, described as follows: Beginning at the highway survey monument at the intersection of the soutnerty line of siia nignway and the Easterly Line of said NINEI, tit"tt.e the Northeast corner of said Section 12 bears North 0003 ' west 634.785 feet; thence South 73026'30" liest 1112.13 feet along the southerly right of way line of said highway; thencl south 70034' we;t 125.10 feet along the southerty right of way line of said highwaY; th;nce south 69025'-wesl I00,oo feet along way line of said highwayt thince south 65050'-wesi I00,00 feet along sa].o nrgnway; thence South'62015' I'lest 100.00 feet along the southerly right of Iday l-ine of said highltay; th6nce south 58o4or west loo-00 feet al'ong the southerlv right of way line of saicl highwaY; thEnce south 55005'-wesi I00.00 feet along the southerly right of way line of said highwaY; i' tnince South 5Io32'-Wesl t0o.o0 feet along the Southerly right of \ way line of said highvrayt thence South 47057'-Wesl 232.58 feet al-ong the Southerly right of way line of said highway to a Point on the southerly line of said N}NEI ;thence North 88033' East 497.57 feet along the southerly line of said NLNEI to the center of the NEk of saiil Section 12; thence North 88033' East ]379.35 feet along the southerly line of said NLNE* to the southeast corner of said N!r""EL; thence North 0003' West 750.95 feet along the Easterly }ine of said NLNEI to its intersection h'ith the southerly line of said highway, the point of beginning, o AND AII that part of the SwtNEk of Section 12, Iying Southerly of the center of Gore Creek as shown on the plat on file in the office of the Eagle County Clerk and Recorder as Document No. 97489, described as follovrs: ' Beginning at the Northeast corner of saial SWLNELT thence South 88033' West 131-.67 feet to a point in the center of t said Creek;!.. thence south 40009' west 94.04 feet along the center of said Creek; thence South l-8o2l' west 54.08 feet along the crenter of said Creek; thence south 1o?4' West 205.02 feet along the center of said Creek; thence South 12"10' viest II0.25 feet along the center of said Creek; thence South 28041' West 320-00 feet; thence south 5024'30" East, 170.00 feet along the center of said creek; thence south 27000'02" west 85.24 feet along the center of said creek; thence South 54000' west 259.34 feet aLong the center of said creek i thence South 55034' liest l-09.62 feet al-ong the center of said creek; thence South 59o04' west 186.13 feet alonq the center of saicl creek; thence South 85025' west 58.88 feet along the center of said creek; thence North 77o35r west 26.96 feet along the center of saiil creek; thence North 50032' west 199.19 feet along the center of said creek; thence North 38040' vlest 239.09 feet along the center of said creek; thence south 76035r west 89.91 feet along the center of said creeki to a point on the i{esterly line of said SWLNEI; thence South 0015' West 46I.90 feet to the center of said Section 12; thence North 89.02r East 1382.65 feet along the Southerly line of said SWTNEN to the Southeast corner of said SwtNEk; thence North 0006' East 1384.32 feet along the Easterly line of said .-- .svilNEl .to the Northeast corner of said SWtNEt, the point of . D€gLnnrng, AND The NwtSEl of Section 12, Township 5 South, Range 8l west of the 5th P.M-; AND Al-L that part of the sEkNwL of section 12. Tolrnship 5 South, Range 81 West of the 6th P.M., J.ying Southerly of the Southerly right of way line of U.s. Highway No. 5, as shown on the plat on file in the office of the Eagle'County C1erk and Recorder as Document No. 97489. described as follows: Beginning at the Southeast corner of said SEtNwk; thence South 89002' west 836.95 feet along the Southerly tine of said sEkNwk to a point on the Southerly right of way li.ne of said highhray ;thence North 52o35' East 1057.07 feet along the Southerly right of vray Line of said highlray to a point on the Easterly line of sa j-d SELNWT ;thence south 0oI5' liest 628.21 feet along the Easterly line of saitt SElrNWl to the Southeast corner of said SEtNvtL, the point of hoairnina. EXCEPT THE FOLLOWING : that part described in Book I88 at page 545; that part described in Book 191 at page 24I; that part described in Book 203 at page 231t (a CONIINIIED { (ol ( io ( CONT INUED that part described in Book 203 at page 531; that certain island adjacent to the above-described property, and located in the midalLe of core Creek, which the parties intend to exclude from thi-s transaction; State of Colorado t*{- hurd,'hr,,r, olhru 4l^f hu-wurtu \ n {* ,r^M \,, W - wrke Yr,rittt/ C,r{u,r, rndr dwyr'{ iymof WL!\%IU r ilqn't qiffu{t,^,itt^,t Qndmr - no thilfixL {n\ll, - of \r{r t urulilrr 't ryo 15,4'uJ-h M &r"p -Wur, tuvnstl'^t fiftt \',rb A,,rdrtil,,s !il, fu'uy lufut U'l Mb^\ fnilrngn' fi'illd iq n Y'',inr Ar'drurt \'Lrltu' tbaq W *-,(r,* l,6n br. & l', n ryp"4) *hn- trv, wt w "hd,llj- ^ f"'t,f*n oJV,P hfrN%rn*nrn't \r'W* N,Q*g,