HomeMy WebLinkAboutVAIL INTERMOUNTAIN BLOCK 9 LOT 14 LEGAL FILE.pdfTO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Town of Vail Town Council
Community Development Department
May 1,2O07
A request for review of Appraisal, Lot 14, Block 9, Vail Intermountain
Subdivision
Applicant: Eagle River Water & Sanitation District Planner: Scot Hunn
lt.
SUMMARY
The Applicant, Eagle River Water and Sanitation District (the "District"), is
requesting review of an appraisal, generated by Jeffery P. Maddox, Valuation
Consultants, Inc., for Lot 14, Block 9, Vail Intermountain Subdivision.
DESCRIPTION OF THE REQUEST
The Applicant is requesting review of an appraisal prepared for the use of District
administrative officials relative to disposition of the subject parcel and has been
provided to the Town in an effort to aid in any discussions relative to acquisition
of high priority open space parcels. The appraisal establishes an estimate of the
market value of the subject property, in fee simple estate, "as is", as of March 16,
2007. Staff has reviewed the appraisal, files on record for the subject property
and Town master plans relative to the following criteria:
. Zoning . Permitted & surrounding land use(s). Lot size . Development rights . Sitehazards/constraints . Open lands acquisition priority
A Vicinity Map illustrating the location of the site has been attached for reference
(Attachment A).
BACKGROUND
Lot 14 is located at the eastern most portion of Vail Intermountain Subdivision,
totals approximately 10.412 acres and is accessed via Snowberry Drive. This
parcel is currently vacant land. A brief chronology of actions related to the subject
parcel provides the following:
. Lot 14, Block 9, Vail Intermountain Subdivision, originally 13.24 acres, was
ilr.
tv.
created via final olat for Vail Intermountain Subdivision recorded in Book
225 at Page 31 5, Eagle County Clerk and Recorder, September 7 , 1972 . Vail Intermountain Subdivision was annexed to the Town via Ordinance
No. 15, effective June 24, 1987 . Lot '14, was purchased by the District in 2001 . The District was granted a Conditional Use permit on March 14, 2005, to
allow for the construction of a new 1.5 million gallon underground water
tank on Lot 14 to replace an existing 200,000 gallon above ground tank
on the same parcel . Re-vegetation plans for the site, associated with the proposed tank
construction, were granted by the DRB on March 16, 2005 . To date, construction of the new tank has not commenced . The District now intends to subdivide the existing 13.24 acre Lot 14 to
create two (2) new parcels; one parcel at approximately 2.83 acres is
proposed for the future water tank site, while Lot 14 at 10.412 acres is
proposed for sale.
SITE ANALYSIS
Staff has completed an analysis of the subject parcel in relalion to records on file,
and pursuant to Title 12, Zoning Regulations, of the Vail Town Code. A summary
of the analysis is provided below. Generally, Lot 14 is encumbered by steep
slopes (3045%) and, although contiguous with medium density residential land
uses to the wesUnorthwest, is bordered on three sides by vacanUopen space
lands:
Street Address:
Parcel Number:
Zoning:
Land Use Plan Designation:
Current Land Use:
Development Standard
Lot Area:
Setbacks:
Building Height:
Density:
Site Coverage:
2724 Snowberry Drive/Lot 14, Block I, Vail
lntermountain Subdivision
2',to314301044
Two-Family Primary/Semndary Residential (PS)
Residential
Vacant
Allowed
10.412 acres (453,546 sq. ft.)
20'front
15' side/rear
30'flaUmansard roof
33'sloping roof
2 dwelling units/site (>14,000 sq. ft. lot)
20% Maximum or
"90,709 sq.ft.
Notes:
* Maximum Site Coverage calculated based on total (new) lot area of 10.412 acres.
V. SURROUNDING LAND USES
Land Use Zoninq
North: Med. Density Res/
VacanUOpen Space Residential Cluster
South: VacanUOpen Space U.S. Forest Service
East: VacanUOpen Space U.S. Forest Service
West: Med. Density Res. Two-Family Primary/Secondary
VI. FURTHER ANALYSIS
Comprehensive Open Lands Plan . Lot 14 is identified on Exhibit 2 - Hazards and Sensitive Areas Map of the
Comprehensive Open Lands Plan, as "Sensitive Natural Habitat"
' Lot 14 is identified on Exhibit 5 - Action Plan of the Comprehensive Open
Lands Plan, as "Open Space/Environmental Protection" land . Lot 14 is more specifically identified as "Parcel 6" as part of the
Comprehensive List of Recommended Actions for property acquisition] of the
Comprehensive Open Lands Plan; the Plan states: "High priority:
Acquisition of development righb to protect sleep slopes and mature
coniferous tees. Moderate to high threat of development". According to the Priorities for Action identified in the Comprehensive Open
Lands Plan, Lot 14 appears to meet the criteria established for both Level
One and Level Two Evaluation:
Level One / Lot '14 is identified as a Natural Resource/Sensitive Natural Area
Level Two / Threat of development or irreversible damage exists r' Unusual opportunity with motivated seller exists
Lot 14, Block 9, Vail Intermountain Subdivision
Town of Vail Council - May 1,2QQ7 -
APPRAISAL OF
Lot 14, Block 9, Vail Intermountain Subdivision
2724 Snowberry Drive
Town of Vail
e Countv. Colorado
Prepared on:
March 16,2007
FOR:
Linn Schorr
Eagle River Water & Sanitation Disfrict
846 Forest Road
Vail, CO 81657
Prepared by:
VALUATION CONSULTANTS. INC.
Jeffrey P. Maddox, SRA
Certifi ed General Appraiser #CGOI3 137 52
VALUATION CONSULTANTS, INC.
Real Estate Appraisers - Consultants
20 Eagle Road, Suite 320
P.O. Box 361
Avon, Colorado, 81620
(970) 949-4898 fax (970) 949-5376
March2l,2007
Linn Schon
Eagle River Water & Sanitation District
846 Forest Road
Vail. CO 81657
Dear Ms. Schorr,
In accordance with your request and for the purpose of appraisal, I have examined the following
properry:
Lot 14. Block 9. Vail Intermountain Subdivision
2724 Snowberry Drive
Town of Vail
Eagle County, Colorado
I have considered all pertinent data affecting the property value, including, but not limited to,
location, type of properfy, present and potential uses. After atalyzing all relevant available
information, it is my opinion that the subject property has the following market value, as defined
herein, in fee simple estate, as-is, as of March 16,2007:
ONE MILLION ONE HUNDRED THOUSAND DOLLARS
(s1,100,000)
The 29 page Summary Appraisal Report that follows sets forth the identification of the property, the
assumptions and limiting conditions, pertinent facts about the subject property, and summarizes
reasoning leading to the conclusions set forth.
Respectfully submitted,
VALUATION CONSULTANTS. INC.
O,gitaLg si94€d
bY Jefh€y P -Q
;4/-., 1/1-4* Maddox
Jeffrey P. Maddox, SRA
Certifred General Appraiser
#cGo1313752
TABLE OF CONTENTS
ASSUMPTIONS AND LMITING CONDITIONS
PROPERTYIDENTIFICATION ..
PURPOSE OF THE APPRAISAL
EXTENT OF THE APPRAISAL
MARKET VALUE DEFINITION
PROHIBITED INFLUENCES
RIGHTS APPRAISED
OWNERSHIP
ASSESSED VALUE AND TAXATION . .
MARKET TRENDSiCONDITIONS
SUBJECT PROPERTYDESCRIPTION . . ..
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Site: .. ....... -7-
Improvements ........ -10-
ZONING .. -14-
APPROACHESTOVALUE ........ -16-
CostApproach ......' -16-
lncomeCapitalizationApproach ..'.... -16-
SalesComparisonApproach ... -17'
RECONCILIATION . ...... -25-
FINALESTMATEOFVALUE ,.... -25-
REASONABLE EXPOSURE TIME &MARKETINGPERIOD ........ -26-
CERTIFICATIONOFTHEAPPRAISER .. .. -28-
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ASSUMPTIONS AND LIMITING CONDITIONS
This appraisal report has been made with the following general
1. No responsibility is assumed for the legal description or for matters including legal or title
considerations. Title to the properfy is assumed to be good and marketable unless otherwise stated.
2. The property is appraised free and clear ofany or all liens or encumbrances unless otherwise
stated.
3. Responsible ownership and competent property management are assumed.
The information fumished by others is believed to be rcliable. However, no warranty is given for
accuracv.
5. All engineering is assumed to be correct. Plot plans, maps, or illustrative material in this report
are included only to assist the reader in visualizing thc property. Except as specifically stated, data
relative to size or area of the subject and comparable properties has been obtained from sources
deemed accurate and reliable. None of the exhibits are to be removed, reproduced, or used apart
from this report.
6. The forecasts or projections included in this report are used to assist in the valuation process and
are based upon currcnt market conditions, anticipated short-term supply and demand factors, and a
continued stable economy. Any forecasts or projections of income, expenses and economic
conditions utilized in this report are not predictions of the future. Rather, they are estimates of
current market expectations of future income and expenses. The achievement of the financial
projections will be affected by fluctuating economic conditions and is dependent upon other future
occurrences that cannot be assured. Actual results may vary from the projections considered herein.
The appraiser does not warrant these forecasts will occur. Projections may be affected by
circumstances beyond the current realm of knowledge of the appraiser or the expectations of the
marketplacc. Therefore, these forecasts are subject to changes in future conditions which cannot be
accurately predicted by the appraisers and could affect the future income and"/or value forecasts.
Unless otherwise noted, all prospective value estimates, if any, in this appraisal, are based on the
market conditions which exist at the date of inspection combined with an informcd forecast, based
on current trends in supply and demand for the property type under appraisal, as to what such
conditions may bc at the future date of property completion and or stabilization. The appraiser cannot
be held responsible for unforeseeable events, such as unexpected new construction, unanticipated
changes in economic conditions, or any other such events which might occur and which would alter
market conditions.
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7. It is assumed that there are no hidden or unapparcnt conditions of the property, subsoil, or
structures that render it more or less valuable. No responsibility is assumed for such conditions or
for arranging for engineering studies that may be required to discover them.
8. It is assumed that there is full compliance with all applicable federal, state, and local
environmental regulations and laws unless noncompliance is stated, defined and considered in the
appraisal report.
9. It is assumed that all applicable zoning and use regulations and restrictions have been complied
rvith, unless a nonconformity has been stated, defined and considered in the appraisal report.
10. It is assumed that all required licenses, certificates ofoccupancy, consents, or other legislative
or administrative authority from any local state, or national government or private entity or
organization have been or can be obtained or renewed for any use on which the value estimate
contained in this rcoort is based.
11. It is assumed that the utilization of the land and improvements is within the boundaries or
properry lines of the property described and that there is no encroachment or trespass unless noted
in the report.
This appraisal report has been made with the following general limiting conditions:
l. The distribution, if any, of the total valuation in this report between land and improvements
applies only under the stated program ofutilization. The separate allocations for land and buildings
must not be used in conjunction with any other appraisal and are invalid if so used.
2.Possessionofthisreport,oracopythereof,doesnotcarrywithittherightofpublication. Itmay
not be used for any purpose by any person other than the party to whom it is addressed without the
express rvritten consent ofthe appraiser, and in any event onlywith proper written qualification and
only in its entirety. This snrdy may not be duplicated in whole or in part u,ithout the specific written
consent of the appraiser nor may this report or copies hereof be transmitted to third parties without
said consent, which consent the appraiser reserves the right to deny. The appraiser shall have no
accountability or responsibility to any such third party.
3. The appraiser herein by reason of this appraisal is not required to give further consultation,
testimony, or be in attendance in court with reference to the property in question unless arrangements
have been previously made.
4. Neither all nor any part of the contents of this report (especially any conclusions as to value, the
identity of the appraiser, or the firm with which the appraiser is connected) shall be disseminated to
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the public through advertising, public relations, news, sales, or other media without the prior written
consent and approval of the appraiser.
5. Unless otherwise stated in this report, the existence of hazardous substances, including without
limitation asbestos, polychlorinated biphenyls, petroleum leakage, or agricultural chemicals, which
may or may not be present on the property, or other environmental conditions, were not called to
the attention of nor did the appraiser become aware of such during the appraiseds inspection. The
appraiser has no knowledge of the existence ofsuch materials on or in the property unless otherwise
stated. The appraiser, however, is not qualified to test such substances or conditions. Ifthe presence
of such substances, such as asbestos, urea formaldehyde foam insulation, or other hazardous
substances or environmental conditions, may affect the value of the property, the value estimated is
predicated on the assumption that there is no such condition on or in the property or in such
proximity thereto that it would cause a loss in value. No responsibility is assumed for any such
conditions, not for any expertise or engineering knowledge required to discover them.
6. The Americans with Disabilities Act (ADA)became effective January 26, 1992. Unless otherwise
stated in this report, the subject properly is appraised without a specific compliance survey having
been conducted to determine if the property is or is not in conformance with the requirements ofthe
ADA. It is possible that a compliance survey of the properfy, together with a detailed analysis of the
requirements of the ADA, could reveal that the property is not in compliance with one or more of
the requirements of the ADA. If so, this fact could have a negative effect upon the value of the
properry. Since there we have no direct evidence relating to this issue, we did not consider possible
noncompliance with the requirements of ADA in estimating the value of the property.
7. All mechanical components are assumed to be in operable condition as would be considered
standard for properties similar to the subject in type and age. The heating, cooling, ventilation,
plumbing and electrical / communications equipment are considered to be in similar condition to the
observable elements of the improvements unless otherwise stated. The insulation and energy
efficiency of the improvements are assumed to be adequate and standard for the subject type and age
unless otherwise noted.
8. Opinions ofvalue contained in this report are estimates. There is no guarantee, written or implied,
that the subject property will sell or lease for the indicated amounts.
9. The appraiser reserves the right to amend and/or alter statements, analyses, conclusions and value
estimates if information pertinent to this assignment is made known after the completion of the
report.
10. Valuation Consultants, Inc., as well as any employee, agent or officer thereof, shall be completely
indemnified against any and all losses, claims, damages, liabilities, costs or expenses to which the
recipient and/or third party user may become subject, but only if neither Valuation Consultants, Inc.
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nor any other indemnified person shall have been grossly negligent or shall have taken or omitted
to take any action in bad faith in connection with the preparation of this report.
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PROPERTY IDENTIFICATION
The subject properry ofthis report is identified as follows:
Lot 14, Block 9, Vail Intermountain Subdivision
2724 Snowberry Drive
Town of Vail
Colorado
This properfy is currently identified as parcel No. 2103 143 0l 044 by the Eagle County Assessor's
Office.
PURPOSE OF THE APPRAISAL:
The purpose of this appraisal is to estimate the market value, as defined, of the subject property, in
fee simple estate, as-is, as of March 16,2007. The understood function of the appraisal is to solely
to provide a basis for decisions regarding potential disposition ofthe subject property by the owners.
The intended users of this report are the administrative officials of the Eagle River Water &
Sanitation District. The appraiser is not responsible for use ofthe appraisal report by unauthorized
or unintended users.
EXTENT OF THE APPRAISAL
The assignment of the final value estimate to the subject properfy includes a physical inspection of
the subj ect premises, and at least an exterior inspection of all comparable properties. Analysis
includes an examination of market factors, transactions, trends, and other pertinent data that may
have an influence on the property. Sales, cost data, income / expense figures and other information
utilized are gathered from public record and other sources considered to be reliable, confirmed
whenever possible with involved parties. Market factors and forces are weighed, their influences
on the subject property determined, and their indications reconciled into a final value estimation.
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The appraisal was prepared in conformance with the requirements of the Uniform Standards of
Professional Appraisal Practices (USPAP).
MARKET VALUE DEFINITION:
Market Value may be defined as:
"The most probable price in terms of money which a property should bring in a
competitive and open market under all conditions requisite to a fair sale, the buyer
and seller, each acfing prudently, knowledgeably and assuming the price is not
affected by undue stimulus." Implicit in this definition is the consummation of a sale
at a specified date and passing of title from a seller to a buyer under conditions
hereby: I ) Buyer and seller are typically motivated. 2) Both parties are well informed
or well advised and each acfing at what he considers to be his own best interest. 3)
A reasonable time is allowed for exposure on an open market. 4) Payment is made
in cash or its equivalent. 5) Financing, ifany, is on terms generally available in the
community at the specified date and typical for the property type and its locale. 6)
The price represents a normal consideration for the property sold unaffected by
special hnancing amounts and/or terms, services, fees, costs or credits incurred in
this transaction. I
Values reported in this appraisal are based on several assumptions and conclusions drawn by the
appraiser. Title to the property is considered unencumbered and free of any liens other than general
property taxes, if any, for the current year. The values reported are based on general information,
surveys and other descriptions as contained within official Eagle County and Town of Vail records
which are assumed to be accurate. Information regarding subj ect zoning, development standards &
related issues was obtained from Vail Planning Department files. Data not provided for this
assignment, which may or may not be significant relative to the final concluded value, includes:
1 The Appraisal of Real Estate, 1Oth Edition, Appraisal Institute, pg. 2l
Lo4 14, Intermountain - ERlf&S VALUATION CONSALTANTS
Environmental survey of the property.
Soils survey ofthe property.
Title report
copies of leases, if any, encumbering the property
PROHIBITED INFLT.JENCES
The appraisal assignment was not based upon a requested minimum valuation, specific valuation,
or approval of a loan. Neither employment nor compensation are contingent upon the reporting of
a pre-determined value, a direction of the value that favors the cause of the client, the amount of the
value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event.
RIGHTS APPRAISED
The property rights appraised for the subject property are those of a fee simple estate.
Fee simple estate may be defined as:
"an absolute fee; a fee without limitations to any particular class of heirs or
restrictions but subject to the limitations of eminent domain, escheat, police power,
and raxation. An inheritable estate." 2
OWNERSHIP
According to Eagle County files, the subject property is currently owned by the Eagle River Water
& Sanitation District, which acquired the property, then part pf a slightly larger parcel, by warranty
deedinMayof200l forarecorded$450,000. Notransferofthesubjectpropertyisofrecordsince
that time, nor is the parcel known to be listed for sale locally.
ASSESSED VALUE AND TAXATION
2 The Dictionarv of Real Estate Appraisal , pg 137
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According to the office of the Eagle County Assessoro the subject property is presently assigned the
following actual & assessed values:
Portion Actual Valu€Assessed Value
Land s200,000 $58,000
No taxation is applicable to the subjectproperty, according to the Eagle County Treasurer.
Ie4 14, Inlermauntain - ERW&E VALUATION CONSALTANTS
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NEIGHBORIIOOD:
The subject lots are located in the area of Vail known generally as West Vail. West Vail, which
extends from the Vail Das Schone & Matterhom locales westward to the Intermountain
neighborhoods, was platted in the late '60's / early'70's, and contains a diverse mix of single family,
duplex, townhomes & condo uses, all situated in relative close proximity to shopping & other
commercial support facilities. The subject's specific Intermountain location, which lies on the south
side of I-70, comprises the farthest reaches of Vail's town limits, and is positioned along the south
side of Gore Creek. lntermountain has a topography that approaches level near the creek, but
proceeds to slope up steeply to the south, where it eventually adjoins forest service tracts.
lntermountain has been a popular neighborhood primarily for permanent area residents, both owner
and tenant occupants, and has tended to represent a lower, more entry-level price point in the Vail
real estate price / value spectrum. Intermountain has a wide variety of improvement b/pes, with many
older, modest quality homes, although the Fend to date is for construction ofbetter quality single &
two-family dwellings. The immediate locale appears to be more than 90% built-out with relatively
lew vacant lots remaining.
MARKET TRENDS/CONDITIONS:
The subject's southem portion of the West Vail locale has been experiencing an environment of
increasing prices/values over the past 4-5 years, more or less consistent with Vail and the proximal
mountain region in general.
Supply / Demand Synopsis:
Currently, there are only l0 vacant residential building sites listed for sale in all ofVail, ranging
from $549,000 for a noise-impacted .27 acre site that closely adjoins the I-70 right-of-way in East
Vail to $5,495,000 for a 2 acre premium slope view-oriented homesite in gated Spraddle Creek.
There is one site listed in the Intermountain area proximal to the subject, a .39 acre site that slopes
down steeply from Basingdale Blvd. between 2 existing older homes at S675,000.
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There have been no MlS-reported sales of vacant residential sites in Vail thus far in 2007, with 7
]n 2006, 4 in 2005 , 13 ]n 2004 and I 6 in 2003 .
Evident from the sales data is a pronounced increase in prices / values for vacant sites over the past
3 years in Vail, especially as supplies become more and more scarce. A continuation of this trend
for the subject market's near-term future is thought likely.
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SUBJECT PROPERTY DESCRIPTION
Site:
Following is a summary of the subject site's pertinent characteristics:
Location
Adjoining Uses:
Access:
Size:
Shape / Utility:
Topography & Drainage:
The subject of this report is comprised of a tract of vacant
land that is located at the end of Snowberry Drive in the area
of Vail known as lntermountain.
To the east & south ofthe subject lie National Forest lands.
To the north is a Town of Vail-owned tract designated as
open space. To the east are a series of primary i secondary-
zoned sites, most of which have been improved. In addition,
to the southwest extreme, the site borders a 2.85 acre parcel
that has been improved with a water storage tank.
Vehicular access to the site is available directly off of
Snowberry Drive, which terminates at the site's eastern
boundary, according to Town maps. Snowberry is paved &
publically owned / maintained.
The parcel is very atypical for the area in that it contains
10.412 acres ofarea, while most nearby neighborhood sites are
I - 3 acres or so.
The site has a higbly irregular shape; refer to the following plat
map depiction. The site has sufficient size & shape utility for
development to its highest & best use.
The site has a topography that slopes steeply down from the
south to the north, and would appear, as a result, to have
adequate natural drainage; no drainage problems are known or
have been disclosed.
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Soils:
Vegetation:
Hazardous Materials'.
E nv iro n m e ntal H azards'.
E ase m e nts o r E ncu m btan ces'.
Utilities:
Conclusion:
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Neither soils reports nor other site-specific geo-technical
analysis has been reviewed with respect to the subject site.
Soils are assumed to be suitable for development, with no
adverse conditions. Nearby sites have successfully been
developed.
The site is heavily treed primarily with coniferous species.
No hazardous materials were observed from the street or have
been specifically disclosed to the appraiser, nor was an
Environmental Site Assessment of the property provided for
this assigrment. The appraiser is not qualified to independently
determine the environmental condition of a property. Please
refer to limiting condition No. 5 cited in prior text.
The subject site lies well outside any type offlood hazard area,
according to FEMA map 080054 0002 C. According to Town
of Vail maps, no otherhazardlD is known to apply, including
avalanche, rockfall or debris-flow .
No easements and / or encroachments are known by the
appraiser to exist.
Underground utilities are available to the proj ect, including
electricity by Holy Cross Electric, phone by Qwest, water and
sewer by the Eagle River Water & Sanitation District and
nafural gas by Excel Energy.
While steep, the subject site appears to be reasonably suited for
development, enhanced by an end-of-the-road setting and a
treed nature.
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Subject location map
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Improvements:
The subject property is unimproved aside from a metal access gate crossing a crude access road
leading off the end of Snowberry.
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Survey of Subject Properry
ExHlBlr "E|"
srcgr t of I
Land D€tcripuon
A parcel of laod lo(lted in lot 14, \Ail lniefircuotain oevelopment Subdviston. Block 9, Final plat
according io the Pl.t filed for for record In the Eagt€ Colnty Cterk and Re@rders Oftice oo September 7,
1972 rn Book 225 at Page 315. Satd parcel being morc partiolarty desdibed as foltowa:
8€ginnirrg at the Southeast corner of sald Lot 14; thence atong th€ South boundary of sakJ Lot l4
587.36'55"W, ?63.{2 feetj ftence depa.tirc sajd tine N01o2845nV, 413.31 fe€r; 6ence S8f36.5j1v.
26? t 7 aeet; tnence s50"35 22"W, 73.@ fe€t lo . point or tne wE*rly bolfdafy of sad tot 14; thenc€
arono the westerly boundary of satd Lot t4 dl€ followirE etht (8) aolrses and dlstancesl (l) 20.58 feet 6Long the arc of a noo"tahgeit c!.ve to the tet havtng a radius of 50.00 feet, a cenffal
anlle of 23'34 43" dnd a chord which b€ars N27o37,03',W, 20.43 bet:
l2) N50.35'22"E. 75.25 fe€l; (l) Nrs.38'52"w, 350.08 feet, (4) tt68oJ4'ro"E,95.79 fe€t;
s) N56"00'00"E, r10.oo feeq (6) Norih, 205.00 feer; (7) N9.09,00,E, 405, t7 teec
8) 50I028'45"E, 1086.74 feet to Se rb,nt of Be€,nning.
The ab)ove descrlbed pa(el @ntai/ts 10.4t2 a.]-et ot land r|ore o,lerr.
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Lo4 14. Intemountain - ERII&S VALAATION CONSULTANTS
View of access to subject site off end of Snowberry Drive
View of subiect site lookine east into wooded area
Lo4 14, Intemountain - ERIY&S VALAATION CONSALTANTS
Aerial view per Eagle County GIS
Lo4 14, lntermountain - ERllr&S VALUATION CONSALTANTS
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ZONING
The subject properry has the zoning designation "Primary Secondary Residential District" (P/S)
accordins to the Town of Vail.
HIGHEST AND BEST USE
Highest and best use may be described as that use which at the time of the appraisal most develops
the site's potential and is the most likely and reasonable use to which the property may be put. It is
"...the reasonably probable & legal use of land or an improved property which is
physically possible, appropriately supported, hnancially feasible and that results in the
hishest value." l
Highest and Best Use, as stated, incorporates the satisfaction of four criteria - the use must be 1)
physically possible; 2) legally permissible; 3) financially feasible ; 4) maximally productive.
Physically Possible: Lot 14 contains 10.412 acres ofarea, and is undeveloped. The subject
tract has the size & shape for any number ofpotential uses. Although the site is quite steep
throughout most of its area, there are no known adverse soils conditions or other geo-technical
abnormalities that would physically prevent development.
Legally Permissible: The subject's "PiS" zoning allows for development of either a single
family dwelling or a 2-family dwelling where one unit is a larger primary unit and the second
attached unit is a smaller caretaker apartment. Given this lot's very large size, the prospect for
a change in zoning to a more dense residential use immediately arises as a consideration.
Conversations with Town ofVail Community Development officials, though, tend to strongly
support that the current 2-unit allowance for the site is all that will be allowed for the site. The
I The Appraisal of Real Estate,pg.275
Lo4 14, Intermountain - ERll&S VALUATION CONSALTANTS
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Town appears to be rather adamant about the robability of an up-zoning in spite of the
site's obvious large size; in fact, the site as a parcel identified by the Town of Vail as
from development altogether, according to one of "High Prioriry" in terms of preservati
the Town's Comprehensive Open Lands Plan.is is also due to the extreme slopes present
on rhe site; Vail effectively prohibits dev ent on areas of sites over 40o/o in slope, and
most of Lot 14 is reported to exceed this slope.
limitations are known to apply.
erwise, no deed restrictions or other legal
Financially Feasible: The development of single family or primary i secondary-type
two-family dwellings have shown positive ial feasibility in theproximal neighborhood.
The subject's large size and, more importan adjoinment with forest tracts to the south &
east serve to enhance its residential-use desi ity & corresponding feasibility.
Maximally Productive: The above serves to most likelv limit the potential uses
of the subject site to either single family or /secondary residential uses. Therefore it
is concluded that the hiehest & best use ofthe ,iect site would be as developed with either
a single family or primary / secondary type
Lo4 14, lntcrmo nt.rin - ERrl/&S VALUATION CONSULTANTS
APPROACHES 1
There are three generally accepted and typically used
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VALUE
site and for which there exist few sales or
ic or contract rent into
rates.
hes to value in the appraisal process.
These are the Cost Approach, the Sales Co Approach and the Income Capitalization
Approach. In appraisal practice, an approach to value included or omitted based on its applicability
information available. The approaches are to the property type being valued and the quality o
described as follows:
The cost approach is based upon the proposi
more for the subj ect than the cost to produce a
that the informed purchaser would pay no
irure property with equivalent utility. This
approach is particularly applicable when the being appraised involves relatively new
improvements rvhich represent the highest an
or specialized improvements are located on
leases of comparable properties.
use of the land or when relativelv unioue
The sales comparison approach is a process fcomparing the subject property to sales of
similar competing properties with adjustments ing made for differences in size, location or
other market recosnized differences. The m is based on the proposition that an informed
purchaser would pay no more for a properfy
the same utilify.
the cost of acquiring an existing one with
The income capitalization approach is based the measurement of the present value of
an indication of furure benefits, via a process of capitalizing
value usins market derived rents and market
Cost Approach:
Because the subject propeny is vacant land, the cost
I n com e Capitalizatio n App roac h :
roach lacks applicability in this analysis.
Lol 14, lnterfiountuin - ERW&S VALAATION CONSULTANTS
Again, because the subject property is vacant
applicability in this analysis.
Sales Comparison Approach:
Sales of single family or P/S type sites in the area
to the increasingly built-up nature of the proximal Vai
sold, with none having ideal similarity to the relative
a summary of closed and pending sales that may be
for the subject:
the income capitalization approach lacks
sought for comparison to the subject; owing
very few sales are ofrecord as having
unique subj ect tract. Following, though, is
in defining an approximate value level
VALAATION CONSALTANTS Lo4 14, Intermountain - ERlv&S
Sales Price:
Date of Sale:
Site size:
Sale No. I
Lot 15, Block 9 Vail Intermountain Subdivision
2754 Snowberry Drive, Vail
Zonng:
$975,000 pending sale
pending
1. I 5 acres
P/S
This is the reported pending sale ofthe vacant site
This lot has a similarly sloping topography, wooded
mainly in its smaller size. The listing agent was unab
that it was below the asking price. As a result, in spite
can be viewed as generally illusffative only.
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is located iust to the west of the subiect site.
, & general view amenity, differing
to disclose the contract price, but indicated
close locational similarities, this comparable
VALUATION CONSALTANTS In4 14. latermoqhtain - ER!/&S
Sale No. 2
Lot 14, Block H, Vail Das Schone Fiting 2
2417 Garmisch. Vail
Sales Price:
Date of Sale:
Site size:
Zoning:
$750,000
8- I -2006
.48 acres
P/S
This is the August 2006 sale of a typically-sized P
subject in the competing but generally superior Vail
benefits from good elevated mountain & valley vi
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building site located !o the northeast ofthe
Schone / Vail Ridge locale. This setting
from a sunny south & east-looking setting.
VALUATION CONSULTANTS Lo4 14. Intemountain - ERW&S
Sale No.3
Lot 4, Block l, Bighom 5'n Addition
5107 Main Gore Drive, Vail
Sales Price:
Date of Sale:
Site size:
Zoning:
$975,000
4-7-2006
.50 acres
Single Family
This is the sale of a typically-sized single-family
superior East Vail area, about 7 miles to the east of
-20-
ite located in the generally competitive but
subject.
VALAATION CONSULTANTS 144 14, Intermountain - ERll&S
o o
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Sale No.4
Property: Lot I10, Eagle-Vail Subdivision Filing 1
Selling Price: $775,000
Date of Sale: pending
Site size: .71 acres, per assessor
terms: cash to seller
This is the reported pending contract to purchase a duplex-zoned site located about 4 miles west of
the subject in the Eagle-Vail development.
Lo4 14, lntermountain - ERW&S VALUATION CONSULTANTS
a o
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Comparable Location Map
Lo4 14. Irtermountain - ERlf&S VALUATION CONSULTANTS
Adjustments to the sales data:
Terms of Sale: Financing terrns provided by the seller can affect the sale price if they differ from
terms available from third party lenders. The value estimate in this appraisal is based on an all cash
payment to the seller, with buyers typically using institutional frnancing based on an appropriate loan-
to-value ratio and market interest rate. Favorable or below-market seller financing may have an
upward influence on the sale price if favorable terms are provided. Each sale in this analysis is
considered to be effectively cash-equivalent, warranting no adjustment.
Conditions of Sale: Conditions of sale refers to buyer and seller motivations. [n order to be
meaningful to the analysis, sale prices should be representative of arm'sJength transactions with no
unusual buyer or seller motivations. Examples of unusual motivations include related parties,
assemblage (plottage) value, forced sale, tax considerations, and lack of sufficient exposure on the
market. These circumstances may result in manipulation of the price by buyer or seller, distress prices
that do not reflect fypical exposure or marketing time, or premiums (or discounts) associated with
unusual motivations. In these cases, it is necessary to consider any unusual conditions ofsale and to
make adjustments, if possible. There are no known or disclosed special buyer or seller motivations
or other conditions ofsale that impacted the sale price on any of the comparables.
Unit of Comparison: $ per lot or site is the unit of measure that is being used and relied upon by
seller & buyers in this segment of the marketplace.
Date of Sale (market conditions): It is clear that the subject segment of the market has seen
sustained upward movement over the past l2 - 48 months. While variable, an average rate of about
lYo per month is assigned over the time frame represented by the comparable sales so as to more
nearly portray a current scenario.
Location: Location & site / view characteristics are adiusted in accordance with relative value
difference from area to area.
Lo4 14, lnternountain - ERl4 &S VALUATION CONSULTANTS
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Size: The subject site, as stated in prior text, is significantly larger than the fypical P/S site in the area.
Although enjoying no expected advantage in density or allowed uses, with a P/S highest& best use,
the additional land area constitutes an advantage due to increased privacy & remaining site area.
Based on observation of differences in sales price between and among sites that varying in size, an
average adjustment on the order of50% is entered to account for the subject's incremental superiority
in this regard.
Property Sale Price Sale
D ate
size, A Adjustments Indicated
Value
Sale I s975,000 pending l.l5 Terms of Sale: -25olo
M arket conditions: 0olo
Size: +50%
Location:00%
net adjust +25%s l ,21 8,750
Sale 2 $750,000 8-2006 0.4 8 Terms of Sale: 0%
Market conditions:+8%
Size: +50%o
Locatiot -20Yo
net adjust +38%$1,035,000
Sale 3 $975,000 4-2006 0.5 0 Terms of Sale: 0%
Date of Sale + I 2%
Size: +50%
Location -40%
net adjrust +22Yo $ 1 ,189,500
Sale 4 $775,000 pending 0.71 Terms of Sale: -10%
Dale of Sale 0%
Size: +50%
Location 0%
net adjust +40%$ I ,085,000
The adjusted array ofsales data provides a range ofindications from $1,035,000 to $1,218,750.
No.'s I & 2 most nearly share the subject's West Vail location and sloping topographic character,
while 3 & 4 are more distanl to the east & west, respectively. From within this range of indications
a figure rounded to $1,100,000 is deemedreasonable for application to the subject property.
Lo4 14, It termou tein - ERW&S VALUATION CONSALTANTS
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RECONCTLIATION
Because the sales comparison approach tends to be the most reliable method in the value of vacant
development parcels, neither the cost nor income approaches, while considered, are relied upon in
this report. The sales comparison approach is used to form the final estimate ofvalue.
FINAL ESTIMATE OF VALUE
After considering the data and analysis herein, it is the opinion of the appraiser that the subject
properfy has a market value as defined herein, as-is, subject to the Assumptions, Limiting
Conditions, and Certification contained in this report, in fee simple estate, as of March 22,2007 of:
ONE MILLION ONE HUNDRED THOUSAND DOLLARS
$r
Lo4 14. Intertuountuit - ERW&S
o a
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REASONABLE EXPOSURE TIME & MARKETING PERIOD
The Statement on Appraisal Standards No. 6 of the USPAP 2006 Edition defines reasonable
exDosure time as
"The estimated length of time the property interest being'appraised would have been
offered on the market prior to the hypothetical consummation of a sale at market
value on the effective date of the appraisal; a retrospective estimat€ based upon an
analysis of past events assuming a competitive and open market."
In contrast, Marketing Time is defined as
"An estimate of the amount of time it might take to sell a properfy interest in real
estate at the estimated market value level during the period immediately after the
effective date of an appraisal."
The key difference between the two is that exposure time is inherent in the market value estimate and
is always presumed to precede the effective date of value, whereas the marketing period is the
estimated length of time immediately after the effective date of value that will be necessary to sell
the property. In level markets, the exposure time and marketing time should be identical. In
improving or increasing markets, the marketing period will probably be shorter than the exposrue
period, whereas in declining markets, the marketing period will probablybe longer than the exposure
period.
tn either of the above scenarios, the following definition is implicit:
The property will be actively exposed and aggressively marketed to potential purchasers
through marketing channels commonly used to buyers and sellers of similar type properties.
Lo4 14, Intemo{ntain - ERvY&S VALUATION CONSULTANTS
o o
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The properfy will be offered at a price reflecting the most probable markup over market value
used by sellers of simitar type properties.
A sale will consummate under terms and conditions of the definition of market value.
I It is my opinion that the reasonable exposure period inherent in the market value estimate concluded
] upon in this report is: 12 months.
I
The subject market typically has very few, if any, properties ofthe subject's type available for sale;
I as a result, marketing times for such parcels are exceptionally difficult to quantiff with much
accuracy. Based on a review ofall sales activity in the subject market entailing a variety ofproperfy
types, and considering region-wide pattems of marketing times for all property types, it is the
opinion of the appraiser that a period of 12 months would continue to be required to expose and
market the subject properfy is the current subject marketplace.
Please note that the subject property is appraised with no contribution given to any personal property
or intangible items that are not real property.
Lo4 14, lntermoltntain - ERll/&S VALAATION CONSALTANTS
CERTIFICATION OF THE APPRAISER
I certifi,,that, to the best of my knowledge and belief, ...
,Utu/Zz-/4-
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Date
o
a
a
The statements of fact contained in this report are true and correct.
The reported analyses, opinions, and conclusions are limited only by the reported
assumptions and limiting conditions, and are my personal, professional analyses, opinions,
and conclusions.
I have no present or prospective interest in the property that is the subj ect of this report.
my compensation is not contingent on an action or event resulting from the analyses,
opinions, or conclusions in, or the use of, this report.
this appraisal assignment was not based on a requested minimum valuation, a specific
valuation, or the approval of a loan.
my analyses, opinions and conclusions were developed, and this report has been prepared,
in conformity with the Uniform Standards of Professional Appraisal Practice and to the
Standards of Professional Ethics of the Appraisal Institute.
The use of this report is subject to the requirements of the Appraisal Institute relating to
review by its duly authorized representatives.
I have made a personal inspection ofthe properfy that is the subject ofthis report.
No one provided significant professional assistance to the person signing this report.
as of the date of this report, Jeffrey P. Maddox, SRA, has completed the requirement of the
continuing education program of the Appraisal Institute.
Oigilally signed by
Jefirsy P. Maddox
Oatet 2007.03.22
14:3'|:11 -06'00'
Jeffrey P. Maddox, SRA
Certifred General Appraiser
#cGO1313752
Lo4 14, lntermountain - ERW&S VALAATION CONSALTANTS
Lo4 14, Inrcrmountain - ERII&S VALAATION CONSULTANTS
o
?qfw-oltl
Interm rhA#oboo7 |
Water Storage
Tank
April2006
fE
Eagle River Water & Sanitation District
846 Forest Road
Vail, CO 81657
970t476-7480
1,4 tr
;\
t
t
a
f7 Enele Rrven
WnreR & Saurreroru Drsrntc
846 Forest Road a Vail. Colorado 81657
(970) 476-7480 . FAx {970) 476-4089
www. erwsd. oro
March 30, 2006
Mr. Joe Suther, Development Review Coordinator
Town of Vail - Planning and Environmental Commission
Department of Community Development
75 South Frontage Road
Vail, CO 81657
Subject: Intermountain Water Storage Tank - Conditional Use Permit
Dear Mr. Suther:
The Eagle River Water & Sanitation District (District) is requesting a Conditional Use Permit to allow
for the replacement of an above-ground, 200,000 gallon, steel rvater storage tank with a new, 1 .5 million
gallon, above-ground, concrete water storage tank south of Snowberry Drive within the Intermountain
subdivision.
The District received approval from Staff on March 14, 2005 for the installation of a "buried" 1.5
million-gallon tank at the same site (PEC#050012). For your reference, we have included a copy of The
Town of Vail PEC Staff Memorandum and Staff Action document relating to the original below-ground
submittal. The District received no viable bids for the 2005 project and the shoring/stabilization
required for a buried installation was cost prohibitive. The District instructed our engineering support to
revise the tank design to feature an above-ground installation.
The new tank location has moved approximately seventy-five feet (75') north and remains proposed for
an area where no trees exist. The revised design requires some site preparation including clearing of
topsoil, 'bverburdening" of the tank site with roughly I ,500 cy of fill material, benching of the tank site
and north embankment, and the installation of below-grade support "columns." The new tank will have
a height above ground of approximately twenty-two feet (22') with an outside diameter of one hundred
and eight feet (108') and witl be constructed ofreinforced concrete. The overall height ofthe new tank
will be at or slightly below the existing steel tank. The enclosed site photograph exhibits the
comparative height and diameter of the existing and proposed tanks.
Sincerely,
l/\ /,' 7- t)' ;fir- = '
James B. Boyd, Jr.
MAR 3 0 2006
j Construction Manager
Waren, Wesrewlren, OpEnnror.rs & Mmuceuenr Secvrces
CJDOCLIIIENTS AND SETTINGS\KARENS\DESKTOP"INTERIIIOUN_TAN TANK\TOV INTRVTN. wST PEC LTR.DOC
d\
Table of Gontents
Staff Action- 2005 Section 1
Application Materials Section 2
A. Title Report
B. Adjacent Property Data
Site Photograph Section 3
TechnicalAppendices (Details) Section 4
A. Civil Drawings- Alpine Engineering
B. Sub-drain/Tank Foundation- Golder Engineering
C. Tank Drawings- Bates Engineering
8.cilon I
$Jf A.ffm- 26
.J
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmenlal Commission
Department of Community Development
March 14, 2005
A request for a final review of a conditional use permit, pursuant to
Section 12-6D-3, Conditional Uses, Vail Town Code, to allow for a public
utility and public service use, located at2734 Snowberry Drive/Lot14,
Block 9, Vail Intermountain, and setting forth details in regard thereto
(PEC05-0012).
Applicant: Eagle River Water and Sanitation District, represented by
Mauriello Planning Group, LLC Planner: Elisabeth Eckel
il.
SUMMARY
The applicant, Eagle River Water and Sanitation District, represented by Mauriello
Planning Group, LLC, is requesting a conditional use permit as outlined in Section 12-
6D-3, Conditional Uses, Vail Town Code, to allow for the continuation of a public utility
and public service use, located at 2734 Snowberry Drive/Lot 14, Block 9, Vail
Intermountain. The conditional use permit is requested to allow the applicant to replace
an existing above ground water tank with a new underground water tank. Based upon
Staff's review of the criteria outlined in Section Vll of this memorandum and the evidence
and testimony presented, the Community Development Department recommends
approval, with conditions of this request subject to the findings and conditions noted in
Section Vlll of this memorandum.
DESCRIPTION OF THE REQUEST
The Eagle River Water and Sanitation District is requesting a conditional use permit to
allow for the replacement of a metal above ground 200,000 gallon water tank with a new
1.5 million gallon below grade water tank. The Water District currently uses the tank at
the Snowberry site for support during low flow times of the year and for year round fire
flow protection from the center of Town to the West Vail area. The existing tank is
partially located on Lot 15, the neighboring lot to the west and overlaps that lot line by
approximately five feet. The existing tank and supporting retaining wall will be removed
and the affected areas will be re-graded and reseeded to their natural state. The
attached vicinity map and pictures are helpful in clarifying the secluded nature of the site
(Attachments A and B).
The new tank is proposed for an area of the site where no trees exist. lt will be covered
by one to two feet of soil and its perimeter will be designated and protected by a six foot
(6') tall black nylon coated chain-link fence, primarily to protect the tank from damage
that may occur due to vehicular traffic. The new tank will have a height of approximately
twenty six feet (26') and a diameter of ninety two feet (92'). lt will be constructed of
concrete and will be supported on both sides by permanent and entirely below grade
concrete shoring walls. The wall on the north will be approximately seven feet (7') high
and the wall to the south will retain the hillside and is proposed to be approximately thirty
feet (30') high. The height of the south wall is necessary in order to protect the buildup
ilt.
of water behind the tank (on the south side), which would result in undue pressure on
the tank structure. A three foot (3') tall monitoring antenna will be located adjacent to the
tank, most likely attached to the nylon fence.
The access road that exists on the site will continue to be used during construction.
During times of non-construction, the tank will also be accessed regularly; by vehicle
during the summer and on foot or via snowmobile during the winter. The lot is
moderately steep with -25olo grades sloping to the northwest, where the existing acoess
road enters the site. To protect from excessive erosion, a series of three silt fences,
each twenty feet in length, will be installed to the north of the tank. The applicant is
proposing to reseed all disturbed areas with a dryland seed mix. Because the applicant
has expressed some concerns about planting trees on the site which roots might
interfere with the tank structure, Staff is recommending that 75-100 coniferous trees
between one and two feet in height be planted at appropriate locations on the site, as
signified by the applicant in a submitted landscape plan. The applicant's proposal has
yet to be reviewed by the Design Review Board at its March 16, 2005 public hearing.
BACKGROUND
fhe 13.24 acre site was purchased by the Eagle River Water and Sanitation District in
2001. Over the years, the site has been proposed to house various uses, including
subdivided lots containing clustered housing developments, an idea which was
discussed in the early 1980's and not supported by Staff due to the difficulty in obtaining
access to the units as a result of the steep slopes on the lot. Most recently, employee
housing was discussed as an option for the site. Again, the costs associated with
accessibility proved to be the biggest deterent to that plan.
REVIEWING BOARD ROLES
Order of Review: Generally, conditional use permit applications will be reviewed by the
Planning and Environmental Commission, and then any accompanying design review
application will be reviewed by the Design Review Board.
Planninq and Environmental Commission:
The Planning and Environmental Commission is responsible for final approval, approval
with modifications, or denial of a conditional use permit application, in accordance with
Chapter 12-16, Conditional Use Permits, Vail Town Code.
Desiqn Review Board:
The Design Review Board has no review authority over a conditional use permit
application. However, the Design Review Board is responsible for the final approval,
approval with modifications, or denial of any accompanying design review application.
Town Gouncil:
The Town Council has the authority to hear and decide appeals from any decision,
determination, or interprelation by the Planning and Environmenial Commission and/or
Design Review Board. The Town Council may also call up a decision of the Planning
and Environmental Commission and/or Design Review Board.
Staff:
The Town Staff facilitates the application review process. Staff reviews the submitted
application materials for completeness and general compliance with the appropriate
requirements of the Town Code. Staff also provides the Planning and Environmental
Commission a memorandum containing a description and background of the application;
tv.
v.
an evaluation of the application in regard to the criteria and findings outlined by the Town
Code; and a recommendation of approval, approval with modifications, or denial.
APPLICABLE PLANNING DOCUMENTS
A. Town of Vail Zoning Regulations
For the Planning and Environmental Commission's reference, Section 12-16-1, Vail
Town Code, identifies the purpose for a conditional use permit as follows:
"ln order to provide the flexibility necessary to achieve the objectives of this title,
specified uses are permitted in certain dlstnbts subiect to the granting of a
conditional use permit. Because of their unusual or special characteristics,
conditional uses regurre review so that they may be located properly with respect
to the purposes of this title and with respect to their effects on sunounding
properties. The review process prescribed in this chapter is intended fo assure
compatibility and harmonious development between conditional uses and
surrounding properties in the Town at large. Uses fisfed as conditional uses rn
the various disfrlcts may be permitted subject to such conditions and limitations
as the Town may prescribe to insure that the location and operation of the
conditional uses will be in accordance with the development objectives of the
Town and will not be detrimental to other uses or propefties. Where conditions
cannot be devised, to achieve these objectives, applications for conditional use
permits shall be denied."
The site proposed for a new water tank is located within the Primary/Secondary zone
district, which purpose is listed in Section 12-6D-1:
"The two-family primary/secondary residential district is intended to provide sites
for single-family residential uses or two-family residential uses rn which one unit
is a larger pimary residence and the second unit is a smaller caretaker
apartment, together with such public facilities as may appropriately be
located in the same district. The two-family primary/secondary residential
district is intended to ensure adequate light, air, privacy and open space for each
dwelling, commensurate with single-family and two-family occupancy, and to
maintain the desirable residential qualities of such sites by establishing
appropriate site development standards."
Furthermore, the following Conditional Uses are allowed within the Primary/Secondary
zone district. as listed in Section 12-6D-3:
Bed and breakfast as further regulated by section 12-14-18 of this title.
Funiculars, and other similar conveyances.
Home child daycare facility as further regulated by section 12-1 4-1 2 of this title.
Public buildings, grounds and facilities.
Public or private schoo/s.
Public park and recreation facilities.
Public utility and public seryice uses.
Ski /ifts and tows.
Type ll employee housing unit as set fotth in chapter 13 of this title.
1| u. zoNrNG ANALYSTS v
Legal Description: 2734 Snowberry Drive/ Lot 14, Block 9, Vail Intermountain
Subdivision Zoning: Two Family Primary/Secondary Residential
Land Use Plan Designation: Residential
Current Land Use: Public utility and public service use
Develooment Standard Allowed/Reouired Existinq Prooosed
Lot Area: 576,734 sq. ft.
(13.24 acres) no change no change
Setbacks:Front: 20 ft. -190 ft. -200 ft.
Sides: '15 ft. <5 ft. -45 ft.Rear: 15 ft. -130 feet -85 ft.Height 33' 15 feet N/A GRFA: N/A N/A N/A
Site Coverage: 15% (86,510 sq. ft.) .3o/o (-1,962 sq. fl.) 1.1%(6,644 sq. ft.)Density: 2 dwelling unit 0 dwelling units 0 dwelling units
Landscape Area: 600/o (346,040 sq. ft.) 99.70lo(574,772 sq ft) 98.9% (570,090 sq ft)
Parking: 0spaces 0spaces Ospaces
VII. SURROUNDING LAND USES AND ZONING
Land Use 2onino North: Residential Two Family Primary/Secondar
South: Open Space United States Forest Service East: Open Space United States Forest Service West: Residential Two Family Primary/Secondary
VIII. CRITERIAANDFINDINGS
The review criteria for a requesl of this nature are established by the Town Code. The
proposed water tank is located within the Two Family Primary/Secondary Zone District.
Therefore, this proposal is subject to the issuance of a conditional use permit in
accordance with the provisions of Chapter 12-16, Vail Town Code.
A. Consideration of Factors Reqardino Conditional Use Permits:
1. Relationship and impact of the use on the development objectives of
the Town.
Staff believes the proposed water tank is consistent with the purpose of the
Two Family Primary/Secondary zone district, which purpose includes "such
public facilities as may appropriately be located in the same disticf . The
tank provides additional water storage for the District to provide to the Town
of Vail and will result in minimal impact to the residential uses to the north
and west
4
2. The effect of the use on light and air, distribution of population,
transportation facilities, utilities, schools, parks and recreation
facilities, and other public facilities needs.
Staff believes the proposed structure will have negligible effects on the
above-mentioned criteria. Because of the below grade nature of the structure
and the manner in which it is to be operated, staff believes that there is no
effect on the use of light and air.
3. Effect upon traffic with particular reference to congestion, automotive
and pedestrian safety and convenience, traffic flow and control, access'
maneuverability, and removal of snow from the street and parking
areas.
Staff believes that the proposed structure will have negligible effects on the
above-mentioned criteria.
4. Effect upon the character of the area in which the proposed use is to be
located, including the scale and bulk of the proposed use in relation to
surrounding uses.
The scale and bulk of the proposed water tank will not result in a negative
effect upon the character of the area due to its location below grade and its
positioning on a hill far to the southeast of Snowberry Drive. Though no trees
are proposed for removal, Staff believes the addition of landscaping will help
to mitigate any potential negative visual impacts resulting from the access
road to the tank. The positioning of the tank on this secluded site will '?ssure
compatibility and harmonious development between (i0 and surrounding
properties in the Town at large".
The Planninq and Environmental Commission shall make the followinq findinos
before orantinq a conditional use permit:
1.That the proposed location of the use is in accordance with the purposes
of the conditional use permit section of the zoning code and the purposes
of the Lionshead Mixed Use-1 Zone District.
That the proposed location of the use and the conditions under which it
will be operated or maintained will not be detrimental to the public health,
safety, or welfare or materially injurious to properties or improvements in
the vicinity.
That the proposed use will comply with each of the applicable provisions
of the conditional use permit section of the zoning code.
STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission approves, with conditions the applicant's request for a
conditional use permit, pursuant to Section 12-6D-3, Conditional Uses, Vail Town Code,
to allow for a public utility and public service use, located at 274 Snowberry Drive/Lot
14, Block 9, Vail lntermountain Subdivision. Staffs recommendation of approval is
based upon the review of the criteria described in Section Vll of this memo and the
evidence and testimony presented.
B.
2.
?
tx.
x.
Should the Planning and Environmental Commission choose to approve the applicant's
request, staff recommends that the following findings be made as part of a motion:
1. That the proposed location of the use is in accordance with the purposes of the
mnditional use permit section of the zoning code and the purposes of the district
in which the site is located.
2. That the proposed location of the use and the conditions under which it would be
operated or maintained would not be detrimental to the public health, safety, or
welfare or materially injurious to properties or improvements in the vicinity.
3. That the proposed use would comply with each of the applicable provisions of the
conditional use permit section of the zoning code.
Should the Planning and Environmental Commission choose to approve this request,
staff recommends the following conditions of approval:
1. Prior to receipt of a grading permit from the Town of Vail Public Works
Department, a letter from the property owner of Lot 15, Block 9, Vail
Intermountain Subdivision, shall be submitted to and accepted by the Town of
Vail Community Development Department that grants the applicant permission to
re-grade and re-seed the areas of his/her lot that will be disturbed as a result of
the removal of the existing water tank.
2. Prior to November 1, 2005, the applicant shall .plant 75-'100 coniferous trees (1-2'
in height) at various locations on the site to provide additional screening and
ground cover.
3. This approval shall be contingent upon the applicant receiving Town of Vail
approval of the design review application associated with this variance request.
ATTACHMENTS
A. Vicini$ Map B. Pictures of the Site
C. Site plan and tank structure D. Summary from applicant E. Public Notice and Adjacent Listing
Planning and Environmental Commission
ACTION FORM
Departrnentof community Development RE C E f ll E i
^i:tii.:$T!'1""'aX1'b"dH;do€16s7 MAR | 6 2005
web: www.ci,vail,co.us
PEC Number! P8C050012
PEC Type:
o_+
TOI//]V OT I/,{II,P
Project Name:
ERWSD UNDERGROUND WATER TANK
Project Description:
Conditional Use Permit for the continuation of a public use; includes the removal of an existing
250,000 gallon water tank and the installation of a new 1.5 million gallon water tank to provide
additional water storage for the Town during low flow
Participants:
OWNER EAGLE RTVER WATER & SANITAI02/14|2005 Phone:
846 FOREST RD
VAIL
co 81657
License:
APPLICANT MAURIELLO PI-ANNING GROUP, LLOZI 14 12005 Phone: 970-748-0920
PO BOX 1127
AVON
co 81520
License:
ProiectAddress: 2724 SNOWBERRY DRVAIL
2734 SNOWBERRY DR
Locationr
Legal DescripUon: Lot: 14 Block: 9 Subdivision: VAIL INTERMOUNTAIN DEV S Parcel Number: 210314301044
Comments: see conditions
BOARD/STAFF ACTION
Mouon By: Kjesbo Action: APPROVED
Second By: Jewitt
vote: 5-0-0 DateofApprovall 03/14/2005
Meeting Date: 03/1412005
C,onditions:
Cond:8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond: 300
PEC approval shall not be not become valid for 20 days following the date of
approval.
Cond: CON0006979
Prior to receipt of a grading permit from the Town of Vail Public Works Department,
a letter from the property owner of Lot 15, Block 9, Vail Intermountain Subdivision,
shall be submitted to and accepted by the Town of Vail Community Development
Department that grants the applicant permission to rearade and re-seed the areas of
Lot 15 that will be disturbed as a result of the removal of the existing water tank.
t
EnW: 03/1412005 By: ee Adion: AP
Cond: CON0006980
This approval shall be conUngent upon the applicant receiving Toryn ofVall approval
of the design rwierv application and requircd landscape plan associated wlt{t thls
condiEonal use permit requ6t
Enhyz 031L412005 By: ee Action: AP
Plannen Elisabeth Eckel PEG Fee Pald: $650.00
o
b2 At!-!nffm
Conditional Use Permif
El Conditional Use Permit $650
tr Floodplain Modification $400
tr Minor Exterior Aheration $650
tr Major Exterior Alteration $800
tr Development Plan $1500
E Amendment to a Development Plan $250
tr zoning Code Amendment $1300
E Variance $500
tr Sign Variance $200
Application for Review bY the
Planning and Environmental Commission
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
kjf. 97O.479.2L28 f ax: 970'479'2452
web: www.vailgor.com
General Information:
All projeds requiring planning and Environmental C.ommission review must receive approval prior to submitting a
building permit'apptibUon. itease reier to the zubmittal requirements for the particular approval that is requested.
An application foi-planning and Environmenbl Commission rsriew cannot be accepted until all required information
is received by the Community Development Department. The project may also ne€d to be reviewed by the Town
Council and/or the Design Review Boarcl.
Type of Application and Fee:
E Rezoning $1300 tr Major Subdivision $1500 E Minor SuHMsion $650 tr Exemotion Plat $650 tr Minor Amendment to an SDD $1000
El New Special Development District $6000 tr MajorAmendmentto an SDD $6000 tr MajorAmendmentto an SDD $1250
(na exterior modifiations)
N
Location of the ProPosal:t",Lltj;kEsuMivision : i/,n, t I'Ten^la-'ir'e"{ D evel'iPlrF'fi S.,B'
parcef No,: 3t O 3 ttl 3o r o q .l (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)
Name(s) of Owner(s):
Mailing Address:ta-L.(J
Physical Address: 2734 -1llo.-'r3rrrY )nruf
.iA^/frs f*-va .ll- - ' 4"y-
Owner(s) Signature(s): @
Name of ApPlicanh -{
Mailing Address:
E-mail Address:
'>AN afdnL)
91o
Flcdev\FORMS\Permits\Planning\PEc\conditional-use'doc Page 1 o{ 5
o
D
D
o
Conditional Use Permit
Submittal Requirements
GENERAL INFORMATION
A conditional use permit is required for any use classified as being "conditional" in any of the Town's zone districts. All appljcabons
for conditional use permits are reviewed by the Planning and Environmental Commission. Uses listed as conditional uses in the
various districts may be permitted subject to such conditions and limitations as the Town may prescnbe to ensure that the location
and operation of the conditional uses will be in accordance with development objectives of the Town and will not be detrimental to
other uses or properties,
I. SUB}IITTAL REOUIREMEMS
Fee: $650.00 There is no fee required for conditional use permits for Employee Housing Units (EHU'S), however, Design
Review fees are required.
Stamped, addressed envelopes and a list of the property owners adjacent to the subject property, including
properties behind and across streets. The list of property owneB shall include the owners'name(s), corresponding mailing
address, and the physical address and legal description of the property owned by each. The applicant is responsible for conect
names and mailing addresses. This information is available from the Eagle County Assessor's omce.
Title RepoG induding Schedules A & B.
written approval from a condomlnium associabon, landlord, and joint owner, if applacable.
A written statement addressing the following:a. Describe the precise nature of the proposed use and measures proposed to make the use compatible with other
properues in the vicinity,b. The relationship and impact of the use on development objectives of the Town.c. The effect of the use on light and air, disFibution of population, transportation facilities, utilities, schools, parks and
recreation facilities, and other public facilities and public facilities needs.d. The effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience,
tramc flow and control, access, maneuverability, and removal of snow from the streets and parking area.
e, The effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of
the proposed use in relation to surrounding uses.
Q Existing and Proposed Site and Grading Plans (Four complete sets of plans).
o Existing and Proposed Architectural Elevations (Four complete s€ts of plans).
tr Existing and Proposed Ardritectural Floor Plans (Four complete sets of plans),
O All plans must also b€ submitted in 8.5" x 11" reduc€d format. These are required for the Planning and Environmental
Commission members' information packets.
tr Additional Material: The Administrator and/or PEC may require the submission of additional plans, drawings, specifications,
samples and other materials if deemed necessary to properly evaluate the proposal.
I have read and understand the above listed submittal requirements:
Project Name:
Applicant Signature\
Date
Flcdev\FORMS\Permits\Plannino\PEC\mnditional use.doc Page 3 of 5 1t4t06
Conceptual Revi o ew
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 97 0.479.2L28 far<i 970.479.2452
web: www.vailgol.com
General Information:
All projects requiring design review must receive approval prior to zubmitting a building permit application. Please
refer to the submittal requirements for the particular approval that is requested. An application for Design Review
cannot be accepted until all required information is received by the Crmmunity Development DeparUnent. The
pqect may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission.
b"iign r"iie* approval lapces unless a building permit is issued and construction commences within
one year of the approval.
Description of the Request:
T,qat ts ! r '7H rl I'
Application for Design Review
F*T "r?n 8ll-
Phonel 10 4l?.) 5?5
ttrA-rt( -lhrr t(
Location of the prcposat: t-ot: l^{ glock: Q suuolvision:Vsrt Tfir.aAlrut&rl bEyttlPrEil s,B
Physical Address:2134 lnaurtFRR VA
Parcel No.:316 jt4 J61oa4 (C,ontact Eagle Co. Assessor at 970-328-8640 for parcel no.)
zoning: -T-r^ro -FAA.('Ly ?tr,vldRy SFc/'l,bri€?y'
Name(s)of owner(s): EAGK ?rv*[ t.r,*Trii. t']nliI*TorJ ]rsTierf
"i'l,l#"A#
Owner(s) Signature(s):
Name of Applicant:
Mailing Address:
Type of Review and Fee:
O Signs
E Conceptual Review
E/rue* Construction tr Addition
tr Minor Afteration
(multFfamily/commercial)
tr Minor Altention
(single-family/du Plex)
E Changes to Approved Plans
D Separation Request
$50 Plus $1.00 per square fuot oftotal sign area.
No Fee
$650 For construction of a new building or demo/rebuild'
$300 For an addition where square footage is added to any residenual or
commercial building (includes 250 additions & interior conversions)'
$250 For minor changes to buildings and site improvements, sudl as,
re'roofing, painting, window addiUons, landscaping, fences and
retaining walls, etc.
$20 For minor changes to buildings and site improvements, sucn as,
re-roofing, painting, window additions, landscaping, fen@s and
retaining walls, etc.
$20 For rev-isions io plans already approved by Ptanning Staff or the
Design Rariew Board.
No Fee
E-mail Address:
For Office Use OnlY:
Fee Paid:Check No.:- BY:
Meeting Date:DRB NO.:
Planner:Project No.:
o o
Land Title Guarantee Company
CUSTOMER DISTRIBUTION
Tith
Datc: 03-30-2006 Our Order Numbcr: V5{U4028
Prrpcrty Addrcss:
2734 SNOWBERRY DRIVE / VAIL INTERMOUNTAIN DEVELOPMENT BLK:g LOT:I4 VAIL, CO
81657
IIyou have any lnqulrix or rqulre fur'ther a.sslstance, please conlact one of the numben below:
For Title Assistance:
Vall Tttle Dcpt.
Roger Avlla
108 S FRONTAGE RD W #208
PO BOX 357
vArL, co 81657
Phone: 9?0-4?6-2251
Fax: 970-176-{732
EMall: ravlla@ltgc.com
EAGLE RTVER WATER & SANITATION DISTRICT
?{6 FOREST ROAD
VAIL, CO 81657
AAn: IGREN SHANLEY
PhoE: 970-476-7{m
Fax: 9110-47&4089
EMall : kshanley@erwsd.org
Llnlcd Commitment Dellvery
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Land Title Guarantee Company
Title
Date: 03-30-2006
Our Order Number: V5ffil{028 GU^t ?tltf, c(nf^rY
Propcrty Addrcss:
2734 SNOWBERRY DRIVE / VAIL INTERMOUNTAIN DEVELOPMENT BLK:g LOT:14 VAIL' CO
81657
Buyer/Sorrower:
EAGLE RIVER WATER AND SANITATION DISTRICT, A QUASI-MUNICIPAL CORPORATION
Sellcr/Ovmer:
EAGLE RWER WATER AND SANITATTON DISTRICT, A QUASI-MUNICIPAL CORPORATION
Nced a map or directlons for your upcomlng dming? Check out Land Title's web sitc at www.ltgc.com
for dlrecdrins to any of our 5{ office locadons. -
ESTIMATE OF TITLE FEES
Informadon Blnder €lso . oo
ff t rd tac!,r 6|rlraltar Co4it'ry rllf b. closl.ag tiir tlr.D4ctlod, .ba? ta.t rJll !€ collactad at t!.t tlD.
TOTAL i750.oo
t r COE! OalOa TIIANK YOU FOR YOI'R ORDERI
LAND TITTE GUARATTITEE COMPA]IIY
rNvorcE
ftle
Owner: EAGLE RMR WATER AND SANITATION DISTRICT' A QUASI-MUNICIPAL
CORPORATION
Property Addresr: 2?34 SNOWBERRY DRM / VAIL INTERMOUMAIN DEVELOPMENT BLK:9 LOT:
VAIL. CO 81657
Your Reference No.:
When rcferring to lhis order, please referelrce our Order No. V50014028
. CHARGES -
Infonnadon Binder $150.00
--Total--$r50.00
Please make checks payable to:
Iend Title Guarantee Company
P.O. Box 5440
Denver, CO 80217
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Chlcago Title Insurance Company
ALTA COMMITMENT
Schcdnlc A
Our Ordcr No. V500U02E
Cust. Rd.:
Property Addrcss:
2734 SNOWBERRY DRM / VAIL INTERMOUNTAIN DEVELOPMENT BLK:g LOT:14 VAIL, CO
8r657
l. Efrecdve Date: March 17, 2006 at 5:00 P.M.
2. Poltcy to be lssued, and Proposcd Insured:
Information Binder
Proposed Insured:
EAGLE RIVER WATER AND SANITATION DISTRICT, A QUASI-MUNICIPAL CORPORATION
3. The estate or lnt€rcst ln the land descrlbed or rcferred io ln this Commltment and covered hereln ls:
A Fee Simple
4. Tttlc to thc estate or intcrcst covered herein ls at thc cffcctivc date hereof vestcd ln:
EAGLE RIVER WATER AND SANITATION DISTRICT, A QUASI-MUNTCIPAL CORPORATION
5. The land refcrrtd to ln thls Commltrncnt ls descrtbcd as follows:
LOT 1{, BLOCK 9, VAIL INTERMOUNTAIN DEVELOPMENT SUBDTVISION, ACCORDINC TO THE
RECORDED PI.ATTHEROF, COUNTY OF EAGLE, STATE OF COLORADO.
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ALTA COMMITMENT
ScheduleB-Sectionl
(Requirementr) Our Order No. V50014028
Thc following arc the rcqulremcnts to be conplled wlth:
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or
hterest to be lmured.
Iten ft) Proper inseunent(s) creadng the estate or inter€st to be fusured must be executed and duly ffled for rtcord,
Item (c) Payment of all taxes, charges or assessments levied and assessed agalnst the subJect premises whlclr are due
and payable.
Item (d) Addtdonal requirements, if any dlsclosed below:
Thls producl is for lnformational purposes only and does nol constitute any form of title guarantee nor lngrance. The
liability of the company shall not exceed the charge pald by lhe applicant for this product, nor shall the company be
held ltable to any party olher than the appllcant for this pmduct.
THIS COMMMMENT IS FOR INFORMATION ONLY, AND NO POLICY WLL BE ISSUED
PURSUANT HERETO.
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ALTA COMMITMENT
ScheduleB-Section2
@xccpti,ons) Our Order No. V50014028
Thc policy or policles to be issued will contain exceptiolu to the followlng unless thc same arc dlspored
of to the sadsfacfon of the Company:
l. Rights or claims of parties in pmsession not shown by lhe public records.
2. Easemenls, or clalms of easements, not shown by lhe public records.
3. Discrepancles, conflicts tn boundary llnes, shortage in area, encroachments, and any facts whlch a correct survey and
inspection of the premises would dlsclose and whlch are nol shown by the publlc rtcords.
4. Any tien, or rlght to a lien, for servlces, labor or material theretofore or hereafter furnished, imposed by law and
not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, crcated, first appearlng in tlre publlc records or
attachlng subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for
value lhe estate or intercst or mortgage thereon covered by dris Commltmmt.
6. Taxes or special assessments which are not shown as existing llens by lhe publlc rccords.o the Treasurer's office.
7 . Liens for unpaid water and sewer charges, if any. '
. In addition, the owner's pollcy will be subject to the mortgage, if any, noted in Section I of Schedule B hereof.
S. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECORDED APR]L 18, IS34, IN BOOK I23
AT PAGE 3.
10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF T}IE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 18, T934,
IN BOOK 123 AT PAGE 3.
II. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEMURE OR REVERTER CLAUSE,
BUT OMTTTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION,
SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN TJNLESS AND ONLY TO THE
EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER {2, SECTION 3607 OF
THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT
DISCRIMINATE AGAINST HANDICAP PERSONS, AS CONTAINED IN INSTRI,]MENT RECORDED
SEPTEMBER 06,IS72,IN BOOK 225 AT PAGE 315.
12. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE PI.AT OF VAIL INTERMOUNTAIN DEVELOPMENT SUBDIVISION, BLOCK 9 RECORDED
SEPTEMBER 7, 1972 IN BOOK 225 AT PAGE 335.
o o
LAND TITLE GUARANTEE COMPANY
DISCLOSURE STATEMETITS
Note: Pursuant to CRS l0-l l-122, nodce ls hereby given that:
A) The subJect real property may be located in a speclal taxing district.
B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtalned from the County
Treasurer's authorized agent.
C) The information regardlng special distrlcts and the boundaries of such distrlcts may be obtained from
the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor.
Note: Effective September I, 1997, CRS 30-10-406 requires that all docuinents recelved for recordlng or fillng
in the clerk and recorder's ofhce shall contain a top margin of at least one inch and a left, right and bottom
margin of at least one half of an inch. The clerk and recorder may refirse io rccord or file any document that
does not conform, except lhat, the requirement for the top margin shall not apply to doclrments uslng forms
on which space is pmvided for recording or filing lnformatlon at lhe top margln of the document.
Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every
title enttty shall be responslble for all matters which appear of record prior to the lime of recordlng
whenevei the dtle entity conduc{s the closlng and is responsible for recording or filing of legal
documenls resuldng from the transacllon which was closed". Provided that Land Title Guarantee
Company conducts the closing of the insurrd hansaclion and is responsible for recording the
legal-doiuments from the transaction, exception number 5 will not appear on the Owner's Tille
Pollcy and the Lenders Policy when issued.
Note: Alnrmatlve mechanlc's lien protection for lhe Owner may be available (typtcally by deletion
of Excepdon no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Pollcy to be
issued) upon compliance wilh the following conditions:
A) the land described in Schedule A of thls commitment must be a single family residence which
includes a condomlnium or townhouse unit.
B) No labor or materials have been furnlshed by mechanics or material-men for purposes of
constnrction on the land described in Schedule A of thls Commllment wlthtn the past 6 monlhs.
C) The Comparry must receive an appropriate affidavit lndemnifying the Company agaimt un-flled
mechanic's and material-men's liens.
D) The Company must rcceive payment of lhe appropriate Pr€mium.
E) If there tras n-een construction, lmprovements or major repairs undertaken on the property to be purchased
wlthin six months prior to the Date of the Commitment, the requirements to obiain ooverage
for unrecorded liens wlll lnclude: dlsclosure of certaln construction informallon; financlal lnformatlon
as to the seller, the bullder and or the contfactor; payment of the appmprtate premium fully
executed Indemnity Agreements satlsfactory to the company, and, any addltlonal rcquirements
as may be necessary after an examlnation of lhe aforesald information by lhe Company.
No coverage will be given under any circumstances for labor or material for which the insured
has contracted for or agreed to pay.
Note: Pursuant to CRS l0-ll-123, notice ls hereby given:
Thls notice applies to owner's policy commltments containing a mineral severance instrument
exceptlon, or exceptlons, in Schedule B, Secdon 2.
A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwlse
conveyed from the surface estate and lhat there ls a substantlal likelthcod that a fttrd party
holds iome or all interest in oil, gas, olher minerals, or geothermal enersf in lhe property; and
B) That such mineral estate may include the right to enter and use lhe property without lhe
surface owner's permission.
Nothing herein contalned will be deemed to obligate the company to provlde any of the coverages
referred to hereln unless lhe above condltions are firlly satlsfled.
Fonn DISCIdJRE 09/01/02
o o
JOINT NOTICE OF PRIVACY POLICY
Ftdelity National Financtal Group of Companics / Chicago Tltle Insurance Company
Securtty Unlon Title lnsurance Company and Land Titlc Guarantec Company
July l, 2001
We recosniz€ and resoect the orivacv exDsctalionlr of today's consumers and the rgquirementsof qppllcatle f.gleral an!
state ori'iacv laws. We believd that rfraldire vou aware of how we us€ your non-puDlic peFonal Intonnalio-n (- tsersonal
Inforinationn'), and to whom it is disdoserf, -will form the basis for a relationslip of _truat qptween.us and tlle Public
that we servd. This Privacy Statement provides lhal explanation. We reserve the rigtlt to change mis Privacy
Statement from time to tinie consistent'with applicable-prlvacy laws.
In the courre of our buslness, we nay collect Personal Informadon about you from the followlng sflrrces:
* From aoolications or olher forms we receive from You or Yoqr authorized represQn!4tive;* From ybirr transactions wilh, or from the services being performed by, us, oUr anlliates, or ollers;* From -our internet web sites:- F6m the ;ub-m records maintained by governmental entities that we either obtain direclly from those
entities. oi from our affiliates or olheisland * From cdnsumer or other reportlng agencies.
Our Policies Regardlng thc Protccdon of the Conffdentlallty and Securlty of Your Personal Information
We maintain ohvsical. electronic and omcedural safeguands to protect youf Persoql Information from unaulhorized
ii&-ss diintiirsion. tlie limifaccess td the Personal lilformatiori only t6 those employees who need such access in
connection with providing products or servlces to you or for other l.gitimate buslneS pur?oses.
Our Polldes and Pracdces Regardtng the Sharing of Your Personal Informatlon
We mav share your Personal Information with our a{Iiliates, su!:h as insura-nce companies, agents, and other real
estate s"ettlemedt service providers. We also may disclose your Personal Information:
to asents. brokers or reoresentatives to provide you with services you have- request{;
io ffini-riartv-,in-uaclort or service pioi,iders w'ho provide servic6 or perforni marketing or other
functionb ori our behalf; and
io fuhJn wiitr wtrom-we -nier into joint rnarketing agreements for products or services that we bellwe you
mav find of inierest.
In addition. we will disclose vour Personal Information when you direcl or glve us pgnqission, w[en we qre required
bv law to do so, or when weiuspect fraudulent or criminal acllvities.,We also may disclose yo.u^r tersona-l
Ififormation when otherwise D€nilitted by applicable Drivacy laws sucn as, tor example, wlren discl(Nure ls nee(reo
to enforce our rights arising irut of any algrdeiment, transaction or relationship with ybu.
One of lhe imDortant rcsoonsibilities of some of our affitiated companies is to record documents in the public
domaln. SuchtocumenlS may contain your Personal Informadon. -
REht to Access Your Pcrsond Informadon and Abllity to Correct Errors Or Request Changcs Or Dcledon
Ceriain states alford vou the rieht to access your Personal Information and, u4der, certai4 circumstances, to find out
to whom vour Firsorial InformEtion has beei disclosed. Also, certain states afford you thq right to requggt -
mrrecdoi. amendment or deletion of your Personal Information. We re{erve the right, wher€ permitled by law, to
charge a reasonable fee to cover the cbsts incurred in responding to such requests.
All requests submitted to the Fidelity Nafg,nal Fina4cJal Group of Companies/Chicago Tide Imurance Company
shall tie in writing, and delivered to-the following address:
Privacv Comoliance Ofncer
Fideliti Natftinal Financial, Inc.
39f$B*lf;.Tr1ei$f'?3'
Mulfple Products or Scrviccs
If we provide you with more than one financial_ product or service, you may receive more than one privacy notice
from ris. We apologize for any inconvenience th'is may cause you.
Forn PRfV. POL.CHI
Land Title Delivery (2734 SNOWBERRY /VAIL INTE...
Subject: Land Title Delivery (2734 SNOWBERRY DRIVE / VAIL INTERMOUNTAIN
50014028)
^From: scrouch@ltgc.com
]ate: Thu, 30 Mar 2006 17:08:25 -0000
-To: kshanley@envsd.org
DRIVE o o
DEVELOPM )(buyer/owner EAGLEXoUT
nd Title
Linked Commitment Delivery
Attached ls your Land l'ltle commitment for order number 50014028 in Adobe AcrobatrM format. See the bottom of thls
email for installation instructions and more detalls.
For your convenience, we have a summary of your commitment below, Notice the llnks wlthln the document; you can
click these links and open the associated image.
Any text In the Commitment Summary that has been updated or changed appears in a different color.
If you have questions regardlng any of the links in this email, please contact Vail Title Dept, by calllng 970-476-225L.
Information Blnder summary - 2734 SNOWBERRY DRIVE / VAIL INTERMOUNTAIN DEVELOPMENT BLK:g LOT:la (50014028)
Your land Title Guarantee Company Contacts:
For Title Assistance:
Vail Title Dept.
Roger Avlla
108 S FRONTAGE RD W #203
PO BOX 357
VAIL, CO 81657
Phoner 970-476-2251
Faxi 97O-476-4732
ravila@ltqc,com
Commitment Delivery Parties:
EAGLE RIVER WATER & SANITATION DISTRICT
746 FOREST ROAD
VAIL, CO 81657
Attn: KAREN SHANLEY
Phone:970-476-7480
Fax: 970-476-4089
EMall : kshanley@erwsd.org
Linked Commitment Delivery
I of5 3/30D006 l0:17 AM
Irnd Tidc Deli very Q734 SNOWBERRY DRTVE o /VAIL INTE...
2734 Snoryberry Drlve ,, Vall Intermountain Development 8lk:9 lot:14
Vall, CO 81657
County of Eagle, State of Colorado
t€gal Descrlptlon l
LOT 14, BLOCK 9, VAIL INTERMOUNTAIN DEVELOPMENT SUBDTVISION, ACCORDING TO THE RECORDED P|.AT
THEROF, COUNTY OF EAGLE, STATE OF COLORADO.
Plat Map(s):
- Eliective Date & Tlme: '
March 17, 2006 at 5100 P,M.
- Inter€st:
A Fee Slmple
Seller(s):
-B
Vesung Deed(s) / (Vlew dates for 24 month Chaln of Tltle):
05-09-2001
Buye(s)/BonoweF(s) |
EAGLE RIVER WATER AND SANTTATION DISTRTCT. A QUASI-MUNICIPAL CORPORATION
Proposed lnsua€d & Coverag€s:
lnformaUon Blnder
EAGLE RIVER WATER AND SANTTATION DISTRICTI A QUASI-MUNICIPAL CORPORATION
2 ofS 3RODtrJ6 l0:l7AM
Land Title Delivery Q73a SNOWBERRY DRM / VAIL INTE...
v
' Requirements:
Item (a) Payment to or fior the account of the grantors or mortgagors of the full considerauon for the estate or
interest to be lnsured.
:
Item (b) Proper instrument(s) creating the estate or interest to be Insured must be executed and duly flled for
: record, to-Wit:
Item (c) Payment of all taxes, charges or assessments levled and assessed against the subject premlses whlch
are due and payable,
, Item (d) Addltlonal requirements, if any disclosed below:
This product ls for Informational purposes only and does not constitute any form of tltle guarantee nor
insurance. The liabllity of the company shall not exceed the charge pald by the appllcant for thls product, nor
shall the company be held liable to any party other than the applicant for this product,
THIS COMMTTMENT IS FOR INFORMATION ONLY, AND NO POUCY WILL BE ISSUED PURSUANT HERETO.
3 of5 3/30f2006 l0:17 AM
Land Title Delivery Q734 SNOWBERRY DRIVE / VAIL INTE...
_
Exceptions:
1. Rlghts or claims of parties In possesslon not shown by the publlc records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancles, confllcts in boundary llnes, shortage in area, encroachments, and any facts whtch a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter fumished, imposed by law
and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, lf any, created, first appearlng in the publlc
records or attaching subsequent to the effective date hereof but prlor to the date the proposed Insured acqulres
of record for value the estate or interest or mortgage thereon covered by thls Commitment.
6, Taxes or special assessments which are not shown as existing liens by the public records,o the Treasurer's
ofnce.
7. Llens for unpaid water and sewer charges, lf any,.
8. In addition, the orrner's policy will be subject to the mortgage, if any, noted in Section 1 of Schedule B
hereof.
9. RIGHT OF PROPRIETOR OF A VEIN OR IODE TO EXTMCT AND REMOVE HIS ORE THEREFROM SHOULD THE
SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT
RECORDED APRIL 18, 1934, IN BOOK 123 AT PAGE 3.
10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BYTHE AUTHORIW OF THE UNITED STATES AS
RESERVED IN UNITED STATES PATENT RECORDED APRIL 18, 1934, IN BOOK T23 AT PAGE 3,
11. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFETTURE OR REVERTER CLAUSE, BUT
OMITNNG ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, REUGION, SEX. HANDICAP, FAMIUAL
STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT
UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES
NOT DISCRIMINATE AGAINST HANDICAP PERSONS, AS CONTAINED IN INSTRUMENT RECORDED SEPTEMBER
06, L972,IN BOOK 225 AT PAGE 315.
12. EASEMENTS, CONDMONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF
VAIL INTERMOUNTAIN DEVELOPMENT SUBDIVISION. BLOCK 9 RECORDED SEPTEMBER 7 , 1972IN BOOK 225
AT PAGE 335.
4 of5 3/3012006 l0:17 AM
land Title Delivery @734 SNOWBERRY DRIYE / VAIL INTE...o
13. TERMS, CONDITIONS AND PROVISIONS OF CLAIM OF EASEMENT RECORDED DECEMBER 27, 2OOO AT
r RECEPTION NO.747005.
^
-
The above Summary is provided for information purposes only, To the extent that it conflids with or otherwlse varies
from the actual commitment provided, the latter shall govern.
The above links and associated images are provided for lnformation purposes only. They are not guaranteecl as to
accu racy, ava i la bll lty or qua lity,
The above Summary ls provided for information purposes only. To the extent that lt conflicts with, or otherwlse varies
from, the terms of the attached title commltment, the latter shall govern.
The above links, and associated lmages are provided for Information purposes only. They are not guaranteed as to
accuracy, availabllity, or quality.
The attached document is a PDF (Portable Document Format) file and can be vlewed or printed with Adobe Acrobat
ReaderTM.
If you do not have'Adobe Acrobat ReaderTM on your system, you can download it for free from Adobe.
Some of these documents may be deslgned to prlnt on LEGAL paper, To prlnt these on LETTER paper, select the "Fit to
Page" option from withln the Acrobat Reader.
If you want to print on LEGAL paper, select legal-size paper from within the "Print Setup" dialog box from wlthin the
Acrobat Reader.
ontent in this email is Copyright @ 2oo5 LT systems, L.L.c. All rights reserved.
--iContent-Type: appllcation/pdf 5oo14O28-1-Misc.Ddf I - content-Encoding:base64
5 of5 313012006 l0:17 AM
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.LAI{I) TITLE GUARAI{
1^0& S.Frontage Road West" #203 u, co 81657
(e70) 47G225t
Direct (970) 4774533
eFuc (877) 2684379
E-mail : sdorman@ltsc.com
T-t80 P.0l
TEE COMPAI\IY
Thursday, March 30, 2096 Time:10:20 a.m.
GuAt,rNl tl oolltA]{r
Date:
To:
Far:
From:
47ffi089 Phone:
Samh Dorman
Number of Pages (including covdr sbeet):22
Should you hwe any problems, please contact the sender at (970) 171!83
et"g.t Per your request, wewill be sendingyou a clinlced" Info Bindcr (whicb allows
you toipen tbe copies riferenced in the report) for 2734 Snowberry Drivevia emeil (our file
number V5001402b). Enclosed herein is a copy of the tax rnap showing adJacent lot*
eorresponding assessors website info and vesting deeds (showing legal descriptiom). Tbe
I'orcsfserTici property does not have a parcel number or address Por se. Please call with
questions or further needsl
CONFIDEIITAUTY NOTE
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Project Name:
Project Description:
Pafticipants:
Project Address:
2734 SNOWBERRY DR
Legal Description:
Parcel Number:
Comments:
Design Review Board
ACTION FORM
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel : 97O.479.2139 tax:. 97 0.47 9.2452
web: www.ci.vail.co.us
DRB Number: DRB050053
REVEGETATION FOR A UNDERGROUND WATER TANK - to include 100 coniferous saplings
placed in area of lot that will be disturbed by construction and which is currently lacking
vegetation
OWNER EAGLE RIVER WATER & SANITATI02/14/2005 Phone:
846 FOREST RD
VAIL
co 81657
License:
APPLICANT MAURIELLO PLANNING GROUP, Ll02l 14 12005 Phone: 970-748-0920
PO BOX 1127
AVON
co 81620
License:
2724 SNOWBERRY DR VAIL Location:
Lot: 14 Block: 9 Subdivision: VAIL INTERMOUNTAIN DEV S
210314301044
see condition
BOARD/STAFF ACTION
Motion By:
Second By:
Votei
Conditions:
Rogers
Dunning
4-0-0
Action: APPROVED
Date of Approval: 0311612005
Cond: 8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond: 0
(PLAN): DRB approval does not constitute a permit for building. Please consult with
Town of Vail Building personnel prior to construction activities.
Cond: 201
DRB approval shall not become valid for 20 days following the date of approval.
Cond: 202
Approval of this project shall lapse and become void one (1) year following the date
of final approval, unless a building permit is issued and construction is commenced
and is diligently pursued toward completion.
Cond: CON0006990
The applicant shall plant 100 coniferous saplings 1-2 feet in height within the area
of the lot that is not currently vegetated by November 1, 2005 or prior to the final
inspection carried out by the Community Development Department whichever occurs first.
)
Entry: 03/L812005 By: ee Action: AP
Planner: Elisabeth Eckel DRB Fee Paid: $25O.0O
IOI4'T'M
a Application for Design Review
$20
$6s0
$300
$2s0
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2139 f ax: 970.479.2452
web: www.ci.vail.co.us
General Information:
All projects requiring design review must receive approval prior to submitting a building permit application. Please
refer to the submittal requirements for the pafticular approval that is requested. An application for Design Review
cannot be accepted until all required information is received by the Community Development Deparbnent. The
project may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission.
Design r€view approval lapses unless a building permit is issued and construction commences within
one year of the approval.
Description of the Request: Reveqetation Dlan associated with an underqround water storaoe
tank for ERWSD.
LocaUon of the Proposal: Lot: 14 Block:9 Subdivision: Vail Intermountain Development Sub.
Physical Address: 2734 Snowberry Drive
Parcel No.: al1q]ll330!!11__ (contact Eagle co. Assessor at 970-328-8640 for parcel no.)
Zoning: Two-FamilvPrimarySecondarv
Name(s) of Owner(s): Eagle River Water and Sanitation District
Mailing Address: 846 Forest Road. Vail. co 81657 '\ Phrlne: 477-\4nR
owner(s)Signature(s): ):r'* .:T
Name of Applicant: Represented bv Mauriello Planning Grouo. LLC
Mailing Address: PO Box 1127. Avon. CO 81620
Phone: 970-748-0920
E-maif Address: maurrello@comcast.net Fax: 970-748-0377
Type of Review and Fee:
tr Signs
D Conceptual Review
n New Construction ! Addition
D
n
y'Minor Alteration
(multi-family/commercial)
Minor Alteration
(single-family/duplex)
Changes to Approved Plans
Separation Request
$50 Plus $1.00 per square foot of total sign area.
No Fee
For construction of a new building or demo/rebuild.
For an addition where square footage is added to any residential or
commercial building (includes 250 additions & interior conversions).
For minor changes to buildings and site improvements, such at
reroofing, painting, window additions, landscaping, fences and
retaining walls, etc.
For minor changes to buildings and site improvements, such as,
reroofing, painting. window additions, landscaping, fences and
retaining walls, etc.
$20 For revisions to plans already approved by Planning Staff or the
Design Review Board.
No Fee
RECDFtBLi2005
TOWN OF VAIL, COLORADO Statement
+++++*** * *+**********f :1.* ************** ********+** ** ****** ******* * * ********** * * ******* * * ** **.1
Statement. Nruriber: R050000132 Anolrrrt: $250.00 02/t4/2OO5L0:13 AM
Pal.ment MeLhod: Check Init: iIS
Notation: #3456?/ERWSD
Permit No: DR8050053 1l4)e: DRB-Minor AIt, Comm/Multi
Parcel No: 210314 3 01044
Site Address: 2724 SNOWBERRY DR VAIIr
Location 3 2734 SNOWBERRY DR
Total Fees: $250.00 This Payment: $250.00 Total ALIr Prnts: $250.00 Balance: 50.00 *********+**+******+**f******+*+t*t+**+***+************************+*t*****{.{.**i.**dr*********
ACCOUNT ITEM LIST:
Accourrt, Code DescriDtion Current Pmts
DR OO1OOOO3LL22OO DESIGN RSVIEW FEES 250.00
o
NITY
o
TING
Comments:
Connuu DevelopMENT Rou Fonu
Date Reviewed:
Routed To:Fire
Date Routed:02t16t05
Routed By:Planner 6/2z.uz//.
Date Due:02t23t05
Description of work:conditional use permit for new underground water storage tank
Address:2734 Snowberry
Leqal:Lot:114 lBlock:I lSubdivision: I Intermountain
Statud:
ffnpproved
lssues. Need additional review bv Fire
r-Elisbbdth Eckel - Re:
From:
To:
Date:
Subject:
Hi Dominic:
Elisabeth Eckel
Dominic Mauriello
0211612005 2:37:36 PM
Re: FW: ERWSD
You heard correctly. I may take you up on your offer to see the site...early next week? | have routed the
plans to Public Works and the Fire Dept., the latter of which will be communicating directly with Fred
Haslee regarding some federal regulations that affect the proposal.
I will let you know as the memo progresses, etc. Currently, PEC will be on 03.14 and DRB will occur on
03.16.
These are not pressing questions, but could you describe for me the specifics ofthe 30 x 50 staging area?
And what is a "sediment trap"?
Thanks,
Elisabeth
>>> "Dominic Mauriello" <mauriello@comcast.net> 0211612005 2:16:58 PM >>>
Hi Elisabeth:
I understand you are the planner on the Water Tank. I
know it is a pretty exciting project. Let me know if you
would like to meet and go over the application. You wil
notice that ERWSD is proposing to seed all of the
disturbed areas with a native grass mixture and that no
trees are proposed. The area in question has no trees
today but is surrounded by trees which makes the site
nearly impossible to see from most anywhere. The District
prefers not to plant trees anywhere near the water tank as
over time tree roots will find there wav to the water
through the concrete tank.
Let me know if you would like to take a site visit. You
will need your snowshoes for that one.
Call me with any questions.
Thanks
---Original Message-----
From: JosephSuther@
Sent: Wednesday, February 16, 2005 1:02 PM
To: mau riello@comcast. net
Subject: Re: ERWSD
Dominic, Elisabeth has been assigned the ERWSD tank
project. She can be
reached at479-2454. The corresponding #'s are DRB050051 &
PEC050012
Joe Suther
Town Of Vail
Development Review Coordinator
97M79-2128
75 South Frontage Road
Vail, CO 81657
iculhe@vsilsov,com
>>> "Dominic Mauriello' <M!u!el!s@@@as!sl> 02l16l200s
11:43:52 AM
Hi Joe:
Do you happen to know which planner was assigned the water
tank project?
Thanks
Dominic F. Mauriello, AICP
Mauriello Planning Group, LLC
PO Box 1127
56014 lMldridge Road
Avon, Colorado 81620
(970) 748-0920 phone
(970)7484377 tax
(970) 37S3318 cell
mauriello(@comcast. net
Department of Community Development
75 South Frontage Road
Vail. Colorado 81657
970-479-2138
F/lX 970-479-2452
www.vailgov.com
March 18, 2005
Mr. Dominic Mauriello, AICP
Mauriello Planning Group, LLC
PO Box 4058
Edwards, CO 81632
(tax) 970.748.0377
Re: DRB050053
ERWSD design review ol revegetation plan
2734 Snowberry Driveilot 14, Block 9, Vail Intermountain Subdivision
Dear Dominic,
Thank you for attending the Design Review Board hearing earlier this week at which the Design Review Board
approved the referenced application with the following condition:
1. The applicant shall plant 100 conilerous saplings 1 -2 leet in height within the area of the lot that is
not currently vegetated by November 1, 2005 or priot to the final inspection caried out by the
Community Development Department, whichever occurs fi rst.
The Design Review Board felt that its historic attenlion to adequate landscaping should be applied to:this instance
as well, though the visibility to the site is vague from most directions. The addition ol sapling trees will eventually
provide some coverage atop the disturbed area of the lot and the severe grading which will take place to
accommodate the new tank may be masked more than il no landscaping were to be added.
Thank you for your patience in what is not always a simple design review process. Please teel tree to call me with
any remalnrng queslrons or
Best
Eckel
970.479.2454
enclosure
{p ^""r.""o r r"*
,*ffi
! Rezoning $ 1300
! Major Subdivision $ 1500
! Minor Subdivision $650
n ExemDtion Plat $650 n l4inor Amendment to an SDD 51000
! New Special Development District 56000
n Major Amendment to an SDD $6000 fl Major Amendment to an SDD $1250
(no exterior modifications)
I
Application for Review by the
Planning and Environmental Commission
Depaft ment of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2139 faxi 970.479.2452
web: www.ci.vail.co.us
General Information:
All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a
building permit application. Please refer to the submittal requirements for the particular approval that is requested,
An application for Planning and Environmental Commission review cannot be accepted until all required information
is received by the Community Development Department. The project may also need to be reviewed by the Town
Council and/or the Design Review Board.
Type of Application and Fee:
.d Conditional Use Permit
! Floodplain Modification
- Minor Exterior Alteration
! lvlajor Exterior Alteration
! Development Plan
n Amendment to a Development Plan
n Zoning Code Amendment
n Variance
! Sign Variance
$6s0
$400
$6s0
$800
$1500
$2s0
$1300
$s00
$200
Description of the Requesti Conditional Use Permit for a underoround water tank for
EDN/CD
Location of the Proposal: Lot: 14 Block:-g_ Subdivision: Vail Intermountain Development Sub.
Physical Address: 2734 Snowberrv Drive
Parcel No.:210314301044 ( Eagle Co. Assessor at 970-328-8640 for parcel no.)
Zoning: Two-Familv Primarv Residential
Name(s) of Owner(s): Eagle River Water and Sanitation District
Mailing Address: 846 Forest Road. Vail, CO 81657
Owner(s) Signature(s):
Name of Applicant: Reoresented by Mauriello Planning Group. LLC
Mailing Address: PO Box 1127, Avon, CO 81640
Phone: 748-0920
E-mail Addrass:mauriello@comcast.net Fax? 748-0377
Fs8;T"?,'€e"'''s6..r. xo.. a.l 5ta &ay,
| <1- .{J- PE(
L"zust?
Application Date: 3 -
Project No.:
02i04/05
RECD FEB 712005
TOWNOFVAIL, COLORADO Statement
*****{.{.ii.****f*********************************+****************************+******+********+
Statement Nunber: R050000L33 Amount: $550.0O 02/L4/200510:16 AM
Pa)ment Method:Check Init: 'JS Notation: #34568/ERWSD
Permit No:
Parcel No:
Site Address :
Location :
This Payment.:
ACCOIINT ITEM LIST:
Account Code
PV 00100003 !72500
PEC0s0012
210314301_044
2724 SNOWBERRY
2734 SNOWBERRY
$650.00
I\T)e: PEC - CondiE.ional Use
DR VAIIJ
DR
Totaf Fees:
ToEaI ALIJ Pmts :
Balance :
$550.00
$6s0.00
$o. oo
**** ***+** * * * * * * **** + * + * * * * * * + + + * * * * ****+**** * * * ** ++i.** * ******+ * * * * * * * * * + * * * * * * * + + * * * * + + * * * *
De6cription Current Pmts
5s0 . o0 PEC APPLTCATTON FEES
FIRST AMERICAN HERITAGE TITLE CO
318 Broadway P.O, Box 1980 * Eagle. Co 81631 * 1970], 328-5217
RECEIYED
FEB I4 ?tjil;
File No:ES315 6 980 L
EAGLE RIVER WATER
DISTRICT
846 FOREST ROAD
vArL, co 816 57
AND SANITATION
Dear New Property owner :
Congfratulations on your recent real esEate purchase. Enclosed is your Policy
of Title Insurance. This policy conEains inportant information about the Real
Estate Transaction you have just cornpleted; it insures you against certain
risks to your ownership. PLease read it. and reEain it. with your other valuable
papers.
A perfiianent record of your recorded title document s is accessibLe through our
office. These records will enable tr>rom;:t processing of future tiEle orders and
save valuable time should you wish to se11 or obtain a loan on your property.
Visit or call our office and simply give us your personal policy file nrunber
when you need assistance.
In Ehe event you sell your property or borrow rnoney from a mortgage I'ender you
rnay be entitled to a dj-scount rate if you order your t.itle insurance through
Fhi c namnanrr
We appreciate the opportsunity of servingr you and will be happy to assist you in
any way in regard to your future title service needs.
Sincerely.
FIRST AMERTCAN HERITAGE TITLE CO
OWNTRAN Flc # ES31669ts01
made bv the insured in anv transter 0r conveya0ce 0f the
ar
r0'cance{au0n. iiitriiip'o-rict;oiffi;;;ft:'r,;il;rffiii,ificffi;tl;
v
uompany
o
Filc lt 8531669801
FIRST N4ERICAN TITLE TNSUR,AIiICE COMPAI\DT
OWNER'S POLICY
SCIIEDT'IJE A
SH-LML289-02 / 0"1 / 02 t4 : 4L : 42
order No. 8s31559801
etrlpunt of Insurance $450,000.00
Date of Policy: May 10, 2001 at 8:00 A.M.
1. Name of Ingureds
Policy No. ,f 943228
Eagrle River Water and sanitation and District
2. The est.ate or interest in the land rphi ch is cowered. by this poricy is:
FEE SIMPLE
3. Title to the estate or interest in the land is vested in:
EagIe Riwer Water and Sanitation and District
4. The land referred bo in thig poliry is described as follows:
Lot 14, Block 9, Vail- rnEermountain Development subdivision, according
v" to the PlaE recorded Septenber 7, L912 in
Book 215 at Page 335,
Councy of Eagle,
St.ate of Colorado.
Filc I ES31669801
"t' **rcall Trrr,E rNsuRANcE co,C*
SCHEDI'LE B
order No. ES316 6 9801 Policy No. J943228
EXCSPTIONS FROM CO.\IERAoE
ftris poliey does not insure against loss or da:nagre ( and the Colq>any will not pay cosLs,
atcorneys' fees or ex;renses ) whi ch arise by reason of:
1. Taxes and Assessments not certified to Ehe Treasurer's Office.
2. Any facts, rights, interests or cfaims which are not shown by the public records but
which could be ascertained by an inspection of Ehe land or by making inguiry of
persons in possession thereof.
3. Easements, or claims of easements, not shown by the public reccrds.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachrnents, and any
facts which a correct survey and inspection of the land would disclose, and which are
not shown by the public records.
5 Arrr-r I i pn or ri crh r- t-o a 'l i en . f or services, labor or maEerial heretof ore or hereaf ter
furnished, j-mposed by 1aw and not shown by the public records.
6. A11 taxes and assessments for t.he year 2001 and subsequent years, a lien, but
not yet due or payable.
? .Fho riahr nf nrr)nri ef.lr of a vein or lode to extract or remcve ore as reserved
in United States PaEent recorded April 18 , 1-934 in Book 123 at Page 3.
E. Covenants, conditions and restrictions, which do not include a forfeiture or
reverter c]ause, set forth:n Lhe instrumenL recorded SepEember 6, 1972 in Book
225 aE Page 315.
9. Easements, covenants, resLricEions and reservations as shown cn the plat of
Vail Inlermountain Development Subdivision, recorded septenber '7, 19'12 in Book
NOTE: The foLlowinq endorsements have been added to this pol j-cy:
Premium S1,263 .00 .
I l!-
\,\/ARRANTY DEED
THIS DIIEI), l.lade thrs 4 th clay ot l4a1'
l.c,\\.ccn i/i:.toria l-f. MilIer
of thc County of Eagle lncl Statc of Co l orado
nf the County of Eagrl€an(l Slnte ol Co loraclo . glirrltcc:
day r'f
, 2001,
Irantor, and EagJ-e River Water and Sanitation District,a quasi municipal corporation and political subdivision of the State of Colorado
q'hose legal acldress is 845 Forest Road, l/ail, CC 8155?
\
.
WITNDSSETH. That the Srantor. for and in consideration of lhc srrm of FCIIR HLTI.JDREn a: i:,' - :: r. '
Tl i!111___________-______t.x)l.t_\RS. : :
the receipt and sufltciency of l,hiclt is bcrchy acknorvlerlged. has granlcd. hargainctl. solrl ancl c,.rr.,,:...: i
(loes 8rant, bargain. sell. convey ancl confirm. unto thc Slantee, his heils ancl assigns lorcler. irll fli. -.
improvements, if anv. situate. lying and heillr jn the Collnt.y cf Eaqle
dcsclihecl as follorvs:
Lot 14, Block 9, \/ai1 fnt.ermountain DevelopmenL Subclivisi :i. ...-:-t -i :.. - -:
PlaL recorded September '7, 1912 in Bock 215 at Paqe 33i),
County of Eagle, State :f Colrrado
756652
Page | | of I
?t5 / Og /2OO I Ol 23o
o o .so
alsrr knorvn b),stleet and nnmher at 2734 Snowberry Dr., VaiI, Coioradc 91557
TOGETHIIR with all an(l sin8ular the hereditaments and appurtenances thereunlo helonging. or ln nnvrviie irnf.rt !rr,rn!. an(l
tlle reversion and teversions, remaincler and remainders. rents, issues and protits thereof. ar't(l all the cstatc. llrlt:. !tijr'. lnt(:rcst.
claim ancl demand rvhatsoever of tlre grantor. eilher in larv ol equitv. of. in arrrl tr. thc lho.,c I'lrr;rrrc.i r-,r;..r't. rrrih tlrr'
hcre(litamenls and apptrrtenanccs
TO HAVE AND TO HOLI) the saicl premiscs abovc hargainecl and descriherl. \\ith thc irfl'.rt.nliref (. r:r" 'lrr J:.r:r'rc. hrr
heirs and assigns forcver. Andthe granlor, fol himself. ltis ltctrs and pcrsonal rel\rccota!rres. tlr,u.. \\'ct').lr'.:l,rri. !';t ijli.li.i
a8lceloandwiththe8rantee'hisheirsantlassigns.thati}ttheti|ncol'lhecnscalingit|](|iicli.'-c't'\
seiz,ed of the premises abovc conr,evecl, lras good. sure. pedect, absohrtc ancl inclclc;rsihlc citiltc (rl nhciit:rncc. rn 1.,,.\. il
f'ee simple, and hrs good right. full powcr and lawlul authorily to grant. hnrtain. sell anrl cr.nvcl lhc same in lnlnncr ;rnLl i,,rrl
as aforesaid, and that tl'|e same are liec ancl clear from all lbrmer an(l otlter grants. hargains. salcs. liens. tilxes. iri{c\itttc:tri\.
cttcttmbrances an(l reslrictions of rvhatever kind or nature s,,s,,.t. cxcept Ior l:rxes tilr ihe cul.rent l.car. a lien lrrrt rrot \.et (lrre or
pa t ahle. eascnrcllts, restrictions, resorYaliotls, covetratrts atrd riglrts<rl-rvly of rccord. if arry.
The grantor shall and rvill WARRANT AND FORIIVER Dl-lFF.ND tlre ahovc-hargailcd prcmises in the quiet and pe acealrle posses
sion ol the granlec, his hcirs and assigns. against all an<i cvery pels()n or pelsons larvfullv clainring the \vlrole or anv part theleof.
The singular numher shall incltl(le the plural, the plural lhe slngrrlar. an(l lhe use c,1 any gen(ler shall he npplicahlc to all genclcrs.
lN !\'ITNBSS IVHEREOF, tlle srantor has executccl this deed on tlle (l;rtc sct lhlllr ahovc.
.v )-'.,
l ililr |ilil ililil ilt ililil il] illill ilt |ilil iilt ili
Sara J ;ish€. Eaele, CC 432 R 5.00 +r
.STATE OF ccLoRADO )
couNrYoF 4^ r, ,J.t l'''( |,,'L"-
Tlre foreroing instrument wais acknorvledged hcfore me 15;5 4 th
\/ictoria M. l"1i11er
\1r, (..rnmissinn "*ni'rr, -f--.'l -L-,t'.t-,nit ltancl ;rnrl i,,.;U,.
..-- cl-(r
Notalr'l)rrhlir:i;'
\1\RRA\Tl DEEI) /fnr Fh^l^srirlic Rrco](ll ilsr I'nri!
' i .-.i .: Y .,1 -\..?o-tc* Q:, Y'; c--"t '
i\,-
\/ictot:ia l.I. |.li,l1er
qmmnrmr
2001 hv
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Department of Communily Development
March 14. 2005
0R/Ghvut
A request lor a final review of a conditional use permit, pursuant to
Section 12-6D-3, Conditional Uses, Vail Town Code, to allow for a public
utility and public service use, located at2734 Snowberry Drive/Lot14,
Block 9, Vail Intermounlain, and setting forth details in regard thereto
(PEC05-0012).
Applicant: Eagle River Water and Sanitation District, represented by
Mauriello Planning Group, LLC
Planner: Elisabeth Eckel
SUMMARY
The applicant, Eagle River Water and Sanitation District, represenled by Mauriello
Planning Group, LLC, is requesting a conditional use permit as outlined in Section 12-
6D-3, Conditional Uses, Vail Town Code, to allow for the continuation of a public utility
and public service use, located al 2734 Snowberry DriveiLot 14, Block 9, Vail
Intermountain. The conditional use permit is requested to allow the applicant to replace
an existing above ground waler tank with a new underground water tank. Based upon
Staff's review of the criteria outlined in Section Vll of this memorandum and the evidence
and teslimony presented, the Community Developmenl Department recommends
approval, with conditions of this request subjecl to the findings and conditions noted in
Section Vlll of this memorandum.
DESCRIPTION OF THE REQUEST
The Eagle River Water and Sanitation District is requesting a conditional use permit 1o
allow for the replacement ol a metal above ground 200,000 gallon water tank with a new
1.5 million gallon below grade water tank. The Water District currently uses the tank at
the Snowberry site for support during low flow times of the year and for year round fire
flow protection from the center of Town to the West Vail area. The existing tank is
partially located on Lot 15, the neighboring lotto the wesl and overlaps that lot line by
approximately five feet. The existing tank and supporting relaining wall will be removed
and the affected areas will be re-graded and reseeded to their natural state. The
attached vicinily map and pictures are helpful in clarifying the secluded nature of the site
(Attachments A and B).
The new tank is proposed for an area of the site where no lrees exist. ll will be covered
by one to two feet of soil and its perimeter will be designated and prolected by a six foot
(6') tall black nylon coated chain-link fence, primarily to protect the tank from damage
that may occur due to vehicular traffic. The new tank will have a height of approximately
lwenty-six feet (26') and a diameter of ninety-two feet (92'). lt will be constructed of
concrete and will be supported on bolh sides by permanenl and entirely below grade
concrete shoring walls. The wall on the north will be approximately seven feet (7') high
and the wall to the soulh will retain the hillside and is proposed to be approximately lhirty
feet (30') high. The height of the south wall is necessary in order to protecl the buildup
lt.
I tr.
of water behind the tank (on the south side), which would result in undue pressure on
lhe tank structure. A three foot (3') tall monitoring antenna will be located adjacent to the
tank, most likely attached to the nylon fence.
The access road that exists on the site will be used during construction. During times of
non-construclion, the tank will also be accessed regularly; by vehicle during the summer
and on foot or via snowmobile during the winter. The lot is moderately sleep with -25%
grades sloping to the northwesl, where the exisling access road enlers the site. The
area of the lot proposed lo be disturbed lolals -40,000 square feel, or just less than one
acre. To protect from excessive erosion, a series of three silt fences, each twenty feet in
length, will be installed to the north of the tank. The applicant is proposing to reseed all
disturbed areas with a dryland seed mix. Because the applicant has expressed some
concerns about planting trees on the site which roots might interfere with the tank
slructure, Staff is recommending that 75-1 00 coniferous saplings be planted al
appropriate locations on the site, as signified by the applicant in a required landscape
plan. The applicant's proposal has yet to be reviewed by the Design Review Board at its
March 16, 2005 public hearing.
BACKGROUND
The 13.24 acre site was purchased by the Eagle River Water and Sanitation District in
2001. Over the years, the site has been proposed to house various uses, including
subdivided lots containing clustered housing developmenls, an idea which was
discussed in lhe early 1980's and not supported by Staff due to the difficulty in obtaining
access to the units as a result of the sleep slopes on the lot. Most recently, employee
housing was discussed as an option for the site. Again, the costs associated with
accessibility proved to be the biggest deterrent to that plan.
REVIEWING BOARD ROLES
Order of Review: Generally, conditional use permit applications will be reviewed by the
Planning and Environmental Commission, and then any accompanying design review
application will be reviewed by the Design Review Board.
Planninq and Environmental Commission:
The Planning and Environmental Commission is responsible for linal approval, approval
with modifications, or denial of a conditional use permit application, in accordance with
Chapter 12-16, Conditional Use Permits, VailTown Code.
Desiqn Review Board:
The Design Review Board has no review authority over a condilional use permit
application. However, the Design Review Board is responsible for the final approval,
approval with.modifications, or denial of any accompanying design review application.
Town Council:
The Town Council has the authorily to hear and decide appeals from any decision,
determination, or inlerpretation by the Planning and Environmental Commission and/or
Design Review Board. The Town Council may also call up a decision of the Planning
and Environmental Commission and/or Desion Review Board.
Stalt:
The Town Slaff facilitates the applicalion review process. Staff reviews the submitled
application materials for completeness and general compliance wilh the appropriate
requirements of the Town Code. Staff also provides the Planning and Environmental
lv.
V.
Commission a memorandum containing a description and background of the application;
an evaluation of the applicalion in regard to the criteria and findings outlined by the Town
Code; and a recommendation of approval, approval with modifications, or denial.
APPLICABLE PLANNING DOCUMENTS
A. Town of Vail Zoning Regulations
For the Planning and Environmental Commission's reference, Section 12-16-1, Vail
Town Code, identifies the purpose for a conditional use permit as follows:
"ln order to provide the flexibility necessary to achieve the objectives of this title,
specified uses are permitted in ceftain districts subject to the granting of a
conditional use permit. Because of their unusual or special characteristics,
conditional uses require review so that they may be located properly with respect
to the purposes of this title and with respect to their effects on surrounding
properties. The review process prescribed in this chapter is intended to assure
compatibility and harmonious development between conditional uses and
surrounding properties in the Town at large. Uses listed as conditional uses in
the various districts may be permitted subject to such conditions and limitations
as the Town may prescribe to insure that the location and operation of the
conditional uses will be in accordance with the development objectives of the
Town and will not be detrimental to other uses or properties. Where conditions
cannot be devised, to achieve these objectives, applications for conditional use
permits shall be denied."
The sile proposed for a new water tank is located within the Primary/Secondary zone
district, which purpose is lisled in Section 12-6D-1 :
"The twoJamily primary/secondary residential district is intended to provide sites
for single-family residential uses or tvvo-family residential uses ln which one unit
is a larger primary residence and the second unit is a smaller caretaker
apartment, together with such public facilities as may appropriately be
located in the same district. The two-family primary/secondary residential
district is intended to ensure adequate light, air, privacy and open space for each
dwelling, commensurate with singleJamily and tvvolamily occupancy, and to
maintain the desirable residential qualities of such sites by establishing
appropriate site development standards."
Furthermore, lhe following Conditional Uses are allowed within the Primary/Secondary
zone district. as listed in Section 12-6D-3:
Bed and breakfast as f urther regulated by section 12-l 4-18 of this title.
Funiculars, and other similar conveyances.
Home child daycare facility as further regulated by section 1 2-14-1 2 of this title.
Public buildings, grounds and facilities.
Public or private schools.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Type ll employee housing unit as set forth in chapter 13 of this title.
VI. ZONING ANALYSIS
Legal Description: 2734 Snowberry Drivel Lol 14, Block 9, Vail Intermountain
Subdivision Zoning: Two Family Primary/Secondary Residential
Land Use Plan Designation: Residential
Current Land Use: Public utility and public service use
Developmenl Standard Allowed/Reouired Existinq Prooosed
Lol Area: 576,734 sq. ft.
(13.24 acres) no change no change
Setbacks:Front: 20 ft. -190 ft. -200 ft.Sides: 15 ft. <5 ft. "45 ft.Rear: 15 ft. -130 feet -85 ft.Height: 33' 15 feet N/A GRFA: N/A N/A N/A
Site Coverage: 15% (86,510 sq. ft.) 0.3% (-1,962 sq. ft.) 1.1"/o (6,644 sq. ft.)Density: 2 dwelling unit 0 dwelling units 0 dwelling units
Landscape Area: 60% (346,040 sq. ft.) 99.7% (574,772 sq ft) 98.9% (570,090 sq ft)Parking: Ospaces Ospaces 0spaces
VII. SURROUNDING LAND USES AND ZONING
Land Use Zoninq North: Residential Two Family Primary/Secondar . South: Open Space United States Forest Service East: Open Space United States Forest Service West: Residential Two Family Primary/Secondary
VIII. CRITERIA AND FINDINGS
The review criteria for a request of this nature are established by lhe Town Code. The
proposed water tank is located within the Two Family Primary/Secondary Zone District.
Therefore, this proposal is subject to lhe issuance of a conditional use permit in
accordance with the provisions of Chapter 1 2-16, Vail Town Code.
A. Consideration of Factors Reoardino Conditional Use Permits:
1. Relationship and impact of the use on the development objectives of
the Town.
Staff believes the proposed water tank is consistent wilh the purpose of the
Two Family Primary/Secondary zone district, which purpose includes "such
public facilities as may appropriately be located in the same district'. The
tank provides additional water storage for the District 1o provide to the Town
of Vail and will result in minimal impact to the residential uses to the north
and west
lx.
2. The etfect ol the use on light and air, distribution of population,
transportation facilities, utilities, schools, parks and recreation
facilities, and other public facilities needs.
Staff believes the proposed structure will have negligible effects on the
above-mentioned criteria. Because of the below grade nature of the structure
and the manner in which it is to be operated, staff believes that there is no
effect on lhe use of light and air.
3- Effect upon tratlic with particular reference to congestion, automotive
and pedestrian safety and convenience, tralfic flow and control, access,
maneuverability, and removal of snow from the street and parking
areas.
Slaff believes that the proposed struclure will have negligible effects on lhe
above-mentioned criteria.
4. Effect upon the character ol the area in which the proposed use is to be
located, including the scale and bulk of the proposed use in relation to
surrounding uses.
The scale and bulk of the proposed water tank will not resull in a negative
effect upon the character of lhe area due to its location below grade and its
positioning on a hill far lo the southeast of Snowberry Drive. Though no trees
are proposed for removal, Slaff believes the addition of landscaping will help
to mitigate any potential negative visual impacts resulting from the access
road to the tank. The positioning of the tank on this secluded site will "assure
compatibility and harmonious development between (it) and surrounding
properlies in the Town at large".
B. The Planninq and Environmental Commission shall make the followinq findinos
before qranlino a conditional use permit:
1. That the proposed location of lhe use is in accordance with the purposes
of the conditional use permit section of the zoning code and the purposes
of the Lionshead Mixed Use-1 Zone District.
2. That the proposed location of the use and the conditions under which it
will be operated or maintained will not be detrimental to lhe public health,
safety, or welfare or malerially injurious to propedies or improvements in
the vicinity.
3. That the proposed use will comply with each of the applicable provisions
of the conditional use permit section of the zoning code.
STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission approves, with conditions the applicant's request for a
conditional use permit, pursuant to Section 12-6D-3, Condilional Uses, Vail Town Code,
to allow for a public utility and public service use, located al 2734 Snowberry Drive/Lot
14, Block 9, Vail Intermountain Subdivision. Slaff's recommendation of approval is
based upon the review of the criteria described in Section Vll of this memo and the
evidence and lestimony presented.
Should the Planning and Environmental Commission choose to approve the applicant's
request, slaff recommends that the following findings be made as parl of a motion:
1. That the proposed location of the use is in accordance with the purposes of the
conditional use permit section of the zoning code and the purposes of the district
in which the site is located.
2. That the proposed location of the use and the condilions under which it would be
operated or maintained would not be detrimental to the public health, safety, or
welfare or materially injurious to properlies or improvements in the vicinity.
3. That lhe proposed use would comply with each of the applicable provisions of lhe
conditional use permit section of the zoning code.
Should the Planning and Environmenlal Commission choose to approve this request,
staff recommends the following conditions of approval:
1.Prior to receipt of a grading permit from the Town of Vail Public Works
Departmenl, a letter from the property owner of Lot 15, Block 9, Vail
Intermountain Subdivision, shall be submilted to and accepted by the Town of
Vail Community Development Department that grants the applicanl permission lo
re-grade and re-seed lhe areas of Lot 15 that will be dislurbed as a result of the
removal of the existing water tank.
the
This approval shall be contingenl upon the
approval of the design review application
associated with this variance request.
receiving Town of Vail
required landscape plan
X.ATTACHMENTS
Vicinity Map
Pictures of the Site
Site plan and tank structure
Summary from applicant
Public Notice and Adjacent Listing
A.
B.
D.
E.
ie
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It
i9
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Attachment A
a
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3
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Vierv of Site from S. Frontage Road
fR\ilsD - New Water Tank
l\.y'a urrello ?lann r,q Grot p . LtC
Attachment B
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Attachment C
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EAGLE RIVER WATER & SANITATION OISTRICT
VAIL. CO
1.5 MGTANK INI]]AL GRADING PL^N
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.t{no | 0.1 El,ss INTERMOUNTAIN \i/ATER TANK
EACLE RIVER IVATER & SANITAION DISTRIC:T
VAIL, CO
I.5 MG TANX CRADING PLAN
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INTERMOT'T{TAIN WATER TANK
EAGLE RIVER WATER & SANITATION DISTRICT
vAtL, co
1.5 MC TANK CROSS SECT|ONS ^{Et ENGINEERII{C INC
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INTERMOUNTAIN I^/ATER TANK
EACLE RIVER WATER & SANITATION OISTRICiT
VAIL. CO
1.5 MC TANK SEDIMENT CONTF'OL OETAILS ^dHl ENGINEERNG INC
O Attachment D
lll. ) Condftional Uge Revrew Crftena
The lollowtnq s a ltsL ol lhe criena Lhat the Tlannnq and Zontnq Commtggton $
requred Lo consrder n lhe reuew of a Condftonal Use ?ermft'
| . Relatronshrp and mpact ol the vse on the develo7ment obJecttves
oI Lhefown.
Our Anal-vsrs:
The proposed water tank wll tncrease water capactty and prowde better
ftre flow protectpn from Varl core to the WeEt Varl area. The proposed
tank wtll allow 1RWSD to serve tts customers and the Town n an efficrent
and safe manner. The proposed water tank facthty e rn conformance wrth
the Town's development obJectMes.
2. fhe ellect ol Lhe vse on \qht and atr, dslrtbvbon ol Topulabon'
transportatron lacifties, utrlrtres, schoob, Tarks and recreatton
taciftres, and of.her ?vblc tacrlftres need>.
Our Anal.vsp:
The proposed use e located below grade and replaces an exEhng above
grade water tank. The facilrty wll therefore have lrttle, tf any, mpact on
the above mentroned tssueg.
3. Ellect upon traffrc wrth Tarttcvlar relerence to con4estron,
avtomolve and Tedestrtan saleLy and conventence, trallcllow and
conlrol, access, r anewerabity, and removal of snow from the
street and parkrnq areas.
Our Analvsrs:
i fhe proFosed use p /ocated below grade and replaces an exsttng above
I grade water tank. The factltty wll therefore have lrttle, rf any, mpact on
cne above mentpned tssues. Traffic to and from the srte E very lmrted. /
I ferodrc tnspectrons wll occur throughout the year. Wrnter access, f
| ,.qrtred, Mll be on foot or by snowmobrle. ,/ ''
ERWSD - New Water Tank
Maurrello Plannnq Group, LLC
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4. Etled vpon lhe charad.er ol the area tn whtch the proposed use s
to be locatd, nclvdnq lhe scale and bulk ol the propoged use n
relatron to surroundtnq uses. )
Our Analysts:
The propased use p located below grade and replaces an exrshng above
6rade water tank. The faahty wrll therefore have httle, f any, rmpact on
the aboue mentpned Esues.
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ERW9D - New Water Tank
Maurreflo Tlannn1 Group, LLC
6
Attachment E
*M
THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the
Town of Vail will hold a public hearing in accordance wilh section 12-3-6, Vail Town
Code, on March 14, 2005, at 2:00 pm in the Town of Vail Municipal Building, in
consideration of:
A request for final review of a final plat for a major subdivision, pursuanl to Chapter 13-3,
Major Subdivisions, Vail Town Code, to allow for the creation of the Vail Mountain Park
Subdivision: a final review of a variance from Section 12-84-5, Lot Area and Site
Dimensions, pursuanl to Chapter 12-17, Yariances, Vail Town Code, to allow for the
creation of a new lot less than 35 acres in size, located at Tract E, Vail Village, Fifth
Filing and a part of Lot C, Block 5-C, Vail Village First Filing, and setting for details in
regard thereto.
Applicant: Vail Resorts, represented by Braun Associates, lnc.Planner: George Ruther
A request for a final review of a conditional use permit, pursuanl to Section 12-7G-3,
Conditional Uses, Vail Town Code, to allow for an accessory use (soil and ground water
remediation system), located at 2313 North Frontage Road/Tract B, Vail das Schone
Filing 1, and setting forth details in regard thereto.
Applicant: West Vail Shell Planner: Bill Gibson
A request for a final review of a conditional use permit, pursuant to Section 12-6D-3,
Conditional Uses, Vail Town Code, lo allow for a public utility and public service use,
located aI2734 Snowberry Drive/Lot 14, Block 9, Vail Intermountain, and selting forth
details in regard thereto.
Applicant: Eagle River Water and Sanitation District, represented by Mauriello
Planning Group, LLC Planner: Elisabeth Eckel
A request for a final review of a text amendmenl, pursuant to Section 12-3-7,
Amendments, Vail Town Code, to allow for an amendmenl to Seclion 12-21-14,
Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, to increase lhe
amount of allowable site coverage on lots with excessive slopes lrom 15% lo 20o/", and
setting forth details in regard thereto.
Applicant: Helmut Reiss, represented by lsom & Associates Planner: Matt Gennett
A request for a recommendation to the Vail Town Council on a proposal to establish
Special Development District No. 39, pursuant to Article 12-9(A), Special Development
Dislrict, Vail Town Code, to allow for the redevelopment of Crossroads, a mixed use
development; a request lor a text amendmenl lo Seclion 12-2-2, Definitions, Vail Town
Code, pursuant to Section 12-3-7, Amendment, to add a definition for bowling alley; a
requesl for a text amendment to Section 12-7E-4, Conditional Uses, Vail Town Code,
pursuant to Section 12-3-7, Amendment, to add bowling alleys as a conditional use; and
requests for conditional use permits to allow for the construction of an outdoor operation
of the accessory uses as set forth in Section 12-7E-S (ice skating rink); a major arcade
to include indoor entertainmenl; a theater, meeting rooms, and convention facilities;
multiple-family dwellings and lodges; and a private club to allow for the eslablishment of
a for sale parking club, pursuant to Section 12-7E-4, Vail Town Code, located at 141 and
143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1 , and setting forth details in
regard thereto.
Applicant: Crossroads East One, LLC, represented by Mauriello Planning Group
Planner: Warren Campbell
The applications and information about the proposals are available for public inspection
during office hours at the Town of Vail Community Development Department, 75 South
Frontage Road. The public is invited to attend project orientation and the sile visits that
precede the public hearing in the Town of Vail Community Development Department.
Please call 97 0 - 47 9-21 38 f or additional inf ormation.
Sign language interpretation is available upon request, with 24-hour notification. Please
call970-479-2356, Telephone for the Hearing lmpaired, for informalion.
Published February 25, 2005, in the Vail Daily.
Mauriello Planning Group
Adjacent Property Owners List
ERWSD Water Tank Project
February 2005
MILLER, VICTOzuA M.
APPLE VALLEY RANCH
25944 FLYNN CREEK RD
CUSTER. SD 57730
DANTAS BUILDERS INC
PO BOX 4015
AVON, CO 81620
KALUSIN, LAWRENCE
P O BOX 1925
VAIL, CO 81658
CHAPIN, DAVID M., JR
PO BOX 1452
VAIL, CO 81658
GRAMALEGUI, GREGORY L.
2614 LARKSPUR LN
VAIL. CO 8I657
HILB, DAVID G. & ANNE YOI.INGQUIST .JT
1592 MATTERHORN CIR
VAIL, CO 81657
NYE, zuCHARD L. & KRISTEN K.W. -JT
25Sl LARKSPURLN
VAIL, CO 81657
HUNT, CYNTHIA L. & SAMUEL WESLEY
PO BOX 363
WESTERN SPRINGS, IL 60558
TODD FACKLER
MEADOW CREEK CONDOMINIUM ASSOCIATION
3gO INTERLOCKEN CRESCENT, #5OO BROOMFIELD, CO 8OO2I
PRESSLEY INC
PO BOX 290
woLCoTT. CO 81655-0290
LINITED STATES FOREST SERVICE
24745U5 HIGHWAY 24
MINTURN, CO 81645
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Owner and Consvltant Drectory
I OwnerlDeveloper:
Eaqle Ktver WaLer and Santahon Detnct
I C/O Ron Sebert
t 646 Forest Road
Vatl^ Colorado ElG57 I
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land Uge Congultant:
I Maurrello Tlannnq GrouV, LLC ft ?o Dox l l27
I Avon, Colorado 8l G?O
I 970.746.0920
mauaello@comcast.net
I En1tneer:
Alpne tnqneernq, lnc.
I ?o Dox97 a Edwards, Colorado 8l C32
970.926.3373 I r Geotechncal Enqrneer:
r Hepworth-Pawlak Geotechnical, Inc.
I 5020 Counfy Road 154 t' Glenwood Springs, Colorado 81601
4 970.945-7988
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l. Descn?ion ofRequesL
The Eaqle Rrver Water and Sanlabon Detnct (ERWSD) 6 ?ro?o5tnq to replace an
extstnq 2OO,OOO qallon metal above qrounl waler tank located n the
lntermounlatn area ol West Val. The new water tank wtll be located enttely below
qrade and wil have a capaaty of | .5 mtllon qallong. The Vroposed tank wrll allow
the ERWSD to more effect:ely and sately manaqe the water sysLem throuqhout
the year. Th9 jank s utleed as a bvller dunnq low llow bmes of the year.
The new tank wrll be consLrvcted ol concreLe and wll be locaLed on a porlon ot
the sfte Lhat y'9p9.not gonlan Wes o_r olhe-r subslEnilal veqglailon. A rytat\tlg
w_a]] wrll be conslrucled on Lhe uphtll stde of Lhe Lank but wrll noL be aVVarent from
the casual obierver. The area where the lank s located wll be prolecled wfth a
9l lla"f. nylon coated charn-lrnk fench. A Emall montonnq antenna of
apVronmaLely 3' n heqht wtl also be located adlacenl lo the tank and ltkely
movnled to lhe fence.
Location Map
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ERWSD - New WaLer Tank
Maurrello ?lannnq Grovp, LLC
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Only a small Vorbon of Lhe | 3-acre sfte e bernq occu?ted by the proVosed
underqrovnd waler tank. The area betnq dtsturbed $ the one ?orlon ol the sfte
thaL doeE not conLan trees. The rematnder of the sfte e heauly treed . Due to
the localon ol the Lank on the VroVerty the area ol gte dtstvrbance e not very
vtsble Lo lhe malorty oI lhe communty or to nerqhbonnq Vroperbes. The aetal
and photos below show the ate and how well screened ft e.
Site Aerial
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View of Site from S. Frontage Road
ERW9D - New Water Tank
Maurrelf o Plann nq Group, ttC
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I The sie s localed al the end of Snowberry Drve on lot | 4, block 9, Vatl r hlermountatn Development Subdlrston. fhe Efte contatns | 3.24 acres ol land
a and e zoned T,vtq-f amty Keadenilal ?rrmary Secondary. All zone drgLrrcls n Lhe
I f own allow Vvblrc vtilly u5e5 subJect to a condfttonal vse 7ermft. Thrs Vrovsron
allows uthty Vrovtders Lhe abtfty lo operaLe ellrctenlly and grovrde the servtceE
t necei5ary to luncbon as a communty.
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Site and Grading Plan
ERWSD - New Water Tank
Maurrello Tlannnq Group, LLC
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lll. Condftronal Use Rewew Crftena
The follownq s a ltst of Lhe cnlena lhat the Planntnq and Zonnq Commeson E
reaured lo consrder n Lhe reuew of a Condtltonal Use ?ermft.
| . Relatronshrp and tmTact of lhe uEe on the development oblect:es
ol theTown.
Our Ana/vsts:
The proposed water tank wll rncrease water capacrty and Vrowde better
fire flow Vrotectpn from Vail core to the West Varl area. The proVosed
tank wrll al/ow ERtlGD to serve ts customers and the Town tn an effictent
and safe manner. The proVosed water tank facthty o rn conformance wth
the Town's development oblecttves.
2. fhe ellect ol lhe vse on |1ht and ar, dstnbvhon ol populal;on,
transportahon lachhes, utrlrtres, schools, parks and recreahon
facrlftres, and olher pvblc laalftrce needs.
Our Ana/ysrs:
The proposed use rs /ocated below grade and replaces an extstrng above
grade water tank. The facrhty wrll thereltore have lrttle, tf any, mpact on
the above mentpned Esues.
3. Ellect vpon traffrc wrth pattrcvlar relerence to conqestton,
automoble and pedestnan salety and convenrence, tralllallow and
conlrol, access, rnaneuverabifty, and removal ol gnow trom the
streel and ?arktnq arcas.
Our Analvsrs:
The proposed use p located below grade and replaces an enstn7 above
grade water tank. The facrhty wrll therefore have ltttle, tf any, tmpact on
the above mentpned tssues. Traffrc to and from the ste ts very hmtted. /
Fenodrc tnsVectons wll occur throughout the year. Wtnter access, f
reaured. wr// be on foot or bv snowmob e. ,
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ERWSD - New Water Tank
Maurrello Plannnq GrouV, LLC
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4. Ellect upon the characler of the area n whrch the Troposed vse s
to be located, nclvd'nq lhe scale and bulk ol lhe proposed vse n
relahon to Evrroundtna v5e5.
Our Analusrs:
The proposed use rs located below grade and replaces an exshng above
grade water tank. The faahty wl/ therefore have /ttt/e, rf any, mpact on
the above mentoned Esues.
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Maurrello Planntng Group, LLC
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Appendx
Soils Report
ERWSD - New Water Tank
Maurrelf o Plannn4 Group, ILC
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Hcpworth-Pawbk Ceotechnical. Inc,
5020 CountJ' Road | 54
Gltnwrod Springs. Colorado 8l6lll
Phonr: 9?0-945-79E8
F'ar: 970.94-s.ll45.l
hpg(.rr(Qhpgs)lcch-onr
SUBSOIL STIJDY
FOR FOUNDATION DESIGN
PROPOSED WATER STORAGE TANK
LOT t4, BLOCK 9, VA|L INTERMOUNTAIN
VAIL. COLORADO
JOB NO. l0r 3r1
MAY 30.2m1
PREPARED FOR:
EAGLE RIVER WATER & SANTTATION DISTRICT
ATTN: LINN SCHORR
846 FORF^ST ROAD
VAIL. COLORADO 81657
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5%"4 F,aL
Steven L. Pawlak, P.E.
Rev. by: DEH
SLP/djg/lsw
HEPWORTH - PA}VLAK GEOTECHMCAL, INC.
May 30, 2001
Eagle River Water & Sanitation District
Attn: Linn Schorr
846 Forest Road
Vail, Colorado 81657 Job No. 101 3ll
Subject: Report Transminal, Subsoil Study for Foundation Design, Proposed
Water Storage Tank, Lot 14, Block 9, Vail Intermountain, Vail,
Colorado
Dear Ms. Schorr:
As rcquested, we have conducted a subsoil study for rhe proposed water tank at the
subjcct site. The tank will be buried and located to the east of the existing tank.
Subsurface conditions encountered in the exploratory borings drilled in the proposed
tank area consist of lYz to 2 feet oftopsoil above mediurn dense clayey sand and gravel
with cobbles. Groundwater was encountered in rhe borings at a depth of about 2 to 4
feet.
The proposed water tank can be founded on spread footings placed on the narural sand
and gravel subsoil and designed for an allowable bearing pressure of3,000 psf
excluding the weight of water. Pre-excavation dewarering and, possibly, shoring could
be needed to maintain cut slope stability.
The report which follows describes our exploration, summarizes our findings, and
presents our recourmendations. It is important lhat we provide consulration during
design, and field services during construction to review and monitor the irnplementation
of the geotechnical recommendations.
Ifyou have any questions regarding this report, please contact us.
Sincerely,
HEPWORTH - PAWLAK GEOTEC}INICAL. INC.
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TABLE OF'CONTENTS
PURPOSE AND SCOPE OF STUDY
PROPOSED CONSTRUCTION .
SITE CONDITIONS
FIELD EXPLORATION
SUBSURFACE CONDITIONS
FOUNDATION BEARINC CONDITIONS . . .
DESIGN RECOMMENDATIONS
FOUNDATIONS .. .
WATERTANK WALLS
TANKBOTTOMSLAB.
UNDERDRAIN SYSTEM
SITE GRADING . .
SURFACE DRAINAGE
LIMITATIONS....
FIGURE I - LOCATION OF EXPLORATORY BORINGS
FIGURE 2 - LOGS OF EXPLORATORY BORINGS
FIGURE 3 - LEGEND AND NOTES
FIGURE 4 - SWELL-CONSOLIDATION TEST RESULTS
TABLE I - SUMMARY OF LABORATORY TEST RESULTS
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PURPOSE AND SCOPE OF STTJDY
This report presenrs the results of a subsoil srudy for a proposed water storage
tank to be located ar t-ot 14, Block 9, vail Intermountain, vail, colorado. The project
site is shown on Fig. l. The purpose of the study was to develop recommendations for
the foundation design. Thc study was conducted in accordance with our agreement for
geotechnical engineering services to Eagle River Water and Sanitation District dated
April 18,2001-
A field exploration program consi.sting of exploratory borings was conducted to
obtain information on subsurface conditions. Samples of the subsoils obtained during
the field exploration were tesled in the laboratory to determine their classification,
compressibility or swell and other engineering characteristics. The results of the field
exploration and laboratory testing were analyzed to develop recomrnendations for
foundation types, depths and allowable pressures for the proposed tank foundation.
This report summarizes the data obtained during this srudy and presents our
conclusions, design recommendations and other geotechnical engineering considerations
based on the proposed consrudion ald the subsoil conditions encountered.
PROPOSED CONSTRUCTION
Tbe proposed tank will be cast-in-place concrete and completely buried with a
design bottom slab elevation of 8,148 feet. The tank will have a capacity of one n:illion
gallons with a height of aboul 26 feet and a diameter of about 92 feet. Grading for the
structure will involve cut depths up to about 34 feet, Fill up to about 25 feet deep will
be needed to cover the front of the tank, The top of the tank will be covered with soil
about I to 2 feet deep. Final graded slopes of2 horizontal to I vertical are proposed
uphill and downbill of the mnk. We assume relatively heavy foundarion loadings from
the concrele strucrure and the earth Ioading on the tank.
If the tank locarion, grading or loading informarion change significantly from
that described, we should be notified to re+valuate the recommendations contained in
this report.
H-P GEoTECH
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SITE CONDITIONS
The tank site is located just uphill of the access road into the existing tank as
shown on Fig. l. The terrain is rnoclerately steep sloping dowl to the northwest at
grades between about 2O to 25Vo. An existing cut about 10 feet high for the access road
is located in the downhill pan of rhe tank site. Vegetation on the hillside consists of a
pine forest with grass, weeds and scanered brush understory. About 18 inches of snow
covered thc site from a recent heavy snow storm at tbe time of our field work" There
was considerable runoff from springtime thaw conditions.
FIELD EXPLORATTON
The field exploration for the project was conducted on April 20 and 23,2W1.
Two exploratory borings were drilled at the locations shown on Fig- I to evaluate tbe
subsurface conditions. The borings were advanced with 4 inch diameter continuous
flight augers powered by a track-mounted CME45 drill rig. The borings were logged
by a representative of Hepworth-Pawlak Georechnical, Inc.
Samples of the subsoils were taken with l7a inch and 2 inch LD. spoon
samplers. The sarnplers were driven into the subsoils ar various depths wirh blows
from a 140 pound hammer falling 30 inches. This test is similar to the standard
penetration test described by ASTM Method D-1586. The penetration resistanc€ values
are an indication of rhe relative density or consistency of the subsoils. Depths at which
the samples were taken and the penetration resistance values are shown on tbe Logs of
Exploratory Borings, Fig. 2. The samples were returned Io our laboratory for review
by the project engineer and testing.
S I.IBSURFACE CONDITIONS
Graphic logs ofthe subsurface conditions encountered at the site are shown on
Fig. 2- Below about Lth to 2 feet of topsoil, the subsoils consist of medium dense
clayey sand and gravel with cobbles to the drilled depths of 30 to 50 feet. Grounlwater
H-P GEoTECH
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1| was encountered at a depth of about 4 to 5 feet at the time of drilling and at about 2 feet
t when checked t7 days later.
I Laboratory testing perforrned on samples obtained fiom the borings included
t natural moisture content and density, finer than sand size gradation analyses and liquid
I and plastic limits. Swell-consolidation rcsting was performed on relatively undisturbed
ll drive samples of the more fine-grained subsoils. The swell-con.solidation test resulrs,
I presented on Fig. 4, indicate low to moderate compressibitity under conditions of
T loading and wetting. The sample from Boring I at 9 feet showed higher cornpressibility
I and was probably disturbed during driving of the sampler. The laboratory testing is
I summarized in Table I_
FOTJNDATION BEARING CONDITIONS
The subsoils encountered at the tank site are mainly medium dense clayey sand
and gravel and suitable for suplxrn of a shallow footing or mar foundation. The
groundwater level is relatively shallow and permanently lowering the water level to
below the tank bottom will be required. he-excavation dewatering and, possibly,
shoring could also be needed ro maintain cut slope stability during construction.
DESIGN R.ECOMMENDATIONS
FOUNDATIONS
Considering the subsoil conditions encountered in the exploratory borings and
the nature of the proposed constnrction, we recommend the tauk be founded with spread
footings or structurdl slab (ma$ foundation placed on the natural granular soils.
The design and construction criteria presented below should be observed for a
spread footing or structural slab foundation system.
l) Foundations placed on the undisturbed natural soils can be designed for
an allowable soil bearing pressure of 3,000 psf. The weight of warer can
be neglected wben sizing tbe foundation. Based on experience, we
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expect setllement of foundations designed and constructed as discussed in
this section will be up to about I inch.
The foundations should have a minimum width of 24 inches.
The foundations should be provided with adequare soil cover above rheir
bearing elevation for frost protection. Placement of foundations at least
42 inches below exterior grade is rypically used in this area-
The tank walls should be designed to resist lateral earth pressures as
discussed in rhe'Water Tank Walls" section of this report.
Topsoil and any loose or disrurbed soils should be removed and the
foundation bearing level extended down to relatively dense natural
granular soils. Subexcavated areas should be backfilled with granular
soils compacted to at least l0O% of standard proctor density or widr
concrete. The groundwater level should be lowered to at least 2 feet
below design tank subgrade level. If water se€page is encountered in
individual foundation excavations, additional dewatering should be
provided before concrete placement,
A represenrarive of the geotechuical engineer should observe the
foundation excavations prior to concrete placement to evaluate bearing
conditions.
WATER TANK WALLS
Tbe tank walls .should be designed for a lateral earth pressure cornputed on the
basis ofan equivalent fluid unit weigbt ofat least 60 pcffor backfill consisting ofthe
on-site granular soils. The unk walls should be designed for appropriate hydrosatic
and surcharge pressures such as traffrc, construction matedals and equiprnent, and soil
cover. The Pressure recommended above assumes drained conditions behind the walls
and a horizontal backfill surface. The buildup of water behind tbe tank wall or an
upward $oping backfiIl surface will increase the lateral pressure imposed on the taok
wall- A laieral earth pressure of 75 pcf equivalent fluid unit weight is recomrrended for
a 2 horizontal to I vertical slope above the tank.
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Backfill should be placed in uniform tiffs and compactd to at leasr g5% of the
maximum standard Pr<xtor density at a rnoisture conlent near optimum. Care should be
taken not to overcompact the backfill or use large equipmeut near the wall since this
could cause excessive lateral pressure on the wall. Some settlement of deep foundation
wall backfill should be expected even if the material is placed correctly and could result
in distress to facilities consrrucled on the backfill.
The lateral resistance of the foundation will be a combination of the slicling
resistance of the foundation on the bezuing materials and passive earth pressure against
tbe side of the foundation. Resistance to sliding at the bottom of ttle foundations can be
calculared based on a coefficient of friction of 0.45. passive pressure of compacred
backfill against the sides ofthe foundations can be calculated using an equivalent fluid
unit weight of 375 pcf for a dry backfill condition aod 250 pcf for buoyant conditions.
The coefficient of friction and passive pressure values recommended above assume
ultirnate soil strength. Suitable factors of safety should be included in rhe design to
limit the strain which will occur at the ulrimate srrength, particularly in the case of
passive resistance. Fill placed against the sides ofthe foundations to resist lateral loads
should be a granular material compacted ro at least 95% of the maximum stanclard
Proctor density at a moisrure conrent near optimum.
TANK BOTTOM SLAB
The natural on-site soils are suitable to support the tank floor under moderate
loading from the weight of water. A minimum 6 inch layer of free draining gravel
should be placed beneath the tank bottom slab to facilirate drainage- This material
.should consist of minus 2 inch aggregate with at least 50% retained on the No. 4 sieve
and less than2% passing the No. 200 sieve. Free draining gravel placed under the tank
bottom should be connected to the perirneter underdrain system.
All fill materials for support of the bottom slab should be compacted ro ar least
100% of maximum standard Proctor density at a moisture content near optimum. Prior
to placing the drain gravel material, the subgrade should be moisture rreatd and
compacted to at least 95% of standard Proctor density at a moisture conteru near
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optimum. Required fill should consist of imported aggregate base course or approved
on-site sand and gravel soils.
UNDERDRAIN SYSTEM
Groundwater was cncountered a shallow depth and extensive subsurface
drainage will be required to lower rhe groundwater level and protected the tank from
hydrostatic pressure buildup. It has also treen our experience in mountainous areas that
local perched groundwater can develop during times of heavy precipitation or seasonal
runoffand frozen ground during spring runoffcan create a perched condition.
The drains should consist of drainpipe placed in the botrom of the wall backfill
surrounded above the jnvert level with free-draining granular material. Tbe drain
should be placed at least 2 feet below slab zubgrade level and sloped at a minimum I %
to a suitable gravity outtet. Free-draining granular material used in the underdrain
systen should contain less than 27o passing the No. 200 sieve, less than 50% passing
the No. 4 sieve arid have a maximum size of 2 inches. The drain gravel backfill should
be at least 3 feet deep and extend up to above any seepage encountered in the excavation
cut face. A filter fabric should be placed between the drain gravel and native soils to
prevent washing fines into the drain gravel.
SITE GRADING
Excavation for the tank will be relatively extensive and to below rhe
groundwater level, and could induce slope instability. Cur depth for the tank is
expected to be up to about 34 feet. we expect that pre-excavation dewatering, such as
with uench drains, and remporar! shoring will be needed to maintain the cut slope
stability. The dewateriug and shoring should be designed and installed by qualified
contractors. Fills placed around the tank walls and on top of the tank should be
compactd to at least 95% of the maximum srandard Proctor density near optimum
moisture content. Prior to any new embankment fill placement, the subgrade should be
carefully prepared by rernoving all vegetation and topsoil and compacting ro 95%
standard Proctor densiry. The fill along the downhill side of the tank should be benche<l
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into the portions of the hillside exceeding 20% grade. A unit weight of 130 pcf can be
used to calculate loading on the rank due to rhe soil cover_
Pernranent unretained cut and fill slopes should be graded at 2 horizontal to
1 vertical or flatter and protected against erosion by revegetation or other means. The
risk of slope instability will be increased if seepage is encountered in cuts above the
tank and flatter slopes or additional subsurface drainage may be necessary. If seepage
is encountered in permanent cuts, an investigation should be conducted to determine if
the seepage will adversely affect the cut stabiliry. This office should review excavation
grading, subsurface drainage and site grading plans for the project prior to construction
and observe all cuts for stabilitv considerations.
SUMACE DRAINAGE
The following drainage precautions should be observerJ during construction and
maintained at all times after the water nnk has been completed:
1) Inundation of the tank excavation should be avoided during construction.
2) Nonstruclurai backfill should be adjusted to near optirnum moisture and
compacted to at least 95% of the maximum standard proctor density.
3) The ground surface around and on top ofthe tank should be sloped to
prevenr ponding. Freedraining wall baclfill should be cappd with ar
least 2 feet ofthe on-site finer graded soils to reduce surface water
infilration.
LIMITATIONS
This report has been prcpared in accordance with generally acceptd
geotechnical engineering principles and practices in rhis area at rhis rime. We make no
warranty either express or implied. The conclusions and recommendations submined in
this report are based upon the data obtained from the explorarory borings drilled at the
locations indicated on Fig. 1, the proposed rype of construction and our experience in
the area. our findings include interpolation and extrapolation ofthe subsurface
conditions identified at tbe explorarory borings and variations fur the zubsurface
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conditions may not become evident until excavation i.s performed. If conditions
encountered during construction appear different from those describ,ed in this report, we
should be notified so that re-evaluarion of the recontmendations may be rnade.
This report has been prepared fbr rhe exclusive use by our client for design
purposes. We are not responsible for technical interpretations by others of our
iuformation. As the projecl evolves, we should provide continued consultation and field
services during construction to review and monitor the implemenution of our
recommendations, and to verify rhat the recommendations have been appropriately
interPreted. Significaru design changes may require additional analysis or modifications
to the recommendations presented herein. we recommend on-site observation of
excayations and f<lundation bearing strata and testing of structural fill by a
representative of the georechnical engineer.
CAL,INC.
Sleven L- Pawlak,
Rcviewed by:
Daniel E. Hardin- P.E.
SLP/djg/ksw
ccr Peak Civil Engineering - Atul: Jim Ellerbroek
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APPROXIMAIE SCALE
1'= 60'
LOT 15
\r l.
LOT 14
EXISTING STEE.
WATER TAI.IK
EXSNNG
ACCESS
ROAD
\,\
\
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\ BORINC 2 - 8170
8180
\
"1:E190
- B2oo
t'- "-
\ PROPOSED
WAIER TAI.I(
__
LOCATIOI.I OF EXPLORATORY BORINGS HEPWORTH-PAWLAK
GEOTECHNICAL. INC.
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BORING 1
ELEV.= 8154'
BORING 2
ELEV-= 8171'
8'175
o -:- -
1, /12
UC-12.5
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PROFOSED TINX FOITfl
E[.EVA]xx{ = E1,.6'
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8115
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Erglonotion of slmbols is shown ori n9.
101 311 HEPWORTH-PAWLAK
GEOTECHNICAL. INC.LOGS OF EXPLORATORY BORINGS Fig. 2
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LEGENO:
trq
hl TOPSO|L; orgonic sondy cloy ond silt, soft. wet, dork brown.
l'\,,1
tft.t
ItE SAIID AND GRA\EL (SC-GC); clopy to very cloyey, cobbles, medurn dense, very molst to ret,
Htl mixed brown-TS
Relotiwly undisturbed driw somple; 2-inch l.D- Colifornio liner scnple.
Drirrc somple; stondord penelrotion test (SPT). I 3,/8 inci l.D. split spoon somple, ASTII D-1586.
Drlrre somole blor cognt; hdicotes thot 39 b{ows of o 140 pound hcnmer fdlktg 3O incfies wers
resrired to drire the Colifotrrio or SPT sartPler 12 inches-
Free woter lev€l in boring ond number of do)rs lollowing dralling meosurement vos tokcn-
ffi
Indicotes slotted PvC pipe instolled h boring to depth slrown-
+ Oepth ot which boring coved-
NOTES
l. Expforotory borings pere drilled on Aprd 20 ond 23. 2OO1 rith o zt-inch diom eter continuous fllght
POIsr Ouger.
2. Locotims of explorstory borhgs trere meosrred opproximotcly by pocing from feotures shorn m thc sitc
. plon provided.
J.E|evotionso|exp|orotoryboringswereobtoinedbylnterpo|otkrnbetweencontoursonthcslteplon
4. The explorotory borhg locqtions ond elerrotions should bc considered occurote only to the degree inplicd
by thc method used.
S, lhc lhes betuee6 moterldg shovn on the explorotory borlng logs represent the opproximqte boundorisr
between moteriol types crd tronsitiqls moy bc Anoduol.
6. lyotcr lerel reodng3 shorn on the logs were modc of the time ond under the conditions hdlcoted'
Fluctuotlon In woter lerd moy occur with tima
7, Loborotory Tcsthg Results
IYC=WaterContent(Z)
DD - tlry Density ( pct )
-20O - Petcent possing No. 20O sieve. -
UC = Unconfinod'Compressive Strength ( psf )
LL-LiguidL'mit(X)
Pl - Plosticity lndar ( Z )
LEGEND AND NOTES HEPWORTH-PAWLAK
GEOTECHNICAL. INC.lol 311
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Moisture Content - l4.E perc€nt
DrY DensitY =. 119 Pcf
Sornple ot CfoFy Sond with Grovel
From: Boring 1 ot 9 Feot
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No movernent
upon
ueitlng
al 10
APPUED PRESSURE - ksf
100
1.O to
APPUED PRESSURE - kst
10(}
Moistr.rre Content - 14.3 Percent
Dry Dcnsity - 12O Pcf
Sornple ot Clopy Sond with &ovd
From: 6o..;nn 2 ot .19 Fcet
-I No moremenl
upon
wetting
o.1
SWELL CONSOLIDATION TEST RESULTS HEPWORTH*PAWLAK
GEOTECHNICAL, INC.
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TO:
FROM;
DATE:
SUBJECT;
MEMORANDUM
Planning and Environmental Commission
Department ol Community Development
March 14,2005
A request for a final review of a conditional use permit, pursuant to
Seclion 12-6D-3, Condilional Uses, Vail Town Code, to allow lor a public
utility and public service use, located at 2734 Snowberry Drive/Lotl 4,
Block 9, Vail Intermountain, and setting forth details in regard thereto
(PEC05-0012).
Applicant: Eagle River Waler and Sanitation District, represented by
Mauriello Planning Group, LLC
Planner; Elisabeth Eckel
ll.
SUMMARY
The applicant, Eagle River Water and Sanitation District, represented by Mauriello
Planning Group, LLC, is requesting a conditional use permit as outlined in Section 12-
6D-3, Conditional Uses, Vail Town Code, 1o allow for the continuation of a public ulility
and public service use, located al 2734 Snowberry Drive/Lot 14, Block 9, Vail
Intermountain. The conditional use permit is requested to allow the applicant to replace
an existing above ground water tank with a new underground water tank. Based upon
Statf's review of the criteria outlined in Section Vll of this memorandum and the evidence
and testimony presented, the Communily Development Department recommends
approval, with conditions of this request subject to the findings and conditions noted in
Section Vlll of this memorandum
DESCRIPTION OF THE REQUEST
The Eagle River Water and Sanitation District is requesting a conditional use permit to
allow for the replacement of a metal above ground 200;000 gallon water tank with a new
1.5 million gallon below grade waier tank. The Water District currently uses the tank at
the Snowberry site for support during low flow times of the year and for year round fire
flow protection from the center of Town to the West Vail area. The existing tank is
partially located on Lot 15, the neighboring lot to the west and overlaps that lot line by
approximately five feet. The existing tank and supporting retaining wall will be removed
and the affecled areas will be re-graded and reseeded to their natural state. The
attached vicinity map and pictures are helpful in clarifying the secluded nature ol the site
(Attachments A and B).
The new tank is proposed for an area of the site where no trees exist. ll will be covered
by one to two teet of soil and its perimeter will be designaled and protected by a six foot
(6') tall black nylon coated chain-link fence, primarily to protect the tank from damage
that may occur due to vehicular traffic. The new tank will have a height of approximately
twenty-six feet (26') and a diameter of ninety-tgo feet (92'). lt will be constructed of
concrete and will be supported on both sides by permanenl and entirely below grade
concrete shoring walls. The wall on the north will be approximately seven feet (7') high
and the wall to the south will retain the hillside and is proposed to be approximately thirty
feet (30') high. The heighl of the south wall is necessary in order to protect the buildup
ill.
of water behind the tank (on the south side), which would resull in undue pressure on
the tank structure. A three {oot (3') tall monitoring antenna will be located adjacent to lhe
tank, most likely altached to the nylon fence.
The access road that exists on the site will be used during construction. During times of
non-construction, lhe tank will also be accessed regularly; by vehicle during the summer
and on foot or via snowmobile during the winter. The lot is moderately steep with -25%
grades sloping to the northwest, where the existing access road enters the sile. The
area of the lot proposed to be disturbed totals -40,000 square feet, or jusl less than one
acre. To protect from excessive erosion, a series of three silt fences, each twenty feet in
length, will be installed to the north of the tank. The applicant is proposing to reseed all
disturbed areas with a dryland seed mix. Because the applicant has expressed some
concerns about planting trees on the site which roots might interfere with the tank
structure, Staff is recommending that 75-100 coniferous saplings be planted al
appropriate locations on the site, as signified by the applicant in a required landscape
plan. The applicant's proposal has yet to be reviewed by the Design Review Board at its
March 16,2005 public hearing.
BACKGROUND
The 13.24 acre site was purchased by the Eagle River Water and Sanitation District in
2001. Over the years, lhe site has been proposed to house various uses, including
subdivided lots containing cluslered housing developments, an idea which was
discussed in the early 1980's and not supported by Staff due to the difficulty in obtaining
access to the units as a result of the steep slopes on the lol. Most recently, employee
housing was discussed as an option for the site. Again, the costs associated with
accessibility proved to be the biggest deterrent to that plan.
REVIEWING BOARD ROLES
Order ol Review: Generally, condilional use permit applications will be reviewed by the
Planning and Environmental Commission, and then any accompanying design review
application will be reviewed by the Design Review Board.
Planninq and Environmental Commission:
The Planning and Environmental Commission is responsible for final approval, approval
with modi{ications, or denial of a conditional use permit application, in accordance with
Chapter 12-16, Conditional Use Permits, Vail Town Code.
Desion Review Board:
The Design Review Board has no review authority over a conditional use permit
application. However, the Design Review Board is responsible for the final approval,
approval with modificalions, or denial of any accompanying design review application.
Town Council:
The Town Council has lhe authority to hear and decide appeals from any decision,
determination, or interpretation by the Planning and Environmenlal Commission and/or
Design Review Board. The Town Council may also call up a decision of the Planning
and Environmental Corqmission and/or Design Fleview Board.
Staff:
The Town Staff facilitates the application review process. Staff reviews the submitted
applicalion materials for completeness and general compliance with the appropriale
reouirements of the Town Code. Staff also provides the Plannino and Environmental
tv.
Commission a memorandum containing a description and background of the applicalion;
an evaluation of the application in regard to the criteria and findings outlined by the Town
Code, and a recommendation of approval, approval with modifications, or denial.
V. APPLICABLE PLANNING DOCUMENTS
A. Town of Vail Zoning Regulations
For the Planning and Environmental Commission's reference, Section 12-16-1, Vail
Town Code, identifies the purpose for a conditional use permit as follows:
"ln order to provide the flexibility necessary to achieve the objectives of this title,
specified uses are permitted in certain districts subject to the granting of a
conditional use permit. Because of their unusual or special characteristics,
conditional uses require review so that they may be located properly with respect
to the purposes of this title and with respect to their effects on surrounding
properties. The review process prescribed in this chapter is intended to assure
compatibility and harmonious development between conditional uses and
surrounding properties in the Town at large. Uses listed as conditional uses in
the various districts may be permitted subject to such conditions and limitations
as the Town may prescribe to insure that the location and operation of the
conditional uses will be in accordance with the development objectives of the
Town and will not be detrimental to other uses or properties. Where conditions
cannot be devised, to achieve these objectives, applications for conditional use
oermits shall be denidd."
The site proposed for a new waler tank is located within the Primary/Secondary zone
district, which purpose is lisled in Section 12-6D-1 :
"The two-family primary/secondary residential district is intended to provide sites
for single-family residential uses or two-family residential uses ln which one unit
is a larger primary residence and the second unit is a smaller caretaker
aparlment, together with such public facilities as may appropriately be
located in the same district. The two-family primary/secondary residential
district is intended to ensure adequate light, air, privacy and open space for each
dwelling, commensurate with singleJamily and tvvo-family occupancy, and to
maintain the desirable residential qualities of such sites by establishing
appropriate site development standards."
Furthermore, the following Conditional Uses are allowed within the PrimaryiSecondary
zone district, as listed in Section 12-6D-3:
Bed and breakfast as furiher regulated by section 12-14-18 of this title.
Funiculars, and other similar conveyances.
Home child daycare facility as further regulated by section 12-14-12 of this title.
Pubtic buildings, grounds and facilities.
Public or private schools.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Type ll employee housing unit as set forth in chapter 13 of this title.
VI. ZONING ANALYSIS
Legal Description: 2734 Snowberry Drive/ Lot 14, Block g, Vail Intermountain
Subdivision Zoning: Two Family Primary/Secondary Residential
Land Use Plan Designation: Residential
Current Land Use: Public utility and public service use
Development Standard Allowed/Required Existinq Proposed
Lot Area; 576,734 sq. ft.
(13.24 acres) no change no change
Setbacks:Front; 20 it. -190 ft. -200 ft.Sides: 15 ft. <5 ft. -45 ft.Rear: 15 ft. -130 feet -85 ft.Height: 33' 15 feet N/A GRFA: N/A NiA N/A
Site Coverage: '15% (86,510 sq. f1.) 0.3% (-1,962 sq. ft.) 1.1% (6,644 sq. ft.)Density: 2 dwelling unit 0 dwelling units 0 dwelling units
Landscape Area: 60% (346,040 sq. ft.) 99.7% (574,772 sq ft) 98.9% (570,090 sq ft)Parking: Ospaces Ospaces 0spaces
VII. SURROUNDING LAND USES AND ZONING
Land Use Zonino North: Residential Two Family Primary/Secondar . South: Open Space United States Forest Service East: Open Space Uniled States Forest Service West: , Residential Two Family Primary/Secondary
VIII. CRITERIA AND FINDINGS
The review criteria for a request of this nature are established by lhe Town Code. The
proposed waler lank is located within the Two Family Primary/Secondary Zone District.
Therefore, this proposal is subject to the issuance of a conditional use permil in
accordance with the provisions of Chapter 12-'16, Vail Town Code.
A. Consideration of Factors Reqardino Conditional Use Permits:
1. Relationship and impact of the use on the development obiectives of
the Town.
Staff believes the proposed waler lank is consistent with the purpose of the
Two Family Primary/Secondary zone distribt, which purpose includes "such
public facilities as may appropriately be located in the same districf . The
tank provides additional water storage for the District lo provide to the Town
of Vail and will result in minimal imoact to the residential uses 10 the north
and west
2.The effect of the use on light and air, distribution of population,
transportation lacilities, utilities, schools, parks and recrealion
facilities, and other public facilities needs.
Staff believes the proposed struclure will have negligible effects on the
above-mentioned criterla. Because of the below grade nature of the structure
and lhe manner in which it is to be operated, staff believes that there is no
effect on lhe use of light and air.
Effect upon traflic with particular reference to congestion, automotive
and pedestrian safety and convenience, tralfic flow and control, access,
maneuverability, and removal of snow from the street and parking
areas.
Staff believes that the proposed structure will have negligible effects on the
above-mentioned criteria
3.
4. Effect upon the character of
located, including the scale
surrounding uses.
the area in which the proposed use is to be
and bulk of the proposed use in relation to
B.
The scale and bulk of the proposed water tank will nol result in a negative
effect upon the character of the area due to its location below grade and its
positioning on a hill far to the southeasl of Snowberry Drive. Though no trees
are proposed for removal, Staff believes the addition of landscaping will help
lo mitigate any potenlial negative visual impacts resulting from the access
road to the tank. The positioning of the tank on this secluded site will "assure
compatibility and harmonious development between (it) and surrounding
properties in the Town at large".
The Planninq and Environmental Commission shall make the followino findinos
before qranlino a conditional use permit:
1. That the proposed location of the use is in accordance wilh the purposes
of the conditional use permit section of the zoning code and lhe purposes
of the Lionshead Mixed Use-1 Zone District.
2. Thal the prooosed location of the use and the conditions under which it
will be operated or maintained will not be detrlmenlal to the public health,
safety, or welfare or materially injurious to properties or improvements in
the vicinily.
3. That the proposed use will comply with each of the applicable provisions
of the conditional use permit seclion of the zoning code.
STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission approves, with conditions lhe applicanl's request for a
conditional use permit, pursuant to Section 12-6D-3, Conditional Us'es, Vail Town Code,
lo allow for a public utility and public service use, located al 2734 Snowberry DriveiLot
'I 4, Block 9, Vail Inlermounlain Subdivision. Slaff's recommendation of approval is
based upon the review of the criteria described in Section Vll of this memo and the
evidence and lestimony presented.
tx.
Should the Planning and Environmental Commission choose to approve the applicant's
request, staff recommends thal the following findings be made as part of a motion:
1. Thal the proposed locatibn of the use is in accordance with lhe purposes of the
conditional use permit seclion of the zoning code and the purposes of the district
in which the site is located.
2. That the proposed location of the use and the conditions under which it would be
operated or maintained would not be detrimenlal to the public health, safety, or
welfare or materially injurious to properties or improvements in the vicinity.
3. That the proposed use would comply with each of the applicable provisions of the
condilional use permit section of the zoning code.
Should the Planning and Environmenlal Commission choose to approve this request,
staff recommends the following conditions of approval:
1. Prior to receipt of a grading permit from lhe Town of Vail Public Works
Department, a letter from the property owner ol Lot 15, Block 9, Vail
lntermountain Subdivision, shall be submitted to and accepted by the Town of
Vai{ Community Development Department that grants the applicant permission to
re-grade and re-seed the areas of Lot 15 that will be disturbed as a result of the
removal of the existing water tank.
2. Prior to November 1,2005, the applicant shall plant 75-100 saplings at various
locations upon the site to reslore the site.
3. This approval shall be contingent upon the applicant receiving Town of Vail
approval of the design review application and required landscape plan
associated with this variance reouest.
X. ATTACHMENTS
. A. Vicinity Map B. Pictures of the Site
C. Site plan and tank structure D. Summary from applicant E. Public Notice and Adjacent Listing
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O AftachmentD
ill. ) Candftrcnal Use Reuew Crrlena
The lollownq rs a lrst of the crfterra that lhe Tlannnq and Zontnq Commtssron E
requred to consrder rn the revrew oI a Condtttonal Use Termtt.
L Relatronshrp and mpact of the v=e on lhe develoVmenl objeclves
of the Town.
Our Analvsts:
The proposed water tank wll tncrease water caVacrty and pronde better
frre flow protectton from Vat/ core to the West Vatl area. The proTosed
tank wtll allow ERWSD to serve ts cugtomers and the Town rn an effiaent
and safe rnanner. The proposed water tank factlrty E n conformance wth
the Town's development oblectr ves.
2. The ellect ol the vse on\qht and arr, dtEtrtbuEton ol ToTulatron,
transportabon Iaclftres, ultlfttes, 5chooll, parks and recreatton
lactlftres, and olher Vvble laclfttes needs.
Our Ana/vsts,
The proposed use E located below 7rade and replaces an exshng above
grade water tank. The faahty wtll therefore have lttle, rf any, mpact on
the above mentpned Esues.
3. Ellect upon tralltc wrth partrcular relerence to can1esbon,
automotve and pedestnan salety and conveirence, lralle flow and
control, access, maneuverabifty, and removal of snow from the
glreeL and Parkrnq areas.
Our Ana/vsts:
t fhe Fro7osed use p /ocated below grade and replaces an extstrng above
\ Srade water tank- The facilty wll therefore have httle, rf any, mpact on
the above mentpned Esues. Traffrc to and from the srte ts very hmtted. /
t I f"nodrc rnspecttone wtll occur throughout the.year. Wrnter access, tl
l' ,aqured, wtll be on foot or by snowmobr/e' / 1
f RWSD - New Water Tank
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4. .Etfect vpon the character oI the area rn whtch the proposed vse s
to be located, ncludnq the scale and bulk ol the propoged vge n
relabon lo =vrrovndnq v5e3. )
Our Analysrs:
The proposed use p located below grade and replaces an enstng above
grade water tank. The faclty wrll therefore haue lrttle, f any, tmpact on
the above mentpned Esue5.
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THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and EnvironmentalCommission of the
Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town
Code, on March 14, 2005, at 2:00 pm in the Town of Vail Municipal Building, in
consideration of:
A request for final review of a final plat for a major subdivision, pursuant to Chapter '13-3,
Major Subdivisions, Vail Town Code, to allow {or the creation of the Vail Mountain Park
Subdivision; a final review of avariance from Section 12-8A-5, Lot Area and Site
Dimensions, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for the
crealion of a new lot less than 35 acres in size, located at Tract E, Vail Village, Fifth
Filing and a part of Lot C, Block 5-C, Vail Village First Filing, and setting for details in
regard thereto.
Applicant: Vail Resorts, represented by Braun Associates, lnc.Planner: George Ruther
A request Ior a tinal review of a conditional use permit, pursuant 1o Section 12-7G-3,
Conditional Uses, Vail Town Code, to allow for an accessory use (soil and ground waler
remediation system), located at 2313 North Frontage Road/Tract B, Vail das Schone
Filing 1, and setting forth details in regard thereto.
Applicant: West Vail Shell Planner: Bill Gibson
A request for a final review of a conditional use permit, pursuant 1o Section 12-6D-3,
Conditional Uses, Vail Town Code, to allow for a public utilily and public service use,
localed at2734 Snowberry Drive/Lot'14, Block 9, Vail Intermountain, and selting forth
delails in regard thereto.
Applicant: Eagle Fliver Water and Sanitalion District, represented by Mauriello
Planning Group, LLC Planner: Elisabeth Eckel
A request lor a final review of a text amendment, pursuant to Section 12-3-7,
Amendments, Vail Town Code, to allow for an amendmqnt to Section 12-21-14,
Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, to increase the
amounl of allowable site coverage on lols with excessive slopes 'from 15k to 20"/", and
setting forth details in regard thereto.
Applicant: Helmut Reiss, represented by lsom & Associates Planner: Matt Gennetl
A request for a recommendation to the Vail Town Council on a proposal to establish
Special Developmenl Districl No. 39, pursuant to Article 12-9(A), Special Development
District, Vail Town Code, to allow for the redevelopment of Crossroads, a mixed use
development; a request for a text amendment to Section 12-2-2, Dbfinitions, Vail Town
Code, pursuant to Section 12-3-7, Amendment, to add a definition for bowling alley; a
request for a text amendment 1o Section 12-7E-4, Conditional Uses, Vail Town Code,
pursuant to Section 12-3-7, Amendment, to add bowling alleys as a conditional use; and
requesls for conditional use permits to allow for the construction of an outdoor operation
ol the accessory uies as set lorth in Section 12-7E-5 (ice skating rink); a major arcade
to include indoor entertainment; a theater, meeting rooms, and convention facilities;
multiple{amily dwellings and lodges; and a private club to allow for the establishment of
a for sale parking club, pursuant to Section 12-7E-4, Vail Town Code, located at 141 and
143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1 , and setting forth details in
regard thereto.
Applicant: Crossroads East One, LLC, represented by Mauriello Planning Group
Planner: Warren Campbell
The applications and inlormation about the proposals are available for public inspection
during office hours at the Town of Vail Community Development Department, 75 South
Frontage Road. The public is invited to attend project orientation and the sile visits lhat
precede the public hearing in the Town ol Vail Community Development Department.
Please call 97 0-479 -21 38 for additional inf ormation.
Sign language interpretation is available upon request, with 24-hour notification. Please
call 970-479-2356, Telephone for the Hearing lmpaired, lor information.
Published February 25, 2005, in the Vail Daily.
[rl{
Mauaiello Planning Group
Adjacent Property Owners List
ERWSD Water Tank Project
February 2005
MILLER, VICTORIAM.
APPLE VALLEY RANCH
25944 FLYNN CREEK RD
CUSTER, SD 57730
DANTAS BUILDERS INC
PO BOX 4015
AVON, CO 81620
KALUSIN, LAWRENCE
P O BOX 1925
VAIL, CO 81658
CHAPIN, DAVID M., JR
PO BOX 1452
VAIL, CO 81658
GRAMALEGUI, GREGORY L.
2614 LARKSPUR LN
VAIL, CO 81657
HILB, DAVID G. & ANNE YOUNGQUIST -JT
1592 MATTERHORN CIR
VAIL, CO 81657
NYE, RICHARD L. & KRISTEN K.W. -JT
258I LARKSPURLN
VAIL, CO 81657
HLTNT. CYNTHIA L. & SAMUEL WESLEY
PO BOX 363
WESTERN SPRINGS, IL 60558
TODD FACKLER
MEADOW CREEK CONDOMINIUM AS SOCIATION
3gO INTERLOCKEN CRESCENT, #5OO BROOMFIELD, CO 80021
PRESSLEY INC
PO BOX 290
woLCoTT. CO 81655-0290
TINITED STATES FOREST SERVICE
24745U5 HIGHWAY 24
MINTURN. CO 81645
D epartme nt of C ommuni ty D eve lopme nt
75 South Frontage Road
VaiL Colorado 81657
970-479-21 38
FAX 970-479-2452
www.vailgov.com
I
March 14,2005
Mr. Dominic Mauriello, AICP
Mauriello Planning Group, LLC
PO Box 4058
Edwards, CO 81632
(tax) 970.748.0377
Re: PEC050012
ERWSD Conditional Use Permit Request
2734 Snowberry Drive/Lot 14, Block 9, Vail Intermountain Subdivision
Dear Dominic,
Thank you for submitting an application ior Planning and Envilonmental Commission review ol a conditional use
permit at the atorementioned address. As you know, the Planning and Environmenlal Commission approved the
requesl with the following two conditions:
1. Prior to receipt of a grading permit from the Town of Vail Public Works
Department, a letter from the property owner of Lot 1 5, Block 9, Vail
Intermountain Subdivision, shall be submitted to and accepted by the Town
of Vail Community Development Department that grants the applicant
permission to re-grade and re-seed the areas of Lot 15 that will be disturbed
as a result of the removal of the existing water tank.
2. This approval shall be contingent upon the applicant rcceiving Town of
Vail approval of the design review application and required landscape plan
associated with this conditional use permit rcquest.
The Planning and Environmental Commission agreed with the applicant's request that no additional
vegetation be required as a condition of approval. However, they also requested that Staff
communicate lo the Design Review Board this coming Wednesday our concerns regarding the
planting of additional vegetation, at which time the Design Review Board may or may nol request that
changes be made to the plans as submitted. I will plan on seeing you this Wednesday, the 16'n, at
3pm in the Council Chambers. Meanwhile, thank you for attending today's meeting and feel free 1o
call with any remaining questions or concerns.
f,tp ^""''"'uo 'o'"^
, --l
itlt Yv'
enclosure
luwn o
75 soulh tronlage rd.
vail, colorado 81657
(303) 476-7000
t|il
department of community deyelopment
March 3l , .l982
Tim Garton
Kelton Garton and Associates,-Inc.
P,0. Box 705
Va i I , Co'l orado 81 658
' Re: Lot .l4, Biock 9, Intermountain
Dear Tim,,'
I'd like to take this opportunity to clarify the Conrnunity Developnrenr,
Department's position regarding development of Lot 14,-81ock 9,-Vajl Inter-
mountain Subdivision,
Density of the 'l ot seems to be one of the major questions that needs to
be resolved. For the staff to evaluate how nnny unjts can be possibly con-structed;:the following steps should be followed:
l. A detailed s'l ope ana)ysis completed to determjne areas in excess of
40?6 s1ope. This analysis must be certified by a registered land surveyor.
2. The next step is to determine how many lots of 15,000 square feet can
be p1 anned on areas of 40% slope or iess. In the Primary/Secondary zone.district;",any new subdivision must meet this requirement.' A preliminary
subdivjsion plan will be needed to determine if the roads meet the'standards of the subdivis.i on regulations and public works department as welI as
how the'lots would fit the site. l{e will work with you to determine the level of detail needed for the preliminary subdivision p'lan.
3. A clustering arrangement through the special development djstrjct js
probably the best solution for the site, As part of the special development district process, an environmental impact report for the project is required, You may use information contained in the environrnental studjes that were done for Vail Intermountain subdivision, but the EIR needs to be written specifica'l ly for the development proposed for the property.
a Garton -2-o
I hope this serves to.respond to your letter to Rich Caplan
,(d?tg9 l4ar,ch ZZi.198Z). ani to_ clar.ify our po.it.ion-wii['regarO to Lot 14. l.le are more than_willing to help in any way we can in proceed.i ng toward the best solution for the property and'f-or tire community.
PATTEN, JR
APP:bpr
gc: .Rich Caplan
Bob Bennett
rt IEK
V;!\n,
l'tarch 22, 1982
I'lr. Rich Capland Vail Town l"lanager:
'lOr,.rn Of Val-I
75 South Frontage Road
Vai1, Colonado 81657
Dear Rich:
thank you for neeting with ne on the subject of tot 14, Blod< I, Vail
trrternprntain Developnent Subdivision. I thought f would drnp you tlr-is
note and send a copy to Bob Berrrett to r.eitenate otrr tnder"standing
concerning the procedwes Bob should follow to obtain appr"oval fo:r a
cluster developnent on Lot 14. The fi:rst step would be-i det.ited s{ope
analysis to identify those areas on the lot considered to be buildabie
by Town of Vail stardards. The second step would be the desigr of a
nrad adequate to senvice tte cluste:: developnent. As Dick Ryan poJnted
out, an updated environmental irrrpact staternent night be the ]-ogica]-
thind step. Fotrr.th, we discussed tlre possibility of tnansfens of
density frrrm one portion of the lot to another which I tlLirk we decided
t/tould be considered on a case-by-case basis and would be dependent urpon
BerrretL's pnowing to your staff his capability to efficiently build the
:naxjmun number of units in tie specifield area, I thiJrJ< ttrat sunananizes
the ma-in points we discussed. I lqrow the general feeling certa-inly
appeered to be th,at both you arrd yoi.rr staff were desirous of seeing a
cluster developmerrt as opposed to a norrnl subdivision of that 1ot and that your" staff would wor.k r,,rith Eob Bennett in t/yi4g to actrieve that end. Rich, thanl<s again for teking the tirre out to neet with fire.
Best Regards,
/<-a/(- / --.__ Va/z>v€"-------
't un uarton
IG/ktr
cc: Bob Bennett
p | 3c:( 705. VArL COLO ts1658 (303) 476-5075
t
lut,tn
75 south fronlage rcl,
vail, colorado 81657
(303) 476-7000
department of community development
Ilarch 15, 1982
Bob Bennett
Box 2738
Vail, Colorado 81658
Dear Bob:
Re:Lot 14, Block 9, Intermountain
This correspondence will serve to sufirnarize our discussions concerning
the above lot with Tespect to subdir,rision and density, In our neeting
on Itlarch 11, 1982 the planning staff expressed its strong negative feelings
on granti.ng any type of density bonus above what could be obtained through
the subdivision process, ItJj.th about 140 feet of frontage on a publ j,c
street, a maximurn of 4 lots could be created (s1ope and other considerations
enter into this as well and could reduce that nunber). This lr'oul d create
eight units r,rhich could possibly be clustered under an approved p1an.
Ilowever, our feeling is that the lot is appropriately zoned prirnary/
secondary duplex due to its steepness and difficulties in obtaining
reasonable access to the developable area.
You would need to propose a subdivision meeting zoning and subdivision
ordinances of the Town to show us that there could be nore than two units built on the site. If that was reasonably depicted, we would then consider
a clustering arrangenent dealing with the acceptable nurnber of units.
Again, we as a staff feel that due to the topography of the site that
prirnary/secondary zoning is not unappropriate for the 1ot.
Please contact me if you have further questions.
A. PETER PATTEN, JR7
Senior Pl anner
APP:bpr
. !ert. cororado 8.t657
Peter Palten
Ser,o. Prarne.
Oepartmenl ol Communtty Developrnenl