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75 South Froztage Road
Vail. Colorafu 81657
970- 479 -2 1 3A/479-2 I 3 9
FAX 970-47924s2
october 25, 1995
George Ruther
Town Planner
GR{r
Department ol Community Development
Fttt
copr
Bob Borne
Snorrrshoe Development Corporation
P.O. Box 4205
Vail, Colorado 81658
RE: Separation of units in the Innsbruck Meadows Subdivision.
Dear Bob:
The purpose of this letter is to provide you with the Town of Vail Community Development
Department's interpretation of the required 15 foot minimum separation between structures
located in the Innsbruck Meadows Subdivision.
According lo the approval granted for the Innsbruc* Meadows Subdivision and Development
Plan, there must be a minimum 15 foot separation belween suuctures, including all decks and
cantilevered portions, but excluding eaves. The Community Development Department staff has
interpreted that statement to include lhe exterior stairway and landing currently constructed on
Unit 5. To confirm that a 15 foot separation does in fact exist between Units 5 and 6, an
improvement location c€rtilicate for Unit 5, lnnsbruck Meadows is required. All subsequent ILC
approvals will also be contingent upon the 15 foot minimum separation between units.
Should you have any questions or concerns with regard to the information addressed in this
letter, as always, please do not hesitate in giving me a call. I can most easily be reached during
regular otfice hours at479-2138.
Sincerely,
ft*Q'*;t-r*a
{g r""ottoruo
o
a'
TOWN OFVAIL
75 South Fronngc Road
Vail, Colorado 81657
970-479 -2 t 3 8/479-2 I 3 9
FAX 970-479-2452
July 21, 1995
Sally Brainard- RKD
1000 Lionsridge Iaop 3D
Vail, CO 81657
Department of Community Development
irit iloPt
R3: Innsbruck Meadows Units 2,3,4,5,6 & 7 DRB C.onditional Approval
DearSally:
Thankyou fm appearing before the Design Review Board (DRB) on Wednesday, July 19,1995
with proposed units 2,3,4,5,6 & 7 of Innsbruck Meadows. Tbc Design Review Board
conditionally approved each of the units. Thc conditions of the approval placed on thc units must
be addressed pgteg to application for building permit. The conditions placed on thc approval by
the Desig;n Review Board are listed bclow for your reference.
/,3,r, a, O, 1, l. Tbat the Town of Vait Public Works department sign offon the proposed site plan.
dl- op ov du c*'
c:v- 2. That the Fire Dcpartrncut sign offon the approval. According to the Fire Departnrents
@mments received on July 18, 1995 you need to indicate hydrant locations on the
sight plan.
& , *"J"fffltr fee paymcnt of $200 per unit be made to the office of Cornmunity
4.;Ti:flilTl foundation landscape plantings be added to the strcet elevations on both
5. That the applicant replace all the dead aspens transplanted offof lot 6. The caliber
inches of aspens that must be rcplaced totals approximately l9 incbes.
6. That a wiadow shutter be added to the garage elevation on unit 3.
7..That the applicaut zubmit a site plan illusbating the proposed three-color, color
schemes for the project.
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. 8. That all roof material proposed for the development be "presidential weathered-
wood" asphalt shingles of300 pounds pcr squarc or greater.
9. That the stucco color of color scheme one be cooled down. As proposed, the color
. appea$ too'lellowy".
10. The accent him between color schemes 2 and 3 is too similar. Please review your
color scheines and propose a possible alternative for staffreview.
Again, thank you for appearing bcfore the Design Review Boars on Wednesday, July 19,
1995 with 2,3,4,5,6 & 7 in Innsbruck Meadows. Each of the conditions of approval must be met
pricrr to application forbuilding permit from the Town of Vail building departnent. Should you
have any questions or concerns with regard to thc information addressed in this letter, as always;
please dou't hesitate in giving me a call. I can be rcached most easily during regular office hours
at479-2138.
Sincerely,
fL**Q,*-u-'-t
George Ruther
Town Planner
75 Soatb Froatagc Road
Vtil, Colorado EI65?
t0t -479 -2 t t 8/ FAX t0 3 _4? I _2 1 66
August l8 1995
Mr. Bob Borne
Innsbruck Meadows Dcvclopment, Inc.
P.O. Box 4205
Vail, Co. 81657
Dcpart
Re: Publlc Improvements Bond
Dear Bob,
I am in receipt of your rcquest for a final inspection for some bond release for Innsbruck
Meadows. Listcd below arc punch list itcms that nced to be complete before I will do a final
inspcction.
l) The road cuts that wcrc made for utility tic ins must bc Infra-red patohed. Also 8 gste vslve
located in thc cast road cut must be redug and straightened up. I have not contacted Bob Sfiait
conceming this, so you may want to let him know of this ncw item.
2) All curbs that havc becn installed must be backfillcd. This is needed for two reasons. One the
backfill will help protcct thc curbhead from damage, and sccond the baokfill will allow for
drainage to occur properly offthc site.
3)The storm drain has been ins&alled with an angle point put in to work around utilities. This is
Itot pgr the approved plan and must be rewor*ed according to the approved plan. I have informed
both Bob Stait and Stuart Borne of this so they should bJaware oithe n.."rrury work required
for approval.
4) If you would like to have moncy relcased for watcr and sanitary work, I mrst reoeive lvriten
approval From UEVCWSD before I can releasc any money conceming this work.
This is all that I know of that is holding up a final inspection. I will be out of the office next week
and can doa formal inspcction thc wcck of August 28th. If you have any questions pleasc contact
meat479-2198.
Charlie Davis
+.-
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C ONDOMINIT]M DECLARATION
TIIJS CONDOMIMUM DECLARATION (the "Condominium Declaration") is made as
of the 7-{ day of .%, 1997 by Robert Borne.
RECITALS
A. Robert Borne, Declarant, is the owner in fee simple of the following described
real estate situate in the County of Eagle, State of Colorado, to wit:
Lot 9, 3rd Amendment to the Final Plat of Innsbruck Meadows according to the
Plat recorded December 3L, 1996, in Book 7L4 atPage 991, County of Eagle,
State of Colorado (the "Property").
B. There has been constructed on the Property a building consisting of two residential
Condominium Units, which Units are hereby designated for separate ownership but which Units
share common ownership of portions of the Property.
C. The Property is part of the planned community known as Innsbruck Meadows,
and, in addition to this Condominium Declaration, is subject to and governed by the Innsbruck
Meadows Declaration.
NOW, THEREFORE, Declarant hereby provides the following easements, restrictions,
covenants and conditions for the Property which shall run with the land and be binding upon and
inure to the benefit of Declarant, its successors and assigns forever:
1. Definitions. The following words shall have the following meanings:
A. "Allocated Interests" means the undivided interest in the Common
Elements appurtenant to each Condominium Unit, Common Expense liability and votes in the
Association (which votes are determined pursuant to the Amended and Restated Declaration of
Covenants, Restrictions and Easements of Innsbruck Meadows). The Allocated Interests shall
be as follows:
Undivided Interests Common Expense Votes
in Common Elements Liability inAssn.
Condominium Unit 9A
Condominium Unit 98
76%
247o
76% 2
24% 1 N
B. "1@!41!q" means Innsbruck Meadows Property Association, Inc., a
Colorado non-profi t corporation.
C. "Common Elements" means all portions of the Property, other than the
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61321,4 0l/29/1997 l0:46f, E7l7 P24O 134
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Condominium Units, including, but not limited to, the ground underlying the Condominium
Building, the rool roof decking, roof zupport, sheathing, shingles, flashing, siding, fascia
boards, gutters and trim, exterior walls, stucco, downspouts, trim, shutters, paint, stain or other
finish, and any facilities, utilities, imFrovements and fixnrres necessary or conveuient to the
support, existence, use, (rccupation, operation, maintenance, repair or safety of said
Condominium Building, or any part thereof or any Condominium Unit therein. Without limiting
the generality of the foregoing, the following specific provisions shall apply:
i. If walls, floors, or ceilings are designated as boundaries of a
Condominium Unit, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper,
paint, and finished flooring and any other materials constituting any part of the finished zurfaces
thereof are a part of the Condominium Unit, and all other portions of the walls, floors, or
ceilings are a part of the Common Elements.
ii. If any chute, flue, duct, wire, conduit, bearing wall, bearing column,
or other fxhrre lies partially within s6 partially outside the designated boundaries of a
Condominium Unit, any portion thereof serving only that Condominium Unit is a Limited
Common Element allocated solely to that Condominium Unit, and any portion thereof serving
more than one Condominium Unit or any portion of the Common Elements is a part of the
Common Elements.
iii. Subject to the provisions of subsection ii of this zubsection C, all
spaces, interior partitions, and other fixtures and improvements within the boundaries of a
Condominium Unit are a part of the Condominium Unit.
iv. Any shutters, awnings, window boxes, doorsteps, stoops, porches,
balconies, decks, patios, exterior doors, windows, sills, sashes or related hardware, or other
fixhrres designed to serve a single Condominium Unit, but located outside the Condominium
Unit's boundaries, are Limited Comnon Elements allocated exclusively to that Condominium
Unit.
D. "Common Expenses" means any and all expenses of administering,
servicing, conserving, managing, maintaining, repairing or replacing the Common Elements, and
any other expense agreed by both owners to constitute Common Expenses. Common Expenses
shall be shared by the owners in their Allocated Interests for Common Expenses.
E. "Condominium Unit" or "Unit" means a physical portion of the Property
designated for separate ownership and described as a Unit on the Condominium Map or Maps
togettrer with the undivided interest in the Common Elements appurtenant to each such
Condominium Unit and all other rights and burdens created by the Declaration.
F. "e@g"meansabuildingcontainingCondominiumUnia.
G. "Condominium Mao" means the Condominium Map of the Property, as
2
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C.,
recorded in the records of the Clerk and Recorder of Eagle County, Colorado, as same may be
amended from time to tine.
H. "Innsbruck Meadows Declaration" means the Amended and Resated
Declaration of Covenants, Conditions, Restrictions and Easements of Innsbruck Meadows
recorded December 13, L996 in Book 7I3 atPage 854 ofthe Eagle County records.
I. "Limited Common Element" means a portion of the Common Elements
allocated by the Declaration or by the Condominium Map for the exclusive use of one of the
Units.
J. uOwneru means the owner of record, whether one or more persons or
entities, of fee simple title to any Unit, and "Owner" also includes the purchaser under a
contact for deed covering a Unit, but excludes those having zuch interest in a Unit merely as
security for the performance of an obligation, including a Mortgagee, unless and until such
person has acquired fee simple title to the Unit pursuant to foreclosure or other proceedings.
2. Division of Real Property into Two Condominiums. The Property is hereby
divided into two Condominium Units, Unit 9A' (the primary uni$ and Unit 98 (the employee
housing unit), as shown and designated on the Condominium Map recorded in the records of the
Clerk and Recorder of Eagle County, Colorado, together with each such Unit's interest in the
Common Elements and all easements and rights located thereon or appurtenant thereto, as more
specifically provided herein, each of which is a separate fee simple estate.
3. Title to and Description of Units.
A. Each Unit shall be inseparable and may be deeded, devised, leased or
encumbered only as a Unit, separate and distinct from the other Unit. In the event both Unis
are owned by the same owner, the Units may not be combined into one fee simple estate unless
approved by the Town of Vail. If so approved, the combined fee simple estate shall be
considered a Class A Owner (as defined in the Innsbruck Meadows Declaration) and shall have
two votes in the Association.
B. Title to a Unit may be held individually or in any form of concurrent
ownership recognized in Colorado. In case of any zuch concurrent ownership, each co-owner
shall be jointly and severally liable for performance and observance of all the duties and
responsibilities of an Owner with respect to the Unit in which he owns an interest. For all
purposes herein, except for Section 11C, there shall be deemed to be only two Owners, the
Owner of Unit 9A and the Owner of Unit 98. The parties, if more than one, having the
ownership of each such Unit shall agree arnong themselves how to share the rights and
obligations of zuch ownership, but all such parties shall be jointly and severally liable for
performance and observance of all of the duties and obligations of an Owner hereunder with
respect to the Unit in which they own an interest.
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C. Any contract of sale, deed, lease, deed of trust, mortgage, will or other
instnrment affecting a Unit may describe it as follows:
Condominium Unit _,
according to the Condominium Declaration
recorded , 1997 n book _ at
and the Condominium Map recorded
L997 n book _ at page _ of the
records of the Eagle County'Clerk and Recorder.
D. Each Unit shall be considered a separate parcel of real property and shall
be separately assessed and taxed. Upon the recording of this Declaration, Declarant shall deliver
a copy of such recorded document to the Assessor of Eagle County, Colorado.
4. Association's Responsibilitv for Maintenance and ReBair. Pursuant to Article 9
of the Innsbruck Meadows Declaration, the Association is responsible for maintaining and
keeping in good repaA (including upkeep, repair and replacement) the landscaping and irrigation
system located on the Property and the Common Driveway (as defined in Section 8.10 of the
Innsbruck Meadows Declaration), the cost of which is a common expense of the Innsbruck
Meadows planned community which is assessable agairxt ttre Units pursuant to Article 12 of the
Innsbruck Meadows Declaration.
5.
A. Each Owner shall be solely responsible for all maintenance and repair of
the interior of his Unit, including all fixtures and improvements and all utility lines and
equipment located therein and serving such Unit only.
B. Both Owners shall have the duty of maintaining and repairing the Common
Elements. The cost of such maintenance and repair shall be shared by the Owners based on
their Allocated Interests for Common Expenses. If the cost of any repair is covered by
insurance, the insurance proceeds shall be applied to the costs and expenses of repain and any
costs and expenses in excess of said insurance proceeds, including any "deductible" under said
insurance policy, shall be shared by the Owners based on their Allocated Interests for Common
Expenses. Either Owner may give written notice to the other Owner of maintenance or repair
of the Common Elements that such Owner deems necessary or advisable and the Owners shall,
within 30 days after said notice is given to the other Owner, agree upon the procedure for doing
the maintenance or repair, including timing of the performance of said maintenance or repair,
the contractor or person to perform same, and any other details incident to each such repair or
maintenance. If the Owners fail to agree on any aspect of said maintenance or repair within said
30 day period, the manager then engaged by the Association shall make all decisions relevant
to said maintenance or repair, specifically including but not limited to, the necessity thercfor,
the procedure for doing the maintenance or repair, the timing of the performance of said
maintenance or repair, the contractor or person to perform same, atrd any other details incident
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thereto. The cost of said maintenance or repairs and any fee charged by said manager in
connection with his services rendered shall be shared by the Owners based on their Allocated
Interests for Common Expenses. Each Owner, at its sole cost and expeDs€, shall have the duty
of maintaining and repairing the Limited Common Elements appurtenant to each zuch Owner's
Unit, and shall always keep any balcony or deck area and all windows, sills, sashes appurtemnt
to each zuch Owner's Unit in clean and orderly condition and in good repair.
C. If any Condominium Unit is damaged or destroyed, such damage or
destruction shall be prompfly repaired and reconstnrcted, unless otherwise agreed by the Owners.
Repair and reconstruction means the restoration of the improvements to substantially the same
conditiou in which they existed prior to zuch damage or destruction. All available insurance
proceeds shall be applied to the costs and expenses of repairs and reconstruction and any costs
and expenses in excess of said insurance proceeds including any "deductible" under said
insurance policy shall be shared by the Owners based on their Allocated Int€rests for Common
Expenses, urless otherwise agreed. Notwithstanding anything contained herein to the contrary,
if the negligence or willful act or omission of any Owner, his tenants, guests or invitees, shall
cause damage to, or destruction of any improvement on the Property, such Owner shall bear the
entire cost of repair or reconstruction.
D. Utilify or service connections, facilities or other utility equipment located
in either Unit which are used solely to supply a service or utility to one Unit shall be owned by
the Owner of the Unit using zuch utility or service and all experses and liabilities for repair and
maintenance shall be borne solely by the Owner of such Unit who shall have a perpenral
easement in and to that part of such Unit containing such property for purposes of maintenance,
repair and inspection.
6. Alterations and Improvements.
A. No Owner shall make or suffer any structural or design change (including
a color scheme change), either of a permanent or tdmporary nature and of any type whatsoever,
to the Common Elements or construct any addition or improvement on the Property without first
obtaining the prior written consent thereto from the Town of Vail and the other Owner, which
consent shall not be unreasonably withheld or delayed.
B. Where the Owner of either Unit, in compliance with the other provisions
of this Declaration, desires to build, renovate, excavate, improve or otherwise alter the
structures or improvements located on the Properfy, and where the Owner has obtained the
written consent thereto of the Town of Vail and the other Owner as provided in Section 6A.
above, the Owner of the other Unit shall cooperate to the extent necessary to enable the Owner
to obtain any required building permit or similar permit or license. Any costs or expenses,
however, associated with the obaining of a building or similar permit shall be the expense of
the Owner desiring said permit and shall not be a Common Expense of both Owners.
C. In the event that either Unit, or fraction thereof, is taken by eminent
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domain or in condemnation, the proceeds shall be payable in accordance with C.R.S. Section
38-33.3-107.
7. Insurance.
A. The Owners shall each be separately responsible for keeping his Unit and
all improvements and fixtures located thereon or therein, insured against loss or damage by fue
a.ud extended coverage perils (including vandalism and malicious mischief) for the maximum
replacement value thereof, and covering such other risks of a similar or dissimilar nature as are
or shall hereafter customarily be covered with respect to similar properties, by a reputable
insuarce company or companies authorized to do business in the State of Colorado. The
"deductible" amount under said policy shall not exceed $1,000. The insurance policy covering
each Unit shall provide that it cannot be cancelled or zubstantially modified until after 30 days
prior written notice is given to the Owners of both Condominium Units and each first mortgagee
or first deed of trust holder of record.
B. Each Owner shall provide and keep in force for zuch Owner's protection
personal liability and property danage insurance against claims for bodily injury or death or
property damage occurring in, on or upon his Unit, in a limit of not less than $500,000.00 in
respect to bodily injury or death to any number of persons arising out of one accident or
disaster, or for damage to properfy, and if higher limits shall at any time be customary to protect
againsl tort liability, zuch higher limits shall be carried. Such policy shall also provide at least
$5,000.00 in emergency medical payments. Such insurance policy shall provide that it cannot
be cancelled or zubstantially modified until after thfuty (30) days prior written notice is given to
the Owner of both Condominium Units and each fust mortgagee or first deed of trust holder of
record.
C. All policies of inzurance shall contain waivers of subrogation and shall
provide that the liability of the carriers issuing policies pursuant to subsections A and B shall
not be affected or diminished by reason of any zuch insurance carried by any Owner.
D. Each Owner may obtain additional insurance at his own expense for his
own benefit. Insurance coverage on any personal property items located within the
Condominium Units shall be the responsibility of the Owner thereof. However, nothing herein
shall be construed to require such insurance.
8. Mechanic'sLiens. Indemnifications.
A. Except for items incurred as a Common Expense as provided herein, if
either Owner shall cause any material to be furnished to his Unit or a Limited Common Element
appurtenant to his Unit, or any labor to be perforrned therein or thereon, the other Owner shall
not under any circumstances be liable for the payment of any expense incurred or for the value
of any work done or material furnished; all such work shall be at the expense of the Owner
causing it to be done, and such Owner shall be solely responsible to conEactors, laborers,
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materialmen and other persons furnishing labor or materials to his Unit or any Limited Common
Elemert appurtenant to his Unit. Nothing herein contained shall authorize either Owner or any
person dealing through, with or under either Owner, to chargc the Condominium Unit of the
other Owner with any mechanic's lien or other lien or encumbrance whatever; and, on the
contrary (and notice is hereby given), the right and power to charge any lien or encumbrance
of any kind against the other Owner or the other Owner's Condominium Unit for work done or
material furnished to one Owner's Condominium Unit or a Limited Common Element
appurtenant to his Unit is hereby expressly denied.
B. Except as specifically provided herein, if because of any act or omission
of either Owner, any mechanic's or other lien or order for the payment of money shall be filed
against the other Owner's Condominium Unit or against the other Owner (whether or not zuch
lien or order is valid or enforceable as zuch), the Owner whose act or omission forms the basis
for such lien or order shall, at his own cost and expense, cause the same to be cancelled and
discharged of record or bonded by a surety company reasonably acceptable to the other Owner,
vvithin 20 days after the date of filing thereof, and further shall indemnify and hold the other
Owner harmless from and against any and all costs, expenses, claims, losses or damages,
including reasonable attorney's fees and costs whether or not suit is brought, resulting therefrom.
9. Enforcement.
A. If any Owner, at any time, shall neglect or refuse to perform.or pay his
share of any obligation required hereuuder (the "Defaulting Owner"), the other Owner may, but
shall not be obligated to, after 20 days written notice to the Defaulting Owner unless the
circumstances require immediate action, make such payment or expend such sum as may be
necessary to perform zuch obligation, on behalf of zuch Defaulting Owner, including but not
limited to, the payment of any insurance premiums required hereunder or the undertaking of any
work required for maintenance or repair (after compliance with the procedures set forth in
Section 58 hereof), and such Owner shall have an easement in and to that part of such
Defaulting Owner's Condominium Unit and Limited Common Elements appurtenant thereto as
is reasonably necessary for such repair, restoration or maintenance,
B. All sums so paid or expended by an Owner, with interest thereon at the
rate of 2L% per annum from the date of such payment or expenditure, shall be payable by the
Defaulting Owner so failing to perform upon demand of the other Owner.
C. All sums so demanded but unpaid by the Defaulting Owner shall constitute
a lien on the Condominium Unit of the Defaulting Owner in favor of the other Owner prior to
all other liens and encumbrances, except: (i) liens for taxes and special assessments; and (ii)
the lien of any f,ust mortgage or first deed of trust of record encumbering such Condominium
Unit. The lien provided herein shall be prior to any homestead exemption provided now or in
the future by the laws of the State of Colorado. The lien shall anach from the date when the
unpaid zum shall become due and may be foreclosed in like manner as a mortgage on real
property. To evidence such a lien, written notice of the lien shall be prepared, setting forth the
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ilmount of the unpaid indebtedness, the name of the Defaulling Owner, and description of the
Condominium Unit to which the lien shall attach. Such notice shall be signed by the Owner in
whose favor the lien shall be filed, and the lien shall be recorded in the ofFrce of the Clerk and
Recorder of the County of Eagle. In any foreclosure or other collection proceeding, the
Defaulting Owner shall be required to pay the costs and expeuies of zuch proceeding, including
reasonable attorney's fees, whether or not suit is brought.
D. Sale or transfer of either Unit as the result ofjudicial foreclosure or a deed
of tnrst foreclosure through the public trustee, or any proceeding in lieu of foreclozure, shall
extinguish the lien as to amounts which became due prior to zuch sale or transfer, but shall not
relieve any former owner of personal liability therefor. A first mortgagee or first deed of tnrst
holder of such Condominium Unit who acquires title by the taking of a deed in lieu of
foreclosure shall only be liable for amounts that become due from and after the execution by the
transferor of said deed in lieu of foreclosure. Except as specifically provided herein, no sale
or trarnfer shall relieve such Condominium Unit or the former owner from liability for any
amounts theretofore becoming due or from the lien thereof. In the event of the sale or trarsfer
of a Condominium Unit with respect to which sums shall be unpaid by a Defaulting Owner,
except transfers to a first mortgagee or fint deed of tnrst holder in connection with a foreclozure
of its lien or a deed in lieu thereof, tlre purchaser or other transferee of an interest in such
Condominium Unit shall be jointly and severally liable with the seller or transferor thereof for
any such unpaid sums, except as provided in Section 9E.
E. Upon written request of any Owner, mortgagee, prospective mortgagee,
purchaser or other prospective transferee of a Condominium Unit, the Owner of the other
Condominium Unit shall issue a written statement setting forth the amount he is owed under this
Section 9, if any. Such statement is binding upon the executing Owner in favor of any person
who may rely thereon in good faith. Unless a request for such statement shall be complied with
within 15 days after receipt thereof, any unpaid sums which became due prior to the date of
making the request which are not represented by a notice recorded in the records of the Eagle
County Clerk and Recorder shall be subordinated to the lien or other interest of the person
requesting zuch statement, and if such person is a purchaser or other transferee of an interest
in a Condominium Unit, such lien right shall thereafter be extinguished and such purchaser or
transferee shall not thereafter have personal liability therefor.
F. Each provision of this Declaration shall be enforceable by any Owner by
a proceeding for a prohibitive or mandatory injunction or by a suit or action to recover damages.
If court proceedings are instihrted in connection with the righs of enforcement and remedies
provided in this Declaration, the prevailing party shall be entitled to recover its costs and
expenses in connection therewith, including reasonable attorney's fees.
G. Each Owner hereby agrees that any and all actions in equrty or at law
which are instituted to enforce any provision hereunder shall be brought in and only in the courts
of the County of Eagle, State of Colorado.
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H. Failure to enforce any provision of this Declaration shall not operate as
a waiver of any zuch provision, the right to enforce such provision thereafter, or of any other
provision of this Declaration.
10. Easements.
A. Each Unit shall be subject to an easement for encroachments created by
construction, settling and overhang, previously existing or uui a result of any addition or
improvement pursuant to this Declaration. A valid easement for such encroacbments and for
the maintenance of same, so long as they exist, shall and does exist. In the event any
improvement is partially or totally destroyed, and then rebuilt, the Owners agree that minor
encroachments of parts of an adjacent Condominium Unit due to construction shall be permitted
and that a valid easement for said encroachment and the maintenance thereof shall exist so long
as the improvements shall stand.
B. There is hereby created for the benefit of the Condominium Units, a
blanket easement upon, across, over and under the unimproved portion of the Property,
including any common walls, for ingress and egress, installation, replacing, repairing and
maintaining Common Elements and including, but not limited to, installing, replacing, repairing
and maintaining utility services, including water, sewer, gas, telephone, cable w and electricity.
Said blanket easement includes future utility services not presently available to the Property
which may reasonably be required in the future. By virnre of this easement, it shall be expressly
permissible for the companies providing utilities to erect and maintain the necessary equipment
on any portion of the Property and to affix and maintain electrical and/or telephone wires,
circuits and conduits on, above, across and under the roofs and exterior walls of the
improvements, all in a manner customary for zuch companies in the area surrounding the
Property.
C. The Condominium Units have a Common Driveway as shown on the Third
Amendment 1s thg pinnl Plat of Innsbruck Meadows recorded December 31, 1996 recorded in
Book 714 at Page 991 of the Eagle County records, which they also share with Ints 10 and 11
of Innsbruck Meadows planned community. The Property is subject to the Driveway Easement
described in Section 8.10 of the Innsbruck Meadows Declaration.
11. GeneralProvisions.
A. Each Owner shall register its mailing address with the other Owner and
all notices or demands intended to be served upon Owners shall be sent by certified mail,
postage prepaid, addressed in the name of the Owner at zuch registered mailing address. In the
alternative, written notices may be delivered personally to Owners.
B. All provisions contained in this Declaration shall continue and remain in
full force and effect unless this Declaration is amended or revoked by recorded instrument
signed by all Owners and all lienors holding a fust mortgage or first deed of trust of record on
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any portion of the Property.
C. This Declaration may be amended or revoked only by an instrument which
specifically refers to this Declaration and which is signed by each of the then existing Owners
and fust mortgagees or deed of tnrst holders and recorded at the office of the Clerk and
Recorder of the County of Eagle, State of Colorado.
D. Each provision of this Declaration, and any agreement, promise, covenant
and undertaking to comply with each reservation or gIant of title, estate, right or interest !o
effecu.rate any provision of this Declaration: (i) shall be deemed incorporated in each deed or
other instnrmeht by which any right, title or interest in any portion of ttre Properfy is granted,
devised or conveyed, whether or not set forth or referred to in such deed or other instnrment;
(ii) shall, by virnre of acceptance of any right, title or interest in any portion of the Property by
an Owner, be deemed accepted, ratified, adopted and declared as a personal covenant of zuch
Owner and, as a personal covenant, shall be binding on such Owner and his heirs, penonal
representatives, successors and assigns; and, shall be deemed a personal covenant to, with and
for the benefit of each Owner of any portion of the Property, and (iii) shall be deemed a real
covenant by Declarant, for themselves, their heirs, successors and assigns, and also an equitable
servitude, running, in each case, as a burden with and upon the title to each and every portion
of the Property.
E. Any exercise of any right granted hereunder by one Owner with respect
to the other Owner's Condominium Unit, including but not limited to, the use of any easement
granted herein, shall be excrcised in a manner which shall not unreasouably hinder, impede or
impose upon such other Owner's use of his Unit.
F. Invalidity or unenforceability of any provision of this Declaration in whole
or in part shall not affect the validity or enforceability of any other provision or valid and
enforceable part of a provision of this Declaration which shall remain in full force and effect.
G. The captions and headings in this instnrment are for convenience only and
shall not be considered in construing any provisions of this Declaration.
| ililt ililt ilil] ]l]t ililt lt ill]ilt lil il||ll l] ill6t3214 0l/29/1997 10:461 B7t7 ?24O tg4lO ol lt R 55.00 D O,OO l{ 0.00 Eesh, Coloredo
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H. When necessary for proper construction, the masculine of any word used
in this Declaration shall include the feminine or neuter gender, and the si4gular the plural, and
vice versa.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, executed this
Condominium Declaration thir _a$,hy of \tui,. -r, , 1997.
DECLARANT:
STATE OF COLORADO
COTJNTY OF EAGLE
)
) ss.
)
The foregoing instrument was acknowledged before me this ? ( a^V of fbluae/
, 1997, by ROBERT BORNE. ...,,"' '
Wiuress my hand and official seal.
My commission expires:
l.N
ROBERT BORNE
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AI..{ENDED AI'ID RESTATED DECI,ARATION
OF
colrENANTS, CONDITIONS,
RESTRICTIONS AIID EASEMBNTS
OF
INNSBRUCK MEADOWS
THIS DBC].,ARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND
EASEMENTS of fI.INSBRUCK MEADOWS (the "Declaration") is made as of thisday of l-996, by Innsbruck Meadows Development, Inc., a CoLoradocorporation ("the Declarant") .
RECITAI,S
A. Declarant i.s owner of that certain real property located in Eagle
County, Colorado, more particularly described on the attached Exhibit "A',(the "Property").
B. Declarant desires to create a planned Community pursuant to the
Colorado Common Tnterest Ownership Act as set forth in Col-orado Revisedstatute 38-33.3-101, et. seq. (the "Act") on the real estate described inExhibit "A", the name of which is Innsbruck Meadows.
C. Declarant desires to subject the property to the covenants,conditions, restrictions, and easements as set forth herein.
ARTTCLE I
DECLARAT]ON AND SUBMISSION
Declarant hereby declares that the Property shall be held, sold, and
conveyed subject to the following covenants, restrictions and easements
which are for the purpose of protecting the value and desirability of the
Property, and which shal] run with the land and be binding on all parties
and heirs, successors, and assigns of parties having any right, title, orinterest in all or any part of the Property. Additionally, Declarant
hereby submits the real estate to the provisions of the Act.
ARTICLB II
NAME, DIVISION INTO LOTS
Section 2. 1. The name of the project i-s Innsbruck Meadows. Theproject is a Planned Community pursuant to the Act.
Section 2.2- Associafion. The name of the association is Innsbruck
Meadows Property Association, Inc. Declarant has caused to be
incorporated under the laws of the State of Colorado the Association as
a As non-profit corporation with the purpose of exercisinq the functions
as herein set forth.
j
Section 2.3. Number of Lots. The
fourteen (14) . The Declarant reserves
Lots .
l.l
anqrt
number of Lots in the project is
no rights to create addj.tional
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section 2.4. rdentification of Lots. The identification number ofeach tot is shown on the PIat recorded concurrentlv herewith.
ARTICLE III
DEFINITIONS
Section 3. 1. Definitions. The following words when used in thisDecraration, unless inconsistent with the context of this Declaration,shall have the following meanings:
A. "Articl-es" mean the Articles of Incorporation for Innsbruck
Meadows Property Association, rnc., currently on file with the cororadosecretary of state, and any amendments which may be made to those Articres
f rorn time to t ime .
B. "Assessments" means the monthly, Specia1, and Default
Assessments levied pursuant to Article XTI bel-ow. Assessments are furtherdefined as a Common Expense liabiJ-ity as defined under the Act.
C."Association means" fnnsbruck Meadows property Association,Inc., a Colorado nonprofit corporation, and its successors and assigns.
D. As.sociation Documents" means this Declaration, the Articlesof incorporation, and the Byl-aws of the Association, and any procedures,ruIes, regulations, or policies adopted under such documents by the
As s oci-ation .
E. "Bylaws" means the Byl-aws adopted by the Association, as
amended from time to time-
F."Common Area" means al_l of the real property and inprovementsthereon, if any, in which the Associatj-on owns an interest or easenent forthe common use and enjoyment of all of the Owners on a non-exclusivebasis. Such interest may include, without limitation, estates in fee, for
terms of years, or easements. Common Area is further defined as a Common
Element as defi-ned under the Act.
G. "_Qgmqn__Expe4s9E" means (I) all expenses expressly declaredto be common expenses by this Declaration, or the Bylaws of. theAssociation,' (ii) al-I other expenses of adnini-stering, servicing,conserving, rnanaging, maintaining, repairing, or replacing the Common Area(iii) insurance premiums for the insurance carrj-ed under Article X; and(iv) al-l- expenses lawfully deternined to be conmon expenses by theExecutive Board of the Associati-on.
H. "Declarant" neans Innsbruck Meadows Development, fnc., a
Colorado Corporation, and its successors and assigns.
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AssessmentJ. "Default " means the Assessments levied bv theAssociation pursuant to Article XII, Section 12.?. below.
K."Innsbruck Meadows" shall mean the planned comrnunity createdby this Declaratj-on consisting of the Property, the Units and any otherimprovenents constructed on the Property and as shown on the subdivisionplat depicting the Property and designated the Plat of Tnnsbruck Meado\"/srecorded in the office of the clerk and Recorder of Eagle county, col-oradoconcurrently herewith.
L."Executive Board" means the governing body of the Association.elected to perform the obligations of the Association relative to theoperation, maintenance, and management of the property and allimprovements on the Property.
M. "First Mortgage" means any Mortgage which is not subject to
any 1J-en or incumberances except liens for taxes or other liens which aregj-ven prj-orj-ty by statute.
N. "First Mortoaoee" means any person named as a mortgagee orbeneficiary in any First Mortgage, or any successor to the interest of anysuch person under such First Mortgage.
O. Lot" means a plot of land subject to this Declaratj_on anddesignated as a "L,ot" on any subdivision plat of the property recorded byDeclarant in the office of the Clerk and Recorder of Eagle County,colorado, together with al-l- appurtenances and improvements, now or in thefuture on the lot. r,ot is further defined as a unit as defined under theAct.
P. "Manager" shall mean a person or entity engaged by theAssociation to perform certain duties, povrers, or functions oi theAssociation, as the Executiwe Board may authorize front time to time.
Q. "Member" sha11 mean every person or entity who holdsmenbership in the Associati-on, There shal1 be two classes of membership.
C1ass A shall be an owner of any primary or sngle family unit. Class Bsha1l be an owner of a secondarv Unit.
R. Monthlv Asses sment "means the Assessment levied monthl_v,
S. "Mortgaqe"shal1 mean any mortgage, deed of trust, or other
document pledging any L,ot or interest therein as security for payment ofa debt or obligation. Mortgagre j-s further defined as a Securi.ty fnterestas defined under the Act.
T. "Mortqaoee" means any person named as a mortgages orbeneficiary in any Mortgage, or any successor to the interest of anv suchperson under such Mortgage.
U. "O$rner" means the ovrner of record, whether one or morepersons or entitj-es, of fee simple title to any Unit, and "Owner" alsoincl-udes the purchaser under a contract for deed covering a Unit, butexcludes those having such interest in a unit merely as security for theperformance of an obligation, including a Mortgagee, unless and untj.l suchperson has acquired fee simple titre to the unit pursuant to foreclosure
J
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or other proceedings. Or{tner is further defined as a Unit Orrner as definedunder the Act.
V. "PIat" means thedepicting the Property subjectrecords of the Clerk and
contempora neousl y herewith and
subdivision pl-at of Innsbruck Meadowsto this Declaration and recorded in theRecorder of Eagl_e County, Coloradoall supplements and amendments thereto.
W.'rProperty" means and refers to that certain real_ propertydescribed oi1 Exhibit "A" attached to this Decl_aration.
X."Special Assessment', means ail assessment levied pursuant toArticle XII, Section 12.6 below on an irregular basis.
Y. rrSuccessor Declarant,' means any party or entity to whomDeclarant assigns any or aL1 of its rights, obligations, or interestDeclarant, as evidenced by an assignment or deed of record executed by bothDeclarant and the transferee or assiqnee and recorded in the office of tn"cl-erk and Recorder of Eagle county, colorado, designating such party as aSuccessor Declarant, Upon such recording, Decl_arant r s rights andobU-gations under this Declaration shaLl cease and terminate to the extentprowided in such document.
Each capitalized term not otherwise defined in this Declaration orin the Plat shall have the same meanings specified or used in the Act.
ARTICLE IV
MEMBERSHIP AT{D VOTING RTGHTS,. ASSOCIATION OPERATIONS
Section 4. 1, The Association. Every Olrner of a Unit shal1 be a
Member of the Associatj-on. Membership shall be appurtenant to and may notbe separated from ownership of any unj-t, except that each duplex buirdingsha1l have two voti.ng ownersr one being a class A owner and the other iclass B owner,
Section 4 .2 . An Or,rrner shall not trans f er, pledge, or al_ienate hismembership in the Association in any way, except upon the sale orencumbrance of his unit and then only to the purchaser or Mortgagee of hi_sUnit.
section 4.3. Membershi-p. The Association shall have two (2) classesof membership consisting of all owners, including the Declarant so rong asDeclarant continues to ovrn an interest in unit or }ot. Except as otherwiseprovided for in this Declaration, each Merrlcer shal1 be entitl-ed to vote inAssociation matters pursuant to this Declaration on the basis of two votesfor each crass A owner ( single famj-ly or primary unit )and one vote foreach cl-ass B owner (secondary unit) . when more than one person hol_ds aninterest in any unit, all such persons shaLl be Members. the vote for suchunit shall be exercised by one person or alternative persons (who may bea tenant of the owners) appointed by proxy in accordance with the Bytaws.rn the absence of a proxy, the vote allocated to the r.,ot sharl be suspendedin the event more than one person or entity seeks to exercise the ritht tovote on any one matter. Any owner of a Lot which is leased may assign hiswoting right to the tenant, provided that a copy of a proxy appointinq the
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tenant is furnished to the Secretary of the Association prior to anymeeting in which the tenant exercises the voting riqht. rn no event shaLlmore than one vote be cast with respect to any one Unit.
Sectj.on 4.4. Compl-iance with Association Documents. Each Owner shall
abide by and benefit from each provision, covenantf condition, restrictionand easement contained in the Association Documents. The obligations,burdens, and benefits of membership in the Association concern the l-and andshall be covenants running with each Ovrners Lot for the benefit of allother Lots and for the benefit of Declarant, s adjacent properties.
Section 4.5. Books and Recorcls. The Association sha1l make availabl-e forinspection upon request, during normal business hours or under otherreasonable circumstances, to Owners and to Mortgagees, current copies ofthe Association Documents and the books, records, and financial statementsof the Association prepared pursuant to the Bylaws. The Association maycharge a reasonable fee for copying such miterials.
Section 4.6. Manager. The Association may employ or contract for theservices of a I'lanager to vrhom the Board may delegate certain powers,functions, or duties of the Associatj-on, as provided in the Bylaws of theAssociation. The Manager sha11 not have the authority to nake expendituresexcept upon prior approval and direction by t.he Board. The Board shal1 not
be l-iable for any omissj.on or improper exercise by a Manager of any duty,power, or function so delegatecl by written lnstrument executed by or onbehalf of the Board.
Section 4.1 . fmplied Rights and Obligations. The Association mayexercise any right or privj-Iege expressly granted to the Association in theAssociation Documents, and every other right or privilege reasonablyimplied from the existence of any right or privilege given to theAssociation under the Association Documents or reasonably necessary toeffect any such right or privilege. The Association shall perform all- ofthe duties and obligations expressly j-mposed upon it by the Association
Documents, and every other duty or obligation implied by the expressprovisions of the Association DocrxnenLs or necessary to reasonably satisfy
any such duty or obligation.
ARTICLE V
POWERS OF THE EXECUTIVE BOARD OF THE ASSOCIATION
The Executive Board shall have power to take the following actions:
(a) Adopt and publish rules and regulations governing the use of the
Common Area, includi-ng any recreational facilities which may be constructedon such property and governing the personal conduct of the Menbers andtheir guests, and the Association rnay establish penalties, including, forthe infraction of such rules and requlations;
(b) Suspend the voting rights of a Member during any period in which
such Menber is in default on payment of any Assessment levied by the
Association, as provided in Article XIf, Section 1-2.?. Such rights may al-sobe suspended after notice and hearing for: a period not to exceed ninety(90) days for j-nfraction of published ruLes and regulations, unless suchinfraction, is ongoing in which case the rights may be suspended during the
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period of the infracti-oqand for ninety days (90) thereafter; and
(c)Exercise fo, t?Association all power". arrtt, and authority
vested to the Executive Board and not reserved to the Members or Declarantby other provisions of this Declaration or the Articles or Bylaws of theAssociation or as provided by Iaw.
ARTICLE VI
COMMON AREA I.'ATNTENA}ICE
The Association shal-L maintain and keep the Common Area in goodrepair, and the cost of such maintenance sha1l be funded as provi-ded inArticl-e XII. This maintenance sha11 include, but shal1 not be linited to,
upkeep, repair and replacement, subject to any insurance their in effect,of al-1 landscapi,ng, wa1ls, gates, signage, irrigation systems, sidewalks,
dri-veways and improvements, if any (which shall incl-ude without l-imitation
snow removal servj-ces), located j-n the Cotlunon Area. In the event the
Association does not maintain or repair the Common Area, Decl-arant shalL
have the right, but not the obligation, to do so at the expense of the
Associ-ation.
ARTICLE VII
MECHANICIS LTENS
Section 7.1 No Liabilitv, If any Owner shafl cause any material tobe furnished to his Unj-t or any labor to be performed therein or thereon,
no Owner of any other Unit shaLl under any circumstances be liable for thepayment of any expense incurred or for the value of any work done or
material- furni-shed. AlI such work shal-l be at the expense of the owner
causing it to be done, and such Owner shall be solely responsible tocontractors, laborers, materialmen and other persons furnishing labor or
rnaterials to hi-s Unit. Nothing herein contained shal1 authorize any ovrneror any person dealing through with or under any Owner to charge the Common
Area or any Lot other than of such Owner with any mechanic's lien or otherlien or encumbrance whatever. On the contrary (and notice is hereby given)
the right and power to charge any lien or encumbrance of any kind against
the Common Area or against any Owner or any Owner's Uni-t for work done or
materials furnished to any other Owner's Unit is hereby expressly denied.
Section 7.2 fndemnification. If, because of any act or omission of any
Owner, any mechanj-c's or other lien or order for the payment of rnoney shall
be filed against the Common Area or against any other Owner's Unit or all
Ovrner or the Association (whether or not such lien or order is valid or
enforceable as such) , the owner whose act or emission forms the basis for
such li-en or order shall- at his own cost and expense cause the same to be
canceled and discharged of record or bonded by a surety company reasonably
acceptable to the Association, or to such other Owner or Owners, withintwenty (20) days after the date of filing thereof, and further shall
indennify and save all the other owners and the Association harnless fromand against any and al1 costs, expenses, claims, Losses or damagesincluding, vrithout limitation, reasonable attorney's fees
resulting therefron.
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Section 7.3 Association Action. L,abor performed or materials furnished forthe Common Area, if duly authorized by the by the Associationin accordance with this Declaration or its bylaws, shaIl be deemed to beperformed or furnished with the express consent of each Owner and sha1l bethe basis for the filing of a lien pursuant to Law against the conmon Area.Any such lien sha1l be limited to the common Area and no lien mav beeffected against any individual Unit or Units.
ARTICLE VITI
PROPERTY RIGHTS Or OI.,NERS
AND RESERVATIONS BY DECI.AR.AI.IT
section 8. r- owner's Easement of Eniovment. Every owner has a rlghtand easement of enjoyment in and to the common Area, which shall beappurtenant to and shall pass with title to every unit subject to theprovisions contained herei-n. Certain third persons will also have accessto the common Area as set forth in the rules and regulations of theAssociation. Every owner shall have a right of access to and from his unitover and across those portions of the common Area on which driveways arelocated. No olrner shaJ-r hinder nor permit his guest to hinder reasonableaccess by any other owner and his guest to the units and parki-ng areas.
section 8.2- Recorded Easements. The property sharr be subject toall- easements as shown on any recorded plat affecting the property and toany other easements of record or of use as of the date of recordation ofthis Declaration. A11 easements and licenses to which the propertv i-spresently subject are set forth in Exhibit "8". rn addition, the proplrtyis subject to those easements set forth in this Article VIII.
section 8.3. utilitv Easements. There is hereby created a general
easement upon, across, over, i_n, and under the property for ingress andegrress and for install-ation, repl-acement, repair, and maintenance of al_Lutiliti-es, j-ncluding, but not limited to, water, sevrer, gas, telephone,electrical, and cabre communications systems. By virtue of this easement,it shal-r be expressly permissible and proper for the companies providing
such serwices to instal-L and maintain necessary eguipment, wj-res, circuits,and condui-ts under and over the property. Such utilities may tenporarilybe installed above ground durj-ng construction, if approved by Decrarant.
Section 8.4. Declarant's Rights Incident to construction. Decl-arant,for itsel-f and its successors and assigns, hereby reserves an easement forconstruction, utilities. drainage, J-ngress and egress over, in, upon, underand across the corunon Area, together with the right to store materials ontire common Area, to build and maintain temporary retainage wal]s, and tomake such other use of the comnon Area as may be reasonably necessary orincident to any construction of the units or improvements of the eropertyor other real property owned by Declarant, or other properties abutting andcontiguous to the Property; provided, however, that no such rights shalrbe exercised by Declarant in a way which unreasonably interferel with theoccupancy, use, enjoyment, or access to rnnsbruck Meadows by the owners.
Section 8.5. Gfant of Easements, The Association is hereby grantedthe right to establish from tine to time, by declaration or otherwise,utility and other easements, permits, or licenses over the corunon A!ea, forpurposes includj-ng, but not limited to, driveways, paths, walkways,drainage, recreation areas, parking areas, and to create other
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reservations, exceptions, and exclusions for the best interest of al1 theOwners and the Association, in order to serve all the Owners withinInnsbruck Meadows .
Section 8.6. General- Maintenance Easement. An easement is herebyreserved to Decl-arant, and granted to the Association, and any member ofthe Executive Board or the Manager, and their respective officers, agents,
ernployees, and assigns, upon, across, over, in, and under the property anda right to make such use of the property as may be necessary or appropiiateto make emergency repairs or to perform the duties and functions which theAssociation is obligated or permitted to perform pursuant to theAssociation Documents .
Section 8.7. Association as Attorney-in- Fact. Each Owner, by his
acceptance of a deed or other conveyance vesting in him all interest in aUnit, does irrevocably constitute and appoint the Association and/orDeclarant with fuIl power of substitutj-on as the Owner's nane, place andstead to deal wilL) Owner's interest in order to effectuate the rightsreserved by Declarant or granted to the Associatj-on, as appllcable, withful1 power, riqht and authorization to execute and deliver any instrumentaffecting the i-nterest of the, Owner and to take any other action which theAssociation or Declarant may consider necessary or advisable to gi-ve effectto the provisions of this Section and thj-s Decl-aration generally. Ifrequested to do so by the Assocj-ation or Declarant, each Owner shallexecute and deliver a written, acknowledged instrument confirming suchappointment. No Owner shall have the rights against the Association orDeclarant or any of their officers or directors with respect thereto exceptin the case of fraud or gross neqligence.
Section B.B. Del-eoation of Use. Any Ovrner nay delegate his right of
enjoyment to the Common Area to the member of his family, hj.s tenants,guests/ licensees, and invj-tees, but only in accordance with and subjectto the limitations of the Associ-ation Documents.
Section 8.9. Emergency Access Easement. A general easement is herebygranted to all police, sheriff, fire protection, ambuLance, and othersinilar emergency agenci-es or persons to enter Upon the property in theproper performance of their duties.
Section B. 10. Driveway Easements. Certain Lots shal-l- have portionsof a driveway shared in common with an adjacent Lot (such driveway areas,a I'Common Driveway"), and there is hereby granted a non-exclusive easementfor ingress and egress purposes over and across those portions of a Lot onwhich a common Driveway is l-ocated and which are more paltlcularly notedon the plat. No Owner shall hinder nor permit his guest to hinder
reasonable access by the other Ovtner into his Lot via such Conunon Driveway.The costs of all rnaintenance, repair and improvement to such Common
Driveway shall be borne equally between all owners within the Associationas provided in Article XIf.
ARTICLE TX
MAINIENANCE A}TD I,ANDSCAPING
Section 9. 1-. Maintenance and Landscaping of Lots.
(a) The Association shall maintain and keep the
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landscaping on each rot, including but not limited to arL landscaping andirrj-gation systems, in good repair, and the costs of such maintenance andrepair shall be funded in accordance with Article XII. This naintenance
and repair shaLl include, but shall not be limited to, upkeep, repair andrepracement, subject to any insurance then in effect, of al-I landscapinglocated. in the Lots .
(b) Utility or service connections, facilities orother utility equipment and property located in, or upon a lot which isused solely to suppry a servi.ce or utility to such 1ot shall be owned bvthe owner of the Lot using such utility or service and alr expenses anlliabilities for repair maintenance shal-l- be borne solely by the owner ofsuch L,ot who shall- have a perpetual easement in and to that part of suchother Lots containing such property for purposes of maintenance, repair andinspection No owner sha11 construct any structure or improvement or makeor suffer any structural or design change (incl-uding a color schemechange), either permanent or temporary and of any type or nature whatsoeverto the exterior of his residence or construct any addition or improvementon his L,ot without first obtaining the prior wri-tten consent thereto fromthe Design Review Board of the community planning Department for the Townof Vai1, or the successors thereto.
section 9,2. conmon Area sidewalks and Driveways. The Associationshall- maintain the common Area, lncluding but not lirnited to all sidewalks,paths, drj.veways, retainage wa1ls, gates, Iandscaping, sj_gnage andirrigation systems. The maintenance provided under this secfion sharlinclude snowplow services and snow removal located in the common Area. Themaintenance provided under this section shall be performed at such time andin such a manner as the Association shall determi-ne.
section 9.3. Maintenance contract. The Association or ExecutiveBoard may employ or contract for the services of an individual ormaintenance company to perforn certaj-n delegated powers, functions, orduties of the Association to maintain the common Area. The emprovedindividual or maintenance company shal-L have the authority to make bubqeieaexpenditures and other necessary expenditures not to e-xceed $1,000:00.The Executive Board shall not be liable for any omission or improperexercise by the employed individual or management company of any- duiy,povJer, or function so delegated by written instrument executed bv or onbehalf of the Executive Board.
section 9.4 owner's failure to Maintain or Repair. rn the event thata r,ot and the improvements thereupon are not property maintained andrepaired by an owner, or in the event that the improvements on the l,ot aredamaged or destroyed by an event of casualty and the owner does not takereasonable measures to diligently pursue the repair and reconstruction ofthe damaged or destroyed improvements to substantially the same conditionin which they existed pri-or to the damaqe or destruction, then theAssociation, after prior written notice to the owner and with the approvalof the Executive Board, shal-1 have the right to enter upon the -iot toperform such work as is reasonably required to restore the Lot and thebuildings and other improvernents thereon to a condition of good order andrepair. A11 costs incurred by the Association in connection with therestoration shal-l be reimbursed to the Assocj.ation by the ovrner of the L,ot,upon demand. AlL unreimbursed costs shall be a lien upon the I,ot untilreimbursement is made. The rien nay be enforced in the same manner as ali-en for an unpaid assessment levied in accordance with Article XII of this
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Declaration.
ARTICLE X
INST'RANCE
Section 10.1. General Insurance Provisions. The Association shallmaj-ntain, to the extent reasonably avaiLabl-e:
(a) Property Insurance on the Comrnon Area for broad forrn
covered causes of 1oss,' except that the total amount of insurance must benot less Lhan the ful} j.nsurable replacement costs of the insured propertyless applicable deductibles at the time the insurance is purchased and ateach renewal date, exclusive of l-and, excavations, foundations, paving
areas, Iandscapi-ng and other i-tems normally excluded frorn propertypolicies,' ancl
(b) Corunercial general liabitity insurance against claims andIiabilities arising in connection with the ownership, existence', use, or
management of the Conunon Area and the Association, in an amount, if any,
deemed sufficient j-n the judgment of the Executlve Board, i-nsuring theExecutive Board, the Association, the Manager, and their respective
empfoyees, agents, and all persons acting as agents. Declarant sha1l be
lncluded as an addj-tionaL insured in Declarant's capacity as an Owner andExecutive Board member. The Owners shall be incLuded as additi-onal insuredbut only for claims and liabilities arising in connectj_on with the
ownership, existence, use, or management of the Connnon Area, The j-nsurance
shal-I cover claims of one or more insured parties against other insuredparties.
(c) The Association may carry such other and further insurancethat the Executive Board considers appropri-ate, including insurance onUnits that the Association is not obligated to insure to protect theAssociation or the Owners.
Section 10.2 Cancellation. If the i_nsurance described in Section10.1 is not reasonably availabl-e, or if any policy of such insurance is
canceled or not renewed without a replacement policy therefore having beenobtained, the Association promptly shall cause notice of that fact to be
hand deli-vered or sent prepaid by United States nail to all Owners.
Section 10.3 Policy Provisions fnsurance policies carried pursuantto Section 10.1 must provi.de that:
(a) Each Owner is an insured person under the policy withrespect to tiability arising out of such Owner's membership in theAssociation;
(b) The insurer waives its rights to subrogation under thepolicy against any Owner or member of his household,-
(c) No act or omission by any Owner, unless acting within the
scope of such Owner's authority on behalf of the Association, will void thepolicy or be a condition to recovery under the policy,. and
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orher insurun..(ii .ff'l'" :T#ff: :.*:id'fi'. il"?i;i";";li:: i;the policy, the Associations policy provj_des primary insurance,
section 10-4 rnsurance proceeds. Any loss covered by the propertyinsurance policy described in section 10.1- must be adjusteo,iitii tnlAssociation, but the insurance proceeds for that loss shaIl be payable ioany insurance trustee designated for that purpose, or otherwisJ to theAssociation, and not to any holder of a securily interest. The insurancetrustee or the Assoclation shall hold any insurance proceeds in trust forthe owners and Mortgagees as their interests rnay appear. subject to theprovisions of section 10-? below, the proceeds must be disbursed first forthe repair or restoration of the damaged property, and the Association,owners and Mortgagees are not entitled to receive payment of any portionof the proceeds unless there is a surplus of proceeds after the bamagedproperty has been completely repaired or restored or the regime created bythis Decl-aration is terrninated.
Section 10.5' Association Policies. The Associati.on may adopt andestablish written nondj-scriminatory policies and procedures relalinq io thesubmittal of claims, responsibirity for deducti-bles, and any other mattersof clains adjustment. To the extent the Association setiles claims fordarnages to real property, it shall have the authority to assess negrigentOwners causing such l-oss or benefiting from such repair or restorati-on allor any equitable porti.on of the deductibres paid by the Association.
secti-on 10.6. rnsurer obligation. An insurer that has issued aninsurance policy for the insurance descrj.bed in section 10. r shalr issuecertificates or memoranda of insurance to the Association and, uponrequest, to any olrner or Mortgagee, unless otherwise provided by statute,the insurer issuing the poli-cy may not cancel or refuie to renew it until-thirty (30) days after notice of the proposed cancel-lation or nonrenewalhas been mailed to the Association and to each owner and Mortgagee to whoma certificate or rnemorandum of insurance has been i-ssued at theirrespectj_ve l_ast-known addresses.
Section 10,?. Reoair and Reol-acemenr.
(a) Any portion of the Corunon Area for which insurance isrequired under this Article which is damaged or destroyed must be repairedor replaced promptly by the Association unLess:
(i) The regime created by this Declaration is terminated,.
(ii) Repair or replacement would be illegal under any stateor Local statute or ordinance governing health or safely;
(iii) Seventy-Five percent (?5t) of the Owners vote not torebuild; or
(iv) prior to the conveyance of any Unit to a personother Declarant, the Mortgagee holding a deed of trust br mortgage on thedamaged portion of the Common Area rightfully demands al-l or a lubstantialpart of the insurance proceeds.
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(b)The cost of repair or replacement in excess of insuranceproceeds and reserves is a Conmon Expense. If the entire CoNnon Area is notrepaired or replaced, the insurance proceeds attributabl-e to the damaged
common Area must be used to restore the damaged area to a conditioncompatibre with the remainder of rnnsbruck Meadows, and except to theextent that other persons wil-1 be distributee, the insurance proceeds mustbe distributed to all the owners or Mortgagees as there interests mayappear in proportion to the common Expense liabilities of alr the units.
section 10.8. common Expenses - premi-ums for insurance that theAssoc.iation acguires and other expenses connected with acquj-ring suchj-nsurance are Common Expenses.Section 10. 9. Fidelity Insurance. To the extent reasonablvavailable, fidelity insurance must be maintained by the essociation toprotect against dishonest acts oil the part of- its officers, directors,trustees, and enployees and on the part of al-1 others who handle or areresponsibre for handling the funds belonging to or adrninistered by theAssociation in an amount not less than two months' current AssessmentJ plus
reserves as carculated frorn the current budget of the Association. rrtaddition, if responsibility for handlj-ng funds is deregated to a Manager,such bond may be obtained for the Manager and its officers, employees, andagrents, as applicable. Any such fidelity coverage shall name theAssociation as an obri.gee and such bonds shall contain waivers by theissuers of all defenses based upon the exclusion of persons serving wilhoutcompensation from the definition of "emnlovees-'r c,r similar terrns orexpressions.
Section 10.10. I{orlsnan's Compensation fnsurance. The Executive BoardshalI obtain workmen's conpensation or similar insurance with respect toits employees, if applicable, in the amounts and forms as mav now orhereafter be reguired by law
Section 10.11 Other Tnsur:ance.
insurance against such other risks of ashall deem appropriate with respect to
and duti-es.
The Executive Board may obtainsimilar or dissimiLar nature as itthe Association' s responsibiliti-es
section 10.12. rnsurance obtained Bv owners, Each owner may obtainphysical damage and liability insurance for such owner's benefit, at suchOwner's expense. covering the Owner's Lot and improvements, personalproperty and personal liability (except to the extent any such Lot isencumbered by an easement conveyed to the Associ-ation as common Area). rnaddition, an Owner may obtaj-n such other and addi-tional insurance coverageon the l,ot as such owner in the owner's sole discretion shal-r concrude lobe desirabLe; provided, howeve!, that none of such insurance coverageobtained by the o\rner sha11 operate to decrease the amount which theExecutive Board, on behalf of a}l okrners, may reari-ze under any policymaintained by the Executive Board or otherwise affect any insurancicoverage obtained by the Associati-on or cause the diminuti-on or terminationof that insurance coverage. Any insurance obtained by an owner sharrinclude a provision waving the particular insurance comlpany's, right tosubrogation against the Association and other owners, including Decrirant,shoufd Decl-arant be the owner of any lot. No ovrner sharl- obtain separateinsurance policies on the Common Area.
All- owners are reguired to maintain on file copies of all suchcurrent poricies with the Association to evi.dence their obligations
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hereunder and to facilitatebv the Association.recovery of all appropriate awards or proceeds
ARTICLE XI
INCIDENTS OF O}I}IERSHIP IN
INNSBRUCK ME.ADOWS
Section 11. fnseparability. Every gift, devise, bequest, transfer,encumbrance, conveyance, or other disposition of a 1ot and improvementsthereon shall be presumed to be a gift, devise, bequest, transfer,encumbrance or conveyance respectively of the entire Lot, j-ncludj-ng eacheasement, license and aLL other appurtenant rights cxeated by law or bythi-s Declaration.
secti-on 11.2. No Partition. The common Area sha1l be owned bv theAssocj.ation, and no owner, group of owners, or the Association shall 6ringany action for partition or division of the Comrnon Area.
Section 11.3. Residential Use/Declarant, s Use.
(a) Residential Use. A Lot may be used for residentialpurposes onry. The improvements on the lot may be used for permanent orshort-term occupancy by its Owner, its family, servants, agents, guests,invitees, and tenants, and such owner shall be allowed to renc or arrangefor rental of its improvements for any length of time, except that suchimprovements may not be used as an office or for any othei commercialpurpose. Notwithstanding, the designated employee housing units ("EHU's'';on Lots 5, 9, 13, and 14, fnnsbruck Meadows, shall be used soleLv forresidentiaL purposes and further restricted pursuant to the require-mentsof sectj-on 18.57.060 of the Municipal code of the Town of vail, colorado.
(b) Declarant's Use. Declarant is authorized to maintaina sales office or property managernent office in any unsold unit or commonArea, as well- as other facilities, (including signage and model) which, inthe sole opinion of Declarant, may reasonably be necessary, convenient orincidentaL for constructing sares or properry management purposes. Anyoffice located on a Lot sha11 not be deemed to designate such ofiice or LoLas part of the common Area. Declarant may assign his right.s under thisparagraph.
ARTICTE XII
ASSESSMENTS
Section l-2.l-. Obliqation
(a)Each Owner,, by accepting a deed for a Unit, is deemed tocovenant to pay to the Assocj-ation (1) the Monthly Assessments imposed bythe Executive Board as necessary to meet the cornrnon Expenses oirnaintenance, operation, and nanaqement of the corunon Area and Lo performthe functions of the Association; \21 Special Assessrnents for tapital
improvements and other purposes as stated in this Declaration, if perrnittedby law; and (3) Default Assessments which may be assessed againlt a unitfor the owner's failure to perform an obligation under the Association
Documents or because the Association has incurred an expense on behalf ofthe Owner under the Association Documents.
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Section 12.2. PurDose of Assessments. The Assessnents shal-l- be usedexclusivel-y to promote the hearth, safety and r,relfare of the owners and
occupants of Innsbruck Meadows, and for the improvement and maintenance ofthe Common Area, as more fully set forth in this Art.icle below.
Section 12.3. Budget. t{ithin thirty (30) days before the adoptionof any proposed budget. for the Association, the Executive Board shal1 mail,by ordinary first-class maj.l, or otherwise deliver it summary of the budgetto all the Owners and sha1l set a date for a meeting of such Owners toconsider ratification of the budqet not less than fourteen (14) nor morethan sixty (60) days after rnaj-ling or other delivery of the sunmary.Unless at that rneetingr a majority of aJ-l- Owners reject the budget, the
budget is ratified, whether or not a quorum is present. fn the event. thatthe proposed budget is rejected, the perj-odic budget last ratified by such
Ovrners must be continued until such time as the Owners ratify a subsequentbudget proposed by the Executive Board.
The Executive Board sha1l adopt a budget and submit the budget t.o a voteof the Owners as provided herein no less frequently than annually. TheExecutive Board shall levy and assess the Monthly Assessments in accordancewith the nonthly budget.
Section L2.4. Monthly Assessment-s. Monthly Assessments for CommonExpenses made shall be based upon the estimated cash requirements as theExecutive Board shalL from time to time determine to be paid by aII of theOwners subject to Section 12.3 above. Estimated Common Expenses shallinclude, but shall not be limited to, the cost of routine maintenance andoperation of the Common Area,' expenses of management; taxes and speci_algovernmental assessments pertaining to the common Area and insurancepremiums for insurance coverage as deemed desirab_le or necessary by theAssociation; trash removal; snow plowing and removali landscaping andirrigation systems, care of grounds wi-thin the Common Area and the Lots,.routine repairs and renovations within the Common Area; wages.. colunon waterand utility charges for the Common Area, including the water for thelandscaping of all Lots; legal and accounting fees,. management fees;
expenses and liabilities incurred by the Association under or by reason ofthis Declaralion; payrnent of any default remaining from a previous
assessment period; and the creation of a reasonable contingency or otherreserve or surplus fund for general. routine maintenance, repairs, and
replacement of irnprovements within the Common Area on a periodic basis, as
needed .
Monthly Assessments shalL be payable on a prorated basis each yearin advance and shall be due on the first day of each month. The omissionor fail-ure of the Association to fix the Monthl-y Assessments for any
assessment period shall- not be deemed a waiver, modification, or releaseof the Owners from their obligation to pay the same. The Association shallhave the right, but not the obligation, to make prorated refuncls of any
Monthly Assessments in excess of the actual expenses incurred in any fiscalyear. Declarant shall not have to pay assessments for any Units which havenot received a Certificate of Occupancy.
section 12.5. Apportionment of Monthl.v Assessments. Each Owner shall
be responsible for that owner's share of the Conunon Expenses, which shall
be divicled egually among the Units. Secondary units shall pay an amount
equal to 50? of the assessment of the primary units.
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Section 12.6. Snecial Assessrnents. In addition to the Monthly
Assessments authorized by this Article, the Association may levy in anyfiscal year one or more Special Assessnents, if permitted by applicable
Iaw, payable over such a period as the Association may determine, for thepurpose of defraying, in whole or in part, the cost of any construction orreconstruction, unexpected repair or replacement of improvernents within the
Common Area or for any other expense incuued or to be incurred as providedin this Declaration. This Section 12.6 shall- not be construed as anindependent source of authority for the Association to incur expense, butshal-I be construed to prescribe the manner of assessing expenses authorizedby other sectj.ons of this Declarati_on, and in acting under this Section,the Association sha11 make specific references to this section. Any amountspursuant to this section shall be assessed to owners in the same proportion
as provided for in Monthly Assessments in Articl_e XII, Section 12.4,subject to the reguirements that any extraordinary maintenance, repair orrestoration work on fewer than afl of the Units shall be borne bv the
or,rners of those affected Units onIy,. and any extraorclinary insurance tostsincurred as a result of the varue of a partj-cular owner's residence or theactions of a particular Owner (or his agents, servants, guests, tenants,or invitees) shall be borne by that owner. Notice in writing in the anountof such Special Assessments and the time for payment of the Special
Assessments shall- be given promptly to the Owners, and no palment shatl bedue less than thirty (30) days after such notice shall have been given.Special Assessments are currently restrj-cted under the Act.
Section 12.7. Default Assessments. Any expense of the Association
which is the obligation of an Owner or which is incurred by the Associati-on
on behalf of the Owner pursuant to the Associatj_on Documents, shall be aDefault Assessment ancl shal1 become a l-ien against such Ownerrs Unit which
may be forecLosed or otherwise collected as prov5-ded in this Declaration.Notice of the amount and due date of such Default Assessment shal-l be sentto the Owner subject to such Assessment at least 30 days prior to the duedate.
Section 12.8 Effect of Nonparrment; Assessment tien. Any Assessnentinstal-Iment, to any Monthly, Speci-a], or DefauLt Assessment, which is notpaid within thirty (30) days after its due date shal-l be delinquent. Ifan Assessment installment becomes delinquent, the Association, in its solediscretion, may take any or all- of the following actions:
(a) Assess a late charge for each delinquency in such amountas the Association deems appropriate;
(b) Assess an interest charge frorn the date of delinquencyat the at the yearly rate of two points above the prime rate charged by theAssociation's bank, or such other rate as the Executive Board mayestablish, not to exceed twenty-one percent (218) per annumi
(c) Suspend the voting rights of the Owner during any periodof delinquency.
(d) Accelerate the remaj.ning Assessment instal-l-ments so thatunpaid Assessment.s for the remainder of the fj-scal vear sha11 be due andpayable at once;
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obligated
below.
(e) Bring an action at l-aw against any owner personallyto pay the delinguent Assessments,' and(f) Proceed with foreclosure as set forth in nore detail.
Assessments chargeable to any Unit shall constitute a Iien on such Unit.The Association may institute foreclosure proceedings against thedefaulting Owner's Unit in the manner for foreclosing a mortgaqe on realproperty under the l-aws of the State of Colorado. fn the event of any such
foreclosure, the Owner shall be Liable for the amount. of unpaid
nsses-.imcnl:s, any pcna.l.t--:i.es and intcrest: t-hcr:eon, l-he cost ancl expcnses of
such proceedings, the cost and expenses for filing the notice of the clain
and lien, and all reasonable attorneyr s fees incurred in connection withthe enforcement of the Lien. Assocj-ation shall have the power to bid ona Lot at foreclosure sale and to acquire and ho1d, lease, mortgage, and
convey the sarne,
Section 12.9. Per:sonal Oblioation. The amount of any Assessment
chargeable against any Unit shal-1 be a personal and individual- debt of the
owner of same. No owner may exempt himself fron liability for the
Assessment by abandonment of his Unit or by waj-ver of the use or enjoyment
of all" or any part of the Common Area. Suit to recover a money judgment
for unpaid Assessments, any penalties and interest thereon, the cost and
expenses of such proceedings, and all reasonable attorney's fees in
connection therewith shaJ-l be rnaintainable without foreclosing or waiving
the Assessment lien p::ovided in this Declaration.
Section 12.10. Successor's Liabili-tv for Assessments; Subordinationof Lien. The provis j-ons of the Act sha}l govern and control (a) theobligations of successors to the fee simple title of a Unit on which
Assessments are delinquent and (b) the subordination by the lien of the
AssessmenLs provided for in this Decl-aratj-on.
Section I2.1L Pavment bv Mor:taagee. Any Mortgagee holding a lien ona Unit may pay any unpaid Assessment payable vrith respect to such Unit,
together with any and all costs and expenses incurred with respect to the
Iien, and upon such payment that Mortgagee shal1 have a l-ien on the Unit
for the amounts paid with the sane priority as the l-ien of the Mortgage.
Section ]-2.L2.Statement of Status of assessment Pavment.Upon
palment of a reasonable fee set from time to time by the Executive Board
and upon fourteen (14) days' written request to the Manager or the
Associationr s registered agent, any owner, Mortgagee, prospective
Mortgagee, or prospectj-ve purchaser of a Unit shalL be furnished with awritten statement setting forth the amount of the unpaid Assessments, if
any, with respect to such Unit. Unless such statement shall be issued bypersonal delivery or by certified mail, first class postage prepaid,
return receipt requested, to the inquiring party (in which event the dateof posting shall be deemed the date of clelivery) within fourteen (14)
days, the Association shall have no right to assert a l-ien upon the Unit
over the inguiring party's interest for unpaid Assessments which were due
as of the date of the request.
Section 12.13 Capitalization of the Associ-ation. Upon acquisition of
record title to a Unit from Declarant or any seller after Declarant, each
Ovrner shall contribute to the working capital and reserves of the
Association all amount equal to three times (3X) the Monthly Assessment
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determined by the Executive Board. Such payrnents shall- not be consideredadvance palments of Monthly Assessments. The unused portion of the
working capital deposit shall be returned to each Or,rner upon the sale ofhis Unit, provided that the new purchaser of the Unlt has cteposited therequired working capital deposit with the Association.
ARTICLE XTTI
ASSOCIATION AS ATIORNEY-IN-FACT
!:ach Owner hereby irrevocabLy appoints t-lte Association as the
Owner's true and lawful attorney-in-fact for the purposes of dealing withany inprovements covered by insurance written in t.he name of theAssociation pursuant to Article X upon their danage or destruction asprovided in Article XIV, or a compLete or partiaL taking as provided inArticl-e XV below. Acceptance by a grantee of a deed or other instrumentof conveyance from Decl-arant or any other Owner conveying any portion ofthe Property shall constitute appointment of the Association as thegrantee' s attorney-in-fact, and the Association shal-l have full-authorization, right, and power to make, execute, and dei-iver anycontract, assignrnent, deed, wai.ver, or other instrument with respect tothe interest of any Owner which may be necessary to exercise the powersqranted to the Association as attorney-in-fact.
ARTICLE XIV
DAIIIAGE oR DESTRUCTION
Section 14.1-. The RoLe of t-he Executive Board. Except as provided
in Sectj-on L4.6., in the event of damage to or destruction of atl or partof any Conmon Area improvement, or other property covered by insurancewritten in the name of the Association under Article X, the Executi.ve
Board shall arrange for and supervise the prompt repair and restorationof the damaged property (the property insured by the Association pursuantto Articl-e X is sometimes referred to as the "Association-Insured
Property" ) .
Sectlon 14.2. Estimate of Damages and Destruction. As soon aspracticable after an event causing damage to or destruction of any partof the As sociation-Insured Property, the Executive Board sha1l, unless
such damage or destruction shall- be minor, obtain an estimate or estimatesthat it deems relj-able and complete of the costs of repair and
recons t.ruction. "Repair and reconstruction" as used in Article XIV sha]l
mean restoring the damaged or destroyed i-mprovernents to substantiatJ-y the
sane condition in which they existed prior to the damage or destruction.
Such costs may also include professional fees and premiums for such bonds
as the Executlve Board or the Insurance Trustee, if any, determines to be
neces sary .
Section 14.3. Repair ancJ Reconstn,rction. As soon as practical afterthe damage occurs and any required estimates have been obtained, theAssociation shall diligently pursue to completion the repai_r andreconstruction of the damaged or destroyed Associati-on-Insured Property.
As attorney-in-fact for the Ovrners, the Association may take any and all
necessary or appropriate action to effect repair and reconstruction of any
damage to the Association-Insured Property, and no consent or other actionby any Owner shall be necessary. Assessments of the Association shalf not
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be abated during the period of insurance adjustments and repair andreconstruction.
Section L4.4. Funds for Renair and Reconstruction. The proceedsreceived by the Association from any hazard insurance carried by theAssociation shaLl be used for the purpose of repair, replacement, andreconstruction of the Association-Insured Property.
If the proceeds of the Associatj-on's insurance are insuffi-cient topay the estj-rnated or actual cost of such repair, replacement, orreconstruction, or if upon completion of such work the insurance proceedsfor the payment of such work are insufflcient, the Association may,pursuant to Article Xff, Section 12.6. but subject to applicable law,levy, assess, and co.l-lect in advance from the Owners, hrithout thenecessity of a special vote of the owners, a Speclal Assessment sufficientto provide funds to pay such estinated or actual costs of repaj-r andreconstruction. E\rther levies may be rnade in like manner if the amountscollected prove insufficient to complete the repair, replacement, orreconstruction.
Sectj-on 14.5. Disbursement of Funds for Repair and ReconstructionThe insurance proceeds held by the Association and the amounts receivedfrom the special Assessments provided for above, constitute a fund fortire paynent of the costs of repair and reconstructi-on after casualtv.rt shaLl be deemed that the first money disbursed in payment for the coslsof repair and reconstruction shal] be made from insurance proceeds, andthe balance from the speciar Assessments. rf there is a balance remainingafter payment of a1l costs of such repair and reconstruction, such balancesha1l be distributed to the ovrners in proportion to the contributions each
Obrner made as Speci-al Assessments, then in equal shares per Unit, fixstto the Mortqagees and then to the Owners, as their interests appear.
Section 14-6. Decision Not to Rebuild Common Area. If Ownersrepresenting at reast seventy-five percent (?5 t) of the total al-locatedvotes in the Association (other than Declarant) and seventy-five percent(75t) of the Mortgagees holding First Mortgages (based on 1.0 vote foreach Mortgage which encurnbers a unit) and alr directly adversely affectedowners agree i-n writing not to repair and reconstruct improvements withinthe comrnon Area and if no alternative improvements are authorized, thenand in that event the damaged property shall- be restored to its naturalstate and rnaintained as an undeveloped portion of the common Area by theAssociation in a neat and attractive condition. Any remaining insuianceproceeds shaJ-L be distributed in accordance with the Act.
ARTICLE XV
CONDEMI..IATION
Section l-5. 1. Rights of owners. Whenever a1l or any part of the
common Area shal-l be taken by any authority having power of condemnationor eminent domain or whenever all or any part of the common Area isconveyed in lieu of a taking under threat of condemnation by the ExecutiveBoard acting as attorney-in-fact for aLl owners under initructions fromany authority havj.ng the power of condemnation or eminent domain, eachOwner shall- be entitled to notice of the taklng or conveying. TheAssociation shall act as attorney-in-fact for all Owners in the
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proceedings incident to the condemnation proceeding, unless otherwiseprohibited by law.
Section 15 .2 - Partial Condernnation: Distribution of Award;Reconstruction. The award made for such takinq shal-r be payable to theAssociation as trustee for those Owners for whom use of the Corunon Area
v/as conveyed, and the award shall be disbursed as follows:
ff the taking involves a portion of the Common Area on whichinprovements have been constructed, then, unless within sixty (60) daysafter such taking Decl-arant and owners who represent at least seventy-fj.ve(?5E) of the Class A votes of all_ of the Owners shal] otherwise agree, theAssociation shalL restore or repl-ace such improvements so taken on theremaining land incruded in the common Area to the extent lands areavailabre for such restoration or repracement in accordance with plans
approved by the Executive Board, and the Design Review connittee operatingunder the Master Declaratj-on. rf such improvements are to be repaired orrestored, the provisions in Artj.cl-e xv above regarding the disbursementof funds in respect to casualty damage or destruction which is to berepaj-red sha1l apply. rf the taking does not involve any improvernents onthe Common Area, or if there is a decision made not to repair or restore,or if there are net funds remaining after any such restoration orreplacement is completed, their such alrard or net funds shall bedistributed in equal shares per Unit among the Owners, first to theMortgagees and then to the Owners, as their interests appear.
Section 15.3- Conplete Condemnation. If all of the property istaken, condemned, sold, or otherwise disposed of in lieu of or inavoidance of condernnation, then the regri-me created by this Declarationshall terminate, and the portion of the condemnatlon award attributableto the Conmon Area shall be distributed as provj_ded in Article XfV,Section 14 .5. abowe .
ARTICLE XVI
USE RESTRICTIONS
Section 16.1. Animals. No animals nay be kept, maintained, or bredon any Lot or in any dwelling houses or Structure erected thereon, exceptthat a small number, not to exceed two (21 , of dogs, cats, or simil-ardomestic househol-d pets rnay be kept on or i-n a unit provided they are notkept, bred or maintained for any commercial purpose and provided furtherthat they are kept in such a manner as to avoj-d becoming a nuisance tonei-ghbors or adjoining property or./ners. Dogs shall be kept under fullowner control so as to avoid the disruptj-on of wildl-ife rnigrati-on throughthe Property. Outside doq runs shal} be allowed with prior writtenapproval of the Town of VaiI Design Review Board. Such outside dog runsha1l be constructed of post and rail fencing or any other buildingmaterial deerned consistent with the overall appearance of the property.
Owners shall follow all animal control ordinances as promulgated by the
Tordn of Vaj-l, Colorado .
Sectj-on 16.2. Nuisances. No nuisance shal_I be aintained, allowed orpermitted on any part of the Property, and no use thereof shall_ be nadeor permitted which may be noxious or detrimental to health. No garbage,trash, Ieaves or other waste shal-I be burned upon the property. No lights
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shall be permi-tted which are unreasonably bright or cause unreasonabLeglar9. All possible. steps, consistent with the terms of this Decraratj-on,shal-l be taken to rninimize fire hazards, Notwithstanding the foregoing,decorative holiday righting shall be permitted. No open or exterior-firesshall be permitted except for barbecue fi.res contained within receptaclesdesigned for such use. All barbecue fires, except those fuered bypropane,/natural gas, sha1l be limited to the ground l-eve], spark arresto-rscreens shall be installed on aII chimneys.
secfion 16.3. Rubbish. Each l-,ot and the structures thereon sharl bekept in good order and repair and free of debris, rubbish, trash ancl allautomobires other than those in running condi.tion and currently licensed.All garbage receptacres shal-r includ! bear-proof devices and sharl beplaced in au- encrosed structure designed to house such receptacl-es. Asbest as possible, all trash receptacles shaIl be placed so as to not bevisible from any other Lot's building envelope, as shown on the plat, orfrom the driveway or street easement areas.
Section 16.4. Boats, Trail-ers. etc. No Structure other than adweJ-Iing house shall be used at any time as a residence, eithertemporarily or permanently. No boats, trailers or recreationaL vehi-clesshalL be regularly parked or stored on any l,ot except in a garage. Nocommercial vehicfes shalr be parked on any Lot longer than j-s reasonablynecessary for the drj-ver thereof to perform the business functions towhich the commercial vehicl-e relates.No motorcycles or otherrecreational vehicles designed for off road use shalt be driven on anvpart of the Property, Afr vehicles be parked within a garage unl-ess parkedin a designated outsicle parking space. The garages are not to be usedsolely for storage.
Section 16.5. Signs. No advertising or display signs of anycharacter shall be placed or maintained on any part of the property oron any structure except with the written consent of the Executi-ve Board,except for 1ot or residence identificari nn cirrnc ..\h .r in front of adwelling house by the owner thereof.
Section 16.6. Natural- Environment. The change, dj_sturbance,alteration or impairment of the natural environment of the property,
including wil-dlife habitat, scenic vistas, and open space, shall exceptas necessary for the proper citing of improvements and except as otherwiseexpressly provided in this Declaration to the contrary, be prohibited.
Section 16.7. Fire prevention. If in the Executive Board, s solejudgement, a fire hazard exists on any Lot, the Executive Board shaflprovide the Owner of the Lot a ten (10) day written notice during whichthe said Owner is required to take remedial action to eliminate the fire
hazard set forth in the notice. No additional- notice pursuant to Section16.8 below is required.
Section L6.8 Conductino of Business. No Unit owner or tenant mayconduct their business for profit from the Unit, unless they have receivedwritten consent to do so fron the Executive Board and have obtainedpermission or a license from the Town of Vail to do so.
Section 16.9. Enforcement. In additj.on to and without wai_ving anyother remedies available to the Associati-on, the Association through itsExecutive Board is authorized and empowered, following a ten (10) day
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notice to Owners violating these provisions, to enter upon Units and tocorrect any violation of these covenants and all costs incurred by theAssociation in curing said violations shal1 be borne by the vi.olating
Owner and such costs shall constitute an Assessrnent against the violating
Owner.
ARTICLE XVII
MORTGAGEEIS RIGHTS
The following provisions are for the benefit of holders, insurers,or guarantors of First Mortgages on Units, To the extent applicable,necessary, or proper, the provisions of this Article XVII apply to thisDeclaration and also to the Articles and Bylaws of the Assocj_ation.
Section L7. L. Approval Reouirements. Unless at least seventy-fj_vepercent (?5t) of the Mortgagees holdi.ng First Mortgages against anyportion of the property (based on one vote for each Mortgage owned), andat least seventy-five percent (75t) of the Owners (other than Declarant)have given their prior written approval, the Association shall not beenti-tled to:
(a) By act or omj_ssion seek to abandon, partition, subdivide,se1l, or transfer al-1 or part of the Common Area (provided, however, thatthe granting of easements or rights of vray for public utilities or forother pubh.c purposes consj-stent with the intended use of such Common Areashall not be deemed a transfer wlthin the meaning of this clause),.
(b) Change the method of determining Lhe obligations,
Assessments, dues, or other charges whj-ch may be levied against an Owner,.
(c) Fail to rnaintain insurance required to be maintained
under this Declarati-on,'
(d) Use hazard insurance proceeds for losses to improvementsin the Common Area for other then the rena ir. renl:r'emFnt ,.r
reconstruction of such property.
Section 1-?.2, Title Taken Bv Mortgagee. Any Mortgagee holding aFirst Mortgage of record against a Unit brho obtains title to the Unitpursuant to remedies exercised in enforcing the Mortgage incrudingforeclosure of the Mortgage or acceptance of a deed in 1ieu oiforecLosure, will be liabre for all Assessments due and payable as of thedate title to the Unit (I) is acquj-red, or (ii) could have been acquiredunder the statutes of colorado governing foreclosures, whichever isearlier.
Section 1?.3. Distribution of Tnsurance or Condemnation proceeds. fnthe event of a di.stribution of insurance proceeds or condemnation awardsaLlocable among the Units for losses to, or taking of, a1I or part of the
Common Area, neither the Or"rner nor any other person shaLl take priori_tyin receiving the distribution over the right of any Mortgagee who is Ibeneficiary of a Fj-rst Mortgage aqainst the Unit.
Section 1?.4. Right to Pav Taxes and Charoes. Mortgagees who holdFirst Mortgages against Units may, jointly or singlyr pay tixes or othercharges which are in default and which may or hawe become a charqe against
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any Corunon Area, and nay pay overdue premiums on hazard insurancepolicies, or secure new hazard insurance coverage on the lapse of a policyfor such Common Area, and Mortgagees making such paynents shall be owed
immediate reimbursement therefor from the Association.
ARTTCLE XVIII
DT'RATION OF COVENANTS AIiID A},IENDMENT
Section 18 . 1. .@_The covenants and restrictions of thisDeclaration shall run with and bind the land in perpetuity, subject to thetermination provisions of the Act.
Section 18.2. Amendrnent. This Decl-aration. or any provision of it,
may be amended at any time by Owners holding not less than seventy-fivepercent (75?) of the votes possi-ble to be cast under this Declaration ata meetinq of the Owners called for that purpose and by an instrumentsigned by at least seventy-fj-ve percent (75t) of the Mortgagees holdingFi-rst Mortgages against any portion of the Property (based on one vote for
each Mortgage owned), except as linited by ArticLe XVIf. Any amendmentmust be executed by the President of the Association and recorded, and
approval of such amendment may be shown by attachJ.ng a certlficate of theSecretary of the Association to the recorded instrument certifying theapproval of a sufficient number of Or"rners of the amendment.Notwithstanding the foregoinq, Declarant, acting alone, reserves to itsel-fthe right and power to modify and anend this DecLaration and,/or the plat
to the fullest extent permitted under the Act.
Section 18.3. Revocation. This Declaration shall- not be revoked,except as provided in Article XIV regarding total condernnaLion, withoutthe consent of all- of the Or"rners ewidenced by a written instrument dulv
recorded.
ARTTCTE XIX
LIMIT ON TIMESIIARING
No Owner of any Unit shal1 offer or sell any interest in such Lot undera "timesharing" or "interval ownership" plan, or any similar plan.
ARTICLE )O(
GENER,AI, PROVISIONS
Section 20.1. Restriction on Declarant Powers, Notwithstandinganything to the contrary herein no rights or powers reserved to Declarant
hereunder shall exceed the tine linitations or pernissibl-e extent of suchrights or povrers as restricted under the Act- Any prowision in thisDeclaration in conflict with the reguirenents of the Act shall_ not be
deemed to invalidate such provision is a whole but shalL be adjusted asis necessary to comply with the Act.
Section 20.2. Enforcement. Except as otherwise provided i.n thisDeclaration, the Executive Board, Declarant, or any Owner shall have therj-ght to enforce, by a proceeding at law or in equity, aLl restrictions,condi-tions, covenants, reservations, liens, and charges now or hereafter
imposed by the provisions of thj-s Declaration. Failure by the Executive
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Board of the Association, Declarant, or by any Otirner to enforce any
covenant or restriction contained in this Declaration shall in no eventbe deemed a $raiver of the right to do so thereafter. The prevailing partyin any legal action arising under th.is Declaration shall be ent,itled toreimbursement of al-l costs of such action including, without limitation,
reasonable attorney' s fees .
Section 20.3. Severability . fnvalidation of any one of thesecovenants or restrictions by judgment or court order shall in no wayaffect any other provisions whj-ch shall renain in ful_l force and effect.
Section 20.4. Conflicts Betvreen Docunents. In case of confLictbet$reen this Declaration and the Articles and the Bylaws of theAssociation, this Declaration sharr control . rn case of conflict betweenthe Articles and the Bylaws, the Articles shall_ control_.
Innsbruck Meadow Development, Inc. ,ration
ByJ
Robert Borne, President
STATE OF COLORADO )
)Ss'
COUNTY OF EAGLE )
The foregoing instrument vres acknowledged before ne this _ day of
1995, by Rober€ Borne as Presidenf of Innsbruck Meadows DevelopmenT , Iic.,a Colorado corporation.
a Colorado
WITNESS MY HAND AND OFFICIAL SEAL.
My coMMrssroN EX'IRES : MyCommission Exphes 09/09/2000
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f,.XHIBIT "A"
Lots 11 3, 4, 5, 6, Tracts a and B and Open Space as shown on the second amendment to
the Final Plat of Innsbruck Meadows. Recorded 7-17-1996 in Book 699 at page 999,
County of Eagle, State of Colorado.
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EXHIBIT B
Recorded Easements and Licenses
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t,//r n DECLARATION\'/,v oFI covENANTs, coNDITroNs,
RESTRICTIONS AND BASEMENTS
.,oFI INNSBRUCK MEADows
3 THIS DECLARATToN oF covENANTS, coNDrrroNs, RESTRICTIoNT AND
B -; EASEMENTS of INNSBRUCK MEADoWS (the "Declaration") is matle as of the / day of
tri '-r De( , 1995, by Innsbruck Meadows Development, Inc., a Colorado corpotation (the
R;AffiiT
RECITALS
A. Declarant is owner of that certain real property located in Eagle County, Colorado, ntore
particularly described on the attached Exhibit "A" (the "Property").
B. Declarant desires to create a Planned Comrnunity pursuant to the Colorado Common Interest
Ownership Act as set fbrth in Cololado Revised Statute 38-33.3-101, et. seq. (the "Act") on the real
estate described in Exhibit "A". the name of which is Innsbruck Meadows.
C. Dectarant desires to subject the Property to the covenants, conditions, restrictious, and
easements as set forth herein; provided, however, Declarant intends to enter iDto a separate nlaintenancc
agreement with the Owner(s) of Lots I and l4 for the nraintenance and repair of the landscaping, and the
costs ofsnow plowing and removal, and trash removal.
ARTICLE I
DECLARATION AND SUBMISSION
Declarant hereby declares that the Property shall be held, sold, and conveyed subject to the
following covenants, restrictions and easements which are for the purpose of protecting tlte value and
desirability of the Propelty, and which slrall run with tlre land and be binding on all palties and heirs,
successors, and assigns of parties having any right, title, or interest in all or any pal't of tlte Pt'opelty.
Additionally, Declarant hereby subnrits the real estate to the provisions of the Act.
ARTICLE II
NAME, DIVISION INTO LOTS
Section 2. | . Name. The name of the project is Innsbruck Meadows. The project is a Planned
Community pursuant to the Act.
Section 2.2. Association, 'l'lre narne of tlre association is Innsbruck Mcadows Property
Association, Inc. Declarant has caused to be incorpolated under the laws of the State of Colorado the
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Association as a non-profit corporation with the purpose of exercising the functions as herein set forth'
Section 2.3. Number of Lots. The number of Lots in the project is fourteen (14)' The Declarant
reserves no righs to create additional Los'
Section 2.4. klentification of Lots. The identifrcation number of each Lot is shown on the Plat
recorded concurrentlY herewith'
ARTICLE III,
DEFINITIONS
Section 3.1 . Definitions. The following words when used in this Declaration, unless inconsistent
with the context of this Dectaration, shall have the following meaningd:
A.nAr$g!g$'nmeantheArticlesoflncorporationforlnnsbruckMeadowsProperty
Association, Inc., currentlf6-n file with the Colorado Secretuy of State, and any amendments which may
be made to those Articles from time to time.
B. ,'Assessments" means the Monthly, Special, and Default Assessments levied pursuant
to Article XII below. ar.qrtn*tr are further defined as a Common Expense Liability as deflrned uuder
the Act.
C. ,,Association' means Innsbruck Meadows Property Association, lnc., a Colorado
nonprofit corporation, and its successors and assigns.
D. "Association Documents" means this Declaration, the Articles of Incorporation, and
the Bytaws of tne fusociation, anO any procedures, rules, regulations, or policies adopted under such
documents by the Association'
E. "Bylaws" means the Bylaws adopted by the Association, as amended from time to
time.
F. "Cg@gAIgA' means all the real property and improvements thereon, if any, in
which the Association o*ns an interest for the cornmon use and enjoyment of all of the Owners on a
non+xclusive basis. Such interest may include, without limitation, estates in fee, for terms of years, or
easements. Common Area is further deflrned as a Common Element as defined under the Act'
G. "Common Expenses" means (i) all expenses expressly declared to he common
expenses Uy this pectaration, o, tni nyta*s of the Association; (ii) all other expenses of administering,
g*iting, ionserving, managing, rnaintaining, repairing, or replacing the Common Area; (iii) insurance
premiuili for the insurance-cairied under Article X; and (iv) all expenses lawfully determined to be
common expenses by the Executive Board of the Association'
H. "Egb&SJ" means Innsbruck Meadows Development, Inc., a Colorado corporation,
and its successors and assigns.
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J. 'De:sg[_4,$essmentln means the Assessments levied by the Association pursuant to
Article XII, Section 12.7. below.
K. "Innsbruck Meadowsn shall mean the planrled community created by this Declaration,
consisting of the Property, the Lots, and any other improvements constructed on the Property and as
shown on the subdivision plat depicting the Propeny and designated the Plat of Innsbruck Meadows
recorded in the office of the Clerk and Recorder of Eagle County, Colorado concurrently herewith.
L. "Etrgggglyj!@" means the governing body of the Association elected to perform
the obligations of the Association relative to the operation, maintenance, and managetnent of tlte Property
and all improvements on the Property.
M. 'First Mortcagen means any Mortgage which is not subject to any lien or
encumbrance except liens for taxes or other liens which are given priority by statute.
N. "First Mortgagee" means any person named as a mortgagee or beneficiary in any
First Mortgage, or any successor to the interest of any suclt person under suclt First Mortgage.
O. 'b' means a plot of land subject to this Declaration and designated as a "Lot" on
any subdivision plat of the Property recorded by Declarant in the office of the Clerk and Recorder of
Eagle County, Colorado, together with all appurtenances and irnprovements, now or in the future on the
Lot. Lot is further dehned as a Unit as defined under the Act.
P. 'Manager" shall mean a person or entity engaged by the Association to perform
certain duties, powers, or functions of the Association, as the Executive Board nray autltorize from time
to time.
Association.
a. n!!4bg1" shall mean every person or entity who holds membership in the
R. 'Monthly Assessmentn means the Assessment levied monthly.
S. 'Mortgage" shall mean any mortgage, deed of trust, or other document pledging any
Lot or interest therein as security for payment of a debt or obligation. Mortgage is further defined as
a Security Interest as defined under the Act.
T. "Mgdg3ggg" means any person named as a mortgagee or beneficiary in any
Mortgage, or any successor to the interest of any such person under such Mortgage.
U, '9g!Qt" means the owner of record, whether one or more persons or entities, of fee
simple title to any Lot, and "Owner" also includes the purchaser under a contract for deed covering a
Lot, but excludes those having such interest in a Lot merely irs security for the performance of an
obligation, including a Mortgagee, unless and until such person has acquired fee simple title to the Lot
pursuant to foreclosure or other proceedings. Owner is further defined as a Unit Owner as defined under
the Act.
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v."!!4gnmeansthesubdivisionplatoflnnsbrugkMeadowsdepictingthePloperty
subject to this Declaration and recorded in the records of the Clerk and Recorder of Eagle County'
Colorado contemporaneously herewith and all supplements.and amendments thereto'
W. "propertvn metns and refers to that certain real property described on Exhibit 'A"
attached to this Declaration.
X. ,special Assessment" means an assessment levied pursuant to Article XII, Section
12.6 below on an irregular basis'
y. "successor Declarant'means any party or entity to whom Declarant assigns any or
all of its rights, obligationiJffittt*t us Dectarani as evidenced by an assignment or deed of record
executed by both Declarant and the transferee or assignee and recorded in the office of the clerk and
Recorder of Eagle county, EJot"oo, designating.su-ch party as a S-uccessor Declarant' Upon such
;;;;l;g, Decla'rant's rigirts and obligations-under this Declaratiorr shall cease and terminate to the extent
provided in such document.
Each capitalized term not otherwise defrned in this Dectaration or in the Plat shall have the same
meanings specified or used in the Act'
ARTICLE IV
MEMBERSHIPANDvoTINGRIGHTS;ASSOCIATIoNoPERATtoNS
Section4.l.TheAssociation.EveryownerofaLotshallbeaMemberoftheAssociation.
Membership shall be ippu-Tr.t t to *d may not be separated from ownership of any Lot.
Section 4.2. Transfer of Membership. An Owner shall not transfer, pledge' or alienate his
membership in the Association in .any way, excePt upon the sale or encumbrance of his Lot and then only
to the purchaser or Mortgagee of his Lot'
Section 4.3. Membership. The Association shall have one (l) ctass of membership consisting
of all owners, incluoing G;a;iirant so long as Declarant continues to own an interest in a Lot. Except
as otherwise provided for in this Declaration, each Member shall be entitled to vote in Association
*ttrtr purru.nt to this Declaration on the basis of one vote for each Lot owned' When more than one
person holds an interest in any Lot, alt such persons shall be Members' The vote for such Lot shall be
exercised by one person o, "tittn.tiu"
perroni (who may be a tenant ofthe.Owners) appointed by proxy
in accordance with the Byfu*r. In the absence of a proxy, the vote allocated to the Lot shall be
suspended in the event nrore than one Person or entity seeks to.exercise the right to vote on any one
matter. Any owner of a Lot which is ieased nluy ,ssgn his voting right to tlre tenant, provided that a
copy of a prox' appointing G tenant is fu.rnished io the:secretary of the Association prior to any meeting
in which the tenant a*rr.i'r* the voting right. In no event shall more than one vote be cast with respect
to any one Lot.
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Section 4.4. Comoliance with Association Documents'Each Owner shall abide by and benefit
from each provision. covenant. corrdition' restriction nnd ensemenl
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contnitte<l itt llre Associnl iotr
Oo"ur"no. The obligations, burdens, and benefits of membership in the Association concern the land
and shall be covenants running with each Owner's Lot for the benefit of all other Lots and for the benefit
of Declarant's adjacent properties.
Section 4.5. Book and Records. The Association shall make available for inspection, upon
request, during normal business hours or under other reasonable circumstances, to Owners and.to
Mortgagees, current copies of the Association Documents and the books, records, and financial statements
of the Association prepared pursuant to the Bylaws. The Association may charge a reasonable fee for
copying such materials.
Section 4.6. Manager. The Association may employ or contract for the services of a Manager
to whom the Board may delegate certain powers, functions, or duties of the Association, as provided in
the Bylaws of the Association. The Manager shall not have the authority to nrake expenditures except
upon prior approval and direction by the Board. The Board shall not be liable for any omission or
improper exercise by a Manager of any duty, power, or function so delegated by written instrument
executed by or on behalf of the Board.
Section 4.7. Implied Riehts and Obligations. The Association may exercise any right or
privilege expressly granted to the Association in the Association Documents, and every other right or
privilege reasonably implied from the existence of any right or privilege given to the Association under
the Association Documents or reasonably necessary to effect any such right or privilege. The Association
shall perform all of the duties and obligations expressly imposed upon it by the Association Documents,
and every other duty or obligation implied by the express provisions of the Association Documents or
necessary to reasonably satisfy any such duty or obligation.
ARTICLE V
POWERS OF THE EXECUTIVE BOARD OF THE ASSOCIATION
The Executive Board shall have power to take the following actions:
(a) Adopt and publish rules and regulations governing the use of the Common Area,
including any recreational facilities which rnay be constructed on such property and governing the
personal conduct of the Members and their guests, and the Association may establish penalties, including,
without limitation, the imposition of fines, for the infraction of such rules and regulations;
O) Suspend the voting rights of a Member during any period in which such Member is in
default on payment of any Assessment levied by the Association, as provided in Article Xll, Section 12.7.
Such rights may also be suspended after notice and hearing for a period not to exceed ninety (90) days
for infraction of published rules an<l regulatious, unless such infraction is ongoing, in which case the
rights may be suspended during the period ofthe infraction and for up to ninety (90) days thereafter; and
(c) Exercise for the Association all powers, duties, and authority vested in or delegated to
the Executive Board and not reserved to the Members or Declarant by other provisions of this Declaration
or the Articles or Bylaws of the Association or as provided by law.
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ARTICLE VI
COMMON AREA MAINTENANCE
The Association shall maintain and keep the Common Area in good repair, and the cost of such
maintenance shall be funded as provided in Article XII. This lnainteuance shall include, but shall not be
limited to, upkeep, repair and replacement, subject to any insurance then in effect, of all landsca$ng,
walls, gates, signage, irrigation systems, sidewalks, driveways and improvements, if any (which shall
include without limitation snow removal services), located in the Common Area. ln the event the
Association does not maintain or repair the Common Area, Declarant shall have the right, but not the
obligation, to do so at the expense of the Association.
ARTICLE VII
MECHANIC'S LIENS
Section 7. I No Liability. If any Owner shall cause any material to be furnished to his Lot or
any labor to be performed therein or thereon, no Owner of any other Lot shall under any circumstances
be liable for the payment of any expense incurred or for the value of any work done or material
furnished. All such work shall be at the expense of the Owner causing it to be done, and such Owner
shall be solely responsible to contractors, laborers, materialmen and other persons furnishing labor or
materials to his Lot. Nothing herein contained shall authorize any Owner or any person dealing through,
with or under any Owner to clnrge the Common Area or any Lot other than of such Owner with any
mechanic's lien or other lien or encumbrance whatever. On the contrary (and notice is hereby given) the
right and power to charge any lien or encumbrance ofany kind against the Common Area or against any
Owner or any Owner's Lot for work done or materials furnished to any other Owner's Lot is hereby
expressly denied.
Section 7.2 Indemnification. If, because of any act or omission of any Owner, any mechanic's
or other lien or order for the payment of money shall be filed against the Common Area or against any
other Owner's Lot or an Owner or the Association (whether or not such lien or order is valid or
enforceable as such), the Owner whose act or omission forms the basis for such lien or order shall at his
own cost and expense cause the same to be cancelled and discharged of record or bonded by a surety
company reasonably acceptable to the Association, or to such other Owner or Owners, within twenty (20)
days after the date of filing thereof, and further shall indemnify and save all the other Owners and the
Association harmless fronr and against any and all costs, expenses, claims, losses or damages including,
without limitation, reasonable attorneys' fees resulting therefrom,
Section 7.3 Association Action. Labor performed or materials furnished for the Common
Area, if duly authorized by the Association in accordance with this Deilaration or its bylaws, shall be
deemed to be performed or furnished with the express consent of each Owner and shall be the basis for
the filing of a lien pursuant to law against the Common Area. Any such lien shall be limited to the
Common Area and no lien may be effected against an individual Lot or Lots.<t
579208 B-683 P_202 oF 22
ARTICLE VIII
PROPERTY RIGHTS OF OWNERS
AND RESERVATIONS BY DECLARANT
Section 8.1. Owner's Easement of Eniovment. Every Owner has a right and easement of
enjoyment in and to the Corrunon Area, which shall be appurtenant to and shall pass with the title to
every Lot subject to the provisions contained herein. Certain third persons will also have access to the
Common Area as set forth in the rules and regulations of the Association. Every Owner shall have a
right of access to and from his Lot over and across those portions of the Common Area on which
driveways are located. No Owner shall hinder nor permit his guest to hinder reasonable access by any
other Owner and his guest to the Lots and parking areas.
Section 8.2. Recorded Easements. The Property shall be subject to all easements as shown on
any recorded plat affecting the Property and to any other easements of record or ofuse as of the date of
recordationofthisDeclaration. All easeluentsandlicensestowhichthePropertyispresentlysubjectare
set forth in Exhibit "B". In addition, the Property is subject to those easenents set forth in this Article
Vil.
Section 8.3. Utility Easements. There is hereby created a general easement upon, across, over,
in, and under the Property for ingress and egress and for installation, replacernent, repair, and
maintenance of all utilities, including, but not limited to, water, sewer, gas, telephone, electrical, and
cable communications systems. By virtue of this easement, it shall be expressly permissible and proper
for the companies providing such services to install and maintain necessary equipment, wires, circuits,
and conduits under and over the Property. Such utilities may temporarily be installed above ground
during construction, if approved by Declarant,
Section 8.4. Declarant's Rights Incident to Construction. Declarant, for itself and its successors
and assigns, hereby reserves an easernent for construction, utilities, drainage, ingress and egress over,
in, upon, under and across the Common Area, together with the right tg store materials on the Common
Area, to build and maintain temporary retainage walls, and to make such other use of the Cournron Area
as may be reasonably necessary or incident to any construction on the Lots of improvements on the
Property or other real property owned by Declarant, or other properties abutting and contiguous to the
Property; provided, however, that no such rights shall be exercised by Declarant in a way which
unreasonably interferes with the occupancy, use, enjoyment, or access to Innsbruck Meadows by the
Owners.
Section8.5. GrantofEasements.Exceptions.andExclusions. TheAssociationisherebygranted
the right to establish from time to time, by declaration or otherwise, utility and other easenents, pertnits,
or licenses over the Conrmon Area, for purposes including, but not linrited to, driveways, patlu,
walkways, drainage, recreation areas, parking areas, and to create other reservations, exceptions, and
exclusions for the best interest of all the Owners and the Association, in order to serve all the Owners
within Innsbruck Meadows.
Section E.6. General Maintenance Easement. An easement is hereby reserved to Declarant, and
granted to the Association, and any member of the Executive Board or the Manager, and their respective
officers, agents, employees, and assigns, upon, across, over, in, and under the Property and a right to
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make such use of the Property as may be necessary or appropriate to make emergency repairs or to
perform the duties and functions which the Association is obligated or permittecl to perfornr pursuant to
the Association Documents.
Section 8.7. Associationas Attorney-in-Fact. Each Owner, by his acceptance ofa deed or other
conveyance vesting in him an interest in a Lot, does irrevocably constitute and appoint the Associatibn
and/or Declarant with full power of substitution as the Owner's narne, place and stead to deal with
Owner's interest in order to effectuate the rights reserved by Declarant or granted to the Association, as
applicable, with full power, right and authorization to execute and deliver any instrument affecting the
interest of the Owner and to take any other action which the Association or Declarant may consider
necessary or advisable to give effect to the provisions of this Section and this Declaration generally. If
requested to do so by the Association or Declarant, each Owner shall execute and deliver a written,
acknowledged instrument confirming such appointment. No Owner shall trave any rights against the
Association or Declarant or any of their officers or directors with respect thereto except in the case of
fraud or gross negligence.
Section 8.8. Delegation of Use. Any Owner may delegate his right of enjoyment to the Commou
Area to the members of ltis family, his tenants, guests, licensees, and invitees, but only in accordance
with and subject to the limitations of the Association Documents.
Section 8.9. Emergency Access Easement. A general easement is hereby granted to all police,
sheriff, fire protection, ambulance, and other similar emergency agencies or persons to enter upon the
Property in the proper perfornrance of their duties.
Section 8.10. Drivewav Easements. Certain Lots shall have portions of a driveway shared in
common with an adjacent Lot (such driveway areas, a "Common Driveway"), and there is hereby granted
a non-exclusive easement for ingress and egress purposes over and across those portions of a Lot on
which a Common Driveway is located and which are more particularly noted on the Plat. No Owner
shall hinder nor permit his guest to hinder reasonable access by the other Owner into his Lot via such
Common Driveway. The costs of all maintenance, repair and irnprovement to such Conrnton Driveway
shall be borne equally between all owners within the Association as provided in Article XIl.
ARTICLE IX
MAINTENANCE AND LANDSCAPING
Section 9,1. Maintenance and Landscaping of Lots.
(a) The Association shall maintain and keep the landscaping on each lot, including
but not limited to all landscaping and irrigation systems, in good repair, and the costs of such
maintenance and repair shall be funded in accordance with Article XII. This maintenance and repair shall
include, but shall not be limited to, upkeep, repair and replacenent, subject to any insurance then in
effect, of all landscaping located in the Lots.
O) Utility or service connections, facilities or other utility equipment and property
located in. on or ltpon a Lot which is used solely to supply n servicc or rrtility lo srrclr l.ot slrlll hc owrrctl
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by the Owner of the Lot using such utility or service and all expenses and liabilities for repair and
maintenance shall be borne solely by the Owner of such Lot who shall have a perpetual easernent in and
to that part of such other Lots containing such property for purposes of maintenance, repair and
inspection.
(c) No owner shall construct any structure or improvement or make or suffer any
structural or design change (including a color scheme change), either permanent or temporary and of any
type or nature whatsoever to the exterior of his residence or construct any addition or improvement on
his Lot without first obtaining the prior written consent thereto from the Design Review Board or the
Community Planning Departrnent for the Town of Vail, or the successors thereto.
Section 9.2. Common Area. Sidewalks and Drivewa],s. The Association shall maintain the
Common Area, including but not lirnited to all sidewalks, paths, driveways, retainage walls, gates,
landscaping, signage and irrigation systems. The maintenance provided under this Section shall include
snowplow services and snow removal located in the Common Area. The naintenance provided under
this section shall be performed at such time and in such a manner as the Association slrall deterrnine.
Section 9.3. Maintenance Contract. The Association or Executive Board may employ or contract
for the services ofan individual or maintenance compauy to perlorm certain delegated powers, functions,
or duties of the Association to maintain the Comnlon Area. The enrployed individual or maiutenance
company shall have the authority to make expenditures upon prior approval and dircction of the Executive
Board. The Executive Board shall not be liable for any omission or inrproper exercise by the enrployed
individual or management company of any duty, power, or function so delegated by written instrurnent
executed by or on behalf of the Executive Board.
Section 9.4. Owner's Failure to Maintain or Repair. In the event that a Lot and the
improvements thereupon are not properly maintained and repaired by an Owner, or in the event that the
improvements on the Lot are damaged or destroyed by an event of casualty and the Owner does not take
reasonable measures to diligently pursue the repair and reconstruction of the damaged or destroyed
improvements to substantially the same condition in which they existed prior to the danrage or
destruction, then the Association, after prior written notice to the Owner and with the approval of the
Executive Board, shall have the right to enter upon the Lot to perfortn such work as is reasonably
required to restore the Lot and the buildings and other improvements thereon to a condition of good order
and repair. All costs incurred by the Association in connection with the restoration shall be reimbursed
to the Association by the Owner of the Lot, upon demand. All unreimbursed costs shall be a lien upon
the Lot until reimbursement is made. The lien may be enforced in the sanre manner as a lien for an
unpaid assessment levied in accordance with Article XII of this Declaration.
ARTICLE X
INSURANCE AND FIDELITY BONDS
Section 10.1. Ceneral Insurance Provisions. The Association shall nraintain, to the extent
reasonably available:
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(a) Property insurance on the Common Area for brpad form covered causes of loss;
except that the total arnount of insurance must be not less than the full insurable replacement costs of the
insured property less applicable deductibles at the tilne the insurance is purchased and at each renewal
date, exclusive of land, excavations, foundations, paving areas, landscaping and other items normally
excluded from property policies: and
(b) Commercial general liability insurance against claims and liabilities arising in
connection with the ownership, existence, use, or management of the Common Area and the Association,
in an amount, if any, deerned sufficient in the judgnrent of the Executive Board, insuring the Executive
Board, the Association, the Manager, and their respective employees, agents, and all persons acting as
agents. Declarant shall be included as an additional insured in Declarant's capacity as an Owner and
Executive Board member. The Owners shall be included as additional insureds but only for claims and
liabilities arising in connection with the ownership, existence, use, or management of the Conunon Area.
The insurance shall cover claims of one or more insured parties against other insured parties.
(c) The Association may carry such other and further insurance that the Executive
Board considers appropriate, including insurance on Lots that the Association is not obligated to insure
to protect the Association or the Owners.
Section 10.2 Cancellation. If the insurance described in Section 10. I is not rcasonably available,
or if any policy of such insurance is cancelled or not renewed without a replacement policy therefore
having been obtained, the Association promptly shall cause notice of that fact to be hand delivered or sent
prepaid by United States mail to all Owners.
Section 10.3 Policv Provisions. Insurance policies carried pursuant to Section 10. I rnust provide
that:
(a) Each Owner is an insured person under the policy with respect to liability arising
out of such Owner's membership in the Association;
(b) The insurer waives its rights to subrogation under the policy against any Owner
or member of his household;
(c) No act or omission by any Owner, unless acting within the scope of such Owner's
authority on behalfofthe Association, will void the policy or be a condition to recovery under the policy;
and
(d) If, at the time of a loss under the policy, there is other insurance in the name of
an Owner covering the satne risk covered by the policy, the Association's policy provides primary
insurance.
Section 10.4 Insurance Proceeds. Any loss covered by the property insurance policy described
in Section l0.l must be adjusted with the Association, but the insurance proceeds for that loss shall be
payable to any insurance trustee designated for that purpose, or otherwise to the Association, and not to
any holder of a security interest. The insurance trustee or the Association shall hold any insurance
proceeds in trust for the Owners and Mortgagees as their interests nray appear. Subject to the provisions
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of Sestion 10.7 below, the proceeds must be disbursed first for the repair or restoration of the damaged
property, and the Association, Owners and Mortgagees are not entitled to receive payment of any portion
of the proceeds unless there is a surplus of proceeds after the damaged property has been completely
repaired or restored or the regime created by this Declaration is terminated.
Section 10.5. Association Policies. The Association may adopt and establish written
nondiscriminatory policies and procedures relating to the submittal of claims, responsibility for
deductibles, and any other matters of claims adjustment. To the extent the Association settles claims for
damages to real property, it shall have the authority to assess negligent Owners causing such loss or
benefiting from such repair or restoration all or any equitable portion of the deductibles paid by the
Association.
Section 10.6. Insurer Obligation. An insurer that has issued an insurance policy for the
insurance described in Section 10.I shall issue certificates or memoranda of insurance to the Association
and, upon request, to any Owner or Mortgagee. Unless otherwise provided by statute, the insurer issuing
the policy may not cancel or refuse to renew it until thirty (30) days after norice of the proposed
cancellation or nonrenewal has been mailed to the Association and to each Owner and Mortgagee to
whom a certificate or melnorandum of insurance has been issued at their respective last-known adclresses.
Section 10.7. Repair and Replacement.
(a) Any portion of the Common Area for which insurance is required under this
Article which is damaged or destroyed must be repaired or replaced promptly by the Association unless:
(i) The regime created by this Declaration is terminated;
(ii) Repair or replacement would be illegal under any state or local statute or
ordinance governing health or safety;
(iiD Seventy-Five percent (75%) of the Owners vote not to rebuild; or
(iv) Prior to the conveyance ofany Lot to a person other than Declarant, tfie
Mortgagee holding a deed of trust or mortgage on the darnaged portion of the Corrunon Area rightfully
demands all or a substantial part of the insurance proceeds.
(b) The cost of repair or replacement in excess of insurance proceeds and reserves
is a Common Expense. If the entire Common Area is not repaired or replaced, the insurance proceeds
attributable to the damaged Cornmon Area must be used to restore the damaged area to a condition
compatible with the remainder of Innsbruck Meadows, and except to the extent that other persons will
be distributees, the insurance proceeds must be distributed to all the Owners or Mortgagees, as their
interests may appear in proportion to the Common Expense liabilities of all the Lots.
Section 10.8. Common Expenses. Pretniums for insurance that the Association acquires and
other expenses connected with acquiring such insurance are Conunon Expenses.
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Section 10.9. Fidelity Insurance. To the extent reasonably available, fidelity bonds must be
maintained by the Association to protect against dishonest acts on the part of its officers, directors,
trustees, and employees and on the part ofall others who handle or are responsible for handling the funds
belonging to or administered by the Association in an amount not 'less than two months' current
Assessments plus reserves as calculated from the current budget of the Association. In addition, if
responsibility for handling funds is delegated to a Mauager, such bond may be obtained for the Manager
and its officers, employees, and agents, as applicable. Any such fidelity coverage shall naure the
Association as an obligee and such bonds shall contain waivers by the issuers of all defenses based upon
the exclusion of persons serving without compensation from the definition of "employees," or similar
terms or expressions.
Section 10.10. Workmen's Compensation Insurance. The Executive Board shall obtain
workmen's compensation or similar insurance with respect to its employees, if applicabte, in the amounts
and forms iui may now or hereafter be required by law.
Section 10. I l. Other Insurance, The Executive Board may obtain insurance against such other
risks of a similar or dissimilar nature as it shall deem appropriate with respect to the Association's
responsibilities and duties.
Section 10.12. Insurance Obtained bv Owners. Each Owner may obtain physical damage and
liability insurance for such Owner's benefit, at such Owner's expense, covering the Owner's Lot and
improvements, personal property and personal liability (except to the extent any such Lot is encumbered
by an easement conveyed to the Association as Common Area. In addition, an Owner rnay obtain such
other and additional insurance coverage on the Lot as such Owner in the Owner's sole discretion shall
conclude to be desirable; provided, however, that none ofsuch insurance coverage obtained by the Owner
shall operate to decrease the amount which the Executive Board, on behalf of all Owners, may realize
under any policy maintained by the Executive Board or otherwise affect any insurance coverage obtained
by the Association or cause the dirninution or termination of that insurance coverage. Any insurance
obtained by an Owner shall include a provision waiving the particular insurance company's rigtrt of
subrogation against the Association and other Owners, including Declarant, should Declarant be the
Owner of any Lot. No Owner shall obtain separate irmurance policies on the Conrnron Area.
All Owners are required to maintain on file copies of all such current policies with the
Association to evidence their obligations hereunder and to facilitate recovery of all appropriate awards
or proceeds by the Association.
ARTICLE XI
INCIDENTS OF OWNERSHIP IN
INNSBRUCK MEADOWS
Section ll.l. lnseoarability. Every gift, devise, bequest, transfer, encumbrance, conveyance,
or other disposition of a Lot and improvements thereon shall be presumed to be a gift, devise, bequest,
transfer, encumbrance, or conveyance respectively of the entire Lot, including each easement, license,
and all other appurtenant rights created by law or by this Declaration. '
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Section 11,2. No Partition. The Common
Owner, group of Owners, or the Association shall
Common Area.
Area shall be owned by the Association, and no
bring any action for partition or division of the
Section 11.3. Residential Use/Declarant's Use
(a) Residential Use. A Lot may be used for residential purposes only. The
improvements on the Lot may be used for permanent or short-term occupancy by its Owner, its family,
servants, agents, guests, invitees, and tenants, and such Owner shall be allowed to rent or arrange for
rental of its improvements for any length of time, except that such improvements may not be used as an
office or for any other commercial purpose. Notwithstanding, the designated ernployee housing units
("EHU's") on Lots 5,9, ll, and 14, Innsbruck Meadows, shall be used solely for residential purposes
and further restricted pursuant to the requirements of Section 18,57.060 of the Municipal Code of the
Town of Vail, Colorado
(b) Declarant's Use. Declarant is authorized to maintain a sales office or property
management office on any unsold Lot or Common Area, as well as other facilities (including signage and
model) which, in the sole opinion of Declarant, may be reasonably necessary, convenient or incidental
for constructing sales or property management purposes. Any office located on a Lot shall not be deenled
to designate such office or Lot as part of the Comrnon Area.
ARTICLE XII
ASSESSMENTS
Section 12.1. Oblieation.
(a) Each Owner, excluding the Owner(s) of Lots I and 14, by accepting a deed for
a Lot, is deemed to covenant to pay to the Association (l) the Monthly Assessments imposed by the
Executive Board as necessary to meet the Common Expenses of maintenance, operation, and nranagement
of the Common Area and to perforrn the functions of the Association; (2) Special Assessnreuts for capitat
improvements and other purposes as stated in this Declaration, if perrnitted by law; and (3) Default
Assessments which may be assessed against a Lot for the Owner's failure to perfornr an obligation under
the Association Documents or because the Association has incurred an expense on behalf of the Owner
under the Association Documents.
(b) The Owner(s) of Lots I and 14, by accepting a deed for such Lot, is deemed to
pay his/her prorata share, by separate agreement with the Association, for the maintenance and repair of
the landscaping and irrigation systenrs, and snow plowing and removal, as attributed to Lots I and 14.
Section 12.2. Purpose of Assessments. The Assessments shall be used exclusively to promote
the health, safety and welfare of the Owners and occupants of Innsbruck Meadows, and for the
improvement and maintenance of the Conuron Area, as more fully set forth in this Article below.
Section 12.3. Budget. Within thirty (30) days after the adoption of any proposed budget for the
Association. the Executive Board shnll ntail, hy orclin;rry firsl-class nmil. or olherwise <lclivcr a surnrnnry
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of the budget to all the Owners, exclusive of the Owner(s) of Lots I and 14, and shall set a date for a
meeting of such Owners to consider ratification of the budget not less than fourteen (14) nor more than
sixty (60) days after mailing or other delivery of tlre surunary. Unless at that meeting a rnajority of all
Owners, exclusive of the Owner(s) of Lots I and 14, reject the budget, the budget is ratified, wherher
or not a quorum is present. In the event that the proposed budget is rejected, tlre periodic budget last
ratified by such Owners nrust be continued until such time as the Owners ratify a subsequent budget
proposed by the Executive Board. The Executive Board shall adopt a budget and submit the budget to
a vote ofthe Owners as provided herein no less frequently than annually. The Executive Board shall levy
and assess the Monthly Assessments in accordance with the monthly budget.
Section 12.4. Monthlv Assessments. Monthly Assessments for Common Expenses made shall
be based upon the estimated cash requirements as the Executive Board shall from tirne to time determine
to be paid by all of the Owners, exclusive of Owner(s) of Lots I and 14, subject to Section 12.3 above.
Estimated Common Expenses shall include, but shall not be limited to, the cost of routine rnaintenance
and operation of the Common Area; expenses of management; taxes and special governmental
assessments pertaining to the Comrnon Area and insurance premiums for insurance coverage as deemed
desirable or necessary by the Association; tglsh4ap6l.ral snow plowing and renroval; landscaping and
irrigation systems, care of grounds within the Common Area and the Lots; routine repairs and
renovations within the Common Area; wages; common water and utility charges for the Cornmon Area,
including the water for the landscaping ofall Lots; legal and accounting fees; nranagement fees; expenses
and liabilities incurred by the Association under or by reason of this Declaration; payment of any default
remaining from a previous assessment period; and the creation of a reasonable contingency or other
reserve or surplus fund for general, routine maintenance, repairs, and replacement of improvernents
within the Common Area on a periodic basis, as needed.
Monthly Assessments shall be payable on a prorated basis each year in advance and shall be due
on the first day of each month. The omission or failure of the Association to fix the Monthly
Assessments for any assessment period shall not be deenred a waiver, modification, or release of the
Owners from their obligation to pay the sarne. The Association shall have the right, but not the
obligation, to make prorated refunds of any Monthly Assessments in excess of the actual cxpenses
incurred in any fiscal year.
Section 12.5. Apoortionment of Monthly Assessments. Each Owner shall be responsible for that
Owner's share of the Common Expenses, which shall be divided equally among the Lots, subject to the
following provisions. All expenses (including, but not limited to, costs of maintenance, repair, and
replacement) relating to fewer than all of the Lots shall be borne by the Owners of those affected Lots
only.
Section 12.6. Special Assessments. In addition to the Monthly Assessments authorized by this
Article, the Association may levy in any fiscal year one or lnore Special Assessrnents, if pernritted by
applicable law, payable over such a period as the Association may deternrine, for the purpose of
defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or
replacement of improvements within the Common Area or for any other expense incurred or to be
incurred as provided in this Declaration. This Section 12.6 shall not be construed as an independent
source of authority for the Association to incur expense, but shall be construed to prescribe the manner
of assessing expelrses authorized by other sections of this Dcclaratiou, and in acting under this Section,
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the Association shall make specific references to this Section. Any amounts assessed pursuant to this
Section shall be assessed to Owners, exclusive of the Owner(s) of Lots I and 14, in the same proportion
as provided for Monthly Assessments in Article XII, Section 12.4., subject to the requirements that any
extraordinary maintenance, repair or restoration work on fewer than all of the Lots shall be borne by the
Owners of those affected Lots only; and any extraordinary insurance costs incurred as a result of the
value of a particular Owner's residence or the actions of a particular Owner (or his agents, seryants,
guests, tenants, or invitees) shall be borne by that Owner. Notice in writing in the amount of suclr
Special Assessments and the time for payment of the Special Assessments shall be given promptly to the
Owners, and no payment shall be due less than thirty (30) days after such notice shall have been given.
Special Assessments are currently restricted under the Act,
Section 12.7. Default Assessments. All monetary fines assessed against an Owner pursuant to
the Association Documents, or any expense of the Association which is the obligation of an Owner or
which is incurred by the Association on behalf of the Owner pursuant to the Association Docunrents, shall
be a Default Assessment and shall become a lien against such Owner's Lot which may be foreclosed or
otherwise collected as provided in this Declaration. Notice of the amount and due date of such Default
Assessment shall be sent to the Owner subject to such Assessment at leait 30 days prior to the due date.
Section 12.8. Effect of Nonpayment: Assessment Lien. Any Assessrnent installnrent, whether
pertaining to any Monthly, Special, or Default Assessment, which is not paid within thirty (30) days after
its due date shall be delinquent. If an Assessment installnlent beconres delinquent, the Association, in
its sole discretion, rnay take any or all of the following actiotrs:
(a) Assess a late charge for each delinquency in such amount as the Association
deems appropriate;
(b) Assess an interest charge from the date of delinquency at the yearly rate of two
points above the prime rate charged by the Association's bank, or such other rate as the Executive Board
may establish, not to exceed twenty-one percent (21%) per annum;
(c) Suspend the voting rights of the Owner during any period of delinquency;
(d) Accelerate all remaining Assessment installments so that unpaid Assessments for
the remainder of the fiscal year shall be due and payable at once;
(e) Bring an action at law against any Owner personally obligated to pay the
delinquent Assessments; and
(f) Proceed with foreclosure as set forth in more detail below.
Assessments chargeable to any Lot shall constitute a lien on such Lot. The Association may
institute foreclosure proceedings against the defaulting Owner's Lot in the nanner for foreclosing a
mortgage on real property under the laws of the State of Colorado. In the event of any such foreclosure,
the Owner shall be liable for the amount of unpaid Assessments, any penalties end interest thereon, the
cost and expenses of such proceedings, the cost and expenses for filing the notice of the clain and lien,
and all reasonable attornev's fees incurred in connection with the enfirrcenrent of tlre lien. 'l'he
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Association shall have the power to bid on a Lot at foreclosure sate and to acquire and hold, lease,
mortgage, and convey the same.
Section 12.9. Personal Obligation. The amount of any Assessment chargeable against any Lot
shall be a personal and individual debt of the Owner of same. No Owner may exempr himself from
liability for the Assessnrent by abandonment of his Lot or by waiver of the use or enjoymlnt of all or lny
part of the Common Area. Suit to recover a money judgment for unpaid, Assessments, any penalties and
interest thereon, the cost and expenses of such proceedings, anct all reasonable attorney's fees in
connection therewith shall be maintainable without foreclosing or waiving the Assessment lien provi<.ted
in this Declaration.
Section 12.10. Successor's Liability for Assessments: Subordination of Lien. The provisions
of the Act shall govern and control (a) the obligations of successors to the fee sinrple title oi a Lot on
which Assessments are delinquent and (b) the subordination by the lien of the Assessrnents provi4ed for
in this Declaration.
section l2.ll. Pavment bv Mortgagee. Any Mortgagee holding a lien on a Lot may pay any
unpaid Assessnent payable with respect to such Lot, together with any and all costs and eipinses
incurred with respect to the lien, and upon such payment that Mortgagee shall have a lien on the Lot for
the amounts paid with the same priority as the lien of the Mortgage.
Section 12.12. Statement of Status of Assessment Pavment. Upon payment of a reasonable fee
set from time to time by the Executive Board and upon fourteen (14) clays'written request to the Manager
or the Association's registered agent, any Owner, Mortgagee, prospective Mortgagee, o, prorp".iiu.
purchaser of a Lot shall be furnished with a written statement setting forth the amount of the unpai4
Assessments, ifany, with respect to such Lot. Unless such statement shall be issued by personal delivery
or by certified mail, first class postage prepaid, return receipt requested, to the inquiring party 1in whicir
event the date of posting shall be deerned the date of delivery) within foutteen 1t+j days, ihe Association
shall have no right to assert a lien upon the Lot over the inquiring party's interest for unpaicl Assessments
which were due as of the date of the request.
Section 12.13 Capitalization of the Association. Upon acquisition of record title to a Lot from
Declarant or any seller after Declarant, each Owner, exclusive of the Owner(s) of Lots I and 14, slrall
contribute to the working capital and reserves of the Association an amount equal to three tinres (3X)
the Monthly Assessment determined by the Executive Board. Such paynrents .hall not be considered
advance payments of Monthly Assessnrents. The unused portion of the working capital deposit shall be
returned to each Owner upon the sale of his Lot, provided that the new purchaser of the Lot iras deposited
the required working capital deposit with the Association.
ARTICLE XIII
ASSOCIATION AS ATTORNEY-IN-FACT
Each Owner hereby irrevocabty appoints the Association as the Owner's true and lawful
attorney-in-fact for the purposes of dealing with any irnprovements covered by insurance written in the
name of the Association pursuant to Article X upon their damage or destruction as provided in ArticleXIV, or a complete or partial taking as provided in Article XV below. Acceptance by a grantee of a deed
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or other instrument of conveyance from Declarant or any other Owner conveying any portion of the
Property shall constitute appointment of the Association as the grantee's attorney-in-fact, and the
Association shall have full authorization, right, and power to make, execute, and deliver any contract,
assignment, deed, waiver, or other instrurnent with respect to the interest of any Owner whictr may be
necessary to exercise the powers granted to the Association as attorney-in-fact.
ARTICLE XIV
DAMAGE OR DESTRUCTION
Section 14.1. The Role of the Executive Board. Except as provided in Section 14.6., in the
event of damage to or destruction of all or part of any Common Area improvement, or other property
covered by insurance written in the name of the Association under Article X, the Executive Board shall
arrange for and supervise the prompt repair and restoration of the damaged property (the property insured
by the Association pursuant to Article X is sornetimes referred to as the "Association-Insured Property").
Section 14.2, Estimate of Damases or Destruction. As soon as practicable after an event causing
damage to or destruction of any part of the Association-lnsured Property, the Executive Board shall,
unless such damage or destruction shall be minor, obtain an estimate oi estirnates that it deems reliable
and complete of the costs of repair and reconstruction. "Repair and reconstruction" as used in Article
XIV shall mean restoring the dantaged or destroyed inrprovenrents to substantially the same condition in
which they existed prior to the damage or destruction. Such costs rnay also include professional fees and
premiums for such bonds as the Executive Board or the Insurance Trustee, if any, deternrines to be
necessary.
Section 14.3. Reoair and Reconstruction. As soon as practical after the damage occurs and any
required estimates have been obtained, the Association shall diligently pursue ro corrpletion the repair
and reconstruction of the damaged or destroyed Association-lnsured Property. As attorney-in-fact for
the Owners, the Association may take any and all necessary or appropriate action to effect repair and
reconstruction of any darnage to the Association-lnsured Property, and no consent or other action by any
Owner shall be necessary. Assessments of the Association shall not be abated during the period of
insurance adjustments and repair and reconstruction.
Section 14.4. Funds for Repair and Reconstruction. The proceeds received by the Association
from any hazard insurance carried by the Association shall be used for the purpose of repair,
replacement, and reconstruction of the Association-Insured Property.
If the proceeds of the Association's insurance are insufficient to pay the estimated or actual cost
of such repair, replacement, or reconstruction, or if upon completion of srch work the insurance proceeds
for the payment of such work are insufficient, the Association may, pursuant to Article XII, Section 12.6.
but subject to applicable law, Ievy, assess, and collect in advance frorn the Owners, without the necessity
of a special vote of the Owners, a Special Assessment sufficient to provide funds to pay such estinlated
or actual costs of repair and reconstruction. Further levies may be made in like manner if the amounts
collected prove insufficient to complete the repair, replacement, or reconstruction,
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Section 14.5. Disbqrsement of Funds for Reoair and Reconstruction. The insurance proceeds
held by the Association and the amounts received from the Special Assessments provided for above,
constitute a fund for thc payment of the costs of repair and reconstruction after casualty. It shall be
deemed that the first money disbursed in payment for the costs of repair and reconstruction shall be made
from insurance proceeds, and- the balance from the Special Assessments. If there is a balance renraining
after payment of all costs of such repair and reconstruction, such balance shall be distributecl to rhi
Owners in proportion to the contributions each Owner made as Special Assessments, then in equal shares
per Lot, first to the Mortgagees and then to tlre owners, as their interests appear.
Section 14.6. Decision Not to Rebuild Common Area. If Owneis representing at least seventy-
five percent (75%) of the total allocated votes in the Association (other than Declaranrl ancl seventy-five
percent (75%) of the Mortgagees holding First Mortgages (based on 1.0 vote for each Mortgage which
encumbers a Lot) and all directly adversely affected Owners agree in writing not to repair ancl reconstruct
improvements within the Comrnon Area and if no alternative improvemenis are aut5orize<J, then an4 in
that event the damaged property shall be restored to its natural state and maintained as an undevelopect
portion of the Common Area by the Association in a neat and attractive condition. Any remainilg
insurance proceeds shall be distributed in accordance with the Act.
ARTICLE XV
CONDEMNATION
Section 15.1, Rights of Owners. Whenever all or any part of the Common Area shall be taken
by any authority having power of condemnation or eminent domain or whenever all or any part of the
Common Area is conveyed in lieu of a taking under threat of condemnation by the Execuiive Board
acting as attorney-in-fact for all Owners under instructions from any authority having the power of
condemnation or eminent domain, eaclt Owner shall be entitled to notice of the taiing or conveying. The
Association shall act as attorney-in-fact for all Owners in the proceedings incident to the condenrnation
proceeding, unless otherwise prohibited by law.
Section 15.2. Partial Condemnation: Distribution of Award; R .onrt..tion. The award madefor such taking shall be payable to the Association as trustee for those Owners for whom use of the
Common Area was conveyed, and the awarrl shall be disbursed as follows:
If the taking involves a portion of the Common Area on which improvements have been
constructed, then, unless within sixty (60) days after such taking Declarant and Owucrs who represent
at least seventy-five (757o) of the Class A votes of all of the Owners shall otherwise agree, the
Association shall restore or replace such inrprovements so taken on the renlaining land includid in the
Common Area to the extent lands are available for such restoration or replacement in accordance with
plans approved by the Executive Board, and the Design Review Committee operating under the Master
Declaration. If such improvements are to be repaired or restored, the provisions in Article XV above
regarding the disbursement of funds in respect to casualty damage or destruction which is to be repaired
shall apply. If the taking does not involve any inrprovenrents on the Comrnon Area. or if theie is a
decision made not to repair or restore, or if there are net funds renraining after any such restoration or
replacement is completed, then such award or net funds shall be distributed in equal shares per Lot among
the owners. first to the Mortg;rgees an<l thcn to thc c)wners. rs their intcrcsts nppcar.
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Section 15.3. Complete Condemnation. If all of the Property is taken, condemned, sold, or
otherwisg disposed of in lieu of or in avoidance of condemnation, then the regime created by this
Declaration shall terminate, and the portion of the condemnation award attributable to the Cornmon Area
shall be distributed as provided in Article XIV, Section 14.5. above.
ARTICLE XVI
USE RESTRICTIONS
Section 16.1. Animals. No animals may be kept, -maintained, or bred on any Lot or in any
dwelling houses or Structure erected thereonr except that a small number, not to exceed two (2), ofdogs,
cats, or similar domestic household pets may be kept on a Lot provided they are not kept, bred or
maintained for any commercial purpose and provided further that they are kept in such a manner as to
avoid becoming a nuisance to neighbors or adjoining property owners. Dogs shall be kept under full
owner control so as to avoid the disruption of wildlife migration through the Property. Outside dog runs
shall be allowed with prior written approval of the Town of Vail Design Review Board. Such outside
dog run shall be constructed of post and rail fencing or any other building material deemed consistent
with the overall appearance of the Property. Owners shall follow all animal control ordinances as
promulgated by the Town of Vail, Colorado.
Section 16.2. Nuisances. No nuisance shall be maintained, atl6wed or permitted on any part of
the Property, and no use thereof shall be made or perrnitted which rnay be noxious or detrimental to
health. No garbage, trash, leaves or other waste shall be burned upon the Property. No lights shall be
permitted which are unreasonably bright or cause unreasonlble glare. All possible steps, consistent with
the terms of this Declaration, shall be taken to mininrize fire hazards. Notwithstatrdiltg the foregoing,
decorative holiday lighting shall be permitted. No open or exterior fires shall be pernritted except for
barbecue fires contained within receptacles designed for such use. All barbecue fires, except those
fueled by propane/natural gas, shall be linrited to the ground level. Spark arrestor screens shall be
installed on all chimneys. No clothes lines shall be allowed.
Section 16.3. Rubbish. Each Lot and the Structures thereon shall be kept in good order and
repair and free of debris, rubbish, trash and all autornobiles other than those in running condition and
currently licensed. All garbage receptacles shall include bear-proof devices and shall be placed in an
enclosed structure designed to house such receptacles. As best as possible, all trash receptacles shalt be
placed so as to not be visible from any other Lot's building envelope, as shown on the Plat, or from the
driveway or street easement areas.
Section 16.4. Boats. Trailers. etc. No Structure other than a dwelling house shall be used at any
time as a residence, either temporarily or permanently. No boats, trailers or recreational vehicles shall
be regularly parked or stored on any Lot except in a garage. No conunercial velricles shall be parked
on any Lot longer than is reasonably necessary for the driver thereof to perform the business functions
to which the commercial vehicle relates. No motorcycles or other recreational vehicles designed for off-
road use shall be driven on any part of the Property. It is recommended that all vehicles be parked within
a garage. The garages are not to be used solely for storage.
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Section 17.2. Title Taken by Mortqagee. Any Mortgagee holding a First Mortgage of record
against a Lot who obtains title to the Lot pursuant to remedies exercised in enforcing the Mortgage,
including foreclosure of the Mortgage or acceptance of a deed in lieu 6f foreclosure, will be liable for
all Assessments due and payable as of the date title to the Lot (i) is acquired, or (ii) could have been
acquired under the statutes of Colorado governing foreclosures, whichever is earlier.
Section 17.3. Distribution oflnsurance or Condemnation Proceeds. In the event ofa distribution
of insurance proceeds or condemnation awards allocable among the Lots for losses to, or taking of, all
or part of the Common Area, neither the Owner nor any other person shall take priority in receiving the
distribution over the right of any Mortgagee who is a beneficiary of a First Mortgage against the Lot.
Section 17.4. Right to Pav Taxes and Charges. Mortgagees who hold First Mortgages against
Lots may, jointly or singly, pay taxes or other charges which are in default and which may or have
become a charge against any Comtnon Area, and nlay pay overdue premiums on hazard insurance
policies, or secure new hazard insurance coverage on the lapse of a policy for such Common Area, and
Mortgagees making such payments shall be owed immediate reimbursement therefor from the
Association.
ARTICLE XVIII
DUMTION OF COVENANTS AND AMENDMENT
Section 18. l. Term. The covetrants and restrictions of this Declaration shall run with and bind
the land in perpetuity, subject to the ternrination provisions of the Act.
Section 18.2. Amendment. This Declaration, or any provision of it, may be amended at any
time by Owners holding not less tltan seventy-five percent (75%) of the votes possible to be cast under
this Declaration at a meeting of the Owners called for that purpose and by an instrurnent signed by at
feast seventy-five percent (75Vo) of the Mortgagees holding First Mortgages against any portion of the
Property (based on one vote for each Mortgage owned), except as limited by Article XVII. Any
amendment must be executed by the President of the Association and recorded, and approval of suclr
amendment may be shown by attaching a certificate of the Secretary of the Association to the recorded
instrument certifying the approval of a sufficient number of Owners of rhe amendment. Notwirhstanding
the foregoing, Declarant, acting alone, reserves to itself the right and power to modify and amend this
Declaration and/or the Plat to the fullest extent permitted under the Act.
Section 18.3. Revocation. This Declaration shall not be revoked, except as provided in Article
XIV regarding total condemnation, without the consent of all of the Owners evidenced by a written
instrument duly recorded.
No Owner of any
"interval ownership' plan,
ARTICLE XIX
LIMIT ON TIMESHARING
Lot shall offer or sell any interest in such Lot under a "timesharing" or
or any sirnilar plan.
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BYLAWS
OF
INNSBRUCK MEADOWS PROPERTY ASSOCIATION. INC.
ARTICLE I
OFFICES
Innsbruck Meadows Property Association, Inc. (the "Association") is a Colorado non-profit
corporation, with its principal office located at 288 Bridge Street, Vail, Colorado 81657. The
Association may also have other off,rces and rnay carry on its purposes at such other places within and
outside the State of Colorado as the Executive Board mav from time to time determine.
ARTICLE TI
DEFINITIONS AND ASSENT
2.01 Definitions. The definitions contained in the Declaration of Covenants, Conditions, Restrictions
and Easements of Innsbruck Meadows (the "Declaration"), as amended from time to time and recorded
in the office of the Clerk and Recorder of Eagle County, Colorado, shall apply to these Bylaws, and all
defined terms used in the Bylaws shall have the same meaning as defined terms used in the Declaration
or the Colorado Common Interest Ownership Act as set forth in Colorado Revised Statutes 38-33.3-101
et. seq. (the "Act").
2.02 Assent. All present or future Owners, their families, present or future tenants, and their guests
and invitees, and any other person using the facilities of Innsbruck Meadows (the "Property") in any
manner are subject to these Bylaws, the Articles of Incorporation for the Association, the Declaration,
and any procedures, rules, regulations, or policies adopted under such documents by the Association (the
"Association Documents " ). The acquisition, rental, or occupancy of any of the Lots in Innsbruck
Meadows shall constitute ratification and acceptance of these Bylaws.
ARTICLE III
MEMBERSHIP, VOTING, QUORUM AND PROXIES
3.1 Membership and Voting. The Association shall be a membership corporation without certificates
or shares of stock. The Association shall have one (1) class of voting membership consisting of all
Owners, and, except as otherwise provided for in the Declaration or Articles of Incorporation, shall be
entitled to vote in Association matters on the basis of one vote for each Lot owned. When more than one
person holds an interest in any Lot, all such persons shall be Members of the Association. The vote for
each such Lot shall be exercised by one person or alternative persons (who may be a tenant of the
Owners) appointed by proxy in accordance with these Bylaws. In the absence of a proxy, the vote
allocated to the Lot shall be suspended in the event more tlnn one person or entity seeks to exercise the
right to vote on any one matter. Any Owner may assign his voting right to a tenant, provided that a copy
of a proxy appointing the tenant is furnished to the Secretary of the Association prior to any meeting in
which the tenant exercises the voting right. In no event shall more than one vote be cast with respect to
any one Lot.
Membership shall terminate automatically without any Association action whenever an Owner ceases
to own a Lot. Termination of membership shdl not relieve or release any former Owner from any
liability or obligation incurred by virtue of, or in any way connected with, ownership of a Lot, or impair
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any rights or remedies which the Association or others may have against such former Owner arising out
of, or in any way connected with, such membership.
3.2 Declarant Control. Notwithstanding anything to the contrary provided for herein, Declarant shall
be entitled during the Declarant Control Period (defined below) to appoint and remove the members of
the Association's Executive Board and officers of the Association, subject to the following restrictions:
(a) Not later than sixty (60) days after conveyance by Declarant of twenty-five percent (25%) ot
the total number of Lots, including all Units permitted to be located in the Expansion Property, to
Owners, at least one member and not less than twenty-five percent (25%\ of the members of the
Executive Board shall be elected by Owners other than Declarant.
(b) Not later than sixty (60) days after conveyance by Declarant of fifty percent (50 % ) of the total
number of Lots, including all Units permitted to be located in the Expansion Property, to Owners, not
less than thirty-three and one-third percent (33 ll3To) of the members of the Executive Board shall be
elected by Owners other than Declarant.
(c) Not later than the termination of the Declarant Control Period, the Owners shall elect an
Executive Board at least a majority of whom shall be Owners other than Declarant or designated
representatives of Owners other than Declarant.
(d) The Declarant Control Period is hereby defined as the period of time commencing on the date
of incorporation of the Association and terminating on the earliest of the following events: (i) sixty (60)
days after conveyance by Declarant of seventy-five percent (75%) of the total number of Lots, including
all Units permitted to be located in the Expansion Property, to Owners, (ii) two (2) years after the last
conveyance of a Lot by Declarant in the ordinary course of business or (iii) the date on which Declarant
voluntarily relinquishes such power evidence by a notice recorded in the Office ofthe Clerk and Recorder
for Eagle County, Colorado.
3.3 Election of Directors. In the election of Directors by Owners, each Member shall have the right
to vote the number of votes to which he is entitled for as many persons as there are Directors to be
elected, and for whose election he is entitled to vote. Cumulative voting shall not be allowed.
3.4 Ouorum. Except as otherwise provided in these Bylaws or in the Declaration, the presence in
person or by proxy of a majority of the votes entitled to be cast at such meeting shall constitute a
quorum.
3.5 Proxies. Votes may be cast in person or by proxy. Proxies must be filed with the Secretary
before the appointed time of each meeting. All proxies must be in writing and may be either general or
for a particular meeting. A proxy holder need not be an Owner.
3.6 Maioritv Vote. Unless a different percentage is required by law, the Declaration, the Articles
of Incorporation or these Bylaws, the affirmative vote of more than fifty percent (50%) of the votes
represented at a meeting duly called and convened at which a quorum is present shall be sufftcient to
adopt decisions binding on all Members.
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ARTICLE IV
MEETINGS
4. I Annual Meeting. The annual meeting of the Members shall be held at a time and date designated
by the Board in each calendar year for the purpose of electing Directors and for the transaction of such
other business as rnay come before the meeting.
4.2 Special Meeting. Special meetings of the Members for any purpose other than those regulated
by statute shall be called by the President of the Association, either upon resolution of the Executive
Board, or by petition of Owners representing the Owners of at least fifty percent (50%) of the Lots.
4.3 Notice of Meetings. The President or Secretary shall give, or cause to be given, written notice
of the time, place and if a special meeting, the pulpose, of each meeting by mailing, postage prepaid,
or hand-delivering such notice at least ten (10) days, but not more than fifty (50) days, prior to such
meeting to each Member of the Association at the address of such Members that appears in the records
of the Association. The Executive Board may set a record date for determination of Members entitled
to notice of and to vote at a meeting. If no such record date is set by the Executive Board, the date of
mailing of the written notice of meeting shall for all purposes be deemed the record date for such
meeting.
4.4 Adiourned Meetings. If, at the time and place of meeting, a quorum is lacking, the chairman of
the meeting, or the Members holding a majority of the votes present in person or by proxy, may adjourn
the meeting from time to time until a quorum exists. At any adjourned meeting at which a quorum
exists, any business may be transacted which might have been transacted at the original meeting.
4.5 Waiver of Notice. Any Member may at any time waive any notice required to be given under
these Bylaws, by statute or otherwise. The presence of a Member in person at any meeting of the
members shall constitute a waiver, unless such presence is for the express purpose of objecting to the
meeting for the reason that it was not lawfully called.
4.6 Place of Meetings. A waiver of notice signed by all Members entitled to vote at a meeting may
designate any place, either within or outside Colorado, as the place for such meeting. If there is no such
waiver, the place for annual and special meetings shall be the principal office of the Association.
4.7 Action of Members Without a Meetinq. Any action required to be taken or which may be taken
at a meeting of the Members may be taken without a meeting if a consent in writing, setting forth the
action so taken, is signed by all of the Members entitled to vote with respect to such action.
4.8 Order of Business. The order of business at all meetings of Members shall be as follows:
(a) Roll call;
(b) Statement of compliance with procedures for notice of meeting or waiver of notice;
(c) Reading of minutes;
(d) Reports of officers;
(e) Reports of committees;(f Election of Directors (annual meetings only);
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(g) Unfinished business;
(h) New business; and
(i) Adjournment.
4.9 Rules of Meetines. The Executive Board may prescribe reasonable rules for the conduct of all
meetings of the Executive Board and Members and in the absence of such rules, Robert's Rules of Order
shall be used.
ARTICLE V
EXECUTIVE BOARD
5.I Association Responsibilities. The Owners will constitute the Association, who will have the
responsibility ofadministering the Property through an Executive Board. In the event ofany dispute or
disagreement between any Owners relating to the Property, or any questiorn of interpretation or
application of the provisions of the Declaration or Bylaws, such dispute or disagreement shall be
submitted to the Executive Board. The determination of such dispute or disagreement by the Executive
Board shall be binding on all such Owners, subject to the right of Owners to seek other remedies
provided by law after such determination by the Executive Board.
5.2 Number and Initial Board. The affairs of this Association shall be managed by an Executive
Board of between thee (3) and five (5) Directors who shall be Members of the Association or the
delegates ofMembers appointed by proxy under Section 3.5 above (except as provided in Section 3.2).
The number of the Executive Board shall be established from time to time by amendment to these
Bylaws. The initial number of members of the Executive Board shall be three (3). The Directors
selected by Declarant need not be Members of the Association.
5.3 Term of Office of Directors. The term of office for the initial Directors shall be fixed at the time
of their appointment as they themselves shall determine in order to establish a system of three (3) year
terms in which at least one-third (1/3) of the Executive Board is elected each year, and the Executive
Board shall identify in which year the directorships for each category of representation are subject to
election. For example, if the number of Directors on the initial Board is set at three (3) pursuant to
Section 5.2 above, one (l) Director shall serve for a one (l) year tenn, one (l) Director shall serve for
a two (2) year term, and one (1) Director shall serve for a three (3) year term. At the expiration of the
initial term of office of each respective Director, a successor shall be elected to serve three (3) years.
Each Director shall hold offirce until such Director's successor is elected by the Association and qualified.
Any Director elected by the Owners pursuant to Section 3.2 above shall serve for the remainder of the
term of the Director replaced.
5.4 Removal of Directors: Vacancies. Directors may be removed and vacancies on the Executive
Board may be filled as follows:
(a) Bv the Members. Any Director may be removed, with or without cause, at any regular or
special meeting of the Members by a majority of votes of the Members entitled to vote for a successor.
A successor to any Director removed may be elected at such meeting to fill the vacancy created by
removal of the Director. A Director whose removal is proposed by the Members shall be given notice
of the proposed removal at least ten (10) days prior to the date of such meeting and shall be given an
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opportunity to be heard at such meeting.
O) By the Board. Any Director who has three (3) consecutive unexcused absences from
Executive Board meetings or who is delinquent in the payment of any Assessment for more than thirty
(30) days may be removed by a majority vote of the Directors present at a regular or special meeting at
which a quorum is present, and a successor may be appointed by the Executive Board. In the event of
the death, disability, resignation or removal by the Executive Board, as set forth in this subsection (b),
ofa Director, a vacancy may be declared by the Executive Board, and the Executive Board may appoint
a successor. Any successor appointed by the Executive Board shall serve for the remainder of the term
of the Director replaced.
5.5 Powers and Duties. The Executive Board shall have the powers and duties necessary for the
administration of the affairs of the Association and for the operation and maintenance of a first class
residential project. The Executive Board may do all such acts and things as are not by law, the Act, the
Articles, these Bylaws or the Declaration either prohibited or directed to be exercised and done by the
Owners.
5.6 Other Powers and Duties. The Executive Board shall be empowered and shall have the duties
as follows:
(a) to administer and enforce the covenants, conditions, restrictions, easements, uses, limitations,
obligations and all other provisions set forth in the Declaration and in the Articles and these Bylaws;
(b) to establish, make and enforce compliance with such reasonable rules and regulations as may
be necessary for the operation, use and occupancy of the Lots and the Common Area with the right to
amend same from time to time. A copy of such rules and regulations shall be delivered or mailed to each
Owner promptly upon the adoption thereof;
(c) to keep in good order, condition and repair the Common Area and Exterior Maintenance
Area, and all items of personal property owned by the Association, if any, and used in the enjoyment of
the Property;
(d) to obtain and maintain to the extent obtainable all policies of insurance required by the
Declarationl
(e) subject to the budgeting procedures contained in the Declaration, to periodically fix,
determine, levy and collect the Assessments to be paid by each of the Owners towards the Common
Expenses of the Association and to adjust, decrease or increase the amount of the Assessments, refund
any excess Assessments to the Owners or to credit any excess of Assessments over expenses and cash
reserves to the Owners against the next succeeding assessment period. Subject to restrictions set forth
in the Act, to levy and collect Special Assessments in accordance with the provisions of the Declaration,
whenever in the opinion of the Executive Board it is necessary to do so in order to meet increased
operating or maintenance expenses or costs, or additional capital expenses, or because of emergencies.
All Special Assessments shall be in statement form and shall set forth in detail the various expenses for
which the Assessments are being made. The Act currently restricts the use of Special Assessments;
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(f) to impose penalties and collect delinquent Assessments by suit or otherwise, to collect costs
and reasonable attorney's fees, and to enjoin or seek damages from an Owner as is provided in the
Declaration;
(g) to protect and defend the Property from loss and damage by suit or otherwise;
(h) subject to restrictions set forth in the Act, to borrow funds and to give security therefor in
order to pay for any expenditure or outlay required pursuant to the authority granted by the provisions
of the Declaration or these Bylaws and to execute all such instruments evidencing such indebtedness as
the Executive Board may deem necessary or desirable. Currently the Act restricts the conveyance or
encumbrance of the Common Area pursuant to Section 38-33.3-312 of the Act;
(i) to enter into conhacts within the scope of their duties and powers, provided however, that any
agreement for professional management of the Property, or any other contract providing for services of
the Declarant may not exceed three (3) years, and any such agreement must provide for termination by
either party without cause and without payment of a termination fee on no more than one hundred eighty
(180) days' written notice;
0) to establish bank accounts which are intere st-bearing or non-interest bearing, as may be
deemed advisable by the Executive Board;
(k) to keep and maintain detailed, full and accurate books and records showing in chronological
order all of the receipts, expenses or disbursements pursuant to appropriate specificity and itemization
and to permit inspection thereof as is provided in the Declaration and these Bylaws and, upon the vote
of Owners representing the Owners of two-thirds of the Lots, to cause a complete audit to be made of
the books and records by a competent certified public accountant;
(l) to designate and remove the personnel necessary for the operation, maintenance, repair and
replacement of the Common Area;
(m) to suspend the voting rights of an Owner for failure to comply with these Bylaws or the rules
and regulations of the Association or with any other obligations of the Owners pursuant to the
Declaration:
(n) to buy or otherwise acquire, sell or otherwise dispose of, mortgage or otherwise encumber,
exchange, lease, hold, use, operate and otherwise deal with and in, real, personal and mixed property
of all kinds, and any right or interest therein, for any pulpose of the Association, subject to the
Declaration and Bylaws of the Association. Currently the Act restricts the conveyance or encumbrance
of the Common Area pursuant to Section 38-33.3-312 of the Act;
(o) in general, to carry on the administration of the Association and to do all of those things
necessary and/or desirable in order to carry out the governing and operating of the Property and to
perform all other acts permitted under the Act.
5.7 Manaqer. The Executive Board may employ for the Association a Manager (at a compensation
established by the Executive Board) to perform such duties and services as it shall authorize. The
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Executive Board may delegate any of the powers and duties granted to it but, notwithstanding such
delegation, shall not be relieved of its responsibility under the Declaration, the Articles or rhese Bylaws.
5.8 Rezular Meetings. Regular meetings of the Executive Board may be held at such time and place
as shall be determined, from time to time, by a majority of the Directors, but at least two (2) such
meetings shall be held each year. Notice of regular meetings of the Executive Board shalt be given to
each Director, personally or by mail, telephone or telegraph, at least three (3) business days prior to the
day named for such meeting.
5.9 Special Meetines. Special meetings of the Executive Board may be called by the President, on
his own initiative, on three (3) days' notice to each Director, given personally, or by mail, telephone or
telegraph, which notice shall set forth the time, place and purpose of the meeting. Special meetings of
the Executive Board shall be called by the President or Secretary in like manner and on like notice on
receipt of a written request to call such a special meeting from at least two (2) Directors.
5.10 Waiver of Notice. Before or at any meeting of the Executive Board, any Director may, in
writing, waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such
notice. Attendance by a Director at any meeting of the Executive Board shall be a waiver of notice by
him of the time and place thereof. If all the Directors are present at any meeting of the Executive Board,
no notice shall be required and any business may be transacted at such meeting.
5.l l Executive Boards' Ouorum. At all meetings of the Executive Board, a majority of the Directors
shall constitute a quonrm for the transaction of business, and the acts of the majority of the Directors
present at a meeting at which a quorum is present shall be the acts of the Executive Board. If at any
meeting of the Executive Board there be less than a quorum present, the majority of those present may
adjourn the meeting from time to time for periods of no longer than one (1) week until a quorum is
obtained or until a conclusion can be reached. At any such adjourned meeting, any business which might
have been transacted at the meeting as originally called may be transacted without further notice.
5.12 Compensation: Fideliw Bonds. The members of the Executive Board shall serve without salary
or compensation. The Executive Board may employ professional consultants for the Association at a
compensation established by the Executive Board. The Executive Board or the Act may require that all
officers and employees of the Association handling or responsible for Association funds shall furnish
adequate fidelity bonds. The premiums on such bonds shall be paid by the Association.
5.13 Informal Action bv Directors. Any action required or permitted to be taken at a meeting of the
Directors may be taken without a meeting if a consent in writing, setting forth the action so taken, shall
be signed by all of the Directors entitled to vote with respect to the subject matter thereof. Such consent
shall have the same force and effect as the unanimous vote of the Directors.
5.14 Teleconference Meetings. Any regular or special meeting of the Executive Board may be
conducted by teleconference, followed by minutes of such meeting, which shall be distributed to each
Director.
5 . I 5 Executive Board Committees . The Executive Board may by resolution provide for such standing
or special committees as it deems desirable, and discontinue the same at its pleasure. Each such
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committee shall have such powers and perform such duties, not inconsistent with law, as may be
delegated to it by the Executive Board. Vacancies in such committees shall be filled by the Executive
Board or as the Executive Board may provide.
ARTICLE VI
OFFICERS
6.1 General. The officers of the Association (who shall be elected from among the members of the
Executive Board) shall be a President, one or more Vice Presidents, a Secretary, and a Treasurer. The
officers shall be elected by an affirmative vote of a majority of the members of the Executive Board. The
Executive Board may elect such other officers, assistant officers, committees and agents, including
Assistant Secretaries and Assistant Treasurers, as they may consider necessary or advisable, who shall
be chosen in such nmnner and hold their offrces for such terms and have such authority and duties as
from time to time may be determined by the Executive Board. One (1) person may hold two (2) offices,
except that no person may simultaneously hold the offtces of President and Secretary. In all cases where
the duties of any officer, agent or employee are not prescribed by the Bylaws or by the Executive Board,
such officer, agent or employee shall follow the orders and instructions of the President.
6.2 Removal of Officers. Upon an affirmative vote of a majority of the members of the Executive
Board, any officer may be removed, either with or without cause, and his successor elected at any regular
meeting of the Executive Board, or at any special meeting of the Executive Board called for such
purpose.
6.3 Vacancies. A vacancy in any office, however occurring, may be filled by an affirmative vote
of a majority of the members of the Executive Board for the unexpired portion of the term.
6.4 President. The hesident shall be the chief executive officer of the Association. He shall preside
at all meetings of the Association and of the Executive Board. He shall have the general and active
control of the affairs and business of the Association and general supervision of its officers, agents and
employees. The President has the authority to prepare, execute, certify and record documents reflecting
amendment to the Declaration which are properly amended pursuant to the provisions of the Declaration.
6.5 Vice Presidents. The Vice Presidents shall assist the President and shall perform such duties as
may be assigned to them by the President or by the Executive Board. In the absence of the President,
the Vice President elected by the Executive Board shall have the powers and perform the duties of the
President.
6.6 Secretary. The Secretary shall keep the minutes of the proceedings of the Members, executive
committee and the Executive Board. He shall see that all notices are duly given in accordance with the
provisions of these Bylaws, the Declaration and as required by law. He shall be custodian of the
corporate records and of the seal of the Association and affix the seal to all documents when authorized
by the Executive Board. He shall keep at its registered office or principal place of business within or
outside Colorado a record containing the names and registered addresses of all Members, the designation
of the Lot owned by each Member, and, if such Lot is mortgaged, the name and address of each
Mortgagee. He shall, in general, perform all duties incident to the office of Secretary and such other
duties as from time to time may be assigned to him by the President or by the Executive Board. Assistant
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Secretaries, if any, shall have the same duties and powers, subject to supervision by the Secretary.
6.7 Treasurer. The Treasurer shall be the principal financial officer of the Association and shall have
the care and custody of all funds, securities, evidences of indebtedness and other personal property of the
Association and shall deposit the same in accordance with the instructions of the Executive Board. He
shall receive and give receipts and acquittances for monies paid in on account of the Association, and
shall pay out of the funds on hand all bills, payrolls and other just debts of the Association of whatever
nature upon manrrity. He shall perform all other duties incident to the office of the Treasurer and, upon
request of the Executive Board, shall make such reports to it as may be required at any time. He shall,
if required by the Executive Board, give the Association a bond in such sums and with such sureties as
shall be satisfactory to the Executive Board, conditioned upon the faithful performance of this duties and
for the restoration to the Association of all books, papers, vouchers, money and other property of
whatever kind in his possession or under his control belonging to the Association. He shall have such
other powers and perform such other duties as may be from time to time presuibed by the Executive
Board or the President. The Assistant Treasurers, if any, shall have the sirme powers and duties, subject
to the supervision of the Treasurer.
ARTICLE VII
INDEMNIFICATION
7. I Definitions. For purposes of this Article VII, the following terms shall have the meanings set
forth below:
(a) Proceeding. Any threatened, pending or completed action, suit or proceeding, whether civil,
criminal, administrative or investigative and whether formal or informal;
(b) Indemnified Party. Any person who is or was a party or is threatened to be made a party to
any Proceeding by reason of the fact that he is or was a Director or officer of the Association or a
member of a committee formed by the Association or, while a Director or officer of the Association or
a member of a committee, is or was serving at the request of the Association as a Director, officer,
member, partner, trustee, employee or agent of another corporation, partnership, joint venture, trust,
committee or other enterprise including, without limitation, any employee benefit plan of the Association
for which any such person is or was serving as a trustee, plan administrator or other fiduciary.
7.2 Indemnification.
(a) Except as provided in paragraph (d) ofthis Section 7.2, the Association shall indemnify against
liability incurred in any Proceeding an Indemnified Party if:
(i) He conducted himself in good faith;
(ii) He reasonably believed:
o In the case of conduct in his official capacity with the Association that his conduct was
in the Associations' best interests: or
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o In all other cases, that his conduct was at least not opposed to the Association's best
interests; and
(iii) In the case of any criminal proceeding, he had no reasonable cause to believe his conduct
was unlawful.
(b) An Indemnified Party's conduct with respect to an employee benefit plan for a purpose he
reasonably believed to be in the interests of the participants in or beneficiaries of the plan is conduct that
satisfies the requirements of sub-subparagraph (b) of subparagraph (ii) of paragraph (a) of this Section.
An Indemnified Party's conduct with respect to an employee benefit plan for a purpose that he did not
reasonably believe to be in the interests of the participants in or beneficiaries of the plan shall be deemed
not to satisfy the requirements of subparagraph (i) of paragraph (a) of this section.
(c) The termination of any Proceeding by judgment, order, settlement, or convection, or upon a
plea of nolo contendere or its equivalent, is not of itself determinative that the individual did not meet
the standard of conduct set forth in paragraph (a) of this Section.
(d) The Association may not indemniff an Indemnified Party under this Section either:
(i) In connection with a Proceeding by or in the right of the Association in which the
Indemnified Party was adjudged liable to the Association; or
(ii) In connection with any Proceeding charging improper personal benefit to the Indemnified
Party, whether or not involving action in his official capacity, in which he was adjudged liable on the
basis that personal benefit was improperly received by him.
(e) Indemnification permitted under this Section in connection with a Proceeding by or in the right
of the Association is limited to reasonable expenses incurred in connection with the Proceeding.
7.3 Insurance. By action of the Executive Board, notwithstanding any interest of the Directors in such
action, the Association may purchase and maintain insurance, in such amounts as the Executive Board
may deem appropriate, on behalfofany Indemnified Party against any liability asserted against him and
incurred by him in his capacity of or arising out of his status as an lndemnified Party, whether or not the
Association would have the power to indemniff him against such liability under applicable provisions of
laws.
7.4 Riqht to knpose Conditions to Indemnification. The Association shall have the right to impose,
as conditions to any indemnification provided or permitted in this Article VII, such reasonable
requirements and conditions as to the Executive Board may appear appropriate in each specific case and
circumstances including, without limitation, any one or more of the following; (a) that any counsel
representing the person to be indemnified in connection with the defense or settlement of any Proceeding
shall be counsel mutually agreeable to the person to be indemnified and to the Association; O) that the
Association shall have the right, at its option, to assume and control the defense or settlement of any
claim or proceeding made, initiated or theatened against the person to be indemnified; and (c) that the
Association shall be subrogated, to the extent of any payments made by way of indemnification, to all
of the indemnified person's right of recovery, and that the person to be indemnified shall execute all
writings and do everything necessary to assure such rights of subrogation to the Association.
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ARTICLE VIII
AMENDMENT OF BYLAWS
8.1 Amendment by the Members. These Bylaws may be amended by the affirmative vote of at least
seventy-five percent (757o\ of the votes in the Association present or represented by proxy at any regular
or special meeting, provided that a quorum is present at any such meeting. However, notwithstanding
the foregoing, no provisions of these Bylaws may be amended by a number of Owners which is less than
the number of Owners that is required within that particular provision to take certain action.
Amendments may be proposed by the Executive Board or by petition signed by the holders of at least a
majority of the votes. A statement of any proposed amendment shall accompany the notice of any regular
or special meeting at which such proposed amendment will be voted upon.
8.2 Amendment by the Executive Board. These Bylaws may be amended by the unanimous vote of
the Executive Board at any regular or special meeting, provided that a quorum is present at such meeting.
A statement of any proposed amendment shall accompany the notice of any regular or special Executive
Board meeting at which such proposed amendment will be voted upon. No amendment may be adopted
by the Executive Board which conflicts with an amendment adopted by the Members.
8.3 Scope of Amendments. These Bylaws may not be amended in a manner inconsistent with the
Articles of Incorporation of the Association, the Declaration, or any applicable provision of Colorado
law.
ARTICLE IX
CORPORATE SEAL
The Executive Board shall provide a suitable corporate seal containing the name of the Association,
which seal shall be in the custody and control ofthe Secretary. The corporate seal shall be circular and
shall have inscribed thereon the name of the Association and the word "Colorado" in the circle and the
word "Seal" in the middle. If and when so directed by the Executive Board, a duplicate seal may be kept
and used by such officer or other person as the Executive Board may name.
ARTICLE X
MISCELLANEOUS
10.1 Reeistration of Mailing Address. If a Lot is owned by two (2) or more Owners, such co-owners
shall designate one (1) address as the registered address required by the Declaration and shall designate
the "voting member. " An Owner or Owners shall notify the Secretary of his or their (a) registered
address within five (5) days after any transfer of title or change of address, and O) "voting member"
within five (5) days after any transfer of title or designation thereof. Such notice shall be written and
signed by all of the Owners to wNch it relates or by such persorui authorized to sign on behalf of such
Owners.
10.2 Notice to Association. Every Owner shall timely notiff the Association of the name and address
of any Mortgagee, purchaser, transferee or lessee of his Lot. The Association shall maintain such
information at the office of the Association.
qo
<{
:i
11
r2/O8/95 05:06P PG 11 oF 135? 9209 B-683 P-203
10.3 Proof of Ownership. Except for those Owners who initially purchase a Lot from Declarant,
every person becoming an Owner shall immediately furnish to the Executive Board a photocopy or a
certified copy of the recorded instrument vesting in that person such ownership, which instrument shall
remain in the files of the Association. A Member shall not be deemed to be in good standing nor shall
he be entitled to vote at any arutual or special meeting of Members unless this requirement is first met.
10.4 Character of Association. This Association is not organized for profit. No member, member
of the Executive Board, officer or person for whom the Association may receive any property or funds
shall receive any pecuniary profit from the operation thereof, and in no event shall any part of the funds
or assets of the Association be paid as salary or compensation to, or distributed to, or inure to the benefit
of, any of the Executive Board, officers or Members, except upon a dissolution of the Association,
provided, however, (a) that reasonable compensation may be paid to any Member, manager, Director,
or officer while acting as an agent or employee of the Association for service rendered in effecting one
or more of the purposes of the Association, and @) that any Member, manager, Director, or officer may,
from time to time, be reimbursed for his actual and reasonable expenses incurred in connection with the
administration of the affairs of the Association.
10.5 Right of Entry. The Manager and my person authorized by the Executive Board shall have the
right to enter each Lot in case of any emergency originating in or threatening such Lot whether or not
the Owner or occupant is present at the time. Such authorized persons shall also have the right to enter
each Lot to perform maintenance and repair work as prescribed by these Bylaws and the Declaration.
10.6 Fiscal Year. The fiscal year of the Association shall be determined by the Executive Board and
shall be subject to change by the Executive Board as necessary.
10.7 Annual Budget. Within thirty (30) days after the adoption of any proposed budget for the
Association, the Executive Board shall mail, by ordinary first-class mail, or otherwise deliver a summary
of the budget to all the Owners and shall set a date for a meeting of the Owners to consider ratification
ofthe budget not less than fourteen (14) nor more than sixty (60) days after mailing or other delivery of
the summary. Unless at that meeting a majority of all Owners reject the budget, the budget is ratified,
whether or not a quorum is present. In the event that the proposed budget is rejected, the periodic budget
last ratified by the Owners must be continued until such time as the Owners ratify a subsequent budget
proposed by the Executive Board. The Executive Board shall adopt a budget and submit the budget to
a vote of the Owners as provided herein no less frequently than annually. The Executive Board shall
levy, and assess the Association's annual Assessments in accordance with the annual budget.
10.8 Inspection of Records. Any Owner or First Mortgagee may inspect the Association's records
of receipts and expenditures at any reasonable time during convenient weekday business hours, and, upon
fourteen (14) days' notice to the Executive Board or Manager, if any, and upon payment of a reasonable
fee, not to exceed Twenty Dollars ($20.00), any Owner or First Mortgagee shall be furnished a statement
of account setting forth the amount of any unpaid assessments or other charges due and owing from such
Owner.
10.9 Captions. The captions and headings in these Bylaws are for convenience only and shall not be
considered in construing any provision of these Bylaws.
t2
8-683 P-203 12/08/95 05:06P PG 12 OF 13
1\
\AJr{
579209
Section 16.5. Signs. No advertising or display signs of any character shall be placed or
maintained on any part of the Property or on any Structure except with the written consent of the
Executive Board, except for lot or residence identification signs, on or in front of a dwelling house by
the owner thereof.
Section 16.6. Nalural Environment. The change, disturbance, alteration or impairment of the
natural environment of the Property, including wildlife habitat, scenic vistas, and open space, shall except
as necessary for the proper citing of improvements and except as otherwise expressly provided in this
Declaration to the contrary, be prohibited.
Section 16.7. Fire Prevention. If in the Executive Board's solejudgement, a fire hazard exists
on any Lot, the Executive Board shall provide the Owner of the Lot a ten (10) day written notice during
which the said Owner is required to take remedial action to eliminate the fire hazard set forth in the
notice. No additional notice pursuant to Section 16.8 below is required.
Section 16.8. Enforcement. In addition to and without waiving any other remedies available to
the Association, the Association through its Executive Board is authorized and empowered, following a
ten (10) day notice to Owners violating these provisions, to enter upon Lots and to correct any violation
of these covenants and all costs incurred by the Association in curing said violations shall be borne by
the violating Owner and such costs shall constitute an Assessrnen( against the violating Owner.
ARTICLE XVII
MORTGAGEE'S RIGHTS
The following provisions are for the benefit of holders, insurers, or guarantors of First Mortgages
on Lots. To the extent applicable, necessary, or proper, the provisions of this Article XVII apply to this
Declaration and also to the Articles and Bylaws of the Association.
Section 17.1. Aporoval Requirements. Unless at least seventy-five percent (75%) of the
Mortgagees holding First Mortgages against any portion of the Property (based on one vote for each
Mortgage owned), and at least seventy-five percent (757o) of the Owners (other than Declarant) have
given their prior written approval, the Association shall not be entitled to:
(a) By act or omission seek to abandon, partition, subdivide, sell, or transfer all or
part of the Common Area (provided, however, that the granting of easements or rights of way for public
utilities or for other public purposes consistent with the intended use of such Common Area shall not be
deemed a transfer within the meaning of this clause);
(b) Change the method of determining the obligations, Assessments, dues, or other
charges which may be levied against an Owner;
(c) Fail to maintain insurance required to be rnaintained under this Declaration;
(d) Use hazard insurance proceeds for losses to improvements in the Common Area
for other than the repair, replacement, or reconstruction of such property.
I\<(
20
8-683 P-2O2 rZ/08/95 05:03p pc Z0 oF Zz579208
10.10 Numbers and Genders. Whenever used herein, unless the context shall otherwise provide, the
singular number shall include the plural, the plural the singular, and the use of any gender shall include
all genders.
IN WITNESS WHEREOF, the undersigned have hereunto set their hands thisj1O", or$r*,1995. --r--
KNOW ALL MEN BY THESE PRESENTS, that the undersigned Secretary of the Association does
hereby certify that the above and foregoing Bylaws weqe duly adopted by the Executive Board of said
Association as the Bylaws of said Association on the l) day of€eptannber, 1995 and that they do now
constitute the Bylaws of said Association. f ee' c-
\wp50\corp\c- 155
12/08/95 05:06P PG 13 oF 13
an
ao
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579209 8-683 P-203
13
2&-1996 2'26AM FRO'I
ot.,o Rf,{trc NArroNAL rrrlg rNsm/.Q coMpAr\ry
ALTA COMMITMENT
SCHEDULE A
Our Order # vS251552-2
5. Ttie land referred to in Ehis CommiEmenE is described as
follotts:
,tOI 58, FINAIJ PIJAT OF INNSBRUCK MEADOWS ACCORDING TO TIIE PIAT
RECORDED XXXX IN BOOK XXX AT PAGB XXx, COul{TY OE' EAGIJE, STATE
OF COLORADO.
NOTE I SAID LEGAIJ DESCRIPTION ?TIIJL BE AMENDED UPON COMPLIANCE
WITH SCHEDULE B:I REQUIREMENTS HEREIN.
P. 1
-16, GoecRt,t*-Aflx- z+Ez-
F*r: Geea {"t^*f
PAGE 2
2-A2-1996 2'21AM FROM -
DeceElber L2, 1995
Buyer/Borrower;
Sel1er,/Owner:
YOT'R I,AIiTD TITLE GUA,RAIfIEE COMPAI{Y CONTACTS
our order No,: vs25L552-2
P.2
PETER S. BATTIN
AI4. BROS, DEVELOPMENT, INC. A COI,ORADO
CORPORATION
Property Address:
If, you have any inquiries or reguire furth€r assistance, pleage
contact one of the numbers listed below:
For Closlng Assiscance: For Title Assistance:
ARZzu{A RUCKER .]ILL WETLS
OO3O BENCHMARK RD. #216 108 S. FRONTAGE RD W.
AVON CO 81520 V.qIIr, CO 81658
Phoner 303 949-5099 Pbone; 303 476-2251
Fax: 303 949-4e92 Fax: 303 475-4534
Note r once an original commitment has been issued, any subseq'.lents
changes will be emphasized by underlining.
TIANK YOU FOR YOUR ORDER!
2-42-f996 2.21 AM FROM
A r,T' coMMrrM
SCHEDUIJE B-2
{Excepcions)
P.3
ENT
Our Order # vs25L552-2
?he policy or policles Eo be issued will contain excepEions to thefollowing unless the seme are disposed of to the sacisfact.l-on of,the Company:
1- SEandard Exceptions 1 through 5 princed on the cover sheet.
5. Taxes and assessments noE yeE due or payable and special
assessment,s noe yeE cerEified t,o t,he Treasurer'E office.
'7 . Any unpaid E.axes or assessments against said land
L Liens for unpaid water and sewer charEes, if any.
9, RIGI{T OF PROPRIETOR OF A VEIN OR IJODE TO EXTRACT A}ID REMOVE HIS ORE
THEREFROM StiOUl,D THE SAIVIE BE FOIJIID TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED rN IINITED STATES PATENT RECORDED April 18, 1934, IN BOOK 123 AT
PAGE 3.
10, RIGTTT OF WAY FOR DITCITES OR CANALS CONSTRUCTED BY
UNITED STATES AS RESERVED IN UNITED STATES FATENTIN BOOK 1.23 AT PAGE 3
11. WATER AND WATER RIGHTS, DITCH AND DITCH RIGHTS.
1-2. RIGFfT OF WAY EASEMENT AS GRAIilIED TO HOLY CROSS EI.,ECTRIC ASSOC]E.TION,
INC, IN INSTRU}4ENT RECORDED ,June 30, 1995, IN BOOK 670 AT PAGE 544.
13. TERMS, CO}IDITIONS AND PROVISIONS OF TRENCH, CO}IDU]T A}ID VAULT AGREEMENT
RECORDED July 07, l-995 IN BOOK 670 AT PAGE 978.
14. EASEMENTS, RESERVATIONS A.I{D RESTRICTIONS AS SHOWN OR RESERVED ON THE FINAIJ
AMENpMENT THERETo RFC-qRpEp pECEMBER gJ. U,gE r.lg BOOK 5-g,L +I pAgE 201.
15. EASEMEMIS, RESERVATIONS, RESTRICTIONS AND BUILDING EIWELOPE OR SETBA,CK AS
SHOWN OR RESERVED ON T'HE PIJAT, RECORDED TBD IN BOOK XXX AT PAGE XXX,
16. 9g,L!JII 4P Sg EASEMENT 10 FEET rN wrpTH ALONG THE NoR.THWESTERT_,Y LOTgE 9f SUBJECT PROPERTY AS SI{OWN ON THE pLr,T RECORpEp DEeEMBER E, l_99trN
BOOK 583 AT PAGE 201.
THE AUTHORITY OF THE
RECORDED April 18, t934,
o
r6 -
PAGE
TERMS, COIIDITIONS AND PROVISIONS OF
RESTRICTTVE COVENA}IT RECoRDED JuIy
sEwER ANp pRATNASE EASFMEIII 10 FEEr
OF SUBJECT PROPERTY AS SHOWN ON THE
TYPE III EMPI.QYEE HOUSING UNIT13, i995 IN BOOK 671 AT PAGE 242.
IN WIDTH ALON:G THE SOUTHERLY LOT IrINE
PIJAT RECORDED DECEMBER 8, ].995 IN BOOK683 AT PAGA 201.
242-19Wi Z.P.AM FROM
SCHEDUIJE B-2
(Exceptions) our Order # vS251552-2
P-4
SUBJECT PROPERSY AS SHOWN ON
Arra coMMrrMENr I
19. DRAINAGE EASEMENT 15 FEET TN WIDTH TRAVERSING
?I{E PL,$T RECORDEq pECEI4BEE q, 19eq TN BOOK 683 AT pAcE 201_
20. TERMS, CONDITIONS AND PROVISIONS OF DECLARATISN RECORDED Dece$lcer 08, 1995rN ry 683 +J FAGE 202.
ITEIVIS 1, 2 AND 3 OF THE STANDARD EXCEPTIONS I,^IILL BE DEIJETED FROM TIIE
MORIGAGEES POLICY UPON RECEIPT OF A SATISFACTORY IMPROVEMEMT LOCATION
SURVEY.
NOTE: SAXD SURVEY MUST SET OUT THE EASEMENIS SET FORTII IN SCI{EDULE B-2
HEREIN. PLEASE PROVIDE iJAND TI?I.JE GUARANTEE COMPA}'IY WITH THE NAME OR THE
SIIR!'EYING COMPA-I\IY AND WE !,IILL SEIID COPIES OF tI{E NECESSARY DOCUMENTS.
NOTE: IF THE IMPROVEMENT IJOCATION SURVEY IS NOT RBCEIVED BY IJAND TITTE
GUARA}ITEE COMPANY iN SUFFICIEIiIT TIME TO REVIEW A,}ID ENDORSE THE COMMITME}.TT
PRIOR TO CI,OSING, ADDITIONAIJ EXCEPTIONS MAY BE ADDED TO THE POLICY.
UFON THE APPROVAL OF THE COMPANY A.TVD TTIE REEEIPT OF A NOTARIZED FINAL LIEN
AFFTD.A,VIT, ITEM NO. 4 OF THE STANDARD EXCEPTIONS WILIJ BE AMEIqDBD AS
FOLLOWS r
rTEM NO, 4 OF THE STANDARD EXCEPT]ONS IS DELETED AS TO .ANY LIENS OR FUTURE
LIENS RESULTING FROM WORK OR MATERIAIJ FURNISHED AT THE REQUEST OF
Af\4. BROS. DBVELOPMENT, INC. A COLORADO CORPORATION. OLD REPUBLIC NATIONAL
TITLE INSURANCE COMP.INY SHALL HAVE NO I.,IT,BILITY FOR. T-NY LIENS .ARISING FROM
WORK OR MATERIAL FURNISHED AT THE REOUEST OF PETER S. BATTIN
NOTE: ITEM 5 OF'THE STANDARD EXCEPTIONS WILI] BE DEI/ETED IF LAND TITI.,,E
RECOR.DS THE DOCT]iVIENTS REQUIRED UNDER SCI{EDULE B-1.
NOTE: UPON PROOF OF PAYMENT OF ALL TAXES, ITElvl 7 UNDER SCHEDULE B-2 WILL
BE DELETED AND ITEM 6 WILL BE AMENDED TO READ:
1.995 TAXES NOT YET DUE OR FAVABIJE AIilD ASSESSMENTS NOT YET CERTIFIED TO THE
TREASURERS OFFICE.
ITBM NO. 8 UNDER SCHEDULE B-2 WI'-',L BE DELETED UPON PROOF TI{AT THE WATER A.ND
SET{ER, CHARGES ARE PAID UP TO DATE.
I[)TE: rcems -t +g_r= 1-€- 18 bf Schedule B-2 (of your previor+.s cglEmiEmenE)
have been modif ied or delet.ed.
hn AF
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75 Sottb Frontgc Roai
Vtit, Coloredo 81657
t0t -479-2 I t il FAX t0t -47 9 -2 I 66
D c p artm c tt of P fi lic l{ork s lTt at sp ort at i on
October4, 1995
Mr. Gcorge Ruther
Dcparfticnt of Community Development
Re: Innsbruck Meedows Bond Release
Dear George,
In responsc to a lctter received by Charlic Davis on September 5,1995 conceming the bond
rcduction for the Innsbruck Meadows project. An inspection has been performed on all worft that
bas been completed as of Septcmber 7, 1995. The following arnount is approved for release.
Please refer to the attached itcmized sheet showing the amount of reduction to the approved
Letter ofCrcdit Go ahcad and contact the appropriate party for this release.
Ifthcrc are any questions, please call me at479-2160.
h'.- ,l Il
| -a tt-t-.JtE -,
Town Engineer
cclCharlie Davis,Bob Borne
a-a
I^nfSBRUCT MDII'OWS
PI'BLIC INPROVEMENTS ESTIMATE LIST
1) Stomr sewer wo,rt inctuding l8'? CMP, lvlanholes, Ialet, excavation, and labor
TOTAL -[($14'114.75 - $443.00)1.251.9+ 3433.66'{Sr5t23.72 -grl7i.n =$qsnt 72
2l Curb and Gutter including Conrete, Pavement and Labor
TOTAL - ($14'670.00)1.251.9 = $16503.75
3) Staking and Testin
TOTAL = ( [$l!,135J5 - S,f 000.00 t1r5).9 =t1,277,15
l"
Effective Date:
+$
VAIL BANK
innevocnele uerreR or cnroff
May 12, 1995
Expiration Date: September 1 5, 1996
Number:177
Town of Vail
Vail, CO 81957
Re: Robert Borne for the account of
Innsbruck Meadows Development, Inc.
Gentleimen:
We hereby qpen our lrrovooabls Lsttsr of Crsdit in your favor, available to you by drafS
or drafts at sight drawn on the Vail Bank for any sum or sums not exceeding in total
of sum of Fifty Thousand and No/l00 Dollars ($50,000.00).
This Letter of Credit is for the account of Innsbruck Meadows Development, lnc.
Funds under this credit are available to the Town of Vail by its sight draft(sl on us
referring to this Letter of Crbdit by number and by its issuance date. Such draft(sl
must be received by Vail Bank prior to 4:00 p.m. on September 15, 1996. The funds
available under this letter of credit shall be for completion of pedestrian walkway,
storm sewer, curb and gutter for the above referenced project. Such 'authotized
representative of the Town of Vail indicating that the amount drawn is necessary to
cornplete the aforementioned items.
Vail Bank agrees with the drawers, endorsers and bonafide holders of drafts drawn and
negotiated in compliance with the terms of this Letter of Credit that such drafts will
be duly honored upon due presentation at the counter of this Bank.
Vail Bank represents and warrants to the Town of Vail that it has the full authority and
power to issue this Letter of Credit to the Town of Vail, in the total amount and for
the total period of time stated herein; said authority being pursuant to the laws of the
United States, or the state or territory which governs the establishment and regulation
of Vail Bank, and Vail Bank's charter, by'laws, and other applicable rules and
. Vail lhnkBuikting. tt\9$rnhF(xrrxLraRrunlVcrt Vril.ColrnrrloSlO:Z fOt/.tZO-fg.jO FAXJ0I{?6'!666
2l t I Nonh Frunt:rsc Rorr.l Vcst V:ril, Col'rnr'h' $l 657 30t1476'75$ FAX Jtt,/l?6'?505
T 1
t, l:":l''"" T:'"' Y'l' "i'l:*,u'
u,1l,,,ll'111't?:
" ll l?13:ill
Letter of Credit No. 177
Page 2
reguletiene adopted pu.rsuant thgretg, $hould it bo nocossary for tho Town of Voilto
fili suit in an effori to enforcd this lrrevocable Letter of iredit, Vail Bank harcby
waives all venue rights and submits to the jurisdiction of the District Court in ard for'the County of Eagle, State of Colorado.
All drafts hereunder must be drawn on or before Soptomblr 15, 1996.
Sincerely,.
Vail Bank
./
Dan E. Godec, Vice President.
lg,, cMP
18'f CMP - Rccor
18fr Annulnr Dnnds
Vallcy Inlct Dasc fl=Sr
I-3518 lrrame, Grate, flood
TOTAL- Storm Scwcr
Lsbor
Concrcte
840lincnl fcct @
I35 tons @ $|2lton
DxhibitrrA,
Public fmprovements Estimatc
Storm Scwcr
777 tcct@ $6.90/ft
37 @ $10.35/bnnd
48"di8. x 30" Prccast Basc w/2-20r' [oles 2 @ $433
48ffdin. r 30il Precnst Dnsc #J.20rr [olcs I @ $500
48ildin. Mnnholc Materinl
48'rdia. GSTLid Slnb
6'r C[ Ring & Covcr
6rrluvcrtcd Ring & Cover
l" Rub RNcclr
Spced Crctc
$ s}36r30
382.95
8SJ44,,S
$ 866.00
500.00
120.00
290.00
200.00
110.00
16.s0
$ 600.00
236.00
$ 836.00
$ 3,500.00
xs@$48
2 @ $14s
2 @ $r00
1@$110
3 @ $s.so
6@sn
I @ $600
1@ $236
$ 1.800.00
Curb and Guttcr
$ t4.114.75
3,060.00
1,050.00
1,620.00
Asphalt Snw Cut
$ 2,234.50
Iabor0nstnll Pipc. Mnnholcs. Cntch Dasin
840linc.rl fcct @ $6.00/lincal foot (curb nnd guttcr rlctait)$ 5,040.00
51cu. yds. @ $60.00/yd.
Pnvcment
Rnsc Coursc
$1.2slft.
Lnbor
Irl00lincal fcct @ $6,00lincnl foot (6'rvidg 5" thick)$ 6,60000
Concrctc
nZcu. yds. @ $60.00/yd.'
Underlnvment
Base Coursc
.TOTAL - Pcdcstrinn TVnlhiray
230 tons @ $l2lton
6:t20.00
2.760.00
$ 16.080.00
Miscellaneous
Stnkinq nnd Tcstins 2.135.25
TOTAI PITBLIC IMPROI|EMENI COSfiI,,,,.,,!r.r,,,..r.,.,r,r.,..,,,.,...![!fi!!p!!,
SI'MMARY
TOTAL TI'BLIC IMPROVEMDNTS DSTII\&\TE $ 47,275.00
LISS TOWN OII VAIL CONTruBUTION
I{NALCOSTTODTVELOPDR
LETTER OT CRNDTT OR DONI)
. 7,275,00
$ 40,000.00
${0,000.00 @ tas%$ 50.000.00
TI{IS DEVELOPERIMPRO\IEMENT AGRBEMENT (thc "Agreernent') is *@
, and cntercd into this lL day of A?fl, 1995, by nnd betwecn INNSBRUCK MEADOWS
DB\IELOPMENT, lNC., a ColordildCorporation, hercinafter refcned to as nDevelopcrn, and
' the TOWN OF VAIL, a Colorado Municipality, by ond through ir Councll, hcroinrftcr
refened to as the nTown".
WITNESSETH:
WHEREAS, Devolopcr, in connsction wilh ths approval of the final plot for Innsbruck
Meadows, Vail, Eagle County, Colorado (the'Subdivision'), desires to enter into aDeveloper
Improvement Agrcement with the Town as provided for by Section 17.16.250 ofthe
Municipal Code of the Town of Vail, as amcnded; and
WI'IEREAS, pursuant to said io<le, the Town dcsires to makc rcasonable provision for
completion of certain improvements ('Improvements) set forth in Exhibit'A" attached hereto
and by reference incorporated herein; and
WHEREAS, Developer has agreed to be responsible for thc pcrformance and
completion of the Improvemcnts.
NOW TIIEREFORE, in consideration of the following mutual covenants, conditions
and promises, the parties hereby agree as follows:
l. Developer agrees to firrnish atl pcrsonnel, cquipment and matcrial neccssary to
perform and completg in a good and workmartlike manncr, all Improvements and wort
incidental thereto as set hrth in Exhibit nA'. Developer further agrees that it will be
responsible for all work set forth in Exhibit nA'. Town of Vail agrecs to commit I contribution
of $-7,275.00 for the storm sewer construction. This payment shall be made from the Town of
Vail to.the Developer upon completion and acceptance of the Improvements. All said work
shall be performed substantially in accordancc with the construction specifications and
drawings as approved by the Town. All work shall be done under the inspection proceduru
and standards CItablished by the Town, and shall be to the reasonable satisfaction of the Town
and shall not be dcemed complete until approved nnd acceptcd by the Town Engincer.
?i3 The Town agrees to approval ofthc Subdivision subject to the terms and
conditions of this Agreement.
3. The private driveways within the Subdivision as shown on the final plat will be
maintained as private access and may be closed to the general public by signs; provided,
however, that any srch signs shall be approved by the Town
4. Upon completion of portions of thc Improvemcnts, Developer will cause its
engineers (who shall bc registered in the State of Colorado) to certify in writing that thc
installation of the Improvements, as portions thereof may be completed from time to time, have
been complaed in conformance witlr all standards, drawings and specifications as submitted to
and previously approved by the Town. Inspection reports, test rcsults and other supporting
documentation shall be submitted with thc ccrtification. Tho Town may provide pcriodic
inspections as it deems necessary to tssurc conhrmancc with the approved plans and
spoeifications.
5. Dcveloper agreer to complete constnrction of all Improvements within three
yeart of tlrc date of the Town of Vail Planning and Environmental Commission approval of the
IindPht as provided in Scction 17.16.330 of the Municipnl Code of the Town ofVail,
Colorado.
6. Develbperwarrants and guarantccs that the Imprwemcnts constructed and
instolled pursuant to this Agreement shalt be constructed and installed in a workmanlikc
manncr $ritablc for tho ila.A uscs and in nccordancc with the fr*Or" ro*n
spccifications for a period ofone year aftcr acccptance by the Town.
7. Exccpt as provided in this Agrccment, Developcr agtecs that" in the went it
shatl fail to perform its obligations as set forth hercin, thc Town shall not be obligated to issue
c€rtificates of occupancy for any nsw structure to be constructed within thc Subdivision.
Dweloper agrees to complete the storm sewer and curb and gutter along Kinnikinnick Road
on or behre October l, 1995. The pedestrian walhvay shall be completed by September 15,
1996. Temporary certificate of occupancy shall only be issued by Town if thc uncomplcted
pedestrian walhuay or landscaping are bondcd or sccured by a letter ofcrcdit ftom a local
bank. Notwithstanding the abovc no tcmporary certificatc of occupancy shall be available for
issuance for any residence until thc utility infrastructure scrvioing roid roridcnco, md tho curb
and gutter and storm sewer system, has been complcted and accepted by the Town. All
maintenance (snow removal, sweeping landscaping and weed controD strall bc the
responsibility of the Developcr or the Horneownc/s fusociation.
8. Thc Town shall not, nor shatt any oflicer, agent or cmptoycc thcreof, be liablc
or responsible for any accident, loss or damage related to the work specilied in this Agreemenq
nor shall thc Town, norany of its oflicers, agents or employecs thereof, be liable for any
persons or property injured by reasorl of the nature of said work AII of said liabilities are
hereby assumed by Developer, unless the liabilities dircctly result from the negligent or
intentional actions of the Town, its oflicerg agents or employees. Developer hereby agrees to
indemni$ and hold harmless the towtl and any of its offrcers, alents or employecs against any
losses, claims, damages or liabilities to which the Town or any of its oflicerq agents or
employees may becomc subject to, because of any losses, claims, damages or liabilitics (or
actions in respect thereof) that arise out o{, or are based upoq any obligation ofDevelopc as
herein before stated. Furthermore, Developer shall reimburse the Town for any and all legal or
other orpenses reasonably incuned by the Town in connection with investigating or dcfonding
any such loss or clairr
9. Dcveloper shalt provide the Town of Vail with a lctter of credit in an amount
equal to 125% of thc estimated costs of completion of all Improvements relatcd to public
improvements (hereinafter refened to as thc nletter of Credit"). Public improvements are the
pcdestrian walhray, storm solver, and curb and gutter. The estimatcd costs ofcompletion of
atl Improvcments is attached hereto as Exhibit nA". Said Letter of Credit shall be provided to
Town prior to, or concurently with, ocecution of final plat. Altcr completion of all Improre-
ments, the Dweloper shall petition to the Town for final acccptance of the Improvements. As
portions of the Improvements to be dedicatcd to the Town are mmpleted, theTownEngineer
shall inspect therq and upon approval and acceptance, he shall authorize the release ofthe
agreed estimate for that portion of the Improvements except thal in no event shall any such
progress payment cause the remaining sums sccured by thc Letter of Crcdit to be less than an
amount e4ual to 100/o of the estimated cost (as set forth in Exhibit "A") of completion of all
remaining Improvements and firrther provided, however, that l0% of the estimated cost shs[
be withheld until all proposed improvemcnts arc completed and approved by the Town
Enginecr.
10. Upon default by Devetoper, the Town shall have the unconditional right to
make a claim against the Lctter of Credit and to withdraw lirnds upon demand to partially or
fully complete and/or pay for any improvemcnts or pay any outstanding bills for work dono
thcreon by any party. Notwithstanding any provision of this Agrccmcnt, the partics hercto
agree that the Town shall be under no obligation to comptete or perform any ofthe
Dcveloper's Improvements.
I l. Upon o<eortinn of this Agrccment by the partics hcreto, the Town agrees to
E(ecute the final plat forlnnsbruck Meadows and to accept the same for recordation in the
Clcrk and Recorde/s Office ofEagle County, Colorado, upd,n the psyment or recording feer
and costs to the Town by Developer.
12. This Agreement maybc amended from timc to timq provided that such
amendment(s) be in writing and signed by all partics hcreto.
13. In the event of a lnwsuit arising out ofthe terms of this Agrcement, thc
prevailing party shall be entitlcd to court costs and reasonable attorney's fees.
14, ffris egtent and the obligations hereof shall Ur0m.a to be covensnts
running with the lard and shall bc binding on thc successors and assigns of thc parties hereto.
The parties have orecuted this Agrcement as of the datc first above written.
TOWN 0F VAII4 a Colorado Munlclpal
Corporation
Attest:
STATEOFCOLORADO )
) ss.
COI'NTYOFEAGIE )
s:b'lli$9,y',ryJo before \: :Iffiqo* ffi, rp,s, b12^byrj ql, net.n+nt .asrt#ffin L, mc dl
as Town CIulg ofthe TOWN OF VAIL, a Colorado Municipal CorpoAtion.
Witness my hand and ofticial seal.
My Commision expires: lty ConnissiwEqftesJun l7,t9fl5
@)
STATEOFCOLORADO )
) ss.
couNTYoFEAGLE t ^ . @z
subscribed abd sworn to bcforc nethis$qav "tWggs, orBirkffi
Amsden, asPresident of@., a Colorndo Co-rporationItrt*6eu.E_ yr4?tt pao s gtuc/afhaofi 1/,C
V'liitnees my hand and offi ciat seal,
fuz''"le
,'
ob Mclauriq Town Manager
Town Clerk'
INNSBRUCK MEADOWS
My Commission expires: qrrlr| 5, n qd
A'J' g
FITEMPY
75 South Frontage Road
Vail, Colorado 81657
970-479-213V479-2r39
FAX 970-479-2452
March 15, 1996
Greg Amsden
Amsden, Davis & Fowler
500 S. Frontage Road East
Vail. C-olorado 81657
Department of Community Development
RE: The proposed address change for the Innsbruck Meadows SuMivision
Dear Greg:
The Town of Vail has reviewed your request for the proposed address change in the Innsbruck
Meadows Subdivision.
Upon review of your request for the proposed address change in the Innsbruck Meadows
Subdivision, it has been determined that the request be denied. The denial is based upon the fact
that the rcsidential units cannot be assigned addresses corresponding to Kinnickinnick, since tbe
residential units are not immediately fronting upon Kinnickinnick Road. The 19 units in the
Innsbruck Meadows Subdivision are accessed offof Kinnickinnick Road via five private drives.
Each of the drives is given a numeric address corresponding to its location on Kinnickinnick
Road, and the units are then assigned an alpha letter conesponding to their respective location on
each ofthe private drivcs.
Should you have any questions or concerns with regard to thc information addressed in this letter,
as always, please do not hesitate in giving me a call. I can bs reachcd most easily during regular
office hours at 479-2145.
Sincerety,
fD*-Q'-z-u
George Ruther
Town Planner
GR/jr
{S rrn""ror*"^
To:
Re:
MEMORAI\DTJM
January 24,1996
TomMoorhead,TownAttomeY
t)
George Ruther, Town Planner b'l-'
Innsbruck Meadows Subdivision
The purpose of this mernorandum is to docwnent some of the problems sta.ffhas faced in working
with Bob Bome, the developer of the Innsbruck Meadows Subdivision project.
l. According to the PEC approval, building locations can be shifted up to ten feet on the site
with staffapproval. Staff approved the shift in location of buildings #5 ' Building #6 was
constructed in the ap,provedlocation with the exception of the 3.5 foot encroachment into the
front setback ana eulaing #5 did not shift to the south as proposed, but instead, was moved to
the north. These incorrect movemeirts resulted in the need for a setback variance and a driveway
grade that does not meet the 8% as required.
2. Building #4 was moved substantially on the site without staffapproval. The sbifting of the
buildmg l5-201eet to the north on the site has resulted in the need to correct drive way grades.
3. The construction fence, at Innsbruck Meadows, required by the Desip Review Board to
protect the tees existing on the site and the intemrittent sheam was put up only after constant
appeals from the staff. The fence, once erected, was not to be removed until after construction
was completed. Staffon several occasions has had to contact the developer to get the fence
reinstalled. The developer has also allowed construction materials to be stored in the area to be
protected even though the Design Review Board indicated that was not permitted'
4. The developer has proceeded to make changes to the exterior of the buildings without
fust receiving the proper approvals. Once the elanges have beeo made, the developer then
requests staff approval. If staff will not approve the changes, the request is taken to DRB where
itis approved
5. Staffhas had to contact the developer to insure that the road adjacent to the project is
kept clean and maintained.
6. An illegal temporary site development sip was displayed on the property. The sign was
illegal since the developer had not received approval from the DRB. The developer has since
gone tbrough the review process.
7 . According to the original hnsbnrck Meadows Subdivision approval, 15 feet of separation
must be maintained between shuctures on the site. The exterior of Building #5 had to be changed
to accommodate the I 5 foot separation requirement since building s #5 & #6 were not constucted
in the approved locations.
8. The developer has failed to follow proper Building Depaxbrcnt inspection procedres
since inspection cards are not readily available, approved field copies ofbuilding plans are not
kept on ,it , th" developer or his representatives have not been present during inspections, etc"
9. A large road cut was made by the developer up on Cortina Lane' The road cut was made
to allow the developer to access the site to complete a soils test. When the soils test was
completed, the road cut was never revegetated as the developer committed to doing. The
developerhas since soldthe lot.
These are some of the more disturbing situations the Town sta.ff has been involved in with Bob
Bome. In the staffs opinion, the situations described above have resulted in unnecessary
taxpayer expense and numerous hours of stafPs time.
cc: Susan Connelly, Director of Community Development
0*r fr/- thg
75 South Frontage Road
VaiL Colorado 81657
970479-213V479-2139
FAX970-479-2452
July 7, 1995
Department of Community Development
Sally Brainerd
RKD
1000 Lionsridge Loop, #3D
Vail, CO 81657
Re: Innsbrook Meadows Dcsign Revicw
Dear Sally:
Thank you for appearing before the Design Review Board (DRB) on Wednesday, July 5th, 1995'
with the proposed changes to the residences io the Innsbrook Meadows development The
Design lieview Board reviewed the changes proposed conceptually, and provided suggestions for
imprivelnents. The suggestions provided by the DRB should be addressed by yourself or Bob
Bome at thc time of finll review. Currently, it is my understanding that you wish to appear
before the Desip Rcview Board for fural review on Wednesday, July l9tb" 1995. If this is in fact
the case, I will need to see revised &awings by no later than noon, Friday, July l4th, 1995'
The issues addressed by the Design Review Board with regard to the proposed changes to the
residences at the Innsbrook Meadows development include:
Unit#5
l. To provide additional fenestatiou to the stuchre, please consider adding windows tothe
garage on the street elevation as well as examine the window configurations proposed in the
employee housing rmit.
2. Additional landscaping should be used along the steet elevation to help disguise the stucco
garage wall.
3. Six by six posts should be used to support the cantilevered portion ofthe residence.
addiiionafly, decorative braces should be used to help support the structure as has been done
in other places on th€ sffucture.
{grn "uot*o
Urlrt#447
1. A window should be added to the proposed kitchen.
Unit#6
l. A window should be added to the proposed kitchen.
2. Simitar to what was recommended for Unit #5, additional windows should be added to the
gaxage elevations as well as additional landscaping.
3. A visit to the site on July 6th, 1995, indicated that the hees tranqplanted did not survive.
Please take note that additional trees will be required to rqrlace those transplanted hees that
did not survive.
Unit#2
l. A change in the chimney design is recornmended. As drawn on the elevations, the proposed
chimney protiudes through the roof and eave. It was the opinion of the Design Review Board
ttat Oe ciimney should not protnrde tbrough the eave and roof, but instead be an architectural
feature that stands alone on the side ofthe building.
Unit #3
l. Similar to what has been done with the other garage structures within the development,
windows should be added to the garage elevation.
2. Substantial landscaping will be required along the steet elevation of Unit #3'
Again, thank you for appearing for the Design Review Board on Wednesday, July 5th, 1995' with
thi proposed it*ctot"r in the Innsbrook Meadows development. Should you have any questions
ot coo""*s with the information addressed in this letter, as always, please don't hesitate to give
me a call. I can be reached most easily during regular office hours at 479-2138.
Sincerely,
/1 t4Ary-. $ttrba.____-,
/
George Ruther
Town Planner
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FILE COPT
TOWN OFVAIL
75 South Frontage Road
VaiI, Colorado 81657
970-479-213V479-2139
FAX 970-479-2452
Departnent of Comrnunity Development
Junc 18. 1997
Bob Bornc
Snowshoc Dcvelopment, Inc.
P.O. Box 4205
Vail, Colorado 81657
Rc: Request to amcnd thc previously approvcd plans for tnnsbruck Mcadows'
Dcar Bob,
I havc complctcd my rcvicw of your rcquest to makc minor modifications to thc prcviously
approvcd plans for Innsbruck Mcadows.
Bascd upon my revicw. your rcqucst is staffapprovablc with thc following conditions:
l. That you rcducc thc sidcwalk from scvcn to four in width for thc entirc lcngth of thc walk.
2. That asphalt rcmains as thc surfacc matcrial for thc sidcwalk to cnsurc an all-wcathcr
surfacc.
3. That you submit a revised ovcrall sitc plan of Innsbruck Meadows showing thc new
sidcwalk width and location.
4. That the changcs to the alrcady constructed portion of thc sidcwalk arc complcted by July
20, 1 997, include I andscaping.
I hopc you and the homeowners are agreeable with the staffls position. lf you have any qucstions
or concerns, pleasc do not hcsitatc to call. You can reach me at 479'2145'
Sincerely,
fL^+-Rul-t
Georgc Ruthcr
Town Planner
{g*nouoru",
I
Qufns? Call the Plaruring Staff at 4?9-2138
APPLICATION FOR PLANNING AND ENVIRONMENTAL
COMMISSION APPROVAL
CENERAL INFORMATION I
This application is for any project requiring approval by the Planning and Environmcntal Commission. For specific
information, see thc submittal requirements for thc particular approval that is requestcd. Thc application can not bc
accepted until all required information is submitted" The project may also need to be reviewed by thc Town Council
and/or thc Dcsign Rwiew Board.
ryPE OF APPLICATION:
E Additional CRFA (250)to an Approved Development Plan
Housing Unit (Typc:
-)
or or E Minor CCI Extcrior Alteration
(VailVillage)
tr Zoning Codc
Major or tr Minor CCII Extcrior Altcration
(Lionshead)
Special Developmcnt Distict
Major or E Minor Amcndmcnt to an SDD
B.DESCRIPTION OF
tr
tr
TOWN0.FVNL
tr Bed and Brealf,asttr Conditional Use PcfriU Major j trMi
tr SigrV
ZONING: AtuaP
c.
D.
LOCATION OF PROPOSAL:LOCK-FILING
.,.S- BUILDINGNAME:
NAME oF owNER(s): {3 h Brt ^-, --
MAILINCADDRESS: 7.O, FOT 4ZOI
PHONE (k-'sZc a,
F.owNER(S) STGNATURE(S)
NAMEOFREPRESENTATIVE: PP-U
FEE . SEE THE SUBMITTAL REQUIREMENTS FOR THE APPROPRLATE FEE.
STJBMIT TIIIS APPLICATION, ALL SUBMTTTAL REQUREMENTS AND THE FEE TO THE
DEPARTMENT OF COMMUNITY DEVELOPMENT, 75 SOUTH FRONTAGE ROAD,
VAIL, COLORADO 81657.
For Office Use Onlv:
FeePaid: ZSb'" CIdt 3?f-/ By: r?r?t
Application p"t", {-}? -?7 pECMcetingDatc:
G.
H.
MAILING ADDRESS:
Rcviscd 6D6
o
75 South Frontage Road
Vail, Colorado 81657
970-479-213V479-2139
FAX 970-479-2452
Departrnent of Comrnunity Development
Jurrc I l. 1997
Bob Bornc
Snowshoc Dcvelopmcnt, Inc.
P.O. Box 4205
Vail, Colorado 81657
Rc: Rcquest to amcnd thc previously approvcd plans for Innsbruck Mcadows
a
Dcar Bob,
I havc complcted a prcliminary rcvicw of your application rcqucsting a changc to thc prcviously approvcd
plans for thc Innsbruck Mcadows Dcvelopmcnt.
I and thc othcr planncrs in thc Community Dcvclopnrcnt Dcpartmcnt visitcd thc Innsbruck Mcadows
Dcvclopmcnt. Thc purpose of our sitc visit was to walk thc constructcd portion of thc pcdcstrian path
and to dctcrminc thc impacts of rcmoving thc cntirc path from thc approvcd devcloprncnt plan'
From our sitc visit, thc staffbclicvcs thc pcdcstrian path should rcmain as a fcaturc of thc projcct. Wc
belicvc thc pcdcstrian path scrvcs as an amcnity to Innsbruck Mcadows and thc ncighborhood. Howcvcr,
wc fccl that thc path is too widc and out of rcalc with thc rrcighborhood.
Thc staff would rccomnrcnd that thc width of thc cntirc path bc rcduccd from scvcn fbct to four fcct. This
would significantly improvc thc landscapc, rcducc snow rcmoval problcms and rcsolvc thc acsthctics
conccrns of thc homcowncrs. Additionally, wc will rcqucst that thc Town of Vail Public Works
Dcpartmcnt install additional dog wastc bag dispcnscrs on cithcr cnd of thc projcct. As thcsc bags gct
us.d by dog walkcrs if availablc, wc bclicvc this will hclp rcsolvc thc dog wastc problcm currcntly bcing
cxpcricnccd by thc homcowncrc.
Thc recommcndation dcscribcd in this lcttcr can bc staff approvcd. Wc will handle the staffapproval as a
DRB application. Since we would rcvicw the requcst as a DRB application, I will refund all but $20.00
of your PEC application fec. If you are agrccablc to thc staff s rccommcndation, please contact me
immcdiatcly so I can removc this itcm from the June 23, 1997,PEC agcnda. You can rcach me at479-
2t45.
Sincerely,
FIIE COPY
fL^-*-QgtZ--,t
Gcorgc Ruther
Town Planner
tPu"nuo'uo
Community Development Plan ng Form
o
Routi
Approved Denied (cite detailed reasons) Approved with conditions
Routcd To:Greg Hall, Public Works
Terri Partch, Public Works
Todd Oppenheimer, Public Works
Mike McGee. Fire
Rctum To:Gcorgc Ruthcr. Community Dcvclopmcnt
Date Routcd:
Innsbruck Mcadow - sidewalk
Project Description:Rcquest to modify dcvclopmcnt plan to rcmove sidcwalk.
f:t.t!ryoncuoflVqlform
cornn?niff Development plan nootg Form
Routed To:Greg Hall, Public Works
Terri Partch, Public Works
Todd Oppenheimer, Public Works
Mike McGee, Fire
Retum To:George Ruther, Community Development
Datc Routed:5/27t97
Retum By:6/4/97
Project Name:Innsbruck Meadow - sidewalk
Project Address:
Project Legal:
Project Description:Request to modifu development plan to remove sidcwalk.
Approved X Denied (cite detailed reasons) Approved with conditions
ot N Vye ?Ef..rcd'\y- wog a :xr.roJ cadihih F urlen mis deve topnenf vss criq4nal
eyrouid pcoirde pe&<k,ien qc.cess I n ior'Jq c'hnf .F
&r t^f bo< ro r.l te -
En u . Portwr
Adjacent ltropcrlies to hlrsbruck [t'lcadows
Colunrbme North
l'.O. llox 5940
Vail, C0 I1658
Colunrbine West
l'.O. tlox 447
Vail, CO 81658
'l'rnrber Creek Townlrcuses
l'.O. Dox 3478
Vail, C0 81658
Camelot Towiltouses
P.O. llox 2l2l
Varl. CO 81658
lnnsbruck Cottdontiniutns
P.O. l.lox 485
Vail. CO 81658
Meadow Creek Condontiniuuts
143 E. Meadow Drive
Vail, CO 81657
l(ush Condonrrruums
2821 tlasingdale lllvd #4
Vail, CO 81657
Merv Lapin
232W. Meadow Dr.
Vail, CO 81657
r\rur llowie
3600llolntes
Kansas City, MO 64109
Gary Cohen
c/o Frark McKibben
Vail ValleY Real Esbate
228 Bridge St.
Vail, CO 81657
Rob Rymer
c/o Greg Amsden
Amsden, Davis,Fou'ler
500 S. lirorrtage Rd.W. #l l2'lhe Wrcn
Varl. CO 81657
Peter Battin
2832-D Kinnickinnik Rd
Vai1, CO 81657
Mike & Jenny Friedman
2832-c Kinnickinnik Rd
Vai1, CO 81657
G. Semrod / S. McDennott
7347 Hookinq Road
Mclean, VA 2'llOI
CHRISTIAN & KIMBERLY GRAMM
c/o Amsden, Davis. Fowler
500 S. Frontage Rd. W. #l 12 The Wren
Vail. CO 81657
TOM & KAREN LAFFERTY
c./o Vail Vision
221I N. Frontage Rd W. - Suite 105
Vail, CO 81657
Richard & Marilyn Cook7274 DeLIa DriveOrlando, FL 32919
Frank & Mary Brooke
5636 Oakwood CircleLong crove, IL 60047
Tracy Mccoy
2782-9 Kinnikinick RdVail, CO 81657
.\Llil
Columbine NorthP.O. Box 594OVait Co 81658
Timber Creek Townhouses
P.O. Box 3478
vail Co 81658
Columbine WestP.O, Box 447Vait, CO 81658
Meadow Creek Condomin iums
143 E. Meadow Drive
Vail CO 81657
Camelot TownhousesP.O. Box 2727vAil co 81658
;T:r;5;-ocondom i n i ums
Vail CO 81658
o
Merv Lapin
232 W. Meadow DrtveVail C0 81657
-rrLEl
''-'- :r1rr'r I
Ann Howie
3600 Hotmes
Kansas City, MO 64109
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Gary Cohenc,/o Frank McKdbbenVail Val1ey REal Estate
228 Bridge St.vAil CO 8i657
Rob Rymer e,/o Greg AmsdenAMsden, DAvis, Fonler500 S. Frontage Rd. W.
#1 12 The WrenVail CO 81657
w
Peter Battin
2832-D KinnlkinickvAil CO 81657
Rd
T:I: : {9'nv Friecrman
iiif-Eo*tnnikinick Rd
G. Sernrod ,/7347 HookinoMclean VA -
S. McDermott
Road,,'
22I01
Christian & Kinberly crammc/o AmsdenrDavis,Fowler
500 S. Frontage nO. W.#112 The WrenVail CO 8165?
Tracy McCoy ...r+.-2782-8 Kinniklnlck RdVail, CO 81657
Frank & Mary Brooke
_5636 Oakwood Circler,ong crove, fL 60047
Richard & MariLyn Cook7274 Delta Driveorlando, FL 32g19
i
I
Ton & Karen Lafferty
c,/o VAil Vision
22LL N. Frontage Rd. fl.Suite 105vAir co 81657
THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN lhat the Planning and Environmental Commission of the Town of
Vail will hold a public hearing in accordance with Section 18.66.060 of the Municipal Code of the
Town of Vail on June 23, 1997, at 2:00 P.M. in the Town ol Vail Municipal Building. In
consideration of:
A request to amend Chapter 18.71-Additional Gross Residential Floor Area of the Town of Vail
Munibipal Code, with lhe addition of a new section pertaining to the addition of new GRFA
created by the conversion of interior space in existing dwelling units.
Applicant: Town of VailPlanner: Fluss Forrest
A request for a worksession to discuss a conditional use permit, to allow for the construction of
the Alpine Garden Education Center, located at 620 Vail Valley Drive/Tract A, Vail Village 7th
Filing.
Applicant: Vail Alpine Garden FoundationPlanner: George Ruther
A request for a conditional use permit and a variance from Section 18.22.14O (On-Site R9-Cq.lred
Parking), to allow for the operation of a real estate office in the Swiss Chalet, located at 62 East
Meadow Drive/Lot K, Block 5E, Vail Village 1st Filing.
Applicant: Johannes FaesslerPlanner: Dominic Mauriello
A request for a variance from Section 18.30.060 (Setbacks), to allow for a canopy to b_e located
in thd front setback and a variance lrom Title 16, to allow the rooftop sign to exceed 20 sq. ft.
and to allow a free-standing sign to exceed 8' in height and 20 sq. ft. in size, located at 2313
North Frontage Road West/Tract B, Vail Das Schone 1st Filing.
Applicant: Dick Dilling, represented by JMP ArchitectsPlanner: George Ruther
A request for changes to an approved development plan, to allow for the removal of a bicycle
mth. located at Innsbruck Meadows on Kinnickinnick Road.
{IrFlicant: Bob Borne, represented by RKDzEdnner: George Ruther
A request for a variance from Section 18.28.070 (Setbacks) and a conditional usepermit for an
outdoor dining deck, to allow for a deck expansion at Crossroads, located at 143 East Meadow
Drive/Lot P, Block 5D, Vail Village 1st Filing.
Applicant: Mountain Top lce Cream (Haagen Daz), represented by Bill PiercePlanner: Dominic Mauriello
ulYl"
Y
An appeal of a stafl decision regarding a proposed batting cage on the outdoor dining_deck of
Cartbir's Saloon, located at 143 East Meadow Drive/Lot P, Block 5D, VailVillage 1st Filing.
Appellant: Dave GartonPianner: Lauren Waterton
A request for a final review of a zoning code amendment, to allow for outdoor commercial ski
storabe. as a conditional use and to allow for commercial ski storage (indoors) in all building
levels-, lbcated in the CCI and CCllZone Districts.
Applicant: Vail Associates, Inc., represented by Joe Macy
Planner: Lauren Waterton
The aoolications and inlormation about the proposals are available tor public inspsction during regular office hours in
tn" prbiea ptanner's otfice locat€d at the Tbwn of Vail Communily Development D€parlmsnt, 75 South Frontage
Road.
Sign language inl€rprelation available upon r€quest wilh 24 hour notification. Please call 479'2114 voice or 479-2356
TDD for information.
Community Development Dopartmenl
Published June 8, 1997 in the Vail Trail.
\-'A
TGUJ}{ OF UFIII-
l'liscel I arpous Cash
F13-?7-'.17 15: ff?: f,l
Receipt S 225384
ffccnuntf f,Hff3954
PFiD"I::HFI.{GE5 TC' fiPPEOUE OEU PLRH
ffrri,runt, tendered l ?58. BS
Item paid H&orrnl Ftsid
6t8BEE4lgSB66Er 258. ge
Charrge rel.urned ) H' EE1
THF|HT< VSI-|
\',:ur caEhier F;EffTHB
75 South Frontage Road
Vail, Colorado 81657
303-479-2107 / FAX 303-479-2157
TO:
FROM:
DATE:
SUBJECT:
Office of Town Anorney
MEMORANDUM
George Ruther
R. Thomas Moorhead /jrnlLll
I
April 21, 1995
Insbrook Meadows Developer lmprovement Agreement
George, I have taken the opportunity to review the DlA. The last paragraph of Paragraph 9
should read as follows. (Removing the sentence which is presently there.) "As portions of fie
improvements to be dedicated to the Town are completed, the Town Engineer shall inspect them,
and upon approval and acceptance, he shall auhorize the release of the agreed estimate for that
portion of the improvements except that, in no event shall any such progress payment cause he
remaining sums secured by the Letter of Credit to be less than an amount equal to 100o/" of the
estimated cost (as set forth in Exhibit "A") of completion of all remaining lmprovemenb and
further provided, however, that 10% of the estimated cost shall be witrheld until all proposed
improvements are completed and approved by the Town Engineer."
We also need a change in Paragraph 10, which should read as follows: "Upon default by
Developer, the Town shall have the unconditional right to make a claim against the Letter of
Credit and to withdraw funds upon demand to partially or fully complete ancUor pay for any
improvements or pay any outstanding bills for work done thereon by any party. Notwithsianding
any provision of this Agreemenl, the parties hereto agree hat the Town shall be under no
obligation to complete or perform any of the Developer's lmprovements.,
lf you have any other questions or comments, please give me a cail.
rnu:irs. ,z'/ lF-r;*' lu/
RTM/aw
oo
Department of Communiry Development75 South Frontage Road
Vail, Colorado 81657
970-479-213V479-2139
FAX 970-479-2452
July 10, 1996
Bob Borne
Innsbruck Meadows Developm ent
P,O. Box 4205
Vail, Colorado 81657
Re: Landscape inspection
Dear Bob,
On July g, lgg6,in your company, I completed a preliminary landscape inspection of Lots 3,4,5
and 6, Innsbruck Meadows Subdivision,
Upon preliminary review of the landscaping on the lots, several outstanding items must be
comptiteO. The purpose of this letter is to provide you with a list of the outstanding items which
must be cornpleted. The outstanding items are:
l. At least three of the bees located north of unit 6 must be relocated approximately five feet
to the south. The relocation is intended to accommodate the constuction of the required
six-foot wide pedestianlbike path requircd by the Town Council.
2. A small three-foot height (max.) berm is required on the east side of the driveway entrance
to Lots 3,4, 5 and 6.
3 , The existing pile of gravel stones behind unit 6, adjacent to the natural area, must be
cleaned up, and the area raked and planted with native grass seed'
4. The steep, exposed cuts behind units 5 and 6 must be regraded to a 2:1 slope (max.) and
revegetated to avoid unnecessary erosion.
5. At the time of the inspection, none of the required ornamental tees or the sbrubs were
planted. All the ornamental trees, shrubs and sod must be installed prior to the issuance of
a final certificate of occupancy for any of the structures in the suMivision.
6. Prior to the installation of the six-foot wide, asphalt pedesbianlbike path, please stake the
TOWN OFVAIL
{g r"n"uoruo
center line ofthe Path.
Once of the outstanding items listed above have bean completed,ple-ase-contact rne so we may
schedule a time when you and I can meet at the site to reinspect the landscaping. I suspect this
work will be completed in the upcoming weeks.
Should you have any questions or concems reguding the information addressed in this letter'
please do not trcsitaie in giving me a call. You can reach me most easily at479'2145,
I look forward to hcaring frorn you soon.
Sincerely,
r4?,*p,r-r
George Ruther
Town Planner
TUryNOFVAIL
FILF COPY
D epartment of Community Developrnent
RE: The request to amend thc previously approved Site Development Plan
Dear Bob:
Thank you for appearing before the Planning and Environmental Commission on Monday, May
20, 1996, with the proposed changes to the previously approvcd Site Development Plan for the
Innsbruck Mcadows Subdivision. As you are aware, the Planning and Environmental Commission
I approved your rcquest to amcnd thc previously approved Site Development Plan by a votc of 5-0-
I (Amsdcn abstained). The Planning and Environmcntal Commission's approval caniod with it
eight conditions. The purpose ofthis lefter is to inform you ofthe cight conditions. The
conditions are:
L The applicant submit to the Town of Vail, an enginecred drawing indicating the proposed
driveway configurations for Buildings 8-13. The plan shall includc garage slab elevations
corresponding to those indicated on the site plan, as well as proposcd gradcs for the
driveways. Driveway grades shall be those approved by the PEC on April 8, 1996. The
plan shall be reviewed by the Town Engineer.
Z.@fneTown of Vail Fire Departnent sign offon thc driveway plan.
3. Prior to the request for a framing inspection of Buildings #14,#12, #9 and #8, the
applicant will execute an encroachment agreernent betwecn thc dcveloper, the Town of
Vail and the utility companies for each building.
461 The applicant's ncxt request for a Building Permil will be for a structure containing an\7 gsrylsyee housing uni! to insure the compliancc with thc requircd ernployee housing unit
phasing plan. Additionally, it shall be the applicant's responsibility to proceed with due
diligence torvards cornpletion of that cmployee unit.
75 South Frontage Road
Vail, Colorado 81657
303 -479-2 I 3 8 / 479-2 I 39
FAX 303-479-2452
May 21,1996
Bob Borne, President
Innsbruck Meadows Development Inc.
P.O. Box 4205
Vail, Colorado 81658
f?;^1rt''-
5. ' Condition No. 6 of the Planning and Environmental Commission's recommendation of
approval allowing staff to approve shifts in thc building fooprint location of up to l0'
from thosc sho*n on the proposed site plan and approved by the Planning and
Environmental Cornmission on May 20, 1996, be amendcd. The condition shall be
amended to allow up to 2 shifts. The site plan proposed by the applicant shall be the.site
plan constructed forthis project per the dimensions and elcvations indicated on the site
Plan.
6. As orieinaly conditione4 all buildings within the Innsbruck Meadows Subdivision shall
6A nant"rn a minimum | 5' se,paration between shuctures, includiug all decks and
cantilevered portions, but excluding eaves'
7. That the Town of Vail Design Review Board rcvicw the proposed landscape plan. The
7i) plannine and Environmental Commission recommends that the Design Review Board take
. W aclose look at tbe landscaping to the south of Building #13, and the landscaping proposed
between the relocated bike path and the single family residences.
8.^ That the applicant significantly rotate Building #l I on tbe site and return Building #10 to
fn)) itsorisinai iocation. The intent of the rotation of Buildings #10 and #l I is to create a\:7 *raggfr edge" along the south property linc as originally required by thc Planning and
Envirronm ental Commission.
Again, thank you for appearing before the Planning and Environmcntal Commission on May 20'
I g!6. fach of the conditions addressed must be resolved prior to application for building permit
for any of the buildings on thc east half of the Innsbruck Meadows Subdivision. Should you have
any questions or conccrns with rcgard to the information addressed in this lctter, as always, please
donot hesitate in giving me a call. I can bc reachcd most casily at 479-2145.
Sincerely,W€*-
George Ruther
Town Planner
GR/jr
vtt
DEVELOPER IMPROVEMENT AGREEMENT
THIS DEVELOPERIMPROVEMENT AGREEMENT (the "Agreement") is made
and entered into this _ day of April, 1995, by and between INNSBRUCK MEADOWS
DEVELOPMENT, INC., a Colorado Corporation, hereinafter referred to as "Developer", and
the TOWN OF VAIL, a Colorado Municipality, by and through its Council, hereinafter
referred to as the "Town".
WTINESSETH:
WHEREAS, Developer, in connection with the approval of the final plat for Innsbruck r
Meadows, Vail, Eagle County, Colorado (the "Subdivision"), desires to enter into a Developer ln--
Improvement Agreement with the Town as provided for by Section 17.16.250 ofthe .)W f ,/ n
Municipal code of theTown ofvail, as amended; and ffiAl"r,iir**r./'En$t**,n(7
WHEREAS, pursuant to said Codg the Town desires to make reasonable provision for
completion of certain improvements ("Improvements") set forth in Exhibit "A" attached hereto
and by reference incorporated herein; and
WHEREAS, Developer has agreed to be responsible for the performance and
completion of the Improvements.
NOW THEREFORE, in consideration ofthe follorving mutual covenants, conditions
and promises, the parties hereby agree as follows:
1. Developer agrees to furnish all personnel, equipment and material necessary to
perform and completg in a good and workmardike manner, all Improvements and work
incidental thereto as set forth in Exhibit "A". Developer further agrees tlat it will be
responsible for all work set forth in Exhibit "A". Town of Vail agrees to commit a contribution
of $7,275.00 for the storm sewer construction. This payment shall be made from the Town of
Vail to the Developer upon completion and acceptance of the Improvements. All said work
shall be performed substantially in accordance with the construction specifications and
drawings as approved by the Town. All work shall be done under the inspection procedures
and standards established by the Tow4 and shall be to the reasonable satisfaction ofthe Town
and shall not be deemed complete until approved and accepted by the Town Council or said
Councils appointed designee.
I
2. The Town agrees to approval of the Subdivision zubject to the terms and
conditions of this Agreement.
3. The private driveways within the Subdivision as shown on the final plat will be
maintained as private access and may be closed to the general pubtic by sigrrs; provided,
however, that any such signs shall be approved by the Town.
4. Upon completion of portions of the Improvements, Developer will cause its
engineers (who shall be registered in the State of Colorado) to certify in writing that the
installation of the Improvements, as portions thereof may be completed from time to timg have
beur completed in conformance with all standards, drawings and specifications as submitted to
and prwiously approved by the Town. Inspection reports, test results and other supporting
documentation shall be submitted with the certification. The Town may provide periodic
inspections as it deems necessary to assure conformance with the approved plans and
specifications.
5. Developer agrees to complete construction of all Improvements within three
years ofthe date of the Town of Vail Planning and Environmental Commission approval of the
Final Plat as provided in Section 17.16.330 of the Municipal Code of the Town of Vail,I ) y',u,-lC'? qp,.,4110^t o'
,*-\/a'
t
Colorado.
a lPce
/'r-(
instalted pursuant to this Agreement shall be constrdcted and installed in a workmanlike
" , & /" , l ,; .
mannersuitablefortheintendedusesandinaccor&ancewiththeapplicableTown , ,/ /4u' ,.,,,,t, lf"'.-( ^specifications9l.p.d"O"f.".y.*m ept34gqbatheTown.,4i,,ir,:i: U*t"- -/--'t-7. Except as provided in this Agreement, Developer agrees that, in the event it t /"/
6. Developer warrants and guarantees Jnut tt
"
Imprwements constructed and , , rnrui*installed pursuant to this Agreement shall be constnicted and installed in a workmanlike -,,(t v t | ,t t
shall fail to perform its obligations as set forth hereiq the Town shall not be obligated to issue
certificates of occupancy for any new structure to be constructed within the Subdivision.
Developer agrees to complete the pedestrian walkway and curb and gutter along Kinnikinnick
Road on or before October l, 1996. Temporary certificate of occupancy shall only be issued by
Town if the uncompleted pedestrian walkway, curb and gutter or landscaping are bonded or
secured by a letter of credit from a local bank. Notwilhstanding the above no temporary,
certificate ofoccupancy shall be available for issuance for any residence until the utility
infrastructure servicing said residence and storm sewer system has been completed and
accepted by the Town.
8. The Town shall not, nor shall any officer, agent or employee thereoq be fiable
or responsible for any accident, loss or damage related to the work specified in this Agreemenl
nor shall the Towq nor any of its ofrcers, agents or employees thereo{ be liable for any
persons or property injured by reason ofthe nature of said work. All of said liabilities are
hereby assumed by Developeq unless the liabilities directly result from the negligent or
intentional actions of the Town, its officers, agents or employees. Developer hereby agrees to
indemni$ and hold harmless the towq and any ofits officers, agents or employees against any
losses, claims, damages or liabilities to which the Town or any of its officers, agents or
employees may become subject to, because of any losses, claims, damages or liabilities (or
actions in respect thereof) that arise out of, or are bhsed uporl any obligation ofDeveloper as
herein before stated. Furthermore, Developer shall reimburse the Town for any and all legal or
other expenses reasonably incurred by the Town in connection with investigating or defending
any such loss or claim.
9. Developer shall provide the Town of Vail with a letter oJcredrt in an amount
equal to 125%o of the estimated costs of completion of all Improvements related to public
improvements (hereinafter referred to as the "Letter of Credit"). Public improvements are the
pedestrian walkway, storm sewer, and curb and gutter. The estimated costs of completion of
all Improvements is attached hereto as Exhibit "A". Said Letter of Credit shall be provided to
Town prior to, or concurrently wrtb execution of final plat. After completion of all Improve-
ments, The Developer shall petition to the Town for final acceptance of the improvements. The
Town shall provide Dweloper with partial releases of the completion of portions of the
Improvements and upon written confirmation of the Town (or its designee); provided,
however, that in no event shall any zuch progress pa)ment cause the remaining sums secored
by Letter of Credit to be less than an amount equal to 100% of the estimated cost (as set forth
in Exhibit "A") of completion of all remaining Improvements.
10. Upon default by Dweloper, the Town shall have the unconditional right to
make a claim against the Letter of Credit and to withdraw funds, provided such funds shall be
held by the Town and used solely for the purpose of completing the improvements or other
work performed on the Subdivision and for no other purpose. Notwithstanding any provision
ofthis Agreement, the parties hereto agree that the Town shalt be under no obligation to
complete or perform any of the DwelopeCs Improvements.
I 1. Upon execution of this Agreement !V the parties hereto, the Town agrees to
execute the final plat for Innsbruck Meadows and to accept the same for recordation in the
Clerk and Recordet's office of eagle County, Colorado, upon the payment or recording fees
and costs to the Town by Developer.
12. This Agreement may be amended from time to timq provided that such
amendment(s) be in writing and signed by all parties hereto.
13. In the event of a lawsuit arising out of the terms of this Agreement, the
prwailing party shall be entitled to court costs and reasonable attomey's fees.
14. This Agreement and the obligations hereof shall be deemed to be covenants
running with the land and shall be binding on the successors and assigns ofthe parties hereto.
The parties have ocecuted this Agreement as of the date first above written.
TOWN OF VAIL, a Colorado Municipal
Corporation
Attest:
lvlayor
Town Clerk
AI\4. BROS. DE\IELOPMENT, INC.
By: GregoryM. AmsderL President
STATEOFCOLORADO )
) ss.
CoTJNTYOFEAGLE )
Subscribed and swom to before me tlris _ day of Apri[ 1995, by
aslvlayor, and
as Town Clerl ofthe TOWN OF VAIL, a Colorado Municipal Corporation.
Witness my hand and ofEcial seal.
My Commission orpires:
Notary Public
STAIEOFCOLORADO )
) ss.
cottNTYoFEAGLE )
subscribed abd snrorn to before me this _ day of April, 1995, by Gregory M.
Amsden, as President of Alr4. BRos. oerreloFfui.ir, D.IC., a colorado corporation.
Witness my hand and official seal.
My Commission expires:
NotaryPublic
By:
Exhibit "A'r
18" CMP
18" CMP- Recor
18rr Annular Bands
2.s@s48
2@8145
2 @ $100
r @ $110
3 @ $s.so' 6 @$22
I @ $600
I @ $236
Public Improvements Estimate
Storm Sewer
777 feet @ $6.90/ft.
37 @ $10.35/band
Manholes(3)
48'rdia. r 30" Precast Base w/2-20r' Holes 2 @5433
48"dia. x 30r' Precast Base il3-20" Holes I @ $500
48"dia. Manhole Material
48,dia" GSTLid Slab
6r' CI Ring & Cover
6'f Inverted Ring & Cover
lil Rub RNeck
Speed Crete
Cntch Bnsin
Valley fnbt Base H=Sr
I-3518 f,'ramg Grate, Eood
Excavation. Backfill. Comnaction
Labor finstall Pine. Manholes. Catch Basin)
TOTAL - Storm Sewer
* Bid from Kemp & Co., Edwards, Colorado.'*r Bid from KED Development, Avono Colorado
Curb and Gutter
Forms. Concrete and Labor
840lineal feet @ $9.00/lineal foot (curb and gutter detail)
':
Pedestrian Walkwav
Gravel. Concrcte and Labor
1,100 lineal feet @ $7.00lineat foot (6'wide, 5" thick)
TOTAL - Curb and Gutter, Pedestrian Wailnvay
*** Bid from Boe Concrete, Rifle, Colorado.
$ 5,361.30
382.95
$ 5,744.25*
$ 866.00
500.00
120.00
290.00
200.00
110.00
16.50
132.00
$ 2,234.50*
$ 600.00
236.00
$ 836.00*
$ 3,500.00**
$ 1.800.00**
$ 14.114.75
$ 7,560.00***
$ 7.700.00***
$ 15.260.00
TOTAL PUBLTC TMPROVEMENT COSTS..... ............*..s.?2499
\l
SITMMARY
LES|S TOWN OB VAIL CONTRIEI'T.'.ION
flNAL COST 11O DEVEX,OPTN,
i
EONIT (FINALOOSTX 125016 )
o
TOTAL PI'BLIC IMPROVEMENTS ESTIMATE S29J75.OO
7T|S.W
st2,100.00
$27,125.00
75 South Frontage Road
Yail Colorado 81657
303479-2 I 07 / FAX 303 479-2 I 5 7
Ostober 6, 1994
Mr. Greg Amsden
Re: Insbrook Meadows Developer Improvement Agreement
ffice of TownAttorney
n[c! 0cI.
ViaTelecouier4TGS6S?
71994
Dear Greg:
On October 6, 1994 I had a meeting with Grq Hall, Terri Martinez, Andy Knudtsea and GeorgeRuther. At the meeting we reviewed Ore discussion concerning your diainage issues and the
improvement agreement that you have submitted.
Greg Hall is willing to commit a contribution of $7,2?5.00 for the storm gewer conshnrction. llhis
payment would be made from the Town of Vail to you upon conpletion and acceptance of the
improvements. This commitnent could be documented in paragraph 1 in place of 'Town ofVail agrees
that it will be responsible for all costs related to said work described in -Exhibit B.'
In regard to paragraph 5, I believe the last sentence is incorrect
In regard to Baragraph ? a Temporary Certificate of Occupancy will only be issued by the Town if ttre
uncompleted pedestrian walkway, curb and grtter or landscaping are bonded.
In paragraph 9 the deposit with the First Bank of VaiI should be in an amount equal to 126% of tlte
e-stimated cost of completion. This is consistent with the condition placed on the iubdivision plat at
the time of rezoning.
Greg Hall feels that the cost-estimate presented on Exhibit A needs more detail. I suggest tlrat you
spelk directly with Greg in that regaril. Based upon the Town's commitment to contrifrte a flat iate
to the storur sewer cost, those costs should appropriately be included within Exhibit A and ftere is
no need for Exhibit B.
If you have any questions or comments please feel ftee to give me a call.
Verytrulyfours, nl\t, \'U"/ 07R il{izLfuillR Thomaf Moorhead
Town Attorney
RTllf/aw
Greg Hall
Teni Martinez
Andy Knudtsen
George Ruther "/
o
Ft[ t c8p y
MAY 17,1994
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, May 77,194, in the Council
chambers of the vail Municipal Building. The meeting was called to order at 7:30 p.M.
VAIL TOVVN COUNCIL MEETING
MEMBERS PRESENT:
MEMBERS ABSENT:
Peggy Osterfoss, ldayor
Merv Lapin, lvlayor PreTern
Iim Shearer
Ian Strauch
Tom Steirrberg
Paul fohnston
Sybill Navas
TOVVN OffiCIAIS PRESENT: Bob Mclaurin, Town Manager
Tom Moorhead, Town Attorney
Pam Brandmeyer, Assistant Town Manager
H"jr$""?ffir on belralf of rown cterk,
Item No I was CitizenParticipation. Diana Donovan, Vail resident, requeted modifications to the
"250 rule." Ratl* than allow property "ddido*u?XXilrfrffifm, a Etructure has had a
Certificate of Occupancy for a qunimum of five years, Donovan suggested limiting the 250 use strictly
for ernployee housing units. Mayor Peggy Osterfoss responded to Oiana's request Uy airecting staff
to review the suggestion aE part of the employee housing work plan.
I1" ryt 2 was the_appoinbnent of two mernbers to the Local Licensing Authority for a 2 year term.
Ygu t ptl moved b aPltrove, with a second bylim Shearer, b appoint Oqr Wfrite and-Elizabeth
Pickett to the Authority. A vote was taken and the motion passed unanirnously, $0.
Item No. 3 was Resolution No. 13, Series oI 7994, a resolution ratifying and adoping the Missiorl
V-ision, Goals and Ogectives for the Town of Vail, C-olorado, tot 7994/i5. Bob Mclaurin explained
the docurnent had been put into resolution form for formal adoption, and after Council aioption
would becoqe a poliry dbcument. An action plan will te presentea to the Council within the next
two to three weeks. Tom Steinberg made a motion to pass Resolution No. 13, with a second by Menv
Laprn. A vote was takm and the motion passed unanimously,5-0.
Item No. 4 was Resolution No. 14, Series of 7994, a resolution approving and adopting the Forest
Service t{na Q1ers-hiq ldjusfinent Plan. Mike Mollica erytained the purposi foiadopting a
common Town oiVail/ U.S. Forest Service boundary. He also explained the Town would be hiring
| $oPer,ty,managet by the third week of June. Mayor Peggy Osterfoss prioritized the goals as
follows: 1. Develop a courmon boundary; 2. Deannex or tade parcels that aie in US. Forest-Service
owners-ttip; 3. Resolve mcroadrmmt issues that irnpact the U.S. Forest Service (tegally or illegally).
Ridt Phelps, U.S. Forest Service, stated the time line for the Forest Service adopioir of the"f^aird
9*gthp |$usEnmt Plan, if ado-pted, would be two weeks. Tom Steinberg madi a motion b pass
Resolution No. 14 with a second by Merv .Lapin. A vote was taken ana tne modon paised
unanimowly, S-0.
Item No. 5 was Ordinance No. 5, Series of 1994, second reading, an ordinance rezoning a tract from
Itimary/Secondary Residential, Section 18.13 to low Density Mdd-Family Reiderrtial,*Section 18.16
generally locaed at 2850 Kinnickimrick Road more commorily referencedthrough ownership as the
I$.tt" ryop€rty. lvtayor Peggy Osterfoss read the title in full. Andy lArudtsEn gave a reiiew of
Planning Commission conditions that had been discussed during the two prior rnee*rgs. He pointed
out under the Vail Land Use Plan the site is designated as Medium Oursity Residenfial, aU6,wing Z
to 33 dwelling units Per acre. Ilre aqplicant proposed S.1 dwelling units per acre. Rick Rosen, h[al
counsel to GreS Amsden, member of PEC and de.velorrer on thp-rrrnie.t- eynlained rhe avr,di'.o'i-r,o
proposal into a subdivider improvern€nts a€reemmt with ttrc Towi of V"if pi"t r" th;;";:irp^;;
9f the prgject-. The curb and gutter would be completed almost immediately, the sidewalk inould
be completed no later ttun lung 7, lgg5, using a-letter of credit to guaru;tee completion. Tom
Moorlread, uponcomp,letign of the improvernmts the developer may apply to have a-portion of ttre
letter of credit released. Qn"-" the premises has been inspectid and afproved by Greg Hall, Town
Engineer, the Town would release with a 107o retainage. lf tlre work hai not bem cotnlUea Uy me
completion date, the Town yould have a right to draw upon the letter. Ttre afrlicants'had
previously ageed to restrict the plat with 15 conditions that staff had listed in a merno. In addition
to those, the applicant agreed to 1) The number of employee housing units shall be increased from
tluee to four. The total number of dwelling units on the site shall r€main a119. 2) The applicant
shall agree to adding language to the deed restrictions requiring that the eurployee housing units
shall be rmted and shall be rented at a market rate. 3) The applicant shatl add two berm at the
additionallandscaping on the rprthwest corner and northeast comer of the sib. 4) The applicant shall
provide a letrer of credits at lEVo of tlle cost of all public improvenrmts. The public improvernents,
specifically the sidewalk, shall be constructed no latec than fune 7,1995. In addition tb the public
improvernenb, the letter of credit shall indude the expense of burying or rerroving one foundation.
fim Shearer made a motion to appr€ve Ordinance No. 5, with a second by Tom SEinberg. A vob
was taken and the motion was passed rl-1., with Merv tapin, in opposition.
Item No. 6 was tlre Town Manageds R€port. Bob McLaurin discussd the Gore Creek Promenade
proF'ct. lhe Town *iU begn repairs on May 23, 19,4. Heated pavers are an option that will be
considered at a later date. He and Kdstan Pritz addressed fan Straudr's crcncerrr with the Town,s
DRB standards to reflect more alpine architecture. They will further address this issue at the May
24,194'wo* session. A thorough review of the Special Development DisEict (SDD) ordinance wiil
take a minimum of four months. The Council set a ]une deadline to make minor modifications to
the SDD ordinance and agreed to send a darification tro the East Village Homeowners Association,
lnc., regarding the eryecbd time line.
Merv Lapin made a motion to adirum into an Executive Session, with a second by Tom Steinberg.
A vote was taken and the mo6on passed unanimously, il).
The meeting ryas recolvened, and there being no further business, a motion to adirurn the meeting
was made and passed unanimously. The meeting was adjoumed at 9:di p.M.
Reepectfu lly submitted,
ATTEST:
Holly L. McCurctreon, Town Clerk
Minuhs bl|n by Mid|olle L Casler
c$ltNl| Yr Zsa
mt-kt" rZlotk e<
MINUTES
VAIL TOVVN COTINCIL MEMNG
MAY 3, 1994
7:30 P.M.
TOWN OFFICIAIS PRESENT:
TOIVN OFFICIAI.S ABSENT:
FIL E coPy
A regular meeting of the Vail Town C-ouncil was hetd on Tuesday, May 3, 1i94, in the Council
chambers of ttre Vail Municipal Building. The meeting was called to order at 7:30 p.M.
MEMBER9 PRESENT:Peggy Osterfoss, Mayor
Merv Lapin, Mayor ProTmr
Paul fohnston
Sybill Navas
Jim Shearer
Ian Suauch
Tom SEinberg
Tom Moorhead, Town Attomey
Pam Brardmeyer, Assistant Town Manager
Michelle cast€r, acting on betrall of Town Clerk,
Holly McCutcheon
Bob Mclaurin, Town Manager
The first item on the agenda was citizen Participation, of which there was none.
Item No. 2 was the Consent Agenda including; A. the approval of April 5,lgg4, and the Aprl tg,
1994, Town Council Evgrmg MinuEs; B. Ordinance No. & series oI 1994, second reading, an
ordinance of the Town Council designating c€rtain areas withil the Town of Vail as firc 6nes;
ajopting a fire_lane map_as the official map of the Town of Vail; and setting forth details relating
thereto' Merv Lapin made a motion that the C-onsent Agenda be approved, with a second by Tori
Steinberg. A vote was tak€n and ttle motion was passed unanimously, Z{.
Item No. 3 was Resolution No. 12, Series of. 1994, a resolution of the Town of Vail, Colorado,
PpTving- the corporate reorganization of Tele'Commrmications, Inc., the parent crcmpany of ttre
franchise holder, and Lib€rty Media Corporation. Tom Moorhead erglained the bisis-for ttre
resolution since cable companies are required to diversify. He explained that only the corporate
structure, and not the local frandtise, will be affectd. Merv Lapin made a motion to aplrrove
Resolution No. 12, with a second by Paul Johnson. The vote wal taken and the motion p:rssed
unanimously, 7-0.
Item No 4 was Ordinance No.5, Series of 1994, tabled after first reading on April 19,7994, arr
grdiyrye rgz_oning a_tract from ltimary/Secstdary Residential, Sectiqr 1E.13 m toiv Oensity UutU-
Family Residential, Section 18.16 generally located at 2850 Kinnickinnick Road, more commonly
referenced through ownership as the Pedotto prop€rty. Mayor Peggy Osterfoss read the title in fuli.
Andy Knudsten gave a review of Plarming Cornrnission conditiors itrat fua been discussed during
the prior meeting. He,pointed out under the Vail Land Use Plan, the site is designated as Mediuri
Density Residential, allowing 7 to 33 dwelling units per acre. The applicant p"oposed 8.1 dwelling
units per acre. Rick Rosen, legal counsel to Greg Amsden, rnenrber of PEC-and dweloper on th6
proiect, explained his reasoning for previously requesting a tabling of ttre proposal. He explained
the following conditions with which the applicants were wiling to oHile i. e pUt te'uictioo
eliminating the 250 from all residences on this site; 2. A plat restriition for imaximurn of 25,9fi) sq.
ltt for GRFA; 3. Ageed to deed restrict three ernployee housing units; 4. Agfeed to have i
Homeowneds Association resporuible for landscaping maintmance, ana repair of ttre proi.ct Rosen
then statert the applicants would not agree with the following: 1. They will not deed iestrict five
units;2. The applicant will not combine units; 3. firey requested Town Council allow DRB to handle
th-e tandscaping plans;4. The Council Mernbers dirussed the rnrious issues of the proposal in
relation to the criteria and the deignation of the Vail Land use Plan. perer Franlce, rrssid&rt,'rryas notin support of the rezoning. Tonr- Steinberg made a motion to approve Ordinance No. 5, with a
second by Paul |ohnston. A vob was taken and the motion was passea F2 fan Snauch and Sybill
Navas voted in opposition of the motion. A motion was made by Tom SEinberg regarding tlre
subdivision criteria, with a second by Jim Shearer. A voE was talcn and the motion-was-passeJ +g.
Mayor Osterfoss, Ian Strauch, and Merv Lapin voted in opposition of the motion
Paul Johnston made a motion to adpum into an Executive Sessioru with a second by Jan Sfauch.A vote was taken and the motion passed unanimously.
o
Trrere being rp further b,usiness, a motion b adirurn the meeting was made and paseed
unaninousty. The meeting was adpurned at 9.29 P.lvI.
nespectfuily submitted,
ATTEST:
Holly L Mc€uhlreon,Town Clerk
Mnrff Elq| by $6e[, L edor
qgYtlr
FIL E
VAIL TOWN COUNCIL MEETING
APRIL 19,1994
7:30 P.M.
A regular meeting of the Vail Town Council was held on Tuesday, April 79i1994, in the C-ouncil
Chambers oI tlte Vail Municipal Building. The meeting r'v6s celled to order at 7:30 P.M.
MEMBERS PRESENT:Peggy Osterfoss, Mayor
Merv lapin, Mayor fto-Terr
Paul Johnston
Sybill Naras
fim Shearer
Jan Strauch
Tom Steinberg
coP y
MEMBERS ABSENT:
TOWN OFFICIATS PRESENT: Bob Mclaurin, Town Manager
Tom Moorhead, Town Attorney
Pam Brandmeyer, Assistant Town Manager
T,t#""?iflffift on hharr or rown crerk'
The firet item on the agmda was Gtizen nu"ti.ip"Uoo, of whictr there was none.
Second on the agenda was Ordinance No. 5, Series of 1994, first reading, an ordinance rezoning a
tract from flimary/Secondary Residential, Section 18.13 to Low Density Multi-Family Residential,
Section 18.16 generally located at 2850 Kirurickinnick Road, more commonly rcferenced through
ownership as the Pedotto proP€rty. Mayor Peggy Osterfoss read the title in fult. Andy l(rudsten
Save an overview the of rezoning criteria and the subdivision criteria. He referenced tm plat
restrictions which would dictate how future development would take place. Additionally, he
described buffer landscaping p€rimeter areas and interior dusters. Pedestrian safety and increased
traffic and parking problenrs were lesolved by the applicant through the provision of a six-foot wide
sidewalk on the premises, mough parking for tenants and guests and garages with storage areas.
The proposal included three ernployee housing units. Andy discussd plat resfrictions which kept
the area to Primary/secondary levels of density, with the exception of number of units. Minor
subdivision criteria was consistent with the zoning standards which indude buildable area, frontage,
and shape as well as the purpose section of the subdivision cpde. Induded in the purpose
requirernmts was a regulation assuring the development would not pncduce negative impacts tro the
wetland area and would assure adequacy of drainage facilities. Andy poind out that the council
should review the letters from neighbors included in the packet and a petition from the neighbors
submitted that day. Staff and PEC boft recommmd approval Merv Lapin questioned why the
recommerrdation regarding footprints had be€n stricken and requested it be reevaluated and
reentered into the FoPosal. Rick Rosen, legal counsel to Greg Amsden, msnber of PEC and
developer on project, described the character of the existing neighborhood. He listed the advantages
to the community with his proposal as follows:1. Large amount of public improvernentrat
developer's expense induding safep issues, landscaping, access to and from Kinnickinnick Road, and
driveway access elimination; 2. Controlled dwelopmenf 3. Square footage would be plat retricted;
4. Neighborhood sympathy including the parking issue;5. Resolution to utility lines;6. Preservation
of the open space instead of developing wetlands and landscaping controlled by a Home Owneds
Association; 7. Employee Housing Units would be provided; 8. Excellent hansition area from high
9*ity condominiums and townhouses to single family homes. He also spoke of ttre negatives-as
follow: 1. Many residents feel this is a park area. Since Mrs. Pedotto owru the land, she has a right
!o!"y"lop i! 2. CgnsFuction problems would be eliminated by having a cpntrolled developmmq
3. Enhancemmt of the looks of the open space. Concerns from Council induded available p"ttit g,
combined building mvelopes, r€nt control language that could be present in new deed restrictions,
reduction o{ errployee housing units, and revegetation. Residmts not in support of the rezoning
were as follows: Jo Brown, Peter Franke, Sara Newsam, and Victor Hoyles.
Merv Lapin moved to approve Ordirunce No. 5 with the following conditions to be added to those
from the merno dated April 11, 1994 (S€e Tape A). At this time Rick Rosen asked b table the
proposal because he felt the Town of Vail was going beyond the purview available to them within
the municipal code. He felt there was no opportunity for negotiation between first and second
reading and that he would need time to restruchre the proposal. Because the first motion did not
receive a second, the motion died. A motion was then made by Merv tapin to table the proposal
to May 3, 7994, with a second by Jat Straudr. A vote was takm and the motion passed
urunimously, G0.
V.il Toir CooE l E:v.nitr8 Xeti'|S Xia|'a {/lEgl
o
h8D4r,,r
r 9 Egi
Aprjl1,9, L994
vfp,r
t.tt ilTown Council
The Town of Vail
75 S. Frontage Road West
Vail, Co 81657
RE: Pedotto Parcel Rezoning
The Pedotto parcel is being presented for your review and approval for rezoning.
The proposal shows 14 buildings They are being presented as affordable housing
for young families at approximately $315,000 for each home; but we feel that this
is somewhat out of the lange of most young families and that, in fact, these homes
will become second homes. As a result we will have additional non-resident
owners. While we do not object to non-resident owners, we would like to see
InterMountain remain the last bastion of local ownership in the Vail Valley. At
this time the majority of the people who live in InterMountain are local and we feel
that retaining primary/secondary zoning will maintain this permanent resident
nature of this neighborhood.
Although the present zoning allows for six primary/secondary duplexes on 6
15,000 sq. ft. lots; we feel that the size of these buildings would be more in
keeping with the surrounding area which consists of townhomes and condominiums
than 14 small alpine buildings that do not fit into the architecture of the
neighborhood.
As residents of InterMountain we would like to ask that you deny this request for
rezoning. We are very much aware that this area will be developed and we have
tried to give our input. It is of utmost concern to the residents of this neighborhood
that a formal traffrc study be undertaken to actually know the amount of traffic that
is evident in this area. Seven road cuts off of Kinnikinnick, which presently has
an exceptional amount of traffic seems to only add to the danger of negotiating the
streets in InterMountain.
With all due respect,
Residents of Vail/InterMountain
PETITION TO TOVVN COUNCIL
We, the undersigned residents of lnterMountain Subdivision, reguest that the members of the Vail
Town Council leave the zoning on the Pedotto Site at Primary/Secondary, rather than approving upzoning of
this parcel and the proposed subdivisior5 to Low Density Multi-Family:
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PETITTON TO TOWN COUNCIL
We, the undersigned residents of InterMountain Subdivisioq request that the menrbers of the Vail
Town Council leave the zoning on the Pedotto Site at Primary/Secondary, rather than approving upzoning of
this parcel and the proposed subdivision, to low Density Multi-family:
\UU &G Ar\
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PT{YSICAL ADDRESS
:oEr#' #t> riFru,co r<rNN\ErDrlg..l6
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PETMON TO TOWN COUNCIL
We, the undersigned residents of InterMountain SuMivision" request that the membss of the Vail
Town Council leave the zoning on the Pedotto Site at Primary/Secondary, rather than approving upzoning of
this parcel and the proposed subdivision, to low Density Multi-Family:
Olt tlfi*''l
A request for a minor subdivision and a request lo rezone a tract trom
Primary/Secondary Residentialto Low Density Multi-Family, located at
2850 Kinnickinnick Road/more specilically described as follows:
A parcsl of l€nd in rhe Sourtnrcst Orlster of $eI{rn 1,t, TownsHp 5 Sourh, R.nOr 8t W33l ot rhs 6rh Prindprl
lilerdbn, mofo p.rticul.dy d€scrihd rs follo*s:
Egginning a e poir whence a bnss cap td lor a wiln€o3 oonror tDr the W..l Orj.|ler of sirt Section 14, be.rs
(Nonh 29 d€gr.as 28 minulos 5l seconds W€31, tCA.08 le3r D.€d) (l,lodh rl3 Degr€.s 15 min|ne' 02 rcond6
lrro31, 915.96 lcet M.erured): Thonco Nonh 74 d€gra€E 05 minutB 19 $con& E.sl, 10.76 feai: Th. ce t88.62
lo€l along lho lrc of s cuwe to trg rigtn lrt ch are Br.tt€ndr r chord be8ring Nodh 88 deg|€3. 12 mlnutss 30
soconds Easl 181.76 fesr; Thenco Soulh 7' degr€€ l() minutes 2l s.oon& E8st, 62.7' fe4 lh.nco l.l7.4l!
l€ol along fie erc ol a qJrye |o tho l.tt rhidr rc subrsr|d8 a dDrd beaiE Nor$ EG deg.ee8 36 minutaa 17
csoonds E.sr, 145.60 fegt: Thonce Nsth 70 (bgrses 52 dnuos 55 secon& EE! a{r6.55 boli Th.rE 3f.10
hst do.|g |he .rE ol . qrwg ro |h6 nght wt*$ rrc rubbnd3 r ct['d be.ring Soufi /|7 degr.es 20 miuE 37
saconds E.!t, 4420 lost: Thonco Soulh l.+ degr€as 25 dnut€s 50 $dr& W€rt, 11051 t€€l;
Thence South 68 dcarFs 18 mirutG 9l lacon& Wo.t,320.00 |rer; .
Thance Nonh 19 dcAo€8 07 minuFa (F soconds Wect, 50.00 foer:
Thenco South n daorog3 48 minut€a 4l s€condr Woal, 160.18 feet;
Thsnc€ South 10 d€gBe8 53 minu€a 3tl s€con& Ureat, 36./08 lbet
Th€noe North t7 d€gF€s 40 minuca 06 s€oonds W6t, 3tY.Z beti
Thonca (No.th I I dogr933 5a |rinuto! i3 ssconds EaJ, 130.00 ibrt Deed) llo.|h I t d€9r€6 55 miruts 3l
seoonds Ed. 129.75 teor ti4o..urco to lho Po| f OF BEGNNNG.
Boafing from G.L.O. lgcord to'r Sodh hdl ot S€dion lin betr,$n Sedionr l&15. (G.LO. record South 01
d€grees 3{t2 minut3s E.sr) (South 0l degr€€. 38 minutes 32 3.conds E83r taerrurod)
TO:
FROM:
DATE:
SUBJECT:
MEI'ORANDUM
Planning and Environmential Commission
Gommunity Dwelopment Department
April 11, 1994
Irs co4^>,' T
6rtt k^'J'|
4-
Applicant:
Planner:
Juanita l. Pedotto
Andy Knudtsen
I. BACKGROUND
(Pleaso note changes to the msmo since the
bold.)
n,(illq lfu
February 28, 1994 rcview are shown In
4-o'l
On February 28th,1994, The Planning and Environmental Commisslon (PEG) voted SG
1, wlth Greg Amsden sbstalning, recommendlng approval of the proposed rezonlng.
Thsre were several conditions that the PEC rsquestsd be added to ths slte plan and the
plot. One of thsm pgrtalnsd to the common acoess on the southwsst cornsr of the slte.
The appllcant was rsqulred to get approval from the adlacent propsrty owngrg
regarding the common access. This was to bo done prior to first reading at Town
Councll. The two ownsns to the southwest of thls property have d,gcldgd thgy dld not
want to share the common acoess. As a result, the appllcant has rsdeslgngd the slb
plan and provlded acoess for bulldlng envelopes one and four from Klnnlcklnnlck Road.
There are no ngw curb cuts. The two westernmost drlveways havo boen extended
further lnto the slte to provide access to these two envslopes.
I
Because of lhe change in the slte plan, the appllcant has been requlred to return to
PEC for a reylow of the chang$. All other deyelopment issues remain as aqreed to bv
the PEC. staff. and the applicant durino the Februarv 28. 1994 hsarino. The conditions
are listed at the end of this memo.
II. SUT'MARY OF ANALYSIS AND RECOililENDATION
Stafl belleves that lhe origlnal slts plan |3 molg comprehenCve and addresses acoess
to neighboring properties better than th€ slte plan propossd at thas tlmo. However, we
believe that the dsyeloper of the Pedotto property should not be requlred to solve an
acosss issue in a mannerthat requires adlacsnt property owners to spprove the access
plan. Staff toe|s that the applioant has dono ovsrything withln his oontrot to achieye
thls solution; however, the nelghboring propeny orners haye not been wllllng to
participate. Therefore, staff recommends that thg Town allow gither slte plan to be
developed. Staff prelers the slb phn revbwed by the PEC on February 28, t99rt wtth
tm shared aoosss. Howsyer, stift does not belleve thrt thsrE ere slgnlflcant negttlue
impacE from the slts plan under nview for the April 11, 1994 hearing md that lt should
also be approwd.
III. PRO'ECT DESCRIPTION
The applicant, Juanita Pedotto, and har rspresentalive, Greg Amsden, would like to rezone a
parcel of land in Intermountain hom Primary/Secondary Residential to Low Density Mutti-
Family. lf rezoned, the applicant is planning to construct nineteen dwelllng units in fourteen
structures. The parcel of land is 2.49 acres. o( this, there are 2.36 acres that are considered
buildable by the Town of Vail standards.
In addition to a rezoning, the proposal includes a minor suMMsion request. In the future, the
applicant intends to use the single family subdivision process to sell off the individual dwelling
units. Prior to this, however, the cunenfly unplatted parcel must be platted as a lot. This
provides an opportunity to document building fooFrint locations, GRFA resfictons, and other
development standards on the plat. These standards will be listed on the plat and will be
applicable to any developer as well as luture home owners.
Since the previous worksession, the applicant has deleted one single family dwelling unit from
the site plan. Anoher change is that the building envelopes have been deloted and replaced
with specific building tootprints. Previously, a prototypical fooFrint was shown within an
envelope. lt m€asured 37 feet by 37 feet. The updated footprints have been increased to 40
by 54 feet for the larger type of unit and 38 by 30 feet for the smailer type.
The looprints will be a minimum of 15 feet apan. The applicant is requesting the ability to
shift the fooprints as much as ten feet, if needed. Changes in fooFrint location would have to
be approved by the DRB. Fifteen feet of separation would have to be maintained for both the
structures and decks. The PEC approved these standards at ths prenrious headng on
February 28, 1994.
The current site plan proposed by the applicant is made up of nineteen dvuelling units in
fourteen structur€s. Nine of these will be single family residences. Three of them will be
single family residences with a deed restricted caretaker unit located above the garage. Four
of the d^relling units will be locatod in two duplexes. The total number of structures would be
fourteen. Total GRFA for these dwelling units is anticipated to be 25,900 square feet. A site
plan is attached at he end ol this memo which shows where these structures would be
located. The chart bElow shows the break down of the structures and units:
9 single family
3 single family with EHU's
2 duplexes
TOTAL:
North:
East:
South:
West:
Number of Units
I
6!
19
Number of Structures
9.
3
?
14
The architect has designed lhree styles for he fourteen structures. These are shown in the
perspective attached at the end of the memo. Each type will have tre same matsrials, whicfi
include a stucco lirst story and horizontal cedar siding on he second story. The roofs will be
shake shingles and will have clipped gables. There will be colbels to support he second
story cantilevers as well as lhe eaves. The windows will alt have shuttsrs to help create a
bavarian appearance. Though there are three different interior plans, the exterior mass and
bulk is almost identical for two of the units. Therefore, thsre rvlll appear to be only two
different types of exteriors. The larger home, with the caretaker unit, will have a foopdnt
measuring 40 feet by 54 feet. The smaller home will have a foopdnt measuring 38 feet by 30
feet.
The neighboring propgrties to the parcgl under consideration include:
Columbine North
Primary/Secondary development
Gamelot Townhouses and single family dwelopment
Primary/Secondary development
The property to the north and east is zoned Residential Clust€r. The property to tho south
and west is zonEd Primary/Secondary. The Land Use Plan has designated the parcelunder
consideration as Medium Density Residential. Per Land Use Plan, a rangeol sevon !o qjny-?-3_3
three units is possible based on the 2.49 acres. This translates to thrse to fourteen chvellirg
units per acre.
IV. BACKGROUND/FORMER BEOUESTS
ln October of 1990, the Professional Developmont Corporation proposed employee housing
developments on several sites in the Town of Vail. The Pedotto site was one of them. In
their reguest, thay proposed Medium Family MultFFamily (MDMF) zoning. In the memo dated
October 29, 1990, statf recommended that he applicant reduce ths number of units on this
site t0 LDMF densities and maintain thg amount of GRFA on the site to RC standards. The
proposal for the site is shown below:
't
Tvoe ol Unit
Efficbncy Unilr
orp Bedoom Unitr
Tvvo Eedoom Unilr
TOTAL
Number of Unita
6
6
27.
39
Sonaro Footee
tBS q. ft.
rA2.q. t.
809 rq. lt
GFFA
2,610 rq. lt.
2,882 aq. lt.
16.l4il go. fl.
21 ,gas ..t. tl.
V. ZOilNG ANALYSIS
Tof.l Siife Ar€s: 108,682 ccp.re b6t a 2.19 '4'cc
&rldsbL Ar€.: 102,788 rqrare ha d 2.36 i.r.l
Prinuy€eoon&ry:
Reeibntel Ourlg:
low tlanrity
tlufiipb Fsrily:
Alwed
Denr v
15,000 tq. ft. of
butdrHe nqrird
per lol (rax lo|3l
I dmltng tni|! p€?
buld.Ue actr
I dw€llng mib p€.
buildeu..cr!
Drcllrp Udlr
Alil.d
12*rftprfr
la*ehguib
a dw.lhg unit
TloE mhg tnit
lSrhlhguttr
Erploy.. Hourirg
Ur*bAlil.d
3 EH.rr byconfrrdrylt'
3EHur.
GRFAAlostd'
24,388 + 5,100 -
2C,4tO rq. n.
25,60 + 3,'t50 -
8,il7 4.tr-
30,81t6 + 4,725 .
35,561 !9. ft.
21,68 + 4,i75 -
25t0 rq. n.
land Ure Plgr Mettum
Dfirily R6bndd: 3lo 1a dudlng milr
per build.Uo sr
Propoled: 8.5 drcllng unitr
p.r buldabl€ acr!
'These 6 EHU'8 wodd nof couil in dstdty cahJkuionr.
"Gengor nol indud h GRFA celculaionr.
4
Staff has analyzed lh€ propos€d Eile plan submifled by lhe applicanl and has provided a zoning analysis belos'.
Total Site Area: 108,682 sq. tt. or 2.49 acres
Buildabb Area: 102,788 sq. ft. or 2.36 acres
- Zonihg whid would b€ in effscr: Low Density Mulli-Family
Allowed Per
LDMF Standards ftooosed
Uses: Single Family, Two Family, and Multi-Family Single Family dnd Two Family
Lot Ar€a: Minimum size: 10,000 sq. ft. of buildable 102,788 sq. tt of buildable
Setbacks: Required: Front 20'
Front: 20 Side: 23'(wes0
Side: 2t Side: 20'(€ast)Side: 20' Fear: 20'
Rear: 20"
HeQht 38' trt'
GRFA: 30,836 + 4,725 = 35,561 sq. ft. 21,625 + 4,275 = 25,900 sq. ft.
Density: 9 drrelting units per buildable acre or 8.1 dwelling units per buildable acre or
2l dwelling units 19 drvelling units
Sit€ C,overage: 35oh of btal area or 38,038.7 sq. ft. 19.5% o 21,137 sq. ft
Landscaping: 40plo of btal site ar€a or 4!1,472.8 sq. fL 71.8o/o or 73,761 sq. tt
Pa*ing: Per off-street parking requirements Meets code
VI. REZONING CRITERIA
A. Suitabilitv of the prooosed zonino.
Staff's analysis of fte suitability ot the proposed zoning focuses on density,
compatibility with surrounding developments, and ways that the proposed development
can be butfered from existing neighboring uses.
Staff recognizes that many of the sunounding properties adjacent to tnis parcet are
multi-family complexes. The applicant has estimated their densities to exceed
Residential Cluster (BC) standards :rnd staff has conlirmed this information. The
sunounding multi-family developments have densities that range from 11.3 durelling
units per acre to 22.2 durelling units per acre. Please see the chart below. There are
also surrounding single family and primary/secondary developments which have
densities that are lower than the proposal.
'I
.t
\.-r
S'"il"t"V
uw*
Though the density of the sunounding properties are higher han Residential Gluster,
he type of development (single family, duplex or multi-family) effects the way the
density appeani on this site. For example, many of the dwelopments are made up of
townhouses. Since the units are more compact than detached single lamily homes,
the structures do not cover as much of the site and are likely to have laqer areas of
useable op€n spaoe. Stalf believes that th6 proposal should be modified b improve
ths arnount of useable open sipaoe, to roduoe the amount of asphalt, and to increase
architectural vafiety within the dusters on the site.
Specifically, statf believos that UniF 13 and 14, Unib 7 and B, and Units I and 2
should be combined. The unib to bs consolidated, however, should be ths smaller of
the two styles. At this time, the larger unit with the employee housing caretaker
apartment is shown in each of the three areas. we are concemed that the struchrres
may be too large if triplexes are crealed. Therefore, in addition to consolidating these
fooFrinb, stafl believes that the employee housing units should be shifted to other
footprints in the development. We bslisve that the variety ol massing created by a
combination of units will help the dwelopment be mors compatible with the
sunounding properties, as they have been dweloped in more of a townhouse style. In
addition, staff believes that the resulting open spaoes will be larger and will be able to
accommodate additional landscaping, particularly on the northeast, northwest arld
cental portions of the site.
Landscaping is a key issue in stiaft's opinion, as the amount of density to be
considered under the rezoning proposal should be evaluated based on how it is
buffered from adjacent properties. Staff is primarily concemed about the perimeter of
the site.
At this time, the applicant has committed to the following:
1. Six clusters of aspen located around the perimeter ot he project along
Bellflower and Kinnickinnick. These clusters range from three to eight
aspen each.
On the €ast end of the site, there will be ten to twelve aspen along
Basingdale.
. fp'fr
\u{v'
l{.|ne Unlrs Arr Dm.lty
lnterlocken 39 'r.€I)21.6
Columbin€ North 18 .s2 17.1
Flussh€im 1 .21 13.8
Innsbrook I .36 2.2
Columbine Wesl .,.82 11.3
CernEbt I .36 22
3. Two planting areas of aspen made up of a total of fiftesn to twenty trees
will be located next to the Gamelot Townhouses.
Staff understands that the drawings submifted to the Design Review Board (DRB) will
include additional landscaping and that the lanGcaping shown on these plans reflects
the basic landscaping needed to buffer adjacent properties. The landscaping listed
above must be incorporated into the DRB drawings and must be planted prior to
issuance of a final certificate of occupancy for the drruelling unit adjac€nt to the
landscaping.
Another key issue that relates to landscaping is the preservation of the green space in
the cenler portion of the site. Since the last worlcession witr the Planning and
EnvironmentalCommission (PEC), the applicant has had an environmental
asssssment (EA) done for thE wetland area. This report is attach€d to the back of this
memo and delineates the boundary of the wetland area as well as a 10 foot buffer
area along all sides of the wetlands. The map trom the EA was drawn on the previous
plan which showed a building fooFrint within the buffer ar6a. This has been corr€cted.
The revised location site6 the building outside the buffer area. Stiaft belierres that any
rezoning approval should be condilioned with a requirem€nt that the consultant retum
to thE site in the spring or summer to confirm that his analpis made during winter
months is accurate. Any modifications fiat would be generated by the consultant
would have to be included into the site plan. Building foopdnts would have to be
shifted if the u@ate indicatEs that they are located in the buffer area. lf the fooprints
need to be shifted, staff beliwes the poect should be reconsidered by the PEC.
There are some large existing aspen in this area adjacent to thg wetland area to the
west. They range in size lrom two inch caliper to eight inch caliper. Stafi believes that
any tress that can be transplanted should be. lf they are to bs cut down, they should
be replaced on a 1:1 ratio based on the caliper of the trg€ to be removed. For
example, and eight inch caliper tree would have to be replaced with two 4 inch calipsr
trees. Staff beliores this is reasonable since larger tress do not transplant well
according to the Town's Landscape Architect.
Staff understands that the applicant desires to change the zoning from
PrimarylSecondary Residentialto Low Density Multi Family to allow additional units,
not necessarily more GRFA or site coverage. The applicant has agreed to reduce he
amount of GRFA to below Primary/Seconchry standards and maintiain the amount of
site coverage and height to Primary/S€condary standards. These restrictions will be
recorded as plat resfictions. Stiaff does not have a problem with the number of unib il
they can be sited in such a way to provide adequate open space, buffering and
minimal site coverage. In order to achieve this, we believe a more clustered design
concept is necessary. We feel an adequate landscape plan has been provided, the
wetland area has been protected, and that unit layout is good as long as the units ars
combined as suggested above.
B. ls the Amendment Providino a GonveniEnt. Workable Relationshio with Land
Uses Consistent With Municioal Obiectives?
-".,}Jt'
t,'out"'6
t(-I
Under this crileria, staff has evaluated the rezoning proposal to ensure trat it will
provide workable relationships to those properties around the site. In adclition, the
rezoning proposal must be consistent with the Municipal objectives. Ensuring that th€
future dorelopmenl will have a reasonably compatible relationship with the existing
neighborhood has been he focus of much of his review. orr January 17, 1994, th€re
was a neighborhood meeting attondod by approximately thirty neighbors. Attached to
thE memo arE all of the lefters that have been recsived by staff from the neighbors.
The primary concsrns of the neighbors seam lo revolve around pedestian safety and
rafiic safety. staff has contacted the Police Department and tre Pubtic works
Department since the neighborhood meeting to ask them to look at increasing patrot Els
well as increasing the number of stop signs in the area. This appear to be a problem
that needs to be solved independent of the rezoning issue.
However, the proposal will have some positive impact on thess issues, since there will
be public improvements made by the dweloper. The Town is requiring the dweloper
to provide a sidervalk that will run the length of tn property. The applbant is
proposing a 6 foot wide walk that wlll be detached lrom the edge of pavement on
Kinnickinnick. The Town is reguiring that this be a hard surface walk that can be
maintained during winter months. lt will be lhe responsibllity of the homeorners
association to keep the walk clear. This is a Town wide requirement that applies to all
developments that have adlacent sidewalks. The applicant is proposing a cinder walk;
however, staft bolieves it must be hard surfacs. Please see the plat restrictions at the
end of this memo regarding the sidewalk and other public improvemenls.
A concem related to safety involvss the number of curb cuts on Basingrdale, Bellflower,
and Kinnickinnick. Originally, the applicant had submitted a plan with five curb cuts on
Kinnickinnhk and three on Bellllorer and Basingdale. Since the original submlttal, the
architect has removed all curb cub off of Basingdale and Bellflower. Staff believes
that this is a significant improvoment as the driveways were previously located
relatively close lo the intersections.
At this time there are live curb cuts for the entire project which access from
Kinnickinnick. These curb cuts access shared driveways. staff believes that the
revised plan provides a more etficient use of the site and leaves more of the land as
landscaped area and open space. Though there has not been an increase in the
number of curb cuts on Kinnickinnick from what was originally subnlitted, staff believes
there is an opportunity to improve he situation. By relocating the access to Building
Envelope #1 from Kinnickinnick to the shared aocess on the southwest comer of ths
site, there would be more open space around Building Envelope #1 , and one less curb
cut on Kinnickinnick. Statf believes that this would be an improvement.
Another concem of the neighborhood involved parking, storage, and general
appearance ol the project. The neighbors wore concem€d that indivkluals living in this
\ development would not have adequate parking and that additional cars would be
N,- parked in the neighboring parking lots. Staff has reviewed this concem with tlre
W developer and betieves that the two car garages for each unit and the driveways in\ front ol each unit will accommodato the parking demand. An alternative would be to
create a parking lot for guests. How€ver, staff bslioves that the parking apron in front
of each garage can accommodate guests most of the time.
:
Regarding storage, during the neighborhood meeting it was suggested that there be an
area on the side of each garage for bicycles and other miscellaneous items. The
applicant has designed ono of thg garages to be 480 square feet. Ths drawings show
a template of a Suburban and a Cherokee to indicate how much of the garage will be
taken up by automobiles. The remaining area of the garage will be available for
storags, and statf believes that this will be an adequat€ amounl OnE of the goals with
the storage area was to ensure that the two parking spaces will always be available for
parking. Though this cannot be guaranteed, staff believes that providing the storage
thal is shown on the drawings is a reasonable assuranoe that th€ spaces will be
available. Stafl believes it is critical that th€ other units (wih garages approximately
387 square feet in size) be expanded to the size of the larger garage.
A significant concem to the planning staff was how the developer was going to work
out agreements with the neighbors adjacent to the southwest clmer of the site
conceming parking and access. Cunently, there are parking and driveway
sncroachments onto the Pedotto property by the neighbors. The applicant has worked
closely with the two existing homeowners in this area and has worked out agreements
with them for shared access. This access also includes a fire fuck tumaround. All ot
he driveuray in this area will be paved. The adjacent ownerc will share the expenses
with the developer. Staff believes that this is an excellent resolution to a problem that
has occuned lor some time. Staff wanF to emphasize the positive benefits that result
from the solulion have been negotiated by the applicant.
One of the final issues of conceNn by the neighbors involves the appearance ol the
project. The applicant has provided prototypical Elwations as well as a perspective of
three homes sharing one driveway. Staff believes that ths design character of the
homes is positive, including the materials, detailing and general massing.
Staff believes that the three employee housing units proposed in this developmsnt are
consistsnt with the Land Use Plans goals of the Town to have employee housing units
added to our community. We believe hat this component ol the development
addresses a larger community need. By dispersing the three deed restricted employee
housing units among the nineteen dwelling units, staff believes that there is a good
balance of fr.ee market and employee units within the developrnEnt. Attached to the
end of this memo are employee housing restrictions that have been tailored for this 1,4*/l
development. They are based on the Type lll EHU; hows\rer, they do not indude (o' ' -n't.provisions that allow the sale ol the employee housing unit. at-
C. Does the Rezonino Provide for the Growth of an Orderlv. Viable Gommunitv?
In order to ensure that the future dwelopmsnt on the rezoned parcelwill be developed
in an orderly manner, staff has prepared the lollowing plat restrictions which will be
located on the plat and recorded at lhe County Clerk and Recorder:
.,..
/r
Plat Re\tri
t"
1. All consfuction shall conform to,$e-adOards listed betow and shail compty
with the building too@fnffilirn on the attached site plan.
2. There must be a minimum 15 foot separation between structur€s, including all
decks and cantilevered portions, but excluding eaves. After completion of the
first strlcture and prior to the application for any subsequent building permit,
he applicant must provide survey information veritying the location of
previously built stuctures to show that the 15 foot separation requirement will
be met.
3. The height limitation for the development on this parcel shall be lowered lrom
the 38 feet allowed by LDMF zoning to 33 teet.
4. All driveuvays to be constructed on this site shall not exceed 8olo slope.
5. GRFA and site coverage and height shall be allocated lor the structurss as
lollows:
Bundne-*id DnungUnL C||dl OAF fdrl OIF llorrd Str Cof,rT.H.agn
./1 e *9 'd ,150 |q. n.2,(,80 sq. tr.2530 !q. tl.| 100 tq. lr.$n.
2 I %q.lt.l,rlils .9. lt.t,650 !q. ft.|,/(l0.q. lt.g! ft.
3 I %4.1r.tra25 q. lr.I,650 rq, tl.t,400 .q. tt.gltr.
4 I ?25q.n.|,425 rq. n.1,650 !q. n.|,,lll0 .q. n.st n.
5 z ',9',l5O .q. ft.1,680 tq. n.al3o rq. ft.1,683.9. tt.El fr
6 I %q.tt.|,,125 .q: fi.I,650 tq. tt 1,4{r0 tq. n.g r.
7 1 U4.n.| ,,325 tq. lt.t,650 !q. t.1,{00 !q. tt.gllr.
s 2 /|50 rq. n.I ,680 :q. tl.2,130 rg. lt.|,683 3q. n.33 fr.
9 I 4,5q.tL |,a25 tq. n.|,650 tq. n.1,a00 sq. tt gltt.
'r0 I 225 q. h.I,425 !q. tl.|,650 q, lt.|,400 tq. ft.3S fr. -
tl 2 ,150 iq. n.I,080 sq. lt.2,130 sg. tt.1,681! ro. |L &lfr.
12 t ?25q.n.1,,125 sq. ft.1,660 {. ft.I,i100 !q. lr.gl fi.
t3 I ZB4.tt.'l,/t25 !q. ft.| ,650 rq. ft.!,aoo tq. n.Gltr.
la 2 450 q. ft.|,6E0 rq. ft.2,130 !q. ft.|,683 {. ft.g!tr.
6.
7.
No fences shallbe allowed on this property.
Phasing - The applicant shall provide the employee housing units according to
the phases shown below.
10
A. Prior to the issuance of a linal CO or TCO tor any drrelling unit located
on Building Footprints #1 through #6, the applicant shall secure a final
Certificate of Occupancy or Temporary Cedificate of Occupancy for the
first of three deed restricted employee housing units.
B. Prior to requesting a final CO or TCO for any dwelling unit on Building
Foo$rints 7, 8, I or 10, the applicant shall sEcure a final CO or TCO for
the second of three deed restricted EHU for the development.
C. Prior to requesting a final CO or TCO for any dwelling unit located on.
Building Fooprints 11,12,13, or 14, the applicant shall secure a final
CO or TGO lor the third ol three de6d restrict€d employee housing unib.
The Fire Department and Public Works DepartmEnt have revielved the proposal and
support the project wlth the following conditions.
Flre Department
1. The fire access easoment on the southwest comsr of the site must be delined
and then recorded at the County Clerk and Recorder prior to DRB approval ol
any dwelling unit if a common access on the southwesl comer of the site is
provided. ThE easement must be posted in field witr "No Parking' signs. Stafl
wlll allow the slte plan revlewed by the PEC on February 28, 1994 or the
site plan revFed on April 11, 1994 to be corctructed.
2. All drivoray surfraces must be 'all weaher driving surfaces.'
3. Hydrants must be installed according to Town ol Vail standards.
Publlc Works
1. Detailed regrading and landscape plans for the sidervalk and right-of-way area
must bE provided prior to a DRB hearing for any dwelling units. The Torn
Engineer is requiring sidsw.alks, curb, gutter, storm sewsr, inleb, engineering
drawings and/or grading plans to be provided by the developer.
2. Easements must be dedicated lor the sidewalks, drainage, utilities, road side
ditches, streellights, etc. prior to a DRB hearing for any dnvelling unit.
D. Does the rezonino comolv with the Vail Land Use Plan?
Staff has listed the rel€vant goals and objectives lrom the Land Use Plan below:
1.1 Vail should continue to grow in a confolled environment, maintiaining a balance
between residential, commercial and recreational uses to serve both the visitor
and the permanent resident.
11
'1.2 The quality of the environment including air, water and other natural resources
should b6 pr0tect6d as the Town grows.
1.12 Vailshould accommodate most of the dditionalgrowtr in sxisting dwdoped
areas (anfillareas).
5.1 Additional residential growfit should continus to occur primarity in existing,
platted areas and as appropriate ln new areas where high hazards do not exist.
5.5 The existing employee housing base shoukl be preserued and upgraded.
Additional employee housing needs should be accommodated at varied sites
throughout the community.
The Land Use Plan designates this site as Medium Density Residential. Under this
designation, the dwelling units allowed on this site rarqe tromT to 33. Based on the
MDR designation, stiatf beliwes some increase in units by rezoning is reasonable.
The goals and objectives in the Land Use Plan describe developrnent generally like tre
one being proposed. Goals 1.12 and 5.1 callfor infilldevelopment hat is not located
in hazards. This plan complies with these goals. Also, the Land Use Plan calls for
additional employee housing, which will be included in this proposal. Staff believes the
thre€ employee housing units proposed are positive.
Vll. lrllNOR SUBDIVISION CRITERIA
The Subdivision Regulatlorc ln the zoning ordinance establish mlnlmum standards for
the creation or modifacation ot lots. The Subdlvlslon Regulailons allow for the dlvlslon
of existlng lots wlth th€ crestlon of new lots from previously unplatbd propsrties. The
zoning ordinance €tablish€ thg requiremenF for lot dimsnslon, lot size and road
frontage. These zoning standards have been met by the Pedotto proposat. The zonlng
code rsquares a minimum lot size of 10,000 sguare teet d bulldable area" The proposed
lot size is 102,788 squars feet of bualdable area. The minimum fiontage required ls 30
linear feel on a public rlght-ot-way. The proposed frontage ls approximatety 1,fl10
linear feet. There as also a rsguirenrent that the lot be able to encloss a shape 80 fg3t
by 80 toot wlthin its boundarles. Thls standard has also been fulfllled.
ln addltion to the spoclfac atandards llsted In the zoning code, the subdlvtston
Regulations have purpose statemsnts whlch are also crltsrla lo review subdivision
proposals. The purpGe statements d the gensral provislons In the subdivision
Regulatlons (Section 17.04.010(A and B)) are provtded betow:
"17.04.010 - Purpose.
A. The Subtllvlslon Bsgutatiorc contatned in this Sile haw been
prepared and onscted in accordance with Tltle 31, Artcle 2il, pan
of C.R.S., 1973. For the purpose of promotlng the hslth, safety
and wellare of the present and futurg anhabltanB d the Town ot
Vall, Golorado.
12
:
B. To th6se ends, ths regulatlons are intended to protect the
environment to ensure etflcient clrculation, adeguate
lmprovemsnul sufticient opsn spaoe, and In gsneral, to assist the
orderly, efflcient and integratod development ot the Town. These
regulations also provide for the proper anangement ot streets and
ensure proper.dbtrlbution of populatlon. The regulations also
coordinate the nesd for public servicgs wlth govemmental
lmproyemgnt programs. The standards for dsslgn and
construction of improvements are hereby setforth to ensuE
adoquate and convenient tEffic circulation, utllities, emergency
access, drainags, recreatlon, and light and alr. Also lntended ls the
lmprovement of land records and surveys, plans and plaB, and to
safeguard the Interssttr ol the publac and subdlvlder and plovide
common protectlon for the purchaserc; and to rcgulate other
mattsrs and the Town Plannlng and Envircnmental Commlsslon
and Town Councll may deem nscessary ln ordor to protect the best
interesu| of the public."
The proposed plat wlll be taklng a cunontly unplatted parcel and creatlng lt as Lot 1,
Innsbrook Meadows. Stafl belleves that the change from en unplattsd parcel to a
platted lot wlll not negatlvely impact the crlterla lFted ebove. As pan ot the
subdivision approvql, tho design and construction ol improvemenF In the public rlght
ol-way wlll be reviewed by the Town Englneer. The devoloper will be fully resporclble
for providing a public sidewalk and dEinags facilities adlacent to this parcel. Stafl
believes that these reguirements fuHll the 3tandards tisted aboye.
The Subdivlslon Rsgulations are further Intended to serve the followlng specfic
purposes (17.0a0.010 (C)):
"1. To inform each subdlvider ot thg standards and criterla by whlch
development and propossls wlll be eyaluated and to provide
Intormation as to the type and extgnt of improvements rsqulred."
The derreloper is fully awars of the requtremenF of the subdlvFion.
"2. To provide for the subdivision of property In the future wlthout conflict
with development on adlacant land."
Stall has enaluatod the proposed rezonlng and subdivislon proposal rslatlve to the
surroundlng properties. As previously dlscussed In this memo, tho dovglopmgnts to
the norlh d ths slte all excsed the propossd densi$es. Furthermors, staff has worked
closely wlth the developer, the Flre Dspartment, and the Publlc Works Depanment on
the proposed slte plan. The slte plan wlll be recorded at the Eagb Gounty Clerk and
Recorder's Office as an exhlbit to the Innsbrook lleadows plat. The site plan has been
carefully designsd to minimize conflicts wlth devolopmsnF on adlacent land, to
pressrve the envlronmentally ssnsltive area In the center of the site, and to snsure that
all tuture development will be ln compliance with Town standards.
13
*3. To protect and conserve the r'alue of land throughout the munlcipallty and
the value of bulldings and lmprowmenb on that lend.,.
Stafl believes that tuture development, In accordancs wlth the proposed slte plan and
pht, will not adversely affect ths value of bulldlngs and lmprovemenB In th€
surrounding arga.
'4. To ensure that subdivbion of propenbs |3 In compliance wlth the Town's' zonhg ordlnan@, to achleve a harmonlous, convenlent, workable
relationshlp among land usgs, conslstsnt wlth municipal deyelopment
oblec'llves."'
As discussed prevlously |n this tnotno, the proposed rozonlng and development on the
replatted lot wlll be In contormance wlth the prcposed zone dlstrlct of Low DeGlty
Multl-Famlly (LDllD.
'5. To gulde publlc and prlvete pollcy and acfion In order to provtde
adequate and sflldsnt tramportiilon, wator, sffage, schools,
perks, playgrounds, tecrcilotEl and other publlc requlrsmenu| and
faclllties and generally to proylde thet pubtac faclllfiss wilt have
Sufflclent capaclty to sens the propGed subrllvlglon.,'
Stafi belleyss that lhe revlew by the Publlc Worlc Department has l(bntilisd all lssues
sUCh a3 tlansportauon, weter, sgrryage, etc. end that the eilsilng Inlrastructure wiil be
able accommodate the new (bvglopment The developer wlll be responslble for
provading drainage improvemenE and sldildk lmprovemenE on the perlmeter of thts
slte. These wlll tle in wlth exlstlng improvements In the arsa and wlll bs consbtent wlth
ths work ths Town has done In ths Intermountaln nelghborhood In tm recsnt past.
"6. To provide lor accurate legsl descriptions of newly subdlvlded land
and to establi3h rasonable and desirable consttucdon deslgn
gtandards and prooedures."
The appllcant wlll be requestlng Slngle Famlly'Subdlvlslon rsvlew for each untt as lt ts
constructed. Once the foundatlon has been poul€d, the appllcant wltl be able to submlt
a slngle Famlly subdivlslon application for that slte. st8ff belleves thgt uslng the
Slngle Famlly Subdivision prooess, the land wllt be further subdivided In conlormance
wlth the Toh'n standards.
'"7. To prevent the pollutlon of alr, 3treanE, ponds, end to agiure
adequacy ot dralnage fadlliles, to safeguerd the wab? table and to
encourage the wise use and managpment of natural resounoes
throughout the municipaltty In order to preserve ths antegrtty,
stablllty, and beauty of the communlty and the nalue ol the land...
Stall believes that ths envlronmenlal assessment done for the oentrel weiland area of
the site adequatgly discusses the issues associated with that area. The weiland area
has been dellneated and a buffer area has been added to turther ptotect the green
14
spacs. A condltion of approval of the rezoning is that the consultsnt who provided the
snvlronmental assessment return to thg sltg In sprlng or summsr to verfty hls
estlmates. Staft understands that durlng wlnter months, accurate wetland dellneatlons
cannot be done. ll there is any change to hls original esitlmates, the applicant will have
to retum to the PEC wlth lhe slte plan modlflcatlons. The verlflcatlon must be done
prlor to any issuence of a bulldlng permlt for this property.
. VIII. STAFF RECOIIIiIENDANON
Staff recommends approval of the proposed rszoning and minor subdivision. The minor
subdivision approval will be contingenl on approval of the rezoning. We belierre the proposed
LDMF zoning is consistent with the rezoning critoria and subdivision criteria and will be
compatible with the sunounding properties. Specifically, staff believes that the requested
zoning is suitable for the site given hat it will be integrated into the neighborhood per the
design of the site plan. We belivE that the request provides for workable r€lationships $,ith
surrounding land uses and is consistent with municipal objectives. Specifically, it is consistent
with five ditlerent goals as well as the MDR land use designation of the Town's Land Use
Plan. Finally, staff believes that the plat restrictions will insure that he development will , -.contribute the vlabllity of the community. The proposed subdivision meets all of the plattng dZ{Zf
requirements of the Zoning Code as well as the purpose section of the subdivision section. ' , . t
Therefore stiafl recommends approval with the conditions that: (g4 -l
(Please note that the condluons shown betow In botd roflsct the changes per the 4fulq+
Planning and Environmental Gommlsslon.)4-u
1. The developer shall submit the subdivision plat, site plan, and recording fees to
the Town prior to issuance of any building p€rmit for a structure on this
property. The plat and site plan shall include he plat restrictions listed below
and all future development shall conform to these.
a Al oonsfrrlion rhcl contorm to lhe slsndards [sted bolow snd shdl cor|ply rilh the btdldng
foolprilts Eho{rn on th€ dtecfi€d site plan.
b. TherE musl b€ a rinimum 15 loot separefion belween struotureE, induding ell decks and' ceniilevered portions, bul €xduding €avos. Att r lha cona|]ucdon ol |ha llr|t atrudula ar|d prlor
lo any .uba.quant bualdlng p*rnn .pgllcdbnr, |he applcant
'f|l3t
proirktr rurvsy info.rnslirn
vorilying the localion ol previously built shrdurss lo shoo thet f|€ 15 toot separdbn r€qri€men|
shall b€ rFt glvtn th! cofistructon ol $. propor.d unqr).
c. The h€ight limhalion lor lhe develoFn€ on lhis parcal shall bo loweBd tom fie it8 lsel slloyJod by
LDMF zonirE lo 33 leet.
d. Al dir/eways lo be cons|nrcted on this site shall not exc€ed 8yo slop€.
€. GRFA, sil€ corr€rage d|d h€ight 8hall be dlocated tor lhe structu'€s as lollowa:
15
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Buldlng
EnFlop. ,Drlllng Untr Cndlt GNFA
Tdrl OnFA
Atd gr Corrrg.H.otr
I 2 .150 rg. tr.2,080 !q. tt.2530 .q. ft.I100 rq. ft.3!l ft.
2 I 225 rq. t.i,4:5 rq. lt.|,650 rq. tt.l,'100 rq. t,glft.
3 t ?2,5q.n.I,.l:5 rc. ft.I,650 !q. tt.1.lo0 rg. lt.cllr.
1 Z,54.h.I,/325 sq. tt.I,650 .q. t.1,4{lO rq. ft.33tr.
5 2 ,150 8q. fi.t,6E0 8q. ft.2,130 3q. tl.|,683 !q. n.*tfr.
6 4.fr.1,.125 8q. tt.1,550 sq. tt.r,,r00 .q, tl.33 tr.
7 I 225 iq. tr.|,425 sq. tt.1.650 rq. h.t,a00 |q. tt.3ltr.
8 2 ,l5O .q. ft.l,68|) |q. fi.al30 q. lr t,683.{. ft.gltl.
0 1 pq4.n.|,/325 .q. lt.i.650 rq. t.1,400.q. lt.gt n.
r0 '|225 sq. ft.l,'125 {. tl.1,650 q, ft.t /400 !q. ft.gl fr.
tt 2 450 sq. ti.I ,080 3q. tr.2,130 q. lt.|,683 |q. n.3Kl fr.
12 1 q. fr.I,425 .q. n.1,850 !q. ft.|,a(x, rq. ft.g t.
t3 t q.lt-1 ra25 .q. ft.I d50 tq. n.|,aoo tq. ft.33 tr.
t1 2 ,150 89. lt.I,680 3q. tl.2,130 ro. lt.|,5E3 rq. lt.gt fr.
2.
l. No fenc.s Cdl b. rllorrsd m O*r proporty.
S. Phatirq . Th3 .pplica|l CtCl Fovid. th. mdoyoo housng urib rding lo rho phea Crffn belfl.
i. Prior ro thc ilcuanco of s fnd CO o( TCO hr ay of 0r firli dr srrafi.rnr orstuclsd in lffrtbaool
lilordow8, tha .ppli:.rl shdl *Gttro e fnsl Canincde ot Occ|.lparEt d Tfiipoiery Cenificala ol
Occlpancy for tha firn ol filta deed rsstrictod smpbyac lnling unit&
ii. Priot lo tequ€dine a fn l CO or TCO lof .ny of tho rve h drrouglr rnth aructures omrructd in
Innrtoot Mo.dfls. tt. |pdic.r dCl sqr. . fin l @ q TCO h th. rcond ot lhr$ de.dleeic.d EHU b t|. drv.loe|||.' .
iii. Ptbr to t quding a htC CO of TCO br .ny ot fha abrrnfi through bun .r h nructuri8 oonnrud.d
in Inn$rcok l|3..tfl3, th. Splic.nl gdl loqnE r liml CO or T@ hr th3 third ol lhree d€cor€eidd .mployso houling mi!.
The developer shall have he Environmental Assessment updated and shall
have any required amendment to the site plan presented to the pEC for their
reviet, and approval prior to the issuance of any building permit on this
property.
The driveways serving Building Footprint #1 shall be modlfled to reduce the
length by shtltlng the curb cut to the west. The Town Gommunity
Deyelopment staff and the Town Englneer must approw the change prior
to any DRB hearing for any chrelling unit on this property.
4.
16
7.
8.
The existing aspsns located to the west of the green spacs area in the center
of the site shall be transplanted or replaced on a 1:1 ratio based on the caliper
of the existing trees. For example, and eight inch caliper tree would have to be
replaced with two 4 inch caliper trees. Staff believes this is raasonable since
larger trees do not transplant well according to fie Town's Landscape Architect.
Statf may epprove up to 10 toot shifts In buildlng footpdnt location from
those shown on the plan approved by ths Plannlng and Envlronmental
Commission on Fobruary 28, 199{ as long as the 15 foot sepaEtlon
between the units |3 maintainod. \ ^" 4_tt- q4
The appllcant shall provide a mlnimum gar8ge aree wlthln sech $ructure
of rao square feet.
The applicant shall amend the site plan and subdivision plat according to ths
Public Works and Fire Departnent comments listed below. These changes
shall be done prior to any DRB hearing lor any dwelling unit on this site.
Flre Deparlmont
A. The fire .Dcess easement on the southwost @rn€r of the site must be
defined and then recoded at the County Glerk and Recorder prior to
DRB approval of any dwelling unit if a common aocess on the southwest
comsr of the site is provided. The easement must be posted in field
with "No Parking" signs. Statf wlll allow the slte plan reviewed by the
PEC on February 28, 1994 or the slts plan rovised on April 11, 1994
to bs constructed.
B. All driveway surfaces must be 'all weather driving surfaces."
C. Hydrants must be instralled according to Town of Vail standards.
Publlc Works
A. Detailed regrading and landscape plans tor the side$ralk and dght-of-
way area must be provided prior to a DRB hearing lqr any dwelling
units. The Town Engineer is requiring a hard surface sidevtralk, curb,
gutler, storm seurer, inlets, engineering drawings and/or grading plans to
be provided by he developer.
B. Easements must be dedicated for the sidewalks, drainage, utilities, road
side ditches, str€etlights, etc. prior to a DRB hearing lor any dwelling
unit.
Elther site plan, the one reviewed by the PEC on February 28, 1994 or the
one reyisyued by the PEc on Aprll 11, 199c may be constructed by the
appllcant.
9.
17
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10. Approwl st the mlnor rubdlvlJon r|tlll be
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SEVENTEENTH
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Daurs & MooRE
STREET, SUm 1200, DENVER, COLORADO 8iJ.202-2ca7
(303) 294-9100 FAx: (303) 29D-7nr
I125
January 21,1994
Community Development
Town of Vail
75 S. Fronage Road
Vail, CO 81657
Atrn: Mr. Andrew Knutdsen
Re: V/ettand Analysis - Pedotto property
West Vail
File: 02442-050
Dear Mr. Knudtsen:
'The above-referenced prcperty was inspected on January 19, 1994, to determine whether
wetlands occur on the site. This inspoction was conducted with Greg Ansden of Christopher
Denton Real Estate and Russell Forest, Town of Vail staff.
This analysis must be considered preliminary because of snow, which covered most understory
vegetation. Therefore, shrubs and trees were used to indicate potential wetland areas, along witir
site hydrology along a stream.
The rezults of the field inqpection are provided in the attached letter report.
Please contact me at l-29-7836 if you have questions on the information provided herein.
cc: Grcg Amsden
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Plate 2. A small seep may be indicated by the presence of
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CHEIIEY llon Jan '10:49 PAGE ?JZ
TO: Grcg .enrdcn
Andy Rnudtscn
FROII: Xay Chcncyzzll gasiigdalo Elvd.. {75-{935
I m!'- not bc abls to attend tie ncighborhood nreeting thiscvcning, so.r nantcd to c-nvi1i-r;1y-r!"Ii"g" on thc arogoeeddevclopncnt on thc pcdotto pr.'"piitv.---
T h.."? to Gay that f don,t undcrgtand thc opposition rrhichis bcins rnountcd to ths d"""i;;;;;;,-"i."" ii-"".ii"rl'iI"to convcy-a vcry residcntial feclini, -"iii.r,-i";;; i-tilI"r.rnost pcoplc in rntcrm.ountain arc noii"g to trivc,--in"Jtii-"'as it is. possiblc uith thc conaorninluro'pio:."il,"ii]Iii'i"thc ncighborhood.
I.chink. it is a- goog iq9? to.build single farnily hoir.cr,aincc.rhat ia what farnilics i" viif -"irit nou that uc ar6comins .of asc. rhc f;iii;"-lr,"i-i."i"iii,Ji il;; il";"cnough
. havc aronn fror,r- rentj.ng ip.it ."tc, to cn,:rinacondoniniuns, thcn cuprcxca-iid-;ild;;;i;
. Ji"Iil'il^ir"hoarec. ^Regardlcss ot-rrhctircr--o"lJi-ii.r rs thc bcst uscof our lirnitcC apac6, rhat i; "rr"I-p.Jpf" ;;";;-
Buildirig thc hornc s for_ salc, rathcr than rcntal, al:o addsto thc rcsidential guality it-ifr"-n""J""t.
f think thc revj.sed sitc alan aEDc.rs to bc an inprovencntacethctically on the original ;ii;-;i";:
As f nentioncd at thc work eossion in Dcccnrbcr, my onlyconccrn would bc that a. rezoning to rorr acncitv iiri'i:iamirv,60 that tho naturc "!_!|: a"""i6po""i-"""rd-""i ;;-;";il;-onco thc increascd dens*y rraa approved.
f'm_6orry that f night not bo ablc to attcnd thc nccting,::i:?_co often_onIy. negative voi"es-ire-heard ar thcscrocctrngs. If I can 9c+- at ay from ny -ihcr apgoi"fi;;;carly onough, f will De EDcrs.
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225 Waf l Street Vait, Colorado 816.57 l3o3l 476-1477 Qulsir,e coldiaE-o'r -Eoo:slz:{}ti'
Deccmticr 20,7993
The Citi, of Vail
Plaonin! Deparrurenti
Vail, Ciilorade i.:
ATTN:, AldylGrudrien i i
ir.arraal: ' . :trafl',rll t.' ' r
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L:j*.::,:d.Tr-.,.19.r1,_,11!,1 rn,lot in pbjecrion ro rhe dcvctoper's proposed projcct.
F_oI."q, in tho b.rstiir:tereir of thi imagi cri dci'ctopnt'e;rr i" ih;ifi ;iUii;;d;;;rterns ne.e.d to :bc addfesscd,ry the.developer.
t .. I t 'ii l; iigF.: zff0 finlrictinr,iict Rold zoning i';!.i::-:
DcarMr.IQrudticn:i ! |t:itirilitr
Pursuant to our rccedt discussions,'l wlsh'to formally outline rhy objections regarding rhe
Pedotto, Parccl dcvolQpnenr plansi'as curicntly presented.
;'
tls inciease in- densiiv 'on
rn'c iropirty, couplcd *rh thc. signifilont .rount of hard surface
::l-*.:yll t_.:]lt-tn.tt increi.sed-run-off. A preriminary ii'vestigarion reveals a grear deirloI tn:s run'or:has pOlential:io channel itsclf intolhe adjscenf parccl ut thc cxildrrg Vait$wim a'rd Tennis Clirb entiance. lllis increasio nrnjrf witJ-not
-only .r*. pro-Utumi
._fjgfl:l,"jtli rh.e er.rrranc:; bur it wifl have a oqgarive impr.i.uo tr,. iir. oral,,ali J,i *.Jstructures imr.rediately idjaicnt ro Kinnickinnick Rogd.
]].1::.,r_{fory:T yhki 1ic .hav-c;19qar,1i.ng. rbe increascd dcruity and rhe proposcd plan,
rclatcs !o lhc qrchjtedtural desitn which is being proposdd. Wd highly reconirn&d tirai rtrj'geveloPcr sottcn tlrc 1'ery f aid lines of his pro.jcct,through rhe upiliiatioo crf perinrcrcr earth
benning, and a genefous initaltarion of cbniiers'and dlcitluori, rr.eJlo siften rhavislul
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2833 Kinnickinnick#3 |' Vail, Colorado 8L657 n .,' L
$03) 47s-sr33 : \e". . *t\.-. -,lc{l. \?\r
Sun, Dec 19, 1993 F4
To The planning and Environmentalcommission, Town of Vail,
v{1,^1
I must todge, in the strongest possible terms, my protest to your convening a ptanning ll:15and zoning worksession regarding the rezoning of lhe "pedoilo parcet" in
lntermountain during what is certainly one of the Valley.s most busy periods.
I received your notice for an inilial meeling on the 13th of December and was able to.--{aks time to attend. I spent one and. one half hours waiting for lhe "request for
worksession" on lhe 2850 Kinnickinnick parcel to come on to lhe agenda. Afler the
first item of the agenda had not been finished, it was evident that the meeting was
going to progress slowly. I had not planned to spending the entire atternoon at the
meeting and had lo leave. ln addition, I was frustrated by the fact that I could not find
anyone in the front office of the building who knew what a 'request for worksession"was. lf lhe request was a minor procedural matter. might it not, more democralically.
have been disposed off at the beginning of the meeting? lt "a request for worksession
is a scheduling matter should it not be stated as such. In addilion, t have not received .
a mailed notice of the meeting on 20lh December although tlwas oo your list to receive
a notice about the initial meeting.
I am unable to attend lhe.meeting on Monday the 2oth as I have had prior work
commitments for over 4 monlhs, I am very interested in the proposal as I live at 2g33
Kinnickinnick #3 and my residence tooks out across Kinnickinnick road at the property
in question.
I am not unfavorably disposed lo thd devetopment of the Pedotto parcel as I believe
lhat suitable development of a signilicant portion ol this land will improve the
Inlermountian neighborhood. Furthermore, t am very encouraged by the open
discourse lhat your deparlment nurtures regarding all of Vail's planning questions. t
do not teelthat I have adequate information regarding lhis.development and, at this
lime, I am opposed to the plan as outtined in your memorandum of Dec. 13. I feel that
the fiming ot your worksession on lhis property is most inappropriate. The
neighborhood in question is certainly a "working" neighborhood and most residents
willbe very inconvenienced by this meeting if, indeed, they are abte to altend at all.
Should there be any question that thE submittal or scheduting of this worksession has,
in any way been affected by the above concerns lwill fully pursue my legal
alternatives. In addilion, I rvill become vociferous and obstrepergus in my opposition
lo the applicants proposal.
ina^,,\ I , .rIEr,UAr'1 l91994
April19, J.994
Town Council
The Town of Vail
75 S. Frontage Road West
Vail, Co 8L657
RE: Pedotto Parcel Rezoning
The Pedotto parcel is being presented for your review and approvsl fsl lszoning.
The proposal shows 14 buildings They are being presented as affordable housing
for young families at approximately $315,000 for each home; but we feel that this
is somewhat out of the range of most young families and that, in fact, these homes
will become second homes. As a result we will have additional non-resident
owners. While we do not object to non-resident owners, we would like to see
InterMountain remain the last bastion of local ownership in the Vail Valley. At
this time the majority of the people who live in InterMountain are local and we feel
that retaining primary/secondary zoning will maintain this permanent resident
nature of this neighborhood.
Although the present zsning allows for six primary/secondary duplexes on 6
15,000 sq. ft. lots; we feel that the size of these buildings would be more in
keeping with the surrounding area which consists of townhomes and condominiums
than 14 small alpine buildings that do not fit into the architecture of the
neighborhood.
As residents of InterMountain we would like to ask that you deny this request for
rezoning. We are very much aware that this area will be developed and we have
tried to give our input. It is of utmost concern to the residents of this neighborhood
that a formal traffic study be undertaken to actually know the amount of traffic that
is evident in this area. Seven road cuts off of Kinnikinnick, which presently has
an exceptional amount of traffic seems 0o only add to the danger of negotiating the
streets in InterMountain.
V/ith all due respect,
Residents of VailAnterMountain
PETMONTOTOWN COT]NCIT
We, the udersign€d residmts of hteri\,Iountain Subdivision, reguest that the members of the Vaj
Town Cormcil leave the zoning ol the Pedono Site at PrirnarflSecondary, rather than approving upzoning o
this parcd and the proposed strMivision, to Low Dersity Multi-Family
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PETMON TO TOWN COUNCIT
We, tbe rmdersigned residents of InterMountain Subdivisioq r€quest tbat the rnernbers of the Vail
Town Cogneil leane the zoning on the Pedotto Site at Primary/Secondary, rather than approving upzoaing oi
this parcd and the proposed subdivisiorq to low Density Multi-Family
\
1
PETMON TO TOWN COUNCIL
We, the undersigned residents of InterMormtain Subdivisioq request that the members of the Vail
Town Council leave the zoning on the Pedotto Site at Primary/Secondary, rather than approving upzoning of
this parcel and the proposed subdivisiorq to Low Density Multi-Family:
&G An\
JusrtnA;kins
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IyIAIUNG ADDRESS
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ORDINANCE NO.5
SER|ES OF 1994
AN ORDINANCE REZONING A TRACT FROM PRIMARY/SECONDARY RESIDENNAL
SECTION 18.13 TO LOW DENSITV MULTI.FAMILY BESIDENTIAL, SECTION 18.16
GENERALLY LOCATED AT 2E5O KINNICKINNIGK ROAD IIORE SPECIFICALLY
DESCRIBED BELOW AS:
A parcel ol land ln the Southwe3l Ouert€r ot Sectlon 14, Townshlp 5 Sosfb Range 81 West of the 6th
Prlnclpal iloddhn, mol€ ponlcularly de.crlb€d a8 lollowa:
Beglnnlng at a polnt whgrrce a braas cap tst
'or
a wltnes3 com€r ior the Wed Ouafier of sald Sectlon 14,
bealr (ilonh 29 degre€s 28 mlnutes 51 seconds Wert, 1073.08 teet Deed) (ilonh € D.gr€s3 15 mlnutes 02
secondr West, 915.96 feet llea$r€d); Thence North 74 degrc9! 05 mlnute! 19 secondr Eest, 10.76 fest;
Thence 18:1.62 t et rbng the arc of a curye to the rlght whlch er€ eDl€nds a chord beerlng North 88 degrce3
12 mlnute! g) reconds Easr, 181.76 feot; Thenco Sourh 77 dognes 40 mlnulea 21 seconda Eatt 6iL77 feet;
Thenca 147./B teet along the arc ot a curve to the lelt whlch arc rubtends r chord bearlng ]lorth 86 &g|ee.
36 mlnut.o 17 seconds East, 145.60 feet; Thence ilorfh 70 degr€es 52 mlnuter 55 secondr Eart,406.55 t d;
Thenc€ li4.lo fest slong tho arc ot I curve to tho rlght whbh arc.ubtend3 a chord beillng South {7 degrooi
20 mlnuleE 37 r*ondo East, t1420 led; Thence Sourh 14 degreer 25 mhutss 50 3econds West, 110.5t foet;
Thence South 68 degner lE mlnule3 91 3econd! ltte3t,320.00 teet;
Thonco onh 19 degrees 07 mlnute! 05 seclndr We3t, 50.00 feet;
Thencs South Tl degr3,es 4g mlnutca 41 soconl! Weat 16O.1E teet;
Thence South 10 d€grcer 53 mlnubs 33 leconds West,36.tt8 led;
Thence llorth 87 degnea 40 mlnute3 06 3econd! Wert 337.21 t et;
Thence (llorrh ll d€gr€es 52 mlnutes 13 seconds East 130.00 feet Deed) ilorlh 11 d€01e$ 55 mlnutes 31
seconds F,,4 18.75 fest lleasured) to the POINT OF BEGIN]lll{G.
Bearlng trom G.LO. r€cord lor Souh half ot Sectbn llne betseen Sectlon3 1{-15. (G.LO. rEont South ot
degr€es 30.2 mlnuteE East) (South 01 deglres 38 mlilrleE 3il lecondr Es3t ile..urcd)
WHEREAS, the property located at 2850 Kinnickinnick Road more specifically
described as:
A parcel of land in the Southwesl Quarler of Section 14, Township 5 Soulh, Range 81 West of the 6th
Pdncipal Meddian, rnore particularly described as follows:
Beginning at a point whence a brass cap set for a witness corner for the Wesl Ouart€r of said Seclion 14,
bears (North 29 degrees 28 minutes 51 seconds West, 1073.08 feet Deed) (Norlh 43 Degrees 15 minut€s
02 seconds W€st, 915.96 feet Measured); Thence l,lorth 74 degrees 05 minutes 19 seconds East, 10.76
feet; Thence 1€8.62 feet along lhe arc of a curve to the right which are subtends a chord beadng l.lorth 88
degrees 12 minules 30 s€conds East, 181.76 f€€t; Thence South 77 d€gr€es 40 minutes 2l ssconds East,
62.77 leeti Thence 147.43 feet along the arc of a curve to the lett which arc subtends a chord bearing
Nodh 86 d€grees 36 minules 17 seconds East, 145.60 feet; Thence North 70 degrees 52 minutes 55
s€conds Easl, 406.55 feel; Thence t4.10 feet along the arc of a curve lo the right which arc subtends a
chord bearing South 47 degrees 20 minutes 37 seconds East, 44.20 f€€t; Thence South 14 degreos 25
minutes 50 secrnds West, 110.51 feel;
Thance South 68 degrees 18 minutes 91 seconds W€st, 320.00 f€€t;
Thence North 19 degrees 07 minutes 05 secords West, 50.00 feet;
Thence South 77 degre€s 48 minutes 41 seconds West, 160.18 t€eu
Thence Soulh 10 degrees 53 minutes 33 seconds West, 36.48 feel;
Thence North 87 degrees 40 minutes 06 seconds West,337.72 leel;
Thence (Nonh 11 d€rees 52 minules 13 seconds Ea$ 130.00 feet Deed) North | 1 degrees 55 mintnes 31
seconds East, 129.75 feet Measured) to the POINT OF BEGINNING.
Bearing from G.L.O. record for South halt of Section line between S€ctions 14-15. (G.LO. record South 01
degrees 30.2 minules East) (South 01 degrees 38 minutes 32 seconds East Measured)
has been approved by the Planning and Environmental Commission to be replatted to a single
lot from an unplatted parcel in accordance with Section 17.20.030; and
WHEREAS, an application has been submitted to rezone the lot from
Primary/Secondary Residential to Low Density Multi-Family Residential; and
WHEREAS, the rezoning eftort is consistent with the surrounding and immediate
adjacent properties;
Odtrrrc o. 5.
Ed- d ieea
WHEREAS, in accordance with Section 18.66.140, the Planning and Environmental
Commission had a public hearing on the proposed zoning amendment and has submifted its
recommendation to the Town Council; and
WHEREAS, the applicant has agreed to plat restrictions which shall be recorded on lhe
plat at the office of the Eagle County Glerk and Recorder which stipulate how the tuture
development shall occur; and
WHEREAS, plat restrictions shall be filed immediately following second reading of the
rezoning; and
WHEREAS, all notices required by Section 18.66.080 have bsen sent to the
appropriate parties; ano
WHEREAS, the Town Council has held a public hearing as required by Chapter 18.66
.of the Municipal Code of the Town of Vail.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO THAT:
Section 1
The Town Gouncil finds that the procedures for a zoning amendment as set forth in
Ghapter 18.66 of the Municipal Code of the Town of Vail have been tully satisfied, and all of
the requirements ol the Municipal Code of the Town of Vail relating to zoning amendments
have been fully satislied.
Section 2
The Town Council hereby rezones the property from Primary/Secondary Residential to
Low Density Multi-Family Residential which will become effective upon the filing of the plat
restrictions at the oflice of Eagle County Clerk and Recorder.
Section 3
lf any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not affect the validity ol the remaining portions of
ftis ordinance; and the Town Council hereby declares it would have passed this ordinance,
and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact
that any one or more parts, sections, subsections, sentences, clauses or phrases be declared
invalid.
dhic. No. 5,
8d- d leea
o
Section 4
The Town Gouncil hereby finds, determines, and declares that this ordinance is
necessary and proper for the healh, safety, and welfare of the Town of Vail and the
inhabitants thereof.
Section 5
The repeal or fie repeal and r€enactment of any provision of the Municipal Code of
the Town of Vail as provided In this ordinance shall not affect any right which has accrued,
any duty imposed, any violation that occuned prior to the effective date hereof, any
prosecution commenced, nor any oher action or proceedings ars commenced under or by
virtue of the provision repealed and reenacted. The repeal of any provision hereby shall not
rwive any provision or any ordinance previously repealed or superseded unless expressly
stiated herein.
Section 6
All bylaws, orders, resolutions, and ordinances, or parts lhereof, inconsistent herqrith
are repealed to the oxtent only of such inconsistency. This repealer shall not be construed to
revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED IN FULL ON
FIRST READING this 15th day of March, 1994, and a public hearing shall be held on tris Silt
day of April, 1994, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail,
Golorado.
Margaret A. Osterfoss, Mayor
ATTEST:
Holly L. McGutcheon, Town Glerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this
-day
of
-.------..-.-.-,
1994.
AfiEST:
O!d5.no. Lo. 5,
8-h. C leea
Holly L. McOutcheon, Town Clerk
Margaret A. Osterfoss, Mayor
FfLr c0Py
3. The applicant shall include pans on the drawings to be located at the
entrances to the parking garage and the hotel driveway.
Bob Armour seconded the motion. A 5-0 vote approved this item.
2. A request for a setback variance to allow for an expansion to the residence located at
4295 Nugget Lane/Lot 7, Bighorn Estates.
Applicant: Margaret GrossPlanner: Flandy Stouder
Randy Stouder made a presentation per the staff memo and noted the changes which
had been made to this proposal since the March 28th worksession.
Bill Hein, the architect for this project, explained that the site is heavily treed. He
stated that the applicant would like to develop a new planting bed to the north rather
than placing additional trees where there is already a lot of planting. He staled that
they were not proposing to reduce the number of trees but they were proposing a
location change.
Bandy stated that staff is recommending approval.
Bob Armour made a motion to approve this request for a setback variance per the staff
memo. Jeff Bowen seconded this motion and a 5-0 vote approved this item.
3. A request for a minor subdivision and lo rezone a tract from Primary/SecondaryResidentia|toLowDensityMu|ti-Fami|y,|ocateda-
specilically described as follows:
A t'| c.l ol bnd in rh. Sdrfircl Os.ni ol S.dim la. TomCrip 5 ScrC!. tuiE 81 W.rl ot rh.6h P.iEb.l Meitr|. |E! piiq,ldy d..dib.d rr tolor.:
B.!hnhc.l|P.b|sf€nco|be..C+3.l|ofa$h9.!cofo.t'.r|how6loUrr|€fol]dls'c|dll1.b.t6{No29d.9r6328fii,|.35l..col|d3wcl.lo73.(fl..|o.dl(tl.3
oqr... 15 dn 1€. (p c.coid. w.tl. 91596l..l M..rr!d): lhnc. fLrlh ?. d!gr...03 niub. I I ..God. E..1, ro.7l |ri Thao. 183.€21..r rloig . j. ol | srv. ro th. ighl
|ticn ... .Lblood. . .hdd b{d.E Ndh 88 d.gr... 1 2 milln* 30 !.ccid. Er.r t81 .76 1€€r; lh.nc€ So'rth r/ d.gr.or a0 |rlhn . 2l ...dr E-t. 62.t bot; Th..tc, r a7.13 Ll dcf
lh. -c d. cnr, lo th. Lfi wtidr rc .!bl.nd.. ohod 5{riE N.nh 86 d.9..x 36 rn^d.. |7..co6 E$r. ra5.€01-rr l}F- I'ldt 70 d.9r6 52 nirub.55 -drd. E r, a04.55
l..t Thftc. 5a.10 | .l t.n9 h. arc ol . cw. !o th. lplt whi.h r. .!b1.d! . ch<nl b.lnt9 Sorn |7 d.g...r 20 rnirae. 37 rlcdd. Est. aa2o h.i Thr.. Sosh l a d.gr-. 25
nirut- !0 ..6ndr W.d, 1 I 0 5l t er,
Thence SMh G8 d.9.*6 18 mbul.! 0l ..c..{r W..! 320.00 t..rl
Th.ic. ildlh 19 dqr... 07 dirurc 6 -6id. W..r. 50.00 l€.r:
li.€ Sodr 7 d€9r-. ag d*|(n.. ar ...cd3w..r r60.i8 t*rl
lh.rE Sodh 10 d€groo. 53 min66s 33 r..dd. W€.r. 35 a8 toel:
th..r. No.rh 87 d.Er.6 r0 niul* C !.cord. Wod. 37.72 t..ti
Tl'.t (ih.lh l1 der.€. 52 nii.n- 13 r.co.d. Errl. 130 00 b.r 0..d) ilor$ t I d.gr... 55 nirur- 31 .londr E.3 120.75le.r Mo.urd) to h€ Polin OF BEGIISIiG.
B..iE iornO.L.O. rco.d lor Sodh hrtl ol Soclar ln€ b.tw.$ 5..110.|6la.l5 (G L O. r.cord Sorrh 0r d.!r..€ 30.2 .rtnn.. E..1) (Sodn 0r d.!.. 36 nhur.! 32 ..crd. Errr
Applicant: Juanita l. PedottoPlanner: Andy Knudtsen
It should be noted that Greg Amsden stepped down from the PEC for this ilem to
prevenl any conflict of interest and Jeff Bowen took over as chairman.
Pbnnhg rnd Environmcntll Commilsion
Aprll 11,1994
4.
Andy Knudtsen made a presentation per the slafl memo highlighting the changes that
have occurred to this project since the March 28, 1994 PEC meeting. He said that the
negotiations with adjacent property owners on the south side ol the site did not work
out and consequently changes were made to the plans. He said that statf prefers the
site plan approved at the February 28th PEC meeting, Andy staled either site plan is
acceptable to staff. He pointed out to the PEC that Conditions 9 and 10 of the staff
memo are new. Andy stated that with those additions, slaff recommends approval.
Flick Rosen stated that he requested Greg step off the PEC. Rick stated that they had
attempted to work with the neighbors on access but that the neighbors could not agree
to the original site plan. He said that the alternative site plan was created since an
agreement could not be reached with the adjacent property owners.
Jeff Bowen inquired what the relationship would be with the neighbors regarding
trespassing if this second plan is approved.
Rick Rosen stated there is a parking problem with the condominium, but that the
design of the site plan has situaled buildings in such a way to allow future access to
the neighboring lots. The neighbors, however, would have to develop a new
agreement with the applicant.
Bill Anderson motioned that the requesl for a minor subdivision and the request to
rezone a tract lrom Primary/Secondary to Low Density Multi-Family be approved in
accordance with the staff memo and the ten conditions listed on pages 15-18. Allison
Lassoe seconded the motion and a 4-0 vote approved this item with Greg Amsden
abstaining.
A request for a minor subdivision and a wall height variance to allow for the
construction of an avalanche mitigation wall located at 4229 Nugget Lane/Lot 6,
Bighorn Estates.
Applicant Helen DickensonPlanner: Mike Mollica
Mike Mollica made a presentation per the statf memo and stated that staff is
recommending approval of the requested minor subdivision and wall height variance
with the conditions outlined in the memo.
Peter Monroe slated the grading plan is relatively flexible. He has shown the grade
north of the wall at an even slope.
Mrs. Dickenson mentioned she prelers teracing in front of the wall, versus an evenly
sloped grade.
Bob Armour recommended that the grade be terraced or the slope will wash right down
the hillside.
Pl.nning lnd Envilonm.nbl Comml!.lon
Aprll lt, 1994
1rr4
P€.
4- o- |
A request for a minor subdivision and a request to rezone a tract from
Primary/Secondary Residential to Low Density Multi-Family, located at
2850 Kinnickinnick Road/more specifically described as follows:
A parcal ot land in the Souttwgsl Quaner ot Soclion 14, Township 5 South, Range 8't West of ths 6th Principel
Meridhn, mor€ particularly desoribed as lollows:
Beginning at a point whsncs a brass cap sal for a wingss comer lor t|e W€st Ouaner of said Section 14, bears
(North 29 &grees 28 minutes 51 seconds Ws6t, 1073.08 feet Deed) (No.lh ,13 Degre€s 15 minutB 02 saconds
W43t,915.96 feet Measured); Thsnce l'lonh 7,1 dsgr€ss 05 minutos l9 ssconds Essl, 10.76 teer; Th€nce 183.52
l€€l along the arc of a qllve to the righl which erc subtends a chord beering llonh 88 degrees 12 mindos 30
ssconds Easl, 181.76 fegt: Thenco South r' dggfsss ,10 minulgs 2l soconds Easl, 62.7 leet: Thonce 147.€
fod along th€ arc ot a (rrrve 10 tho lslt which arc subten(b a dlord boaring Nonh 86 degre€s 35 minues 17
6aconds East, 145.60lsst; Thenc€ Nonh 70 dogrees 52 minutss 55 seconds Ee8l,406.55 f€€t; Thence 5{.10
feel along the arc ol a djrvs lo the right which arc aubtends a chord beding South 47 dsgr€€s 20 minuloB 37
s€conds Ea81,44.20 faal; Th€nco South 14 dsgr€€s 25 minutss 50 ssmnds W€st, 110.51 106l;
Thenco South 68 degrees 18 minutG 9l s€con& Wos( 320.00 io€r;
Thonce North 1S degrees 07 minulss 05 s€conds llrest, 50.00 f6ot;
Thence South n degrBes /E minut8 41 seconds lltest, 160.'18 foati
Thence South t0 degtses 53 minutss 33 socon& We€r, 36.48 f€or;
Thenc€ North 87 degrees 40 minures 06 ssc,onds W€Et, 337.2 tset:
Thence (Nodh 11 dsgress 52 minr.nes 13 seoon& Easr, 130.00 leel Deed) Norih tt degr€€a 55 minues 31
soconds Eest, 129.75 leet Measurod) ro tho POINT OF SEGINNING.
Beering from G.L.O. record for Soulh hsll ol S€clion line benf,een Sections 1/t-15. (G.L.O. rscord South 01
d€grees 30.2 minues East) (Soulh 01 dsgrees 38 mintnes 32 seconds Essl Me8sured)
TO:
FBOM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Community Development Department
April 11, 1994
Applicant:
Planner:
Juanita l. Pedotto
Andy Knudtsen
I. BACKGROUND
(Please note changes to the memo since the February 28, 1994 revie$, are shown in
bold.)
On February 28th, 1994, The Planning and Environmental Commission (PEC) voted &0-
1, with Greg Amsden abstaaning, recommending approval of the proposed rezoning.
There were several conditions that the PEC requested be added to the site plan and the
plot. One of them pertained to the common acoess on the southwest corner of the slte.
The applicant was requlred to get approval lrom the adlacent property owners
rsgarding the common acoess. This was to bs done prior to first reading at Town
Council. The two owners to the southwest ot thls property have declded they dld not
utent to share the common access. As a result, the applicant has redesigned the site
plan and provided accsss for building envelopes one and four from Klnnickinnlck Road.
There are no new curb cuts. The two westernmost driveways have been extended
further into the site to provide access to these hno envelopes.
Because of the change in the site plan, the appllcant has been requlred to return to
PEG for a review of ths changes. All other dsveloDment issues remain as aoreed to bv
the PEC. staff. and the applicant durino the Februarv 28. 1994 hsarlno. The conditions
are listed at the end of this memo.
II. SUiIMARY OF ANALYSIS AND RECOMMENDATION
Staff believes that the original site plan ls more comprehenslve and addresses acoess
to neighboling propenies better than the site plan propossd at thls time. Horyever, we
believe that the developer ot the Pedotto property should not be requlred to solve an
access issue in a manner that reguires adlacenl propsrty owners to approve the access
plan. Staff fssls that the applicant has dono everything within his control to achieve
this solution; however, the neighboring property owners haye not bsen willing to
participate. Therefore, staff recommends that the Town allow elther site plan to bs
developed. Stdl prders the slle plan revlowed by the PEC on February 28, 1994 wlth
the shared access. However, statt dogs not bslieve that there are slgnlficant negatlve
impacts from the site plan under rsview tor the April 11, 1994 hearlng and that it should
also be approved.
III. PRo.IECT DESCRIPTION
The applicant, Juanita Pedotto, and her representative, Greg Amsden, would like to rezone a
parcel of land in Intermountain from Primary/Secondary Residential to Low Density MultF
Family. lf rezoned, the applicant is planning to construct nineteen dwelling units in fourteen
structures. The parcel of land is 2.49 acres. Of Utis, there are 2.36 acres that are considered
buildable by the Town of Vail standards.
In addition to a rezoning, the proposal includes a minor subdivision request. In the future, the
applicant intends to use the single family subdivision process to sell off the individual dwelling
units. Prior to this, however, the currently unplatted parcel must be platted as a lot. This
provides an opportunity to document building footprint locations, GRFA restrictions, and other
development standards on the plat. These stiandards will be listed on the plat and will be
applicable to any developer as well as future home owners.
Since the previous worksession, the applicant has deleted one single family dwelling unit from
the site plan. Another change is that the building envelopes have been d€lstsd and replaced
with specific building footprints. Previously, a prototypical fooprint was shown within an
envelope. lt moasured 37 feet by 37 feet. The updatsd fooprints have bsen increased to 40
by 54 feet lor the larger type of unit and 38 by 30 feet for the smaller type.
The footsrints will be a minimum ol 15 feet apart. The applicant is requesting the ability to
shift the fooFrints as much as ten feet, if needed. Changes in fooprint location would have to
be approved by the DRB. Fifteen feet of separation would have to be maintained for both the
structures and decks. The PEC approved these standards at the prwious hearing on
February 28, 1994.
The current site plan proposed by the applicant is made up of nineteen dwelling units in
lourteen structures. Nine of these will be single family residences. Three ol them will be
single family residences with a deed restricted caretaker unit located above the garage. Four
ol the dwelling units will be located in two duplexes. The total number of structures would be
fourteen. Total GRFA for these durelling units is anticipated to be 25,900 square feet. A site
plan is attached at the end of fiis memo which shows where these structures would be
located. The chart below shows the break down of the structures and units:
9 single family
3 single family with EHU's
2 duplexes
TOTAL:
North:
East:
South:
West:
Number of Units
9
6!
19
Number of Structures
I
3
z
14
The architect has designed three styles for the fourteen structures. These are shown in the
perspective attached at the end of the memo. Each type will have he same materials, which
include a stucco firt story and horizontal cedar siding on the second story. The roofs will be
shake shingles and will have clipped gables. There will be corbels to support the second
story cantilevers as well as the eaves. The windows will all have shutters to help create a
bavarian appearance. Though there are three ditfErent interior plans, the exterior mass and
bulk is almost identical for two of the units. Therefore, there will appear to be only two
different types of extsriors. The larger home, with the caretaker unit, will have a tooprint
measuring 4O feet by 54 feet. The smaller home will have a footprint measuring 38 feet by 30
feet.
The neighboring properties to the parcel under consideration include:
Columbine North
Primary/Secondary development
Camelot Townhouses and single fami! development
Primary/Secondary development
The property to the north and east is zoned Residential Cluster. The property to the south
and west is zoned Primary/Secondary. The Land Use Plan has designated the parcel under
consideration as Medium Density Residential. Per Land Use Plan, a range ol seven to thirty-
three units is possible based on the 2.49 acres. This translates to three to fourteen dwelling
units per acre.
IV. BACKGROUND/FORMER REOUESTS
In October of 1990, the Professional Development Corporation proposed employee housing
developments on several sites in the Town of Vail. The Pedotto site was one of them. ln
their request, they proposed Medium Family Multi-Family (MDMF) zoning. In the memo dated
October 29, 1990, staff recommended that the applicant reduce the number of units on this
site to LDMF densities and maintain the amount of GRFA on the site to RC standards. The
proposal for the sits is shown below:
Tvpe ol Unil
Efficiency Unils
On€ Bedoorn Unils
Two Bedroom Unils
TOTAL:
Number of Units
6
6
n
39
Square Fooaoe
€5 sq. lt.
.|82 sq. ft.
609 sq. ft.
GRFA
2,610 sq. ft.
2,892 aq. ft.
16.44i1 so. ft.
21,9t15 Bq. fi.
V. ZONING ANALYSIS
Tolal Sile A|€a: 108,682 6cpar€ ba or 2.49 acrea
Buildsble Area: 102,788 squet€ fe6l or 2.36 act€a
PrimarylSeoondary:
Resid€.rtial Clustor:
low Density
Mu[ipl€ Farnily:
Allowod
Den8ilv
15,000 sq. ft. ol
buldable resrited
p€r lol (3ix lot8)
6 dwelling unita per
buildable acro
I dvv€lling unals p€r
buiHaHe acr.
Drvelling Udts
@
'12 dtr€lling unils
14 divelling unil8
2l dflolhg unils
7 lo 3il dwdlng units
16 *relling units
Employee Housing
Unitr Alorcd
6 EHU'3 by
conditional reviery'
3 EHU'g
GRFAAIIomd-
24,368 + 5,1fl) -
29,468 sq. n.
25,697 + 3,150 -
28,847 sq. ft.
30,836 + 4,25 -
35,561 sq. fi.
21,88 + 1,tl,5 -
25,900 aq. lt.
trnd Use Pl€n Msctum
Density H6ider isl: 3 lo 14 dut€llng mils
per buildauo acro
Prcposed: 8.5 durelling uni|s
per buildade acr€
'Th€6e 6 EHU'3 would nol counl in d€nsity cahulationE.
"earagps nol indudod in GRFA calcuHions.
4
Stafl has analyzed lhe proposed 6ile plan submitted by the applbent and ha6 providEd e zoning anelysis beloyr.
Tolal Sile Ar€a: 108,682 sq. lt. or 2.49 ecres
&rildable Area: 102,788 sq. lt. or 2.36 acres
Zoning whioh would b€ in effecl: Low Densiry Multi-Family
Allowed Per
LDMF Standards Proposed
Uses: Single Family, Two Family, and Multi-Family Single Family and Two Family
Lot Ar€a: Minimum size: 10,000 sq. ft. of buiHable 102,788 sq. tt of buiHable
Setbacks: Reouired: Front: 20'
Front: 20' Skle: 23'(west)
Side: 20' Sile: 2O'(east)
Side: 20' Rear: 20'
Rear: 20
Height: 38' 33'
GRFA: 30,836 + 4,725 = 35,561 sq. ft. 21,625 + 4,27s = 25,900 sq. ft.
Density: 9 dwelling units per buildable acre or 8.1 dwelling units per buildable acre or
21 dvvelling uniE 19 dwelling units
Site Coverage: 357" of total area or 38,038.7 sq. ft. 19.5% or 21,137 sq. ft
Landscaping: 40 /o of total site area or €,472.8 sq. ft 71.8/" o( 73,761 sq. ft
Parking: P6r ott-str€€t parking requirements Meets code
VI. REZONING CRITERIA
A. Suitabilitv of the orooosed zoninq.
Staff's analysis of the suitability of the proposed zoning focuses on density,
compatibility with surrounding developments, and ways that the proposed development
can be buffered from existing neighboring uses.
Staff recognizes that many of the surrounding properties adjacent to this parcel are
multi-family complexes. The applicant has estimated their densities to exceed
Residential Cluster (RC) standards and staff has confirmed this information. The
sunounding multFfamily developments have densities that range from 11.3 dwelling
units per acre to 22.2 dnelling units per acre. Please see the chart below. There are
also surrounding single family and primary/secondary developments which have
densities that are lower than the proposal.
Nflno Unlt3 Aro Dfi.lty
lnledocken 39 1.80 21.5
Columbine Nodh 16 .92 17.4
Flussheim 4 .24 r3.8
lnnsbrook I .36 2..2
Columbing Wesl .62 11 .3
Carnelol 8 .36 n.2
Though the density of the sunounding properties are higher than Residential Cluster,
the type of dovelopment (single family, duplex or multi{amily) effects the way the
density appears on this site. For examplo, many of the developments are made up of
townhouses. Since the units are more compErct than detached single family homes,
the stuctures do not cover ars much of the site and are likely to have larger areas of
useable open space. Staff believes that the proposal should be modified to improve
the amount of useable open space, to reduce the amount of asphalt, and to increase
architectural variety within the clusters on the site.
Specifically, staff believes that Units 13 and 14, Units 7 and 8, and Units 1 and 2
should be combined. The units to be consolidated, however, should be the smaller of
the two styles. At this time, the larger unit with the employee housing caretaker
apartment is shown in each of the thre6 areas. We are concemed that th6 struchJres
may be too large if triplexes are created. Therefore, in addition to consolidating these
fooprints, staff believes that the employee housing units should be shifted to other
footprints in the development. We believe that the variety ol massing created by a
combination of units will help the dwelopment be more compatible with the
surrounding properties, as they have been developed in more of a townhouse style. In
addition, staff believes that the resulting open spaces will be larger and will be able to
accommodate additional landscaping, particularly on the northeast, northwest and
cenfal porlions of the site.
Landscaping is a key issus in stiaff's opinion, as the amount of density to be
considered under the rezoning proposal should be evaluated based on how it is
buffered from adjacent properties. Statf is primarily concerned about the perimeter of
the site.
At this time, the applicant has committed to the following:
1, Six clusters ol aspen located around the perimeter of the project along
Bellflower and Kinnickinnick. These clusters range from three to eight
aspen each.
2. On the East end of the sate, there will be tsn to twelve aspen along
Basingdale.
3. Two planting areas of aspen made up of a total of fifteen to twenty trees
will be located nert to the Camelot Townhouses.
Stafl understands that the drawings submitted to the Design Review Board (DRB) will
include additional landscaping and thal the landscaping shown on these plans reflects
the basic landscaping needed to butfer adjacent properties. The landscaping listed
above must be incorporated into the DRB drawings and must be planted prior to
issuance of a final certificate of occupancy for the dwelling unit adjacent to the
landscaping.
Another key issue that relates to landscaping is the preservation of the green space in
the center portion of the site. Since the last worksession with the Planning and
Environmental Commission (PEC), the applicant has had an environmental
assessment (EA) done for the wetland area. This report is attached to the back ol this
memo and delineates the boundary of the wetland area as well as a 10 foot buffer
area along all sides of the wetlands. The map from the EA was drawn on the previous
plan which showed a building footprint within the buffer area. This has been corrected.
The revised location sites the building outside the buffer area. Staff believes that any
rezoning approval should be conditioned with a requirement that the consullant return
to the site in the spring or summer to conlirm that his analysis made during winter
months is accurate. Any modifications that would be generated by the consultant
would have to be included into the site plan. Building footprints would have to be
shifted if the update indicates that they are located in the buffer area. lf the looprints
need to be shifted, staff believes the project should be reconsidered by the PEC.
There are some large existing aspen in this ar€a adjacent to the wetland area to the
west. They range in size from two inch caliper to eight inch caliper. Staff believes that
any trees that can be transplanted should be. lf they are to be cut down, they should
be replaced on a 1:1 ratio based on the caliper of the tree to be removed. For
example, and eight inch caliper tree would have to be replaced with two 4 inch caliper
trees. Staff believes this is reasonable since larger trees do not fansplant well
according to the Town's Landscape Architect.
Staff understands that the applicant desires to change the zoning from
Primary/Secondary Residential to Low Density Multi Family to allow additional units,
not necessarily more GRFA or site coverage. The applicant has agreed to reduce the
amount of GRFA to below Primary/Secondary standards and maintain the amount of
site coverage and height to Primary/Secondary standards. These restrictions will be
recorded as plat restrictions. Staff does not have a problem with the number of units if
they can be sited in such a way to provide adequate open space, butfering and
minimal site coverage. In order to achieve this, we believe a more clustered design
concept is necessary. We feel an adequate landscape plan has been provided, the
wetland area has been protected, and that unit layout is good as long as the units are
combined as suggested above.
B. ls the Amendment Providino a Convenient. Workable Relationshio wilh Land
Uses Consistent With Municioal Obiectives?
Under this criteria, staff has evaluated the rezoning proposal to ensure that it will
provide workable relationships to those properties around the site. ln addition, the
rezoning proposal must be consist€nt with the Municipal Objectives. Ensuring that the
future development will have a reasonably compatible relationship with the existing
neighborhood has been the focus of much of this review. On January 17, 1994, there
was a neighborhood meeting attended by approximately thirty neighbors. Attached to
fie memo are all of the letters lhal have been received by staft from he neighbors.
The primary concems of the neighbor:r seem to revolve around pedestrian safety and
traffic safsty. Statf has contacted the Polics Department and the Public Works
Department since the neighbofiood mesting to ask them to look at increasing patrol as
well as increasing the numb€r of stop signs in the area. This appears to be a problem
that needs to be solved independent of the rezoning issue.
However, the proposal will have some positive impact on these issues, since there will
be public improvements made by the developer. The Town is requiring the developer
to provide a sidewalk that will run the length of the propsrty. The applicant is
proposing a 6 foot wide walk that will be detached lrom the edge of pavement on
Kinnickinnick. The Town is requiring that this be a hard surface walk that can be
maintained during winter months. lt will be the responsibility of the homeowners
association to keep the walk clear. This is a Town wide requirement that applies to all
developments that have adjacent sidewalks. The applicant is proposing a cinder walk;
howwer, staff believes it must be hard surface. Please see the plat restrictions at ths
end of this memo regarding the sidewalk and other public improvoments.
A concem related to safety involves the number of curb cuts on Basingdale, Bellflower,
and Kinnickinnick. Originally, fte applicant had submitted a plan with five curb cuts on
Kinnickinnick and thr€e on Bellflower and Basingdale. Since the original submittal, the
architect has rsmoved all curb cuts ofl of Basingdale and Bellflower. Staff belisves
that this is a significant improvement as the driveways were previously located
relatively close to the intersections.
At this time there are five curb cuts for the entire p@ect which access from
Kinnickinnick. These curb cuts acress shared driveways. Staff believes that the
revised plan provides a more.sfficient use of the site and leaves more of the land as
landscaped area and op€n space. Though there has not been an incrgase in the
number of curb cuts on Kinnickinnick from what was originally submitted, statf believes
there is an opportunity to improve the situation. By relocating the access to Building
Envelope #1 from Kinnickinnick to the shared acoess on the southwest comer of the
site, there would be more open space around Building Envelope #1 , and one less curb
cut on Kinnickinnick. Staff believes that this would be an improvement.
Another concem ol the neighborhood involved parking, storage, and general
appearance ol he project. The neighbors wers concemed that individuals living in this
development would not have adequate parking and lhat additional cars would be
parked in the neighboring parking lots. Stalf has rsviewed this concem with the
developer and believes that the two car garages for each unit and the driveways in
front of each unit will accommodate the parking demand. An alternative would be to
create a parking lot for guests. However, staff believes that ths parking apron in lront
of each garage can accommodate guests most of the time.
-.
Regarding storage, during the neighborhood meeting it was suggested that there be an
area on the side of each garage for bicycles and other miscellaneous items. The
applicant has designed one of the garages to be 480 square feet. The drawings show
a template of a Suburloan and a Cherokee to indicate how much of the garage will be
tak€n up by automobiles. The remaining area of the garage will be available for
storage, and staff believes that this will be an adequate amount. One of the goals with
the storage area was to ensure that the two parking spaces will always be available for
parking. Though this cannot be guaranteed, staff believes that providing the storage
that is shown on the drawings is a reasonable assurance that the spaces will be
available. Staff believes it is critical that the other units (with garages approximately .
387 square feet in size) be expanded to he size of the larger garage.
A signilicant concern to the planning staff was how the developer was going to work
out agreements with the neighbors adjacent to the southwest comer of the site
concerning parking and access. Currently, there are parking and driveway
encroachments onto the Pedotto property by lhe neighbors. The applicant has worked
closely with the two existing homeowners in this area and has worked out agreements
with them for shared access. This access also includes a fire truck turnaround. All of
the driveway in this area will be paved. The adjacent owners will share the expenses
with the dweloper. Staff believes that this is an excellent resolution to a problem that
has occurred for some time. Stafl wants to emphasize the positive benefits that result
from the solution have been negotiated by the applicant.
One ol the final issues of concern by the neighbors involves the appearance of the
project. The applicant has provided prototypical elevations as well as a perspective of
three homes sharing one driveway. Staff believes that the design character of the
homes is positive, including the materials, detailing and general massing.
Staff believes that the three employee housing units proposed in this development are
consistent with the Land Use Plans goals of the Town to have employee housing units
added to our community. We believe lhat this component of the development
addresses a larger community need, By dispersing the three deed restricted employee
housing units among the nineteen dwelling units, staff believes that there is a good
balance of free market and employee units within the development. Attached to the
end of this memo are employee housing restrictions that have been tailored lor this
development. They are based on the Type lll EHU; however, they do not include
provisions that allow the sale of the employee housing unit.
C. Does the Rezoninq Provide for the Growth of an Orderlv. Viable Communitv?
In order to ensure that the future development on the rezoned parcel will be developed
in an orderly mannsr, staff has prepared the following plat restrictions which will be
located on the plat and recorded at the County Glerk and Recorderl
Plat Restrictlons
1. All construction shall conform to the standards listed below and shall comply
with the building fooprints shown on the attached site plan.
2. There must be a minimum 15 foot separation between structures, including all
decks and cantilevered portions, but excluding eaves. After completion of the
first structure and prior to the application for any subsequent building permit,
fie applicant must provide survey information verifying the location of
previously buill structures to show that the 15 foot separation requirement will
be met.
3. The height limitation lor the development on his parcel shall be lowered from
the 38 lset allowed by LDMF zoning to 33 feet.
4. All driveways to be constructed on this site shall not exceed 8% slope.
5. GRFA and site coverage and height shall be allocated lor the structures as
follows:
gdldlng
EnFlope t Onlllng unlt C|tdt oaF Tdd ORFA
Allffid
Sft. Cotr.?agr H.lght
2 ,150 sq. fl.2,080 sq. fi.2,530 sq. tt.1,800 sg. n.St tr.
2 1 225 sq. fi.t ,,125 8q. tt.1850 sq. ft.t,il0o sq. ll.gl fr.
3 1 sq.lt.t ,425 !q. tt.1,650 8q. lt.t,a00 sq. lt iB n.
1 1 225 sq. tt.| ,,t25 !q. ft.t,650 8q. lt.|,400 sq. tt.33 tr.
2 450 sq. ft.| ,680 !q. ft.2,130 8q. tt.I,683 sq. ft.$n.
6 '|225 sq. ft.| ,.[25 8q. fi.t ,650 8q. ft.t,rtq) sq. tL 3t'n.
7 225 sq. tt.1r25 sq. tl.| ,650 sq. fi.I,400 sq. tl.33 tr.
8 2 .150 sq. tt.1 ,680 sq. ft.2,130 sq. tt.t ,683 8q. lt.3tl fr.
I ?2S34..n.1 ,a25 3q. fi.| ,650 8q. tl.1,a{ro sq. n.3H! fl.
t0 2Sq.h.1J25 sq. n.| ,650 rq, ft.|,aq) sq. tr.gltr.
2 450 sg. lt.1 ,680 sq. ft.2,130 sq. tt.1,683 sq. tt.glft.
r2 225 sq. lt.I ,,125 3q. n.| .650 !q. ft.|,4OO sq. ft.3!| fr.
22s eg. n-1,4e5 !q. fi,| ,650 !q. ft.|,aoo sq. lt.3lt tr.
11 2 450 sq. n.1,680 3q. ft.2,130 rq. fi.I ,683 3q. ft.3tl tt.
6. No fences shall be allowed on this property.
7. Phasing - The applicant shallprovide the employee housing units according to
the phases shown below.
10
A. Prior to the issuance of a final CO or TCO for any dwelling unit located
on Building Footsrints #1 through #6, the applicant shall secure a final
Certificate of Occupancy or Temporary Certificate of Occupancy for the
first ol three deed restricted employee housing units.
B. Prior to requesting a final CO or TGO for any dwelling unit on Building
Fooprints 7, 8, 9 or 10, the applicant shall secure a final CO or TCO for
the second of three deed restricted EHU for the development.
C. Prior to requesting a final GO or TCO for any dwelling unit located on
Building Footprints 11,12, 13, ot 14, the applicant shall secure a final
CO or TCO for the third ol three deed restricted employee housing units.
The Fire Department and Public Works Department have reviewed the proposal and
support the project with the following conditions.
Fire Dspartment
1. The fire access easement on ths southwest corner of the site must be defined
and then recorded at the County Glerk and Recorder prior to DRB approval of
any dwelling unit if a common access on the southwest corn€r of the site is
provided. The easement must be posted in field with "No Parking' signs. Stafl
wlll allow the slte plan revlewed by the PEC on February 28, 1994 or the
site plan revised on April 11, 1994 to be oonstructed.
2. All driveway surfaces must be "all weather driving surfac€s."
3. Hydrants must be installed according to Town of Vail standards.
Public Works
1. Detailed regrading and landscape plans for the sidewalk and right-oFway area
must be provided prior to a DRB hearing lor any dwelling units. The Town
Engineer is requiring sidevtralks, curb, gutter, storm sew6r, inlets, engineering
drawings and/or grading plans to be provided by the developer.
2. Easements must be dedicated for the sidewalks, drainage, utilities, road side
ditches, streetlights, etc. prior to a DRB hearing for any dwelling unit.
D. Does the rezoninq comolv with the Vail Land Use Plan?
Staff has listed the relevant goals and objectives from the Land Use Plan below:
1.1 Vail should continue to grow in a controlled environment, maintaining a balance
between residential, commercial and recreational uses to ssrve both the visitor
and the permanent resident.
11
1.2 The quality of the environment including air, water and other natural resources
should be protected as the Town grows.
'1.12 Vail should accommodate most ol the additional growtr in existing developed
areas (inlill areas).
5.1 Additional residential growth should continue to occur primarily in existing,
platted areas and as appropriate in new areas where high hazards do not exist.
5.5 The sxisting employe€ housing base should be preserved and upgraded.
Additional employee housing needs should be accommodated at varied sites
throughout the community.
The Land Use Plan designates this site as Medium Density Residential. Under this
designation, the dwelling units allowed on this site range lrom 7 to 33. Based on the
MDR designation, staff believes some increase in units by rezoning is reasonable.
The goals and objectives in the Land Use Plan describe development generally like the
one being proposed. Goals 1.12 and 5.1 callfor infilldwelopment that is not located
in hazards. This plan complies with these goals. Also, the Land Use Plan calls for
additional employee housing, which will be included in this proposal. Stafl believes the
three employee housing units proposed are positive.
vil. MrNoR suBDtvtstot{ cRtTERtA
The Subdivision Regulatlorc in the zoning ordlnance sstablash mlnlmum standards for
the creatlon or modlficataon of lots. The Subrllvision Regulations allow for the dlvision
of existlng lols wlth the creation of new lots lrom prevlously unplatted propertl€. The
zoning ordinance €tablishss the requlremsnF tor lot dimension, lot 3ize and road
trontage. These zoning 3tandards have been met by the Pedotto proposal. The zoning
code requires a mlnlmum lot size of 10,000 square feet ot buildable area. The proposed
lot size is 102,788 square feet of buildable area. The minimum lrontage required ls 30
linear feet on a publlc right-of-way. The proposed trontage is approxlmately 1,000
linear feet. There is also a rsguirement that the lot be able to enclose a shape 80 feet
by 80 feet wlthln lts boundari€. This standard has a|so been tulfllled.
In addation to the speclfic stendards llsted in ths Zonlng Code, the Subdlvision
Regulations have purpose statemonts whlch are also crlteria to rsview subdlvision
proposals. The purposs statemenui ot the generel provisions in the subdavislon
Regulations (Sectlon 17.04.010(A and B)) are provlded below:
'17.04.010 - Purpose.
A. The Subdivislon Regulatlons contalned in this tltle have bsen
preparsd and enacted an acrordance wlth Title 31, Artlcle 23, Parl
of C.R.S., 1973. For the purpose of promoting the health, safety
and welfare of the present and tuturs InhabltanF of tho Town of
Vall, Colorado.
12
B. To these snds, the regulataons are intended to protect the
environment to ensure efficisnt circulation, adeguate
lmprovements, sufficient open spaog, and in general, to assist the
orderly, efficient and integrated development of the Town. These
regulations also provide for the proper arrangemsnt of streets and
ensure proper.distrlbution of populatlon. The regulations also
coordinate the need for public services with governmental
lmprovement prognms. The standards for design and
construction of improvementlr are hereby settorth to ensure
adequate and convenignt tratfic circulation, utilities, emergency
acoelxr, dralnage, recreation, and light and air. Also intended is the
improvement of land records and surveys, plans and plats, and to
safeguard the interesF of the public and subdivider and provide
common protection for the purchasers; and to regulate other
matters and the Town Plannang and Environmental Gommisslon
and Town Council may deem necsssary in order to protect the best
intsrssts of the public."
The proposed plat will be taking a currontly unplattEd parcel and croating lt as Lot 1,
Innsbrook Meadows. Statf believes that the change from an unplatted parcEl to a
platted lot will not negatively impact the crlteria listed above. As part of the
subdivision approval, the design and construction of improvsmsnts in the publlc dght-
of-way will be revlewed by the Town Enganeor. The developer wlll be fully responslble
for providing a public sidewalk and draanage tacilities adlacent to this parcel. Staff
believss that these reouirementlr fulfill the standards listed above.
The Subtlivision Regulations ars turthsr intendsd to serye the tollowing specitic
purpolrss (17.040.010 (G)):
"1. To inform oach subdivider of the standards and critoria by which
development and proposals will be evaluated and to provide
lnformation as to the type and extent ot improvements required."
The developer ls fully aware of the requirsments of the subdivlsion.
"2. To provide tor the subdivision ot property in the future without contlict
with development on adlacent land."
Staff has evaluated the proposed rezonlng and subdivision proposal relatlve to the
surrounding propertles. As previously discussed in this memo, the developments to
the north of the site all exceed the proposed densltles. Furthermore, staff has worked
closely wlth ths developer, the Fire Department, and the Public Works Dspartment on
the proposed slte plan. The site plan wlll be recorded at the Eagle County Clerk and
Recorder's Office as an exhibit to the Innsbrook Meadows plat. The site plan has been
carefully deslgnsd to minimize contlicts with developments on adlaoent land, to
presenre the environmentally sensitive area In the center of the site, and to ensure that
all future development will be in compliance rvith Town standards.
13
"3. To protect and conserve the value of land throughout the municipality and
ths value of buildings and amprovements on that land."
Stafi believqs that luturs deyelopmsnt In aocordanoE with the proposed slte plan and
plat, will not adversely affect the value of bulldlngs and improvemenF In the
surroundlng area.
"4. To ensure that subdivbion of properties is in compliance wlth the Town's
zonlng ordlnance, to achleve a harmonious, convgnlent, workable
relationship among land uses, conslstsnt with munlclpal development
oblectives."
As discussed prevlously in this memo, the proposed rezoning and dewlopmont on the
replatted lot wlll be In conformancs wlth the propoged zone dlstrlct of Low Density
llultFFamily (LDllD.
"5. To gulde public and prlvate pollcy and action In ordor to provlde
adeguate 8nd efficient transportation, watsr, sewagg, Schools,
parks, playgrounds, rscreatlonal and other publlc requlremenls and
faclliti€ and generally to provide that public facilities will have
sufflclent capaclty to serve the proposed subdlvlslon."
Stafi bolieves that the revlew by the Publlc Works Departmont has ldentfled all issues
such as transportatlon, water, sewage, etc. and that the exisung infr$tructure wlll be
able accommodate the new developmenl Ths developer will be responslble for
providing drainago improvements and sldewalk improvemenF on thg perlmeter ol this
sits. These wlll tle In wlth existing improvements In the area and wlll be conslstent with
the work the Town has done in tho lntermountaln noighborhood In tho recent past.
"6. To provide for accurate lsgal descrlptlons of newly subdlvlded land
and to sstablish reasonabls and deslrablo construcdon deslgn
standards and procedures."
The appllcant wll! be requestlng Slngle Famlly Subdlvision revlew for each unlt as it is
constructed. once the foundstion has been pourDd, the appllcant wlll be able to submlt
a Sangle Famlly Subdlvlsion application tor that site. Staff believes that uslng the
Single Family Subdivision prooess, the land wlll be turther subdlvided In conformance
wlth the Town standards.
"7. To prgvgnt the pollution ol alr, streams, ponds, and to assure
adequacy of dralnage tacllltl$, lo seteguard the water table and to
encourage the wise uss and managenrent of natuEl resouross
throughout ths municipallry In order to pr$enrs the lntegrlty,
stablllty, and beauty ot the communlty and the value of the land."
Staff believes that the envlronmental assessment done for the central wedand area of
the site adequately discusses the i$eu3s assoclated with that area. The wetland area
has besn dellneated and a buffer arsa has been added to further protect the green
14
:
space. A condition of approval of the rezoning is that the consultant who provided the
envlronmental assessmsnt rsturn to the slts In spring or summer to verlty has
Btirnates. Staff understands that during winter months, accurate wetland delineations
cannot be done. lf there is any change to his original estimates, the applicant will have
to return to the PEC wlth the slte plan modlflcations. The verification must be done
prior to any issuance of a building permit tor thas property.
VIII. STAFFRECOMMENDATION
Staff recommends approval of the proposed,rezoning and minor subdivision. The minor
subdivision approval will be contingent on approval of the rezoning. We beliwE the proposed
LDMF zoning is consistent with the rezoning criteria and suMivision criteria and will be
compatible with the sunounding properties. Specifically, staff believes that the requested. zoning is suitable for the site given that it will be integrated into the neighborhood per the
design of the site plan. We bslive that the request provides for workable relationships with
surrounding land uses and is consistent with municipal objectives. Specifically, it is consistenl
with five different goals as well as the MDR land use designation of the Town's Land Use
Plan. Finally, stafl believes that the plat restrictions will insure that the development will
contribute the viability ol the community. The proposed subdivision meets all of the platting
requiremenb of the Zoning Gode as well as the purpose section of the subdivision section.
Therefore staff recommends approval with the conditions that:
(Please note that the conditions shown below in bold reflect the changps per the
Planning and Environmental Gommisslon.)
1. The developer shall submit the subdivision plat, site ptan, and recording fees to
the Town prior to issuance of any building permit lor a structure on this
property. The plat and site plan shall include the plat restrictions listed below
and all future development shall conform to thsse.
" fllfJ":yflT"'Hlfl;g;Tlit"Hf* risred b€row and sha, com'v with rhe buikrns
*i,:"#ir;#ffili5JH,':5::l"li:y,n"":T*",iftilillff ;,inff"ilx ano prror
lo any 3ub.equent bulldlng poflnn appllcEliorra, th€ applicanl must provid€ suwey intormalion
veritying lhe localion ol pr6viou6ly buill slructuiros lo show lhal the 15 tool s€paralion requirom€nl
shall be m€l gly.n lhc con tuctlon ol lhe plopo.ed unl(.).
c. The heighl limilalion for the developm€nt m lhis paroel shall bo lowered lrorn lh€ 38 fe€t allorved by
LDMF zoning to 33 lesl.
d. Al diveways to b€ conslrucled on lhis site shell nol exc€ed 8% sbpe.
e. GRFA, sito coverage and height shall b€ allocat€d tor the slructurss as lollows:
15
a
Bulldlng
Enf,lop. t Du.lllng t nh3 Crrdll GRFA
rdd cnFAAtd Slt CoY.' go l{.lght
1 2 ,150 3q. tt.2,m0 sq. ft.2530 3q. tt.1,E00 sq. ft.33it.
2 1 225 6q. ft.| ,425 sq. n.t,650 sq. lt.|,,rco aq. tt.33 ft.
3 '|225 rq. ft.| ,,t25 sq. fi.t ,650 !q. ft.1,400 !q. tl.33 ft.
1 1 2,q4-n-1,425 sq. tl.1,650 8q. tr-t,a00 sq. lt.3tr.
5 2 ,150 sq. tl.| ,680 8q. t.2,.|30 sg. n.1,6E3 sq. ft.Glfr.
o t 225 sq. h.| ,.125 sq. fi.I S50 sq. ft.l,/O0 sq. tt.3!| fr.
7 I 225q.n.1 ,,025 sq. tl.|,650 q. ft.|,400 39. ft.3i, tt.
8 2 450 8q. tl.|,680 sq. n.2,130 !q. n.| ,68{t {. ft.$n.
I 1 4.11.|,,125 tq. ft.| ,650 8q. fi.|,400 rq. tt.cl fi.
t0 1 225 8q. tt.1,,125 sq. fi.|,650 sq, tl.|,,000 !q. n.slft.
11 2 450 8q. n.1 ,680 sq. ft.2,130 sq. tt.| ,6E3 sq. ft.g| h.
12 1 225 sq. ft.I,1125 sq. ft.|,650 !q. li.|,,rO0 sq. tt.33 lr.
13 '|q.n tJ25 sq. tt.|,650 !q. tl.|,lo0 sq. tt.3{t fi.
t4 2 450 8q. n.1,6tr 8q. fl.2,130 sq. tl.| ,683 sq. lt.c! fi.
L tlo t€nc€s shdl bc dloffid on thit propcdy.
9. Ph8dng - The |Pplic.||l $all Fovido tho erndoFo housing units mrding b t|o phsss $own bslow.
i. Prior lo lho issuancs ot a finC CO or TCO to. any ol fio irn dx slrucluro3 conrtrudgd in Innsbrook
i,ledow8, lhe applklerf shall ssojre a final Cor ficde of OcqJpancy or Tempolary Cenincals of
OccupgrFt for the lir$ of lhrge da€d r€strictad employee t|oudng uniF.
ii. Ptioa to r€qu€8ting . find CO or TCO for eny ollho swnfi rkough temh structuros conslrudad in
Innsbool llee.tows. lhe rpdb.d Cdl sacure . firC CO or T@ lor the aqcond ot thr$ &ed
rDdrided EHU lor lhe del/eloofli€nr.
iii. Priot lo r€ql€ding a final CO or TCO tor any of the dewr h thro.rgh forrtoorfi nructw€s construclod
in Inrubrook Meedows, lho rpplicanl shell !€cu'3 a linel CO or TCO br tha lhird of lhre€ &od
r€niicled employea houaing unit8.
2. The developer shall have the Environmental Assessment updated and shall
have any required arnendment to the site plan presented to the PEC for their
review and approval prior to the issuance of any building permit on this
property.
du^lexee and the empleyee heusing snits ehdl be releeated te ether building
feeFinF en this eile, Th+ revised site plan ehdl be review€C and aFpreved by
the PEG pder te any BRB heariflg br any dwelling unit en thie preperty,
4. The driveways serving Building FooFrint #1 shall be modltied to reduce the
length by shftlng the curb cut to the w€t. Tho Town Community
Dsvelopment staff and the Tos'n Englnesr mulrt approve the change prior
to any DRB hearing for any dwelling unit on this property.
16
5.The existing aspens located to the west of the green space area in the center
of the site shall be transplanted or replaced on a 1t1 ratio based on the calipsr
of the existing trees. For example, and eight inch caliper tree would have to be
replaced with two 4 inch caliper trees. Statf believes this is reasonable since
larger trees do not transplant well according to the Town's Landscape Architect.
Staff may approvs up to 10 foot shitts in building footpfint location from
those shown on the plan approved by the Planning and Environmontal
Commission on February 28, 1994 as long as the 15 foot soparatlon
bgtween the units is maintaaned.
The applicant shall provide a minimum garage arsa within each structure
of 480 sguare tsst.
The applicant shall amend the site plan and subdivision plat according to the
Public Works and Fire Department comments listed below. These changes
shall be done prior to any DRB hearing for any dwelling unit on lhis site.
Fire Department
A. The fire access easement on the southwest comer of the site must be
defined and then recorded at the County Clerk and Recorder prior to
DRB approval of any dwelling unit if a common access on the southwest
corner of the site is provided. The easement must be posted in field
with "No Parking" signs. Statl will allow the sate plan reviewed by the
PEC on February 28, 1994 or the slts plan revised on Aprll 1 1 , 1994
to be constructgd.
B. All driveway surfaces must be 'all weather driving surfaces."
C. Hydrants must be installed according to Town of Vail standards.
Public Works
A. Detailed regrading and landscape plans for the sidewalk and right-of-
way area must be provided prior to a DRB hearing for any dwelling
units. The Town Engineer is requiring a hard surface sideilralk, curb,
gutter, storm sewer, inlEts, engineering drawings and/or grading plans to
be provided by he developer.
B. Easements must be dedicated lor the sidewalks, drainage, utilities, road
side ditches, streetlights, etc. prior to a DRB hearing for any dwelling
unit.
Either slte plan, the one reviewed by the PEC on February 28, 1994 ot the
ons revleyued by the PEC on Aprll 11, 1994 may be construsted by ths
applicant.
7.
9.
17
10. Approval ot the minor subdlvlslon shall be contingenl on approval of the
rszonlng.
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I I25 SEVENTEENTH STREET, SUITE I2OO, DENVER, COLORADO 802V2.2077
(303) 294-9100 FAX: (303) 299'7901
January 21,1994
Community Development
Town of Vail
75 S. Frontage Road
Vail, CO 81657
Attn: Mr. Andrcw Knutdsen
Re: Wetland Analysis - Pedotto Property
West Vail
Dear Mr. Knudtsen:
FtJe: V)4,/'2-050
The above-rcferenced prcperty was inspected on January 19, 1994, to determine whether
wetlands occur on the site. This inqpection was conducted with Greg Amsden of Christopher
Denton Real Estate and Russell Forest, Town of Vail staff.
This analysis must be considered preliminary because of snow, which covered most understory
vegetation. Thercfore, shnrbs and trees werc used to indicate potential wetland areas, along with
site hydrology along a sueam.
The results of the field inqpection are provided in the anached lener re,port.
Please contact me at l-299-7836 if you have questions on the information provided herein.
cc: Greg Amsden
LRHloco
p:Wdnpcdoaounot
Sincerel
Enclosure
OFnCES VORLDIVIDE
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Plate l. Willow-dominated stream that flows southeast to
northwest across the property. Area of property on the left
side of photo is non-forested.
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Plate 2. A small seep may be indicated by the presence of
corv parsnip and corv bain (center background).
. CHEilEY
I
o llon Jan '10:{9 PAGE Z/Z
TO: Grca Arnadon
AndT Knudtscn
FROM: Kay Chcncy
225{ Eaaingdalc Blvd.lt76_{ 9 35
f rnay not bc ablc to attcnd thc ncighborhood mecting thiscvening, co.I nantcd to convoy nry fialrngs on the proposeddcvclopmcnt on thc pcdotto pi-'"p"ityl--'
I_h::?_!. say. that r don,t undergrand thc oppooition uhich13 berng rnountod to thc dcvcroprncnt, rincc li-r".r"-'t"' i""to convcy_a yer? residcnrial fl:li"i, "iri.rr-i"-;; iiili"rrnost pcoplc in rntc:mountain aro no6ing to frJve,--irruifJr-"'as it is. possibtc "itt tt.-.""a;ri;I,*-p;;i".iJ'.irJJii'i,the ncighborhood.
I,chink. it is a good idca to.build singlc farnjly homes,since.that ir what farnilics in vii:.-r"rit nou that rre arsconins of, asc. rhc faniiie"-lr,it-fr."J"iii,Ji ;;;; i;";'"enough.havc aroun frorl- rcnting op"it i"tr, to cw:tinggglfSniniuns, .then d.uptcxca "ia-iilir"l"ri "i"gi.-iimiryhom:s. . Regardlecc of rrhethcr or not that-is t6c best,-u-seof our lirnitcc 6pac6, thar ii "t"[-i.Jpr" ,.rrt.
Buildirig tlc homcs for-salc, rather than rsntal, also addsto thc rosidcntial guality it tLi-pr"j""t.
I thiak.tho rcvised eitc plan appears to bo an inprovementacsthcticalty on thc orieinal ;Ii;-;i.;.
As I nintioncd at the work session in Deconber, my onlyconccrn would bc that a. rezoning t" i*, a."siiv "ifii.],r.riry,so that tho naturc ?! !i: a.""r6poo"r-;dia-;;i i;;-;;.;il;-oncc the increascd dcnsity was alproved.
Iil_:"tt, thar f rnight nor bc abto to attcnd the rnecting,:1":9 "" oftcn only nogative voicet arc hcard .c tt"""--.'neetings. If I can gct away fron my-oih"r .ppoirrtr"rrtcarly cnough, f will bc theie-
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225 Wall Street Vait, Colorado 81657
Dcccmber 20,7999
The Citv of Vail.j. .1__Plannin! Depa?tmentj
Vait. Colorade i
s
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iick Ro'ad Zoninl
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I a : ':
':;ilriill
:ITli:t-t9:Irrece+t discussions,'I *'ish'to ftrrmally outline rhy objeaions regarding rhe
Pedotto. Parcel dcvelQpnen[ plans;'as cu nenrly picsentid.
impact.:
I
;,'i"i.! .r'-i i''lto incfe3se in- density on the progirtl', couplcd with thc. signifiiant atnount of hard surfcce
llif.llllt.:.,tlt in air increirsed-run-off. A p;eliminary iivcstigarion reveals a Brear dcrl0t tnls run'off:has poienlial:lo channel itself into the adjrcenl parcel ut thc cxiiti6g Vail$wim and Tennis Cltrb cntiance. liis increasid nrn.off wi[l'not only cruse proilun s
._f:9qil.q witli rhe entranc:; but it wiil have . neg.tite ilp..i.""ii,. iire dda,ra!;;; 11cstnrctures imraediately idjagcnt to Kjnriclinnick Road.':.:
T.1::.,"_".1!ol.:Tl *iricl vic havc:regarrling. rhe. increascd dersiry aud the proposcd pran,
Iclatcs to the d.rchitectural design rvhich is bcing proposed. Wc highly rccouirnend rhai rhe'
::l'"].oq"t solten tle yery hapd lines of his prcrject,through rhe ulilization r:f per!rucrcr eanh
Denilng, anO a genefous installation of Conifers and cleciduor;s trees to sdften rhe visuol
suittTisTOfRCE
ei0 TRA\15 Sr.
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ld.t utrAtltal.qnlfur
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I ndsh to adrise yod that I am not in objection to rhe
Howevcr, in the bestiirtereit of rhb irnngi ol rjctclopnr'ent.i
ite rns ne.e.d to .be adrlras.rcd,$ the.developer.
developer's proposed projcct.
in ihe torvn of Vail, the abovc
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o-o'-,Charlcs Ovcry
2833 Kinnickinnick #3
Vail, Colorado 81657
A$) 479'9133 i f,L-''L\ tr,f"'\T r
Sun, Dec 19, 1993
To ThE Planning and EnvironmentalCommission, Town of Vail,,l[ n*P
I must lodge, in the slrongest possibte terms. my protest to your convening a plannin! 1[:tf
and zoning worksession regarding the rezoning of the "pedotto parcel" in
Intermountain during what is certainly one of the yailey's most busy periods.
I received your notice for an initial meeting on the 13th of December and was able to' '-- lake time to altend. I spent one and.one half hours waiting for the "request for
worksession' on. the 2850 Kinnickinnick parcel lo come on to the agenda. After the
first item of lhe agenda had not been finished, it was evident that the meeting was
going 1o progress slowfy. I had not planned to spending the entire aflernoon at lhe
meeting and had to leave. In addition, I was fruslrated by the fact that I could not find
anyone in the front office of the building who knew what a "request for worksession,
was. lf lhe request was a minor procedural matter, might it not, more democratically,
have been disposed olf at the beginning of the meeting? tf "a request for worksession
is a scheduling matter should it not be stated as such. In addition, t have not received
a mailed notice of the meeting on 20th December although l..wBS on your list to receive
a notice about the initial meeting.
I am unable to attend the.meeting on Monday the 20th as I have had prior work
commilments for over 4 monlhs, I am very interested in the proposal as I live at 2g33
Kinnickinnick #3 and my residence looks out across Kinnickinnick road at the properry
in'question.
I am not unfavorably disposed to the development of the Pedotto parcel as I believe
lhat suilable development of a signilicant podion of this land will improve the
fntermountian neighborhood. Furthermore, I am very encouraged by the open
discourse that your department nurtures regarding all of Vail's planning questions. I
do not feelthat I have adequate information regarding this.devetopment and, at this
lime, I am opposed to the plan as outlined in your memorandum of Dec. 13. I feel lhat
the timing oI your worksession on this property is most inappropriate. The
neighborhood in question is certainly a "working" neighborhood and most residents
willbe very inconvenienced by this meeting if, indeed, they are able to attend at all.. Should there be any question that lhe submittal or scheduling of this worksession has,
in any way been alfected by lhe above concerns lwill fulty pursue my legal
alternatives. In addition, I will become vociferous and obstreperpus in my opposition
lo the applicants proposal.
i
oMAndy Knudtsen, Kristan Pritz
Town Of Vail Community Development Dept
75 South Frontage Roed
Veil, CO. 81657
Re: SW Corner of Innsbruck Meadows Site
arch 28, 1994
Deer Andy and Kristan:
This letter is verify the developer's (and Mrs. Pedotto's) position conceming the
southwest comer of the proposed Innsbruck Meadows site as it relates to two
neighboring property owners, Bill Howie and Gary RodrigudWest Ridge
Condominiums).
As you are arvane via documentation presented(faxed) to Andy Knudtsen on March
10, 1994, the above mentioned property owners were offered a vety generous
proposal to solve the non-conforming parHng and access problem that currently
exists on their property. This proposal contained a specific response date to which
ncither owner accepted. Their failurc to respond caused the Innsbruck Meadows
project to be delayed a minimum of €{gyg and caused the developer to resubmit
the entire project to the PEC. In material costs along this detay correlates to a
financiel loss of approximately S!$QQ!QQ!! Interest retes have incressed
approximately lt2o/o in the past thirty days. The availability of subcontractors
dwindles daily in our current constmction market The developer and Mnr. Pedotto
heve been severdy burdened by this delay.
Our present position is to acc€sl all homes in thc proposed development frum ttc
Kinnikinnick(north) sidc of the InnsbruckMerdows site. As o gesturc of goodwill,
we are wilting to accommodate the above mentioned property owners by not
constructing any homes in the southwcst corner of the site. when the need arises,
those adjacent ownen can take the initiativc to negotiate a mutually acceptable
access easement with the devdoper or Innsbruck Meadows homcowners associrtion.
We are 4! contemplating or considering chrnging back to the originat proposal
Thusn the application is as currently presented in the affached site plan.
Mike McGce reviewed the enclosed site plan with Benji Amsden and favored this
plan over the previously approved plan. The common access drive in the southwest
comer, although acceptable, created a concern from the fire department over lcngth
to unit l#4 and ttc Eowie structure. The enclosed site plan has received vcrbal
approvel from Mr. McGee.
I hope this letter will give the planning steff direction in drafting their
recommendetions to both the PEC and Town Council. rf you have any additional
questions, donrt hesitete to contect me at 47G7990 or 47G8610 eveninp.
,,' .IaaDo{tTo Ag$AcehrS
vAtL, co 81657 vArL, co 81657
PETER & SUZANNE APOSTOL MICHAEL D. KROHN JOYCE & CLINTON DENNIS
2771 KINNICKINNICK RD, G6 P.O. BOX 1517 3816 WENIG ROAD NE
vAlL, co 81657 VAIL, CO 81658 oEDAR RAPIDS, lA 52402
CATHERINE ANN HOLONITCH CHARLES W.H. OVERY MICHELE THRAPP/BEVERLY
2833 KINNICKINNICK. #2 2833 KINNICKINNICK RD, #3 ANN VIKLUND
vAlL, co 81657 VAIL, CO 81657 2823 KINNICKINNICK RD, #4
vArL. co 81658
SCOTT, SUE, GERALD AND ELEANOR & HELEN FINLAY GEORGENE B. PRISCILLA
LAURIE FRITZLER P.O. BOX 3032 P.O. BOX 461
2823 K|NNTCKINNICK, #5 VAIL, CO 81658 VAIL, CO 81658
vAtL, co 81657
STEVEN MACDONALD DEAN KBAFT WILLIAM JEFFREY HUNTER
P.O.BOX2824 2783 KINNICKINNICK RD, #1 402E. WASHINGTON ST.
vArL, co 81658 VAIL, CO 81657 APPLETON, Wl 54911-5417
o)ae)o+ crotdcLc-r-rjs SLrf crf dl\
MARY PECIVSCOTT PETERS THE VAIL FUND
2773 KINNICKINNICK RD. D5 288 BRIDGE ST.
RICHARD & ANNA DEMARCO DANIEL K. GRAVES
2701W.84TH AVE., #205 P.O. BOX 2011
WESTM|NSTER, CO 80030 VAIL, CO 81658
BILL & DONNA CAYNOSKI
P.O. BOX 3116
vArL. co 81658
W. VINCENT/F. ISABELL JOLLIFF
2783 KINNICKINNICK ROAD
vArL. co 81657
GLORIA MEISTER RICHARD & EILEEN DUKE KEVIN J. MULVEY
86 EAST SHORE AVE P.O. BOX 485 215 MILLINGTON RD
GROTON LONG PT, CT 06340 VAIL, CO 81658 PEEKSILL, NY 10566
MARILYN DOUGHERTY T. CHARLES & M. OGILBYLEO & LAURA MARX
730 MARION
DENVER, CO 80218
JOHN CONLEY
P.O. BOX 481951
DENVER, CO 80248
255 MOHAWK DRIVE
BOULDER, CO 80303
TIMBERCREEK A-4 LTD.
P.O. BOX 181467
DALLAS, TX 75218
2938 S. FRONTAGE ROAD WEST
vArL, co 81657
LOIS WHATMORE
4126 GLENMOOR DRIVE
CANTON, OH 44718
TIMBER CREEK LODGE CA PETER & VICTORIA GLADKIN ANDREA FOSTER
P.O. BOX 3478 105 LEE DRIVE 537 69TH STREET
VAIL, CO 81658 CONCORD, MA 01742 HOLMES BEACH, FL 33510
E. BJARNE BLUME TRUST A. & M. CONNOLLY JAMES & SUSAN MAURER
P.O, BOX 405 2174E. BRIARHURST 9060 OLD SOUTHWICK PASS
CHEYENNE. WY 82003 HIGHLAND RANCH, CO 80126 ALPHARETTA, GA 30202
DAVID LAIKIN MARIE C. SCHROEDER MARK & CAROL WHYTE
626 TOWNCENTER DRIVE 2821 BASSINGDALE LANE, #2 2821 BASSINGDALE BLVD, #3
JOPPATOWN, MD 21085 VAIL, CO 81657 VAIL, CO 81657
ROSS DAVIS RESOLUTION TRUST CORP, ROBERT & ROSALINE JONICK
P.O. BOX 190 % COLONIAL SAVINGS & LOAN 2422 KOMO MAI DRIVE
vAlL, co 81658 P.O. BOX 2988 PEABL Clry, Hl 96782
FORT WORTH, TX 76113
PAMELA & MAX SCHNELL
P.O. BOX 1424
AVON, CO 81620
WONNE & KEVIN CALABRESE
2531 KINNICKINNICK RD. 41
vArL. co 81657
JANE SHAPIRO
P.O. BOX 782
vAtL. co 81658
GREGORY LYNN SHARP
13714 FOXMOOR DRIVE
HOUSTON, TX 77069
RICHARD & LORRAINE BENSON
2771 KTNNtCKtNNICK, #E2
vAtL, co 81657
PETER CUSH ING/ANNEGRET
KESSL HOWE
2821 KINNtCKtNNtCK, C-3
vAtL, co 81657
CONNIE ARCHBOLD
P.O. BOX 2871
vAtL, co 81658
PETER & PATRICIA FRANKE
2712 KINNICKINNICK COURT
vAtL. co 81657
K.E, ANDY/KIMBERLY
ANDERSON
6733 E. STROH ROAD
PARKER. CO 80134
C. HOWE/D. CARLSON
P.O. BOX 2618
vAtL. co 81658
WILLIAM & MAUREEN MASLER
2843 KINNICKINNICK RD., 81
vArL, co 81657
JAMES R. TOUT, D.G. BRADLEY
53 WIDDICOMBE HILL BLVD,206
WESTON, ONTARIO
CANADA. M9R193
C. & C. BERNHARDT
P.O. BOX 2012
vAtL, co 81658
J, & M. HOLROYD/ P. RODGERS
20210 N.57TH WAY
HOLLYWOOD, FL 33021
SHARON L. HECKMAN
2883 KINNICKINNICK RD, D3
vAtL, co 81657-4118
EDWARD WALKER
4675 S. YOSEMITE
DENVER, CO 80237
ATROPOS HOUSING CORP.
725 sTH AVENUE
NEWYORK. NY 10022
JOSEPH & CATHERINE CHENEY
P.O. BOX 1094
vAtL, co 81658
J. ROSSMAN/1. EASTOM
2773 KINNICKINNICK,4D
vAtL, co 81657
ELLYN MARIE COURTOIS
2821 KTNNICKTNNICK RD, C-1
AVON. CO 81620
NOEL R. HARRIS
P.O. BOX 1192
vAtL. co 81
CHARLES & BEATRICE DEBUS
P.O. BOX 4676
vAtL, GO 81658-4676
WALTER ALLEN KNOX
DRAWER 6200
vAtL. co 81658
J. & J, HARRISON
P.O. BOX 3513
vArL, co 81658
JAMES & PATRICIA KEPHART
2843 KINNICKINNICK RD, 84
vAlL, co 81657-4125
S. MAYNE/P. ROCHE
2744 BASSINGDALE
vAtL, co 81657
KIT WILLIAMS
605 N. FRONTAGE ROAD
vArL, co 81657
TIMBER CREEK CONDO ASSOC. ANN HOWIE G. RODRIGUE/R. ALBRIGHT
P.O. BOX 3478 3600 HOLMES 1261 oCEAN FRONT, #C
VAIL, CO 81658 KANSAS CITY, MO 64109 LAGUNA BEACH, CA 92651
PATRICK M. MCCRANN JOHN & JOHN FITZGERALD ANGELA JO, JOE & LARUE
199 EUDORA STREET 4 PENROSE BLVD. SUMREI
DENVER, CO 80220-6313 COLORADO SPRINGS, CO 3636 LAKE SHORE DRIVE
80906 HOPE MILLS' NC 28348
ROBERT, LEONARD, TERRELL KEVIN & JOHN KRIEG HENRY & EMMA
AND D. BLODGETT 2743 KINNICKINNICK, A6 MAY PALACE RESTAURANT
4852 S. CARSON STREET VAIL, CO 81657 223 EAST GORE CHEEK
AUROBA, CO 80015 vAlL, co 81657
SARA NEWSAM ROBERT & GLORIA KENDALL LORIJEAN ZIEGLER
P.O. BOX 753 288 BRIDGE STREET P.O. BOX 3173
vAtL, co 81658 vAlL, co 81657 vAlL, co 81658
RICHARD GOLLUB LEE & MELODEE CURTES CAMELOT THASSOC.
2753 KINNICKINNICK ROAD, 85 5899 SHANNON RD % MIKE CHAPMAN
vAlL, co 81657-4148 HARTFORD, Wl 53027 P.O. BOX 2121
vAlL, co 81658-2121
MERV LAPIN RODNEY GRUBB PANORAMIC HOLDINGS' INC.
232W. MEADOW DR. 10 FAIRWAY DR. 2801 BASSINGDALE BLVD'' #2
VAIL, CO 81657 NORTHFIELD, MN 55057 VAIL, CO 81657
MICHAEL O'MEARA JAMES NOWAK/JAMIE TURNER ELIZABETH STENHOUSE
P.O. BOX 3801 P.O. BOX 982 470 VILLAGE PLACE, #216
vAlL, co 81658 vAlL, co 81658 LONGWOOD,FL 32779
DEVON KING BILLINGS
P.O. BOX 2646
vArL, co 81658
JEANNE RANELL NELSON
P.O. SAX2121
vArL, co 81658
Charles Overy Scott Fritzler Gregory A' Meister
2833 Kinnickinnick Road, #! 2823 Kinnickinnick Road, #5 P.O. Box 322
Vail, CO 81657 Vail, CO 81657 Vail, GO 81658
Richard Duke Carrie Howe-Cadson Elizabeth Crawford
2923 Kinnickinnick Road, #7 2501 Bassingdale, #6 2801 Bassingdale, #6
Vail, CO 81657 Vail, CO 81657 Vail' CO 81657
Lonaine Denson Dean Marsh
2771 Kinnickinnick Road, #E-2 28€ Kinnickinnick Road, #b-1
Vail, CO 81657 Vail, CO 81657
THIS ITEM MAY EFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the Town of
Vailwill hold a public hearing in accordance with Section 18.66.060 of the MunicipalCode of
the Town of Vail on April 11, 1994, at 2:00 P.M. in the Town ol Vail Municipal Building. In
consideration of:
1. A request for preliminary plat approval of a major subdivision flrappers Run) on Lots
16, 19 and 21, Section 14, Township 5 South, Range 81 West, generally located north
of 1-70 and west of the Vail Ridge Subdivision.
2. A request for a minor subdivision and variances for setbacks and minimum lot size for
two Primary/Secondary lots located at 2682 and 2692 Cortina Lane/Lots 9 and 10,
Block B, Vail Ridge Subdivision.
Applicant:
Planner:
Applicant:
Planner:
John Ulbrich, represented by Gateway Development
Jim Curnutte
Hans Wiemann and Helmut Beiss
Andy Knudtsen
^ 3. A request for a minor subdivision and lo rezone a tract from Primary/Secondary
l^- I Residential to Low Density Multi-Family, located at 2850 Kinnickinnick Road/more
X specifically described as follows:Z\
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Applicant: Juanita l. PedottoPlanner: Andy Knudtsen
4. A request for a minor subdivision and a wall height variance to allow for the
construction of an avalanche mitigation wall located al4229 Nugget Lane/Lot 6,
Bighorn Estates.
Applicant: Helen DickensonPlanner: Mike Mollica
5. A request for a minor SDD amendment and a minor subdivision to vacate the lot line
between ParcelD andTractC,located at 1320 Morraine Drive/Parcel D, Lionsridge
Filing No. 3, and Tract C, Dauphinais Moseley Subdivision.
Applicant: Pat DauPhinais
Planner: Jim Curnutte
6. A request for a wall height variance and driveway slope variance to allow lor a
driveway to exceed 10.2located aI2445 Garmisch Drive/Lots 10 and 11, Block H, Vail
das Schone 2nd Filing.
Applicant:
Planner:
Steve Sheridan and Adam SzPiech
Andy Knudtsen
7. A request for a minor SDD amendment to allow a modification to the approved access
and landscaping at the Westin Resort located at 1300 Westhaven Drive, more
specifically described as:
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(w..dn Bor.r)
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b.1i6ttn, c..thhl.D LoO.t-, lno.t o. h!.
Applicant: Vail Ancillary Trust, d/b/a The Westin Vail Resort
Planner: Andy Knudtsen
8. A request for a major CCll exterior alteration and setback variance to the Lionshead
Center Building to allow for he expansion of the Vail Associates offices located at 520
Lionshead MalULot 5, Block 1, Vail Lionshead 1st Filing'
Applicanl Vail Associates, Inc.
Planner: Andy Knudtsen