HomeMy WebLinkAboutLODGES AT TIMBER CREEK CONDOS UNPLATTED GENERAL LEGALFrom:
To:
Date:
Subject:
"peter gladkin" <Pglad1 @att.net>
"George Ruther TOV " <G ruthe r@vailgov. com>
O8/O6/2O0710:42AM
Town of Vail : ToimberCreek Lodges/Gore Creek discussion/Community
FILE 00PY
development request.
Attachments: Gore Creek Gold Medal Trout Streamjpg; TCL summer tranquility.jpg; TOV Geo
rge Ruther emaiLdoc
cc:
Hello Mr. Ruther,
"Warren Campbell TOV " <Wcam pbell@vailgov. com>
My name is Peter Gladkin and I am owner of a unit (B10) in Timber Creek
Lodges. You and I spoke Iast summer regarding my concerns that the new
Timber Creek Lodges HOA Board might apply for permits to expand their
individual owner decks in the direction of Gore Creek. Fuffher our concem
as owners was that knowing of our objection - the TCL Board might do this
without fully informing ALL TCL owners of any such permit application, in
the hopes of being able to "sneak it by" as a fate accompli before concerned
owners and other Town of Vail residents could object and otherwise make
their feelings known on this matter.
At that time, you suggested I send a request to the TCL HOA Board notifying
them of their obligation to provide all owners with full and proper notice
of any such application, and that I also send this communication to you for
your files. You said that TOV would keep us informed of any such activity so
as TCL owners we could take appropriate action at the appropriate time.
i hilve sent such a communication to the TCL Board this summer, so far I
have not received the courtesy of any direct reply from the TCL Board, nor
do I expect to at this point. My message to the TCL Board follows below.
This summer I also had a very constructive conversation with Warren Campbell
conceming this matter. He told me 1hat you had mentioned this to him, and
so I am copying him on this message as well as a follow up.
It is my hope to provide TOV with sufficient information so that you have an
understanding of the situation prior to any such permit application.
We concemed TCL owners who object to any such expansion of individual decks
have outlined the basis of our objections, And the details of our
perspective also follows as an FYI to you and Warren so you will be aware of
the situation and our feelings on this matter.
At this point we are not aware of any permit application to TOV from
Timber-Creek Lodges AKA Vail Intermountain Swim and Tennis Club. We are
requesting the following from Town of Vail Community Development.
Please '
1 ) Let us know immediately of any such application to TOV from Timber Creek
Lodges
2) Recognize our view that any such request should not be limited merely to
a "staff approval" and should go thru a full review and notification process
including Design Review Board and Planning Environmental Commission.
3)Consider the basis of our views on this matter -as listed below - and the
need to protect Gore Creek and the environmental greenbelt established as a
condition of the initial project approval by Eagle County.
4)Gore Creek is a Gold Medal Trout Stream and a unique Vail community asset
that once encroached upon destroyed, can never be replaced. And a Gore Creek
without access, might as well not be there.
We attach a photo of the Creek - Iooking west- so you have a better idea of
what we are trying to protect. There are now cabins in the foreground, but
these are well sited away from the Creek and are not at issue.
We thank you for your consideration of our views -as owners - in this
matter, and are very willing to further discuss this with you at any time.
Peter Gladkin- owner Timber Creek Lodges (unit B10) - my cell phone number
is (760)-333-7166
A: Supporting information for Town of Vail in consideration of our position.
George Ruther -Town of Vail,
AugustG, 2007
Cc: Warren Campbell
Good talking with you the other day about our efforts as members of the
Timber-Creek Lodges HOA to protect Gore Creek in West Vail by objecting to
the issuance by TOV of variances and/or a permit allowing the expansion of
various individual owner decks towards the Creek. We believe the resulting
encroachment onto the general common elements and into the Iong established
existing protected greenbelt easement, would result in the creation of a
permanent nuisance directly on the southem bank of Gore Creek, and be
materially detrimental to the Iong term viability of the Gore Creek
watershed which is a unique Vail community asset and is a designated Gold
Medal Trout Stream
The General Situation: (Please see attached photo) = Iooking west from
easternmost boundary.
A)TimberCreek Lodges AKA Vail Intermountain Swim and Tennis Club owns
roughly
1 2O0 +l- feet on either side of Gore Creek. This has been successfully
protected since
approva; of original TCL project by Eagle County and subsequently by
TOV.
B)The area is in west Vail, begins at westemmost Kinnickinnick Bridge and
runs east.
C)There's a Iong standing permanent conservation restriction in the
Declarations - ref A-10 below) that establishes a 'greenbelt easement" along
the Creek, Iimits any and all development within the greenbelt, and
restricts the greenbelt to pedestrian use for "fly fishing" - It was on
this basis -and others - that Eagle County originally approved construction
of the TCL development -and TOV subsequently annexed the TCL development.
We view this restriction as permanent in nature.
D) There is no "pressing need" supporting the expansion of these individual
decks. Merely a desire on the part of some owners - most of whom are now on
the TCL Board of Directors - to get closer to the Creek and have much Iarger
decks. (Interfering thereby with the pedestrian and fly fishing use of the
Creek)
E)TCL is a tiny HOA - with only 10 members. - 5 of whom have now gotten on
an improperly expanded Board to vote on expansion of their own individual
decks.
TOV - community Development
We are providing you with notice of our objection to a pending permit
request from TimberCreek Lodges HOA - AKA Vail Inter-Mountain Swim and
Tennis Club- in which the H0A is requesting TOV variances in order to
expand individual owner decks in the direction of Gore Creek, and towards
Kinnickinnick Rd, and towards the small water shed Iocated between the A&B
units and feeding directly into Gore Creek.
We encourage TOV to tum down any TCL request for deck expansion for the
following reasons.
IT WOULD BE:
1 )In violation of TOV ordinance Iimiting development within 50 feet of the
centerline of the Creek
2)In violation of the permanent "greenbelf conservation restriction in the
HOA Declarations which limit the use of the areas adjacent to Gore Creek to
pedestrian use for fly fishing. '
3)Detrimental to the Iong term viability of Gore Creek which is a designated
Gold Medal Trout stream and a unique TOV community resource. - reference
"future Vail project": People fish here all the time.
4)In violation of the HOA Goveming documents and any such expansion would
=reate a permanent nuisance by expanding a Limited Element (decks) for
exclusive use by an individual owner onto the general common elements which
are owned and used by all owners. - TOV should not be complicit in - by
providing its approval to - the creation of any such nuisance.
S)Encroach upon identified & well documented TOV 'setback requirements"
previously established.
G)Inconsistent with previous TOV actions protecting Gore Creek from
encroachment (Dec 2005)
7)It is "environmentally inadvisable" as it would result in more detritus
getting into Gore Creek
S)There is no "compelling reason' of any kind supporting any expansion of
these perfectly good decks which have been in place, satisfactory, and used
by various owners for over 30 years now.
9)There is no "compelling reason' of any kind supporting TOV 'grantng a
variance to these owners.
10)We have no objection to a repair or replacement of the existing decks, so
Iong as it is a 'Iike for Iike" repair or replacement and the decks are not
enlarged or otherwise modified.
Therefore we are objecting to any such request by the TCL Board of Directors
regarding deck expansion and we urge TOV refuse to grant any requested
variances, approvals, prohibit expansion and generally reject the permit
application.
SHORT SUMMARY OF PERTINENT TCL DECLARATIONS FOR YOUR CONVENIENCE.
(08/06/2007) George Ruther - Town of Vail : ToimberCreek Lodges/Gore Creek discussion/Community development reqtBage 5
A) Condominium Declaration for Vail Inter-Mountain Swim and Tennis Club
Condominiums (Now known as Timber- Creek Lodges) WHEREAS: Declarant does
hereby establish a plan for the ownership of separate fee simple estates
consisting of the area of space contained in each of the units in the
building improvement, and the co-ownership by the individual and separate
owners thereof, as tenants in common, of certain of the remaining real and
personal property hereinafter defined and referred to as the general common
elements, and the ownership by an association of such owners of certain
other real and personal property, hereinafter defined and referred to as the
project common elements.
Now THEREFORE, Declarant does hereby publish and declare that the following
terms, covenants, easements, restrictions; uses, Iimitations and obligations
shall be deemed to run with the Iand, shall be a burden, and a benefit to
Declarant, their successors and assigns and any person acquiring or owning
an interest in the real property and improvements, their successors,
grantees, heirs, executors, administrators, devisees, and assigns.
2. Condominium Map In interpreting the Map the existing physical
boundaries of each unit as constructed shall be conclusively presumed to be
its boundaries.
3. Division of Property Into Condominium Units. The real property
and irnprovements to be
following fee simple estates:
constructed are hereby divided into the
a)...Each
such estate, shall consist of the separately designated apartment units, the
undivided percentage interest in and to the general common elements
appurtenant to each unit, and the Iimited common elements, if any
appurtenant to each unit, as is set forth therein.
8. Nonpartitionability of General Common Elements. The general common
elements shall be owned in common by all of the owners of the units and
shall remain undivided, and no owner shall bring any action for partition or
division of the general common elements.
9. Use of General and Limited Common Elements. Each owner shall be entitled
to exclusive ownership and possession of his unit. Each owner has the
exclusi\re possession of his unit. Each owner has the exclusive right to use
the Iimited common elements appurtenant to his unit. Each owner may use the
general common elements and the project common elements in accordance with
the purposes for which any such elements are intended without hindering or
encroaching upon the Iawful rights of other owners.
1O. Easernents for Enchroachments.
Declarant hereby specifically Iimits use of the common areas adjacent to and
underlying Gore Creek to fishing by use of fly rods and flies only and
further requires that all fish caught while fishing on common areas shall be
released and retumed to Gore Creek....JFhis covenant may be enforced by
Declarant, the members of the Association, or any member of the public.
End of summary document 71712007
B: EMAIL message/request to TimberCreek Lodges Board of Directors.
From: peter gladkin [Pglad1 @attnet]
Sent: Wednesday, July 11, 20073:38 PM
To: David Martin; E Iena-Garcia@m itu be. com ; Madmd25 TCL
Cc: Mike; Petya@post. harvard.edu
Subject: TimberCreek Lodges plan to repair decks
Jmportance: High
David Martin - President 2006/2007 presided over 2007 July annual owners
meeting.
To the Timber Creek Lodges President, Secretary, Treasurer, and Timber
Creek Lodges property manager
This is to confirm that my designated proxy holder, Dr. Gemer -unit A2 -
delivered my duly executed proxy by handing said proxy to the President of
the Association at the beginning of the 2007 annual TCL owners meeting.
The proxy included my votes, comments and objections as part of the meeting
record to be included in their entirety in the minutes of the 2007 annual
TCL owners meeting.
When do you anticipate all TCL owners will receive a preliminary copy of the
Timber-Creek Lodges 2007 annual owners meeting minutes?
To clarify our position on the topic of repairing and/or replacing the
Timber Creek Lodges decks.
1) We have no current specific objection to repairing or replacing the
Timber Creek Lodges decks
- so Iong as the repair and/or replacement is "like for Iike" in terms
of deck size and footprint and uses identical materials - brought up to
current TOV codes..
- Our final agreement in this regard will depend on a TCL owner review
and vote on the details of any suoh project including costs, materials, and
securing forrnal TOV permits and approval process.
2) However, we vigorously object to ANY proposal to expand the decks and
recognize that any such change cannot be properly characterized as merely a
repair or replacement. Rather any such project proposal represents a
rnaterial change which in our view results in an encroachment onto the
Gore Creek flood plain, violating, various TOV ordinances, setbacks,
easements, and existing conservation restrictions (The greenbelt along
Gore Creek).upon which Timber Creek Lodges AKA the Vail intermountain
Swim and Tennis club project was originally approved by Eagle County and
subsequently by Town of Vail.
Any deck expansion would result in an encroachment onto TCL
Association common elements.- As you well know, the decks are not common
elements, rather they are Iirnited common elements. In our view any such
encroachment results in creation of a nuisance unless all the required
processes and written approvals for conversion of common elements to Iimited
common elements were secured prior to any such expansion
proposal being submitted to TOV for permitting and environmental
approvals. These are rigorous processes and require documentation, they do
not Iend themselves to 'casual discussions" and cannot be properly bundled
into and hidden in a straight forward "deck repair" permitting process.
Any such Timber Creek Lodges proposal would require a full and formal
TOV review and approval process, securing written variances, and include
Design Review Board and Planning and Environmental Commission hearings
with proper notification of all our neighbors. This is an expensive
and lengthy process which we feel is best avoided as Timber Creek Lodges
would most Iikely not prevail, the variances would not be allowed and the
proposed TCL deck expansions would not be granted, Gore Creek is a
"Gold Medal" trout stream and has Iong been identified as a unique Town of
Vail community resource that must be protected.
In either case,(l) or (2) It is your obligation to immediately and fully
inform ALL Timber Creek Lodges homeowners of any TOV permit application
and/or requests for variances - at the time the original application to TOV
is made.
Whether or not they agree with your personal agenda for these decks, ALL
Timber Creek Lodges homeowners must be kept immediately apprised of all the
details pertaining to any Town of Vail applications.
As you know we are not the only TCL owners and neighbors who object to any
such deck expansion project. So please do not mix or mingle the idea of
necessary deck repairs and/or replacement with the notion of deck expansion.
They are 2 entirely different activities, each with its own Goveming
Documents requirements, Association approval requirements, and TOV
permitting and review process requirements.
Let's be certain that Timber Creek Lodges in is full cornpliance with all of
these Iegitimate requirements. And that individual TCL owners who do not
wish to expand their decks, do not bear ANY of the costs (survey, approval,
construction) Associated with potential deck expansion proposals.
Also general comments regarding Association Financials: audit reports,
Reserve funds, and special assessments.
As you well know, the Goveming documents require an annual Auditor report
of TCL Association financials in standard form, including the P&L
(income/expense statement) Balance Sheet and Reserves reconciliation.
Despite repeated TCL homeowner requests, we have not received any such
written auditor's report since about 2004.! This is unacceptable, when will
owner's see a standard form auditor's report?
Also you are aware that Reserve funds - collected from owners and identified
as going into reserves must be used on capital improvements (reserves) and
these reserve collections MAY NOT be subsequently diverted and used for
miscellaneous operating expenses. This has been brought to your attention
several times over the past few years.
Also, you should aware that owners must be given a minimum of 30 days prior
notice of all special assessments. The notice must specifically state the
purpose to which the special assessment funds will be applied and over what
time frame. Once collected, special assessment funds may not be diverted to
other incidental uses.
As owners, we feel these specific areas require immediate attention.
(Reference comments submitted at 2006 rct owners meeting for further
clarifying details)
Regards and thanks, - Peter Gladkin - owner Timber Creek Lodges unit B10
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4:16PM
George Ruther -Town of Vail,
Cc: Warren Campbell
August 6, 2007
Good talking with you the other day about our efforts as members of the Timber-Creek Lodges HOA to
protect Gore Creek in West Vail by objecting to the issuance by TOV of variances and/or a permit
allowing the expansion of various individual owner decks towards the Creek. We believe the resulting
encroaehment onto the general common elements and into the Iong established existing protected
greenbelt easement, would result in the creation of a permanent nuisance directly on the southem bank
of Gore Creek, and be materially detrimental to the Iong term viability of the Gore Creek watershed which
is a unique Vail community asset and is a designated Gold Medal Trout Stream
The General Situation: (Please see attached photo) = looking west from eastemmost boundary.
A)TimberCreek Lodges AKA Vail Intermountain Swim and Tennis Club owns roughly
1200 +t- feet on either side of Gore Creek. This has been successfully protected since
approval of original TCL project by Eagle County and subsequently by TOV.
B)The area ;s in west Vail, begins at westemmost Kinnickinnick Bridge and runs east.
C)There's a Iong standing permanent conservation restriction in the Declarations - ref A-10 below) that
establishes a "greenbelt easemenf' along the Creek, Iimits any and all development within the greenbelt,
and restricts the greenbelt to pedestrian use for "fly fishing' - It was on this basis - and others - that
Eagle County originally approved construction of the TCL development -and TOV subsequently annexed
the TCL development. We view this restriction as permanent in nature.
D) There is no "pressing need' supporting the expansion of these individual decks. Merely a desire on the
part of some owners - most of whom are now on the TCL Board of Directors - to get closer to the Creek
and have much Iarger decks. (Interfering thereby with the pedestrian and fly fishing use of the Creek)
E)TCL is a tiny HOA - with only 10 members. - 5 of whom have now gotten on an improperly expanded
Board to vote on expansion of their own individual decks.
TOV - community Development
We are providing you with notice of our objection to a pending permit request from TimberCreek Lodges
HOA - AKA Vail Inter-Mountain Swim and Tennis Club - in which the HOA is requesting TOV variances
in order to expand individual owner decks in the direction of Gore Creek, and towards Kinnickinnick Rd,
and towards the small water shed Iocated between the A&B units and feeding directly into Gore Creek.
We encourage TOV to turn down any TCL request for deck expansion for the following reasons.
ITWOULDBE:
1)In violation of TOV ordinance Iimiting development within 50 feet of the centerline of the Creek
2)In violation of the permanent "greenbelt" conservation restriction in the HOA Declarations which Iimit the
use of the areas adjacent to Gore Creek to pedestrian use for fly fishing,
3)Detrimental to the Iong term viability of Gore Creek which is a designated Gold Medal Trout stream and
a unique TOV community resource. -reference "future Vail project": People fish here all the time.
4)In violation of the HOA Goveming documents and any such expansion would create a permanent
nuisance by expanding a Limited Element (decks) for exclusive use by an individual owner onto the
general common elements which are owned and used by all owners. - TOV should not be complicit in -
by providing its approval to - the creation of any such nuisance.
S)Encroach upon identified & well documented TOV "setback requirements" previously established.
G)Inconsistent with previous TOV actions protecting Gore Creek from encroachment (Deo 2005)
7)It is "environmentally inadvisable" as it would result in more detritus getting into Gore Creek
S)There is no "compelling reason" of any kind supporting any expansion of these perfectly good decks
which have been in place, satisfactory, and used by various owners for over 30 years now.
9)There is no "compelling reason" of any kind supporting TOV granting a variance to these owners.
10)We have no objection to a repair or replacement of the existing decks, so long as it is a "Iike for Iike"
repair or replacement and the decks are not enlarged or otherwise modified.
Therefore we are objecting to any sueh request by the TCL Board of Directors regarding deck expansion
and we urge TOV refuse to grant any requested variances, approvals, prohibit expansion and generally
reject the permit application.
sHoRT sUMMARY oF PERTINENT TCL DECLARATIONS FOR YOUR CONVENIENCE.
A) Condominium Declaration for Vail Inter-Mountain Swim and Tennis Club Condominiums (Now known
as Timber- Creek Lodges) WHEREAS: Declarant does hereby establish a plan for the ownership of
separate fee simple estates consisting of the area of space contained in each of the units in the building
improvement, and the co-ownership by the individual and separate owners thereof, as tenants in
common, of certain of the remaining real and personal property hereinafter defined and referred to as the
general common elements, and the ownership by an association of such owners of certain other real and
personal property, hereinafter defined and referred to as the project common elernents.
Now THEREFORE, Declarant does hereby publish and declare that the following terms, covenants,
easements, restric|ions; uses, Iimitations and obligations shall be deemed to run with the Iand, shall be a
burden, and a benefit to Declarant, their successors and assigns and any person acquiring or owning an
interest in the real propetly and improvements, their successors, grantees, heirs, executors,
administrators, devisees, and assigns.
2. Condominium Map In interpreting the Map the existing physical boundaries of each unit as
constructed shall be conclusivoly presumed to be its boundaries.
3. Division of Property Into Condominium Units. The real property and improvements to be
constructed are hereby divided into the following fee simple estates: a) Each
such estate, shall consist of the separately designated apartment units, the undivided peroentage interest
in and to the general common elements appurtenant to each unit, and the Iimited common elements, if
any appurtenant to each unit, as is set forth therein.
8, Nonpartitionability of General Common Elements. The general common elements shall be
owned in common by all of the owners of the units and shall remain undivided. and no owner
shall bring any action for partition or dMsion of the general common elements.
9. Use of General and Limited Common Elements. Each owner shall be entitled to exclusive ownership
and possession of his unit. Each owner has the exclusive possession of his unit. Each owner has the
exclusive right to use the Iimited common elements appurtenant to his unit. Each owner may use.
the general common elements and the project common elements in accordance with the purposes
for which any such elements are intended without hindering or encroaching upon the Iawful rights
of other owners.
10. Easements for Enchroachments
Declarant hereby specifically Iimits use of the common areas adjacent to and underlying Gore
Creek to fishing by use of fly rods and flies only and further requires that all fish caught while
fishing on common areas shall be released and retumed to Gore Creek.....This covenant may be
enforced by Declarant, the members of the Association, or any member of the public......
End of summary document 71712001
e u
From: Susie HuxfordTo: George RutherDate: 08/03/2007 8:55 AMSubject: Mr. History (you)
George,
I was planning on writing a Ietter to Vail Run requesting them to rernove the storage containers and get
approval
for parking where the bubble used to be(as far as I can tell they only had approval for the 1 tennis court
not all tennis
courts). Here is a summary of what I found out. The attomey for Vail Run told them that they could
have the storage containers there as Iong as it was temporary Do you have any idea on what basis
he might be talking about?
1987 Site plan amendment toOrdinance 16 Series of 1987
-converting an existing exterior tennis court (outdoor tennis court per plans in slot 353)to a parking area;
the bubble contained 2 tennis courts.
-Parking will be primarily for employees and residential guests. no vehicles operated commercially, or
other vehicles which cannot be parked in a normal size parking space 9 ft by 19ft. wil be parked in such
area.
-Maintain Landscaping between Simba Run and Vail Run.
May 6 1997 Pec dedsion(April 28, 1997) that the bubble was a seasonal structure was overtumed by
council.
-any proposed changes to non-enumerated recreational uses will be evalutated by the staff as a minor
amendment
to the SDD and be subject to the 9 SDD review criteria.
-any future recreational use shall be available to the general public.
-Ordinance 10 Series of 1997 approved with addition of ski simulator.
-Susie
Eagle River (-
Watershed Counci1
P.0. Box7688Avon,C081620/ Phone (970)827-5406
A community supported 501 (c)3 nonprofit organization.
August 14, 2007
George Ruther
Director of Community Development
Town of Vail
15 S. Frontage Road
Vail, CO 81657
Dear Mr. Ruther,
We have been approached by a condominium owner in Timber Creek Lodge who objects to
others in the association extending their decks towards Gore Creek. He wanted our Council to
join him in his opposition. I advised him our board normally does not take an advisory role in
matters such as this. The Eagle River Watershed Council's mission is in short: "protecting the
Eagle and Colorado Rivers in Eagle County". In order to protect the rivers we also are
concemed with the tributaries.
In the past our Council has served as a facilitator in striving to implement the 1996 Eagle
County Watershed P1an. The plan is an overall "blueprint" that we all need to re-visit from time
to time. This letter is a reminder of the fact we have that platt and although Towns have
adopted their own rules for protecting the watershed, we hope that such things as setbacks will
continue to be a concem of all making decisions about events which could impact the
watershed.
The \996 Eagle County Watershed plan recommended a 100-foot setback from our creeks and
streams. The plan also identifies areas considered critical to our Watershed requiring oversight
and protection, such as Gore Creek in Vail. The Watershed plan also addresses and makes
recommendations conceming not only Water Quantity and Water Quality; but also Wildlife,
Recreation, and Land Use. If you have not done so recently, perhaps this is a good time to
review with your boards and staff the Eagle Couttty Watershed Plan.
Thanks for your continued good work on behalf of the watersheds. While the Watershed plan
indicates that the Town of Vail may have standards less stringent than the Watershed plan
recommends; we hope that the standards you do have will continue to be appropriately
enforced.
Arlene Quenon, Board President 2007
Bob Louthan, Vice President
Joe Macy, Board Presidenl2006
Anne Esson, Treasurer
Dr. Tom Steinberg Chairman Emeritus
Keith Kepler, Board Member
PhiI Frank, Board Member
Blake Lynch, Board Member
Timm Paxson. Board Member
flLf 00Pf
Sincerelv.l-D-JK FJbffi-
David K. Fulton
Executive Director
H81 1Jn
+ =l=i 'F
,,.Im
Project Name:
Project Description:
RE-ROOF SAME FOR SAME
Palticipants:
Design Review Board
ACTION F0RM
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479,2139 fax: 970.479.2452
web: www.ci.vail.co.us
DRB Number: DRB040354
OWNER TIMBER CREEK LODGES
FALING, DAVID
#1 S. SHORE DRIVE
ADDISON
MI
License:
APPLICANT PDQ ENTERPRISES, INC,
P.O. BOX 1098
FRlSCO, CO
80443
License:
CONTRACTOR PDQ ENTERPRISES, INC.
P.O. BOX 1098
FRlSCO, CO.
80443
Ll'cense: 288-B
07/26/2004 Phone: 517-206-7325
07/26/2004 Phone: 970-668-3433
07/26/2004 Phone:
Location: 2883 KINNIKINNICKProject Address:
Legal Description:
Parcel Number:
Comments:
2883 KINNICKINNICK RD VAIL
Lot: Block:4Subdivision:
210314315006
SEECONDITIONS
HCi-f?](iYt-e,,,-,IQ 1N./l4-. I:ERM+,-SWlluHffiNNl ' '
Motion By:
Second By:
Vote:
Conditiolls:
BOARD/STAFF ACTION
Action: STAFFAPR
Date of Approval: 0712617004
Cond: 8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond: 0
(PLAN): DRB approval does not constitute a permit for building, Please consult with
Town of VaiI Building personnel prior to construction activities.
Cond: 201
DRB approval shall not become valid for 20 days following the date of approval.
Cond: 202
Approval of this project shall Iapse and become void one (1) year following the date
of final approval, unless a building permit is issued and construction is commenced
and is diligently pursued toward completion.
Planner: Joe Suther DRB Fee Paid: $250.00
Minor Exterior Alterations
IOl{/fiffi''
Application for Design Review
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2139 fax: 970.479.2452
web: www.vailgov.com
General Information:
All pro)ects requiring design review must receive approval prior to submitting a building permit application. Please
refer to the submittal requirements for the particular approval that Is requested. An application for Design Review
cannot be accepted until all required information is received by the Community Development Department. The
project may also need to be reviewed by the rown Coundl and/or the Planning and Environmental Commission.
Design review approval Iapses unless a building permit is issued and construction commences within
one year of the approval.
Location of the Proposal: Lot:_Block: L/ Subdivision: 0cn ( -I.cfiou,da,u
Physical Address:
Parcel No.: oZlo l] / 9 s t tro o (- (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)
Zoning:
Name(s) of Owner(s):
R E C E I V E 0
: ?6
Mailing Address: Jiy Ji f)4,a -
O /Z r 0
rvz zc la. cr +
Owner(s) Signature(s):
Name of Applicant:
g..-\<
Phone: !f/?- :-.o G- -l g z 5
ffi,c-
I
>'o i
I
\9
J
h
Mailing Address:
ddE-mail Address: _______________Fax:
b.
Type of Review and Fee: F 'A p:
EI Signs $50 ?|gg $1.00 per square foot of total s;gn area. '"'' UJ
E Conceptual Review No Fee
fJ New Construction $650 For construction of a new building or demo/rebuild.
0 Addition $300 For an addition where square footage is added to any residential or
_/ commercial building (includes250 additions & interior conversions).
El/Minor Alteration _sZtS( For minor changes to buildings and site tmprovements, such as,
(multi-fam ily/commercial) Jlfi-_ reroofing, painting, window additions, Iandscaping, fences and
<.<,,ai fJ' retaining walls, etc.' E Minor Alteration '! .,@p For minor changes to buildings and site improvements, such as,
(single-family/duplex) \*L"-'- reroofing, paintng, window addiUons, Iandscaping, fences and
fJ Changes to Approved Plans $20
retaining walls, etc.
For revisions to plans already approved by Planning Staff or the
Design Review Board.
tL
u.,<
I==D(j1
UJto
E) Separation Requ,est
Page 1 of 12/04/28/04
No Fee
IOlffiffiffij-''
MINOR EXTERIOR ALTERATIONS
TO BUILDING AND SITE IMPROVEMENTS
SUBMITTAL REQUIREMENTS
General Information:
This application is required for proposals involving minor exteridr alterations and/or site
improvements. Proposals to add Iandscaping do not require DRB approval unless they involve
the addition of paUos, water features, grading, or the addition of retaining walls.
I. SUBMrrrAL REOUIREMENTSi'*
/ Cl AII pages of Application is complete '
/ C) Checklist is completed and signed
'' --ef_ Stamped Topographic Survey*, if applicable
JI Site and Grading Plan*, ;f applicable
JZ(j Landscape Plan*, if applicable.df Architectural Elevations*, if applicable
/ l_ Exterior color and material samples and specifications,
(CI Architectural Floor Plans*, ;f applicable
g(_ Lighting Plan* and Cut-sheet(s) for proposed fixtures, if applicable
,0"' Title report, including Schedules A & B to verify ownership and easements*
/' tJ Photos of the existing s;te and adjacent structures, where applicable.
,,,Cl' Written approval from a condominium association, Iandlord, and joint owner, if
" applicable
ffiS;te-specr;c Geological Hazard Report, if applicable*
,€F The Administrator and/or DRB may require the submission of additional plans,
drawings, specifications, samples and other materials (including a model) if deemed
necessary to determine whether a project will comply with Design Guidelines or if the
intent of the proposal is not dearly indicated..
Please submit lhree (3) copies of the materitds noted with an asterisk (*).
*'hFor interior conversions with no exterior chanoes, the submittal requirements indude a
complete set of existing and proposed floor plans, a title report, and written approval from a
condominium assodation, Iandlord, and joint owner, if applicable.
I have read and understand the above Iisted submittal requirements:
Project N.,,,.:-7-74fi J b4l|- ( ffi=-ed.,-ro c_o ; \, t cac ffi,j
Contractor Signature
Date Signed
PROPOSED MATERIALS
Building Materials Tvne of Material cpjOr
Roof
Siding
Other Wall Materials
Fascia
Soffits
Windows
Window Trim
Doors
Door Trim
Hand or Deck Rails
Flues
Flashing
Chimneys
Trash Enclosures
Greenhouses
Retaining Walls
Exterior Lighting
Other
C eoart shJ\Kffi- cHlY9s G
Notes:
f
Pleabe specify the manufacturer's name, the color name and nurnber and attach a color chip.
Page 6 of 12/04/28/04
Botanical Name
PROPOSED LANDSCAPING
Common Name Ouantitv 5Lg
PROPOSED TREES
AND SHRUBS
EXISTING TREES
TO BE REMOVED
Minimum Requirements for Landscaping :Deciduous Trees - 7" Caliper
Coniferous Trees - 6' in height
Shrubs - 5 Gal.
Iypg Square Footacte
GROUND COVER
SOD
SEED
IRRIGATION
TYPE OF EROSION CONTROL
Please specify other Iandscape features (i.e. retaining walls, fences, swimming pools, etc.)
Page 7 of 12/04/28/04
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07/26/2004 09:18 FAXI | } a
Timbor Creek Lodges Homeov,mers Association
2882/2883 Tilllber Creek Drive
Vail, CO 81657
vb leldq= 970-668-0398
Jtdy 26, 2004
Mr.TomStaab
PDQBntetprises,Ine.
POBox 1098
Ftisco, CO 80443
: Roofing Work - Timbcr Creek Lodges
DearMr.Staab,
Pursumt to our agreement executed of even date herewith, please accept tbis Ietter as
authorization for PDQ Enterprises, Inc. to complote a replacement of the existing roof
covering units B5 - B9 at 2883 Timbor Creek Ditve.
Sitferely.
Ij,,ic f4{fi,
David C. Mtutin
President - Board of Directors
Timber Creak Lodges HOA
Ialoo3
is;gn Review Act!on Form
T0WN 0F VAIL
Project Name:Timber Creek Lodges Project Number:
Project Description: Repaint of window and fascia trim on units A-t to 4, and B-5 to l0
Owner, Address and Phone:
Architect/Contact, Address and Phone: Danie1 McNeil, McNeil Property Management, Inc., P.0, Box 4694
Vai1, Colorado 81658, 479-6047
Project Street Address: 2882 Kinnikinnick
Legal Description: Timber Creek Lodges; Units A-1 to 5, and B-5 to tO
Parcel Number:21031431500l-012 Building Name:
Comments:
Projectf/:
^*^PLEASE CONSULT THE T.0.V. BUILDING DEPARTMENT REGARDING
POTENTIAL ASBESTOS ABATEMENT ISSUES - 479-2325*^**
Board / Staff Action
Motion by:
Seconded by:
Vote:
Conditions: Approved per plans dated 8/3/00
Town Planner: Bi11 Gibson
Date: 8/3/00
Action: Staff Approved
F:\EVERYONE\DRB\APPROVAL\97\lDRBAPPILFRM
DRB Fee Pre-Paid: $20.00
=CaIl the PlanningQuestions?Staff at 479-2t38
i01i\'APPLICATION FOR DESIGN REVIEW APPROVAL
GENERAL INFORMATIOI\I
This application is for any project requiring Design Review approval. Any project requiring design rev;ew must
receive Design Retziew approval prior to submitting for a building permit. For specific information, see the submittal
requirements for the particular approval that is requested. The application cannot be accepted until all the required
information is submitted. The project may also need to be reviewed by the Town Coundl and/or the Planning and
Environmental Commission. Design Review Board approval expires one year after final approval unless
a building permit is issued and construction is started.
D//c/lb€,
LOCATION OF PROPOSAL: LOT:u,J(r 4;j,z'Yi 8-C -d -ll0
FiLiNG:B.
C.
D.
E.
F.
G.
PHYSICAL ADDRESS: )_Y t u
PARCEL #:
ZONING:
NAME OF OWNER(S):
OWNER(S) SIGNA
NAME OF APPLICANT:
MAILING ADDRESS:
OF REVIEW AND FEE:
Ncw Constructiom - S200 Construction of a new building.
Co.( ")
i=' (Contact Eagle Co. Assessors Offce at 970-328-8640 for parcel #)
I/G.J.i,
7!''o-4jHiJffi.,;
/.ffi:.)
'/ou/- a ?J 1
TYPE
EJ
E]
,}f,
Addition -
Minor Alteration
s50 Includes any addition where square footage is added to any
residential or commercial building.S20 Includes minor changes to buildings and site improvements, such
as, reroofing, painting, window additions, Iandscaping, fences and
retaininq walls, etc.
DRB fees are to be paid at the time of submittal. Later, when applying for a building permit, please identify
the accurate valuation of the project. The Town of Vail will adjust the fee according to the project valuation.
PLEASE SUBI\4IT THIS APPLICATION, ALL SUBMITTAL REQUIREMENTS
AND THE FEE TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT,
75 SOUTH FRONTAGE ROAD, VAIL, COLORADO 81657.
Jt 28 an
w
Questions? CaII the Planning Staff at 479-2138
MINOR ALTERATIONS TO THE EXTERIOR OF BUILDINGS
AND SITE IMPROVEMENTS
GENERAL INFORMATION
This application applies to changes made to a site or exterior alterations of a building. Any
alteration in which additional building square footage is added will require an "additions"
application.
I. SUBMITTAL REOUIREMENTS
\ Photos.i sketches which gjgg([y convey the existing conditions.
,d" /ffi,.,., or sketches which g|ggrjy convey the proposed building or site alteration(s).
,t:'){tt AlI relevant specifications for the proposal induding colors and materials to be
used.
J2t" Condominium Association approval (if applicable).
/_Z If the intent of the proposal is not clearly indicated, the Administrator may
determine that additional materials are necessary for the review of the application.
=
/tl( yJ1 1\fl,fi,,h - eJJh.i,,;co f, Jl
t)u )oJsc-,pt-(\uH\,
LIST OF PRoPosED MATERIAlS"
TYPE OF l{ATERIAL:
Roof
Siding
Other WaII Materials
Fascja
Soffts
Windows
Window Trim
Doors
Door Trim
Hand or Deck Rails
Flues
Flashing
Chimneys
Trash Enclosures
Greenhouses
Retaining Walls
Exterior Lighting
Other
* Please specify the manufact'urer=s color, number and attach a small color chip
*= AII exterior lighting must meet the Town=s Lighting Ordinance 12-11-5J. If exterior is proposed,
please indicate the number of fixtures and locations on a separate Iighting plan. Identify edeh fixture type
and provide the height above grade, Iumens output, luminous area, and attach a cut sheet of the lighting
=
July 27, 2000
Dear Town of Vail-
This tetter is to confirm that the Board of Directors for Timber Creek Lodges approves
the proposed paint color changes for the trim and fascia on both buildings.
Thanks for your help in this matter and we invite any comments or concems.
McNeil1 Property Management Inc.
970-904-62 l 7
|
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FOURTH SUPPLEMENT AND AMENDMENT TO CONDOMINIUM DECLARATION
THIS FOURTH SUPPIISMENT AND AMENDMENT TO DECIIARATION is
made as or the /@gday of Mtutee-ffa-- 1997, by T. CHARLES
OGILBY and S. H. cOLE CONSTRUCTION COMPANY, a Colorado corporation,
together a Colorado general partnership ( "Declarant" ), which
declares hereby that "The t,odges at Timber Creek" (as defined in
the Declaration) is and shall be held, transferred, sold, conveyed
and occupled subject to the covenants, restrtcttons, easements,
charges and liens hereinafter set forth and as a "common interest
community" pursuant to the terms and provisions of the Act (as
defined in the Declaration).
XNOW ALL MEN BY THESE PRESENTS :
THAT WHEREAS, by Condominium Declaration ("the
Declaration") recorded December 27, 1994, in Book 658 at Page 42,
Eagle County records, there was submitted to condominium ownership
pursuant to the Colorado Common Interest Ownership Act the real
property described on Exhibit A attached hereto (condominium Map)
and incorporated herein; and
WHEREAS, pursuant to section 2.2 thereof, Declarant
reserved the right to create, from time to time within ten (10)
years following the recording of the Declaration, within the area
described in Exhibit "B" to the Declaration, a maximum of twelve
(12) additional Units by recorded supplemental declarations, which
shal1 not require the consent of then existing Owners, the
Association or any Owner's mortgagee; and
WHEREAS, the rirst Supplement and nmendment to
Condominium Declaration was executed in accordance with sa1d
Section 2.2 and recorded December 13, 1995, in Book 683 at Page 474
of the Eagle County records;
WHEREAS, the Second Supplement and nmendment to
Condominium Declaration was executed in accordance with said
Section 2.2 and recorded December 20, 1996, in Book 714 at Page 354
of the Eagle County records ;
WHEREAS, the 'rhird Supplement
Condominium Declaration was executed in
Section 2.2 and recorded.7
and Amendment to
accordance with said
1997, in Book _ at
Page of the Eagle County records;
WHEREAS, this Fourth supplement and nmendment to
Condominium Declaration is executed in accordance with said Section
2.2;
AT TI1jIBER CREEX
NOW, THEREFORE, the Declaration is supplemented and
amended as follows :.
1. Definitions. Words used in this Supplemental
Declaration and Amendment shal1 have the same meaning as those
contained J:n the Declaration.
2. [,eqal Descrintion. 'I'he real property which is and
shall be held, tgansfecred, sold, conveyed and occupied subject to
this Supplemental Declaration aitd nmendment is located in the Town
of Vatt, EagLe County, Colorado, and is more particularly described
as PARCEL E on Exhibit A attached hereto, all of which real
property (and all additions and improvements thereto and less any
withdrawals therefrom), together with the real property described
in Exhibit "A" to the Declaration, PARCEL B on Exhibit A to First
Supplement and Amendment to Declaration, PARCEL C on Exhibit A to
the Second Supplement and amenctment, and PARCEL D on Exhibit A to
the Third Supplement and ggendment, is herein referred to
collectively as "The Lodges at Timber Creek" ("the Property").
3. I!iaht tojreate Additional Units. Declarant reserves
the right to create, from time to tJ:me within ten (10) years
fo11owing the recordinq of the Declaration, within the area
described as PARCEI, F on Exhibit A attached hereto, a maximunt of
four (4) additional Units, in addition to the two (2) units created
by the First Supplement and anendment to Condominium Declaration,
the two (2) units created by the Second Supplement and Amendment to
Condominium Declaration, the two (2) units created by the Third
Supplement and Amendment to Condominium Declaration, and the two
(2) units created by this Fourth Supplement and Amendment to
Condominium Declaration, by recorded supplemental declarations,
which shall not require the consent of then existing Ownersr the
Association or any Owner's mortgagee. Nothing herein, however,
shall obligate the Declarant to create such additional Units. All
Owners, by acceptance of a deed to, or other conveyance of, their
Units, thereby automatically consent to any such creation of
additional Units and shall evidence such consent in writing if
requested to do so by the Declarant at any time (provided, however,
that the refusal to give such written consent shall not, avoid the
general effect of this provision). Except for the number of units,
the future development disclosed in Exhibit A may be changed, from
time to time within ten years following the recording of the
Declaration by the Declarant, without the consent of the Ownersr
the Association or any Owner's mortgagee
4. Condominium Units. (a) t'he Property is hereby
divided into twelve (12) Condominium Units designated as
Condominium Units C11, C12, C13, C14, C15, C16, C17, C18, D23, D24,
D25, and D26. Each Condominium Unit consists of the Unit
identified by such Condominium Unit's identifying number on the
Map, the undivided interest in the Common Element,s allocated t,o
such Condominium Unit pursuant to Section 4(b) hereof and the
exclusive right to the Limited Common Elements allocated to such
Condominium Unit pursuant to Section 4(c) hereof.
(b) The gross floor areas in square feet (GFA) of the
Condominium Units and the total undivided interests in the
percentage of Common Elements (CE) allocated to the Condominium
Units, as provided by Section 1.2 of the Deelaration, are as
follows:
UNIT
C11
C12
C13
C14
C15
C16
C17
C18
D23
D24
D25
D26
GFA
2157 sq. ft.
2157 sq, ft.
2157 sq, ft.
2157 sq, ft.
2361 sq. ft.
2157 sq, ft.
2361 sq. ft.
2157 sq. ft.
822 sq. ft.
822 sq. ft.
576 sq. ft.
576 sq. ft.
CE
10. 542 %
10.542%
10.542%
10.542%
1 1. 54 O %
10.542%
11.54O%
1 O. 542 %
4. 0 18 %
4. 018%
2. 8 16 %
2. 8 16 %
(c) 'I'hose portions of the Common Elements are Limited
Common Eleraents which are assigned to the specific condominium
Unlts comprising each individual residence.
(d) The future development disclosed as PARCEL F on
Exhibit A attached hereto, which, except for the number of units,
may be changed from time to time as set forth abover contemplates
Condominium Units D19, D20, D21, and D22 each Unit having.768
square feet of gross floor area which may or may not be developed
and may or may not be developed at the same time within ten years
from the date of recording of the Declaration. At the time of the
creation of additional Condominium Units, if any, the Allocated
Interests or Sharing Ratio shall be adjusted using the formula set
forth in Section 1.2 of the Declaration and the actua1 gross floor
area of the Condominium Units as constructed.
5. Rates of Assessme:$g. Subject to the provisions
below and of seGfiF3ilT?FTfiE Declaration, each Unit shal1 be
assessed a proportionate amount of the tota1 estimated operating
expenses of the Association, such rates being as fo11ows:
(a) Each Unit shall be responsible for, and assessed, a
percentage of the estiraated operatinq expenses (0E) of the
Association, said percentage being set forth below and based upon
the gross floor area {"GFA") attributable to each Unit as it
relates
feet ) :
to the
Unit
gross floor area of a11 the Units (20,460.0 square
GFA
2157 sq. ft.
2157 sq. ft.
2157 sq ft.
2157 sq ft.
2361 sq ft.
2157 sq. ft.
2361 sq ft.
2157 sq ft.
822 sq. ft.
822 sq ft.
576 sq. ft.
576 sq. ft.
(b) If additional Units are created pursuant to Section
2.2 of the Declaration and Section 3 hereof, the percentage of the
estimated operating expenses for which each Unit shall be
responsible shall be reallocated among a11 Units based upon the
formula above.
6. Duration. The covenants and restrictions of this
Declaration shdTrFJr;rith and bind The Lodges at Timber Creek and
shall inure to the benefit of and be enforceable by the Declarant,
the Association, the Town of Vai1, and the Owner of any Unit
subject to this Declaration, and their respective legal
representatives, heirs, successors and assigns, for a term of
ninety-nine (99) years from the date the Declaration was recorded,
after which time said covenants shal1 be automatically extended for
successive periods of ten (10) years each unless an instrument
signed by the then Owners of 75% of a11 the Units subject hereto
(and 100% of the mortgagees of those supporting termination) has
been recordect, agreeing to revoke said covenants and restrictions;
provided, however, that no such agreement to revoke shal1 be
effective unless made and recorded three (3) years in advance of
the effective date of such revocation, and unless written notlce of
the proposed agreement is sent to every Owner at least ninety (90)
days in advance of any signatures being obtained.
1. Severability. Invalidation of any one of these
covenants or restrictions or any part, clause or word hereof, or
the application thereof in specific ctrcumstancesr by judgment or
court order shall not affect any other provisions or applications
in other ctrcumstances, a11 of which shall remain in fu11 force and
effect.
8. Amendment. :n addition to any other manner herein
provided for the amendment of this Supplernental Declaration, the
covenants, restrtcttons, easements, charges and liens of this
c11
C12
C13
C14
C15
C16
C17
C18
D23
D24
D25
D26
OE
10. 542 %
10.542%
1O.542%
tO. 542%
11.540%
10.542%
1 1. 54 O %
10. 542 %
4.O18%
4.018%
2.816%
2. 816 %
Declaration may be amended, chanqed, deleted or added to at anytime and from tirne to ttme, in whole or in part, by approval at a
meeting of Owners holding not, less than 67% vote of the entire
membership in the Association (as opposed to on1y those Members
represented at a meeting of the Association). Further, noprovision of this Declaration may be amended if such provision is
required to loe included herein by the Town of Vail. The foregoing
sentence may not be amended.
9. Effective Date. This Declaration shall become
effective upon tTFTGEGlEEEIGitn the Public Records of t,he County.
10. Conflict. The Declaration shall take precedence
over any conttfEElfif]rovtsions in this Fourth Supplement and
Amendment and the Declaration and this Fourth Supplement and
Amendment shall take precedence over any conflicting provisions in
the Articles of Incorporation and Bylaws of the Association and the
Articles shall taJce precedence over the Bylaws.
11. Covenants Runninc1 With The Land, Anything to the
contrary herein notwithstanding and without limiting the generality
(and subject to the limitations) of Section 6 hereof, it is the
intention of a11 parties affected hereby (and their respective
heirs, persona1 representatives, successors and assigns) that these
covenants and restrictions shall run with the land. Without
limiting the generality of Section 7 hereof, if any provision or
application of this Declaration would prevent this Declarat-ion from
running w1th the 1and as aforesaid, such provision and/or
application shall be judicially modified, if at, a11 possible, to
come as close as possible to the intent of such provision or
application and then be enforced in a manner which wi11 allow these
covenants and restrictions to so run with the land; but if such
provision and/or application cannot be so modified, such provision
and/or application shal1 be unenforceable and considered nu11 and
void in order that the paramount goal of the parties affected
hereby (that these covenants and restrictions run with the 1and as
aforesaid) be achieved.
12. :n Full Force and Effect. Except as herein amended
and as amended {-rtTGTiT;TTdFGnE;fir;nd Amendment to Condominiurn
Declaration and in the second Supplement and Amendment to
Condominium Declaration, the Declaration shall continue in full
force and effect and the provisions thereof are incorporated
herein.
WHEREOF
T10N is t,his FOURTH SUPPLEMENT AND AMENDMENT
signed on the date indicated below.
S. H. COLE CONSTRUCTION COMPANY, a Colorado corporation, together
a Coloracto general partnership
By : 4lz(|alaaa|{)u [[ o \-t\{l
Stanleigh/|t. Cole, President
STATE OF COLORADO
COUNTY OF EAGLE
s s.
The foregoing7] day of
instrument was acknowledged beforeltl/l/. 1997, by T.
H." "Co1e as President of S.
Colorado corporation, together a
Supplement
at, Timber
rae, this
CharlesH. Cole
Colorado
a lien upon the
and Amendment to
Creek.
Ogilby and Stanleigh
Construction Company, ageneral partnership.
My Commission expir
First Bank of Vatt, being the
Property, hereby approves this Fourth
Condomlnium Declaration for the t,odges
First Bank of Vail
STATE OF COLORADO
COUNTY OF EAGLE
)) ss
)
s acknowledged before me,
, 1997,
this
by
[{y Commission expir
By:as th
irrf ii"!{
-'_,....,9-."{',8 o) '11//\
/l P/ '"ff1,r,,',,:r#', OL
: L/
".' g O
cvz' /l[a)
[
'I'HIRD SUPPLEMENT AND A[IENDMENT TO CONDOMINIUIb1 DECLARATION
POR
THIS THIRD SUPPLEMEl9T AND At4ENDMENT TO DnCl,ARATION is
made as of the aPday of Noveauaea, 1997, by T; CHARLES
OGILBY and S. H. -tOLE CONSTRUCTION COMPANY, a Colorado corporation,
together a Colorado general partnership ("Declarant"), which
declares hereby that "The Lodges at 'rimber Creek" (as defined in
the Declaration) is and shall be held, transferred, sold, conveyed
and occupied subject to the covenants, restrictions, easements,
charges and liens hereinafter set forth and as a "common interest
community" pursuant to the terms and provisions of the Act (as
defined in the Declaration).
KNOW ALL MEN BY THESE PRESENTS:.
THAT WHEREAS, by Condominium Declaration ("the
Declaration") recorded December 27, 1994, in Book 658 at Page 42,
Eagle County records, there was submitted to condominium ownership
pursuant to the Colorado Common Interest Ownership Act the real
property described on Exhibit A attached hereto (Condominium Map)
and incorporated herein; and
WHEREAS, pursuant to section 2.2 thereof, Declarant
reserved the right to create, from time to time within ten (10)
years following the recordinq of the Declaration, within the area
described in Exhibit "B" to the Declaration, a maximum of twelve
( 12 ) additional Units by recorded supplemental declarations p which
shall not require the consent of then existing Owners, the
Association or any Owner's mortgagee; and
WHEREAS, the First Supplement and Amendment to
Condorainium Declaration was executed in accordance with said
Section 2.2 and recorded December 13, 1995, in Book 683 at Page 474
of the Eagle County records;
WHEREAS, the Second Supplement and amendment to
Condominium Declaration was executed in accordance with said
Section 2.2 and recorded December 20, 1996, in Book 714 at Page 354
of the Eagle County records ;
WHEREAS, this Third Supplement and Amendment to
Condominium Declaration is executed in accordance with said Section
2.2;
NOW, THEREFORE, the Declaration is supplemented and
amended as follows :
[
1. Definitions. Words used in this SupplementalDeclaration andlfiGfiEiEfirshall have the same meaning as those
contained in the Declaration.
2. Lecal Description. The real property which is and
shall be held, -ETansferred, so1d, conveyed and occupied subject to
this Supplemental Declaration and Amendment is located in the Town
of Vatt, Eagle County, Colorado, and is more particularly described
as PARCEL D on, Ekhibit A attaclteg] hereto, all of which real
property (and all additions and' iritprovements thereto and less any
withdrawals therefrom), together with the rea1 property described
in Exhibit "A" to the Declaration, PARCEL B on Exhibit A to First
Supplement and Amendment to Declaration, and PAECEL C on Exhibit A
to the Second Supplement and Amendment, is herein referred to
collectively as "The Lodges at Timber Creek" ("the Property").
3. Riqht to Create Additional Units. Declarant reserves
the right to create, from time to time within ten (10) years
followlng the recording of the Declaration, within the area
described as PARCEL E on Exhibit A attached hereto, a maximum of
six (6) additiona1 Units, in addition to the two (2) units created
by the First Supplement and Amendment to Condominium Declaration,
the two (2) units created by the Second Supplement and amendment to
Condominium Declaration, and the two (2) units created by this
Third Supplement and Amendment to Condominiunt Declaration, by
recorded supplementa1 declarations, which shall not require the
consent of then existing Ownersr the Association or any Owner's
mortgagee. Nothing herein, however, shall obligate the Declarant
to create such additional Units. All Owners, by acceptance of a
deed to, or other conveyance of, their Untts, thereby automatically
consent to any such creation of additional Units and shall evidence
such consent in writing if requested to do so by the Declarant at
any time (provided, however, that the refusal to give such written
consent shall not avoid the genera1 effect of th1s provision).
Except for the number of untts, the future development disclosed in
Exhibit A may be changed, from time to time within ten years
following the recording of the Declaration by the Declarant,
without the consent of the Owners, the Association or any Owner's
mortgagee.
4. Condominium Units. (a) The Property is hereby
divided into tefilfOTGfidGElfiTJfi Units designated as Condominlum
Units C11 C12, C13, C14, C15, C16, D23, D24, D25, and D26. Each
Condominium Unit consists of the Unit identified by such
Condominium Unit's identifying number on the Xap the undivided
interest in the Common Elements allocated to such Condominium Unit
pursuant to Section 4(b) hereof and the exclusive right to the
Limited Common Elements allocated to such Condominium Unit pursuant
to Section 4(c) hereof.
i
(b) The gross floor areas
Condominium Units and the totalpercentaqe of Common Elements (CE)
Units, as provided by Section 1.2
fdllows :
UNIT
in square feet (GFA) of theundivided interests in the
allocated to the Condominiumof the Declaration, are as
dU'
13. 53 O %
13. 530 %
l3. 530%
13. 530%
14.810%
13. 53 O %
5. 157%
5. 157%
3.613%
3. 6 13 %
C11
C12
C13
C14
C15
C16
D23
D24
D25
D26
ffA
2157 sq. ft.
2157 sq ft.
2157 sq, ft.
2157 sq, ft.
2361 sq, ft.
2157 sq ft.
822 sq ft.
822 sq. ft.
576 sq. ft.
5'16 sq. ft.
(c) Those portions of the Common Elements are t,imited
Common Elements which are assigned to the specific Condominium
Unit.s comprising each individual residence.
(d) The future development disclosed as PARCEL E on
Exhibit A attached hereto, which, except for the nunffier of units,
may be changed from time to time as set forth above, contemplates
Condominium Units C17, and C18, each having 2157 square feet of
gross floor area and Condominium Units D19, D20, D21, and D22 each
Unit having 768 square feet of gross floor area which may or may
not be developed and may or may not be developed at the same time
within ten years from the date of recording of the Declaration. At
the time of the creation of additional Condominium Units, if any,
the Allocated Interests or Sharing Ratio shall be adjusted using
the formula set forth in Section 1.2 of the Declaration and the
actual gross floor area of the condominium Units as constructed.
5. Rates of Assessments. Subject to the provisions
below and of Section 5.10 of the Declaration, each Unit shall be
assessed a proportionate amount of the total estimated operating
expenses of the Association, such rates being as folLovzs:
(a) Each Unit shall be responsible for, and assessed, a
percentaqe of the estimated operating expenses (OE) of the
Association, said percentage being set forth below and based upon
the gross floor area ("GFA") attributable to each Unit as it
relates to the gross floor area of all the Units
(15,942.0 square feet):
Unit
C11
C12
C13
C14
C15
C16
D23
D24
D25
D26
GFA
2157 sq. ft.
2157 sq. ft.
2157 sq. ft.
2157 sq, ft.
2361 sq. ft.
2157 sq. ft.
822 sq ft.
822 sq, ft.
576 sq. ft.
576 sq. ft.
gg
13. 530%
13.530%
13.530%
13.530%
14. 810 %
13. 53 O %
5. 157%
5. 157%
3. 6 13 %
3. 6 13 %
(b) If additional Units are created pursuant to Section
2.2 of the Declaration and Section 3 hereof, the percentage of the
estimated operating expenses for which each Unit shall be
responsible shal1 be reallocated among a11 Units based upon the
formula above.
6. Duration. The covenants and restrictions of this
Declaration shali run with and bind The Lodges at 'rimber Creek and
shall inure to the benefit of and be enforceable by the Declarant,
the Association, the Town of Vatt, and the Owner of any Unit
subject to this Declaration, and their respective legal
representatives, heirs, successors and assiqns, for a term of
ninety-nine (99) years from the date the Declaration was recorded,
after which time said covenants shall be automatically extended for
successive periods of ten (10) years each unless an instrument
signed by the then Owners of 75% of a11 the Units subject hereto
(and 100% of the raottgagees of those supporting termination) has
been recorded, agreeing to revoke said covenants and restrictions;
provided, however, that no such agreement to revoke shall be
effective unless made and recorded three (3) years in advance of
the effective date of such revocatton, and unless written notice of
the proposed agreement is sent to every Owner at least ninety (90)
days in advance of any signatures being obtained.
1. Severab!lity. Invalidation of any one of these
covenants or restrictions or any part, clause or word hereof, or
the application thereof in specific ctrcumstancesr by judgment or
court order shall not affect any other provisions or applications
in other ctrcumstances, all of whlch shall remain in full force and
effect..
8. Amendment. In addition to any other manner herein
provided for the amendment of this Supplemental Declaration, the
covenants, restrtcttons, easements, charges and liens of this
Declaration may be amended, changed, deleted or added to at any
time and from time to Ume, in whole or in part, by approva1 at a
meeting of Owners holding not less than 67% vote of the entire
membership in the Association (as opposed to only those Members
represented at a meeting of the Association). Further, no
provision of this Declaration may be amended if such provision is
required to be included herein by the Town of Vail. The foregoing
sentence may not be amended.
9. Effective Date. This Declaration shal1 become
effective upon tTFGE67EEETGitn the Public Records of the County.
10. Conflict. The Declaration shall take precedence
over any connlEEfig"]rovtsions in this Third Supplement and
Amendment and the Declaration and this Third Supplement and
Arnendment shall take precedence over any conflicting provisions in
the Articles of Incorporation and Bylaws of the Association and the
Articles shall take precedence over the Bylaws.
11. Covenants Runninq With 'I'he Land. Anything to the
contrary herein notwithstanding andliTEGEfillifting the generality
(and subject to the limitations) of Section 6 hereof, it is the
intention of all parties affected hereby (and their respective
heirs, persona1 representatives, successors and assigns) that these
covenants and restrictions shall run with the land. Without
limiting the generality of Section 7 hereof, if any provision or
application of this Declaration would prevent this Declaration from
running with the 1and as aforesaid, such provision and/or
application shall be judicially modified, if at all possible, to
come as close as possible to the intent of such provision or
application and then be enforced in a manner which will allow these
covenants and restrictions to so run with the land; but if such
provision and/or application cannot be so modified, such provision
and/or application shall be unenforceable and considered nu11 and
void in order that the paramount goa1 of the parties affected
hereby (that these covenants and restrictions run with the land as
aforesaid) be achieved.
12. In Full Force and Effect. Except as herein amended
and as amended rfilfiGliT;rgEFFnfiGErEnd Amendment to condominium
Declaration and in the Second Supplement and Amendment to
Condominium Declaration, the Declaration shall continue in full
force and effect and the provisions thereof are tncorporated
hereJ:n.
IN WITNESS WHEREOF this THIRD SUPPLEMENT AND AMENDMEI\IT TO
on the date indicated below.
T.CHARLES OGILB
S. H. COLEa Colorado
CONSTRUCTlON COMPANY,general partnership
a colorado corporation, together
=..===:=IE-"'"
Co e, Pres dent
STATE OF COLORADO
COUNTY OF EAGLE
ss.
acknowledged before
, 1997, by T.
as President of S.
corporation, together a
, The forectoing
})S/, d,1; of
me, this
CharlesH. Cole
ColoradoOgilby and Stanleigh
Construetion Company, a
general partnership.
My Commission expires L)lLTP
First Bank of Vatt, being the hdTdbr of
Property, hereby approves this t'hird Supplement
Condominium Declaration for t,he Lodges at rrimber
First Bank of Vail
STATE OF COLORADO
COUNTY OF EAG[IE
. Co1e
Colorado
a lien upon the
and amendntent to
Creek.
@e
acknowledged before mer
, 1997,
this
by
My Commission expires :
Notary Pub
rst Bank o
LL'..YUr\ Il l-Ift/tfor the First Bank of Vail.
| o l.,,
|(eruzz/ TO : '
Cff(/O[C Qt+scy
2o/-5r g fi.,,,,,,,,,//{/
V/+", C0- ffrt,97
SECOND SUPPlIEMENT AND AMENDMENT TO CONDOtlINIUM DECLARA'I'ION
FOR
THE l,ODGES AT TIMBER CREEI{
THIS SECOND SUPPLEMENT AND AI4ENDMENT TO DECLARATION is
made as of the lt/fday of December, 1996, by T. CHARLES OGIIIBY and
s. H. CoLE coN,9TRucrloN COMPANY, a Colorado corporation, together
a Colorado genera1 partnership ( "Declarant" ), which declares hereby
that "The Lodges at Timber Creek" (as defined in the Declaration)
is and shall be held, transferred, sold, conveyed and occupied
subject to the covenants, restrtcttons, easements, charges and
liens hereinafter set forth and as a "common interest community"
pursuant to the terms and provisions of the Act (as defined in the
Declaration).
I(NOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, by Condominium Declaration ("the
Declaration") recorded December 27, 1994, in Book 658 at Page 42,
Eagle County records, there was submitted to condominium ownershlp
pursuant to the Colorado Common Interest Ownership Act the real
property described on Exhibit A attached hereto (Condominium Map)
and incorporated herein; and '
WHEREAS, pursuant to section 2.2 thereo;, Declarant
reserved the right to create, frorn t1me to time within ten (10)
years fo11owing the recording of the Declaration, within the area
described in Exhibit "B" to the Declaratlon, a maxlmum of twelve
( 12 ) additional Units by recorded supplemental declarations ; which
shall not require the consent of then existing Owners, the
Association or any Owner's mortgagee; and
WHEREAS, the First Supplement and Amendment to
Condominium Declaration was executed in accordance with said
Section 2.2 and recorded December 13, 1995, in Book 683 at Page 474
of the Eagle County records;
WHEREAS, this Second Supplement and Amendment to
Condominium Declaration is executed in accordance with said Section
2.2 ;
NOW, THEREFORE, the Declaration is supplemented and
amended as follows :
1. Definitions. Words used in this Supplemental
Declaration and-fiEfidiEfirshall have the same meaning as those
contained in the Declaration.
2. Lecal Description. The real property which is and
shall be he1d, transferred, sold, conveyed and occupied subject to
this Supplemental Declaration and Amendment is located in the :'own
|
of Vail, Eagle County, Colorado, and is more particularly describedas PARCEL C on Exhibit A attached hereto, all of which realproperty (and all additions and improvements thereto and less any
withdrawals therefrom), together with the real property describedin Exhibit "A" to the Declaration and PARCEL B on Exhibit A to
First Supplement and Amendrrtent to Declaration, is herein referred
to collectively as "The Lodges at Timber Creek" ("the Property").
3. Ricrht to Create Additional Units. Declarant reserves
the right to create, from time to time within ten (10) years
following the recording of the Declaration, within the area
described as PARCEt, D on Exhibit A attached hereto, a maximum of
eight (8) additional Units, in addition to the two (2) units
created by the First Supplement and Amendment to Condominium
Declaration and the two (2) units created by this Second Supplement
and Amendment to Condominium Declaration, by recorded supplemental
declarations, which shall not require the consent of then existinq
Owners, the Association or any Owner's mortgagee. Nothing herein,
however, shall obligate t,he Declarant to create such additional
Units. A11 Owners, by acceptance of a deed to, or other conveyance
of, their Units, thereby automatically consent to any such creation
of additional Units and shall evidence such consent in writing if
requested to do so by the Declarant at any time (provided, however,
that the refusal to give such written consent shall not avoid the
general effect of this provision). Except for the number of unitsr
the future development disclosed in Exhibit A may be changed, from
time to time within ten years following the recording of the
Declaration by the Declarant, without the consent of t,he Ownersr
the Association or any Owner's mortgagee.
4. Condominium Units. (a) The Property is hereby
divided into eight (8) Condominium Units designated as Condominium
Units C11, C12, C13, C14, C15, C16, D25, and D26. Each Condominium
Unit consists of the Unit identified by such Condominium Unit's
identifying number on the Map, the undivided interest in the Common
Elements allocated to such Condominium Unit pursuant to Section
4(b) hereof and the exclusive right to the l,imited Common Elements
allocated to such Condominium Unit pursuant to Section 4(c) hereof.
(b) The gross floor areas in square feet (GFA) of the
Condominium Units and the tota1 undivided interests in the
percentage of Common Elements (CE) allocated to the Condominium"
Units, as provided by Section 1.2 of the Declaration, are as
follows :
UNIT GFA
2157 sq. ft.
2157 sq. ft.
2157 sq. ft.
gE
15. 086 %
15. 086 %
15. 086 %
C11
C12
C13
C14
C15
C16
D25
D26
2157 sq ft.
2361 sq. ft.
2157 sqo ft.
576 sq. ft.
576 sqo ft,
GFA
2157 sq ft.
2157 sq ft.
2157 sq ft.
2157 sq ft.
2361 sq. ft.
2157 sq ft.
576 sq ft.
576 sq. ft.
15. 086 %
16.513%
15. O 86 %
4. 0285 %
4.0285%
(c) Those portions of the Common Elements are Limited
Common Elements which are assigned to the specific Condominium
Units comprising each individual residenee.
(d) The future development disclosed as PARCEL D on
Exhibit A attached hereto, which, except for the numlaer of units,
may be changed from time to time as set forth above, contemplates
Condominium Units C17, and C18, each having 2157 square feet of
gross floor area and Condominium Units D19, D20, D21, D22, D23, and
D24, each Unit having 768 square feet of gross floor area which may
or may not be developed and may or may not be developed at the same
time within ten years from the date of recording of the
Declaration. At the time of the creation of additional Condominium
Units, if al\yl the Allocated Interests or Sharing Ratio shall be
adjusted using the formula set forth in Section 1.2 of the
Declaration and the actual gross floor area of the Condominium
Units as constructed.
5. Rates of Assessments Subject to the provisions
below and of seHGT3ilT?f 1fi6"16c larat fon, each Unit shall be
assessed a proportionate amount of the total estimated operating
expenses of the Association, such rates being as follows:
(a) Each Unit shall be responsible for, and assessed, a
percentage of the estimated operating expenses (0E) of the
Association, said percentage being set forth below and based upon
the gross floor area ("GFA") attributable to each Unit as it
relates to the gross floor area of all the Units
(14,298.0 square feet) :
Unit qg
15, 086%
15.086%
15. 086 %
15. 086%
16.513%
15. 086%
4. 0285 %
4.0285%
C11
C12
C13
C14
C15
c16
D25
D26
(b) If additional Units are created pursuant to Section
2.2 of the Declaration and Section 3 hereof, the percentage of the
estimated operating expenses for which each Unit shall be
responsible shall be realloeated among a11 Units based upon the
formula above.
6. Duration. The covenants and restrictions of this
Declaration shd]r;l;;rith and bind The Lodges at Timber Creek and
shal1 inure to the benefit of and be enforceable by the Declarant,
the Association, the 'rown of Vail, and the Owner of any Unit
subject to this Declaration, and their respective legal
representatives, heirs, successors and assigns, for a term of
ninety-nine (99) years from the date the Declaration was recorded,
after which time said covenants shal1 be automatically extended for
successive perlods of ten (10) years each unless an instrument
signed by the then Owners of 75% of a11 the Units subject hereto
(and 100% of the mortgagees of those supporting termination) has
been recorded, agreeing to revoke said covenants and restrictions;
provided, however, that no such agreement to revoke shal1 be
effective unless made and recorded three (3) years in advance of
the effective date of such revocatton, and unless written notice of
the proposed agreement is sent to every Owner at least ninety (90)
days in advance of any siqnatures being obtained.
"l. Severabilitv. Invalidation of any one of these
covenants or restrietions or any part, clause or word hereof, or
the application thereof in specific ctrcumstances, by judgment or
court order shall not affect any other provisions or applications
in other ctrcumstances, all of whlch shall remain in full force and
effect.
B. Amendment. In addition to any other manner herein
provided for the amendment of this Supplementa1 Declaration, the
covenants, restrtcttons, easements, charges and llens of this
Declaration may be amended, changed, deleted ot added to at any
time and front time to time, in whole or in part, by approval at a
meeting of Owners holding not less than 67% vote of the entire
membership in the Association (as opposed to only those Members
represented at a meeting of the Association). Further, no
provision of this Declaration may be amended if such provislon is
required to be included herein by the Town of Vail. The foregoing
sentence may not be amended.
9. Effective Date. 'rhis Declaration shall become
effective upon its recordation in the Public Records of the County.
10. Conflict. The Declaration shall take precedence
over any conflicting provisions in this Second Supplement and
Amendment and the Declaration and this Second Supplement and
Amendment shall take precedence over any conflicting provisions in--
the Articles of Incorporation and Bylaws of the Association and the
Articles shall take precedence over the Bylaws.
11. Covenants Runninq With The Land. Anything to the
contrary herein notwithstanding and without limiting the generality
(and subject to the limitations) of section 6 hereof, it is the
intention of all parties affected hereby (and their respective
helrs, personal representatives, successors and assigns) that these
covenants and restrictions shal1 run with the land. Without
limiting the generality of Section 7 hereof, if any provision or
application of this Declaration would prevent this Declaration from
running with the land as aforesald, such provision and/or
application shall be judicially modified, if at all possible, to
come as close as possible to the intent of such provision or
appllcation and then be enforced in a manner whlch wi11 allow these
covenants and restrictions to so run with the land; but if such
provision and/or application cannot be so modified, such provision
and/or application shall be unenforceable and considered null and
void in order that the paramount goal of the parties affected
hereby (that these covenants and restrictions run with the land as
aforesaid) be achieved.
12. In Full Force and Bffect. Except as herein amended
and as amended tTTfiETlEEEfi"fiffiinent and Amendment to Condominium
Declaration, the Declaration sha11 continue in fu11 force and
effect and the provisions thereof are incorporated herein.
r
IN WITNESS WHEREOF this SECOND SUPPLEMENT AND AMENDMENT
signed on the date indieated below.
e
a
By:
H. COLE CONSTRUCTION COI4PANY, a Colorado corporation, together
ge.nera| p.artnership
%cff,(:ff, fl,jcfiJ
Cole, President
STATE OF COLORADO
COUNTY OF EAGLE
(ot"Th
The '';:r',T
Ogilby and Stanleigh
Construction Company, a
geq rtnership.
ss.
ent as acknowledged before
, 1996, by T,
as President of S.
corporation, together a
tne, th1s
CharlesH. Cole
ColoradoH. Cole
Colorado
Commission expir
INIU[I D'ECLA&ATION is
T. CHARLES OGILB
J atIInLEY Il.
iwAIID NotarJ
_ First Bank of Vail, being the holder of:S?I?'r!yf hereby approves this Second SupplementCondominium Declaration for the Lodges at Timber
First Bank of Vail
a 1ien upon theand Amendment to
Creek.
STATE OF COLORADO
COUNTY OF EAGLE
e
owledged
r
before me, this
1 9 9 6, by
My Commission expire
Byg
as tnefor the 1l EGE""EEfi
The foregoing
dODY V.
BUI.,EN
TOII/N 0F VAIL
75 South Frontage Road
Vail, Colorado 81657
970-479-2138/479-2139
FAX 970-479-2452
August28, 1996
FILE 00PY
Department of Community Development
(,;.: l--oc%er dfT.$,.{/eejc,
Jim Marx
1641 Dowrting Street
Dettver, Colorado 80218
RE: A variance request to allow for detached garages in the front setback at the Timber
Creek condos.
Dear Mr. Marx;
The Planning and Environmental Commission, at their August 26, 1996 meeting, withdrew this
request from oonsideration, due to the inactivity and continued postponement of the item. You
wi11 need to submit a new application with updated plan materials and a new fee of 5250.00 in
order to proceed through the variance process. The original application was submitted in January
of this year and extensive staff and board time for review has occurred.
If you ltave any questions, ptease.att me at 479-2148.
Sincerely,
lJff&{-,JLlz
Dominic F. Mauriello, AICP
Town Planner
DFM/jr
{} RECYCLEDPAPER
Pt o
f'jLJ coPY
T0:
FROM:
DATE:
SUBJECT:
Applicant:
Planner:
MEMORANDUM
Planning and Environmental Commission
Community Development Department
August26, 1996
A request for a worksession to discuss a variance to allow det-ached-garages in
the front setback, bcated at 2853 and 2833 Kinnickinnick Road/Lots 7 & 8, Block
4, Vail Intermountain/Lodges at Ttmber Creek.
Jim Marx
Dominic Mauriello
I. DESCRIPTION OF THE REQUEST
The applicant is requesting variances to allow the construction of a detache' p'["'!g g'[3gt
The request ;s to....t,uct 6 garage spaces now and 4 additional spac.es
';
the future. Twp__
specific vartances are requested including a vari_ance from the fror)t setback_ reflt]i[em-ent of 20'
for the Residential Cbste, (RC) zone district and a variance from Section t8.t4.040 Accessory
Uses which allows attached garages as an accessory use tn the RC zone district.
The proposed garage is Iocated 12' from the front property Iine, (see the attached plan).
The proposal will impact the existing number of parking spaces Iocgted on-site by reducir.lg 10
surface spaces to 6 enclosed parking spaces now and providing !0 er:eloses'- spaces in the _
future. Phase I of the Lodges at Timber Creek has 10 units requiring 20 parking !pacg? and the
site contains 26 parking spaces. Therefore, this Phase of the Lodges will have 22 parking
spaces (26 in the future) if approved. Phase II of the Lodges at Timber Creek has excess
surface parking.
The RC zone district requires that at Ieast one parking space per dwelling unit be an enclosed
space. The existing Phase I development is nonconforming with [e.spect to tlis.requiren:lent
The proposal will make this development Iess nonconforming and the second phase pf the
garage request will make the development conforming with respect to enclosed parking.
Il. ZONING ANALYS!S
This analysis shows the Iimiting zoning paramet_e_rs derived from either the annexation agreement
or the RC zone district and the November 13, t995 amended development plan.
Zoning : RC
ALLOWABLE/REQUIRED
Site Area: 222,849 sq. ft.
Buildable Area: :66,277 sq. ft_
GRFA: 45,169sq.ft.
Donsity: 24 multi-family DU's
Hoight: 33 ft.
Sho Covorago: 57,712 sq, ft.
Parking: 20 spacos*
Enclosod Parking: 10 spacos
1 1/13/95 APPROVAL
nc
nc
:2,212 sq. ft.
26.257 sq. R.
38,469 sq. R.
t0 multi-family DU's
:2 duplex DU's
4 Tvoe lII EHU's (Y2 unit each)
24 DU's tolal
31'-6" Lg. DU's
29'-4" Sm. DU's
24,445 sq. ft.
26 spacos (oxisting)*
0 spaces
PROPOSAL
nc
' nc
nc
nc
nc
26,049 sq. ft.
24 spaces*
(26 spaces futuro)*
6 spaces
(t0 spaces futuro)
*Phase 1 only.
Ill. ISSUES FOR DlSCUSSlON
Detached Garaggs
The applicant is proposing to vary from the RC zoning requirements which recognize only
attached garages as permitted accessory structures.
The staff encourages property owners to provide enclosed parking. Staff believes the
concept of a detached garage is appropriate for this zone district where structures are
clustered.
Front Setback Variance
The applicant is requesting a front setback variance to Iocate the detached structure
within 12' of the front property Iine (20' required).
Staff believes this request sh,uld n,t be approved. There is ?[l]ple space on !e site to
Iocate the proposed structure and meet all setbacks. The staff finds no harqship of a!y,
kind affecting the Iocation of the proposed structure. Staff believes it would be a grant of
special privilege if this request were to be approved.
neveryono\pec\memos\tim berc,826
0n-site Parking
The proposal will eliminate 10 surface parking snace) gnd provid!Genc"'" park'"g-,
spaces for a net Ioss of 4 parking spaces with the existing requ-9" l:he.future, pha.s.e d
this garage,.q,esi will provide 10 enc|qsed parking spaces tyi;[ no 'ff 1075 of parki!D
The site contains areas for surface parking, Gowever, none of this parking is delineated.
The site is currently in excess of the required parking and ther_e!ore staff believgs the- ,,
proposal will not.Jg*t..t, impact the numbe-r of required parkir]g.spaces.on:s;.ta Staff
also believes that all of the surface parking tocated on-site should be clearly delineated.
Landscapina
The proposal will modify the Iandscapir]g Iogated on-site. The existing Iandsc!pe.,are'
affected by the p,Jp.,,t is 780 sq. tt. Thq (irst phase of the-ga[ag' (6 snqces) will
provide t,774 sq. ft. of Iandscape area (994 sq. tt ad_dition_al),.''"!"'L the sqqgnd _
phase of the garage (10 spaces) will only provide 758 sq. ft of 'a"'''p'.!"'
(22 sq. ft
decrease). Therefore, the applicant, prior to final review, must-pfovide either an
additional 22 sq. ft. of Iandscape area or provide an analysis of the Iandsc!ping Iogated
on-site. The code requires that 60% of the site be Iandscape arqa. Also, the applicant
has not provided a proposed Iandscape plan with this request. The proposal includes
some regrading within an area adjacent to a Iarge tree.
Staff believes a Iandscape plan, a Iandscape analysis, and a tree preservation plan
should be provided for final review by the PEC and the DRB.
Architectural Compatibility
The proposed structure contains some Iog elements and wood (Iog veneer) siding. The
Lodges at Timber Creek development contains Iog structures.
Staff believes the detached garage shoukl be designed to be more compatiblg with the
existing structures on-site. The detached garage should be a Iog structure Staff
believes that the PEC should recommend that the DRB to take a close Iook at the
architectural compatibility of the proposed structure.
Dumpster
There is an existing dumpster within this parking area which is not screened and not
indicated on the site plan.
Staff believes that this dumpster should be fenced and Iocated within the confines of the
site. It should also be appropriately screened with landscaping. The applicant should
include this item on the site plan and Iandscape plan for the site.
IV. CRITERIA AND FINDINGS
The code criteria for the review of such a request are provided for your information. Since this is
a worksession, staff has not addressed the specific criteria.
A. Consideration of Factors:
1. The relationship of the requested variance to other existing or potential uses and
structures in the vicinity.
Poveryono\peo\memos\fmberc.826
o
The degree to whichrelief from the strict and Iiteral interp!etation and _
enforcement of a.p.,ifi.d regulation is necessary to achieve compatibilitr and
uniformity of treatment among sites in the vicinity or to attain the objectives of this
title without grant of special privilege.
The effect,f th, r,qu,,t,d variance on Iight and air, distribution o_f po.pulatioj\
transportation and traffic facilities, public facilities and utilities, and public safety.
granting a variance:
1. That the granting of the variance will not constitute a grant o! spgcial privile.ge,.
inconsistent with the Iimit,tions on olher properties classified in the same district.
2. That the granting of the variance will not be detrimental to ffte publi9 health: safety
or welfare, or materially injurious to properties or irnprovements in the vieinity.
3. That the variance is warranted for one or more of the tollowing reasons:
a. The strict Iiteral interpretation or enforcement of the specif_ied (e_gulation
would result in practical difficulty or unnecessary physical hardship
ineonsistent with the objectives of this title.
b. There are exceptions or extraordinary c;rcumstances or conditions
applicable to the same site of the variance that doe not apply generally to
other properties in the same zone.
. c. The strict interpretation or enforcement of the specified regulation would
deprive the applicant of privileges enjoyed by the owners of other
properties in the same district.
V. STAFF RECOMMENDATION
Since this is a worksession to discuss the proposed variances at the Lodges at !im!_qr
Creek, staff will not be providing a formal staff recommendation at this time. Staff will,
however, provide a staff recommendation at the time of final PEC review.
2.
3.
B.
;;\ovoryone\poc\memosVim berc.826
TO:
FROM:
DATE:
SUBJECT:
Applicant:
Planner:
MEMORANDUM
Planning and Environmental Commission
Community Development Department
August 12, 1996
A request for a worksession to discuss a variance to allow detached garaggs in
the front ,,tback, Iocated at 2853 and 2833 Kinnickinnick Road/Lots 7 & 8, Block
4, Vail In(ermountain/Lodges at Timber Creek.
Jim Marx
Dominic Mauriello
I. DESCRIPTION OF THE RE0UEST
The applicant is requesting variances to allow the construction of a detached parking ga'age
The request is to construct 6 garage spaces now and 4 additional spaces in the future. Two
specific variances are requested including a variance from the front setback requirqm_ent of 20'
for the Residential Cluster (RC) zone district and a variance from Section 18. 14.040 Accessory
Uses which allows attaohed garages as an accessory use in the RC zone district.
The proposed garage is Iocated 12' from the front property Iine, (see the attached plan).
The proposal will impact the existing number of parking spaces Iocated on-site by red[lcing 10
surface spaces to 6 enclosed parking spaces now and providing 10 enclosed spaces in the _ _
future. Phase I of the Lodges at Timber Creek has 10 units requiring 20 parking spaces and the
site contains 26 parking spaces. Therefore, this Phase of the Lodges will have 22 parking
spaces (26 in the future) if approved. Phase II of the Lodges at Timber Creek has excess
surface parking.
The RC zone district requires that at ;east one parking space per dwelling unit be an enclosed
space. The existing Phase I development is nonconforming with respect to this requirement
The proposal will make this development Iess nonconforming and the second phasq_of the
garage request will make the development conforming with respect to enclosed parking.
Il. ZONING ANALYSIS
This analysis shows the Iimiting zoning parameters derived from either the annexation agreement
or the RC zone district and the November 13, 1995 amended development plan.
Zoning:
ALLOWABLE/REQUIRED
Ske Aroa: 222,849 sq. ft.
Buildable Area: :66,277 sq. ft.
GRFA: 45,169 sq. ft.
Density: 24 multi-family DU's
Hoight: 33 ft.
Sko Covorage: 57,712 sq. ft.
Parking: 20 spaces*
Enclosed Parking: t0 spaces
1 1/13/95 APPROVAL
nc
nc
t 2,2t 2 sq. ft.
26.257 sq. ft.
38,469 sq. R.
t 0 multi-family DU's
t 2 duplex DU's
4 TvDo lll EHU's {Y2 unit oach)
24 DU's total
31'-6" Lg. DU's
29'-4" Sn1. DU's
24,445 sq. ft.
26 spaces {existing)*
0 spacos
PROPOSAL
nc
nc
nc
nc
nc
26,049 sq. ft.
24 spaces*
(26 spacos future)*
6 spaces
(t0 spacos future)
'Phase 1 only.
Ill. ISSUES FOR DlSCUSSlON
Detached Garages
The applicant is proposing to vary from the RC zoning requirements which recognize only
attached garages as permitted accessory structures.
The staff encourages property owners to provide enclosed parking. Staff believes the
concept of a detached garage is appropriate for this zone district where structures are
clustered.
Front Setback Varlance
The applicant is requesting a front setback variance to Iocate the detached structure
within 12' of the front property Iine (20' required).
Staff believes this request should not be approved. There is ample space on the site to
Iocate the proposed structure and meet all setbacks. The staff finds no hardship of any
_
kind affecting the Iocation of the proposed structure. Staff believes it would be a grant of
special privilege if this request were to be approved.
f:\everyone\pec\memos\f mborc.722
On-sfto Parking
The proposal will eliminate 10 surface parking spaces and provide C)nclosed parking,
spaces for a net Ioss of 4 parking spaces with the existing reqtJesL Iihe !uture-pha.s.e of
this garage,.q..st will provide 10 enclosed parking spaces yaith no nq! IoqS gf parking:
The site contains areas for surface parking, however, none of this parking is delineated.
The site is currently in excess of the required parking and there!ore staff believes thg --
proposal will not negatively impact the number of required parkirilg-spaces on-site. Sta!f
also believes that all of the surface parking Iocated on-site should be clearly delineated.
Landscaping
The proposal will modify the Iandscaping located on-site. The existinq Iandscape..area
affec,ed by the proposal is 780 sq. ft. The first phase of the-ga[?ge (6 spqces) wry
provide 1,774 sq. ft. of Iandscape area (994 sq. ft. additional), _Howeven the seqgnd
__
phase of the garage (10 spaces) will only provide 758 sq. ft of Iands-cape q'ea (22 sq. ft
decrease). Therefore, the applicant, prior to final review, must provide either an
additional 22 sq. ft. of Iandscape area or provide an analysis of the Iandscaping Io.gated
on-site. The code requires that 60% of the site be Iandscape area. Also, the applicant
has not provided a proposed Iandscape plan with this request. The proposal includes
some regrading within an area adjacent to a Iarge tree.
Staff believes a Iandscape plan, a Iandscape analysis, and a tree preservation plan
should be provided for final review by the PEC and the DRB.
Architectural Compatibility
The proposed structure contains some Iog elements and wood (Iog veneer) siding. The
Lodges at Timber Creek development contains Iog structures.
Staff believes the detached garage should be designed to be more compatiblq u(i_th the
existing structures on-site. The detached garage should be a Iog qtructure. Staff
believes that the PEC should recommend that the DRB to take a close Iook at the
architectural compatibility of the proposed structure.
Dumpster
There is an existing dumpster within this parking area which is not screened and not
indicated on the site plan.
Staff believes that this dumpster should be fenced and Iocated within the confines of the
site. It should also be appropriately screened with landscaping. The applicant should
include this item on the site plan and Iandscape plan for the site.
IV. CRITERIA AND FINDINGS
The code criteria for the review of such a request are provided for your information. Since this is
a worksession, staff has not addressed the specific criteria.
A. Consideration of Factors:
1. The relationship of the requested variance to other existing or potential uses and
structures in the vicinity.
f:\overyone\pec\momos\tim bem.722
The degree to which relief from the strict and Iiteral ;nterpretation and.-.---
enforcement of ,,p,,ifi,d regulation is necessary to achieve compatib_ility and
uniformity of treatment among sites in the vicinity or to attain the objectives of this
title without grant of special privilege.
The effect of the requested v,rian,e on Iight and air, distribution of populatio^
transportation and traffic facilities, public facilities and utilities, and public safety.
aranting a variance:
1. That the granting of the variance will not constitute a grant o! special prMlege,
-
inconsistent with the Iimitations on other properties classified in the same district.
2. That the granting of the variance will not be detrimental to the public healyh_, safety
or welfare, or materially injurious to properties or improvements in the vicinity.
3. That the variance is warranted for one or more of the following reasons:
a. The strict Iiteral interpretation or enforcement of the specified regulation
would result in practical difficulty or unnecessary physical hardship
inconsistent with the objectives of this title.
b. There are exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance that doe not apply generally to
other properties in the same zone.
c. The strict interpretation or enforcement of the specified regulation would
deprive the applicant of prMleges enjoyed by the owners of other
properties in the same district.
V. STAFF RECOMMENDATION
Since this is a worksession to discuss the proposed variances at the Lodges at Timber
Creek, staff will not be providing a formal staff recommendation at this time. Staff will,
however, provide a staff recommendation at the time of final PEC review.
2.
3.
B.
f:\everyono\pec\mo mos\timborc.722
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UNIT GARAGE
TIMBER CREEK LODGES
"'i.[:::::::,rib,; |tffi I Iii ;
o
TO:
FROM:
DATE:
SUBJECT:
Applicant:
Planner:
MEMORANDUM
Planning and Environmental Commission
Community Development Department
July22, 1996
A request for a worksession to discuss, v,riance to allow detached garages in
the front setback, Iocated at 2853 and 2833 Kinnickinnick RoadiLots 7 & 8, Block
4, Vail Intermountain/Lodges at Timber Creek.
Jim Marx
Dominic Mauriello
I. DESCRIPTION OF THE REQUEST
The applicant is requesting variances to allow the construction of a detached parking gal:?ge
The request is to construct 6 garage spaces now and 4 additional spaces in the future. Two
specific variances are requested including a variance from the front setback requirement of 20'
for the Residential Cluster (RC) zone district and a variance from Section 18.14.040 Accessory
Uses which allows attached garages as an accessory use in the RC zone district.
The proposed garage is Iocated 12' from the front property Iine, (see the attached plan).
The proposal will ;mpact the existing number of parking spaces Iocated on-site by reducing 10
surface spaces to 6 enclosed parking spaces now and providing 10 enclosed spaces in the
future. Phase I of the Lodges at Timber Creek has 10 units requiring 20 parking spaces and the
site contains 26 parking spaces. Therefore, this Phase of the Lodges will have 22 parking
spaces (26 in the future) if approved. Phase II of the Lodges at Timber Creek has excess
surface parking.
The RC zone district requires that at Ieast one parking space per dwelling unit be an enclosed
space. The existing Phase I development is nonconforming with respect to this requirement.
The proposal will make this development Iess nonconforming and the second phase of the
garage request will make the development conforming with respect to enclosed parking.
Il. ZONING ANALYSIS
This analysis shows the Iimiting zoning paramete(s derived f(om either the.annexatio' agreement
or the RC zone district and the November t3, 1995 amended development plan.
Zoning:
ALLOWABLE/REQUIRED
Ske Area: 222,849 sq. ft.
Buildablo Area: t68,277 sq. ft.
GRFA: 45,169 sq. ft.
Density: 24 multi-family DU's
Height: 33 ft.
Site Coverage: 57,712 sq. ft.
Parking: 20 spaces'
Enclosed P.,king: t0 spaces
11/13/95 APPROVAL
nc
nc
:2,2:2sq.ft.
26.257 sq. t.
38,469 sq. ft.
:0 multi-family DU's
12 duplox DU's
4 TvDo IlI EHU's (Y2 unit eachi
24 DU's total
31'4" Lg. DU's
29'-4" Sm. DU's
24,445 sq. fi.
26 spaces (existing)'
0 spaces
PROPOSAL
nc
nc
nc
nc
nc
26,049 sq. ft.
24 spaces*
(26 spaces tuture)*
6 spaces
(:0 spaces future)
*Phaso 1 only.
Ill. ISSUES FOR DlSCUSSlON
Detached Garages
The applicant is proposing to vary from the RC zoning requirements which recognize only
attached garages as permitted accessory structures.
The staff ,,,,,rage, property owners to provide enclosed parking; Staff believes the
concept of a detached garage is appropriate for this zone district where structureS are
clustered.
Front Setback Variance
The applican, ts requesting a front setback variance to Iocate the detached structure
within 12' of the front property Iine (20' required).
Staff believes this request should not be approved. There is ample space or) the site to
Ioca,e the proposed s,ructure and meet a)f ;etbacks. The staff finds no h?r-dship of any,
kind affecting the I,,,tion of the proposeJ structure. Staff believes it would be a grant of
special privilege if this request were to be approved.
f:\everyona\pec\menlOS \timberc.722
0n-site Parking
The proposal will eliminate 10 surface parking spaces and provide 6 enclosed parking.
spaces for a net Ioss ot 4 parking spaces with the existing requgst. The.future-phas.e of
,his garage request will provide t 0 enclosed parking spaces tyi)h no net Ioss qf parking:
The site contains areas for surface parking, however, none of this parking is delineated.
The site ts currently in excess of the required parking and there!ore staff believes th9
-
proposal will not negatively impact the number of required pa''''!g.'p'g''.on:s;ta ?)q"
also believes that all of the surface parking Iocated on-site should be clearly delineated.
Landscaplng
The proposal will modify the Iandscaping Iocated on-site. The existing Iandscape..area
affected by the proposal is 780 sq. ft. The first phase of the garage (6 spaces) will
provide 1,774 sq. ft. of tandscape area (994 sq. ft. addition_al) However, the second
__
phase of the garage {10 spaces) will only provide 758 sq. ft of Iandscape a'ea (22 sq. ft
decrease). Therefore, the applicant, prior to final review, must provide either an
additional 22 sq. ft. of landscape area or provide an analysis of the Iandscaping Iocated
on-site. The code requires that 60% of the site be Iandscape area. Also, the applicant
has not provided a proposed Iandscape plan with this request. The proposal includes
some regrading within an area adjacent to a Iarge tree.
Staff believes a Iandscape plan, a Iandscape analysis, and a tree preservation plan
should be provided for final review by the PEC and the DRB.
Architeggural CompaffbJfJfy
The proposed structure contains some Iog elements and wood (Iog veneer) siding. The
Lodges at Timber Creek development contains Iog structures.
Staff believes the detached garage should be designed to be more compatible with the
existing structures on-site. The detached garage should be a log structure. Staff
believes that the PEC should recommend that the DRB to take a close Iook at the
architectural compatibility of the proposed structure,
Dumpster
There is an existing dumpster within this parking area which is not screened and not
indicated on the site plan.
Staff believes that this dumpster should be fenced and located within the confines of the
site. It should also be appropriately screened wi1h Iandscaping. The applicant should
include this item on the site plan and Iandscape plan for the site.
IV. CRrrERIA AND FINDINGS
The code criteria for the review of such a request are provided for your information. Since this is
a worksession, staff has not addressed the specific criteria.
A. Consideration of_Faetors:
t. The relationship of the requested variance to other existing or potential uses and
structures in the vicinity.
f:\everyone\pec\memos\timberc.722
The degree to which relief from the strict and Iiteral interpretation and
_
enforcement of a,pecified regulation is necessary to achieve compatib_ility and
uniformity of,rea,ment among sites in the vicinity or to attain the objectives of this
title without grant of special privilege. '
The effect of the requested variance on Iight and air, distribution of pqpulation,
(ransportation and traffic facilities, public facilities and utilities, and public safety.
granting a variance:
1. That the granting of the variance will not constitute a grant of spgcial privilege,.
inconsistent with the Iimitations on other properties classified in the same district.
2. That the gran,ing of the variance will not be detrimental to the pl,Ibli9 health: safety
or wdlfare, or ma,erially injurious to properties or tmprovements in the vicinity.
3. That the variance is warranted for one or more of the following reasons:
a. The strict Iiteral interpretation or enforcement of the specified regulation
would result in practical difficulty or unnecessary physical hardship
inconsistent with the objectives of this title.
a b. There are exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance that doe not apply generally to
other properties in the same zone.
. The strict interpretation or enforcement of the specified regulation would
deprive the applicant of privileges enjoyed by the owners of other
properties tn the same district.
V. STAFF RECOMMENDATION
Since this is a worksession to discuss the proposed variances at the Lodges at Timber
Creek, staff will not be providing a formal staff recommendation at this time. Staff will,
however, provide a staff recommendation at the time of final PEC review.
2.
3.
B.
f:\everyone\pec\memo s\timberc.72 2
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July 1, 199f
-.,, j....... '' | s
Do111inic Mauriello
PlaJming Dept.
Town of Vail
o
S.H.
Dear 'Tff:;,id,, this lotter in regards to a Plsluting and Bnrirol]men'a' Coml]liss'o",
-
tho remaining units in this project. We havo seen sou:e prelitrtinary ;
an owner and a1so thc. hcad of this projoct. We bavc some oonoom6 :1ff,f ::::!:t:ff'.:J
would 1ike conveyed to the Planning Comtilission. The fo1lowing an
tlleplausthatwehaveseelL
1,\7le are very interested itt seeing that tbe materials usecl i) T.y-g"'g1
ar::'tijfit:"
ma,erials used in,he rest of the project. 1:V, have used hand peeled chittk style Lodge pote pme
,ogs i,, all.f,h,,, units. Wo bave usof
sont_e_
s'ucco
'.1i'
it t1: !ffJ lll!nOI.0kJn:l:I]f]:f-
b,,,,sed,nl, eloso to tho ground..,hil, this trpe g{'os ;enstnfoti +"ffi rt:::tfJ
is very appeartng and has been usod exclus_ively in.tljs antire.pro)ffi We h_gvo uspd sl)ake.roofs
'' ' ""'' ""'bliatfiorthcunitsasv.dl.
2.The location of these garages also concems us. The preliminary plans show the garages
to bo right at the edge of tho drive into this projoct and if there was any rpof overhang they
wodd ac,ually projoct into thc entrance drive area. It is itnportant to us to havo a nice roomy
en,ranee,bt; this project, which does not look crowded (nf oraepd Tb!y slt_ot'f set 'ac|
abou, t0,..; closer to tho tennis courts in otr opinion. [tis woul{ mfc_c it safer for cars_
w't_en
they enter and exit tho projoot onto Ki,mi.ki,,,iik Road as wcll. Tho drivers vision of traffio on
Kinnicki,mick would be mnc1,,e,,er aJct preven' pu11ing out in front of 'traffie that migbt not be
seen becauso of the garagos blocking tbe view.
3.We are also eoncemed by what was to bo the seoond p'1a" of this g"'-'g' Pr'j:t'":
,e,ieve ,,a, i,,he proposed plan tt would dose down Ute drive_'o " unacceptable wid'l.ol' the
end toward the presently oonstructod lu;its. This end is wherc thc driveway ;tlm, almost 90
dograes and dlo-u!d not havu vision obstructod at this point.
Wo have gone to gr,a, lenghts to make this projcct foel vorv owa and tandscapod. We
;.,f,;:l';:,:::,l'!
in person but it just bapponod that botl:
'., q '4. =.b n 'o = la0 | | +
' " d==o --Sincerely, "
,b- &U
6tl, d.t., General 'Pedtct, The Lodges at Timber Creck.
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APPLICATION FOR VARIANCE TO BUILD A DETACHED GARAGE WITHIN A SETBACK
2833 KINNIKINICK ROAD
Ill. ADJACENT PROPERTY NOTIFICATION
,-{q'
C/O FINANCE DEPARTMENT
TOWN OF VAIL
15 S. FRONTAGE ROAD W.
VAIL, CO 81657
MR. AND MRS CHARLES O0ILBY
2938 S. FRONTAGE ROAD WEST
VAIL, CO 81651
COLUMBINE NORTH CONDOMIUM ASSN.
C/O VAIL BOOKKEEPING AND ACCOUNTING
P.O. BOX 5940
AVON, CO 81620
INSBRUCK MEADOWS
P.O. BOX 4205
VAIL, CO 81658.
ATTN: JANE BOURNE
WEST RIDGE CONDOMINIUMS
MR. ANDY C. WALLACE
MS. NANCY SHAPIRO ADAMS
P.O. BOX 1966
AVON, CO 81620 '
MS. ANN HOWIE
3600 HOLMES
KANSAS CITY, MO 64109
LODGES AT TIMBER CREEK
C/O MR. STAN COLE
ffi7.7 TIMBER CREEK DRIVE
VAIL, CO 81658
1 FILE C0!"
TOltVN 0F VAIL
75 South Frontage Road
Vail, Colorado 81657
970-479-2138/479-2139
FAX 970-479-2452
June 2l, 1996
FcffSD
Department of Community Development
JimMarx
1641 Downing Street
Denver, Colorado 80218
ViaFax303-86l-8565
RE: A variance request to allow for detached garages in the front setback at the Timber
Creek condos.
Dear Mr. Marx:
This letter is a follow-up of our telcphone conversation on June l9, 1996, regarding your variance
request. As I understand it, you have now requested a worksession with the Planning and
Environmental Commission in order to discuss the variances. At this meeting, no formal action
will be taken on the request, however, the Board will give you general direction as to whcthcr it is
an item tbat can bo approved. My understanding of the request is that you are applying for a
setback variance in order to construct detached garages on the sito. You are requesting a front
yard setback of 12', where 20' is required. The RC Zone District requires that garages be attached
to the main structures, therefore, detached garages will also bc part of the request.
At your request, I havo scheduled this item for the July 22, 1996 mecting of the Planning and
Environmental Commission. Please note that you were able to gct on the agenda of Ju1y 8th, but
you requestcd it be moved to a later date.
Prior to the final review of this request by the Planning and Envirotunenta1 Commission, please
provide the following:
1. 0n the survey submitted, the professional engineer's stamp is not legible. Prior to the final
hearing, please provide a copy which clearly shows the seal of a registered surveyor.
2. Please provide an indication of the number of existing surface and enclosed parking spaces
on the site. Also indicate the number of parking spaces lost, due to this request. Please
provide this information prior to the final review of the variance request.
o RECYCLED PAPER
d& w"
t:I
iK A
staff supports the concept of detachod garagcs, !oweven we
_do "''
support a front se,back variance. We feel this structure could be reworked to comply with the
DFMzjr
cc: Bill Sargent
Crossroads Realty, LTD,
P,0. Box 1292
Vai1, Colorado 81658
ViaFax479-9534
setback requirements.
If this request is approved by the Planning and Environmental Commission, the Design Review
_
Board (DRB) must then review the design of the structure, at which timc you will need to submit
a DRB application. If you l,ave any questions, please feel freo to call me at 479-2148.
Sincerely, "
/OJiffi..J-c
Dominic F, Mauriello, AICP
Town Planner
June 3, 1996 ' IO\l'{Oi,'ii\lt,!J[ijji.
Mt, Jim Cumutte
Planner
Town 0f Vail
15 South Frontage Road
Vail, Colorado 81657
Dear Mr, Curnutte: '
'ursuant 'o
our recont discussions, this letter wi11 certify that a representative of TimberCreek Lodges ttnd me, Ch;uck Ogilby, are entering into meaningfu1 discussjons in an*""'P" f ""'w otu differences relating to the proposed garage-unit devd'opment atTimbct Croek I-,odges.
This document was entorcd into for tha benefit of the Timber Creck CondominiumAs)o;iation and should be noted as my undcrstanding that we are attemptin; to progressand discuss the doficiencjcs, as we see thom-
If you have any questions, please do not hesitate to contact tho undersigned.
Sincerely,
Caa;uc (},,.,,
Chuck Ogilby /
LJM/pst Ar ;_-"" _ r' VUl"-'ra€ _ ;
.-",;ffi"'"',,.!],
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THIS ITEM MAY AFFECT YOUR PROPEnTY
PUBLIC NOTICE
NOTlCE,S HEREBY GIVEN that the Planninq and Enviror[m-e-nt-algo!11n]'-']"! qf t(ffiry,oj,_
VaiI will hold a public hearing in accordance with Section 18.9-6-ff-0.of !: tttni.:hal ':''
of the
Town of Vail on Maroh fi, 1996, at 2:00 P.M, in the Town of Vail Municipal Building. In
consideration of:
A request for a residential addition, utilizinq )h_q ?50 Ordilila[lce, t.o !ll3"Jr"] e)ggqff|]?fi.
existing single family residenqe Ioca,ed a, 2299 Chamonix tane/Lot 7, Block A, Vail Das Schone
Filing #1.
Aoolicant: Frank D. D'Alessio
Pi€inner: George Ruther
A reouest tor a CCII Maior Exterior Alteration at Gotthelf's Gallery Iocated at Village Center, t22
EasdMeadow Drive/Bl,;k 5E, Vail Village 1st Filing '
Applicant: Fred Hibbard, represented by Pam Hopkins
Planner: George Ruther
Applicant:
Planner:;tanetyGteuder 0,A,;.Jl/K /d4U
A request for proposed amendments to ^"""'q? sections 91.Th9 Town 3' V,3.il MUnid-pa\9?f!
including but not Iimited to Titles 2, 16, & t 8 to di.,, for modifications to the Sign Code and the
Design Review Guidelines.
Aoolicant: Town of Vail
PiEinner: Randy Stouder
A request for Site Coverage, Front Setbagk, Sjde Setbaak_aqd ?enl'ly J,![HP' t?H'?]^J3:-"'
additim, to the building Iocated at t 845 West Gore Creek Drive/Lot 21, Vail Viltage West Filing
No. 2_
Applicant: Ted Smathers, represented by Brent AIm
Planner: Jim Oumutte
A request for a change to the Town of Vail Survey Policy relating to calculating building height.
Applicant: Town of Vail
Planner: Lauren Waterton
Sion lanouaae i,te,pret,ti,, available upon request with 24 hour notification. Please call 479-
2r14 voiGe 6r 479-2356 TDD for information.
Community Development Department
Published February 23, 1996 in the Vail Trail.
t--1-.=4aDlll4.
Dear Jim :
Enclosed is a copy of the only Easementof through the Timber Creek property.for the construction of the B Building
PROPERTY MANAGEMENT
Xay 24, 1996 Hand Delivered
Mr. Jim Curnutte
Town of Vail
75 S. Frontage Road WestVail, CO 81657
RE: Proposed Garages - Timber Creek ttodges
of Record that I am aware: believe that this allows(Units 5 through 10) whichwas accomplished years ago.
A copy of this was previously sent
1996.
to Randy Stouder on March 30,
Mr. Ji-m Xarx, a Director of the Timber Creek Lodges, would 1ike tomeet with you Tuesday raorning. Please ca11 and confirm a time ifthis is possible. Thanks.
Sincerely,
Bill Sargent
Managing Agent
Tirnber Creek Lodges _ __ _._
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P.O. Box 1292, Vail Colorado 81658 / Crossroads Shopping Center/ l43 E. Meadow Drive- Suite 391A
970-476-4300/FAX 970-479-9534
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Colorado cvtrnoratlon, |\F dcclaranff undor Condomlnlum Doela-
latlon for Vr.j1 :nt.clnloullt.l[rl.ql71n and Tcnnjr, c'1ub rc\coLclcd
tn hook 29B at prqo 15O, Hag!o County recordr I"Crantor'),
whooe addrej;F 1a 2983 So. I'ront|lgo Poacl, Va1J, C'olorado
B1657, to TPJilIrRN :NVESTHnNTS, LTD.l a Colorado eorporatlon
ar.d S.U. COLn CONSTnlJe'rlON CO}:PAN:', a Colorado corporatSon
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Crantor, for v,lltlabic eonfiidcratlon, the reeolpt
and sufflelency of v/llicll l3 hf!reby acknol?ledgcd, act{ng
purnunnt to paragraph 29 (f) cf tho aforosaid Condomlnlum
Doelaratlonl hercby solla and convoyq to Grantee a perpetu
a1; noreexeludvo oaoomcnt and rlghfiof+.tay ovoI' acrosa and
egro:s rubjoet to thc ternn ar.r! eondltlons set forth below.
nranteo neknowlodgr:n that the rrtscment ls subjnet
to the follGwirq terms,lllc1 conclitlons:
). PurnoslL,. Thc P.;)gctpg)t. 1s for use ao pedestrJ-
an and vohieular nceess tfi nr.d ngrnnr rrom and to provide
utlfifJen to tho re:J property !oeated to tho north-eact of
Va11 Intormount.aln Swlm nt4cl l'oltnls Cltlb rnndomjllitlms Pha9e
n BuJJd|pg B as flled for rceord under reetoption nunther
2:n'}81, Clork & hccnrclcr nr 1:.11.1]0 Coullt}I.
2, eer-nttttJ:n--a-n-rLn-tad.u Crantor qrants to
Cr.nr.tee thc riqht tu entcl' up'm the abovo dcoertbod landn
for tho purpnse of It:m.tlht:an, rttpalr, rnpl.tcemtmt,
)I,r,,fl\lll] 0l^ rllll(\l-1Ji.4{:. {;: ll.'flI :'llrlllor ljrants to Cr,-l.r.tt=r t11e
riqh+ ro urr' so rurh of -lm nrfirtlnlng Jnt.d nf Ct'ADtOL' ar.
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rrJmnve nald faelJttics. '
3. Pestoratlon, Grantou r.hall rustr,re the
subjeet landa to nriglnal eonditlons anrl rhall repair ilny
damagn to adjoining land or otructurcs ac a rcsult of cajd
constructlon, malntenance or removAl,
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GRANTORI
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flrst above written.
S.H. COLE CONSTnUCT:ON, 1NC.,a1so known afi S. H, Co1oConstructlon Comp&ny
t,rrlz.)'tJBy.).lt. U'U [4L&llJAA
-as deelarant undor
Condnnj.nlum Deelaratlon for
Va11 :ntermountaln Sw1n andTennlfi C1ub reeorded in book298 at pagc J50, Eagle County
necord.n.
;ay comntission c::p i ren t s-L-J9Ql_._----- __ '
l]lJt-ar\4 Pull] jc
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C'OUNTY c)P EACI E
Thn foreqoing ir,strumn:e u'ar acknnwledged btlfore '
mc by '&_ggles fiLlJ)Ji---_ as prcridcnt and
__Jfi;tlLlhtt_._ a5i fleqrctary of TnAlmRN.n.'VHSTNf:ljTS, LTD.,rd-oTn:fiarEG-iFF.l tj j hii, }' laor: n?ant undor the Condomini unDcclaratlon for \'a11 Jntcrntount.11n Swin P.nd Tcnnts C1ubrceorded in book 298 at p;:qc 150, F!,n!e County recorder,this 29th day of Jllnl"ry, 1987.
9.'ltnos.q m:i I :lr.c],1ncl ot'f ' i..] r.na].
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ror:ordod in book 290 ;tr, paqc 150, Baqlo eounty roeordtr, this27th day of January, \981.
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Tho foreqojnq in::trument uan aeknowlndgcd bdore
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Illt.nen.fi r1i' !1.,n{1.1r.f! ofrjca].q.1 fica1.
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F''P'''"'", th1s 29th day ol Janu^'y, 1O8;.
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Anti;fi, uEV, 0[P',PROPERTY MANAGEMENT
May 16, 1996
Mr. Jim Curnutte
Community Development
Town of Vail
75 S. Frontage Road WestVail, C0 81657
RE: Timber Creek Garage Proposa1
Hand delivered
Dear Jim|
Attached are two sets of the revised drawings, including the fu11site contour drawing requested by Randy Stouder, for the 6 unitgarage addition to the Timber Cree)c I,odges.
Please give me a call and inform me of the approval process fromthis point forward. Thanks.
Sincerely,
Bill Sargent
Managing Agent
Tintber Creek Lodqes
P.O. Box 1292, Vail, Colorado 81658 / Crossroads Shopping Center/ l43 E. Meadow Drive, Suite 391A
970-4764300/FAX 970-479-9534
; h:;t F o
fi,{ffi
C/O FINANCE DEPARTMENT
TOWN OF VAll-
'l5 S. FRONTAGE ROAD W.
VAIL, CO 81657
MR. AND MRS CHARLES OGILBY
2938 S. FRONTAGE ROAD WEST
VAIL, CO 81657
COLUMBINE NORTH CONDOMIUM ASSN.
CiO VAIL BOOKKEEPINO AND ACCOUNTING
P.O. BOX 5940
AVON, CO 81620
INSBRUCK MEADOWS
P,O. BOX 4205
VAIL, CO 81658
ATTN: JANE BOURNE
WEST RIDGE CONDOMINIUMS
MR. ANDY C- WALLACE
MS. NANCY SHAPIRO ADAMS
P.O. BOX 1966. AVON,CO 81620 '
MS. ANN HOWIB
3600 HOLMES
KANSAS CITY,MO 64109
LODGES AT TIMBER CREEK
C/O MR. STAN COLE
9&77 TIMgER CREEK DRIVg
VAIL, CO 81658
APPLICATION FORfRIANCE
" BU[LD A DETACHED GARAQ\UTJ]rN A SETBACK
2833 KINNIKINICK ROAD
Ill. ADJACENT PROPERTY NOTIFICATION
ffi, o' W/
FILE 00PY
75 Souih Frontctge Roa/ I Department of Community Development
Vail, Colorado 81657
9 70-479-2l 3 8|4 79-2/3 9
FAX 970-479-2452
February 23, 1996
Bil; Sargent
Crossroads Realty, Ltd.
P.0. Box :292
Vail, Colorado 81658
Fax # 479-9534
Jim Marx
Marx Okubo
Okubo & Associates, Ltd.
1641 Downing Street
Denver, Colorado 80218.
Fax # 303-861-8565
:: RE: Variance request to allow for detached garages in a front setback at the Timber
Creek Condos
Dear BiII and Jim:
I have received comments from the Fire Department and the Department of Public Works. Both
departments indicate a desire to have a more detailed site plan. The site plan that you provided
in support of the variance application, is only a partial site plan. \Ne would Iike to see a new site
plan drawn over the existing conditions inforrnation depicted on the survey from Backland &
Associates. This would allow for a more thorough review of the impacts of your proposal on the
surrounding neighborhood and the public way.
o The Fire Department would like information on the location of the nearest hydrants in both
irections along Kinnickinnick Road- A note on the site plan specifying, the distance to
he nearest fire plugs would be sufficient.
o The survey you submitted was not stamped or signed, We need a stamped, signed and
dated survey.
o The Department of Public Works indicated that the drive lane width proposed adjacent to
the garages needs to be a minimum 22' wide.
BiII and I spoke earlier today regarding the submission of additional drawings in support of your
idea to propose the project in phases. Phase I would be construction of a six-bay garage as I
understand it. Phase II would be the construction of an additional four-bays attached to the end
of the six-bay garage for a total of ten-bays in a single garage structure.
{} RECYCLEDPAPER
If you wish to gain approval for both phases, I will need a full set of drawings for each phase
-
including: 1) a site plan, 2) elevation drawings and 3) a Iandscape plan. If you wish to gain final
approval of Phase I only, a site plan, elevations and Iandscape plan for the six-bay garage would
be suffident with an additional conceptual site plan indicating that Phase Il would involve adding
on four more garage bays. If you provide full sets of plans for both phases, there is a possibility
that the F'Ianning and Environmental Commission (PEC) could review and approve both phases
at their meetings in March,
BiII and I also discussed the public meeting schedule. I reaffirmed with him that we do not need
to go to the Design Review Board, initially, with a request for a separation of structures. Staff
reviewed the code regarding this matter and found that this step is not necessary. Thus, I have
scheduled you for a worksession with the PEC on Monday, March 11, 1996, at 2:00 p.m. Please
ptan on attending that meeting and having the Iocation of the garage staked out by a surveyor at
Ieast one week prior to that meefing. Staff will conduct a site visit and review the proposal prior
to the March 11, 1996 PEC meeting.
At the worksession on March 11th, the PEC will review your application for a variance to
encroach into the front setback and will make a determination as to whether they feel this is
appropriate or not. They may also give detailed feedback on site planning, Iandscaping and
access issues. If the PEC gives a favorable response regarding the garage Iocation in the
setback, we would proceed to a final review with the PEC on March 25, t 996.
I will need three sets of revised plans, incorporating the Public Works and Fire Department
comments, submitted to me no Iater than February 27th by close of business, or February 28th
by 8:00 a.m. This will allow me to route the revised plans to the Fire Department and Department
of Public Works at our Wednesday Design Review Team meeting at 9:00 a.m. If you have any
questions regarding this matter, please feel free to call me at 479-2150-
Sincerely,
Randy Stouder
Town Planner
RS{r
cc: Susan Connelly
/\
02-08-1996 al:B'3PH FR0H CP.DSSROnDS REALIY LTD.T0 4'/gZ45Z P. u-a
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fr tbe
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TOTnL P. B2
:
llEMORANDUM
Lodges at timber Creek File
Rand)rStouder
1/22/96
DRB and PEC consideration of minor ehange to
color scheme and phasing plan
On 1/17/96, at the orientation portion of ttte meeting the DRB
agreed that the two different trim color scttemes could be
alternatecl throughout the project without adding new color schemes-
'rhis was a departure from the intia1 approval of the projcet which
contained the condition that eacla phase be trimmed out with
different colors, similar to several other ntulti-structure projects
throughout town. The planner should ensure that the same color
scheme is not repeated side by side.
Also, on 1/22/96, at the project orientation portion of tlte PEC
meeting it was agreed that the owners could, at their discretion,
build units 17- & 18 before tttey build units 15 & t6, as long as the
trigger remains in place to provide for 'rCO issuance on two
employee units prior to tco issuance for ttte last two larger duplex
units. rf the owners go with the construction of units 17 & 18
next summer the PEC condition of approvaJJ would need to be modified
by the planner, prior to the isuance of a permit for these units.
T0:
FROM :
DATE:
RE:
r f
P 1
FILE 00PY
T0WN 0F VIIIL
75 South Frontage Road
Vail, Colorado 81657
970-4 79-2 1 3814 79- 2 1 39
FAX 970-479-2452
November 20, 1995
Chuck Ogilby and Stan c.i.
S.H. Co1e Construction
2897 Timbercreek Drive
Vai1, CO 81657
Department of Community Development
RE: Lodges at Timbercreek Development
Dear Cbuck and Stan:
0n Novomber l3, \995 the Planning and Environmental Commission (PEC) approved your request to amend the
development p1an for the Lodges at Timbercreek. The PEC approved alt the requested chattges including:
1. Aslight shift in the location of Units I5, 16, A&B;
2. An increase in GRFA, site coverage, and height for Units t\ through F;
3. A minor dccrease in tho amount of patking provided; and
4. A chango to the approved phasing p1an.
Items one through threo above were approved as requested and as ,,,,,,,,fi.d in the memorandum to the PEC from
the Community Development Dopartment dated November l3, 1995 (copy attached). Your rcquest to amend tho
phasing plan was approved in a slightly modified fonn than requested artd the ncw phasing p1an is as follows:
Tcmporary Certificate of Occupancy's (TCO's) must have been issued for two smaller duplex units (deed
resticted as Typo III Employeo Housing Units) prior to any TCO's being grattted for Units 17 and 18.
Units A and B would be the final units constructed. When they are constructed they would also bocomc
deed restricted Typc III Employee Housing Units. Deed restrictions are signctt pridr to issuance of building
permits, per normal Towa policies.
I have reactivatod your building permit application for Units l5 and 16 based on tho PEC's action above. Please
expect up to threc weeks for proccssing of these permits as wo bave not reviewed these plans previously. If you do
not wish us to proceed in reviewing these permits, please ca11 me immediatoly.
If you have any questions regarding this matter, please fee1 free to call mo at 419:21 50.
Sincerely,
F-4 f#{
'Randy Suiudcr
Town Planner
Enc,
ffi RECYCLEDPAPER
. MEMORANDUM
_ TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: November13,1995
SUBJECT: A request for an amendment to previously approved development and phasing "' :
plans at the Lodges at Timber Creek, Iocated at 2893 and 2897 Timber Creek
Drive/a portion of the SW 1l4 of Section 14, T5S, R81W of the 6th P.M., Town of '
. Vail, Colorado.
D, Applieant: S.H. Cole Construction (Chuck Ogilby and Stan Cote)' ''
Planner: Randy Stouder
I. BACKGROUND
- In 1979, Eagle County approved a development plan for the subject property. The Town of Vail: annexed the property by Ordinance t3, Series of 1981, and the property was zoned Residential- Cluster (RC). The annexation agreement allowed for 24 condominiums arranged along Gore- Creek as shown on the Eagle County approved development plan. The agreement also stated
that any major modifications to the Eagle County plan would require the Town of Vail's Planning
and Environmental Commission (PEC) approval.
The first portion of the project was constructed torowing the Eagle Countr development plan,
and was named the Vail lntermountain Swim and Tennis Club. It was renamed recently, and is
now known as the Timber Creek Condominiums. The Timber Creek Condominiums include 10
mt;fti-family units fn two buildings with surface parking. In late t993, the applicanfs approached
the PEC and requested approval of a revised development plan. On January 10, :994 the PEC
approved the requested changes to the Eagle County development plan..
The revised development plan would build-out the project with t 6 additional.nits arranged in
duplexs, 4 of which would be deed restricted as Type III employee hdusing units (EHU's). Thus,
the project would have a total of 26 units when completed. However, for zoning purposes each
Type III EHU counts as Vz of a unit. Thus, the zoning density of the built-out project would be 24
units, and would be equal to the zoning density of the original development p!an. The applicant's
gained the ability to build 2 additional units by agreeing to deed restricted EHU's. A phasing plan
was approved that would sequence in the construction of the EHU's as differGnt phases were
completed.
Attachment A of this memorandum is the 1994 PEC approved development and phasing plan.
o
Il. DESCRIPTION OF THE REQUESTS.
The applicants are now requesting that the PEC approve the following changes:
A) A change to the approved phasing plan;
B) Aslight shift in the locations of Units 15, 16, A and B;
'
C) An inerese in GRFA, s;ie coverage and a' height for Units A thru F; and
D) A minor decrease in the amount of parking provided.
Units 1 1, 12, 1 3, 14, G and H have already been constructed: On October 9, t 995 the applicant
subfnitted a building permit application for Units 15 and 16. Staff rejected the applicants' building
permit applicatiOn since Units 15 and 16 are a part of Phase IIl of the development. According to
a PEC condition of_approval, the applicants must dedicate 2 EHU's prior to the issuance of a
building permit for any units in Phase Ill; The applicant does not wish to deed restrict the
existing units G and H, thus, staff could not issue the requested building permits.
!. ' ' i I ' ' ' ' i. ' ' ' i ; . '.
The applicants wish to revise the phasing plan as follows. Units 1 5, 16, E and F would be
constructed next summer. Units 17, :8, C and D would be built in the summer of 1997. When
the permits are pulled for Units C and D, the applicants would sign deed restrictions for these
units. The applicants are not sure that they will build Units A and B, but if they do, these units
would be deed restricted, so that the total project density would not exceed the original density
approved by Eagle County.
_
Ill. ZONING ANALYSIS
This analysis cornpares the current proposal with the January 10, 1994 PEC approved
development plan, and the Iimiting zoning parameters derived from either the annexation
agreernent or the RC zone district.
f
JI' h
ShoArea:
BuiidableArea: 16eb277sq.fi.
GRFA:4Si,169 sq. fL
Density: 24 mullPfamily unhs
Hoight: ' 33 t
SltoCovomga: S7.P12sq.ff.
'12.212sq.
fi. (e;dsdng mulffamily} 12,212sq. fi.
CURRENT
PROPOSAL
?Lffisq.fi. (+ 1,233sq. iL)
38.1[69 sq. ff.
24 total unils
31'6" Lg. unils
29'4" Sm. unils (+ 1'8'1
24:445 sq. n, (+ m sq. tt)
86 spaces (- 3 spas)
AMlIEXATION AGREEMENT
REZONING (ALLO\VABLE) 1fi0/94 PEC PLAN
22a,849 sq. fi. ""
25.024 sq. fi. (duples}
1l,?3B sq. fi. 1o1al
lOmulli-familyunhs
12duplexunils
4TvDe III EHtrs (1l2 each1
24 unhs 1o1d
31T' Lg. unib
27'8- Sm. un'ns
24.101 sq. ff.
Parklng: 52:spaces. 89 spaces approved
56 spaces required
' 3 wrface spaes h dn'vel=ays were Ios1 due 1o shiffing of ul*s loward 1ho oul.de.sao.
l- \
|
IV. STAFF RESPONSE TO THE PROPOSED AMENDMENTS TO THE DEVELOPMENT
ELAN
A. PHASING PLAN
The PEG approved a phasing plan with the development plan amendments of 1994. That
phasing plan was devised to trigger the construction of deed restricted, Type IlI EHU's. The
approved phasing plan is as follows (see attachment A) :
Phasel =11,12,GandH
'.
Phase II = 13, 14, Eand F '
Phase IlI = 15, 16, C and D
Phase lV = 17, 18 A and B
The applieants have qonstructed four of the larger units (11, 12, 13, 14) and two of the smaller
units (G and H). Aocording to the approved phasing p!an,the next units to be constructed would
be E anct F. The applicants now want to continue construction with units 15, 16, E and F_
However. Units 15 and 16 are a part of Phase llI and the issuance of permits fo( these units.
kick9-in the requircmen( to "dedicate" or deed restrict 2 of the smaller units as EHU's.
The applicants do not wish to deed restrict any units as EHU's at this point. They feel that the
original intent of the phasing plan was to ensure that Units A, B, C and D were deed restricted.
They do not feel that deed restrictions are appropriate until such time as these units are
proposed for construction. Thus, they propose to eliminate the phasing plan altogether, and
deed restrict Units A, B, C and D when and if they are constructed. The applicants also feel that
only the Type llI EHU deed restriction conditions' that were in effect at the time of 19.94 PEC
development plan approval should apply when it is time to sign and record the deed restrictions.
They feel that any changes to the deed restriction conditions that occur after the 1994 PEC
approval should not be applied to their restricted units.
Staff disagrees with the applicants' interpretation of the original intent of the phasing plan. We
feel that the intent of the phasing plan was to ensure that 2 of the 4 Units E. F, G or H were deed
restricted, along with Units A and B if they are built. Thus, staff feels that the applicants rnust
deed restrict the existing Units G and H, or sign deed restrictions for Units E and F and pull
permits for these units at the same time as the perrnits are pulled for Units 15 and 16. Staff feels
that this is the only way to ensure the tirnely construction of at least 2 deed restricted EHU's.
Staff also disagrees with the applicants regarding what deed restriction conditions should apply.
Staff believes that the applicants must comply with the deed restriction conditions that are in
effect at the time that the deed restrictions are signed and recorded.
B. BUILDING SHIFTS
The applicants wish to shift Units 15 and 16 two feet to the south to allow for Iarger decks on the
creek side of these units. Currently, the floodplain and landscaping restrict the applicants' ability
to provide Iarger decks behind these units. Staff previously approved a 1-foot shift to the south
for Units 13 and 14 to allow for Iarger decks behind these units.
3
o o lii._.t
The applicants also seek to shift Units A and B four feet to the north, so that these units can be
enlarged (see attachment B) without interfering with the recorded utility easement that runs
beLween Units B and C. Stqff has no problem with these proposed changes.
C. GRFA. SITE COVERAGE AND BUILDING HEIGHT INCREASES.
The applicants wish to raise the roof height, add third-Ievel Iofts and deepen the footprint of the
remainder of the smaller units (A thru F) by 2 feet. The height increase proposed is 20 inches or
2 Iog courses. GRFA would increase by 1,233 square feet, Site coverage would increase by
344 square feet. The proposed GRFA additions and building shifts would elimihate 3 surface
parking spaees in driveway areas. According to the zoning analysis, the project is well below the
zoning allowances for GRFA, site coverage, and height. Thus, staff has no problem with these
proposed changes.
D. PARKING PLAN CHANGES
The building shifts and enlargement of the smaller duplex footprints outlined above, result in the
Ioss of usable parking spaces in front of 3 units. The Iost spaces were marginally acceptable to
begin with, and their loss will have little effect on the project due to the excess parking that the
development plan conta:ns, Staff has no problem with these proposed changes.
V. STAFF RECOMMENDATIONS
Staff recommends approval of the applioants' request to shift the Iocations of units 15, 16, A and
B. Staff recommends approval of the applicants' requests to increase the GRFA, site coverage
and building height of units A thru F. Staff recommends approval of the applicants' request to
amend the parking plan. Staff recommends denlal of the applicants' request to amend the
phasing plan and EHU deed restriction requirements.
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Greg Moffet asked what percentage would be full members in the dub.
Glen Heelan said that 10 percent would provide the economic affordability to be able to do this
club.
Greg Moffet said that he would vote for it.
Greg Amsden mentioned that The Club across the street charges a fee- He would like to see
some assurance that it stays public.
Glen Hee!an again said by Iaw, getting a Iiquor license requires public access.
Greg Amsden said he understands Jim Lamont's horizontal zoning argument.
Glen Heelan said this was not a private dub and Club Chelsea in the Red Lion is coming before
the Board soon. Our club won't charge $20.00 per drink, but it needs to make economic sense.
Bob Armour said there is a reason that "dub' is not Iisted tn the CCI district. The answer isn't
clear and Bob would Iike to have Tom Moorhead render an interpretive opinion.
Jim Lamont said there w;ft be continued pressure to convert in the future if this passes. If we
are moving down the track towards this, then we need to revisit the horizontal zoning issue.
Glen Heelan asked when Tom Moorhead would have a written opinion.
It was thought that possibly by the next meeting.
Jeff Bowen made a motion to table the request until the next meeting and also to receive a
memo from the Town Attomey regarding horizontal zoning.
Greg Moffet seconded the motion.
lt passed unanimously by a vote of 5-0.
6. l\ request for a worksession for modifications to the approved development and phasing
plans at the Lodges at Timber Creek development located at 2893 and 2897 Timber
Creek Drive/Lodges at Timber Creek.
Applicant: SH Cole ConstructionPlanner: Randy Stouder
Randy Stouder gave an overview of the request and said the main issue !or discussion is the
phasing plan per the memorandum. The remaining request/changes to the development plan
met all zoning requirements and were being supported by staff. The applicant wants to be
relieved of the phasing program. Staff feels the PEC should support the original phasing
approval, since it would trigger the construction of deed restricted EHU's sooner, instead of later.
Bob Armour asked if the applicant got more units out of this project by agreeing to the EHU
restrictions.
Stan Oole said yes, we got 26 units, instead of the originally approved 24.
Planning and Environmenlal Commtsston. Minutes
November 13, 1995
Bob Armour asked if the two existing rental units could be deedrestricted. That might solve the
problem-
Stan Cole said that he did not want to deed restrict the existing two units. One of which is
currently rented to someone who would not be eligible as an employee.
Bob Armour said when this came through the first time, 1he EHU dedication was tied to Phase lII
building permits.
Stan Cole stated that he wanted to deed restrict the 5th and 6th small units when they are built
and no EHU's would be dedicated until such 1ime.
Kathy Langenwalter, acting as an agent for the owner, said there was discussion about 2 Iarge
and 2 small units being a phase. AII that is happening now is that 2 Iarge units is a phase. The '
intent of the 1994 phasing plan was that 8 units must be out there before the deed restricted
units:qre required. We are asking for building permits for the 7th and 8th units..
Stan Cole said Randy is worried about not getting any small units deed restricted until the end of
the project or maybe never if the developer walks away from the project. The original phasing
plan has not been followed and therefore, the construction of the EHU's is being delayed. This is
not desirable.
Randy stated that the applicant should sign a' deed restriction and pull building permits for 2
EHU's now, along with the permits for Units 15 and t6. That would result in 8 free market with 2
deed restricted to be built next summer.
Kathy Langenwalter stated that restricted units could change per Kristen Pritz and Shelly Mello,
as the planner gives flexibility in the process; change from the original restricted unit to another
free market unit if desired.
Jeff Bowen doesn't care how the phasing is done; but wants 4 deed restricted units.
Greg Moffet is concemed that the 8 Iarge units will be built and then the developer will walk
away.
Stan Cole stated that only two units were required to be deed restricted, not four. The extra two
would be restricted only if and when they were built.
Greg Moffet said the idea was that phase 3 would have 2 Iarge and 2 smaller, deed restricted
EHU's and during phase 4 it would be the developer's option as to whether to build 2 or 4 units,
with 2 units restricted if 4 units are built.
Greg Moffet suggested deed restricting the current units now,
Stan Cole said that only one of the units qualifies as an employee unit due to 1he occupant. We
do plan (o build two small units with the next two big units.
Henry Pratt suggested requiring the issuance of TCO's for 2 deed restricted units before a TCO
is granted on Units 17 and 18-
Stan Cole asked what guidelines we would fall under.
Planning and Environmenlal Commlsslon
Minutes
November 13, 1995
J qI
I
Randy stated that when deed restrictions are physically signed, tha1 the restrictions in place at
that time would be the restrictions executed and recorded. This is the current Town policy,
Henry said the normal Town policy would apply to this development.
Stan Cole said you are discouraging people from building employee housing units with this policy
and this may prevent us from building the Iast two small units.
Henry Pratt made a motion for approval according to.the staff recommendations with the
exception of approving the phasing plan subject to the following requirements:
That two EHU's be constructed, with deed restrictions in place and TC0's issued, so ihe
units are habitable prior to TC0's being issued for Units 17 and 1 8.
Randy Stouder said the Iast two buildings were optional, but if 1hey are built, they aiso need to be
deed restricted EHU's.
Henry Pratt amended his motion to indude Randy's statement.
Jeff Bowen seconded the motion.
It passed unanimously by a vote of 5-0.
7. A request for a worksession to discuss amendments to the Town of Vail Municipal Code,
Chapters 16, t8 & 2 to allow for modifications to the Sign Code, Design Fieview,
Commercial Core l, Commercial Core II and Supplemental Regulations.
Applicant: Town of VailPlanner: Randy Stouder
Susan Connelly gave an overview of proposed modifications to the Design guidelines. She
stated that we are Iooking for opportunities to become more efficient. There are three types of
proposed modifications:
1. SIGN CODE, Staff proposes the following modifications to the Sign Code:
a) AlI signs would be approved by staff.b) Sign programs and appeals of staff actions would be reviewed by the DRB.c) Sign variances would be heard by the PEC, just as all other code variances are.
2. DESIGN REVIEW (ZONlNG CODE). Staff proposes the following modifications to the
Design Review chapter of the Zoning Code:
a) Eliminate the requirement that the DRB meet twice a month, allowing the DRB to
meet just once a month if the application Ioad warrants.b) Provide for staff approval (subject to DRB call-up) of all applications for design' review except new eonstruction, demo/rebuilds, major commercial remodels, and
sign programs.
c) Eliminate DRB review of projects that are reviewed by the PEC, such as SDD
amendments and CCI and CCll exterior alterations. The PEC would review these
projects for conformance with design guidelines.
Planning and Environmemal Commission
Minules
November 13, 1995 10
\
a
t TmiJn
T0:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Community Development Department
November 13, 1995
A request for an amendment to previously approved ddvelopment and phasing
plans at the Lodges at Timber Creek, Iocated at 2893 and 2897 Timber Creek '
Drive/a portion of the SW 1/4 of Section 14, T5S, R81W of the 6th P.M., Town of
Vail, Colorado.
Applicant: S.H. Cole Construction (Qhuck Ogilby and Stan Cole}Planner: Randy Stouder
I. BACKGROUND
In 1979, Eagle Oounty approved a develoljment plan for the subject property, The Town of Vail
annexed the property by Ordinance t 3, Series of t 981, and the property was zoned Residential
Cluster (RC). The annexation agreement allowed for 24 condominiums arranged along Gore
Creek as shown on the Eagle Oounty approved development plan. The agreement also stated
that any major modifications to the Eagle County plan would require the Town of Vail's Planning
and Environmental Commission (PEC) approval.
The first portion of the project was constructed following the Eagle County development plan,
and was named the VaiI Intermountain Swim and Tennis Club. lt was renamed reeently, and is
now known as the Timber Creek Condominiums. The Timber Creek Condominiums indude n 0
multi-family units in two buildings with surface parking. In Iate 1993, the applicant's approached
the PEC and requested approval of a revised development plan. On January 10, 1994 the PEC
approved the requested changes to the Eagle County development plan.
The revised development plan would build-out ihe pro;ect with t 6 additionat units arrahged in '
duplexs, 4 of which would be deed restricted as Type III employee housing units (EHU's). Thus,
the project would have a total of 26 units when completed. However, for zoning purposes each
Type IlI EHU counts as Vz of a unit. Thus, the zoning density of the built-out project would be 24
units, and would be equal to the zoning density of the original development plan. The applicant's
gained the ability to build 2 additional units by agreeing to deed restricted EHU's. A phasing plan
was approved that would sequence in the construction of the EHU's as different phases werecompleted. '
Attachment A of this memorandum is the 1994 PEC approved development and phasing plan.
f:#''pfi
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I
Il. DESCRIPTION OF THE REOj,[ESTS
The applicants are now requesting that the PEC approve the followitig changes:
A) A change to the approved phasing plan;
,- Jf'-''"jA slight shift in the Iocations of Units 15, 16, A and B; /,,,z
An increse in GRFA, site coverage and a height for Units A thru F; an' f4
D) A minor decrease in the amount of parking provided.
Units 11, 12, 13, t4, G and H h,,., aireacty been constructed. 0n October 9, 1995 the applicanr
submitted a building permit applieation for Units 15 and 16. Staff rejected the applicants' building
permit application since Units 15 and 16 are a part of Phase III ot the development. According to
a PEC condition of approval, the apprcants must dedicate 2 EHU's prior to the issuance of a
building permit for any units in Phase Ill. The applicant does not wish to deed restrict the
existing units G and H, thus, staff could not issue the requested building permits.
The applicants wish to revise the phasing plan as follows. Units 15, 16, E and F would be
constructed next summer. Units t7, 18, C and D would be built in the summer of 1997. When
the permits are pulled for Units C and D, the applicants would sign deed restrictions for these
units. The applicants are not sure that they will build Units A and B, but if they do, thesd units
would be deed restricted, so that the total project density would not pxceed the original density
approved by Eagle County.
Ill. ZONING ANALYSIS
This analysis compares the current proposal with the,January t 0, 1994 PEC approved
development plan, and the Iimiting zoning parameters derived from either the annexation
agreement or the RC zone district.
B)
c)
Sito Arec
ANNEXATION AGnEEMENT
REZONING fALLOWABLE} 1/10/94 PEC PLAN
222,849.sq.fi. "".
CUPRENf
PROPOSAL
BuiMabbArea: ' 166,277sq.ff. ""
GRFA: 45.169sq.fi.
Donshy: Pg multi-farnily unito
12.212sq. fi. (ggtg;;)g multi4arnily} 12,212sq. t.'t25.024s(IJL(duploxs) &ffiZsqlJ+l,233*q.fL),
37.236sq.t. tolal 38,ffi0sqJt '------"-
2A tolal units
31'B' Uo. unta,
29'4" sm. unui<<+ ty.
24.44s sa. tJt!H$BP
86spaqes(-3:paco:) /\,--,,!-
Holght:
1O md$family mi1s
12duploxunib
4TYDo lll EHU'9l1l2 oach)
2A unim total
31'6" Lg. unib
2t8" Sm. unhs
24,101 sq. n.
89 spaces approved
56spacos roqukod
SltoCovomgo: 57,71asq.t.
Pllllimg:sZspacos
= 3 tdaco spaces h ddvewaya vwe Iotg duo to shifting of units towffd tho oukbaac.
33ff.
2
IV.
A. PHASING PLAN
The PEC approved a phasing plan with thedevelopment plan amendments of 1994. That
phasing plan was devised to trigger the construction of deed restricted, Type III EHU's. The
approved phasing plan is as follows (bee attachment A) :
Phasel =11,12,GandH
Phase n = 13, 14, E and F ' '
Phase III = 15, 16, C and D
Phase lV = 17, 18 A and B
The applicants have constructed four of the Iarger units (11, 12, 13, 14) and two of the smaller
units (G and H)J According to the approved phasing plan,the next units to be constructed would
be E and F. The applicants now want to continue construction with units 15, 16, E and F.
However, Units 15 and 16 are a part of Phase IIl and the issuance of permits for these units
kicks-in the requirement to "dedicate' or deed restrtct 2 of the smaller units as EHU's.
The applicants do not wish to deed restrict any units as EHU's at this po;nt. They feel that the
original intent of the phasing plan was to ensure that Units A, fB, C and D were deed restricted.
ddGd76ifirctunnt{[g and D when and if they are constructed. The applicants also feel that
only the Type III EHU deed restriction conditions that were in effect at the time of t 994 PEC
They do not feel that deed are appropriate until such time as these units are
for
development plan approval should apply when it is time to sign and record the deed restrictions.
They feel that any changes to the deed restriction conditions that occur after the 1994 PEC
approval should not be applied to their restricted units.
Staff also disagrees with the applicants regarding what deed restrtctton conditions should apply.
Staff believes that the applicants must aomply with the deed restriction conditions that are in
effect at the time that the deed restrictions are signed and recorded.
B. BUILDING SHlFrS
The applicants wish to shift Units 15 and 16 tWo feet to the south to allow for Iarger decks on the
creek side of these units. Currently, the floodplain and Iandscaping restrict the applicants' ability
to provide Iarger decks behind these units. Staff previously approved a t -foot shift to the south
J , r-...LtJ\ //' - - rt?Y '(}'ff: (("' ' )[ir' rn. \\"
L:
The applicants also seek to shift Units A and B four feet to the north, so that these units can be
enlarged (see attachment B) without interfering with the recorded utility easement that runs
between Units B and C. Staff has no problem with these proposed changes.
C. 0RFA. SIrE CQYERAGE AND BUILDING HEIGHT lNCBEASES
The applicants wish to raise the roof height, add third-Ievel Iofts and deepen the footprint of the
remainder of the smaller units (A thru F) by 2 feet. The height increase proposed is 20 inches or
2 Iog courses. GRFA would increase by 1,233 square feet. Site coverage would increase by
344 square feet. The proposed GRFA additions and building shifts would eliminate 3 surface
parking spaces in driveway areas. According to 1he zoning analysis, the project is well below the
zoning allowances for GRFA, site coverage, and height, Thus, staff has no problem with these
proposed changes. _
D. PARKING PLAN CHANGES'
The building shifts and enlargement ot the smaller duplex footprints outlined above, fesult in the
loss of usablo parking spaces in front of 3 units, The Iost spaces were marginally acceptable to
begin with, and their Ioss will have Iittle effeet on the project due to the excess parking that the
development plan contains. Staff has no problem with these proposed changes.
V. STAFF RECOMMENDATIONS
Staff,.c.m,,,.,,dj:pp,..,,I of the applicants' request to shift the Iocations of units 15, 16, A and
B. Staff reeommend+bpprovat of the applicants' requ,ryts to inerease the GRFA, site coverage
and building height of units A thru F. Staff rpcommends itpproval of the applicants' request to
amend the parking plan. Staff recommendb/donial of the applicants' request to amend the
phasing plan and EHU deed restriction requirements.
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Petition Da,e dLY4/ff;( s; fi?s
PETITION FORM FOR AMENDMENT TO THE ZONING ORDlNANCE
OR
REQUEST FOR
A CHANGE IN DISTRICT BOUNDARIES
This procedure is required for any amendment to the zoning ordinance or for a request
for a district boundary change.
ADDFIESS 2'738 S, {i(O,l71lc?€,PJ. rd
NAME OF PETITIONER'S REPREsENTATIVE (yyud. OG,lLs
ADDRESS f,+aate //5 4a,,e
NAME OF OWNER
..,-----"'
SIGNATUR
ADDREss Zq3t J)aa,iffi Rf- 4
D,LOCATION OF PROPOSAL:
ADDRESS Z883,f,dzY?3 -?}gzg,qfirggq?,(. /+zzt-
LEGAL DESCFIIPTlON: LO KjjFILING €/&l:c (bciuzjr, z
'ffJJlJJMlilflllt!JJ'IlyuAJJJlTf?J'Jff;ff(rt-r
F. Stamped, addressed envelopes and Iist of the names of owners of all property
ad;acent to the subject property.
Il. Four (4) copies of the following information:
A, The petition shall include a aw:nmarr-eLlbe-eteoatefietbbn ot the
regulations,gplete description of t|g d ehanges in disctrict
Time Requirements
The Planning and Environmental Comission meets on the 2nd and 4th Mondays of
each month. A petition with the necessary accompanying materiai must be submitted
four weeks prior to the date of the meeting. Following the Planning and Environmental
Commission meeting, all amendments to the zoning ordinance or district boundary
change must go tot the Town Council for final action.
Your proposal will be reviewed for complainace with Vail's Comprehensive Plan.
If this application a separate review by any Iocal,Federal agency
by $200.00.other than the Town of Vffi$t[e application fee
Examples of such review, may , but limited to: Colorado Department of
404, etc.Highway Access Permits, Army
The applicant shall be for paying any fees which are in excess
of 50% of the fee. If, at the applicant's is postponed for
H. Coce 0),,5,-,i r Cfif/l/cles €bas2
,* gva.,zzetorr#. (b.eA, NAME OF PETITIONER
c.
=*
PHONE 3-F?ol
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lyLf c),i'
'lfj'c}d
10Y€
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E.
Ill.
IV.
V.
1
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PHoNEfTd.9-F9a/
PHONE T,4an€
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hdaring,matter to be re-published, then the entire fee for such re-
:J
or
e matter to be re-published, thq entire fee for such re-
by the applicant.
Applications deemed by Community Department to have significant
design, Iand use or other which have a significant impact on the
community may require review other than town staff. Should a
determination be made by the that an outside consultant is needed to review
any application, the Community opment Department may hire an outside
of money necessary to pay him or her and this
the applicant at the time he files his
Department. Upon completion of the
the consultant,f the funds forwarded by the applicant
t which have not be to the consultant shall be
Expenses incurred by the in excess of the amount
shall be paid to the Town by applicant within 30 days
L
consultant, it shall estimate
amount shall be forwarded
application with the
review of the
for payment of the
retumed to the
forwarded by the
of notification by
I
:c, './' I
/" a
1: Cllarlcs
Pandy Stouder
Town Plalnnel/b
DepartYflemt of Commnlnlty Developmert
?5 South Frontaqe lload
Va11, Colorado 81657 Ootobet 5, 1995
Dear Pandv o
Enclosed 1s our app11eatlon for amemdmerlt to the zonlnq owcllnanee
1\'o, 13 Serles of 1981, for the Lodqes rtt Tlmber Cweek.0ur or1g1na1 PTTD appwoval came from Engle Comfiy w1th the above
referenced zonln;t ordlnance. Ue were then requlwed bv the Town of
Va11 to comply w1th the GRFA and other reqn:lrements of the Res]der-
t1al Cluster Zonlnq standards.Ir Jaruaty of 199/1 we vobmtawlly asked the Town of Va11 for the
rlrrht to build a tota1 of elqht 2]00 sq. ft. unlts to l:e so1d as
eondomlniums and elght unlts whloh we wonld lntend to keep as rentals.
The towr aave us the rlqht to bu11d the effiht rentals lnstead of the
s1x that our zonlnq allowed tf we aqreed to dedleate four unlts of thee|qh[ as type III employee houslnq unlts (whloh we aqweed to do).lie are eurrently bulldlna th1s proJeet. In phase one we bullt
two for sale mnlts anrl two wenta,l up]t;s, 'Je awe row 1n phase twowhleh 1s made up of two for sale unlts, no enployee unlts.
The rea11tv of the hlrrh eost of todays bulld|y)q market 1s uponus a,lortq w1th the adrled expense of h|qh eost 1oca bnlldlrms. Fowever,please understand our lntert to keep these eltrht small unlts as rertals
has rot obanqed.
bJe request that you qrant ns one of the followlne two optlors:
1.vept.back to ontw or1a:1na1 zonln w1th no addltional ad-
e wou ui1dsi]c snall
ioated asthe sarne
one un1tunlts.
renta unlts lnste ol- e qnc, an n o 1m s wollld be ded-
he 'rown a ia ive ent e to build
emDlo edieat tqhtol,
Type IJJ eroployee
and we wo::ld slnplv
lnstead of two, 1,tJe
cl|)b
[l,{
unlts, The s1te plan woulr1 ?emaln
two of the srna11 wental pods ns
have no requlremetnts for dedlcatlnrr
houslne
bu11d
wo111d
e wou d erental unlts, four o units would enter the employee houslnq po
but not be dedlcated, For each year that these four unlts weraained
1n the enployee housinq poo1 we wonld reoelve four free sk1 passes
and four free b1ue TOV pawklnq passes, ':f we wlthdrew the unlts
from th1s proqran we would revert baok to our oPlcalnal zonlna andthts wottld reduoe our nunber of approved tmlts by two, hle would a1so
1ose our free passes, i/e would aeeomp11sh this weduotlon by con
vertln= two of the rental unlts 1nto one un1t as ontlDned 1n Optlon*1. Unrler th1s proposal we would a1so have lncentlve to plaee ourother four rental unlts tn sueh a p1an.
Thank vou for your oonslderatlon of these two optlons.
s lnstead o
Yours
Apollo Park at Vail o The Lodges at Timber Creek
Shrine Mountain Inn, Inc. o HeII Roaring Ranch Company
:p 6P
2938 South Frontage Road o Vail, Colorado 81657 o (970) 476-3070 0& q - n']c t
o
/
|
/
>
:
_>
->
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Community Development Department
November 13, t995
A request for an amendment to previously approved development and phasing
ptans at the Lodges at Timber Creek, Iocated at 2893 and 2897 Timber Creek
Drive/a portion of the SW 1/4 of Section 14, T5S, R81W of the 6th P.M., Town of
Vail, Colorado.
Applicant: S.H. Cole Construction (Chuck Ogilby and Stan Cole)
Planner: Randy Stouder
I. BACKGROUND
In 1979, Eagle County approved a development plan for the subject property. The Town of Vail
annexed the property by Ordinance :3, Series of t 981, and the property was zoned Residential
Cluster (RC). The annexation agreement allowed for 24 condominiums arranged along Gore
Creek as shown on the Eagle County approved development plan. The agreement also stated
that any major modifications to the Eagle County plan would require the Town of Vail's Planning
and Environmental Commission (PEC) approval.
The first portion of the project was constructed following the Eagle County development plan,
and was named the Vail Intermountain Swim and Tennis Club. It was renamed recently, and is
now known as the Timber Creek Condominiums. The Tirnber Creek Condominiums indude 10
multi-family units in two buildings with surface parking. In Iate 1993, the applicant's approached
the PEC and requested approval of a revised development plan. 0n January 10, 1994 the PEC
approved the requested changes to the Eagle County development plan.
The revised development plan would build-out the project with t e additional units arranged in
duplexs, 4 of which would be deed restricted as Type IIl employee housing units (EHU's). Thus,
the project would have a total of 26 units when eompleted. However, for zoning purposes each
Type lII EHU counts as Vz of a unit. Thus, the zoning density of the built-out project would be 24
units, and would be equal to the zoning density of the original development plan. The applicant's
gained the ability to build 2 additional units by agreeing to deed restricted EHU's. A phasing plan
was approved that would sequence in the construction of the EHU's as different phases were
completed.
Attachment A of this memorandum is the 1994 PEC approved development and phasing plan.
Ia lf
=
Il. DESCgIPTION OF THE REQUESTS
The applicants are now requesting that the PEC approve the following changes:
A) A change to the approved phasing plan;
B) A slight shift in the Iocations of Units 1 5, 16, A and B;
C) An increse in GRFA, site coverage and a height for Units A thru F; and
D) A minor decrease in the amount of parking provided.
Units :t, :2, 13, :4, G and H have already been constructed. On October 9, 1995 the applicant
subrnitted a building permit application for Units 15 and 16. Staff rejected the applicants' building
permit application since Units 15 and 16 are a part of Phase lII of the development. According to
a PEC condition of approval, the applicants must dedicate 2 EHU's prior to the issuance of a
building permit for any units in Phase Ill. The applicant does not wish to deed restrict the
existing units G and H, thus, staff could not issue the requested building permits.
The applicants wish to revise the phasing plan as follows. Units 15, 16, E and F would be
constructed next summer. Units 17, t8, C and D would be built in the summer of 1997. When
the permits are pulled for Units C and D, the applicants would sign deed restrictions for these
units. The applicants are not sure that they will build Units A and B, but if they do, these units
would be deed restricted, so that the total project density would not exceed the original density
approved by Eagle County.
Ill. ZONING ANALYSIS
This analysis compares the current proposal with the January 10, 1994 PEC approved
development plan, and the Iimiting zoning parameters derived from either the annexation
agreement or the RC zone district.
ANNEXATION AGREEMENT CURRENT
REZONlNGfALLOWABLE) l/IO/94PECPLAN PnOPOSAL
Si1e Aroa: 22Z.8a9 sq. ff. "" "
Buildable Area: 166.271 sq. ff. "" ""
GRFA: 45,169sq.t. 12.212sq,t(exi stingmulti-family) 12,212sq.ff.
25.024 sq, h. (duplexs) ffi#l sq, ff. (+ 1,233 sq, fL)
37,236sq. fi. 1o1d 38,469sq.h.
Dendly: 24mlJlti-familyunits lOmdf-famjjyunits12duplexunils 24lddunib
fitft'Jffi"""'-"*'
Hoight: 33fi. :ffi:tfi:.!:, lliliht!i,.,,,
SheOovamgo: 57.712sq.fl. 24,t01sq.ff. 24,445sq.ft.(+344sq.It)
Padting: 52spacos 89spacesapprovcd 86spacos(-3spaoos)
56 spaoos required
* 3 rfaco spaces in df iveways woro lost due 1o shning of unhs toward tho eul-do-sac.
PmN
IV.
A. PHASING PLAN
The PEC approved a phasing plan with the development plan amendments of 1994. That
phasing plan was devised to trigger the construction of deed restricted, Type IlI EHU's. The
approved phasing plan is as follows (see attachment A) :
Phasel =11,12,GandH
Phase II = 13, 14, E and F
Phase III = 15, t6, C and D
Phase IV = 17, 18 A and B
The applicants have constructed four of the Iarger units (11, t2, 13, 14) and two of the smaller
units (G and H). According to the approved phasing plan,the next units to be constructed would
be E and F. The applicants now want to continue construction with units 15, 16, E and F.
However, Units t5 and 16 are a part of Phase III and the issuance of permits for these units
kicks-in the requirement to 'dedicate" or deed restrict 2 of the smaller units as EHU's.
The applicants do not wish to deed restrict any units as EHU's at this point. They feel that the
original intent of the phasing plan was to ensure that Units A, B, C and D were deed restricted.
They do not feel that deed restrictions are appropriate until such time as these units are
proposed for construction. Thu,, they propose to eliminate the phasing plan altogether, and
_
deed restrict Units A, B, C and D when and if they are constructed. The applicants also feel that
only the Type III EHU deed restriction conditions that were in effect at the time of 1994 PEC
development plan approval should apply when it is time to sign and record the deed restrictions.
They feel that any changes to the deed restriction conditions that occur after the 1994 PEC
approval should not be applied to their restricted units.
Staff disagrees with the applicants' interpretation of the original intent of the phasing plan. We
_
feel that the intent of the phasing plan was to ensure that 2 of the 4 Units E, F, G or H were deed
restricted, along with Units A and B if they are built. Thus, staff feels that the applicants must
deed restrict the existing Units G and H, or sign deed restrictions for Units E and F and pull
permits for these units at the same time as the permits are pulled for Units 15 and 16. Staff feels
that this is the only way to ensure the timely construction of at Ieast 2 deed restricted EHU's.
Staff also disagrees with the applicants regarding what deed restriotion conditions should apply.
Staff believes that the applicants must comply with the deed restriction conditions that are in
effect at the time that the deed restrictions are signed and recorded.
B. BUILDING SHIFTS
The apprcants wish to shift Units 15 and 16 two feet to the south to allow for Iarger decks on )_!e
creek side of these units. Currently, the floodplain and Iandscaping restrict the applicants' ability
to provide Iarger decks behind these units. Staff previously approved a 1-foot shift to the south
for Units : 3 and 14 to allow for Iarger decks behind these units.
The applicants also seek,o shift Uni,s A and B four teet to the north, so that these units ''' be
enlarged (see attachment B) with,ut in,erfering with the recorded utilitv easement that runs
between Units B and C. Staff has no problem with these proposed changes.
C. GRFA. SITE COVERAGE AND BUILDING HEIGHT INCREASE$
The applicants wish to raise the roof height, add third-Ievel Iofts and
'''p':
the !o.otprint of t!'-
-
remainder of the smaller units (A thru F) by 2 feet. The height increase proposed is 20 ;nches or
2 Iog courses. GRFA would increase by 1,233 square feet. Site coverage would ;ncrease by
344 square feet. The p,;p.sed GRFA additions and building shifts would !"""?" 3 surface
_
parking spaces in d,i..,,.y areas. According to the zonin$ analys[s,. the p['j"! is well be'ow '^'
zoning allowances for GRFA, site coverage, and height. Thus, staff has no problem with these
proposed changes.
D. PARKING PLAN CHANGES
The building shifts and enlargement of the smaller duplex footprints outlined above, resu!t in the
toss of usable parking spaces in front of 3 units. The Iost spaces "'e" marginally -acce[?tab!e "begin with, and their bss will have Iittle effect on the project due to the '!?''' parking that the
development plan contains. Staff has no problem with these proposed changes.
V. STAFF RECOMMENDATIONS
Staff recommends approval of the applicants' request to shift the Iocations of units 15, t 6, A and
B. Staff recommends approval of the applicants' requests to increase the GRFA, site coverage
and building height of units A thru F. Staff recommends approval of the applicants' request to
amend the parking plan. Staff recommends denial of the applicants' request to amend the
phasing plan and EHU deed restriction requirements.
F:/everyollc/pec/menlos/ogilbyJ l3
oo
75 South Frontage Road
I{JI1 Colorado 81657
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75 South Frontage Road
Vail, Colorado 81657
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THIS ITEM MAY AFFECT YOUR PROPERTY
'U"" NOTICE
NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of
Vail will ho:d a public hearing in accordance with Seetion t8.66.060 of the Municipal Code of the
Town of \fail on November 13, 1995, at 2:00 P.M. in the Town of VaiI Municipal Building. ln
consideration of:
1., A request for a an additional 250 square feet to allow for an addition to the Tuchman
residence Iocated at 3110 Booth Creek Drive/Lot 9, Block 3, Va;I Village 11th Filing.
Applicant: Mr. TuchmanI'fanner: Jim Cumutte
2. A request for a Conditional Use Permit to allow for a Christmas Tree Iot to be Iocated at
2313 North Frontage Road/Lot 3, Block B, Vail Das Schone Filing #1.
Applicant: Steve LincksPlanner: George Ruther
3. Arequest for an amendment to Chapter 18.39 of the VaiI Munidpal Code ( Ski Base
Recreation) and an amendment to the previously approved development plan to allow for
the redevelopment of the Golden Peak Ski Base, located at 485 Vail Valley Drive / Tract
F, Vail Village 5th filing and Tract B, Vail Village 7th filing.
Applicant: Vatt Associates In;., represented by David CorbinPtaitner: Jim Cumutte and Lauren Waterton
4. l\ request for a minor CCI exterior alteration to allow for the addition of a bay window to
the Lord Latigo Shop Iocated in the A & D Building, 286 Gore Creek DriveiLots A-D, Block
5El, Vail Village 1st Filing.
5. A request for a Conditional Use Permit to allow for a telecommunications antenna to be
irmtalled at the Evergreen Lodge to, be Iocated at 250 S. Frontage Road West/Lot 2,
Bdbck 1 Vail Lionshead 2nd Filing..
Applicant: David Crispin for Evergreen LodgePtanner: George Ruther
Artequest for a modification to a previously approved plan to allow for a reduction in the
nmnber of dwelling units Iocated in the Lodges at Timber Creek Development Iocated at
2BB3 and 2893 Timber Creek Drive/Lodges at Timber Creek.
Applicant: Chuck OgilbyPt=nner: Randy Stouder
7.A request for a Conditional Use Permit to allow for a private dub to be Iocated on the 3rd
andl 4th floors of the Serranos Building Iocated at 298 Hansen Raneh Road/Lot C,
2, Wail Village 1 st Filing.
Aplicant:
Pkmner:
Applicant:
Plavtner:
Barry Florescue, represented by Chamois Pierson
Lauren Waterton
Gretta Parks, represented by Glen Healan.
Jim Cumutte
(0 ?1
S'tgn languago interpretation m;ailable upon request with 24 hour notiEcation. Please call 479-2114 voice or 479-2358
TDD for infom-mation.
00Pff : L f
T0WN 0F
75 South Frontage Road
Vail, Colorado 81667
970-479-2/38/4 79-2 139
FAX 970-479-2452
Department of Community Development
Septeml:er 27, 1995
t. Charles Ogilby and
S.H. Cole Construction Company
2897 rrimber Creek Drive
Vai1, CO 81657
Re: Developer tmprovement Agreement (DIA) executed by you on
12/2/94
Dear Cttuck and Stan:
A11 of the itetns covered in the DIA ltave been completed as
required. ; am hereby releasing you from the obligations containedin the DIA agreement and have forwarded a copy of this letter to
the bank where your letter of credit was drawn up.
Please remove all dirt piled in the cul-de-sac and maintain the
required roadway open and usable at a11 times. An all-weather
surface must be maintained in good condition, at all times, on the
roaclway since it is an approved fire department access.
Your request to construct single family units ir; place of the
smaller duplex units must go back to the Planninq and Environmental(PEC). I ltave enclosed a copy of an application that must be
completed and submitted along with a $250 fee. Once we receiveyour completed application we will schedule you for the first
available PEC meetinq accordinq to the schedule I have enclosed.
If you have any further questions please feel free to ca11 me at
the number listed above.
Sincerely,
6-fg2'-"
Randy Stouder
Town Planner
f : \everyone\randy\:etters \ogilby. 927
{} RBCYCLEDPAPER
['' "'-'-tql]JH- 0Ec t H9{
TH entered into this J$J'day Dec. , ,,?/ ,,
i r);ugt zgb, (hereinafter called the "D
called the "Town") and ^+lffr'lherg{
T0Y COMM,D[Y,O[fl:
of the
, and the TOWN
called the "Bank").
Developer, as a condition of approval
19____, wishes to enter into a
is Gbligatect to provide rity or collateral sufficient in the
reasonable provisions fo completion of certain improvements
to provide
$g f><tlflSl":,tt'
LETTER OF CBEDIT FORMAT
Legal Descdption: Lot__. Block___
Subdivision _==a= H ==I Filing __
Address _____,___
Date of Expiration:
to guarantee performance of
improvements by means of the
with a Bank in Eagle County in a dollar
and among
OF VAIL (
WHER
plans, dated _
Agreement; and
WHEREAS, the
iudgment of the Town to
set forth below; and
WHEREAS, the
this Agreement, including
following:
security for the following:
IMPROVEMENT
NOW, THEREFORE, in co of the following mutual
agreements, the Developer and the own agree as follows:
t. The Developer at its sole cost and expenses, to all equipment
and complete all improvements, on or
P="!t -. The De
as Iisted above, in
shall complete, in a good workman manner, all
with all plans and specifications
Department, the Town of Vail, and to do
tn the
work
incidental thereto according to in compliance with the following:
a. Such other ns, drawings, maps, specifications, sketches, and
submitted by th,6 Developer to be approved by any of the above-refer
governmental fntities. AII said work shall be done under the inspection df, and
as their interest may appear, and shall not be deemed complete until
approved accepted as completed by the Town of Vail Community
Development Department and Public Works Department.
2. To secure and guarantee performance of its obligations as set forth herein, the
Developer agrees to provide security and collateral as follows:
J
office of the Community
Page 1 of 3
iPffiJiffittl'f,'JJfirfitffiffft, Uhr:Jlfi:Jf,ffi1,!= With
improvements set forth above if there is a default under the Agreement by Developer.
3. The Developer may at any time substitute the collateral originally set forthabove for another form of collateral acceptable to the Town to guarantee the faithful
completion of those improvements referred to herein and the performance of the terms of thisAgreement. Such acceptance by the Town of altemative collateral shall be at the Town's solediscretion.
4. The Town shall not, nor shall any- officer or employee thereof, be Iiable orresponsible for any accident, foss or damage happening or occurring to the work specified inthis Agreement prior to the completion and acceptance of the same, nor shall the Town, norany officer or employee thereof, be liable for any persons or property injured by reason of thenature of said work, but all of said Iiabilities shall and are hereby assumed by the Developer.
___ The Developer hereby agrees to indemnify and hold harmless the Town, and any of itsofficers, agents and employees against any Iosses, claims, damages, or Iiabilities to which theTown or any of its officers, agents or employees may become subject to, insofar as any such
'osses
claims, damages or Iiabilities (or actions in respect thereof) that arise out of or arebased upon any performance by the Developer hereunder; and the Developer shall reimbursethe Town for any and all Iegal or other expenses reasonably incurred by the Town inconnection with investigating or defending any such loss, elaim, damage, Iiability or action.This indemnity provision shall be in addition to any other Iiability which the Developer mayhave.
5. lt is mutually agreed that the Developer may apply to the Town and the Townshall authorize for partial release of the collateral deposited with the Town for each categoryof improvement at such time as such improvements are constructed in compliance with allplans and specifications as referenced hereunder and accepted by the Town. Under nocondition will the amount of the collateral that is being held be reduced below the amountnecessary to complete such improvements.
6. If the Town determines, at its sole discretion, that any of the improvements
con!emplated hereunder are not constructed in compliance with the plans and specificationsset forth in this Agreement on or before the date set forth in Paragraph 2, the Town may, but
shall not be required to, redeem the Ietter of credit as necessary to complete the unfinished
'"p'ovements
The Bank shall release such funds upon written request from the Town statingthat the improvements have not been completed as required by this agreement. The Bankshall not require the concurrence of the developer prior to release of the funds to the Townnor shall the Bank be required to verify independently that such improvements have not beencompleted as required by this agreement, but shall release such funds solely upon the Town'swritten request.
If the costs of completing the work exceed the amount of the deposit, the excess,together with interest at twelve percent per annum, shall be a Iien against the property and
"?y be collected by civil suit or may be certified to the treasurer of Eagle County to becollected in the same manner as delinquent ad valorem taxes Ievied aga;nst such property. Ifthe permit holder fails or refuses to complete the deanup and landscaping, as defined in thischapter, such failure or refusal shall be considered a violation of the Zoning Code.
7. The Developer warrants all work and material for a period of one year afteracceptance of all work referred to in this Agreemen( by the Town if such work is Iocated onTown of Vail property or within Town of Vail right-of-way pursuant to Section 17.16.250.
_ 8. The parties hereto mutually agree that this Agreement may be amended fromtime to time, provided that such amendments be in writing and executed by all parties hereto.
Dated the day and year first above written.
L
Page 2 of 3
DEVELOPER
STATE OF COLORADO
COUNTY OF EAGLE
J&,,,Jb"'T;;&t;
STATE OF COLORADO
COUNTY OF EAGLE
Witness my hand and official seal.
My commission expires: /. "7.
1 9?,[by 'ffiJ;;ff:&'!H;[::j}["" Agreement was acknowledged before me this Q|& day of &(()ar/t(.
Witness my hand and official seal.
My commission expires: / 7.99
BANK
STATE OF COLORADO
COUNTY OF EAGLE
19__by
The foregoing Dovoloper lmprovemont Agroement was acknowledged before me this _ day of
Witnoss my hand and official seal.
My eommission expires:
Peveloner 'mprovement
Agrgement was acknowledged before me this Z"F/lUav of
Updatod 9/28i94
Notary Public
Pago3o{3
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f;TBAhK
OF VAIL
IRREVOCABLE LETTER OF CREDIT
EXPIRATION: December l5. 1995
The Town of Vail
75 So. Frontage Rd. West
Vai1, C0 81657
Oentlemen :
ble hereby open our Irrevocable Letter of Credit in your favor available
by your drafts drawn on the FtrstBank of Vai1, l7 Vail Road, Vall,
Colorado 81657, at sight for any sum not exceedlng the total of SIXTEEN
THOUSAND SlX HUNDRED NINETY SEVEN AND N0/100 D0LlARS($16,697.00) on the
account of S.H. C0LE CONSTRUCTION, A C0L0RAD0 CORPORATION.
Each draft must bear upon its face the clause, "Drawn Under Letter of
Credit No. 928-8902, dated December 15, 1994, of FirstBank of Vai1,
Vail, Colorado." The amount of each draft, which is negotiated pursuant
to this credit, together with the date of negotiation, must be endorsed
on the reverse stde of this Letter of Credit.
Ue hereby agree that drafts drawn under this Letter of Credit, and in
compliance with the tenns, shall be promptly honored if presented to
FirstBank of Vail on or before December 15, 1995.
S tncerq_;y j""""" "'.?
(i+ :,=j :
/
Andrew H. Hancock
Senior Vice Presl-de.t+t..--.
r
DATE I.
AHOUNT :
NUHBER :
rov. COtwy,, ii",,a
December 15, 1994
$16,697.00
928-8902
.-""
)
AHH : ntaj
STATE OF COLORADO
COUNTY OF EAGLE
1 9,-t'by 'hY:ff"zf:g[[:;jrr"""*" Agreement was acknowledged before me this Q# day of Dn&tzl,lu}L.
Witness my hand and official seal.
My commission expires: / "79(l
STATE OF COLORADO
COUNTY OF EAGLE
BANK
The foregoing Doveloper lmprovement Agreement was acknowledged before mo this ____ day of
1 9- by __
Witness my hand and official seal.
My commission expires:
D I
Notary Public
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July 11, 1995 J[t 1 ? 1995
,icOV,c[)I|lll\[,[)[\
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Mr. Randy Stouder
Community Development - T.0.V.
75 S. rrontage Road W.Vatt, CO 81657
Dear Randy,
I am a homeowner at Timber Creek I,odges (Unit 10B). I am writingon my own behalf and on behalf of the Timber Creek HomeownersAssociation (I am on the board).
Specifically we have two concernst
1) There is an open drainage culvert with running surface waterlocated betvzeen unit 10s and unit 11C. This is an unsanitary,aesthetically ug1y and generally unacceptable condition. Itresults in open runoff and standing water on a regular basis. Webelieve this requires an underground pipe solution terminating in
an eventual outflow down by Gore Creek.
2) The landscaping of unit ttc resulted in building a berm with afour foot elevation. 'I'his changed the preexisting natura1 runoff
moving it in the direction of my unit and the "B" buildings. 1fyspecific concern is that during the "spring melt" this may resultin the runoff being redireeted from its natural course, into thecreek, to a new course, into our basements. Clearly, underColorado t,aw, it the responsibility of the developer and the
homeowner of unit 11C to act to prevent this condition.
rinally, you have been to1d there is a "natura1 swale" between the
B and C units. :n my vtew, this is not true as there is no ctear,eonsistent and significant natural depression between the units.
Generally, we remain supportive of the development and fee1 thatthe Town of Vail and the developers are doing a nice Job, but theconditions referred to need to be addressed and corrected.
Sincerely,
?ttcr Gkdti (e,
Peter Gladkin
cc : Bill Sargent
Crossroads Realty, t,td
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ADDRESS CLARIFiCATION
THE LODGEs AT TIMsER CREEK
VAIL, C0
T0 ALL INTERESTED PARTIES:
"fhe Lodges at Timber Creok is the log development on tho south side of Goro Creek,
just accross the seoond bridge into the Vail Intormountain aroa. There has been much confusion
as to the correot adresses of these log units. Originally, this project was called the Vai1
Intermountain Swim and Tcnnis Club Condos. 'The name was changed to Timber Croek Condos' some years ago. The addross was then given as 2863 and 2883 Kinnicldnniok Road. Becausg. of. various concems involving the town and fire department, the addross has changed twice in the
last yeari "A" building is now 2863 Timber Creek Drive; "B" building is now 2883 Timber
reek Drive. Tho larger duplex 1og units being built now arq "Q" units and have the address of
2893 Timber Creek Drive. The small duplox units with tho garages under them are "D" units and-.- _ _;..$;qir addross is 2897 Timber Creek Drive. The oncto;sed mapsnvill clarify tbese unit numbers
and their oorrect addresses. If you have any questions please cait mo at the above telephonenumber,,
Sincerely,
a' I,
T0WN 0F IEIIL
hb- chrr
75 South Frontage Road
Vail, Colorado 81657
303-479-2138/479-2139
FAX 30]-479-2452
Apri117, 1995
Deparuhent of Communiry Development
(: --.\"
Anne D. Fitz
The Prudential Gore Range Properties Inc.
511 LionsheadMa11
Vail, Colorado 81651
DearAnne,,,..
The Town of Vail Communi!y Development Department has rcceived your letter dated Apri1 13,
1995 requesting an extension to the existing tcmporary si1e development signapproval of June 1,
1994. Upon review of your requcst, the Community Development Department is agrceablc to
cxtending the previous temporary site development sign approval for another ycar (12 months).
Therefore, the new cxpiration date for thc tcmporary sitc dcvclopmcnt sign locatcd in thc Lodgcs
at Timber Crcek Dcvelopmcnt is June J, 1996.
If you have any qucstions or concems with regard to'the information addressed in tttis letter, as
always, please do not hesitate in giing me a call. I can be reached most easily during regular
office hours at 479-2138.
Sincerely,
/1.-.-.y- ?,,,z,_(
George Ruther
Town Planner
" T[lePrudentlaldj,;
Gore Range
Properties, Inc.
Sabs D Pontals = Propeffy Managemenl
511 LionsHead MaII
Vai[, CO81657
Bu5. (3O3) 476-2482
Bus. (8OO) 283-2480
Fax (3O3) 476-6499
o Offices in VaiI and Beaver Creek o
An Independently 0ed ahd Oamd Meer of The Prudential Reaj Estam Afi]lj,,,. Inc
if'';iiffiit/lpii
APR 1 4 1995
April 13, 1995
The Town of Vail
DRB - Attention: George R
Dear George,
Pursuant to a recent conversation we had, I am writing to request
an extention of the sign that S.H. Cole Construction and The
Prudentia1 Gore Range Properties, Inc. have at the construction
site in Intermountain.
We have so1d unit t1 and unit 12 is currently under contraiiiit
is our hope to break ground on the next building this summer.
The sign w;11 not be altered in any way and we de not p!an to move
it.
Your cooperation in this matter would be greatly appreciated.
Cordffii},
Anne D.GRI
Sales
00PfFIL E
75 South Frontage Road
Vail, Colorado 81657
303-479-2138/479-2]39
FAX 303-479-2452
November 29, 1994
Department of Community Development
Mr. Jim Marx
1641 Downing Street
Denver, CO 80218
Dear Jim:
My apologies for not getting this Ietter to you sooner. ln regards to your request for
information regarding the proposed construction of garages at the Swim and Tennis Club
Condominiums in Vail Intermountain, I have the following to offer.
The zoning standards that apply are either the Residential Cluster (RC) zone district standards
or the 1979 annexation approval, whichever is most restrictive. I have enclosed a copy of the
FIC district standards along with a page from a Planning and Environmental Cornmission
(PEC) memo that contains a zoning analysis for the property. The zoning analysis compares
the 1979 annexation approval requirements with the RC zoning requirements. It also spells
out the existing situation and the proposed situation as it applids to the Lodges at Timbercreek
and the Swim and Tennis Club Condominiums. The existing conditions would be the Swim
and Tennis Club development and the proposed conditions would be the Lodges at
Timbercreek.
I have reviewed the approved plans for the Swim and Tennis Club and for the Lodges at
Timbercreek. The approved plans for the Swim and Tennis Club show a different parking
configuration than currently exists. You will need to verify or confirm the number of spaces
that are currently provided at the Swim and Tennis Club Condominiums. A reduction in the
number of approved spaces or a reduction in spaces due to construction of garages may
present a problem. It is important that the total parking requirement for the property be met as
well as the individual parking requirements for Phase I and for Phase lI (Phase I is the Swim
and Tennis Club Condominiums and Phase Il are the Lodges at Timbercreek). Also, please
note that the remaining site coverage for the property is approximately 1,945 square feet.
This may also Iimit the amount of enclosed parking that you provide on-site. The garages
must meet setback requirements in the zone districts in which they occupy. The RC zone
district requires setbacks of 20 feet from the front property line and 15 feet from the side and
rear property lines.
o
'+, ti '!
Mr. Marx
November29, 1994
Page Two
You also inquired about the possibility of adding storage above the garages. I have enclosed
a memorandum dated April 9, 1993 (revised April 30, 1993) that discusses our policy
regarding attic spaces. Please note that all of the bulleted items (:-5) must be met for a
space above a garage greater than 5 feet high to be considered an attic and not to be
considered GHFA. I recommend that you design the storage spaces at a height of Iess than
5 feet, or design them to me6t the requirements for attic spaceq.
If you need a copy of the approved plans for the Swim and Tennis Club Condominiums,
please call me and I will send you a copy. There is a $7.00 per page charge plus tax with
copying plan sheets. If you have any further questions regarding this matter, please do not
hesitate to contact me at 479-2138.
Sincerely,
-a-,[!:
Randy StGuder
Town Planner
./DATE a
TOWN OF VAIL
STnEET ADDfiESS ASSIGNMENT/CHANG E/APP n o VAL FoHM(per Ordinance No. 7, Scricg of 1985)" PBOPEHTY OWNEH NAMEI] {I1l1K/:€5 irt:.GL-
PROPERTY OWNEH SlGNATURE"T:
ACTION REQUESTED czn/ n1 u 4!)D,w55 E>5 -r() z-treL:lf( LOT>(, e z9 r
CURRENT ADDRESSOF -rllfl/G'e4 r.
tu rvrrrre/- ua -s
i//.J)l.}QS
JZ?,./Ar,> (ctzS
PnOPOSED ADDRESS
.' {'ll - /'y"4c,/,)j2 ZJ.D/'r-,D?dl,. '
Strect Numbcr Street NaT;T[rGi;LTg;Gli;i;i;lliiiE
EAC H AGENCY/D EPARTMENT LISTED B ELOW MUST SIGN THE nEQUEST. lT IS THEPROPEBTY OWNER'S nESPONSIBILITY TO INSURE THAT ALL nEQUIRED APPROVALSAnE RECEIVED.
TOWN OF VAlL:
Polico Dcpartment (479-2200) _
Firc Departmcnt (479-2250) j]
@-Public Works Depar[men! (479-2158)
Community Dcvclopmen( (479-2138)
U.S. WEST (679-7000, residential or 244-4800, busin(ss)
U.S, POST OFFlCE (476-5217)J! Z;/' r "zr"zzrr( (zt c[l azq-;"J //'/
UPPEFI EAGLE VALLEY WATEn & S/(NlTATlON DlSTn{j{ (476-7480)'
HOLY CROSS ELECTRIC ASSOClATlON (949-
PUBLlC SERVICE COMPANY (262-4057
WESTERN SLOPE GAS (408-2528)
HEBITAGE CABLEVlSlON (049-5530)/
NOTE:
Qo\J. YVLiOI tU/U-/UUU, resloen[lal or 244-4800, businoss) (_',t ]{(11,9,1 I\l.(J/l:'lll(uzc,:
EAGl-E COUNTY EMERGENCY ^":F^11:ff' );snrmt fli4:offJf_g,,,,,
Dl /0 -rb ?t/' /
I \
WH_EN ALL
^"''O"ALS HAVE BEEN nECEIVED AND INDICATED BY SIGNATUnE,RETURN THIS FOnM TO THE TOWN OF VAIL COMMUNITY DEVELOPMENTDEPAnTMENT, 75 SOUTH FRONTAGE ROAD.
Tho Town of Vail Niunicipai Code 15.02, in accordanco with tho Uniform FircCode and Uniform Building Code requires the appropriate address boconspicuously posted on tho premisos. Strcct,;,,,,,bcrs sltall contrast willt thcbackgrcund of thc address sign. Muiii-iamiiy dwoliings sitall bc assigncd onlyopc_n_umeric dosignation. Suites, duplex units, and other like propeny divisionsshall have an alpha or alpha-numcrig or numcric designation such as will notconllict or confuse Iho primary addross. Address plaques may be obtainedfrom Ihe Vail Firo Dcp;rtment at 42 West Meadow Drivc, 479-2250.
]he primary contact for information is tltc Dcpartmont ol CommunityDcvclopment, 479-2138.
c.'\Iolmsbtloot.91G
rovlsod D/lm3
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1){SLeA j€ S
PERMIT NUMBER OF PROJECT
DATE f-f/,-f// JOBNAME
INS=CTlON REQUEST
TOWN OF VAIL
479-2138g(f l,-'.;;/e.,-rt,,A-
'c:nsJrCALLERlJ i5
READY FOR INSPECTION:
LOCATlON:
n1LT WED
i tt:" li'-l--,t"d,/'/,'/
",'/.-i" ;'{)
BUILDING:
m FOOTINGS / STEEL
PLUMBING:
EI UNDERGROUND
m ROUGH / D.W.V.
n ROUGH / WATER
m FOUNDATION i STEEL
Ej
CJ
EI
D
ff
El
FRAMING
ROOF & SHEEP
PLYWOOD NAILING EI GAS PIPING
INSULATION
SHEETROCK
D POOL / H. TUB
(lhh,,P
FINAL
ELECTRICAL:
Ej TEMP. POWER
MECHANICAL:
a HEATING J
0 ROUGH E] EXHAUST HOODS
EJ CONDUIT n SUPPLY AIR
m FINAL El FINAL
EI DISAPPROVED El RElNSPECTlON REQUIRED
DATE
'i7-so -v4 INSPECTOR /; UyJ -r -- -
Offign Review Action Fd0,
TOWN OF VAIL
Category Numbe Date s-/-zs/u-l
Project Name:
Building Name:
Project Description:
Owner, Address and Phone:,'J, ,,. L, aq Zi y,
(,/,n J z,_ c,., zl zdS"-l
Legal Desoription: Lot
-
Block_ Subdivision '2l . r , ,,,.,/ 4,e.. ZZone Distric1 ?(
Project Street Address:
Comments:
fi Aotion
Vote: Al-0Motion by:j;,-..
-
Seconded by: E,.., f. =1
)( Approval
;; Disapproval
() StaffApproval
Conditions:
tL,k*z,, -Town Planner
Date: Ai//(74 DRsFeePre-paid +'0!"',r-/
o.R[r'fi MAY 1 1|{
APP[lICATION DATE
SIGN/AWIIING APPIlICATION
l 0
rcvisod 1219193
Print or
PROJECT
PERSON S UBI4ITTING PHONE
(Please
NAME OF
NAME OF
ADDRE S S
NAME OF
ADDRESS
'-h\J,
OWNER
SIGNATURE 0F OWNER
[,OCATlON OF PROJECT
DESCRIPTION OF PRO.TECT
THE F01,I,OWING INFORMATION IS
APPLICAl\lT PRIOR TO THE REQUEST gEING
/, ; /1.
PHoNP + // J[ //)
FOR SUBMITTAI. BY THE
SCHEDULED BEFORE THE DESIGN
REVIEW BOARD.
A. DESCRIPTION OF THE sIGN/AWNING (FREE STANDING, WALL,
PROJECTING, ETC), INCLUDE SIGN t4ESSAGE.
B.SIGN OR AWNING MATERIAL
c.SlZE OF OVERAL[, SIGN, SlZE OP LETTBRINGt x 5 "7h c
AND LOGO
Z/{
D.
E.
{]:)\}i-
HEIGHT OF SIGN ABOVE GRADE
DESCRIBE LIGHTINe (EXISTING
F.
G.
LENGTH OF BUSINESS FRONTAGB (FT)
CONDOMlNIUM ASSOClATlON APPROVAL
5.
6.
/U/4
( ATTACH \ /j/]-
H.FEE: $20..00 PLUS $1.00 PER $0UAREPAID t/t)d?) cHEcK No. !/8)
1.
2.
oJ=
4.
REOUIRED MATBRIALg SUBliIITTED WITH APPLICATION
Site Plan
Elevations showing exact location of sign
awning on the building
Photographs showing proposed locationColored scale drawing
Sample of propos'ed materials
Photograph of sign if available
Sign Administrator
|\
or
o
T0: SIGN APPLICANTS
When applications for signs are submitted, the followinginformation is required:. '
1. A completed sign/awning application (attached).
2. A site plan showing the exagg_ location where the signis to be located.
3. A photograph if possible and building elevation showingthe location of the proposed sign.
4. A scaled drawing which details the design of the sign,as follows :
(a) Colored exactly as sign will be.(b) A list of materials to be used in sign tmeta:,wood, canvas, paint, etc. )(c) Photograph of sign if available.(d) Specific lettering style and size.
5. tf an awning is proposed, submit drawings showingexaetly how and where the awning is attached to thebuilding and how the awning is to be constructed.
6. Description of lighting that wi11 be used inconjunction with the sign or awning. If proposing anawning, lighting is not allowed to shine through theentire awning which calls undue attention to thebusiness. Lighting may spotlight only the actual signlettering on the awning.
RqggM[4ENDATIONS OR POI}TERS
1. Check sign code - verify stte, height etc.2. Be specific. Vagueness on design, stze, construction may
delay the approval of your sign.3. Measure frontage of business. '
APPLICATION FEE WILL BE REQUIRED AT THE TIME OF APP[lICATION
SUBMITTAL.
:f this application requires a separate review by any local,
State or Federal agency other tban the Town of Vail, the
appJ-ication fee shall be increased by $200.00. Examplesof suchreview, rtay include, but are not limited to: Colorado Departmentof Highway Access Permits, Army Corps of Engineers 404, etc.
't'he applicant shall be responsible for paying any publishing fees
whieh are in excess of 50% of the application fee. If, at the
applicantas request, any matter is postponed for hearing, causingthe rtatter to be re-published, then, the entire fee for such re-publication shall be paid by the app'''al",
Applications deemed by the Community Developmen't Department to
have significant design, land use or other issues which may havea significant iqpadt on the community may require review byconsultants other that town staff. Should a determination be
made by the town staff that an outside consultant is needed to
review any application, Community Development may hire an outside
consu:tant, it shall estimate the amount of money necessary to
pay him or her and this amount shall be forwarded to the :'own bythe applicant at the time he files his application with the
Community Development Departnent. Upon completion of the reviewof the application by the consuttant, any of the funds forwarded
by the applicant for payment of the consultant which have not
been paid to the consultant shal1 be returned to the applicant.
Expenses incurred by the 'rown in excess of the amount forwarded
by the applicant shall be paid to the Town by the applicantwithin 30 days of notification by the Town.
/
,/
ThePrudenttal 6&
Gore Range
Properties, Inc.
Sales D Rentals o Property Management
MEMORANDUM
To: The Town of Vail, Planning Staff
From: Anne D. Fitz
Reference: Attached proposal for signage in Intermountain
See attached sign copy and site proposal.
This is a tricky site because there is no street visibility except
from across Gore Creek which is quite a distance.
High Tech Signs originally planned a 4 X 8 " sign and they are
confident they had one approved last winter.
In any event, the sign design I have attached is 4 X 5" and
would be on 4x4 posts standing no higher than 8ft.
The sign color will be as follows:
All lettering (except Prudential Logo) will be brown
All underlining will be rust
Prudential Logo in royal blue
background will be cream
The site plan is attached with the proposed positioning.
Please call me with any questions or comments you might
have.
Approval through the staff verses DRB is most desirable;
your prompt cooperation would be most appreciated.
o Offices in VaiI and Beaver Creek o
An ndepandedly OwNdand Operabd Meder otTMPrudantiat mdEstateAff{tiat6, Im.
511 LbnsHead MaII
Vail, CO 81657
Bus. (3O3) 476-2482
Bus. (8O0) 283-2480
Fax (3O3) 476-6499
May 17th
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FROM:
DATE:
SUBJECT:
'.
fILE 08Pf
Planning and Environmental Commission
Community Deveiopment Department
January 10, 199a
A request for a minor subdivision, an amendment to a previously approved
development plan and a conditional use permit for four Type III employee
housing units at The VaiI Swim and Tennis Club, 2893 Kinnickinnick Road/a
poition of the SW 1/4, Section 14, T5S R8tW of the 6th P.M., Town of Vail,
Colorado.
Applicant: T. Charles Ogilby and Stanleigh H. ColePlanner: Shelly Mello
I. INTRODUCTION
This review is a request for the approval of a minor subdivision, a modification to amend the
existing development plan and a conditional use permit for four Type III Employee Housing
units for the Intermountain Swim and Tennis Club project. In order to change the plan as
proposed, the Planning and Environmental Commission (PEC) must approve a major
amendment to the plan approved in t979 by Eagle County. Because this parcel was never
platted, a mino( stibdlvision ;s also necessary. The approval of a conditional use permit is for
the Type III EHU's.
The original plan was approved as a PUD by Eagle County and was annexed into the Town of
VaiI by_Qffiinaqge No. t3, Series of 1981. Tttis annexation agreement allowed for twenty-fou(
condominiums.
no GRFA purposes of this review, we will use the Town of Vail's
standards' toi GRFA. When the property was annexed by the Town of
Vail, a provis^ron of the annexation ordinance required that any major modifications to the
Eagle County approved plan would require Planning and Environmental Commission (PEC)
approval. In that same ordinance, Residential Cluster (RC) zoning was applied to the
property. Under the annexation ordinance, all standards not addressed by the Eagle County
approved plan must meet RC zoning.
Phase I includes 10 existing multi-family units in two buildings with surface parking. Phase II
would build out the project by adding twelve free market units and four Type III employee
housing units for a total density of fourteen in Phase II and twenty-four units in Phase I and II
combined. Phase II will deviate from the original plan because four three-Ievel duplex and
four smaller two-Ievel duplex buildings each with a two-car garage will be used versus the
approved multi-family buildings.
GnFA:
Dellsity:,
\liA/ t; 9+c
Common Aroa:
222.849 sq fL, "
fiq,mNlNG
;,F'' -
4|.569 sq, |. +|,I50 crodils
-44.TfgsqLmlar
tK, i c,fn
at ,,,,it.
14.549sq.t.
33fi.
SS,712 sq. t.
"fffr',ut,,r
CUnfiENT
PnOPOSAL
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a : J ;'
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of
12,212 sq. fi. exjstinggffisq. h. proposed
37.388 sq n. Tolal Gf{FA
22+4TypslVullit9@5
=24tolaltmhs
767sq.t.
(forthetpabonvoontho
Pha$o I muffi-family units)
331t.
4"1!11 "'"
a
On Decernber 20, 1993, tho PEC considered this applicttion during a worksession. At that
time, the PEC reiterated the staff's eoncems with tho proposed improvements in tho
floodplain. Since that time, the applicant has revised the site plan to address these
comments. Also; gg a result of the darification of the floodplain by the surveyor, tho architeot
made addltional modifications to tne plan.
Il. ZONING ANALySIS
The analysis eompares the proposal, RC zonlng and the annexation approval. The RC
standards apply for other development standards not outlined in the annexation agreement.
1979
ANNEXATffi
APPROVAL
24d,, a4n-
14,549sq.fi.
Hdght: 33 fi.
Si1a Covemge: 26,046 sq. fi.
$ltoAro&
BulldabloAroa: 186,277sq.fi.
Parlang: 44 sud=o spacos 56 spaces;
.L lryacoporgnltif
Ieqdred by 1ho DRB
* 22Ssqu=efootofGRFAcrodhwll tetUowcatorcachunttin Phasoll:Bo4lsoPhasolls amulti-farnilybuldingjtianot digblefor
ete 225 sauare toot crodit.
Ill. AMENDMENT TO TH€ DEVELOPMENT PLAN FOOTPrIINTS
A Slte Plan/Buildina footorints
The proposal uses building footprints to identlfy the Iocation of each duplex. Theso
footprints do not indude roof overhangs, decks or walkways. These building footprlnts
will not be platted, however, the applicant will be Iimited to the Iocations indicated on
the approved slte plan.
As a result of the modificafions, the staff feels that the result is a better site plan.
While the interior Island was removed due to circulation issues, additional planting has
been included in front of each unlt. The result is a total decrease in the amount of
asphalt contrlbutable to clrculation when eompared to the plan revlewed at the Iast
worksession. In addition, parkfng has beon accommodated in front of each unlt except
for the two buildings Iocated on the southwest portion of the property {Units D and H).
6
24,lolllq.fi, ffi{
60agrado
(Pflago I 26 gpaees. Phaso lI g$ spaces}
Ptaae l1 32 enolosed
=acos =
02lolalspacos
l.
a These units are adjacent to the eight guest parking spaces which will address the
demands for these two units. Please note these two buildings have two enclosed
spaces per unit.
Upon review, the Town Engineer requested that the floodplain be reevaluatod
according to elevation points. As a result of this reevaluation, the floodplain Iine has
moved and in some areas benefitted the applieant in terms of buildable area. The
ehange in the floodplain has allowed for the applicant to adjust the buildings in addition
to offsetting them along ttte south property Iine which is positive. In addition, the
buildings along the south side of the property have been sited to allow for more
variation so that a "wall" of building is avoided.
The staff feels that in general the building footprints have been sited such that they are
sensitive to tho topography. The buildings have been pulled back to maintain a buffer
between the buildings and the floodplain. The staff feels that it is important to maintain
a buffer between the edge of the creek and the buildings in order to Iimit the impact of
the buildings on the area. The new building orientations on the south side of the
property are more sensitive to ac[acent property owners.
The applicant has added a two-car garage to each unit which the staff feels is positive
because ft significantly reduces the surface parking. We would ask the applicant to
consider the Iocation of the guest parking and distribute tne parking in two Iocations
instead of the one Iocation adjacent to the entry so that more Iandscaping can be
accomrnodated for screening purposes. We would suggest that a mlnimum of three of
the eight guest spaces be Iocated in Phase I of the project, if possible. This item has
been discussed with the Phase I Condominium Association and they foel that it could
be acceptable. The DRB will review this further.
B. Buildino Heioht
RC zoning allows for 33 foot maximum building height for a sloping roof. The applicant
has agreed to Iimit the maximum height per RC zoning. The dtaff feels that if the
buildings are Iimited to 33 feet, they will be more compatible with the surrounding area.
The building height of oach unit will be verlfied at the time of the DRB review.
c, p9Ogb
The application Includes four Type III employee housing units whieh for calculating
density are considered to be.5 of a unit. Therefore, there is a net increase of two
units over what was previously approved, but the total density will remain at twenty-
four units given the employee housing unit density allowance of.5. A conditional use
permit is necessary to allow for tne EHU's.
The staff supports the applicant's request to provide employee housing units which
meet the Town of Vail Housing ordinance. In 1981, the applicant requested an
increase in density in order to provide rental housing, however at this time the
applicant was not willing to permanently deed restrict these units and wanted to
rnaintain the right to eventually sell these units. At that time, the staff was willing to
|
support the request to Increase tho density if the applicant was willing to deed restrict
the units for a period of 20 years and felt that any increase without securing the deed
restriction would essentially be d 'giveaway'.
In order to assure the development ot these EHU's, the staff would require that at Ieast
two of the EHU's be built pdor to the completion of the first six units and the remaining
two EHU's be built prior to the completion of the remaining six units.
RC zoning allows for a 225 square teet drect;t when single family, duplex and
primary/secondary units are built in the RC zone district. Because neither the 425
credit nor the 225 credit were in oxistence when this property was annexed, although
some credits were allowed, the staff would refer back to the current zoning whieh
allows 225 square feet for the allowed credit in addition to the allowed GRFA of 21,64O
square feet. The 225 credit is not applicable to the existing Phase I multi-family unit
buildings, however, they are eligible for the eommon area allowance. The space
between the Phase II duplex units will be counted towards GRFA.
D. Pedestrian easement
The staff would ask that a public access easement be established along the creek
edge a;ong the nortn side of Gore Creek. While this will allow for public access, the
Town does not have any current plans to develop a formal path. The intent would be
to allow the public to access the creek. This easement would need to be established
prior to the rolease of any building permits and should be indicated on the minor
subdivision plat.
E. Arohitectural ouidelines
The applicant does not propose any architectural guidelines for this property. The
units would be reviewed by the Design Fleview Board as proposed. The applicant has
indicated that the materials and design of the buildings will be similar to the buildings
in Phase I of the project. The materials and general style of the units shall be as
indicated on the conceptual elevations. However, we do believe at the time of DRB
review a comprohensive Iook at materials, architecture, and Iandseaping is appropriate
and that the new project should be architecturally compatible with the first phase.
F. Phasinadan
The applicant does not propose to phase the project for construction. Ho would Iike
the option to construct any unit provided the proper Design Review Board approval is
obtained. The staff does not feel that it is appropriate to require the aplicant to
complete all of the construction within a specified number of phases. As discussed
previously, the staff would require that at Ieast two of the EHU's be constructed prior to
the cornpletion of the first six units and the remaining EHU be completed pr;or to the
completion of the remaining units.
"i
?c
G. LandscaDina/Gradino
The staff feels that Iandscaping is very important for this project, especially along the
perimeter of the project. The applicant has proposed to Iandscape these areas,
however, the staff feels that an additional fifteen to twenty trees as well as a berm
should be added to the project to screen the guest parking and increase the Iandscape
buffer between tho adjacent properties. The applicant has proposed to add twenty-five
5 gallon willows to be Iocated in the floodplain adjaoent to the creek. The Iandscaping
in the floodplain will be Iimited to indigenous plant material. No formal Iandscaping will
be allowed in this area.
In addition, the staff would ask that the Iandscape islands ad;acent to the units be
increased while meeting the Fire Department requirements radius. (Please see the
site plan that shows the extension for planters.)
H. Fire Denartment/Public Works concerns
Both the Fire Departrnent and Public Works have reviewed this application. The
applicant has provided the proper access to each building foundation. As a result of
Public Work's concem with the Iocation of the buildings and circulation, the center
island has been removed and smaller Iandscaped islands have been introduced
adjacent to the units. )
The applicant must address the Fire Department toncems prior to the issuance of a
building permit. None of the issues raised by the Fire Department have implications on
the development plan,
IV; CONDITIONAL USE CRITERIA AND FINDINGS
Upon review of Section 18.60, the Communlty Development Department recommends
approval/denial of the conditional use permit based upon the following factors:
A. Consideration of Faetors:
t. Relationshlp and Impact of the use on developmont objoctives of
tho Town.
Tho integration of employee housing into a development of this type is a very
tmportant objective of the town. The typo of unit, as proposed, is highly
desirable as it provides quality units on the bus route.
'2. The offect o1 the use on Ilght and air, dlstrlbutlon of population,
transportatlon faolllties, utilitlos, schools, parks and recreation
facllltles, and other publlo faollltles noeds.
The introduction of these units to this project will not impaet any of the above
criteria. The Phase I property owners have voiced their concem with the
additional traffic that the EHU's will contribute, however, because there is a net
increase of two units, the staff feels that this increase will be Iimited. As
proposed, additlonal parking spaces are teing proposed which should
accommodate any Increase in p,rking demand which would result from these
units..
3. Effoct upon traffiq with partlcular referenco to congostion,
,,t,,,ti,,,nd pedestrian ,,f,ty and oonven;onco, traffic flow and
control, acoess, maneuvorabllity, and romoval of snow from the
streot and parking areas.
There will be no impaet on any of the above criteria. The staff has worked with
the applicant to accomplish a workable interior circulation system which
addresses the concems we may have had with the issues Iisted above. The
existing access and proposed private drive will remain private.
4. Effect upon the charaoter of lhe area in which the proposed use :s
to be Iocated, Ineludlng the sca:e and bulk of the proposed uso in
rolation to surrounding uses.
Beeause these units are being incorporated into an existing pro)ect and the
deslgn will not differ from the free market units, the staff feels tnat there will be
no impact on the above criteria.
B. Findinas
That the proposed Iocation of tne use in accord with the purposes of the
cGnditional use permit section of the zoning code and the purposes of
the district in which the site is Iocated.
That the proposed Iocation of the use and the conditions under which it
would be operated or maintained would not be detrimental to the public
health, safety, or welfare or materially injurious to properties or
improvements in the vic'nity.
t
3. That the proposed use would comply with eacf of the applicable
provisions of the conditional use permit section of he zoning eode.
V. MINOR SUBDlVlSlON
While this parcel is partially developed, it remains unplatted. At this tlme, it Is appropriate to
complete a minor subdivision for the entire parcel including Phase I and Phase II and create a
single Iot. ThO parcel meets all of the requirements Iisted below:
nequir€d
Lot Size:
Fromagc: 30foot 646foel
Sizo =td Shape: Capaob ot anaodng a squ=u Inaels faquiramorjl
8O tlol onoathsida
Vl. STAFF RECOIJMENDATIONS
The minor be submitted and
tS,000 sq. fi. ZZ2.8t9 3q t. mfal
wmt a mintmtm a om sq lt t68,277 buiHablo
of btlildablo 11|1
the project. The
subdivisiGn.
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The materials and general arcititectural style of ttCrGase n units shall be as
indicated on the conceptual elevations dated January 6, 1994 by Langenwalter
Peel Architeets attached to this memo.
. '/
The applicant will submt(ada;nage and snow storage plan for the Town
Engineer approval prlor to the project DFIB approval.
As a recommendation, the staff would suggest that tho
spaces between Phase I and Phase Il.
split the oight guest parking
Please note that, under Section 18,60.080 of the Town of Vail Code, the approval shall
Iapse if oonstruction is not commeneed withln two years of the dato i
pursued to completion, or if tne use for which the permit is granted is
two years.
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TO:
FROM:
DATE:
SUBJECT:
' ME@ORANDUM -
Planning and Environmental Commission
Community Development Department
December20, 1993 '
A request for a worksession for an amendment to a previously
approved development plan at The Vail Swim and Tennis Club, 2893.
Kinnickinnick Hoad and a request for a cond;tionaf use permit for four
employee housing unitsia portion of the SW :/4, Section 14, T5S R8:W
of the 6th P.M., Town of Vail, Colorado.
Applicant: T. Charles Ogilby and Stanleigh H. Cole
Planner: Shelly Mello
I. [NTFlODUCTION
This review is a request for the approval of a modification to amend the existing development
plan of the Intermbuntain Swim and Tennis Club project. ln order to ehange the plan as
proposed, the Planning and Environmental Commission (PEC) must approve a major
amendment to the plan approved in 1979 by Eagle County.
The originai plan was approved as a PglD bvfaale Cquntv and was annexeg into the Tnwn of
Vail by Ordinance No. 13, Series of 1981. This annexation agreement allowed f.or twentv-,[our
rnndomininmn. When_fagle Coun!y approved the development plan for this project there was
n.g.gfifjsgggjigd. F"or the purposes of this review, we will use the Town of Vail's
Residential Cluster standards for GRFA. When the property was annexed by the Town of
Vail, a provision of the annexation ordinance required that any
approval. In that same ordinance. Residential ClttsterJRC)-zonbg.urasq:plied to the
ggpgt}. Under the annexation ordinance, all standards not addressed by the Eagle County
approV"Od plan must meet RC zoning.
Phase I includes 10 existing multi-family units in two buildings with surface parkincffiD
would build out the project by adding
and twenty-four units Phase I and II
becausecombined.
" "6f
Il. ZONING ANALYSIS '
The analysis compares the proposal, RC zoning and the annexation approval. The RC
standards apply for other development standards not outlined in the annexation agreement.
Site Area:222,849 sq. h. --
1979
ANNEXATlON
APPROVAL
CUFlnENT
PROPOSAL
34,882 sq. ft'
uffi
22 + 4 rype* unils @.5
= 24 lotal unils
33 n.
24,:01 sq, h.
34 al grade exisling
32 enclosod surface =
66lotal spaoes
RC ZONlNG
37,015 sq. n. + 3,150 credils
-40,165 sq, fi, tolar
2 units
33t.
55,712 sq, t.
56 spaces;
1 spaoe pef uni1 if
required by Ihe DRB
Buildable A ea: 148,060 sq. t. --
GRFA:37,015 sq. fi.
Densily: 24 unils
Heighl: 33 fi.
Sile Coverage: 28.048 sq. n,
Parking:44 sudace spaces
' 225 square feet of GRFA credit will be allowed for each unit in Phase Il.** To be verified.
Ill. ISSUES
A. Site Plan/Buildina EnveloDes
The proposal uses building envelopes to identify the Iocation of each duplex. The
applicant would request that roof overhangs, decks and walkways be allowed to go
outside of the building envelopes and that cantilevered decks be allowed to overhang
into the floodplain. In Phase I decks are built into the floodplain. With this amendment
the applicant would modify the installalion of decks in this area to cantilever with no
supports at grade.
The staff does not support this request. Section 18.69.040(A) - Development
Restricted states:
"No structure shall be built in any flood hazard zone or red avalanche hazard
area. No structure shall be built on a slope of forty pereent or greater except in
single-family residential, two-family residential or two-family primary/secondary
residential zone districts. The term "structure" as used in this section does not
include recreational structures that are intended for seasonal use, not including
residentialuse."
Previously the PEC reviewed an appeal of the staff debision which did not allow for
construction into an area in excess of 40% slope. The PEC upheld the staff decision
and did not allow any type of construction including roof overhangs and cantilevered
ti 1.az ^
decks to encroach into the area, As this is part of that same section of the code, the
staff feels that it would be consistent to apply the same conditions and not allow
cantilevered decks to overhang the floodplain. '
The staff feels that in general the building envelopes have been sited such that they
are sensitive to the topography. While there is no existing vegetation, the building
envelopes abut the floodplain. The staff would suggest that the building footprints be
pulled back to maintain a buffer between the buildings and the floodplain. The staff
feels that it is important to maintain a buffer between the edge of the creek and the
buildings in order to Iimit the impact of the buildings on the area.
The applicant has added a two-car garage to each unit which the staff feels is positive
because it significantly reduces the surface parking. We would ask the applicant to
consider the location of the guest parking and possibly distribute the parking in two
Iocations instead of the one Iocation adjacent to the entry so that more landscaping
can be planted there.
B. Buildino Heioht
RC zoning allows for 33 foot maximum building height. The applicant has agreed to
Iimit the maximum height be per RC zoning. The staff feels that if the buildings are
limited to 33 feet, they will be more compatible with the surrounding area.
C. QeadU
The application includes four Type lII employee housing units which for calculating
density are considered to be.5 of a unit. Therefore, there is a net increase of two
units over what was previously approved, but the tdtal density will remain at lwenty-
four units given the employee housing unit density allowance of.5-
The staff supports the applicant's request to provide employee housing units which
meet the Town of Vail Housing ordinance. In 1981, the applicant requested an
increase in density in order to provide rental housing, however at this time the
applicant was not willing to permanently deed restrict these units and wanted to
maintain the right to eventually sell these units. At that time, the staff was willing to
support the request to increase the density if the applicant was willing to deed restrict
the units for a period of 20 years and felt that any increase without securing the deed
restriction would essentially be a "giveaway".,
RC zoning allows for sJ25 qgggrdgelg[alit'when single family, duplex and
primary/secondary units hre built in the RC zone district. Because neither the 425
credit nor the 225 credit were in existence when this property was annexed, although
some credits were allowed, the staff would refer back to the current zoning which
allows 225 square feet for the allowed credit in addition to the allowed GRFA of 21,640
square feet. The 225 credit is not applicable to the existing multi-family unit buildings.
3
'
D. Pedestrian gasergent
The staff would ask that a public access easement be established along the creek
edge. While this will allow for public access, the Town does not have any eurrent
plans to develop a formal path: The intent would be to allow the public to access the
creek.
E. Architectural auidelines
The applicant does not propose any architeciural guidelines for this property. The
units would be reviewed by the Design Review Board as proposed.
will
oroiect. We believe architectural gu
"'=Ill"'===
are not necessary. However, we do
believe at the time of DRB review
e first nhase.
For the purpose of zoning, this area would
Gonsidered site coverage and GRFA.However, from a visual appearance the staff
would uroe the units toaether so that
space is (Please see the attach
F. Phasina olan
The applicant does not propose to phase the project for construction. He would Iike
the option to construct any unit provided the proper Design Fleview Board approval is
oblained.
G. Landscanino
A Iandscaping plan has not been received. The staff will require that formal
landscaping be kept out of the floodplain. ln addition, the staff would like to see the
creek area revegetated with indigenous plant materials. The staff feels that
Iandscaping is very important for this project, especially along the perimeter of the
project and also in the center island of the driveway. Staff would Iike the applicant to
submit a preliminary landscape plan for review during the development plan
amendment process at PEC.
H. Fire Denartment/Public Works concems
Both the Fire Department and Public Works have reviewed this application. The
applicant has provided the proper access to each building envelope. Specific
comments from the Public Works Department were not available, but will be included
in the final review, The applicant must address the Fire Department concems prior to
the issuance of a building permit. None of 1he issues raised by the Fire Department
have implications on the development plan.
Tho dnff wnml# nQkJh4the-aoDlicant consider attaching-tbe-3JeveLduotex unitn- As.
/
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INTERHOUNTAIN SUIH & TENNIS CLUB PHASB III
REZONIN0 & CONDITIOl\lAL USE PEIOfIT
ADJACENT PROPERTY OhlNERS :
Ui11iam B. & Laurie J.' Stewart
Uindermere Island C1ub
Box 25
Rock Sound Eleutnera
Bahaffias
Diptz, Inc,
Box 2072
Eagle, C0 81631
Columine North Condominium Assoc.c/o Vail Bookkeeping & Accounting
Box 5940
Avon, CO 81620
ATTN : Am)
Headow Creek Condominium Assoc.
C/o Property & Rental Hanagement flfihf't:J" -f"'p(:Kahy,-,tr ';',-t::,!:,
;:i!i]:;:{:r"'"""^""' /{O{:;';'€ ",,:( 'i):':i;tt:;lJ"-'-- Assoc. llk" ('fi'';- € r" j
[rjl: J;m, )),l\,la|3DlQs-CCH U:fW Ct
y{"S(k'
afiffi b-l* +g-
THIS ITEM MAY EFFECT YOUR
PUBLIC NOTlCE
PROPERTY
NOTlCE IS HEREBY GIVEN that 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 December 20, t993, at 2:00 P.M, in the Town of Vail Municipal Building.
In consideration of:
1. A request for a wall height variance to allow for the construction of an avalanche
mitigation wall Iocated at 4229 Nugget Lane/Lot 6, Bighom Estates.
k A request foran amendment to a previously approved development plan at The Vail
Swim and Tennis Club, 2893 Kinnickinnick Road/a portion of the SW :/4, Section 14,
T5S R81W of the 6th P.M., Town of Vail, Colorado.
Applicant:
Planner:
Applicant:
Planner:
Applicant:
Planner:
Applicant:
Planner:
Helen Dickinson
Shelly Mello
T. Charles Ogilby and Stanleigh H. Cole
Shelly Mello
Bobi Salzman
Andy Knudtsen
Juanita I. Pedotto
Andy Knudtsen
3.
4.
A request for a variance to build in 40% slope and for a wall height variance to allow
for a duplex to be Iocated at 2560 Kinnickfnnick Road/a parcel of Iand Iocated in the N
1i2 of the SW 1/4 of Section :4 T5S, R81W of the 6th P.M., Town of Vail, Colorado.
A request to rezone a tract from Primary/Secondary Residential to Low Density Multi-
Family, Iocated at 2850 Kinnickinnick Road/more specifically described as follows:
A pacel of Iand in the Southwest Quaner of Section t4, Township S Soulh, Range 81 West of Ihe 61h Pdncipd Meridian, more
particularly described as follows:
Beginning at a point whence a brass cap set for a witnes mrner for the West Quaner of said Section 14, bears (Nonh 29 deqrees 28
minules 51 gQnds Wes1, 1073.08 fee1 Deed) (Nonh 43 Degrees 15 minutes O2 seconds Wes1, 915.96 feet Meured); Thene Nodh
74 degrees 05 minutes 19 seconds E1, 10.76 feel; Thence 183.62 fee1 along lhe ac of a dfve 1o ffie righ1 which are sublends a
chord being Nodh 88 degrees 12 mjnutes 3O seconds Est, 181.76 feet; Thence Somh 77 degrees 40 minutes 21 seconds East,
62.77 feel; Thence 147.43 fee1 dong 1ho arc of a cufve 1o 1he Iet which arc subtends a chord being Nofih 86 dogroes 36 minules 17
9@nd6 Easl, 145.60 feet; Thonce Nodh 70 degrees 52 minules 55 seconds Easl, 406.55 feel; Thence 54.10 fee1 dong 1he arc of a
Qrve 1o the right which c subtends a chord bearing South 47 degrees 2O m jnutes 37 conds East, 44.20 feet: Then@ Soulh 14
degrees 25 minutes 5O se@nds Wes1, 11O.S1 f1; '
Thence South 68 degrees 18 ml'nules 91 seconds West, 320.00 foe1;
Thence Nonh 19 degrees O7 minutes 05 Fconds Wes1, 50.00 feffi;
Tbence Soulh 77 degrees 48 minules 41 seconds Wes1, 1BO.18 Ieet:
Thence Soulh 1O degrees 53 minules 33 conds Wes1, 3G-48 feel;
Thence North 87 degre 40 minu16 O6 seconds West, 337.72 feel;
Thence (Nonh 11 degrees 52 mmutes t3 semnds Et, 130.00 feet Deed} North I1 degrees 55 minutes!l semnds East, 129.75 be1
Meured) 1o ffie POINT OF BEGINNING.
Bearing Irom G.L.O. femrd for Somh half of Section Iine belween Sedion9 14-15. (G.L.O. record Soulh 01 degrees 30.2 minut East)
(South 01 degrees 38 minutes 32 semnds E1 Meured}
d
5. A determination for the review periods of the Exterior Alteration requests in the CCI
and CCII zone districts:
Staff is recommonding 90 day review periods for all of the following projects:
A. A request for a major CCII exterior alteration and a height variance to allow for
the enclosure of the elevator shaft for the Antlers Condominiums Iocated at 680.
West Lionshead Place/Lot 3, Block 1, Vail Uonshead 3rd Filing. '
Applicant: Antlers Condominium Association
Planner: Flandy Stouder
B. A request for a major CCI exterior alteration and a height variance to allow for
the redevelopment of the Covered Bridge Building Iocated at 227 Bridge
StreetiLots C and D and a part of Lot B, Block 5-B, Vail Village 1st Filing..
Applicant: Hillis of Snowmass, Inc. 'Planner: Mike Mollica '
C. A request for a major OCI exterior alteration for the Laughing Monkey to allow
an addition to the south side of the Creeksido Building Iocated at 223 East
Gore Creek Drive/a part of Tract l\, Block 5-B, Vail Village 1st Filing.
Applicant: Jose Guzman
Planner: Shelly Mello.
D. A request for an exterior alteration to the Lionshead Center Building to allow tor
the expansion of the Vail Associates offices Iocated at 520 Lionshead Mall/Lot
5, Block 1, Vail Lionshead 1st Filing..
Applicant: Vail Associates, lnc.
Planner: Andy Knudtsen
E. A request for an exterior alteration to allow for the expansion of dwelling units
at the Lionshead Center Building Iocated at 520 Lionshead Mall, Units 208,
209, 308 and 309/Lot 5, Block 1, Vail Lionshead 1 st Filingi
Applicant: Victor Cano Faro, Transcon lnvestments, lnc., and Jose
LuisChain
Planner: Andy Knudtsen
F. A request for a major CCII exterior alteration to allow for the construction of an
addition to the Lionshead Arcade Building Iocated at 531 East Lionshead
. Circle/Part of Lot 1, Block 3, Vail Lionshead 1st Filing. '
Applicant: Robert LazierPlanner: Jim Cumutte
i |'t
THIS ITEM MAY EFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTlCE IS HEREBY GIVEN that the Planning and Environmental Oommission 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 January 10, t993, at 2:00 P.M. in the Town of Vail Municipal Building. In
consideratioh of:
A request for a minor subdMsion and an amendment to a previously approved
development plan and a conditional use permit for four Type IlI employee housing
units at The Vail Swim and Tennis Club, 2893 Kinnickinnick Road/a portion of the SW
1/4, Section 14, T5S R81W of the 6th P.M., Town of Vail, Colorado.
2.A request for a major amendment to SDD #4, Area D, to allow an expansion to the
Glen Lyon Office Building Iocated at 1000 South Frontage Road West/Lot 45, Block K,
Glen Lyon Subdivision.
Applicant:
Planner:
Applicant:
Planner:
Applicant:
Planner:
Applicant:
Planner:
Applicant:
Planners:
T. Charles Ogilby and Stanleigh H. Cole
Shelly Mello
Paul M. DeBoer, representing Oalumet Federal Savings and
Loan
Shelly Mello
Vail Valley Medical Center
Andy Knudtsen
John Tyler/John Tyler, Jr./Robert Tyler
Shelly Mello
Charles Rosenquist, represented by Kevin Clair and Tom
Armstrong
Randy Stouder/Shelly Mello
3.
4.
5.
A request for a worksesslon to relocate the helipad to the east end of the Ford Park
parking Iot Iocated at 58O S. Frontage Road East/an unplatted pareel located between
Vail Village 7th Filing and Vail Village 8th Filing and a portion of the I-70 right-of-way.
A request for a minor subdivision Ioeated at 363 Beaver Dam Road and 383 Beaver
Dam Circle/Lots 2 & 3, Block 3, Vail Village 3rd Filing.
A request for a minor exterior alteration and a site coverage variance to allow for an
encldsed trash and grease dumpster at the southwest corner of the Gore Creek Plaza
Building, specifically Iocated at 193 Gore Creek Drive/Part of Block 5-B, Vail Village 1st
Filing.
J ' I i.
6. A request for an approval of the master plan to allow for an expansion and renovation
of the Town of Vail Public Works site Iocated at 1309 Vail Valley Drive/an unplatted
parcel Iocated north of the I-70 right-of-way, immediately north of Vail Village 8th Filing.
Applicant: Town of VaiIPlanner: Andy Knudtsen
7. A notification of approval of a minor SDD amendment to allow for a change in building
Iocation and building height located at 1335 Westhaven Drive/Lot A, Millrace III
SubdMsion.
Applicant: Michael LauterbachPlanner: Jim Curnutte
8, A request to amend Section 18.69.050 - Speoial restrictions for developments on Iots
where the average slope of the site beneath the proposed structure and parking area
is in excess of thirty percent in single family residential, two-family residential, and two-
family primary/secondary residential zones to allow the standards of this section to
apply to the Hillside Residential zone district. '
Applicant: Town of VailPlanner: Andy Knudtsen
9. A notification of approval of a minor SDD amendment to allow for the addition of an
airlock entry to the Gateway Building/Lot N, Block 5D, Vail Village First Filing/12 Vail
Road.
Applicant: LeoPalmerPlanner: Mike Mollica
o
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Petition Date I I. ZZ. 6l 7
PETmON FORM FOR AMENDMENT TO THE ZONING OBDINANCE
OR
REQUEST FOR
A CHANGE IN DlSTBICT BOUNDARIES
I. This procedure is required for any amendment to the zoning ordinance or for a request
for a district bcundary change.
A. NAME OF PETITIONER
ADDRESS
:1(0. %970
B. NAME OF PETITiONER'S FiEPRESENTATIVE
ADDRESS PHONE 41(o.4-€t
f?lCdGZ2
C.
**l.
ADDRESS '1Cl2
2/)10
PHONE c?b3 Yabl
D. LOCATlON OF PROPOSAL:
ADDRESS
ffi,+iom ot G.W. '/4,opt l4;
SIGNATURE
,-:--"
LEGAL DESCRlPTlON: LOT_ BLOCK__ FILING
ffi[e
Fagle dou,t-
E. FEE: Zonlng Amendments: $25d.00 Flezonlngs: $200.00
Il-
PAID X CHECK#j 9-- DATE )t ?2.cl3
F. Stamped, addressed envelopes and Iist of the names of owners of all property
adjacent to the subject property.
Four (4) copies of the following information: '
A. The petition shall include a summary of the proposed revision of the
regulations, or a complete description of the proposed changes in disctriot
boundaries and a map indicating the existing and proposed disctrict boundaries.
Applicant must submit written and/or graphic materials stating the reasons for
request.
Time Requirements
The Planning and Environmental Comission meets on the 2nd and 4th Mondays of
each month. A petition with the necessary accompanying material must bo submitted
four weeks prior to thc date of the meeting. Following the Planning and Environmental
Commission meeting, all amendments to the zoning ordinance or district boundary
Ill.
ohange must go tot the Town Council for final action.
.J
revised 10/5/92
t- -NAME OF
OWNER ( S )hnnnPQQ
OWNER (S) (print or type)
SIGNATURE (S)
Fffi;m a,4 6.[,q. /+.Gddiovt l+, 1!;6,
IIOCATION OF PROPOSAL: LEGAL:LOT
6
Date of AppJtication
Date of PEC Meeting |1-/,043
APPIIICATION FOR CONDlTlONJ\-I, USE PERMIT
This procedure is required for any project required to obtain aconditional use permit.
The application wi11 not be accepted untii a11 information issubmitted.
I\-NA[\lE OF APPLICANT
ADDRESS
b NAME OF APPLI ' S REPRESENTATIVE
ADDRESS
bL\l\],
D-JUUn
PHoNE 'I(lT 3"zor4:tr %o-lo
PHONE
z
PHoNE "ttaa - '%"to t
((tlz, P.H. i7{, '%D70
FILINGLnnnPQQ
FEE $200.00 PAlD-j(-- CK #
THE FEE MUST BE PAID BEFORE THE DEPARTMENT OF COMMUNITY
DEVELOPlVjENT WILL ACCEPT YOUR PROPOSAI..
Stamped addressed envelopes of the names of owners of allproperty adjacent to the subject property INCLUDING PROPERTY
BEHIND AND ACROSS STREETS, and a list of names and mailingadclresses. THE APPLICANT WILL BE RESPONSIB[,E FOR CORRECT
OWNERS AND CORRECT ADDRESSES.
PRE-APPLICATION CONFERENCE :
A pre-application conference with a plann:Lng staff mem'ber isstrongly suggested to determine if any additional information isneeded. No application wi11 be accepted unless it complete (mustinclude all items required by the zoning administrator). It isti:e applicant's responsibility to make an appointment with thestaff to find out'about additional subnittal rFquirements
BY
F.
II
Ill. PLEASE NOTE THAT A COMPI.ETE APPLICATION W::LL STREAMLTNE THE
APPROVAL PROCESS FOR YOUR PROJECT BY DECRlJASING THE NUMBER
CONDITIONS OF APPROVAL THAT THE PLANNING AND ENVIRONMENTAL
COMbllSSlON (PEC) MAY STIPULATE. ALL COND:TlONS OF APPROVAL
BE COMPLIED WITH BEFORE A BUILDING PERMIT IS ISSUED.
Four (4) copies of the following information must besubmitted:
OF
MUST
1
INTERMOUNTAIN sunt & TENNIS CLUB PHASE III
REZONING AND CONDITIONAL USE PBRHIT
Ia.?
The applicant wiJshes to obtain approval from the Town of Yai1 to complete
the 24 unit project approved by Eagle County in 1979. Because the proposa1
layout is somewhat different from the upproved development p1an, the project
wi11 need a zoning review. Also, the project wi11 include 4 Type III
employee housing units which require a donditiona1 use permit.
The property came into the Town bf Vai1 with 10 of the approved 24 units
constructed. The Town placed RC zoning on the property as an underlying
zone. ' The applicant would 1ike to construct the remaining 14 units as
fo11ows:
8 For Sa1e Units
4 Renta1 Units
4 Type III Employee Housing Units (.5 unit each)
The for sa1e units wi11 be approxiJmately 2250 square feet each with a double
garage. The renta1 units and Type III units wi11 be approximately 530 squarefeet );flus shared stair access making the tota1 GRFA approximately 61O square
feet per unit. These units ate.;situated above double garages A11 units wi11
be constructed as duplex buildings;
Existing GRFA on the property is t2,OO2 s.f.
A11owable GRFA based on buildable area is 37,636 s.f. (no credits included, RC zone'
Proposcd GRFA is approximately 22,880 s.f.
Available GRFA is 25,634 s.f. (no credits included)
Site area is 5.116 acres, 1.66 within the flood plain, 3.456 buildable
The proposa1 is in keeping with the Town of Yail's continuing need and interestin providing affordable housing. The projeet is close to a bus stop and a
neighborhood park. The buildings are 1ow profile, sma11 scale duplexes andin character with the neighborhood. They will a11 be 1og construction.
Two enclosed parking spaces are provided for each unit as we11 as six addi-
tiona1 qxteriop spaces The for sa1e units have enough space behirid their'garage doors for additiona1 parking.
The project wi11 have no adverse effect ori light and atr, traffic,, utilities,
snow removal, safety, etc..
-.....,...+.,i.i*..._..._.-,.-- 1:...6'.. :'-;. ! '..: I
a;'o''I / D
4-'Ui;-IUl=l Id.::k=ll^'r1
ai, =
rl{1 I'H'C.Il umFlele/'I"HUe.af \ll|l:J><lll4)|J
l"\
qqbjwYAHq% 9t-:'iMl.tEEl tiiitt'diiJltE00sti f
TEIS COtwEYANCB datod the,J74t,,1,w uf.ux3lJ,31?H'[1I."t..//ffra,try _a 198], 1$ fliillfi1 TTtAHnnN INVEfi'I'MtNTfi--""--/---
LTD,, a coioraao corporaLton and s.n. C0LB CONSTRUC'flOll,
INC,r aluu known at; S.Il, e0rn CONSTRUCTION COMPANY, a
Colorado corporat3on, as doclaranto under Oondum,tn.t.uut Dlaol&ljll
rntion for vat1 Internl,ountoln 8win and Tenllis C1ub ri$u{.;fid{Jd
1n book 298 at page 150, nagle County recorde P!Grantor'D,
whnlP addw!f.l9 is 21nn I;n_ Pront:nge nnnd, votl, colorado
tl J.657, to T[IAUIi:HN I NVELPl'MHN'H1, I.'PD ,, Fi cnlorado eorporation
and S.H, eonE' eONSTRUCTION eOI!PANY, a eotoraeo eowpqmt.ton
("Oaautt:t*'), whooe add:tost; is 2983 So. Fpntaqe nott.d, Vn{l,
Colorado 81657.
erantor, for vnluablo conoideration, t1= gguuipL,
.1hd sn:fficieney nf whirh is hereby aeknowlcdgod, aeting
pumuant' to paraq=ttph 29 (f} ot' thP nfmrlPflnid t:andominlun
Deq;:hraL.ion, be;;ebv sells and cottveys to Gran*ee R pts.epeiiui
a1, no:texelusiva *asement a11d rifJllt-of-gay oy''p anFonfi atld
through tltu pttruuJ, o,E r,tul ptop=rLy doaerib=d in E=hibit l\.
:tttaohod heroto and made a purt heruuf by Lhis reterence
(t.ha 'En*Alli&hf.'l for utUtty pt=poooo and fw lngr=os Imd '
tgresn nuhjnet, rn the terms and condltiono oet forth beluw.
or..t.* aeknowledqett trnt thP RJhffiJtl&nt ia subjeet
to Lhc Iollcwing Uerrns and conditionst
1, t.u=as= The nasement is for ume an pedentri-
a)n md v*biuulat aeeees Lo =nd =q=o*s fli=oya nnd *.o provlde
uttlitlco to t[e red prupe:ty loaaLed to the y)(+h_eanf, fif
Vai1 lnterlllrnlr1tT,In swtm nna.'Iaonnir Club eondoll[illiulll8, Ph&ae
rr nuilding n ns filed for rocord unfut tuctrpLion nu;nbeff
;nonn.ts, clcrk tt Recorder uf E.tglo Cot,tntv.
2. eQn€L{:gg-L[9}LJfid.j9n9,LU Grnntol^ granto to
Crantoe tbe glght Lo enLer upo.I! thB ahnve dcsaribod landu
for tho ' purpunu ul insLsJ.J,=tj,0lll repaff, repheoneDtr
rnmmvn1 nr otherwloe. (ffimtor ft.trth*t q):ants t'.o Gt'alffiee
riqht to use.'fo muffh of the adjo.tning ltnnd of Ot-antor a*
o '5j
\tJ
m
i
F01
the
4-IaZ- I 'J'36 1 2 I DBP[4 r'Ar'Er{ CHAE€/'F'ACEE U7e'JE3a7eD
"'\
qr ''
i'
q={
=
shali be rea$onably neeessary to enable l.doJ.akmen &nd equil)-
ntenL Lo propedy and eu;tvenfit:tly uunuUyut, repii,j,,g ur
remove sa1d fan.tltt.iefi..
j. Jffiffigffi.fin. G:;anLee ahal1 resLore Lhe
uubject lttndn ta ortgin:t1 conditione and ohall repalr any
damago to ad)o.tnlng land nr.qtJrll{Djfilrnq nA a renult or nntd
eonstruetien, filnin{:P;narem nr rOmfivAl..
4, fl{n.dj!ltJ. ff'fng(, 'I'hfi prowinionn hel'eof shalL
Jnure to the benefit of and bind the suceessorn and nssigns
of Lhe respeeLive paxLies ::ereto. '
1N WffNBSS WBEPEOF. Lhe parties have exeeuted thjis
agroenont on tho day and yoar flrot above writtwt. I '
GRANTOR :
S.H. e0Lr CONSTnUCTlON, INC,|
s1so k11owl1 afi S. H, Co1e
CollsLL-uetiol1 Compa11}'
1191 deelnrant undcr
eoneomintim nr;tefirat,ion for
Vl[i1 nttemountafit fiwfit nnd
tennis club r+eotrled in book
298 at, paqo 1:.iQ. EAqla CO11llty
Reuojds,
STATE c]F CC]LOrCADO
COt;NTY c')P fiAt?,f.F.
og.
Xy commis*ion expf rent Jqpg._$. 198B I
?he, fnregning instruncnt was aeknowledged UeforJ
me hy 'l',..L:h.![r}s!-[.:qil,by , an prosidcnt and :
dOh11W. Dunn nOrJl;iv]retmry a"r 'jmAHEmi INVEBTHBNlffi 1TD.p
ilJGIGFE?ffiEGEfiGEatlbiI ;'Jdeetarant, llrldilH' t:tl A conaomtntun
I)eel&tlttidln tor Vai1 IntermOuntain ut,Jim nnd tttennin e1ub
teeorded in book 298 at: ]:itj.rye J50, r:mgle f:omff.y reeGrder,
thio 29th day of rtmu,;;rya.1987- '
Wttnoss my hand and offifti,ql nooJ.
_._. A'.,...,JL/lu,-Ndt.ary Publio,:
6J,ifi.-.,._
4U;di I UUt j I ;d I k=I 'I11
=
I''al'tJ{ Umf'\:fUr'I'j"[UtU lJlldJl:lDalll1l.)|0
SAN FRANCISCO
Thc forcgoing inotruncnt wae acknowledged before
me bv s. H. conr _ as preeident and: r;, n'- Tm':i=""'""'"Tr seerutary of S-H. C01,E CONSTRUeTlOhl,
lfiOtTTIEGffiiUOiF., S,H, C0LE C0N9rnueTlON COMfftNY, a
Otffi.=+.lu t;w;purtffiion, deelarant under the Cond.umfiuLum
Dc.}claration for Va11 Intorrclountain Swim and Tenniu C1l,1b
roeordod Jm book 298 at pngc 150, naqle tounty redorder, thtn
2.?L,h day of. JdlluHl}', 1987.
eAT,IFOmIIA
STATE OF aono[fmotx
eOUh'l'Y OF eitUOU{
f\
ss.
n nty hnnd and Gffifflifil aeal.
cjn & coulllr 0r g1 fi
tt/ba,,,t.t,.' emm llGtnlry n. jjij
commi.sfi nn evp i re :t :---pe-qglt.tbe,r L1, 1987, J '
TRAHEnN lNvBGTMBNTS| LTD..
.1 enlorado,eortoratlon
/, /;,TJL&JJ/ll-#-;h
S.H. eo[ip coNsTRUCTIONl
COMPANY
The foretgoirg innlnmwtnnf. was geknowledgod before
,.'J'lSd,kY :t=ta:.i a*,l9eel'etary
ut. I'hfitbqllffilby- !' pr!Rident nn{: Jlohnes_zxi)bt.__. FH prPslnenr fi00 Jlohn VJ., ihlntl--
of 'l*ahbL=n InveBtmel')t'!lr ntml,, a nfilorado,
eoi-poratiolu t11i.s 29th dn1| of ilnnunryl ]9a7.
14ituuus my lutm1 and ofiieia1 seaL.
ny eomtrfision expirr.*;
CALIFOnNIA
ryp;qrpy; on tathKfilRtfeT
A9-
COUNTY fJF Ir4U0)0X
$AN FRhNClSeC
- '[-l11llcfiugoijH1 insLL'ument wnt t"}!"fifft$hffi'"''"tuu by fi. f:99lJ-E - - as preoident snd _':. ___as aee;ceUarv ffi S,H, diJte congtruetibn c:fiq;nily, a Colorado
gggporpLion, thio 19tb dsy ot,.lanuurx. 191'7.
wfinn.nn my h&nd and offlcia1 oeal.
t;ty nommioeion cxpireot peqc)J]_cj_?j.?_..___.____-
lLI.
CRANTEE I
ATTEfiT:
!.,,,#
STATE OF COLORADO
't0U1i1TY OF B;\GI,E
1;$i.
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ffi,:d{ffit::fi[:[$
Hr OotnntMlm Elljllr ff=ttbrr n, t18l'
lTotary P\1
4iJ;dlUUb ;4jlU.'l'Fl PliUll'i{\I'bl{ UHJ'\bh/'I"j".Ubi U/UlUUJt}/l::lU
'-1'
L.
i4
t
A THArT C1r mHD BEINfl AN ACCeSS SA$O)IItNt AeROSS VAIL lNTBR}tOUNTAlN $UlH AJ\ID ]:ENNIS.
CLrh IJOND(IHlNIUH :mtsts i AND n, sun,Dnles A AND B e0t{t)o}miluH lIIA1IS A5 F:LI;D FOR
Rfi()ORr UNbE)t IUC,ffPTlON NUKdBRS 1945/t? AN1) 220985 IN 11IB OrrlCl OF 1HB CLERK AM)
RrC{)I(jJLR 0P BAeLB C0UNtY, COLOlU\b(). S&lD 'mACT 0F LAHD BEl:{C HORB I'ARTlCUUUtLY
bE9(:KtjU:D A$ P01.I.0HS= '
BBeIIQIlNC AT nIB BOImISA$l COnnnt or 6AU'I VAnl INffill€lullYAtN BUl.M AND Tt:Fl{I8 CLUB
eONIJnHlNnlH PHASB 1I BUlU)lNC B, THHbh:H N 42'5:t'o/'' t,; ALuFG THC EASTERLY BOUlIDARY0r SAID rIIASB I1 HUl:LDll{r; b A UmTlUlffi{ 0f JJ,.[l& Fg[f; 'IlIPNCE 8 62'26'IO" U A
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OCEDURESEWERI,INE ACCEPTANCE PR
Project:
Const. Co.: q,$,.,.. c,\.tu. - Contact/#
Distrlct Lllluts,l\ Location \I.1.H.
Agreement of Dedication Letter: (includes Mains, Appurtenanees, Easementsand Intent for Cost Recovery) Yes No Date
Date ADDroved B1L
Plan SubmittaJ (3 sets)
Approved for Construction (5, sets)
= = ======== = = ===== = ==== = == = ====== = = = ====================================:'
Ag, {\l\,,,.\,.,.)
Notes
Yes No
Yes No
Notes
Yes No
Yes No
Yes No
Ye s No
Ye s No
Yes No
Yes No
Ye s No
Yes N o
Yes No
INSPEC'IlONS REQUIRED :
( To Mapping
Easement Documents
Conveyance Agreement
Pro jeet Costs ( $
1-Year Construction Warranty
Final Acceptance (GM / Board)
Notifieation Letter (RA)
Date
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MH Interior &
Lamping
Ljnes Cleaned
Mandre]
Rough Grade
Air Test (
T.V, / Pipe Type ( %'' D()g_ )
Fina1 Grade & Paving Inspeetion
Construction Acceptance (MlvJ)
Notification Letter (RA)
ACCEPTANCE DOCUMENTS :
As-suilt: (_) Mylar & (-)
t1
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================= = ===== = ======= = = ======================================= :'
Dislc
ADDroved Bv Notes
Ye s No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
)
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---b ( 3 ) Central Filing
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WATER LI11fE ACCEPTANCE PROCEDURE
Project:
Const. Co.
District:
Agreement
/-R1 t: \'t;ado.vtct- Contact/#
uuc uo"0
to Dedicate Letter : ( includes
"Intent for Cost Recovery")
Owner/#
Location
mains, appurtenanees, easements andYes No Date:
P1an Submittal ( 3 sets }
Approved for Construction ( 5 sets }
Date
tO-G-C1tt
t b - \iL Klq
I(:-\b -"|Lc
ADproved Bv Notes
Ye s No
Yes No
DateCONSTRUCTION INSPECTION:
Valve Box: to Grade & Operated
Fire Hydrant: to Grade & Operated
High CltJorine Test ( ?OOuvr) lSL )
now Chlorine rest (.O% \-5\ /JL )to -t%-c\9
Bacteriological Test ( D,,ssQ-L (()-(;--qq
%-\d.t '\Ss o;,i
Pressure Test ( t'tootd,,,. t\;xv ) lO -t% J19
(O- I%-"t'(Curb Stops: to Grade & Operated
Final Grade & Paving Inspection
Construction Aeeeptanee (MM}\a.,'Z3."1\t
AplJroved Bv.
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No!es
Yes No
Ye s No
Yes No
Yes No
Ye s No
Yes No
Yes No
Ye s No
Ye s No
Yes No
t1
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tl
\7 ffi3 -T9 R qcu,l, v>Notification Letter (RA)NOtltiCatiOn tetter (HA) 'll9_H-lJ
ACCEPTANCE DOCUblENTS :
As-Built: (-) blylar & (-) Disk
( To Mapping :
-)
Easement Documents
Conveyance Agreement
Pro ject Costs : ( $
1-Year Construction Warranty
Final Acceptance {GM / Board)
Notlfication Letter (RA)
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Yes No
Routing : ( 1 ) Engineering -_-b ( 2 ) Aecounting
---> ( 3 ) Central Filing
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t
'':r;>.;;gg( ;{:j
CONDOMINIUM DECLARATIONfor
THE LODGES AT TIMBER CREEI(
THIS CONDOMINIUM DECIlARATION is made as of the 15th dayof December, 1994, by T. CHARLES OGILBY and S. H. C0LE
CONSTRUCTION COMPANY, a Colorado corporatton, together a Coloradogeneral partnership, which declares hereby that "The Lodges atTimber Creek" (as hereinafter defined) is and shall be held,transferred, sold, conveyed and occupied subject to thecovenants, restrictions, easements, charges and liens hereinafterset forth and as a "common interest community" pursuant to theterms and provisions of the Act (as hereinafter defined).
1. DEFINI'I'IONS
The following words when used in this Declaration(unless the context shall prohibit) shall have the following
meanings :
1.1 "Act" shall mean and refer to the Colorado CommonInterest Ownership Act as it exists on the date hereof.
. 1.2 "Allocated Interests" or "Sharing Ratio" shall
mean the percentage of the total undivided interests in the
Common Elements allocated to a Condontinium Unit pursuant to
Section 4.1(b) hereof; and the percentage of the total liabilityfor assessments for Common Expenses allocated to a CondominiumUnit, pursuant to Section 5.2(b) hereof. The formula utilized todetermine the Sharing Ratio of each Condominium Unit is the ratioof the gross floor area of each Unit to the gross floor area ofall Units.
1.3 "Association" shall mean and refer to THE l,ODGES
AT TIMBER CREEX [IAINTENANCE ASSOClATlON, INC., a Coloradocorporation not for profit.
1.4 "Board" or "Board of Directors" shall mean andrefer to the members of the Board of Directors of the Association
from time to time.
1.5 "Common Elements" shall mean and refer to eachportion of the Common Interest Community other than a Unit. Someof the Common Elements are identified on the Map as such or as"C.E." "Common Elements" shall also include the appurtenant
easements and licenses descriloed in Section 2.3 hereof.
1.6 "Condominium Unit" shall mean and refer to a untt
f.,,rid/GP44d, P\' dnh+ a ftt(tGff,Pe(;tr
together with the undivided interest in the Common Elements andthe right to the exclusive use of the Limited Common Elementsallocated thereto (which exclusive use may be shares with one ormore other Condominium Units). An individual Condominium Unitmay be referred to in the Declaration by reference to suchCondominium Unit's "identifying number" (as such term is definedin the Act).
1.7 "County" shall mean and refer to Eagle County,Colorado.
1.8 "Declarant" shall mean and refer to T. CharlesOgilby and S. H. Cole Construction Company, a Coloradocorporation, together a Colorado general partnership, itssuccessors and such of its assigns as to which the rights ofDeclarant hereunder are specifica11y assigned. Declarant mayassign all or a portion of its rights hereunder, or all or aportlon of such rights in connection with appropriate portions ofThe todges at Timber Creek. In the event of such a partial
assignment hereunder, the assignee shall not be deemed theDeclarant, but may exercise such rights of Declarant specificallyassigned to it. Any such assignment must be executed byDeclarant and recorded in the public records of the County, and
may be made on a non-exclusive basis.
1.9 "Limited Common Elements" shall mean and refer toany portion of the Common Elements which is now or hereafterdesignated 1n writing by the Declarant as such and assigned to aUnit or Units to be used (but not owned) by the Owner(s) or
Member's Permittee(s) of such Unit(s) to the exclusion of
Owner(s) of other Units (but not to the exclusion of theDeclarant, the Association or applicable governmenta1 bodies andauthorities or utility companies). Some of the Limited CommonElements are identified on th6 xap as such or as "L.C.E." In theevent that any Limited Common Elements are assigned to a Unit(s),the right to use (but not ownership of) such Limited Common
Elernents shall become an appurtenance to such Unit and shall passwith the title thereto, regardless of whether or not same israentioned or provided in the deed or other instrument of
conveyance of the Unit.
1.9 "Unit" shall mean a physica1 portion of The Lodgesat Timber Creek designated for separate ownership by individualsor entities the boundaries of which are determined from the Maptogether with (a) all fixt'ures and improvements contained withinsuch boundaries; (b) the inner decorated finished surfaces of allwalls, floors and ceilings which constitute such boundaries; (c)all doors and windows which constitute such boundaries and (d)a11 space and interior, nonsupportinq walls contained within such
boundaries.
1.10 "Member" shall mean and refer to a11 those Ownerswho are Members of the Association as provided in Section 3.1hereof.
1.11 "Members' Permittee" shall mean and refer to aperson described in Section 7.2 hereof.
1.12 "Mortgage Lender" shall mean and refer to a bank,savings and loan association, mortgage banker or company, pensionfund, agency of the United Stat,es Government, Real EstateInvestment Trust, the Federal National Mortgage Association, theFederal Home toan Mortqage Corporation, the Declarant, or any.other lender (or any successor or assign thereof) holding a first
mortgage on a Unit(s) which is subject (i.e. subordinate) only totax liens.
1.13 "Owner" shall mean and refer to the record owner,whether one or more persons or entities, of the fee simple titleto any Unit within The Lodges at Timber Creek.
1.14 "Owner Control Date" shall mean and refer to adate which is no later than: (i) sixty (60) days after conveydnceof twelve (12) Units to Owners other than the Declarant, or (ii)two (2) years after the last conveyance of a Unit by Declarant inthe ordinary course of business, or (iii) two (2) years after anyright to add new Units was last exercised.
1.15 "Plat" or "Map" shall mean and refer to the plat
and map for The Lodges at Timber Creek, recorded in the recordsof the Clerk and Recorder for Eagle County, Colorado,
contemporan eously with the recording of this document.
1.16 "Special Declarant Rights" means the Special '
Declarant Rights as set forth in the Act and a11 rights reservedfor the benefit of the Declarant as permitted by the Act,including, without limitation, the right: to complete
improvements indicated on the Plat; to exercise any developmentright; to maintain sales offices, management offices, signsadvertising The Lodges at Tirnber Creek, and models; to use
easements through the Common Elements for the purpose of making
improvements within The Lodges at Timber Creek or within realestate which may be added to The Lodges at Timber Creek; or toappoint or remove any officer of the Association or any executiveboard member at all times during the Declarant Control Period.
1.17 "The Lodges at Timber Creek" shall mean and referto all such existing properties as set forth in Section 2.1
below, and additions thereto as are now or hereafter made subjectto this Declaration.
2. PROPERTY SUBJECT TO THIS DECLARATION; RIGHT T0 ADD UNITS
2.1 Lectal Description. The real property which is andshall be held, Elansferred, sold, conveyed and occupied subjectto this Declaration is located in the Town of. Vail, Eagle County,Colorado, and is more particularly described in Exhibit "A"attached hereto, a11 of which real property (and a11 additionsand improvements thereto and less any withdrawals therefrom) isherein referred to collectively as "The Lodqes at Timber Creek"
( "the Property" ).
2.2 Riqht to Create Additional Units. Declarantreserves the r;jftt to create, from time to time within ten (10)years following the recording of this Declaration, within thearea described in Exhibit "B" attached hereto, a maximum oftwelve (12) additiona1 Units by recorded supplement,al ^
declarations, which shall not require the consent of thenexisting Owners, the Association or any Owner's mortgagee.Nothing herein, however, shall obligate the Declarant to create
such additional Units. All Owners, by acceptance of a deed to,or other conveyance of, their Units, thereby automatically
consent to any such creation of additional Units and shall
evidence such consent in writing if requested td do so by the
Declarant at any time (provided, however, that the refusal togive such written consent shall not avoid the general effect ofthis provision).
2. 3 Appurtenant Easement, Aqreement and Licenses.
There shall be appurtenant to and a part of the Common Elementsthe rights and obligations of the following easement andagreement: '
(a) Easement recorded ;anuary 30, 1987, in Book 456 at
Page 749, Eagle County records and to be assigned to theAssociation upon completion of the additional units provided forin Section 2,2 hereof, or no later than ten years from therecording hereof if the rights provided for in Section 2,2 hereofare not exercised, for pedestrian and vehicular access to andegress from, and to provide utilities to, the Common Elements.
(b) Easements shown on the Plat or otherwise of record
and appurtenant to the subject property.
Declarant hereby specifically limits use of the commonareas adjacent to and underlying Gore Creek to fishing by the useof fly rods and flies only; all fish caught while fishing on
o
common areas shall be released and returned to Gore Creek; a11persons while fishing shall comply with all 1aws, rules andregulations of the Colorado Department of Wildlife. Thiscovenant may be enforced by Declarant, the I4embers of theAssociation or any member of the public.
3. MEMBERSHIP AND VOTING RIGHTS IN THE ASSOClATlON
3.1 Mqffigg!_[p. Every person or entity who is arecord Owner or"l fee or undivided fee interest in any Unit shallbe a Member of the Association. Notwlthstanding anything else tothe contrary set forth in this Section 3.1, any such person orentity who holds such interest merely as security for theperformance of an obligation shal1 not be a Member of theAssociation.
3.2 VqfipgJig[gg. Each Ivlember shall be entitled toone (1) vote foreach Unit in which they hold the interestsrequired for membership by Section 3.1. When more than oneperson holds such interest or interests in any Unit, all suchpersons shall be Members, and the vote for such Unit shall beexercised as they among themselves determine, but, in no eventshall more than one (1) vote be cast with respect to any suchUnit.
3.3 The Board of Directors. The affairs of theAssociation shalI66-i;-fi-;66ajrtTIfiGard, which may byresolution delegate any portion of its authority to an executivecommittee, a dlrector or a managing agent. There shall be not1ess than three (3) nor more than (5) members of the Board, asset forth from time to time in the Bylaws, all of whom shall be
Owners (or designees of the Declarant) and be elected by the
Owners as specifically provided in, and subject to the limitationas, set forth in the Bylaws. Notwithstanding anything to thecontrary herein, until the Owner Control Date, the officers and
members of the board shall be appointed and removed as follows:
(a) From the date that The Lodges at Timber Creekis created to a date sixty (60) days after conveyanceof four (4) Units to Owners other than Declarant, orpersons designated by it, Declarant may appoint and
remove the officers and members of the Board.
(b) Thereafter to a date sixty (6O) days after
conveyance of eight (8) Units to Owners other than theDeclarant, at least one member and not less thantwenty-five percent (25%) of the members of the Boardmust be elected by owners other than Declarant;
lc) Thereafter, and until the Owner Control Date,not less than thirty-three and one-third percent (331/3%) of the members of the Board must be elected byOwners other than Declarant;
(d) Not later than the Owner Control Date, theOwners shall elect the Board, at least a majority ofwhom must be Owners other than Declarant;
(e) The Owners, by a two-thirds (2/3) vote of allpersons present and entitled to vote at any meeting ofthe Owners at which a quorum is present, may remove anymember of the Board other than a member appointed byDeclarant.
Notwithstanding the foregoing, the Declarant mayvoluntarily surrender the right to appoint and remove officersand members of the Board before the Owner Control Date, but, inthat event, the Doclarant shall have the right, until the OwnerControl Date, to require certain actions of the Association orthe board to be first approved in writing by Declarant beforesuch actions become ettecttve, provided said right is reserved ina recorded instrument executed by Declarant.
3.4 General Matters. When reference is made herein,or in the ArticG;-;ETEE;G:-;Iles and regulations of theAssociation, management contracts or otherwise, to a majority orspecific percentage of Members, such reference shall be deemed tobe a reference to a majority or specific percentage of the votesof Members present at a duly constituted meeting thereof (i.e.,
one for whlch proper notice has been given and at which a quorumexists) and not of the Members themselves.
4.PROPERTY RIGHTS IN THE COMMON ELEIlENTS OTHER EASEMENTS
4.1 Condominium Units. (a) The Property is herebydivided into toET]T[dEfiEGiIHTi Units designated as CondominiumUnits C11, C12, D25 and D26. Each Condominium Unit consists ofthe Unit identified by such Condominium Unit's identifying numberon the Map, the undivided interest in the Common Elementsallocated to such Condominium Unit pursuant to Section 4.1(b)hereof and the exclusive right to the Limited Common Elementsallocated to such Condominium Unit pursuant to Section 4.1(c)hereof.
*
(b) The tdtal undivided interests in the CommonElements are hereby allocated to the Condominium Units in thefollowing percentages :
o
Unit C11
Un 1 t C 1 2Unit D25Unit D26
(c) Those portions of the Common Elements are Limited
Common Elements which are assigned to the specific CondominiumUnits comprising each individual residence.
4.2 Leqal Description. Any contract of sate, deed,tease, deed of Elust, mortgage, wi11 or other instrumentaffecting a Condominium Unit shall legally describe itsubstantially as fo11ows :
"Condominium Unit _, THE LODGES AT TIMBER CREEX,
Town of Vatt, EaglE16;nty, Colorado, according to the
Condominium Declaration for The Lodges at 'rimber CreekCondominiums recorded on
-,
1994, inBook at Page-Gi-[he real estate
r e c o rEE"GFffifG"c o u n t y, Colorado (collectively such '
declaration and map are hereinafter called the
"Declaration" ) ;,
Every such description shall be good and sufficient for allpurposes to se11, convey, transfer, encumber, lease or otherwiseaffect not only the Condominium Unit, but also the interest inthe Easerttents made appurtenant to such Condominium Unit by thisDeclaration. The interest in the Easements made appurtenant toany Condominium Unit shall be deemed conveyed or encumbered withthat Condominium Unit, even though the legal description in theinstrument conveying or encumbering such Condominium Unit mayonly refer to that Condominium Unit. The reference to theDeclaration 1n any instrument shall be deemed to include anysupplements or amendments to the Declaration, without specificreference thereto. r
4.3 Members Easements. Each Member, and each Member'sPermittee, shalTTE6116fi"lGlElustve permanent and perpetual
easement over and upon the Common Elements (except, however, forthe Limited Common Elements) for the intended use and enjoymentthereof in common with all other such Members and their Member'sPermittees in such manner as may be regulated by the Association.Without limiting the generality of the foregoing, such rights ofuse and enjoyment are hereby made subject to the following:
39.26%
39.26%
1 O. 74 %
10. 74%
(a) The right and duty of the Association to levyassessments against each Unit for the purpose ofmaintaining the Common Elements in compliance with theprovisions of this Declaration and with therestrictions on The Lodges at Timber Creek (or portionsthereof) from time to time recorded.
(b) The Special Declarant, Rights, which arehereby expressly reserved unto Dpclarant to the maximumextent permitted by the Act.
(c) The use restrictions set forth herein and theright of the Association to adopt at any ttme, and fromtime to time, and to enforce rules and regulationsgoverning,among other things, the use of the Common
Elements and all facilities at any time situatedthereon, including the right to fine I4embers ashereinafter provided. Any rule and/or regulation soadopted by the Association shal1 apply until rescindedor modified as if originally set forth at length inthis Declaration.
(d) The right to the use and enjoyment of the
Common Elements and facilities thereon shal1 extend toall Members' Permittees, subject to regulation fromtime to time by the Association in its lawfully adoptedrules and regulations.
(e) The right of the Association to grantpermits, licenses and both general ("blanket") andspecific easements over, under and through the CommonElements.
' (f) The right of.Declarant to withdraw certainproperty from The Lodges at 'rimber Creek as isotherwise permitted herein.
(g) The right of the Associatlon to enter onto,under and into all Units, pursuant to Section 4,4hereof, to make emergency repairs and to do other worknecessary for the proper maintenance and operation ofthe Units and other portions of The Lodges at Timber
Creek.
4.4 fiasements Appurtenant. The easements provided inSection 4.1 shan be appurtenant to and shall pass with the titleto each Unit, but shall not be deemed to grant or convey anyownership interest in the Common Elements subject thereto.
4.5 Common Elements Maintenance. The Associationshal1 at all tt and manage, operateand tnsure, and shall replace as often as necessary, the CommonElements and, to the extent not otherwise provided for, thepaving, drainage structures, landscaping, street lightingfixtures and appurtenance, improvements and other structures
.(except public utilities) situated on the Common Elements, ifany, all such work to be done as ordered by the Board ofDirectors of the Association.
The obligation of the Association to maintain the
Common Elements shall include the obligation to pay thereasonable and necessary pro-rata cost of the maintenance of the
improvements associated with the easements and licenses describedin Section 2. 3 hereof..
4:6 Rioht of Entrv. There is hereby created an
easement in ravG"r of the Association and its applicable
successors, assigns, employees, contractors and assignees over
each Unit for the purpose of entering onto such Unit in the
performance of the work herein described, provided that thenotice requirements of this Declaration, if applicable, are
complied with and any such entry isduring reasonable hours,
except in the case of an emergency.
4.7 Utilitv and Access Easements - Common Elements and
Units. The use of the Common Elements for utilities a
access, as well as the use of the other utility and access
easements as shown on the Plat or described in Section 2.3:
hereof, shall be in accordance with the applicable provisions ofthis Declaration and the Plat. The Declarant shall have aperpetual easement over, upon and under the Common Elements for
access and for tnstat:atton, operation, matntenance, repair,
replacement, alteration and expansion of utilities and/or cable
television and security and other communication ttnes, equipment
and materials and other similar underground installations forservice to the Units and other portions of The Lodges at Timber
Creek.
In the event that any utility lines, equipment, metersor fixtures ("Utilities") are now or hereafter installed, a non-exclusive easement therefor, and for the initial installation (ifapplicable), maintenance, repair and replacement thereof, shallexist in favor of whichever of the applicable governmentalauthority, utility company, or the Association has theresponsibility for the installation, maintenance, repair or
replacement of the Utilities. The Owner(s) and the Member'sPermittees of such Owner(s) shall not do anything in, on or about
the Unit which interferes with the operation of any Utilities orthe installation, maintenance, repair or replacement thereof.Any user of the easement herein created shall, promptly after thecompletion of any applicable work thereon, restore the propertyto the condition in which it existed immediately prior to thecommencement of such use.
Easements are hereby reserved over the Common Elementsin order to permit drainage and run-off from one Unit (and itsimprovements) to another or to the Elements or from the CommonElements to any Unit or Units.
4.8 OwnershiD. Beginning from the date thisDeclaration is Fecorded, the Association shall be responsible forthe maintenance, insurance and administration of the CommonElements, all of which is to be performed in a continuous andsatisfactory manner without cost to the general taxpayers of theCounty or the Town of Vail. :t is intended that a11 taxes (real,personal or otherwise) assessed against the Common Elements shallbe (or have been, because the purchase prices of the Units havealready taken into account their proportionate shares of thevalues of the Common Elements) proportionally assessed againstand payable as part of the taxes of the applicable Units withinThe Lodges at Timber Creek. However, in the event that,notwithstanding the foregoing, any such taxes are assesseddirectly against the Common Elements, the Association shall beresponsible for the payment (subject to protest or appeal beforeor after payment) of same, including taxes on any improvem'ents
and any personal property located thereon, which taxes accruefrom and after the date this Declaration is recorded, and suchtaxes shall be prora'ted between Declarant and the Association asof the date of such recordation. At all times prior to the date
when all of the Units within the Lodges at Timber Creek have been
conveyed to a purchaser, Declarant and its affiliates sha11 havethe right from time to time to enter upon the Common Elements andother portions of The Lodges at Timber Creek for the purpose ofthe installation, constructton, reconstructton, repair,replacement, operation, expansion and/or alteration of any
improvements or facilities on the Common Elements that Declarantand its affiliates or designees elect to effect, and to use,without charge, the Common Eldments and other portions of TheLodges at Timber Creek owned by Declarant for sates, displays andsigns or for any other purpose during the period of constructionand sale of any portion of The Lodges at Timber Creek. Withoutlimiting the generality of the foregoing, the Declarant and itsaffiliates shall, at all times prior to the date when all of theUnits are conveyed to a purchaser, have the specific right tomaintain upon the Common Elements and any other portion of TheLodges at 'I'imber Creek owned by Declarant, sates, administrative,
10
*
construction or other offices without charge, and appropriateeasements of access and use are expressly reserved unto theDeciarant and its affiliates, and its and their successors,assigns, employees and contractors, for this purpose. Anyobligation (which shall not be deemed to be created hereby) tocomplete portions of the Common Elements shall, at all ttmes, besubject and subordinate to these rights and easements and to theabove-refer enced activities.
5. COVENANT FOR MAINTENANCE ASSESSMENTS
5.l Creation of the Lien and Personal O}Jjgg_gj_gg_g[the As s essmentse t n, the66-6T5?6firffi6d-each party joining in any supplementa1declaration), for all Units within The Lodges at Timber Qreek,hereby covenants and agrees, and each Owner of any Unit by
acceptance of a deed therefor or other conveyance thereof,whether or not it shal1 be so expressed in such deed or other
conveyance, shall be deemed to covenant and agree to pay to theAssociation assessments and charges for the operation of theAssociation and the matntenance, management, operation and
insurance of the Common Elements as provided elsewhere herein,including such reasonable reserves as and on1y to the extent
deemed necessary or desirable by the Association (there being noobligation for the maintenance of any such reserves), capital
improvement assessments as provided elsewhere herein, assessmentsfor maintenance and all other charges and assessments hereinafterreferred to or lawfully imposed by the Associaition, all such
assessments to be fixed, established and collected from time totime as herein provided. In addition, special assessments may belevied against particular Owners and Units for ttnes, expensesincurred against particular Units and/or Owners to the exclusionof others and other charges against specific Units or Owners as
contemplated in this Declaration. The annuat, special and other
assessments, together with interest thereon and costs ofcollection thereof as are hereinafter provided, shall be a charge
on the land and shall be a continuing lien upon the Unit againstwhich each such assessment is made. Each such assessment,together with such interest thereon and costs of collectionthereof as are hereinafter provided, shall also be the personalobligation of the person who is the Owner of such property at thetime when the assessment fell due and a11 subsequent Owners untilpaid, except as provided in Section 5.9 below. Reference hereinto assessments shall be understood to include reference to any
and a11 of said charges whether or not specifically mentioned.Except as provided herein with respect to specia1 assessmentswhich may be imposed on one or raore Units and Owners to theexclusion of others and in Section 5.10 below, all assessments
imposed by the Association shall be imposed, against all Units
11
subject to its jurisdiction by application of the formula setforth in Section 5.2 below.
5.2 Rates of Assessments. Subject to the provisionsbelow and of Sectionproportionat.e amountthe Association, such
5.10, each Unit shall be assessed aof the total estimated operating expenses ofrates being as follows :
(a) Until the Association establishes an annualassessment for Common Expenses for the initial fiscal year of theAssociation, Declarant shall pay all Common Expenses. TheAssociation shall establish prior to the conveyance of any Unitby Declarant, an annual assessment with respect to the initialfiscal year of the Association for the purpose of paying orcreating a reserve for Common Expenses.
(b) Each Unit shall be responsible for, and assessed,a percentage of the estimated operating expenses of the.Association, said percentage being set forth below and basedgenerally upon the maximum available gross residential floor area("GRFA") attributable to each Unit as it relates to the total
maximum GRFA of all the Units:
Unit,Max. GRFA Percentaqe
39. 26
39. 26
10. 74
10. 74
created pursuant tothe estimated operatingresponsible shall bethe same formula.
5.3 Purpose of Assessments. The regular assessmentslevied by the Association shall be used exclusively for thepurposes expressed in Section 5.1.
5.4 Special Aqsessments.In addition to the regular
and capital improvement assessments which are or may be leviedhereunder, the Association (through the Board of Directors) shallhave the right to levy special assessments against an Owner(s) tothe exclusion of other Owners for: (i) the repair or replacementof damage to any portion of the Common Elements (including,without limitation, improvements and landscaping thereon) causedby the mtsuse, negligence or other action or inaction of aparticular Owner or Owners or such Owner's Member's Permittee(s);or (ii) the costs of work performed by the Association inaccordance with Section 4.4 of this Declaration. Any such
C11
C12
D25
D26
2300
2300
629
629
c) :f additional Units are
Section 2.2 hereof, the percentage of
expenses for which each Unit shall bereallocated amonq all Units basGd upon
12
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=
special assessment shall be subject to all of the applicableprovisions of this Section 5 including, without limitation, 1ienfiling and foreclosure procedures and late charges and interest.Any special assessment levied hereunder shal1 be due within thetime specified by the Board of Directors in the action imposingsuch assessment.
5.5 CaDital Improvements. Funds which, in theaggregate, ex-ceed ten percent (tOt) of the total amount of 'checurrent, operating budget of the Association in any one fiscalyear which are necessary for the addition of capital improvements(as distinguished from repairs and maintenance) relating to the '
Common Elements and which have not prevtoust'y been collected asreserves or are not otherwise available to the Association (otherthan by Borrowing), shall be levied by the Association as specialassessments only upon approval of a majority of the Board ofDirectors of the Association and upon approval by two-thirds(2/3) favorable vote of the Members of the Association voting ata meeting or by ballot as may be provided in the Bylaws of theAssociation. Any funds which do not exceed ten percent (10%) ofthe total amount of the current operating budget of theAssociation and which are necessary for the addition of capita1
improvements {as distinguished from repairs and matntenance)relating to the Common Elements, shall be levied by theAssociation as special assessments; without requiring any consentby the Owners. The ability of the Association to levy such a
Capita1 Improvement Assessment may be restricted by, and may onlybe implemented in accordance with, the Act.
5.6 Date of Commencement of Annual Assessfnents; DueDates. Each annual assessment shall be imposed for the year
beginning.Tanuary I and ending December 31., The annua1
assessments shall be payable in advance, in quarterly '
installments, or in annual, semi-annual or monthly installmentsif so determined by the Board of Directors of the Association(absent which determination they shall be payable quarterly).
Except as fixed in Section 5.2 above, the assessment amount (andapplicable installments) may be changed at any time by said Boardfrom that originally stipulated or from any other assessment thatis in the future adopted and the original assessment for any yearshall be levied for the calendar year (to be reconsidered and
amended, if necessaryJ every six (6) months), but the amount ofany revised assessment to be levied during any period shorterthan a fu11 calendar year shall be in proportion to the number ofmonths (or other appropriate installments) remaining in suchcalendar year. The due date of any special assessment or capital
improvement assessment shall be fixed in the Board resolutionauthorizing such assessment.
13
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5.7 Duties of the Board of Directors. The Board ofDirectors s hallAs s oc t ation priorto the ensuing fiscal year of the Association and fix the date ofcommencement and the amount of the assessment against each Unitsubject to the Association's jurisdiction for each assessmentperiod, to the extent practicable, at least thirty (30) days inadvance of such date or period, and shall, at that ttme, preparea roster of the Units and assessments applicable thereto whichshall be kept in the office of the Association and shall be opento inspection by any Owner. Written notice of the assessmentshall thereupon be sent to every Owner subject thereto thirty(30) days prior to payment of the first installntent thereof,except as to the special assessments. In the event no suchnotice of a change in the assessments for a new assessment periodis given, the amount payable shall continue to be the same as the
amount payable for the previous period, unti1 changed in the
manner provided for herein. Subject to other provisions hereof,the Association shall upon demand at any time furnish to anyowner liable for an assessment a certificate tn writing signed byan officer ot'the Association, setting forth whether such
assessment has been paid as to any particular Unit. Suchcertificate shall be conclusive evidence of payment of any
assessment to the Association therein stated to have been paid.
The Association, through the action of its J3oard of Directors,shall have the power, but not the obligation, to enter into an
agreement or agreements from time to time with one or morepersons, firms or corporations for management services. TheAssociation shall have all other powers provided in its Articlesof Incorporation and ByLaws. Notwithstanding the provisions ofSection 5.6 above and this Section 5.7, the establishment of the
annua1 assessments shall comply with the requirements of CRS 38-
33.3-315 and 38-33.3-303(4).
5. 8 Effect of Non-Pavment of Assessment; the PersonalObliaation; the Lien; Remedies of the Association. If the
assessments (or installments) provid or herein are not paid onthe date(s) when due (being the date(s) specified herein), thensuch assessments (or installments) shall become delinquent andshall, together with late charges, interest and the cost ofcollection thereof as hereinafter provided, thereupon become acontinuing lien on the Unit which shall bind such property in the
hands of the then Owner, his heirs, personal representatives,
successors and assigns. Except as provided in Section 5.9 belowto the contrary, the personal obligation of the then owner to pay
such assessment shall pass to his successors in title andrecourse may be had against either or both.
If any installment of an assessment is not paid withinfifteen (l5) days after the due date, at the option of the
14
l
Association, a 1ate charge not greater than the amount of sucbunpaid installment (the exact amount to be determined by theBoard) may be imposed (provided that only one late charge may beimposed on any one unpaid installment and if such installment isnot paid thereafter, it and the' 1ate charge shall accrue interestas provided herein but shall not be subject to additional latecharges, provided further, however, that each other installmentthereafter coming due shall be subject to one late charge each asaforesaid) and all such sums shall earn interest from the dates
when due until paid at eighteen percent (18%) per annum and theAssociation may bring an action at law against the Owner(s)personally obligated to pay the same, may record a claim of lien(as evidence of its lien rights as hereinabove provided for)against the Unit on which the assessments and 1ate charges areunpaid, may foreclose the lien against the Unit on which theassessments and late charges are unpaid, or may pursue one or
more of such remedies at the same time or suceessively, andattorneys' and paralegals' fees and costs actually incurredpreparing and filing the claim of lien and the complaint, if any,and prosecuting same, in such action (and any appeals therefrom)shall be added to the amount of such assessments, late charges
and interest, and in the event a judgment is obtained, suchjudgment shall include al| such sums as above provided andattorneys' and paralegals' fees actually incurred together withthe costs of the actton, through all applicable appellate levels.
:n addition to the rights of collection of assessmentsstated in this Sectton, any and a11 persons acquiring title to oran interest 1n a Unit as to which the assessment is delinquent,including without limitation persons acquiring title by operationof law and by judicial sates, shall not be entitled to the
occupancy of such Unit or the enjoyment of the Common Elementsuntil such time as all unpaid and delinquent assessments due andowing from the selling Owner have been fully paid; provided,
however, that the provisions of this sentence shall not beapplicable to the mortgagees and purchasers as provided inSection 5. 9.
It shall be the legal duty and responsibility of the
Association to enforce payment of the assessments hereunder.Failure of the Association to send or deliver bills shall not,however, relieve Owners from their obligations hereunder.
All assessments, late charges; tnterest, penalties,fines, attorney's fees and other sums provided for herein shallaccrue to the benefit of the Association.
Owners shall be obligated to deliver the documentsoriginally received from the Declarant, containing this and other
15
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declarations and documents, and any amendments thereto hereafteradopted to any grantee of such Owner.
5.9 Prioritv of the Lien to Mortqaqes. The 11en ofthe assessments-brovided for in this Section 5 sha11 be prior tothe lien of any first mortgage to the extent of: (i) an amountequa1 to the common expense assessments based on a periodicbudget adopted by the Association under Section 38-33.3-315(1),C.R.S., which would have become due, in the absence of anyacceleration, during the six (6) months immediately precedinginstitution of an action to enforce the tten, but in no eventshal1 the priority reterenced above to such lien exceed onehundred fifty percent (150%) of the average monthly assessment,during the immediately preceding fiscal year multiplied by six(6); and (ii) attorneys' fees and costs incurred in an action toenforce the 1ien.
5.10 Association Funds. The portion of all regularassessments eol:6ETETT}1E61E66c iation for reserves for futureexpenses, and the entire amount of all special assessments andcapital improvement assessments, shall be held by the Associationand may be invested in interest bearing accounts or incertificates of deposit or other like instruments or accountsavailable at banks or savings and loan institutions the depositsof which are insured by an agency of the United States.
6. CERTAIN RULES AND REGULATIONS
o
shall be
The provisions of this Article 6
The Lodges at Timber Creek.
6.2 Land Use and Buildincl Type. No Unit shall be usedexcept for single-family residential purposes, unless otherwiseapproved by the Board. In no event shall any portion of The
Lodges at Timber Creek be used for any unlawful purposes or in amanner which is or becomes noxious, offensive, unhealthy orharmful as a result of generating fumes, dust, smoke, notse,vibration, extraordinary waste or toxic or hazardous waste. _
6.3 Nuisances. Nothing shall be done in any Unitwhich may be or""66EGEEin annoyance or nuisance to others withinThe Lodges at Timber Creek. Any activity in a Unit whichinterferes with tetevtston, cable or radio reception on anotherUnit shall be deemed a nuisance and aprohibited activity. Inthe event of a dispute or question as to what may be or become anuisance, such dispute or question shall be submitted to theBoard of Directors, which shall render a decision in writing, andsuch decision shall be dispositive of such dispute or question.
6. 1 ADDlicabilit
applicable to all
16
6.4 Pets. Owners may have pets in their Units,provided that tfib pets do not become a nuisance or annoyance to?"y neighbor by reason of barking or otherwise and providedfurther that no such pets are raised, bred or kept for anycommercial purpose. No pets shall be permitted to haveexcretions on any Common Elements, except areas designated by theAssociation, if any( and Owners shall be responsible to clean upany such excretions. ALL PETS SHALL BE KEPT ON A LEASH WHEN NOTIN THE APPLICABLE UNIT| IF ANY. Pets sha11 also be subject toall applicable rules and regulations.
6.5 Commercial Trueks, Trailers, CamDers and Boats.No vehicle havifiiJ a shell, camper, trailer or other attachment,or commercia1 vehicles, campers, mobile homes, motorhomes, housetrailers or trailers of every other description, recreationalvehicles, boats, boat trailers, horse trailers or vansr shall bepermitted to be parked or to be stored at any place within TheLodges at Timber Creek, nor in dedicated areas, except in agarage For purposes of this Sectton, "commercial vehicles"shall mean those which are not designed and used for customary,personal/family purposes. The absence of commerciat-typelettering or graphics on a vehicle shall not be dispositive as towhether it is a commercial vehicle. The prohibitions on parkingcontained in this Section shall not apply to temporary parking oftrucks and commercial vehicles, such as for providing pick-up anddelivery, nor to passenger;type vans or utility vehicles with '
windows for personal use which are in acceptable condition in thesole opinion of the Board (which favorable opinion may be changedat any time), nor to any construction vehicles or trailers duringperiods of construction within The Lodges at Timber Creek;
:n a11 cases,,.hi,l., kept within The Lodges at TimberCreek shall be roadworthy, including, without ttmttaUon, nothaving flat ttres, being in operating condition and having acurrent license plate/registration. No owner of any Unit and nopermittee of any owner of any Unit shall park more than twovehicles per Unit at any time. Vehicles shall be parked only indesignated parking areas.
Subject to applicable laws and ordinances, any vehicleparked in violation of these or other restrictions containedherein or in the rules and regulations now or hereafter adopted,including, without limitation, leaking oil or othei fluids, maybe towed by the Association at the so1e expense of the owner ofbuch vehicle if such vehicle remains in violation for a period of24 hours from the time a notice of violation is placed on thevehicle. The Association shall not be liable to the owner ofsuch vehicle for trespass, conversion or otherwise, nor guilty ofany criminal act, by reason of such towing and once the notice is
17
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posted, neither its removal, nor failure of the owner to receiveit for any other reasonr shal1 be grounds for relief of any kind.An affidavit of the person posting the aforesaid notice statingthat it was properly posted shall be conclusive evidence ofproper posting.
6.6 Garbaoe and Trash Disposal. No garbage; refuse,trash or rubbisfi- (including materials for recycling) shall bedeposited except as permitted by the Association. Therequirements from time to time of the applicable governmentalauthority (or other company or association) for disposal orcollection of waste shall be complied with. All trash must bebagged in sturdy plastic bags of not more than 30 gallons andshal1 be kept in a clean and sanitary condition. Such containers
may not be placed out for collection sooner than 6 hours prior toscheduled collection. In the event that the Association, in itssole discretion, provides depositories for recyclable materials,the same shall be the only ones used in The Lodges at TimberCreek and shall be collected by a private entity hired by theAssociation or public authority, if available.
6. '7 Prohibited Activities.
(a) No clothing, laundry or wash shall be aired ordried on any portion of The Lodges at Timber Creek.
(b) Storage of items of personal property shall not bepermitted on decks or outside of Units. Nor shall items ofpersonal property be hung from decks or be enclosed under decks.
(c) There shall be no permanentof persona1 property outside of Units such
games.
installation of itemsas swinqs or yard
6.8 Leases. All leases shall be in writing, shall beapproved as to E67TTy the Association and shall provide (and ifthey fail to so provide, shall be automatically deemed to provideas if expressly included therein) that the Association shall havethe right to terminate the lease in the name of and as agent forthe lessor upon default by tenant in observing any of theprovisions of this Declaration, the Articles of Incorporation andBylaws of the Association, applicable rules and regulations, orother applicable provisions of any agreement, document orinstrument governing The Lodges at Timber Creek or administeredby the Association. No lease shall be terminated pursuant tothis section except by action of the Board of Directors taken ata meeting after at least seven (7) days notice to the Owner.
6. 9 Architectural Control.
18
No building, wall, fence
*
or other structure or improvement of any nature to the limitedcommon elements (including, but not limited to, the screenenclosures, patios-(or patio expansions), hedges or landscaping,exterior paint or finish, play structures, awnings, shutters,basketball hoops, decorative plaques or accessories, birdhouses,other pet houses, lighting fixtures, antennae, satellite dishes,signage, asphaltlng, or other improvements or changes of anykind, even if not permanently affixed to the land or to otherimprovements) shall be erected, placed or altered onror removedunti1 the construction plans and specifications and a planshowing the location of the structure (and landscaping, if any)and of the materials proposed to be used, a11 as may be require'dby the Board of Directors, have been approved in writing by theBoard of Directors and all necessary governmental permits areobtained. Each building, watt, fence or other structure orimprovements of any nature, together with landscaping, shall beerected, placed or altered upon the limited common elements on1yin accordance with the plans and specifications so approved andapplicable governmenta1 permits and requirements. Refusal ofapprova1 of plans, specifieations and mdterials, or any of them,may be based on any ground, including purely aesthetic grounds,in the sole and uncontrolled discretion of the Board ofDirectors. Any change in the exterior appearance of anybuilding, wall, fence or other structure or improvements, and anychange in the appearance of the landscaping, shall be deemed analteration requiring approval. 'rhe Board of Directors shall havethe power to prontulgate such rules and regulations as it deemsnecessary to carry out the provisions and intent of this Section.
tn the event that any new improvement or landscaping isadded, or any existinq improvement is altered, in violation ofthis SecUton, the Associatidn shall have the right (and aneasement and license) to enter upon the applicable limited commonelements and remove or otherwise remedy the applicable violationafter giving the Owner of the Unit at least ten (10) days priorwritten notice of, and opportunity to cure, the violation inquestion. 'rh'e costs of such remedial work and a suroharge equalto twenty-five percent (25%) of the costs shall be a specialassessment against the Unit, which assessment shall be payable
upon demand and secured by the lien for assessments provided forin this Declaration.
The approval of any proposed improvements oralterations by the Board of Directors shall not constitute awarranty or approva1 as to, and the Association or the Board ofDirectors shall not be liable for, the safety, soundness,workmanship, materials or usefulness for any purpose of any suchimprovement or alteration nor as to its compliance withgovernmental or industry codes or standards. By submitting a
19
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request for the approval of any improvement or alteration, therequesting Owner shall be deemed to have automatically agreed tohold harmless and indemnify the Board of Directors and theAssociation generally, from and for any loss, claim or damagesconnected with the aforesaid aspects of the improvements oralterations. '
The foregoing provisions shall not be applicable to theDeclarant. or its affi11ates or to construction activitiesconducted by the Declarant or such affiliates.
6.l0 Variances; ExceDtions. The Board of Directors ofthe AssociatiolrBhall have the right and power to grant variances
from the provisions of this Section 6 for good cause shown, as
determined in the reasonable discretion of the board. Novariance granted as aforesaid shal1 atter, waive or impair theoperation or effect of the provisions of this Section 6 in anyinstance in which such variance is not granted. Notwithstandinganything to the contrary, the provisions of this Section 6 shal1not be applicable to the Declarant (or any of its designees) orUnits or other property owned by the Declarant (or such
designees ).
'l. RESALE 0F UNITS; OCCUPANCY RESTRICTIONS
7.1 Estoppel Certificate. Upon fourteen (14) daysprior written notice from any Owneb or any mortgagee orprospective mortgagee of a Unit, the Association shall issue awritten statement setting forth the amount of the unpaid
assessment, if any, with respect to the subject Unit, the amountof the current assessment installment, the date such assessmentinstallment becomes due, the amount of the balance of such
Owner's reserve on deposit with the Association and any creditfor advanced payments for prepaid ttems, including, withoutlimitation, insurance premiums, which statement shall beconclusive upon the Association in favor of all persons who rely
thereon in good faith. Unless a request for such a statementshall be fulfilled in writing in accordance with the foregoing,all unpaid assessment installments which become due prior to the
making of such a request, shall be subordinate to the interest ofthe person requesting such statement.
7.2 Members' Permittees. No Unit shall be occupied by
any person other than the Owner(s) thereof or the applicable
Members' Permittees and in no event other than as a residence.For purposes of this Declaration, Members' Permittees shall bethe following persons and such persons' families and/or guests;(i) an individual Owner(s) (ii) an officer, director, stockholderor employee of a corporate owner, (iii) a partner in or an
20
employee of 9 p'f'"'''hip owner, (iv) a fiduciary or beneficiaryof an ownership in trust (v) occupants named or described in alease or sublease or (vi) short-term tenants. In no event shalloccupancy (except for temporary occupancy by guests) exceed two(2) adult persons per bedroom. The Board of Directors shall havethe power to authorize occupancy of a Unit by persons in additionto those set forth above. '
As used herei'n, "family" or words of similar importshal1 be deerned to include a spouse; children, parents, brothers,sisters, grandchildren, domestic employees of the Owner and otherpersons permanently cohabiting in the Unit as or together withthe Owner or permitted occupant thereof. As used herein "guest"or words of sintilar import shall include on1y those persons whohave a principal residence other than the Unit. Unless otherwisedetermined by the Board of Directors of the Association, aperson(s) occupying a Unit for more than one (1) month shall notbe deemed a guest but, rather, shall be deemed a lessee forpurposes of this Declaration (regardless of whether a leaseexists or rent is paid) and shall be subject to the provisions ofthis Declaration which apply to leases and lessees.
8. ENFORCEMENT
8.1 Compliance bv Owners. Every Owner and Member'sPermittee sh'all-Gomply with the restrictions and covenants setforth herein and any and all rules and regulations which fromtime' to time may be adopted by the Board of Directors of theAssociation.
8.2 Enforcement. Failure of an Owner or his Member'sPermittee to coi-Flr;iTfi-;uch restrtct:ons, covenants or rulesand regulations shall be grounds for immediate action which mayinclude, without limitation, an action to recover suras due fordamages, injunctive relief, or any combination thereof. Theoffending Owner shall be responsible for all costs of enforcementincluding attorneys' and paralegals' fees actually incurred andcourt costs, including those relating to appeals.
9. INSURANCE AND MAINTENANCE
9.1 Common Areas. The Association shall keep allimprovements, facilities and fixtures located within the CommonElements insured against loss or damage by fire or other casualtyfor the full insurablereplacement value thereof (with reasonabledeductibles and normal exclusions for land, foundations,excavation costs and similar matters), and may obtain insuranceagainst such other hazards and casualties as the Association may
deem desirable. The Association may also insure any other
21
property, whether rea1 or personal, owned by the Association, '
against loss or damage by fire and such other hazards as theAssociation may deem desirable, with the Association as the ownerand beneficiary of such insurance for and on behalf of itself andall Members. The insurance coverage with respect to the commonElements and the Limited Common Elements shall be written in thename of, and the proceeds thereof shall be payable to, theAssociation. Insurance proceeds shall be used by the Associationfor the repair or replacement of the property for which theinsurance was carried. The costs of obtaining and rnaintainingall insurance which is carried by the Association pursuant to theprovisions hereof shall be a Common Expense to be prorated amongall Owners as set forth in the Declaration, notwithstanding thefact that the Owners may have disproportionate liability.
9.2 Waiver of Subroaation. As to each policy ofinsurance rnaintained by the Association which will not be voidedot impaired thereby, the Association hereby waives and releasesall claims against the Board, the officers of the Association,the Members, Declarant and the agents and employees of each ofthe foregoing, with respect to any loss covered by suchinsurance, whether or not caused by negligence of or breach ofany agreement by said persons, but only to the extent thatinsurance proceeds are received in compensation for such loss.Further, each policy shall comply with the requirements of CRS38-33.3-313(4).
9.3 t,i(abilitv and Other Insurance. The Associationshall have the iower to and shall obtain comprehensive publicliability insurance, including medical payments and malicious.mischief, with coverage of at least $1,000,000.00 (if availableat reasonable rates and upon reasonable terms) for any singleoccurrence, insuring against liability for bodily injury, deathand property damage arising from the activities of theAssociation or with respect to property under its jurisdiction,including, if obtainable, a cross liability endorsernent insuringeach Member against liability to each other Member and to theAssociation and vice versa. The Association may also obtainWorker's Compensation insurance and other liability insurance asit may deem desirable, insuring each Member and the Associationand its Board of Directors and officers, from liability inconnection with the Common Elements, the premiums for which shallbe Common Expenses and included in the assessments made againstthe Members. The Association may also obtain such otherinsurance as the Board deems appropriate. All insurance policiesshall be reviewed at least annually by the Board of Directors andthe limits increased in its discretion. The Board may alsoobtain such errors and omissions insurance, indemnity bonds,fidelity bonds and other insurance as it deems advisable,
22
insuring the Board, the officers of the Association, the Members
9' any management company engaged by the Association against anyliability for any act or omission in carrying out theirobligations hereunder, or resulting from their membership on theBoard or any committee thereof. At a mtntmum, however, thereshall be blanket fidelity bonding of anyone (compensated or not)who handles or is responsible for funds held or administered bythe Association, with the Association to be an obligeethereunder. Such bondlng shall cover the maximum funds to be inthe hands of the Association or management company during thetime the bond is in force. In addition, the fidelity bondcoverage must at least equal the sum of three (3) months ofregular assessments, plus all reserve funds.
9.4 Maintenance by Owners.
(a) Each Owner shall be responsible for the fo11owingmaintenance and repair of the following portions of such Owner's
Condominium Unit :
(i) the maintenance and repair of the interiorand exterior doors and windows (except for the paintingof exterior doors and windows which shall' be anAssociation expense) of such Owner's residence;
(ii) the maintenance and repair of the water,sewer, electrical, natural gas, telephone and otherutility services located within such Owner's Residence;
and
(iii) the maintenance and repair of the Limited
Common Elements allocated to the interior of such
Owner's residence, including, but not limited to the
maintenance, repair or replacement of heat exchanges,hot tubs, chimneys or flues or other mechanica1 devicesserving that unit only. tf any such Limited Common
Element is assigned to more than one Unit, such expenseshall be shared equally among the Units to which it isassigned. Each Unit Owner shall be responsible for
removing all snow and debris from all patios andbalconies which are Limited Common Elements appurtenantto his or her Unit. If any such Limited Common Elementis appurtenant to more than one Unit, the Owners ofthose Units wi11 be jointly responsible for such
removal.
(b) In performing the maintenance or repair requiredby Section 9.4 (a) hereof, no Owner shall do any act or workwhich impairs or otherwise affects the Common Elements, If, in
23
the reasonable judgment of the Associatlon, an Owner has failedto maintain those portions of such Owner's Unit, which such Owneris required to maintain in a clean, safe, attractive and sightlycondition and in good repair consistent with the high standardsof The Lodges at Timber Creek, the Association may, after 10 daysnotice to such Owner, perform all work deemed necessary by theAssociation to place such Unit in conformity with the foregoingstandards and shall have access to such Unit for sueh purposes.
The Association shall be reimbursed by the Owner who or whichfailed to adequately maintain such Owner's Unit for all costs ofthe work performed by the Association pursuant to theauthorization contained in the preceding sentence, for intereston such costs from the date incurred at the annual rate, ot 18percent and for all costs of collection of the amounts to bereiml:ursed, including reasonable attorneys' fees.
9.05
(a) The Association shall be responsible for thefollowing malntenance and repair:
(i) those portions of the Units which are notrequired by Section 9.04 (a) hereof to be maintained bythe Owners, and
(ii) the Common Elements.
(iii) the Parking Spaces.
(b) the costs of the maintenance and repair requiredby Section 9.05 (a) hereof shall be a common Expense. If,
however, the need to perform such maintenance results from thenegligence or intentional act of an Owner or such Owner'sPermittees, such Owner shall reimburse the Association for a11costs of such maintenance and repair, for interest on such costsfrom the date incurred at the annual rate of 18 percent and forall costs of collection of the amounts reimbursed including,without limitation, reasonable attorneys ' fees.
DAMAGE OR DESTRUCTION
10.01. Damace or Destruction to Commori Elements
Imnrovements. In the event of any damage or destruction to any
improvements included within the Common Elements which are not apart of the residences by fire or other casualty, the Association
sha11 promptly cause such improvements to be repaired andrestored, utilizing available insurance proceeds therefor, and ifsuch improvements must be substantially rebuilt, the ddsign of
such improvements shall be substantially similar to the origina1
Association.
24
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design of such improvements. If the proceeds of insurance areinsufficient to pay all costs of repairing and restoring suchimprovements, the difference between the insurance proceeds andsuch costs will be a Common Expense.
10. 02.
Residences. Any damage to any improvements compristng aresidence which the Association reasonably estimates willcost,s of repair or restoration in excess of 75 percent, ofinsured value of the residence as shown on the schedule ofinsured values attached to the policy of property damageinsurance described in Section 10.1 hereof shal1 be referred toin this Section as "catastrophic." tn case of any damage to anyresidence by fire or other casualty which is less thancatastrophic, the Association shall promptly cause the residencet,o be repaired and restored, utilizing available insuranceproceeds therefor, and, if the residence must be substantiallyrebuilt, the design of the residence shall be substantiallysimilar to the original design of the residence. If the proceeds
of insurance are insufficient to pay all costs of repairing andrestoring the residence, the differerice between the insurance
proceeds and such costs shall be a Common Expense.
10.03. Catastronhic Damaae to or Destr.,ction of.
Residences. In case of any catastrophic damage to or destruction
of any residence or residences by fire or other casualty, the
Association shall not take any action to repair or restore the
residence for a period of one month after the occurrence of suchfire or other casualty except for such actions as may be requiredto protect the safety of Owners and Permittees. If theAssociation receives written directions from all Owners and first
mortgagees during such one month period directing the Associationnot to rebuild the residence or residences, the Association shall
cause the residence or residences to be razed and the 1and whichconstitutes the Property to be graded to a reasonably attractivecondition and the Association shall sell the Property in
accordance with the provisions of Section 10.04 hereof. If the
Association does not receive such written directions from all
Owners and first mortgagees during such one month period, theAssociation shall promptly cause such residence or residences tobe repaired and restored in accordance with the provisions ofSection 10. 02 hereof.
10. 04.Sale of Property. |f the Association isrequired to sell the land which constitutes the Property pursuantto the provision of Section 10.03 hereof, or any portion thereof,the Association (as attorney-in-fact for the Owners) shallexecute and record in the real estate records of Eagle County,Colorado, a notice of such facts, and thereafter shall sell the
involvethe
25
o
Property or portion thereof free and clear of the provisions ofthe Declaration. In the evetit of such sale, the proceeds ofinsurance and the proceeds of such sa:e, to the extent paid overto the Association, shall be applied first to the payment ofexpenses of the Association incurred to make safe and raze theresidence or residences, to grade such land and to conduct suchsale. The net amount of such proceeds shall then be apportionedby the Association among the Owners based upon the relativeinsured values of the Units as determined from the schedule ofinsured values attached to the policy of property damageinsurance described in Section 10.1 hereof; ot, if such policydoes not contain such insured va:ues, such proceeds shall beapportioned among the Owners in accordance with their sharingratios. The net amount of such proceeds so apportioned shall beheld by the Association on account for the Owners in a separateaccount for each Unit to be applied (without contribution fromone account to another) by the Association for' the followingpurposes in the order indicated: (i) for payment of taxes andspecial assessment liens in favor of any assessing entity; (ii)for payment of the balance of the indebtedness secured by the1ien of a first mortgagee; (iii) for payment of unpaid
assessments, charges and other amounts due the Association; (iv)for payment of junior liens and encumbrances in the order of andto the extent of their priority and (v) the balance remaining, ifanvr shall be paid to the Owners.
10.05. First Mortqaqees. Promptly after the
occurrence of any fire or other casualty which causes damage toany residence or residences or any other improvernents includedwithin the Common Elements which, in either case, the Associationestimates will cost $10,000 or more to repair, the Associationshall deliver written notice thereof to all first mortgagees.
The delivery of such written notice shall not be construed asimposing any liability whatever on any first mortgagee to pay allor any part of the costs of repair or restoration. Further, theprovisions of Section 10.04 hereof shall not be construed aslimiting in any way the right of a first mortgagee (in case theproceeds allocated under Section 10.04 shall be insufficient topay the indebtedness held by such first mortgagee) to assert andenforce the persona: liability for such deficiency of the personor persons responsible for payment of such indebtedness.
RESTORATION AND TERMINATION OF THE LODGES AT TIMsER CREEX
11.01. Restoration. If at any time the Ownersentitled to vote at GiEFTdTGrcent of the votes of theAssociation and a11 first mortgagees shall agree that all Unitshave become obsolete and shall approve a plan for theirrenovation or restoratton, the Association (as attorney-in-fact
26
for the Owners) shall promptly cause such renovation orrestoration to be made according to such plan. All Owners shallbe bound by the terms of such plan and the costs of the workshall be a Common Expense.
11.02. Termination. If at any time an agreement toterminate The LodgeslElffi66Fcree k is obtained from Ownersentitled to vot,e at least 80 percent of the votes of theAssociation and all first mortgagees in accordance with theprovisions of Section 218 of the Act, the Association (asattorney-in-fact for the Owners) shall promptly undertake theaction required of the Association under the provisions ofSection 218 of the Act.
CONDEMNAT I ON
12. O1.Entire Takina. Subject to the terms of anyfirst deed of trust, if the entire Property shall be taken underany statute, by right of eminent domain, or by purchase in lieuthereof, or if any part of the Property shall be so taken and thepart remaining shall not permit the continuance of any of theuses of the Property prior to such taking, the Association (asattorney-in-fact for the Owners) shall collect the award made insuch taking and shall sell the part of the Property remainingafter the taking, if any, free and clear of the provisions ofthis Declaration which shall wholly terminate and expire upon therecording of a notice by the Association setting forth all ofsuch facts. The award and the proceeds of such sale, ifanv,shall be collected, apportioned and applied by the Association inthe manner provided in Section 10.04 hereof.
12. 02.First tten, if a taking occurs other than a taking specified inSectlon 12.01 hereof and within one month after the date of suchtaking the Owners entitled to vote at least 80 percent of thevotes of the Association and all first mortgagees agree torestore the portion of the Property not so taken, then theAssociation (as attorney-in-fact for the Owners) shall collectthe award made in such taking and shall promptly cause theportion of the Property not so taken to be restored as nearly aspossible to its conditions prior to the taking, applying suchaward to that purpose. tn the event of such restoratton, thedifference between the award made in such taking and the costs ofsuch restoration shall be a Common Expense. In the event of suchrestoration any part of the award not required for suchrestoration shall be apportioned among the Owners on the samebasis as insurance proceeds and sales proceeds are apportioned
among the Owners pursuant to Section 10.04 hereof. In the eventof a partial taking and in further event such restoration is not
Partial Takina. Subject to the terms of any
27
required as set forth in the first sentence of this Sectton, theAssociation (as attorney-in-fact for the Owners) shall collectthe award made and apply such award in the same manner as netinsurance and sales proceeds are distributed pursuant to Section10.04 hereof. In the event of a partial taking of any Unit, thesharing ratios of a11 Units shall be adjusted bir the Associationon any reasonable basis and in accordance with the provisions ofSection 107 of the Act.
13 MOR'I'GAGEE PROTECTION
The following provisions are added hereto (and to theext,ent these added provisions conflict with any other provisionsof the Declaration, these added provisions shall control):
(a) The Association shall be required to makeavailable to a11 Owners and Mortgage Lenders, and toinsurers and guarantors of any rirst mortgage, forinspection, upon request, during normal businesd hoursor under other reasonable circumstances, current copiesof this Declaration (with a11 amendments), the Articlesof Incorporation, the Bylaws, any rules and regulationsand the booJcs and records of the Association.Furthermore, such persons shall be entitled, uponwritten request, to (i) receive a copy of the.Association!s financial statement for the immediatelypreceding fiscal year, (ii) receive notices of andattend the Association meetings, (iii) receive noticefrom the Association of an alleged default by an Ownerin the performance of such Owner's obligations underthis Declaration, the Articles of Incorporation or theBylaws of the Association, which default is not curedwithin thirty (30) days after the Association learns ofsuch default, and (iv) receive notice of anysubstantial damage or loss to the Common Properties.
(b) Any holder, insurer or guarantor of amortgage on a Unit shall have, if first requested in' writing, the right to timely written notice of (i) any
condemnation or casualty loss affecting a materialportion of the Common Properties, (ii) a sixty (60) daydelinquency in the payment of the Assessments on a
mortgaged Unit, (iii) the occurrence of a lapse,cancellation or material modification of any insurancepolicy or fidelity bond maintained by the Association,and (iv) any proposed action which requires the consentof a specified number of mortgage holders.
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14.GENERAL PROVlSlONS
14.1 Duration. The covenants and restrictions of thisDeclaration shalr;Ur;[th and bind The Lodges at Timber Creekand sha11 inure to the benefit of and be enforceable by theDeclarant, the Association, the Town of Vail, and the Owner ofany Unit subject to this Declaration, and their respective legalrepresentat ives, heirsj successors and assigns, for a term ofninety-nine (99) years from the date this Declaration isrecorded, after which time said covenants shall be automaticallyextended for successive periods of ten (10) years each unless aninstrument signed by the then Owners of 75% of a11 the Unitssubject hereto (and 100% of the mortgagees of those supportingtermination) has been recorded, agreeing to revoke said covenantsand restrictions; provided, however, that no such agreement torevoke shall be effective unless made and recorded three (3)years in advance of the effective date of such revocatton, andunless written notice of the proposed agreement is sent to every
Owner at least ninety (9O) days in advance of any signaturesbeing obtained. '
14.2 I{qgj_gg. Any notice required to be sent to any
Member or owner ilnder the provisions of this Declaration shall be
deemed to have been properly sent when personally delivered ormailed, postage prepaid, to the last-known address of the person
who appears as Member or Owner on the records of the Associationat the time of such mailing.
14.3 Enforcement. Enforcement of these covenants andrestrictions shalrGElEEGEplished by any proceeding at law or inequity against any person or persons violating or attempting toviolate any covenant or restrtctton, either to restrain violationor to recover damages, and against the Units to enforce any liencreated by these covenants; and failure to enforce any covenantor restriction herein contained shall in no event be deemed awaiver of the right to do so thereafter. The prevailing party inany action to enforce these covenants shall be entitled toreceive, from the non-prevailing party or parties, all attorneys'
and paralegals' fees and court costs actually incurred by theprevailing party, including those for any appeals.
14.4 Severabilitv. Invalidation of any one of thesecovenants or restrictions or any part, clause or word hereof, orthe application thereof in specific circumstances, by judgment orcourt order shall not affect any other provisions or applicationsin other circumstances, a11 of which shall remain in full forceand effect,.
In addition to any other manner
29
14. 5 Amendment.
herein provided for the amendment of this Declaration, thecovenant,s, restrictions, easements, charges and liens of thisDeclaration may be amended, changed, deleted or added to at anytime and from time to time, in whole or in part, by approval at ameeting of Owners holding not less than 66-2/3% vote of theentire membership in the Association (as opposed to only thoseMembers represented at a meeting of the Association). Further,no provision of this Declaration may be amended if such provisionis required to be included herein by the Town of Vail. Theforegoing sentence may not be amended.
Effective Date. This Declaration shall become
tEE"TEEGEdffffifi in the Public Records of the
14. 6effective upon
County.
14.7 Conflict. This Declaration shall take precedenceover any conflicting provisions in the Articles of Incorporationand Bylaws of the Association and the Articles shall takeprecedence over the Bylaws.
14.8 Standards for Consent, Approval, Completion,Other Action andlfiGiB;EUnG-fi: ?tlhenever this Declaration shallrequire the consent, approval, completion, substantia1completion, or other action by the Declarant or its affiliates orthe Association, such consent, approval or action may be withheldin the sole and unfettered discretion of the party requested togive such consent or approval or take such actton, and allmatters required to be completed or substantially completed bythe Declarant or its affiliates or the Association shall be
deemed so completed or substantially completed when such rnatters
have been completed or substantially completed in the reasonableopinion of the Declarant or A'ssociation, as appropriate. ThisDeclaration shall be interpreted by the Board of Directors and anopinion of counsel to the Association rendered in good faith thata particular intetpretation is not unreasonable shallconclusively establish the validity of such interpretation.
14.9 Easements. Should the intended creation of any
easement provided for in this Declaration fail by reason of thefact that at the tirne of creation there may be no grantee in-being, having the capacity to take and hold such easement, thenany such grant of easement deemed not to have been so createdshall nevertheless be considered as having been granted directlyto the Association as agent for such intended grantees for thepurpose of allowing the origina1 party or parties to whom the
easements were originally intended to have been granted thebenefit of such easement and the Owners designate hereby theDeclarant and the Association (or either of them) as their lawfulattorney-in-fact to execute any instrument on such Owners' behalf
30
o o
as may hereafter be required or deemed necessary for the purposeof later creating such easement as it was intended to have beencreated herein. Formal language of grant or reservation withrespect to such easements, as appropriate, is hereby incorporatedin the easement provisions hereof to the extent not so recited insome or all of suc't provisions.
14.10 Arbitration. Any disputes between the Declarantand the AssociatiGir;Td-EfiT-deadlock within the Board ofDirectors shal1 be resolved thrdugh binding arbitration. Unlessit is otherwise agreed, arbitration shall be conducted inaccordance with the commercial arbitration rules of the AmericanArbitration Association.
14.11 Blastinq and Other Activities. ALL OWNERS,
OCCUPANTS AND USERS OF THE LODGES AT TIMBER CREEX ARE HEREBY
PLACED ON NOTICE THAT DECLARANT AND/OR ITS AGENTS, CONTRACTORS,
SUBCONTRACTORS, AND LICENSEES MAY BE, FROM TIME TO TIME,
CONDUCTING BLASTING, EXCAVATION, CONSTRUCTION AND OTHERACTIVITIES WITHIN OR IN PROXIMITY rro THE LODGES AT TIMBER CREEK.
BY THE ACCEPTANCE OF THEIR DEED OR OTHER CONVEYANCE OR MORTGAGE,
LEASEHOLD, IIICENSE OR OTHER INTEREST, AND BY USING ANY PORTION OF
THE LODGES AT TIMBER CREEK, EACH SUCH OWNER, OCCUPANT AND USER
AUTOMATICALLY ACKNOWLEDGES, STIPULATES AND AGREES (i) THAT NONE
OF THE AFORESAID ACTIVITIES SHALL BE DEEMED NUISANCES OR NOXlOUS
OR OFFENSIVE ACTIVITIES, HEREUNDER OR AT LAW GENERALLY, (ii) NOT
TO ENTER UPON, OR ALLOW THEIR CHI[IDREN OR OTHER PERSONS UNDER
THEIR CONTROL OR DIRECTION TO ENTER UPON (REGARDLESS OF WHETHER
SUCH ENTRY IS A TRESPASS OR OTHBRWISE) ANY PROPERTY WITHIN OR IN
PROXIMITY TO THE LODGES AT TIMBER CREEK WHERE SUCH ACTIVITY IS
BEING CONDUCTED (EVEN IF NoT sEING ACTIVELY CONDUCTED AT THE TIME
OF ENTRY, SUCH AS AT NIGHT OR OTHERWISE DURING NON-WORKING
HOURS), (iii) DECLARANT AND THE OTHER AFORESAID RELATED PARTIES
SHALL NOT BE LIABLE FOR ANY AND ALL LOSSES, DAMAGES
(COMPENSATORY, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), IN.JURIES OR
DEATHS ARISING FROM OR RELATING TO THE AFORESAID ACTIVITIES, (iv)
ANY PURCHASE OR USE OF ANY PORTION OF THE LODGES AT TIMBER CREEK
HAS BEEN AND WILL BE MAD'E WITH FULL KNOWLEDGE OF THE FOREGOING
AND (v) THIS ACKNOWLEDGEIJjENT AND AGREEMENT IS A MATERIAL
INDUCEMENT TO DECLARANT T0 SELL, CONVEY, LEASE AND/OR ALLOW THE
USE OF THE APPLICABLE PORTION OF THE LODGES AT TIMBER CREEK.
14.12 Covenants Runninc( With The Land. Anything tothe contrary hereTfi-fiGE;TEE;E;fiafng and without limiting thegenerality (and subject to the limitations) of Section 14.1hereof, it is the intention of all parties affected hereby (andtheir respective heirs, personal representatives, successors andassigns) that these covenants and restrictions shal1 run with theland. Without limitlng the generality of Section 14.4 hereof, if
31
p
any provision or appllcation of this Declaration would preventthis Deelaration from running with the land as aforesaid, suchprovision and/or application shall be judicially modified, if atall possible, to come as close as possible to the intent of suchprovision or application and then be enforced in a manner whichwi11 allow these covenants and restrictions to so run with theland; but if such provision and/or application cannot be somodified, such provision and/or application shall beunenforceable and considered nu11 and void in order that theparamount goal of the parties affected hereby (that thesecovenants and restrictions run with the land as aforesaid) beachieved.
14.13 Disclaimer of ffarranties. TO THE MAXIMUM EXTENT
LAWFU[, AND uNLEss-dLnRLIfifi61ggGLUiELY-p RoH : sITED BY LAW, ALLIMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE,
MERCHANTABILITY AND HABITABILITY, ANY WARRANTIES IMPOSED BY
sTA'I'UTE AND ALL OTHER IMPLIED WARRANTIES OF ANY KIND OR CHARACTERARE SPECIFICALLY DISCIjAIMED. DECLARANT HAS NOT GIVEN AND OWNERHAS NOT RELIED ON OR BARGAINED FOR ANY SUCH WARRANTJES. AS TOANY IMPLIED WARRANTY WHICH CANNOT BE DISCLAIMED ENTIRELY, ALL
SECONDARY, INCIDENTAL AND CONSEQUENTIAL DAMAGES ARE SPECIFICALI,Y
EXCLUDED AND DISCLAIMED (CLAIMS FOR SUCH SECONDARY, INCIDENTAL
AND CONSEQUENTIAL DAMAGES BEING CLEARLY UNAVAILABLE IN THE CASEOF III/IPLIED WARRANTIES WHICH ARE DISCLAIMED ENTIRELY ABOVE). ALL
OWNERS, BY VIRTUE OF THEIR ACCEPTANCE OF TITLE TO THEIR
RESPECTIVE UNITS (WHETHER FR0M THE DECLARANT OR ANOTHER PARTY)
SHAllI, BE DEEMED TO HAVE AUTOMATICALLY WAIVED ALL OF THE AFORESAID
DISCI,AIMED WARRANTIES AND INCIDENTAL AND CONSEQUENTIAL DAMAGBS.
14.14 Liabilitv of the Association. NOTWITHSTANDING
ANYTHING CONTAINED HEREIN OR IN THE ARTICLES OF INCORPORATION,
BYLAWS, ANY RULES OR REGULATIONS OF THE ASSOClATlON OR ANY OTHER
DOCUMENT GOVERNING OR BINDING THE ASSOClATlON (COLLECTIVELY, THE
"ASSOClATlON DOCUMENTS"), THE ASSOClATlON SHALL NOT BE LIABLE OR
RESPONSIBLE FOR, NOR IN AI\IY MANNER BE DEEMED A GUARANTOR OR
INSURER OF, THE HEALTH, SAFETY OR WELFARE OF ANY OWNER, OCCUPANT
OR USER OF ANY PORTION OF THE LODGES AT TIMBER CREEK, INCLUDING,
WITHOUT LIMITATION, RESIDENTS AND THEIR FA[4ILIES, GUESTS,INVITEES, AGENTS, SERvANTS, CONTRAC'I'ORS, MEMBERS' PERMITTEES OR
SUBCONTRACTORS OR FOR ANY PROPERTY OF ANY SUCH PERSONS. WITHOUTLIMITING THE GENERALITY OF THE FOREGOING:
(a) IT IS THE EXPRESS INTENT OF THE ASSOCIATION
DOCUMENTS THAT THE VARIOUS PRovlsldNs THEREoF WHICH ARE
ENFORCEABLE BY THE ASSOCIATION AND WHICH GOVERN OR
REGULATE THE USES OF THE LODGBS AT TIMBER CREEX HAVE
BEEN WRITTEN, AND ARE TO BE INTERPRETED AND ENFORCED,
FOR THE SOLE PURPOSE OF ENHANCING AND MAINTAINING THE
32
|
EI\IJOYMENT OF THE LODGES AT TIMBER CREEK AND THE VALUETHEREOF; AND
(b) THE ASSOClATlON IS NOT EMPOWERED, AND HAS NOT BEENCREATED, TO ACT AS AN ENTITY WHICH ENFORCES OR ENSURESTHE COMPLIANCE WITH THE LAWS OF THE UNI'I'ED STATES,
STATE OF COLORADO, THE COUNTY, THE TOWN OF VAIL AND/ORANY OTHER LJURISDICTION OR THE PREvENTIoN or llloRlllous
ACTIVITIES.
EACH OWNER (BY VIRTUE OF HIS ACCEPTANCE OF TiTLE 'ro HISUNIT) AND EACH OTHER PERSON HAVING AN INTEREST IN OR LIEN UPON,
OR MAXING ANY USE OF, ANY PORTION OF THE LODGES AT TIMBER CREEK(BY VIRTUE OF ACCEPTING SUCH INTEREST. OR LIEN OR MAKING SUCH
USES) SHAL[, BE BOUND BY THIS SECTION AND SHALL BE DEEMED TO HAVE
AUTOMATICALLY WAIVED ANY AND ALL RIGHTS, CLAIMS, DEMANDS AND
CAUSES OF ACTION AGAINST THE ASSOClATlON ARISING FROM OR
CONNECTED WITH ANY MATTER FOR WHICH THE LIABILITY OF THE
ASSOClATlON HAS BEEN DISCLAIMED IN THIS SECTlON.
AS USED IN THIS SECTlON, "ASSOClATlON" SHALL INCLUDE
WITHIN ITS MEANING ALL OF THE ASSOClATlON'S DIRECTORS, OFFICERS,
COMMITTEE AND BOARD MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS
33
(INCLUDING I4ANAGEMENT COMPANIES), SUBCONTRACTORS, SUCCESSORS ANDASSlGNS. 'I'HE PROVlSlONS OF THIS SECTION SHA[,L ALSO INURE TO THEBENEFIT OF THE DECLARANT AND ALL PARTIES RELA'I'ED THERETO, AI,L OFWHICH SHALL BE FULLY PROTECTED HEREBY.
EXECUTED as of the date first above written.
Witnessed by:
STATE OF COLORADO)
COUNTY OF EAGLE
) ss.
)
My Commission dxpires :
T. CHARLES OGILBY andS. H. COLE CONSTRUCTION COMPANY, atogether a
ershin _,;(l d/o
_ The foregoing instrument was acknowledged before rae,
[his i?,X,v,I -day ot 0et:, 199H, by x
[ g?Fi]|Ji?T -r CTtafi.rld5 OS;IIDG,
-;;17;;:;:,Ji,J-:i'-;;;;',,
;lJy,U,Jof t. tharles Ogilby and S. H. Cole Construction Company, aColorado general partnership, on behalf of the partnership.
,--By:
lqame:Title:
1321
34
Name :O([Jsan Rok,.
Notary Public
EXHIBIT "A"
A tract of land being a portion of the fina1 plat ofThe Lodges at Timber Creek, Town of Vail, County of Eagle, Stateof Colorado, aceording to the Plat as filed for record in theOffice of the Eagle County Clerk and Recorder said tract beingmore particularly described as follows :
seginning at the soUthwest Corner of the said ttnat '
plat of The Lodges at Timber Creek, Thence N42'53'07"W a distanceof 261.87 feet to the NW Corner of said final plat of The Lodgesat Timber Creek, also being a point on the South Right-of-Way ofInterstate 70; Thence N59'10'09"E along the South R-O-W line ofsaid lnterstate 70 a distance of 77.99 feet; Thence S49'51'39"E adistance of 194.02 feet; Thence N48'46'10"E a distance of 65.03feet; Thence S43'14'O0"E a distance of 96.45 feet to a point onthe South boundary of said fina1 plat of 'rhe Lodges At TimberCreek; Thence S62'26'10"W along said South boundary a distance of171.52 feet to the point of beginning, containing 30003 squarefeet or 0.6888 acres more or less.
o
EXHlgl'r "g"
A tract of land being a portion of the final plat ofThe Lodges at Timber Creek, Town of Vail, County of Eagle, Stateof Colorado, according to the Plat as filed for record in theOffice of the Eagle County Clerk and Recorder, said tract being
more particularly described as follows :
Beginning at a point on the South boundary of saidfinal plat of The Lodges at Timber Creek whence the Southwest
Corner of said Plat bears S62'26'10"W, 171.52 feet distant;
Thence N62'26'l0"E along said South boundary 1ine to the
Southeast Corner of said plat; Thence N39'11'30"W along the East
boundary of said plat a distance of 264.91 feet to a point on the
South R-O-W 11ne of Interstate 70; Thence along said R-O-W linefor the following 2 courses:
1) 173.11 feet along the arc of a curve to the left
having a central angle of 3'42'03", a radius of 2680.00 feet anda chord which bears S64'08'03"W 173.08 feet distant.2) S59'10'09"W a distance of 133;61 feet;
Thence S49'51'39"E a distance of 194.02 feet; Thence
N48'46'10"E a distance of 65.03 feet; Thence S43'14'00"E a
distance of 96.45 feet to the Point of beginning, containing
68309.square feet or 1.5682 acres more or less.